S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7506--A                                            A. 9506--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 22, 2020
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to contracts for excel-
   lence and the apportionment of public moneys; to amend  the  education
   law,  in relation to the purchase and loan of text-books; to amend the
   education law, in relation to aid for the purchase of  school  library
   materials; to amend the education law, in relation to the purchase and
   loan of computer software and hardware; to amend the education law, in
   relation  to  boards of cooperative educational services; to amend the
   education law, in relation to the apportionment of  public  moneys  in
   school districts employing eight or more teachers including foundation
   aid;  to  amend  the  education  law,  in  relation  to  the statewide
   universal full-day pre-kindergarten program; to  amend  the  education
   law,  in  relation to conditions under which districts are entitled to
   apportionment; to amend the education  law,  in  relation  to  waiving
   certain  duties  of districts, schools or boards of cooperative educa-
   tional services; to amend the education law, in relation  to  issuance
   of  charters;  to  amend  the education law, in relation to courses of
   instruction in patriotism and  citizenship  and  in  certain  historic
   documents;  to  amend the education law, in relation to instruction in
   the Holocaust in certain schools;  to  amend  the  education  law,  in
   relation  to  moneys  apportioned  to  school districts for commercial
   gaming grants; to amend chapter 756 of the laws of 1992,  relating  to
   funding a program for work force education conducted by the consortium
   for  worker  education in New York city, in relation to reimbursements
   for the 2020-2021 school year; to amend chapter 756  of  the  laws  of
   1992, relating to funding a program for work force education conducted
   by  the  consortium for worker education in New York city, in relation
   to withholding a portion of employment preparation education  aid  and
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12672-02-0

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   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 effectiveness thereof; to amend chapter
   147 of the laws of 2001, amending the education law relating to condi-
   tional appointment of school district, charter school or BOCES employ-
   ees, in relation to the effectiveness thereof; to amend chapter 425 of
   the laws of 2002, amending the education law relating to the provision
   of supplemental educational services,  attendance  at  a  safe  public
   school  and the suspension of pupils who bring a firearm to or possess
   a firearm at a school, in relation to the  effectiveness  thereof;  to
   amend  chapter  101  of  the  laws of 2003, amending the education law
   relating to implementation of the No Child Left Behind Act of 2001, in
   relation to the effectiveness thereof; to amend part C of  chapter  57
   of the laws of 2004, relating to the support of education, in relation
   to  the  effectiveness thereof; relates to school bus driver training;
   relates to  special  apportionment  for  salary  expenses  and  public
   pension  accruals;  relates to authorizing the city school district of
   the city of Rochester to purchase certain services; relates to  subal-
   locations  of  appropriations;  and  relates  to the support of public
   libraries (Part A); to amend the education law, in relation to  estab-
   lishing  the  Syracuse  Comprehensive Education and Workforce Training
   Center focusing on Science, Technology, Engineering, Arts, and Math to
   provide instruction to students in the Onondaga, Cortland and  Madison
   county  BOCES and the central New York region in the areas of science,
   technology, engineering, arts and mathematics (Part B); directing  the
   commissioner  of education to appoint a monitor for the Rochester city
   school district and establishing the powers and duties of such monitor
   and certain other officers; and  providing  for  the  repeal  of  such
   provisions  upon  the expiration thereof (Part C); to amend the educa-
   tion law, in relation to predictable tuition allowing  annual  tuition
   increase  for  SUNY  and CUNY schools; and to amend chapter 260 of the
   laws of 2011, amending the education law and the New York state  urban
   development corporation act relating to establishing components of the
   NY-SUNY 2020 challenge grant program, in relation to the effectiveness
   thereof  (Part D); to amend the education law, in relation to adjusted
   gross income qualification for the excelsior scholarship (Part E);  to
   amend the education law, in relation to adjusted gross income caps for
   enhanced  tuition  awards  (Part F); to amend the business corporation
   law, the partnership law and the limited  liability  company  law,  in
   relation to certified public accountants (Part G); to utilize reserves
   in  the mortgage insurance fund for various housing purposes (Part H);
   to amend the emergency tenant protection act of nineteen seventy-four,
   in relation to authorizing a payment offset  for  rent  administration
   costs  (Part  I);  to amend the labor law, in relation to guaranteeing
   sick leave (Part J); 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 K); to amend  the  family  court
   act,  in  relation  to  judgments  of  parentage of children conceived
   through assisted reproduction or pursuant to surrogacy agreements;  to
   amend  the  domestic relations law, in relation to restricting genetic
   surrogate parenting contracts; to amend  the  public  health  law,  in
   relation to voluntary acknowledgments of parentage, gestational surro-
   gacy  and  regulations  concerning  ova donation; to amend the general
   business law, the estates, powers  and  trusts  law,  and  the  social
   services law, in relation to the regulation of surrogacy programs; and

 S. 7506--A                          3                         A. 9506--A
 
   to repeal section 73 of the domestic relations law, relating to legit-
   imacy  of  children born by artificial insemination (Part L); to amend
   the social services law and the  family  court  act,  in  relation  to
   compliance with the Federal Family First Prevention Services Act (Part
   M);  to  amend  the  social services law, in relation to restructuring
   financing for residential school placements (Part  N);  to  amend  the
   executive law, in relation to New York state veterans cemeteries (Part
   O);  and  to  amend the education law, in relation to establishing the
   curing Alzheimer's health consortium (Part P);
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Enacts into law major components of legislation necessary
 to implement the state education, labor, housing and  family  assistance
 budget  for  the  2020-2021 state fiscal year.  Each component is wholly
 contained within a Part identified as Parts A through P.  The  effective
 date  for  each  particular  provision contained within such Part is set
 forth in the last section of such Part. Any  provision  in  any  section
 contained within a Part, including the effective date of the Part, which
 makes  a  reference  to a section "of this act", when used in connection
 with that particular component, shall be deemed to mean and refer to the
 corresponding section of the Part in which it is found.   Section  three
 of this act sets forth the general effective date of this act.
 
                                  PART A
 
   Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
 tion  law, as amended by section 1 of part YYY of chapter 59 of the laws
 of 2019, 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

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 for the  two  thousand  eleven--two  thousand  twelve  school  year  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  twelve--two  thousand  thirteen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year  and  provided  further  that,  a  school district that submitted a
 contract for excellence for  the  two  thousand  thirteen--two  thousand
 fourteen  school year, unless all schools in the district are identified
 as in good standing, shall submit a contract for excellence for the  two
 thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand  fourteen  school  year;  and  provided  further that, a school
 district that submitted a contract for excellence for the  two  thousand
 fourteen--two  thousand  fifteen  school year, unless all schools in the
 district are identified as in good standing, shall submit a contract for
 excellence for the two thousand  fifteen--two  thousand  sixteen  school
 year  which shall, notwithstanding the requirements of subparagraph (vi)
 of paragraph a of subdivision two  of  this  section,  provide  for  the
 expenditure  of  an  amount  which  shall  be  not  less than the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further that a school district that submitted a contract for  excellence
 for  the  two thousand fifteen--two thousand sixteen school year, unless
 all schools in the district are identified as in  good  standing,  shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of  subparagraph (vi) of paragraph a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand fifteen--two  thousand  sixteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand sixteen--two thousand  seventeen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 seventeen--two  thousand eighteen school year which shall, notwithstand-
 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-

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 teen--two  thousand  eighteen  school year; and provided further that, a
 school district that submitted a contract for  excellence  for  the  two
 thousand eighteen--two thousand nineteen school year, unless all schools
 in  the  district  are  identified  as  in good standing, shall submit a
 contract for excellence for  the  two  thousand  nineteen--two  thousand
 twenty  school  year  which  shall,  notwithstanding the requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand eighteen--two thousand nineteen school year; AND
 PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A  CONTRACT  FOR
 EXCELLENCE  FOR  THE  TWO  THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
 YEAR, UNLESS ALL SCHOOLS IN THE  DISTRICT  ARE  IDENTIFIED  AS  IN  GOOD
 STANDING,  SHALL  SUBMIT  A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
 TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING
 THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION  TWO
 OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE
 NOT  LESS  THAN  THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT
 FOR EXCELLENCE FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
 YEAR.  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 pursuant to chapter fifty-three of the
 laws of two thousand eleven, making appropriations for the local assist-
 ance  budget,  including support for general support for public schools.
 Provided, further, that such amount shall be  expended  to  support  and
 maintain  allowable programs and activities approved in the two thousand
 nine--two thousand ten school year or to support new or expanded  allow-
 able programs and activities in the current year.
   §  2.  Section  701 of the education law, as amended by chapter 587 of
 the laws of 1973, subdivision 2 as amended by section 1 of  part  A1  of
 chapter  58 of the laws of 2011, subdivision 3 as amended by chapter 391
 of the laws of 1989, subdivision 4 as amended by chapter 82 of the  laws
 of  1995,  subdivision 6 as amended by section 6 of part B of chapter 57
 of the laws of 2007, subdivision 7 as amended by section 2 of part A  of
 chapter  436  of the laws of 1997, and subdivision 8 as added by chapter
 635 of the laws of 1984, is amended to read as follows:
   § 701. Power to designate text-books; purchase and loan of text-books;
 purchase of supplies. 1. In the several cities and school  districts  of
 the  state,  boards  of  education,  trustees or such body or officer as
 perform the functions of such boards, shall designate text-books  to  be
 used in the schools under their charge.
   2.  A  text-book, for the purposes of this section shall mean: (i) any
 book, or a book substitute, which shall include hard covered  or  paper-
 back  books, work books, or manuals and (ii) for expenses incurred after
 July first,  nineteen  hundred  ninety-nine,  any  courseware  or  other
 content-based  instructional  materials in an electronic format, as such
 terms are defined in the regulations of the commissioner, which a  pupil
 is  required  to  use  as  a text, or a text-substitute, in a particular

 S. 7506--A                          6                         A. 9506--A
 
 class or program in the school he or she legally attends.  For  expenses
 incurred  on  or  after July first, two thousand eleven, AND BEFORE JULY
 FIRST, TWO THOUSAND NINETEEN, a  text-book  shall  also  mean  items  of
 expenditure  that are eligible for an apportionment pursuant to sections
 seven hundred eleven,  seven  hundred  fifty-one  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.  Expenditures aided pursu-
 ant  to this section shall not be eligible for aid pursuant to any other
 section of law. Courseware or other content-based instructional  materi-
 als  in  an  electronic  format  included  in the definition of textbook
 pursuant to this subdivision shall be subject to the same limitations on
 content as apply to books or book substitutes  aided  pursuant  to  this
 section.
   3.  In the several cities and school districts of the state, boards of
 education, trustees or such body or officers as perform the function  of
 such  boards  shall have the power and duty to purchase and to loan upon
 individual request, textbooks, to all children residing in such district
 who are enrolled in a public school  including  children  attending  the
 public  schools  of  the  district  for whom the district is eligible to
 receive reimbursement pursuant to paragraph a of  subdivision  eight  of
 section  thirty-two hundred two of this chapter, provided, however, that
 such children shall not be counted by any other school district, and  to
 all  children  residing in such district who are enrolled in a nonpublic
 school. Textbooks loaned to children enrolled in said nonpublic  schools
 shall be textbooks which are designated for use in any public schools of
 the  state or are approved by any boards of education, trustees or other
 school authorities. Such textbooks are to be loaned free to  such  chil-
 dren  subject  to such rules and regulations as are or may be prescribed
 by the board of regents and such boards of education, trustees or  other
 school authorities. Enrollment shall be as defined in subdivision one of
 section thirty-six hundred two of this chapter.
   4.  No  school  district  shall  be  required to purchase or otherwise
 acquire textbooks, the cost of which shall exceed an amount equal to the
 [apportionment] TEXTBOOK FACTOR pursuant  to  subdivision  six  of  this
 section  plus a minimum lottery grant determined pursuant to subdivision
 four of section ninety-two-c of the state finance law multiplied by [the
 number of children residing in such district and so enrolled in the base
 year] THE SUM OF THE ENROLLMENTS IN GRADES KINDERGARTEN  THROUGH  TWELVE
 IN THE BASE YEAR CALCULATED PURSUANT TO SUBPARAGRAPHS FOUR, FIVE AND SIX
 OF  PARAGRAPH  N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS CHAPTER; and no school district shall be required to loan textbooks
 in excess of the textbooks owned or acquired by such district; provided,
 however that all textbooks owned or acquired by such district  shall  be
 loaned  to  children  residing in the district and so enrolled in public
 and nonpublic schools on an equitable basis.
   5. In the several cities and school districts of the state, boards  of
 education,  trustees  or  other school authorities may purchase supplies
 and either rent, sell or loan the  same  to  the  pupils  attending  the
 public  schools  in such cities and school districts upon such terms and
 under such rules and regulations as may be prescribed by such boards  of
 education, trustees or other school authorities.
   6. The commissioner, in addition to the annual apportionment of public
 monies  pursuant  to other articles of this chapter, IN THE TWO THOUSAND
 NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND PRIOR shall  apportion  to

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 each  school  district  an  amount  equal  to  the cost of the textbooks
 purchased and loaned by the district pursuant to  this  section  in  the
 base  year,  but  in  no  case shall the aid apportioned to the district
 exceed  the product of the textbook factor plus a minimum lottery grant,
 determined pursuant to subdivision four of section ninety-two-c  of  the
 state finance law, and the sum of the enrollments in grades kindergarten
 through  twelve  in  the  base year calculated pursuant to subparagraphs
 four, five, and six of paragraph n of subdivision one of  section  thir-
 ty-six hundred two of this chapter. Aid payable pursuant to this section
 shall be deemed final and not subject to change after April thirtieth of
 the school year for which payment was due.
   For  aid  payable in the two thousand seven--two thousand eight school
 year [and thereafter] THROUGH THE TWO  THOUSAND  NINETEEN--TWO  THOUSAND
 TWENTY  SCHOOL YEAR, the textbook factor shall equal forty-three dollars
 and twenty-five cents.  FOR PURPOSES OF DETERMINING  LOANS  PURSUANT  TO
 SUBDIVISIONS  THREE AND FOUR OF THIS SECTION IN THE TWO THOUSAND TWENTY-
 -TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, THE TEXTBOOK FACTOR
 SHALL EQUAL FIFTY-EIGHT DOLLARS AND TWENTY-FIVE CENTS.
   7. The apportionment provided for in this section shall  be  paid,  at
 such  times as may be determined by the commissioner and approved by the
 director of the budget, during the school year in which the expenditures
 are reported to the department prior to such apportionment. Expenditures
 by a school district in excess of the product  of  the  textbook  factor
 plus  a minimum lottery grant determined pursuant to subdivision four of
 section ninety-two-c of the state finance law and the sum of the enroll-
 ments in grades kindergarten through twelve in the base year  calculated
 pursuant to subparagraphs four, five, and six of paragraph n of subdivi-
 sion one of section thirty-six hundred two of this chapter in any school
 year  shall be deemed approved operating expense of the district for the
 purpose of computation of  state  aid  pursuant  to  section  thirty-six
 hundred  two  of this chapter, but expenditures up to such product shall
 not be deemed approved operating expenses for such purpose.
   8. In its discretion, a board of education may adopt regulations spec-
 ifying the date by which requests for the purchase and loan of textbooks
 must be received by the district. Notice of such date shall be given  to
 all  non-public  schools.  Such date shall not be earlier than the first
 day of June of the school year prior to that for  which  such  textbooks
 are  being  requested, provided, however, that a parent or guardian of a
 child not attending a particular non-public school prior to  June  first
 of  the  school  year  may submit a written request for textbooks within
 thirty days after such child is enrolled in such non-public  school.  In
 no  event  however  shall  a request made later than the times otherwise
 provided pursuant to this  subdivision  be  denied  where  a  reasonable
 explanation is given for the delay in making the request.
   §  3. Subdivision 4 of section 711 of the education law, as amended by
 section 4 of part C of chapter 58 of the laws of  1998,  is  amended  to
 read as follows:
   4.  Commencing  July first, nineteen hundred ninety eight THROUGH JUNE
 THIRTIETH, TWO THOUSAND TWENTY, the commissioner,  in  addition  to  the
 annual apportionment of public monies pursuant to other articles of this
 chapter,  shall apportion to each school district an amount equal to the
 cost of the school library materials purchased by the district  pursuant
 to  this  section  in the base year, but in no case shall the aid appor-
 tioned to the district exceed  the  product  of  the  library  materials
 factor  and  the  sum  of  public  school district enrollment, nonpublic
 school enrollment,  and  additional  public  enrollment  as  defined  in

 S. 7506--A                          8                         A. 9506--A
 
 subparagraphs  two,  three, and six of paragraph n of subdivision one of
 section thirty-six hundred two of this chapter.  Aid payable pursuant to
 this section shall be deemed final and not subject to change after April
 thirtieth of the school year for which payment was due.
   §  4.  Subdivision  2 of section 712 of the education law, as added by
 chapter 53 of the laws of 1985, is amended to read as follows:
   2. No school district shall be required to loan school library materi-
 als in excess of the school library materials owned [or],  acquired,  OR
 DESIGNATED  by such district pursuant to section seven hundred eleven of
 this article PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT  EXCEED  THE
 PRODUCT  OF  THE  LIBRARY  MATERIALS FACTOR AND THE SUM OF PUBLIC SCHOOL
 DISTRICT ENROLLMENT, NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL  PUBLIC
 ENROLLMENT AS DEFINED IN SUBPARAGRAPHS TWO, THREE AND SIX OF PARAGRAPH N
 OF  SUBDIVISION  ONE  OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
 Such school library materials shall be loaned on an equitable  basis  to
 children defined in subdivision three of section seven hundred eleven of
 this article attending in the current year. The payment of tuition under
 article eighty-nine of this chapter is deemed to be an equitable loan to
 children for whom such tuition is paid.
   §  5. Subdivision 4 of section 751 of the education law, as amended by
 section 3 of part H of chapter 83 of the laws of  2002,  is  amended  to
 read as follows:
   4. The commissioner, in addition to the annual apportionment of public
 monies  pursuant  to other articles of this chapter, IN THE TWO THOUSAND
 NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND PRIOR shall  apportion  to
 each  school  district  an  amount  equal  to  the  cost of the software
 programs purchased by the district pursuant to this section in the  base
 year,  but  in  no case shall the aid apportioned to the district exceed
 the product of the software factor and the sum of public school district
 enrollment, nonpublic school enrollment, and additional  public  enroll-
 ment  as  defined in subparagraphs two, three, and six of paragraph n of
 subdivision one of section thirty-six hundred two of this chapter.
   For aid payable in the nineteen hundred ninety-seven--ninety-eight and
 nineteen hundred ninety-eight--ninety-nine school  years,  the  software
 factor  shall  equal four dollars and fifty-eight cents. For aid payable
 in the nineteen hundred ninety-nine--two thousand school year, the soft-
 ware factor shall equal seven dollars  and  fifty-five  cents.  For  aid
 payable  in the two thousand--two thousand one school year, the software
 factor shall equal fourteen dollars  and  ninety-eight  cents.  For  aid
 payable in the two thousand one--two thousand two school year, the soft-
 ware  factor  shall equal twenty-three dollars and ninety cents. For aid
 payable in the two thousand two--two  thousand  three  school  year  and
 thereafter,  the  software factor shall equal fourteen dollars and nine-
 ty-eight cents. The apportionment provided for in this section shall  be
 paid at such times as may be determined by the commissioner and approved
 by  the  director  of  the  budget. Aid payable pursuant to this section
 shall be deemed final and not subject to change after April thirtieth of
 the school year for which payment was due.
   § 6. Subdivision 2 of section 752 of the education law, as amended  by
 chapter 257 of the laws of 1984, is amended to read as follows:
   2.  No  school district shall be required to loan software programs in
 excess of the software programs owned [or], acquired, OR  DESIGNATED  by
 such  district pursuant to section seven hundred fifty-one of this arti-
 cle PROVIDED THAT SUCH DESIGNATED AMOUNT SHALL NOT EXCEED THE PRODUCT OF
 THE SOFTWARE FACTOR AND THE SUM OF PUBLIC  SCHOOL  DISTRICT  ENROLLMENT,
 NONPUBLIC SCHOOL ENROLLMENT, AND ADDITIONAL PUBLIC ENROLLMENT AS DEFINED

 S. 7506--A                          9                         A. 9506--A
 
 IN  SUBPARAGRAPHS  TWO, THREE, AND SIX OF PARAGRAPH N OF SUBDIVISION ONE
 OF SECTION THIRTY-SIX HUNDRED  TWO  OF  THIS  CHAPTER.    Such  software
 programs  shall  be  loaned on an equitable basis to children defined in
 subdivision  three  of  section  seven hundred fifty-one of this article
 attending in the current year. The  payment  of  tuition  under  article
 eighty-nine  of  this chapter is deemed to be an equitable loan to chil-
 dren for whom such tuition is paid.
   § 7. Section 753 of the education law, as added by section 7-a of part
 B of chapter 57 of the laws of 2007, subdivision 1 as amended by section
 4 of part A1 of chapter 58 of the laws of 2011, is amended  to  read  as
 follows:
   § 753. Instructional computer hardware and technology equipment appor-
 tionment.  1. In addition to any other apportionment under this chapter,
 a school district shall be  eligible  for  an  apportionment  under  the
 provisions  of  this  section IN THE TWO THOUSAND NINETEEN--TWO THOUSAND
 TWENTY SCHOOL YEAR AND PRIOR for approved expenses for (i) the  purchase
 or  lease  of  micro  and/or  mini  computer  equipment or terminals for
 instructional purposes or (ii) technology equipment, as defined in para-
 graph c of subdivision two  of  this  section,  used  for  instructional
 purposes,  or  (iii)  for  the repair of such equipment and training and
 staff development for instructional purposes as provided hereinafter, or
 (iv) for expenses incurred on or after July first, two  thousand  eleven
 AND  BEFORE  JULY FIRST, TWO THOUSAND NINETEEN, any items of expenditure
 that are eligible  for  an  apportionment  pursuant  to  sections  seven
 hundred one, seven hundred eleven and/or seven hundred fifty-one of this
 title,  where such items are designated by the school district as eligi-
 ble for aid pursuant to this section, provided, however, that  if  aided
 pursuant to this section, such expenses shall not be aidable pursuant to
 any  other section of law. Such aid shall be provided pursuant to a plan
 developed by the district which demonstrates to the satisfaction of  the
 commissioner  that  the  instructional  computer  hardware  needs of the
 district's public school students have been adequately met and that  the
 school  district  has  provided  for  the loan of instructional computer
 hardware to students legally attending  nonpublic  schools  pursuant  to
 section  seven  hundred  fifty-four of this article.   The apportionment
 shall equal the lesser of such approved expense in the base year or, the
 product of (i) the technology factor, (ii) the sum of the public  school
 district enrollment and the nonpublic school enrollment in the base year
 as  defined in subparagraphs two and three of paragraph n of subdivision
 one of section thirty-six hundred two of this  chapter,  and  (iii)  the
 building aid ratio, as defined in subdivision four of section thirty-six
 hundred  two of this chapter. For aid payable in the two thousand seven-
 -two thousand eight school year and thereafter,  the  technology  factor
 shall be twenty-four dollars and twenty cents. A school district may use
 up  to  twenty percent of the product of (i) the technology factor, (ii)
 the sum of the public  school  district  enrollment  and  the  nonpublic
 school  enrollment  in the base year as defined in subparagraphs two and
 three of paragraph n of subdivision one of  section  thirty-six  hundred
 two  of this chapter, and (iii) the building aid ratio for the repair of
 instructional computer hardware and technology  equipment  and  training
 and  staff  development  for  instructional  purposes pursuant to a plan
 submitted to the commissioner.
   2. As used in this article:
   a. "Current year" shall have the same meaning as that term is  defined
 in subdivision one of section thirty-six hundred two of this chapter;

 S. 7506--A                         10                         A. 9506--A
 
   b.  "Base year" shall have the same meaning as that term is defined in
 subdivision one of section thirty-six hundred two of this article; and
   c.  "Technology  equipment",  for  the purposes of this article, shall
 mean equipment with a useful life used in conjunction with or in support
 of educational programs including but not limited to video, solar  ener-
 gy,  robotic,  satellite,  laser and such other equipment as the commis-
 sioner shall approve provided that expenses for the purchase or lease of
 such equipment shall not be eligible for aid under any other  provisions
 of this chapter.
   3.  No  school  district  shall  be  required to purchase or otherwise
 acquire instructional computer hardware  or  technology  equipment,  the
 cost of which exceeds, FOR THE TWO THOUSAND NINETEEN-TWO THOUSAND TWENTY
 SCHOOL YEAR AND PRIOR, the amount of state aid provided pursuant to this
 section, AND FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
 YEAR  AND THEREAFTER, THE PRODUCT OF (I) THE TECHNOLOGY FACTOR, (II) THE
 SUM OF THE PUBLIC SCHOOL DISTRICT ENROLLMENT AND  THE  NONPUBLIC  SCHOOL
 ENROLLMENT IN THE BASE YEAR AS DEFINED IN SUBPARAGRAPHS TWO AND THREE OF
 PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
 CHAPTER, AND (III) THE BUILDING AID RATIO.
   4.  The  apportionment  provided  for in this section shall be paid at
 such times as may be determined by the commissioner and approved by  the
 director of the budget, during the school year in which the expenditures
 are  reported  to  the  department  prior to such apportionment, but not
 earlier than the school year after the school year in which expenses are
 incurred.
   5. Expenses aided pursuant to this section shall not be  eligible  for
 aid pursuant to any other provision of this chapter.
   §  8. Paragraphs a, f, g and h of subdivision 5 of section 1950 of the
 education law, paragraph a as amended by section 4 and  paragraph  g  as
 amended  by section 5 of part C of chapter 57 of the laws of 2004, para-
 graph f as amended by chapter 53 of the laws of 1981, and paragraph h as
 added by section 1 of part L of chapter 57 of  the  laws  of  2005,  are
 amended to read as follows:
   a. Upon application by a board of cooperative educational services, IN
 THE  TWO  THOUSAND  NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND PRIOR,
 there shall be apportioned and paid from state funds to  each  board  of
 cooperative educational services an amount which shall be the product of
 the  approved  cost  of  services actually incurred during the base year
 multiplied by the sharing ratio for cooperative educational services aid
 which shall equal the greater of: (i) an amount equal to one  minus  the
 quotient  expressed  as  a  decimal  to three places without rounding of
 eight mills divided by the tax rate of the local district computed  upon
 the  actual  valuation  of  taxable  property, as determined pursuant to
 subdivision one of section thirty-six hundred two of  this  chapter  and
 notwithstanding  section  three thousand six hundred three, expressed in
 mills to the nearest tenth as determined by the commissioner,  provided,
 however,  that where services are provided to a school district which is
 included within a central high school district  or  to  a  central  high
 school  district,  such  amount  shall  equal  one  minus  the  quotient
 expressed as a decimal to three places without rounding of  three  mills
 divided  by  the  tax rates, expressed in mills to the nearest tenth, of
 such districts, as determined by the commissioner or (ii) the aid  ratio
 of each school district for the current year, which shall be such compo-
 nent  school  district's  board  of cooperative educational services aid
 ratio and which shall be not less than thirty-six percent  converted  to
 decimals  and  shall  be not more than ninety percent converted to deci-

 S. 7506--A                         11                         A. 9506--A
 
 mals. For the purposes of this paragraph, the  tax  rate  of  the  local
 district computed upon the actual valuation of taxable property shall be
 the  sum  of  the  amount  of tax raised by the school district plus any
 payments  in  lieu  of taxes received by the school district pursuant to
 section four hundred eighty-five of the real property tax  law,  divided
 by  the  actual valuation of the school district, provided, however that
 the tax rate for a central high school district shall be the sum of  the
 amount  of  tax  raised  by  the  common and union free school districts
 included within the central high school district for the support of  the
 central high school district plus any payments in lieu of taxes received
 for  the support of the central high school district pursuant to section
 four hundred eighty-five of the real property tax law,  divided  by  the
 actual  valuation  of the central high school district. The tax rate for
 each common or union free school district which  is  included  within  a
 central  high  school district shall be the sum of the amount raised for
 the support of such common  or  union  free  school  district  plus  any
 payments  in  lieu  of  taxes  received  for  the  support of the school
 district pursuant to section four hundred eighty-five of the real  prop-
 erty tax law, exclusive of the amount raised for the central high school
 district,  divided  by the actual valuation of such common or union free
 school district.
   f. The sum  of  the  amounts  determined  for  each  component  school
 district  as  the  apportionment to the board of cooperative educational
 services pursuant to the provisions of this section shall  not  be  less
 than  the  amount  which would have been apportioned during the nineteen
 hundred sixty-seven--sixty-eight school year  under  the  provisions  of
 this subdivision as in effect on December thirty-first, nineteen hundred
 sixty-six  to the board of cooperative educational services of which the
 district was a component member for which such apportionment  was  made,
 except  that  such minimum apportionment shall be reduced in any year in
 which the expenditures of the component district for  board  of  cooper-
 ative educational purposes fall below the expenditure on which the nine-
 teen  hundred  sixty-seven--sixty-eight  apportionment  to  the board of
 cooperative educational services was based, such reduction to be made on
 a proportionate basis, PROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL  NO
 LONGER APPLY COMMENCING WITH THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
 TY-ONE SCHOOL YEAR.
   g. Any payment required by a board of cooperative educational services
 to the dormitory authority or any payment required by a board of cooper-
 ative  educational services to acquire or construct a school facility of
 the board of cooperative educational  services,  and  any  payments  for
 rental  of  facilities  by  a  board of cooperative educational services
 shall, for the purposes of apportionment of public moneys to  the  board
 of  cooperative educational services by the state of New York, be deemed
 to be an administrative or capital expense, as designated by the commis-
 sioner, but the entire amount of  such  payment  shall  be  utilized  in
 making such apportionment and the limitation of ten percent of the total
 expenses  contained  in  this  subdivision  shall not be applicable. Any
 expense designated by the commissioner as a  capital  expense  shall  be
 included  in  the capital budget of the board of cooperative educational
 services and, except as otherwise provided in this paragraph,  shall  be
 aided  in the same manner as an administrative expense, PROVIDED, HOWEV-
 ER, THAT SUCH AID SHALL NOT BE PROVIDED COMMENCING WITH THE TWO THOUSAND
 TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR. Any such payment shall  not
 be  considered  part  of the total expenses of the board for purposes of
 determining the administrative and clerical expenses not to  exceed  ten

 S. 7506--A                         12                         A. 9506--A
 
 percent  otherwise  eligible  for  aid  under this subdivision, and such
 payments shall be considered for the purpose of apportionment during the
 current school year such payment is made.  The  apportionment  for  such
 payments  shall  be determined by multiplying the amount of such payment
 allocated to each component school district in the board of  cooperative
 educational services by the aid ratio, and shall be not more than ninety
 percent  converted to decimals, of each such component computed pursuant
 to subdivision three of section  thirty-six  hundred  two  and  used  to
 apportion  aid  to  that district in that current school year; provided,
 however, the apportionment for  the  construction,  acquisition,  recon-
 struction, rehabilitation, or improvement of board of cooperative educa-
 tional services facilities, including payments to the dormitory authori-
 ty  and payments under any lease agreement, shall be based upon the cost
 of the board of cooperative educational services school  facilities  but
 not to exceed the cost allowance set forth in subdivision six of section
 thirty-six  hundred  two  of  the  education law and payments for rental
 facilities shall be subject to the approval of the commissioner.
   h. Each board of cooperative educational services receiving a  payment
 pursuant  to  paragraph  a  of  this  subdivision and section thirty-six
 hundred nine-d of this chapter, IN THE TWO THOUSAND NINETEEN--TWO  THOU-
 SAND  TWENTY  SCHOOL YEAR AND PRIOR, shall be required to set aside from
 such payment an amount not less than the amount of  state  aid  received
 pursuant  to  paragraph  a of this subdivision in the base year that was
 attributable to cooperative services  agreements  (CO-SERs)  for  career
 education,  as  determined by the commissioner, and shall be required to
 use such amount to support career  education  programs  in  the  current
 year.
   § 9. Subparagraph (ii) of paragraph j 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 and a new paragraph (iii)  is  added  to
 read as follows:
   (ii)  For  aid  payable  in  the two thousand eight--two thousand nine
 school year THROUGH TWO THOUSAND NINETEEN--TWO  THOUSAND  TWENTY  SCHOOL
 YEAR, AND IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL
 YEAR and thereafter, the total foundation aid base shall equal the total
 amount  a  district was eligible to receive in the base year pursuant to
 subdivision four of this section.
   (III) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWEN-
 TY-ONE SCHOOL YEAR, THE TOTAL FOUNDATION AID BASE SHALL EQUAL THE SUM OF
   (1)  THE  TOTAL  AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE
 YEAR PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, PLUS
   (2) THE TOTAL AMOUNTS SET FORTH FOR SUCH SCHOOL DISTRICT  AS  "2019-20
 CLAIMED  BOCES  AID",  "2019-20  ACADEMIC  IMPRVMT AID", "2019-20 CAREER
 EDUCATION AID", "2019-20 COMPUTER ADMIN AID", "2019-20 HARDWARE &  TECH-
 NOL  AID",  "2019-20  SOFTWARE  AID",  "2019-20  LIBRARY MATERIALS AID",
 "2019-20 TEXTBOOK AID", "2019-20  CHRTR  SCH  TRANSTNL  AID",  "ACADEMIC
 ENHANCEMENT",  "HIGH  TAX  AID", AND "SUPP PUB EXCESS COST", IN THE DATA
 FILE PRODUCED BY THE COMMISSIONER IN SUPPORT  OF  THE  EXECUTIVE  BUDGET
 REQUEST FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR
 AND ENTITLED "BT202-1".
   §  10.  Paragraph  e of subdivision 4 of section 3602 of the education
 law, as amended by section 4 of part YYY of chapter 59 of  the  laws  of
 2019, is amended to read as follows:
   e.  Community  schools  aid  set-aside. Each school district shall set
 aside from its total foundation aid computed for the current year pursu-
 ant to this subdivision an amount equal to the sum of (i) the amount, if

 S. 7506--A                         13                         A. 9506--A
 
 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", (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  seven-
 teen--two  thousand  eighteen  school year and entitled "BT171-8", (iii)
 the amount, if any, set forth for such district  as  "COMMUNITY  SCHOOLS
 INCREASE"  in  the  data file produced by the commissioner in support of
 the executive budget for the two thousand eighteen--two  thousand  nine-
 teen  school year and entitled "BT181-9", [and] (iv) the amount, if any,
 set forth for such district as "19-20 COMMUNITY  SCHOOLS  INCR"  in  the
 data file produced by the commissioner in support of the executive budg-
 et  for  the  two thousand nineteen--two thousand twenty school year and
 entitled "BT192-0", AND (V) THE AMOUNT,  IF  ANY,  SET  FORTH  FOR  SUCH
 DISTRICT  AS "20-21 COMMUNITY SCHOOLS INCR" IN THE DATA FILE PRODUCED BY
 THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND
 TWENTY--TWO THOUSAND TWENTY-ONE  SCHOOL  YEAR  AND  ENTITLED  "BT202-1".
 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
 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  shall  use
 such  "COMMUNITY  SCHOOLS  INCREASE"  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. Each school district shall use
 such "19-20 COMMUNITY SCHOOLS INCR" 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, trauma informed
 support, 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.    EACH
 SCHOOL DISTRICT SHALL USE SUCH "20-21 COMMUNITY SCHOOLS INCR" TO SUPPORT

 S. 7506--A                         14                         A. 9506--A
 
 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,
 TRAUMA  INFORMED  SUPPORT,  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.
   § 11. Subdivision 4 of section 3602 of the education law is amended by
 adding a new paragraph h to read as follows:
   H. FOUNDATION AID PAYABLE IN THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND
 TWENTY-ONE  SCHOOL  YEAR.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE
 CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND  TWENTY--TWO  THOU-
 SAND  TWENTY-ONE SCHOOL YEAR SHALL EQUAL THE SUM OF (1) ADJUSTED FOUNDA-
 TION AID AS DEFINED IN SUBPARAGRAPH (VI) OF THIS PARAGRAPH PLUS (2)  THE
 GREATER  OF  TIERS  A  THROUGH E PLUS (3) THE COMMUNITY SCHOOLS SETASIDE
 INCREASE.
   FOR THE PURPOSES OF THIS PARAGRAPH, "FOUNDATION AID  REMAINING"  SHALL
 MEAN  THE  POSITIVE  DIFFERENCE,  IF  ANY,  OF  (1) TOTAL FOUNDATION AID
 COMPUTED PURSUANT TO THIS SUBDIVISION LESS (2) THE TOTAL FOUNDATION  AID
 BASE  COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH J OF SUBDIVI-
 SION ONE OF THIS SECTION.
   FOR THE PURPOSES OF THIS PARAGRAPH:
   (I) "TIER A" SHALL EQUAL THE PRODUCT OF THE FOUNDATION  AID  REMAINING
 MULTIPLIED BY (A) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
 OF  ONE  MILLION  OR MORE, TWENTY-SIX THOUSAND THREE HUNDRED SIXTY-SEVEN
 ONE HUNDRED-THOUSANDTHS (0.26367), (B)  FOR  CITY  SCHOOL  DISTRICTS  IN
 CITIES  WITH  POPULATIONS GREATER THAN ONE HUNDRED AND TWENTY-FIVE THOU-
 SAND BUT LESS THAN ONE MILLION, EIGHTEEN ONE-HUNDREDTHS (0.18), AND  (C)
 FOR ALL OTHER DISTRICTS, FOUR ONE-HUNDREDTHS (0.04).
   (II)  "TIER B" SHALL EQUAL THE PRODUCT OF THE FOUNDATION AID REMAINING
 MULTIPLIED BY THE TIER B PHASE-IN FACTOR, WHERE  THE  "TIER  B  PHASE-IN
 FACTOR" SHALL EQUAL THE PRODUCT OF NINE ONE-HUNDREDTHS (0.09) MULTIPLIED
 BY  THE TIER B SCALED FACTOR, AND WHERE THE "TIER B SCALED FACTOR" SHALL
 EQUAL THE DIFFERENCE OF ONE LESS THE SQUARED PRODUCT OF THE PUPIL WEALTH
 RATIO COMPUTED PURSUANT TO PARAGRAPH A  OF  SUBDIVISION  THREE  OF  THIS
 SECTION  MULTIPLIED  BY  SIXTY-FOUR ONE-HUNDREDTHS (0.64), PROVIDED THAT
 SUCH DIFFERENCE SHALL BE NO GREATER THAN NINE TENTHS (0.9) NOR LESS THAN
 ZERO.
   (III) "TIER C" SHALL EQUAL, FOR SCHOOL DISTRICTS WITH A MODIFIED FREE-
 AND REDUCED-PRICE LUNCH INDEX OF ONE AND ONE-HALF (1.5) OR GREATER,  THE
 PRODUCT  OF  PUBLIC  SCHOOL  DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO
 PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR  MULTI-
 PLIED  BY  THE  TIER C PER PUPIL AMOUNT, WHERE "TIER C PER PUPIL AMOUNT"
 SHALL EQUAL THE PRODUCT OF (A) ONE HUNDRED FORTY-EIGHT DOLLARS AND EIGH-
 TEEN CENTS ($148.18) MULTIPLIED BY (B) THE REGIONAL COST INDEX  COMPUTED
 PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH A OF THIS SUBDIVISION FOR SUCH
 SCHOOL  DISTRICT  MULTIPLIED  BY (C) THE MODIFIED FREE AND REDUCED-PRICE
 LUNCH INDEX MULTIPLIED BY (D) THE DIFFERENCE OF TWO LESS THE PRODUCT  OF
 ONE AND ONE-HALF (1.5) MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL
 FOUNDATION  AID  COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF
 SUBDIVISION THREE OF THIS SECTION, PROVIDED THAT SUCH  DIFFERENCE  SHALL
 BE  NO  GREATER THAN NINE TENTHS (0.9) NOR LESS THAN ZERO, AND WHERE THE
 "MODIFIED FREE AND REDUCED-PRICE LUNCH INDEX" SHALL EQUAL  THE  QUOTIENT
 ARRIVED  AT  WHEN DIVIDING THE THREE YEAR AVERAGE FREE AND REDUCED-PRICE
 LUNCH PERCENT FOR THE CURRENT YEAR COMPUTED PURSUANT TO PARAGRAPH  P  OF
 SUBDIVISION  ONE OF THIS SECTION OF THE SCHOOL DISTRICT BY THE STATEWIDE

 S. 7506--A                         15                         A. 9506--A
 
 AVERAGE OF SUCH PERCENT EXCLUDING ANY CITY SCHOOL  DISTRICT  IN  A  CITY
 WITH A POPULATION OF ONE MILLION OR MORE.
   (IV) "TIER D" SHALL EQUAL THE PRODUCT OF THE EXTRAORDINARY NEEDS COUNT
 COMPUTED  PURSUANT  TO  PARAGRAPH  S  OF SUBDIVISION ONE OF THIS SECTION
 MULTIPLIED BY THE TIER D PER PUPIL  AMOUNT,  WHERE  "TIER  D  PER  PUPIL
 AMOUNT"  SHALL  EQUAL THE PRODUCT OF (A) TWO HUNDRED FIVE DOLLARS ($205)
 MULTIPLIED BY (B) THE SUM OF  ONE  PLUS  THE  SPARSITY  FACTOR  COMPUTED
 PURSUANT TO PARAGRAPH R OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY
 (C)  THE  EXTRAORDINARY  NEEDS INDEX MULTIPLIED BY (D) THE TIER D SCALED
 FACTOR, WHERE THE "EXTRAORDINARY NEEDS INDEX" SHALL EQUAL  THE  QUOTIENT
 OF THE EXTRAORDINARY NEEDS PERCENT FOR THE DISTRICT COMPUTED PURSUANT TO
 PARAGRAPH  W OF SUBDIVISION ONE OF THIS SECTION DIVIDED BY THE STATEWIDE
 AVERAGE OF SUCH PERCENT, AND WHERE THE  "TIER  D  SCALED  FACTOR"  SHALL
 EQUAL  THE DIFFERENCE OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) LESS
 THE SQUARED PRODUCT OF THE PUPIL WEALTH RATIO COMPUTED PURSUANT TO PARA-
 GRAPH A OF SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY ONE AND TWEN-
 TY-FOUR ONE-HUNDREDTHS (1.24), PROVIDED THAT SUCH TIER D  SCALED  FACTOR
 SHALL NOT BE LESS THAN ZERO NOR MORE THAN ONE.
   (V) "TIER E" SHALL EQUAL THE GREATER OF THE DUE MINIMUM OR THE DIFFER-
 ENCE  OF  THE  DUE  MINIMUM  LESS THE HOLD HARMLESS, WHERE "DUE MINIMUM"
 SHALL EQUAL THE PRODUCT OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
 ANT TO SUBPARAGRAPH (III) OF PARAGRAPH J  OF  SUBDIVISION  ONE  OF  THIS
 SECTION  MULTIPLIED  BY  TWENTY-FIVE TEN-THOUSANDTHS (0.0025), AND WHERE
 THE "HOLD HARMLESS" SHALL EQUAL ADJUSTED FOUNDATION AID LESS  THE  TOTAL
 FOUNDATION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH
 J OF SUBDIVISION ONE OF THIS SECTION.
   (VI) FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR,
 "ADJUSTED  FOUNDATION  AID" SHALL EQUAL THE SUM OF THE TOTAL AMOUNTS SET
 FORTH FOR SUCH SCHOOL DISTRICT AS  "FOUNDATION  AID  PER-ADJ",  "2020-21
 EST. BOCES AID", "2020-21 COMPUTER ADMIN AID", "2020-21 CAREER EDUCATION
 AID", "2020-21 ACADEMIC IMPROVMT AID", "2020-21 HARDWARE & TECHNOL AID",
 "2020-21  SOFTWARE AID", "2020-21 LIBRARY MATERIALS AID", "2020-21 TEXT-
 BOOK AID", "2020-21  TRANSITIONAL  AID  FOR  CHARTER  SCHOOL  PAYMENTS",
 "ACADEMIC  ENHANCEMENT",  "HIGH  TAX AID", AND "SUPP PUB EXCESS COST" IN
 THE DATA FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECUTIVE
 BUDGET  REQUEST  FOR  THE  TWO  THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
 SCHOOL YEAR AND ENTITLED "BT202-1".
   (VII) "COMMUNITY SCHOOLS SETASIDE INCREASE" SHALL EQUAL THE SUM OF THE
 COMMUNITY SCHOOLS TIER 1 INCREASE  AND  THE  COMMUNITY  SCHOOLS  TIER  2
 INCREASE,  WHERE  (A) THE COMMUNITY SCHOOLS TIER 1 INCREASE SHALL EQUAL,
 FOR ELIGIBLE SCHOOL DISTRICTS, THE GREATER OF  THIRTY  THOUSAND  DOLLARS
 ($30,000)  OR  THE  PRODUCT  OF  (1)  SIXTY-SIX  DOLLARS  AND FIVE CENTS
 ($66.05) MULTIPLIED BY (2) THE  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT  AS
 COMPUTED  PURSUANT  TO  PARAGRAPH  N  OF SUBDIVISION ONE OF THIS SECTION
 MULTIPLIED BY (3) THE COMMUNITY  SCHOOLS  SETASIDE  RATIO  AND  (B)  THE
 COMMUNITY  SCHOOLS  TIER  2  INCREASE  SHALL  EQUAL, FOR ELIGIBLE SCHOOL
 DISTRICTS, THE GREATER OF TWENTY-FIVE THOUSAND DOLLARS ($25,000) OR  THE
 PRODUCT OF (1) FORTY-THREE DOLLARS AND NINETY-FOUR CENTS ($43.94) MULTI-
 PLIED  BY (2) THE PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT
 TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY (3)  THE
 COMMUNITY  SCHOOLS  SETASIDE  RATIO.  PROVIDED  FURTHER,  THE "COMMUNITY
 SCHOOLS SETASIDE RATIO" SHALL EQUAL THE DIFFERENCE OF ONE LESS THE PROD-
 UCT OF THE COMBINED WEALTH  RATIO  FOR  TOTAL  FOUNDATION  AID  COMPUTED
 PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS
 SECTION  MULTIPLIED  BY  SIXTY-FOUR ONE-HUNDREDTHS (0.64), PROVIDED THAT

 S. 7506--A                         16                         A. 9506--A
 
 SUCH DIFFERENCE SHALL NOT BE GREATER THAN NINE  TENTHS  (0.9)  NOR  LESS
 THAN ZERO.
   FOR PURPOSES OF THIS SUBPARAGRAPH, DISTRICTS ELIGIBLE FOR THE COMMUNI-
 TY  SCHOOLS TIER 1 INCREASE SHALL BE (A) THOSE DISTRICTS THAT CONTAIN AT
 LEAST ONE SCHOOL IDENTIFIED AS A  COMPREHENSIVE  SUPPORT  &  IMPROVEMENT
 (CSI)  SCHOOL IN THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL
 YEAR, OR (B) DISTRICTS WHERE (1) THE DIFFERENCE OF THE QUOTIENT  OF  THE
 ENGLISH  LANGUAGE  LEARNER  COUNT  COMPUTED  PURSUANT  TO PARAGRAPH O OF
 SUBDIVISION ONE OF THIS SECTION FOR THE  BASE  YEAR  DIVIDED  BY  PUBLIC
 SCHOOL  DISTRICT ENROLLMENT FOR THE BASE YEAR LESS SUCH QUOTIENT FOR THE
 SCHOOL YEAR FIVE YEARS PRIOR TO THE BASE YEAR IS GREATER THAN  OR  EQUAL
 TO  THE  STATEWIDE  AVERAGE OF THE DIFFERENCE OF SUCH QUOTIENTS, AND (2)
 WHERE THE QUOTIENT ARRIVED AT WHEN DIVIDING THE ENGLISH LANGUAGE LEARNER
 COUNT FOR THE BASE YEAR BY PUBLIC SCHOOL  DISTRICT  ENROLLMENT  FOR  THE
 BASE  YEAR  IS  GREATER  THAN  OR EQUAL TO THE STATEWIDE AVERAGE OF SUCH
 QUOTIENT, AND (3) WHERE THE COMBINED WEALTH RATIO FOR  TOTAL  FOUNDATION
 AID  COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION
 THREE OF THIS SECTION IS LESS THAN OR EQUAL TO ONE (1.0).
   FOR PURPOSES OF THIS SUBPARAGRAPH, DISTRICTS ELIGIBLE FOR THE COMMUNI-
 TY SCHOOLS TIER 2 INCREASE SHALL BE THOSE THAT  DID  NOT  RECEIVE  FUNDS
 UNDER  THE COMMUNITY SCHOOLS SETASIDE FOR THE TWO THOUSAND NINETEEN--TWO
 THOUSAND TWENTY SCHOOL YEAR, ARE NOT ELIGIBLE FOR THE COMMUNITY  SCHOOLS
 TIER  1  INCREASE, AND HAVE A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION
 AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF  SUBDIVISION
 THREE  OF  THIS SECTION LESS THAN OR EQUAL TO EIGHTY-FOUR ONE-HUNDREDTHS
 (0.84).
   § 12. Paragraph a of subdivision 10 of section 3602 of  the  education
 law,  as  amended  by  section 32 of part H of chapter 83 of the laws of
 2002 and such subdivision as renumbered by section 16 of part B of chap-
 ter 57 of the laws of 2007, is amended to read as follows:
   a. [The] IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR
 AND PRIOR, 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.
   §  13.  The opening paragraph of subdivision 41 of section 3602 of the
 education law, as amended by section 20 of part B of chapter 57  of  the
 laws of 2008, is amended to read as follows:
   In addition to any other apportionment under this section, for the two
 thousand  seven--two thousand eight school year [and thereafter] THROUGH
 THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY  SCHOOL  YEAR,  a  school
 district other than a city school district in a city having a population
 of  one  million  or  more  shall be eligible for an apportionment in an
 amount equal to the sum of
   § 14. Subdivision 4 of section 3602 of the education law is amended by
 adding a new paragraph c-1 to read as follows:
   C-1. FOR THE PURPOSES OF  THIS  CHAPTER,  "BOCES  PAYMENT  ADJUSTMENT"
 SHALL  MEAN  THE  TOTAL  AMOUNT  SET  FORTH  FOR SUCH SCHOOL DISTRICT AS
 "2020-21 EST. BOCES AID" IN THE DATA FILE PRODUCED BY  THE  COMMISSIONER
 IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND TWENTY-
 -TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND  ENTITLED  "BT202-1".  NOTWITH-
 STANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, FOR THE TWO THOUSAND
 TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER, OF THE TOTAL
 APPORTIONMENT PURSUANT TO THIS SUBDIVISION, AN AMOUNT EQUAL TO THE BOCES

 S. 7506--A                         17                         A. 9506--A
 
 PAYMENT ADJUSTMENT SHALL BE PAID PURSUANT TO SECTION THIRTY-SIX  HUNDRED
 NINE-D OF THIS CHAPTER.
   § 15. The opening paragraph of section 3609-d of the education law, as
 amended  by  section  20 of part L of chapter 57 of the laws of 2005, is
 amended to read as follows:
   Notwithstanding the provisions of section thirty-six hundred nine-a of
 this article, FOR SCHOOL YEARS PRIOR TO  THE  TWO  THOUSAND  TWENTY--TWO
 THOUSAND  TWENTY-ONE  SCHOOL  YEAR,  apportionments  payable pursuant to
 section nineteen hundred fifty of this chapter shall be paid pursuant to
 this section. For aid payable in the  two  thousand  four--two  thousand
 five  school  year  [and  thereafter] THROUGH TWO THOUSAND NINETEEN--TWO
 THOUSAND TWENTY SCHOOL YEAR, "moneys apportioned" shall mean the  lesser
 of  (i)  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  produced by the commissioner in support of the budget
 including the appropriation for support of boards of cooperative  educa-
 tional  services  for  payments due prior to April first for the current
 year, 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 payment to be made in the month of June  of
 two  thousand  six  such  calculation  shall  be based on the school aid
 computer listing for the current year using updated data at the time  of
 each  payment. For districts subject to chapter five hundred sixty-three
 of the laws of nineteen hundred eighty, thirty-six hundred two-b, or two
 thousand forty of this chapter, for aid  payable  in  the  two  thousand
 four--two thousand five school year and thereafter, "moneys apportioned"
 shall  mean  the  apportionment  calculated by the commissioner based on
 data on file at the time the payment is processed.  NOTWITHSTANDING  THE
 PROVISIONS OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE, FOR THE
 TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND THEREAFTER,
 APPORTIONMENTS  PAYABLE PURSUANT TO PARAGRAPH C-1 OF SUBDIVISION FOUR OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER SHALL BE PAID PURSUANT TO
 THIS SECTION. The "school aid computer listing  for  the  current  year"
 shall  be  as  defined  in  the  opening paragraph of section thirty-six
 hundred nine-a of  this  article.    The  definitions  "base  year"  and
 "current  year"  as  set  forth in subdivision one of section thirty-six
 hundred two of this article shall apply to this section.
   § 16. Subparagraph 2 of paragraph a of subdivision 6 of  section  3602
 of the education law, as amended by section 5 of part A of chapter 60 of
 the laws of 2000, is amended to read as follows:
   (2)  Where a school district has expenditures for site purchase, grad-
 ing or improvement of the site, original furnishings, equipment, machin-
 ery or apparatus, or professional fees, or other incidental  costs,  the
 cost allowances for new construction and the purchase of existing struc-
 tures  may be increased by the actual expenditures for such purposes but
 by not more than the product of the  applicable  cost  allowance  estab-
 lished  pursuant  to  subparagraph  one of this paragraph and twenty per
 centum for school buildings or additions housing grades  prekindergarten
 through  six and by not more than the product of such cost allowance and
 twenty-five per centum for school buildings or additions housing  grades
 seven  through  twelve  and  by  not  more than the product of such cost
 allowance and twenty-five per centum for school buildings  or  additions
 housing  special  education  programs  as  approved by the commissioner,
 PROVIDED THAT COMMENCING WITH PROJECTS APPROVED ON OR AFTER JULY  FIRST,
 TWO THOUSAND TWENTY BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD
 OF  EDUCATION  OF  A  CITY  SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE

 S. 7506--A                         18                         A. 9506--A
 
 HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR  THE  CHANCELLOR  IN  A
 CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE, THE AMOUNT OF THE COST ALLOWANCE THAT IS INCREASED BY THIS SUBPAR-
 AGRAPH  MAY  NOT  BE  USED  FOR SPACE THAT THE COMMISSIONER DEEMS AS NOT
 CRITICAL TO THE INSTRUCTIONAL PROGRAM,  THE  PROTECTION  OF  HEALTH  AND
 SAFETY,  OR OTHER APPROPRIATE USE OF THE FACILITIES, AS DEFINED IN REGU-
 LATIONS OF THE COMMISSIONER,  INCLUDING  BUT  NOT  LIMITED  TO  ATHLETIC
 FACILITIES  THAT  EXCEED  THE  REQUIREMENTS  NECESSARY  FOR THE PHYSICAL
 EDUCATION PROGRAM.
   § 17. Clause (ii) of subparagraph 2 of paragraph b of subdivision 6 of
 section 3602 of the education law, as amended by section 12-a of part  L
 of chapter 57 of the laws of 2005, is amended to read as follows:
   (ii)  Apportionment.  The  apportionment pursuant to this subparagraph
 shall equal the product of such eligible approved expenses determined in
 accordance with the provisions of clause (i) of  this  subparagraph  and
 this  section  and the incentive decimal computed for use in the year in
 which the project was approved. The incentive decimal  shall  equal  (A)
 FOR  PROJECTS  APPROVED  PRIOR TO JULY FIRST, TWO THOUSAND TWENTY BY THE
 VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF  EDUCATION  OF  A  CITY
 SCHOOL  DISTRICT  IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
 SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT  IN  A
 CITY  HAVING A POPULATION OF ONE MILLION OR MORE, the positive remainder
 resulting when the district's building aid ratio  selected  pursuant  to
 paragraph c of this subdivision is subtracted from the enhanced building
 aid  ratio[. The]; AND (B) FOR PROJECTS APPROVED ON OR AFTER JULY FIRST,
 TWO THOUSAND TWENTY BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD
 OF EDUCATION OF A CITY SCHOOL DISTRICT IN A  CITY  WITH  MORE  THAN  ONE
 HUNDRED  TWENTY-FIVE  THOUSAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A
 CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
 MORE  THE  POSITIVE REMAINDER RESULTING WHEN THE DISTRICT'S CURRENT YEAR
 BUILDING AID RATIO PURSUANT TO CLAUSE (D) OF SUBPARAGRAPH TWO  OF  PARA-
 GRAPH C OF THIS SUBDIVISION IS SUBTRACTED FROM THE ENHANCED BUILDING AID
 RATIO.  FOR  PURPOSES  OF  THIS  CLAUSE, THE enhanced building aid ratio
 shall equal (A) FOR PROJECTS APPROVED PRIOR TO JULY FIRST, TWO  THOUSAND
 TWENTY BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION
 OF  A  CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-
 FIVE THOUSAND INHABITANTS,  AND/OR  THE  CHANCELLOR  IN  A  CITY  SCHOOL
 DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR MORE, the sum
 of the building aid ratio selected for use in the current year  pursuant
 to  paragraph  c  of  this  subdivision and one-tenth, computed to three
 decimals without rounding, but not more than (a) ninety-eight hundredths
 for a high need school district, as defined pursuant to  regulations  of
 the  commissioner,  for  all  school  building  projects approved by the
 voters of the school district or by the board of  education  of  a  city
 school  district  in a city with more than one hundred twenty-five thou-
 sand inhabitants, and/or the chancellor in a city school district  in  a
 city having a population of one million or more, on or after July first,
 two  thousand  five,  or (b) ninety-five hundredths for any other school
 building project or school district, nor less than  one-tenth;  AND  (B)
 FOR PROJECTS APPROVED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY BY THE
 VOTERS  OF  THE  SCHOOL  DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY
 SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED  TWENTY-FIVE  THOU-
 SAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A
 CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE SUM OF THE BUILDING
 AID RATIO FOR THE CURRENT YEAR PURSUANT TO CLAUSE  (D)  OF  SUBPARAGRAPH
 TWO  OF  PARAGRAPH  C  OF THIS SUBDIVISION AND SCALED INCENTIVE DECIMAL,

 S. 7506--A                         19                         A. 9506--A
 
 COMPUTED TO THREE DECIMALS WITHOUT ROUNDING,  BUT  NOT  MORE  THAN,  (A)
 NINETY-EIGHT  HUNDREDTHS  FOR  A  HIGH  NEED SCHOOL DISTRICT, AS DEFINED
 PURSUANT TO REGULATIONS OF THE COMMISSIONER AND USED 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",  FOR  ALL  SCHOOL  BUILDING PROJECTS APPROVED BY THE
 VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF  EDUCATION  OF  A  CITY
 SCHOOL  DISTRICT  IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
 SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT  IN  A
 CITY HAVING A POPULATION OF ONE MILLION OR MORE, ON OR AFTER JULY FIRST,
 TWO  THOUSAND  FIVE,  OR (B) NINETY-FIVE HUNDREDTHS FOR ANY OTHER SCHOOL
 BUILDING PROJECT OR SCHOOL DISTRICT. FOR PURPOSES OF  THIS  CLAUSE,  THE
 SCALED  INCENTIVE  DECIMAL  SHALL  EQUAL  (A)  ONE-TENTH FOR A HIGH NEED
 SCHOOL DISTRICT, AS DEFINED PURSUANT TO REGULATIONS OF THE  COMMISSIONER
 AND USED FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSION-
 ER  IN  SUPPORT  OF  THE  ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO
 THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", FOR ALL SCHOOL  BUILD-
 ING  PROJECTS  APPROVED  BY  THE VOTERS OF THE SCHOOL DISTRICT OR BY THE
 BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY  WITH  MORE  THAN
 ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A
 CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE, ON OR AFTER JULY FIRST, TWO THOUSAND FIVE OR (B)  THE  PRODUCT  OF
 ONE-TENTH  MULTIPLIED  BY  THE  STATE SHARING RATIO COMPUTED PURSUANT TO
 PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION FOR  ALL  OTHER  SCHOOL
 DISTRICTS.
   § 18. Clauses (b) and (c) of subparagraph 2 of paragraph c of subdivi-
 sion  6  of  section 3602 of the education law, clause (b) as amended by
 section 15 of part B of chapter 57 of the laws of 2008, and  clause  (c)
 as  added  by  section 12-b of part L of chapter 57 of the laws of 2005,
 are amended and a new clause (d) is added to read as follows:
   (b) For aid payable in the school years two thousand--two thousand one
 and thereafter for all school building projects approved by  the  voters
 of  the  school  district  or by the board of education of a city school
 district in a city with  more  than  one  hundred  twenty-five  thousand
 inhabitants,  and/or  the chancellor in a city school district in a city
 having a population of one million or more, on or after July first,  two
 thousand,  AND  PRIOR  TO  JULY  FIRST,  TWO THOUSAND TWENTY, any school
 district shall compute aid under  the  provisions  of  this  subdivision
 using  the sum of the high-need supplemental building aid ratio, if any,
 computed pursuant to clause (c) of this subparagraph and the greater  of
 (i) the building aid ratio computed for use in the current year; or (ii)
 a  building  aid ratio equal to the difference of the aid ratio that was
 used or that would have been used to compute an  apportionment  pursuant
 to  this  subdivision  in the nineteen hundred ninety-nine--two thousand
 school year as such aid ratio is computed by the commissioner  based  on
 data  on  file  with the department on or before July first of the third
 school year following the school year in which  aid  is  first  payable,
 less  one-tenth; or (iii) for all such school building projects approved
 by the voters of the school district or by the board of education  of  a
 city  school  district  in a city with more than one hundred twenty-five
 thousand inhabitants, and/or the chancellor in a city school district in
 a city having a population of one million or  more,  on  or  after  July
 first,  two thousand and on or before June thirtieth, two thousand four,
 for any school district for which the pupil wealth ratio is greater than
 two and five-tenths in the school year in  which  such  school  building
 project  was  approved  by  the  voters of the school district or by the

 S. 7506--A                         20                         A. 9506--A
 
 board of education of a city school district in a city  with  more  than
 one hundred twenty-five thousand inhabitants, and/or the chancellor in a
 city  school  district  in  a city having a population of one million or
 more  and for which the alternate pupil wealth ratio is less than eight-
 y-five hundredths in such school year, and for all such school  building
 projects  approved  by the voters of the school district or by the board
 of education of a city school district in a  city  with  more  than  one
 hundred  twenty-five  thousand  inhabitants,  and/or the chancellor in a
 city school district in a city having a population  of  one  million  or
 more,  on  or  after July first, two thousand five and on or before June
 thirtieth, two thousand eight, for any school  district  for  which  the
 pupil wealth ratio was greater than two and five-tenths in the two thou-
 sand--two  thousand  one  school  year and for which the alternate pupil
 wealth ratio was less than eighty-five hundredths in the two  thousand--
 two  thousand  one  school  year,  the  additional  building  aid ratio;
 provided that, school districts who are eligible for aid under paragraph
 f of subdivision fourteen of this section  may  compute  aid  under  the
 provisions  of  this  subdivision using the difference of the highest of
 the aid ratios so computed for the reorganized district or  the  highest
 of the aid ratios so computed for any of the individual school districts
 which  existed prior to the date of the reorganized school district less
 one-tenth.
   (c) For aid payable in the school years two thousand  five--two  thou-
 sand six and thereafter for all school building projects approved by the
 voters  of  the  school  district or by the board of education of a city
 school district in a city with more than one hundred  twenty-five  thou-
 sand  inhabitants,  and/or  the  chancellor in city school district in a
 city having a population of one million or more, on or after July first,
 two thousand five, AND PRIOR TO JULY FIRST, TWO  THOUSAND  TWENTY,  high
 need school districts, as defined pursuant to regulations of the commis-
 sioner,  may  compute aid under the provisions of this subdivision using
 the high-need supplemental building aid ratio, which shall be the lesser
 of (A) the product, computed to three decimals without rounding, of  the
 greater of the building aid ratios computed pursuant to subclauses i, ii
 and  iii  of clause (b) of this subparagraph multiplied by five percent,
 or (B) the positive remainder of ninety-eight  one-hundredths  less  the
 greater of the building aid ratios computed pursuant to subclauses i, ii
 and iii of clause (b) of this subparagraph.
   (D)  FOR  AID PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO AND THEREAFTER  FOR  ALL  SCHOOL  BUILDING  PROJECTS
 APPROVED  BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCA-
 TION OF A CITY SCHOOL DISTRICT IN A CITY  WITH  MORE  THAN  ONE  HUNDRED
 TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL
 DISTRICT  IN  A  CITY  HAVING A POPULATION OF ONE MILLION OR MORE, ON OR
 AFTER JULY FIRST, TWO THOUSAND TWENTY, ANY SCHOOL DISTRICT SHALL COMPUTE
 AID UNDER THE PROVISIONS OF THIS SUBDIVISION USING THE SUM OF THE  HIGH-
 NEED  SUPPLEMENTAL  BUILDING  AID  RATIO,  IF  ANY, COMPUTED PURSUANT TO
 CLAUSE (C) OF THIS SUBPARAGRAPH AND THE BUILDING AID RATIO COMPUTED  FOR
 USE  IN  THE CURRENT YEAR, PROVIDED THAT SUCH SUM SHALL NOT BE LESS THAN
 FIVE PERCENT; FURTHER PROVIDED THAT, SCHOOL DISTRICTS WHICH ARE ELIGIBLE
 FOR AID UNDER PARAGRAPH F OF SUBDIVISION FOURTEEN OF  THIS  SECTION  MAY
 COMPUTE  AID  UNDER THE PROVISIONS OF THIS SUBDIVISION USING THE DIFFER-
 ENCE OF THE HIGHEST OF THE AID RATIOS SO COMPUTED  FOR  THE  REORGANIZED
 DISTRICT  OR  THE  HIGHEST  OF THE AID RATIOS SO COMPUTED FOR ANY OF THE
 INDIVIDUAL SCHOOL DISTRICTS WHICH EXISTED PRIOR TO THE DATE OF THE REOR-
 GANIZED SCHOOL DISTRICT.

 S. 7506--A                         21                         A. 9506--A
 
   § 19. Paragraph x 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:
   x.  (1)  "Enrollment  index"  shall be computed by dividing the public
 school enrollment for the current year by public school  enrollment  for
 the  base year, both as defined in paragraph n of this subdivision, with
 the result carried to three places without rounding.
   (2) "FIVE-YEAR RESIDENT PUBLIC-NONPUBLIC ENROLLMENT  INDEX"  SHALL  BE
 COMPUTED BY DIVIDING BY FIVE THE RESULT OBTAINED BY SUBTRACTING ONE FROM
 THE  QUOTIENT  ARRIVED  AT  WHEN DIVIDING THE SUM OF THE RESIDENT PUBLIC
 SCHOOL DISTRICT ENROLLMENT PLUS THE RESIDENT NONPUBLIC  SCHOOL  DISTRICT
 ENROLLMENT,  BOTH AS DEFINED IN PARAGRAPH N OF THIS SUBDIVISION, FOR THE
 SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR, BY THE SUM OF SUCH ENROLL-
 MENTS FOR THE SCHOOL YEAR SEVEN YEARS PRIOR TO THE BASE YEAR,  WITH  THE
 RESULT CARRIED TO THREE PLACES WITHOUT ROUNDING.
   § 20. Subdivision 3 of section 3602 of the education law is amended by
 adding a new paragraph h to read as follows:
   H.  INFLATION-ENROLLMENT  INDEX.  FOR THE TWO THOUSAND TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, THE INFLATION-ENROLLMENT
 INDEX SHALL EQUAL THE GREATER OF (1) THE CONSUMER PRICE  INDEX  COMPUTED
 PURSUANT TO PARAGRAPH HH OF SUBDIVISION ONE OF THIS SECTION, (2) THE SUM
 OF THE CONSUMER PRICE INDEX PLUS THE FIVE-YEAR RESIDENT PUBLIC-NONPUBLIC
 ENROLLMENT  INDEX  COMPUTED PURSUANT TO PARAGRAPH X OF THIS SUBDIVISION,
 OR (3) ZERO.
   § 21. Paragraphs a and b of subdivision  7  of  section  3602  of  the
 education  law,  as amended by section 17 of part B of chapter 57 of the
 laws of 2007, are amended to read as follows:
   a. In addition to the foregoing apportionment, there shall  be  appor-
 tioned  to  any  school district for pupil transportation, the lesser of
 ninety per centum or the state  share  of  its  approved  transportation
 expense  for  the  base year. The state share shall equal the sum of the
 transportation sparsity adjustment and the transportation aid ratio, but
 not less than six and one-half percent.  The  transportation  aid  ratio
 shall  equal  the  greater  of  (i)  the  product of one and two hundred
 sixty-three thousandths multiplied by the state sharing ratio,  (ii)  an
 aid ratio computed by subtracting from one and one hundredth the product
 computed  to three decimals without rounding obtained by multiplying the
 resident weighted average daily attendance  wealth  ratio  by  forty-six
 percent, where such aid ratio shall be expressed as a decimal carried to
 three  places  without  rounding,  PROVIDED THAT COMMENCING WITH THE TWO
 THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER,
 SUCH AID RATIO SHALL BE ZERO, or (iii) excluding  cities  with  a  popu-
 lation  of  more  than one million, an aid ratio computed by subtracting
 from one and one hundredth the product computed to three decimal  places
 without  rounding  obtained  by multiplying the number computed to three
 decimals without rounding obtained when the quotient of actual valuation
 of a school district, as defined in paragraph c of  subdivision  one  of
 this  section, divided by the sum of the resident public school district
 enrollment, the resident nonpublic school district  enrollment  and  the
 additional  public school enrollment of the school district for the year
 prior to the base year is divided by the statewide average actual  valu-
 ation  per the sum of such total resident public school district enroll-
 ment, nonpublic school district enrollment and additional public  school
 enrollment  of all school districts eligible for an apportionment pursu-
 ant to this section except central high school districts as computed  by
 the  commissioner using the latest single year actual valuation computed

 S. 7506--A                         22                         A. 9506--A
 
 under paragraph c of subdivision  one  of  this  section,  by  forty-six
 percent,  where  such  ratio  shall be expressed as a decimal carried to
 three decimal places without rounding. The computation of such statewide
 average  shall  include  the  actual  valuation  of all school districts
 eligible for an apportionment pursuant to this  section  except  central
 high  school  districts.  The  transportation  sparsity adjustment shall
 equal the quotient of: the positive remainder of  twenty-one  minus  the
 district's  public school enrollment for the year prior to the base year
 per square mile, divided by three  hundred  seventeen  and  eighty-eight
 hundredths.  Approved  transportation  expense  shall  be the sum of the
 approved transportation operating expense and the  approved  transporta-
 tion  capital,  debt service and lease expense of the district. Approved
 transportation expense shall not be aidable pursuant to section nineteen
 hundred fifty of this chapter.
   b. (1) For the purposes of this apportionment, approved transportation
 operating expense shall be the actual expenditure incurred by  a  school
 district  and approved by the commissioner (i) for those items of trans-
 portation operating expense allowable under subdivision one  of  section
 thirty-six  hundred  twenty-three-a  of this article for regular aidable
 transportation of pupils as such terms are defined in  sections  thirty-
 six hundred twenty-one and thirty-six hundred twenty-two-a of this arti-
 cle, and (ii) for those items of transportation operating expense allow-
 able  under subdivision one of section thirty-six hundred twenty-three-a
 of this article for the transportation required or  authorized  pursuant
 to article eighty-nine of this chapter, and (iii) for providing monitors
 on school buses for students with disabilities, and (iv) for transporta-
 tion operating expenses allowable under section thirty-six hundred twen-
 ty-three-a  of  this article for the transportation of homeless children
 authorized by paragraph c of  subdivision  four  of  section  thirty-two
 hundred  nine  of this chapter, provided that the total approved cost of
 such transportation shall not exceed the amount of the total cost of the
 most cost-effective mode of transportation.   PROVIDED THAT,  COMMENCING
 WITH  APPORTIONMENTS FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
 TY-TWO SCHOOL YEAR AND  THEREAFTER,  APPROVED  TRANSPORTATION  OPERATING
 EXPENSE  FOR  A SCHOOL DISTRICT SHALL NOT EXCEED THE LESSER OF (I) TOTAL
 APPROVED TRANSPORTATION OPERATING EXPENSE FOR THE BASE YEAR OR (II)  THE
 PRODUCT  OF  THE  TOTAL APPROVED TRANSPORTATION OPERATING EXPENSE IN THE
 YEAR PRIOR TO THE BASE YEAR MULTIPLIED BY THE SUM OF ONE PLUS THE INFLA-
 TION-ENROLLMENT INDEX COMPUTED PURSUANT TO PARAGRAPH  H  OF  SUBDIVISION
 THREE OF THIS SECTION.
   (2)  Notwithstanding  any  inconsistent provisions of this article, in
 computing the apportionment payable to a school district in a city  with
 a  population  in  excess  of  one  million inhabitants pursuant to this
 subdivision, approved transportation expense for public  service  trans-
 portation shall not include any expenditures to the New York City Metro-
 politan  Transportation  Authority for public service transportation nor
 shall such expense be included in approved operating expense.
   § 22. Subdivision 16 of section  3602-ee  of  the  education  law,  as
 amended  by section 19 of part YYY of chapter 59 of the laws of 2019, is
 amended to read as follows:
   16. The authority of the department to administer the universal  full-
 day  pre-kindergarten  program shall expire June thirtieth, two thousand
 [twenty] TWENTY-ONE; provided that the program shall continue and remain
 in full effect.

 S. 7506--A                         23                         A. 9506--A
 
   § 23. Paragraph a of subdivision 5 of section 3604  of  the  education
 law,  as  amended by chapter 161 of the laws of 2005, is amended to read
 as follows:
   a. State aid adjustments. All errors or omissions in the apportionment
 shall  be  corrected by the commissioner. Whenever a school district has
 been apportioned less money than that  to  which  it  is  entitled,  the
 commissioner may allot to such district the balance to which it is enti-
 tled.  Whenever  a  school district has been apportioned more money than
 that to which it is entitled, the commissioner may, by an order,  direct
 such  moneys  to be paid back to the state to be credited to the general
 fund local assistance account for state  aid  to  the  schools,  or  may
 deduct  such  amount  from  the  next  apportionment  to be made to said
 district, provided, however, that, upon notification of excess  payments
 of  aid for which a recovery must be made by the state through deduction
 of future aid payments, a school district may request that  such  excess
 payments  be  recovered  by  deducting  such  excess  payments  from the
 payments due to such school district and payable in the month of June in
 (i) the school year in which such notification was received and (ii) the
 two succeeding school years, provided further that  there  shall  be  no
 interest  penalty  assessed  against  such  district or collected by the
 state. Such request shall be made to the commissioner in  such  form  as
 the  commissioner  shall  prescribe, and shall be based on documentation
 that the total amount to be recovered is in excess of one percent of the
 district's total general fund  expenditures  for  the  preceding  school
 year.  The  amount to be deducted in the first year shall be the greater
 of (i) the sum of the amount of such excess payments that is  recognized
 as  a liability due to other governments by the district for the preced-
 ing school year and the positive remainder of the district's  unreserved
 fund  balance at the close of the preceding school year less the product
 of the district's total general  fund  expenditures  for  the  preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments.  The amount to be recovered in the second year shall equal the
 lesser of the remaining amount of such excess payments to  be  recovered
 or  one-third  of such excess payments, and the remaining amount of such
 excess payments shall be recovered in the third year.  Provided  further
 that,  notwithstanding  any  other  provisions  of this subdivision, any
 pending payment of moneys due to such district as a prior  year  adjust-
 ment  payable pursuant to paragraph c of this subdivision for aid claims
 that had been previously paid as current year aid payments in excess  of
 the  amount  to which the district is entitled and for which recovery of
 excess payments is to be made  pursuant  to  this  paragraph,  shall  be
 reduced  at  the  time  of  actual  payment by any remaining unrecovered
 balance of such excess payments, and the remaining scheduled  deductions
 of  such  excess payments pursuant to this paragraph shall be reduced by
 the commissioner to reflect the amount so recovered.  [The  commissioner
 shall certify no payment to a school district based on a claim submitted
 later  than three years after the close of the school year in which such
 payment was first to be made.  For claims for which payment is first  to
 be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
 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] PRIOR TO THE TWO THOUSAND  NINETEEN-
 -TWO  THOUSAND  TWENTY  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.  FOR CLAIMS FOR

 S. 7506--A                         24                         A. 9506--A
 
 WHICH PAYMENT IS FIRST TO BE MADE  IN  THE  TWO  THOUSAND  NINETEEN--TWO
 THOUSAND  TWENTY  SCHOOL  YEAR  AND  THEREAFTER,  THE COMMISSIONER SHALL
 CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER
 THAN  THE  FIRST  OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no
 payments shall be barred or reduced where such payment is required as  a
 result  of  a  final  audit  of the state. [It is further provided that,
 until June thirtieth, nineteen hundred ninety-six, the commissioner  may
 grant  a  waiver  from  the  provisions  of  this section for any school
 district if it is in the best  educational  interests  of  the  district
 pursuant to guidelines developed by the commissioner and approved by the
 director  of  the  budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
 PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN  HUNDRED  ELEVEN,
 SEVEN  HUNDRED  FIFTY-ONE,  SEVEN  HUNDRED FIFTY-THREE, NINETEEN HUNDRED
 FIFTY, THIRTY-SIX HUNDRED  TWO,  THIRTY-SIX  HUNDRED  TWO-B,  THIRTY-SIX
 HUNDRED  TWO-C,  THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
 THIS CHAPTER FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY AND  TWO
 THOUSAND  TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEARS, THE COMMISSIONER
 SHALL CERTIFY NO PAYMENT TO  A  SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS
 PURSUANT  TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION
 THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE  PAYMENT  COMPUTED
 BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
 LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
 REQUEST SUBMITTED FOR THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWENTY-ONE
 STATE  FISCAL YEAR AND ENTITLED "BT202-1", AND FURTHER PROVIDED THAT FOR
 ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS THIRTY-SIX HUNDRED TWO,
 THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C,  THIRTY-SIX  HUNDRED
 TWO-E  AND  FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND
 TWENTY-ONE--TWO THOUSAND TWENTY-TWO  SCHOOL  YEAR  AND  THEREAFTER,  THE
 COMMISSIONER  SHALL  CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN
 PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS  OF  THE  PAYMENT
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
 TIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL  YEAR  IN  WHICH  THE
 SCHOOL YEAR COMMENCES.
   § 24. The opening paragraph of section 3609-a of the education law, as
 amended  by section 21 of part YYY of chapter 59 of the laws of 2019, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year through the two thousand nineteen--two thousand twenty 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  subdi-
 vision  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

 S. 7506--A                         25                         A. 9506--A
 
 subdivision five of section ninety-seven-nnnn of the state finance  law,
 less any grants provided pursuant to subdivision twelve of section thir-
 ty-six  hundred  forty-one  of  this  article, or (ii) the apportionment
 calculated  by  the  commissioner  based on data on file at the time the
 payment is processed; provided however, that for  the  purposes  of  any
 payments  made  pursuant to this section prior to the first business day
 of June of the current year, moneys apportioned shall  not  include  any
 aids  payable  pursuant to subdivisions six and fourteen, if applicable,
 of section thirty-six hundred two of this part as current year  aid  for
 debt service on bond anticipation notes and/or bonds first issued in the
 current  year  or  any  aids  payable  for full-day kindergarten for the
 current year pursuant to subdivision nine of section thirty-six  hundred
 two  of  this part. The definitions of "base year" and "current year" as
 set forth in subdivision one of section thirty-six hundred two  of  this
 part  shall  apply to this section.[ For aid payable in the two thousand
 nineteen--two thousand twenty school year, reference to such "school aid
 computer listing for the current year" shall mean the printouts entitled
 "SA192-0".] FOR AID PAYABLE IN THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND
 TWENTY-ONE  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 TWENTY--TWO THOU-
 SAND TWENTY-ONE SCHOOL YEAR, REFERENCE  TO  SUCH  "SCHOOL  AID  COMPUTER
 LISTING  FOR  THE  CURRENT  YEAR"  SHALL  MEAN  THE  PRINTOUTS  ENTITLED
 "BT202-1".
   § 25. 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

 S. 7506--A                         26                         A. 9506--A
 
 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
 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.
   § 26. 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

 S. 7506--A                         27                         A. 9506--A
 
 public  school  to  a  charter  school, or the renewal or extension of a
 charter approved by any charter entity, OR THE REISSUANCE OF  A  SURREN-
 DERED,  REVOKED OR TERMINATED CHARTER PURSUANT TO PARAGRAPH (B) OR (B-1)
 OF  THIS  SUBDIVISION  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.
   (B-1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A  CHARTER
 THAT  HAS  BEEN SURRENDERED, REVOKED OR TERMINATED AFTER JULY FIRST, TWO
 THOUSAND FIFTEEN, INCLUDING A CHARTER  THAT  HAS  NOT  BEEN  RENEWED  BY
 ACTION  OF ITS CHARTER ENTITY, MAY BE REISSUED PURSUANT TO PARAGRAPH (A)
 OF THIS SUBDIVISION BY THE BOARD  OF  REGENTS  EITHER  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  COMPET-
 ITIVE  PROCESS  IN  ACCORDANCE  WITH SUBDIVISION NINE-A OF THIS SECTION.
 PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD THE  NUMERICAL
 LIMITS ESTABLISHED BY THIS SUBDIVISION.
   (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) 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] SUBPART A OF PART B OF chapter TWENTY of
 the laws of two thousand fifteen [which added this paragraph].
   § 27. Subdivisions 1 and 3 of section 801 of  the  education  law,  as
 amended  by  chapter  574  of  the  laws of 1997, are amended to read as
 follows:
   1. In order to promote a spirit of patriotic  and  civic  service  and
 obligation  and  to foster in the children of the state moral and intel-
 lectual qualities which are essential in preparing  to  meet  the  obli-
 gations of citizenship in peace or in war, the regents of The University
 of  the  State  of  New  York  shall prescribe courses of instruction in
 patriotism, citizenship, and human rights issues, with particular atten-
 tion to the study of the inhumanity of genocide, slavery (including  the
 freedom  trail and underground railroad), the Holocaust, CIVIC EDUCATION
 AND VALUES, OUR SHARED HISTORY OF DIVERSITY, THE ROLE OF RELIGIOUS FREE-
 DOM IN THIS COUNTRY, and the mass starvation in  Ireland  from  1845  to
 1850, to be maintained and followed in all the schools of the state. The
 boards  of  education  and  trustees  of  the  several cities and school
 districts of the state shall require instruction to  be  given  in  such

 S. 7506--A                         28                         A. 9506--A
 
 courses,  by  the  teachers  employed in the schools therein. All pupils
 attending such schools, over the age of eight years, shall  attend  upon
 such instruction.
   Similar  courses  of instruction shall be prescribed and maintained in
 private schools in the state, and all pupils in such schools over  eight
 years  of age shall attend upon such courses. If such courses are not so
 established and maintained in a private school, attendance upon instruc-
 tion in such school shall not  be  deemed  substantially  equivalent  to
 instruction  given  to  pupils  of like age in the public schools of the
 city or district in which such pupils reside.
   3. The regents shall determine the subjects to  be  included  in  such
 courses  of  instruction  in  patriotism,  citizenship, and human rights
 issues, with particular attention to the  study  of  the  inhumanity  of
 genocide,  slavery  (including  the  freedom trail and underground rail-
 road), the Holocaust, CIVIC EDUCATION AND VALUES, OUR SHARED HISTORY  OF
 DIVERSITY,  THE  ROLE OF RELIGIOUS FREEDOM IN THIS COUNTRY, and the mass
 starvation in Ireland from 1845 to 1850, and in  the  history,  meaning,
 significance  and  effect  of  the provisions of the constitution of the
 United States, the amendments thereto, the declaration of  independence,
 the  constitution  of  the state of New York and the amendments thereto,
 and the period of instruction in each of the grades  in  such  subjects.
 They  shall  adopt  rules providing for attendance upon such instruction
 and for such other matters as are required for carrying into effect  the
 objects  and purposes of this section. The commissioner shall be respon-
 sible for the  enforcement  of  such  section  and  shall  cause  to  be
 inspected  and  supervise  the instruction to be given in such subjects.
 The commissioner may, in his discretion, cause all or a portion  of  the
 public  school money to be apportioned to a district or city to be with-
 held for failure of the school authorities of such district or  city  to
 provide  instruction  in such courses and to compel attendance upon such
 instruction, as herein prescribed, and for  a  non-compliance  with  the
 rules of the regents adopted as herein provided.
   §  28.  Section 2590-h of the education law is amended by adding a new
 subdivision 55 to read as follows:
   55. ENSURE THAT ALL STUDENTS IN THE CITY DISTRICT, THE CHARTER SCHOOLS
 IN THE CITY OF NEW YORK AUTHORIZED BY ARTICLE FIFTY-SIX OF THIS CHAPTER,
 AND THE NONPUBLIC SCHOOLS IN THE CITY OF NEW YORK PROVIDING  INSTRUCTION
 IN  ACCORDANCE  WITH SECTION THIRTY-TWO HUNDRED FOUR OF THIS CHAPTER, AS
 PART OF THE INSTRUCTION IN  THE  HOLOCAUST  PURSUANT  TO  SECTION  EIGHT
 HUNDRED ONE OF THIS CHAPTER, SHALL VISIT SITES WHICH EDUCATE ABOUT THESE
 HISTORICAL EVENTS INCLUDING, BUT NOT LIMITED TO, A HOLOCAUST MUSEUM.
   §  29.  Section  3609-h of the education law, as added by section 7 of
 part A of chapter 56 of the laws of 2015, is amended to read as follows:
   § 3609-h. Moneys apportioned to school districts for commercial gaming
 grants pursuant to subdivision six of section ninety-seven-nnnn  of  the
 state finance law, when and how payable commencing July first, two thou-
 sand  fourteen.  Notwithstanding  the  provisions  of section thirty-six
 hundred nine-a of this part, apportionments payable pursuant to subdivi-
 sion six of section ninety-seven-nnnn of the state finance law shall  be
 paid  pursuant  to  this  section.  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.
   1.  The  moneys  apportioned  by  the commissioner to school districts
 pursuant to subdivision six of section ninety-seven-nnnn  of  the  state
 finance  law  for  the two thousand fourteen-two thousand fifteen school

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 year and thereafter shall be paid  as  a  commercial  gaming  grant,  as
 computed pursuant to such subdivision, as follows:
   a.  For  the  two thousand fourteen--two thousand fifteen school year,
 one hundred percent of such grant shall be paid on the same date as  the
 payment  computed  pursuant to clause (v) of subparagraph three of para-
 graph b of subdivision one of section thirty-six hundred nine-a of  this
 article.
   b. For the two thousand fifteen--two thousand sixteen school year [and
 thereafter]  THROUGH  THE  TWO  THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
 SCHOOL YEAR, seventy percent of such grant shall be  paid  on  the  same
 date  as  the  payment  computed pursuant to clause (ii) of subparagraph
 three of paragraph b of subdivision one of  section  thirty-six  hundred
 nine-a  of  this article, and thirty percent of such grant shall be paid
 on the same date as the payment  computed  pursuant  to  clause  (v)  of
 subparagraph  three of paragraph b of subdivision one of section thirty-
 six hundred nine-a of this article.
   C. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR  AND
 THEREAFTER,  ONE HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME
 DATE AS THE PAYMENT COMPUTED PURSUANT TO  CLAUSE  (II)  OF  SUBPARAGRAPH
 THREE  OF  PARAGRAPH  B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
 NINE-A OF THIS ARTICLE.
   2. Any payment to a school district pursuant to this section shall  be
 general  receipts of the district and may be used for any lawful purpose
 of the district.
   § 30. 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
 35  of part YYY of chapter 59 of the laws of 2019, is amended to read as
 follows:
   b. Reimbursement for programs approved in accordance with  subdivision
 a  of  this section for the 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,
 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 ninety-five cents per contact hour, [and] reimbursement
 for the 2019--2020 school year shall not  exceed  57.7  percent  of  the
 lesser  of  such  approvable  costs  per contact hour or fifteen dollars
 sixty cents per contact hour, AND REIMBURSEMENT FOR THE  2020-21  SCHOOL
 YEAR  SHALL  NOT  EXCEED  56.9  PERCENT OF THE LESSER OF SUCH APPROVABLE
 COSTS PER CONTACT HOUR OR SIXTEEN  DOLLARS  AND  TWENTY-FIVE  CENTS  PER
 CONTACT  HOUR, where a contact hour represents sixty minutes of instruc-
 tion services provided to an eligible adult.  Notwithstanding any  other
 provision  of  law  to the contrary, 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  four  hundred
 sixty-three thousand nine hundred sixty-three (1,463,963); [and] for the
 2019--2020  school  year such contact hours shall not exceed one million
 four hundred forty-four thousand four  hundred  forty-four  (1,444,444);
 AND  FOR THE 2020-21 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE
 MILLION TWO HUNDRED FORTY-FOUR THOUSAND AND  FIVE  HUNDRED  AND  EIGHTY-
 EIGHT  (1,244,588).    Notwithstanding any other provision of law to the
 contrary, the apportionment calculated for the city school  district  of
 the  city  of New York pursuant to subdivision 11 of section 3602 of the
 education law shall be computed as if such contact hours provided by the

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 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.
   §  31. 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 y to read as follows:
   Y. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION  OF PAYMENTS FOR THE 2020-21 SCHOOL YEAR. NOTWITHSTANDING ANY
 INCONSISTENT PROVISIONS OF LAW,  THE  COMMISSIONER  OF  EDUCATION  SHALL
 WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
 AND  SHALL  NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
 ($11,500,000).
   § 32. 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 37 of part  YYY
 of chapter 59 of the laws of 2019, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed on June 30, [2020] 2021.
   § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating to certain provisions related to the 1994-95 state  operations,
 aid to localities, capital projects and debt service budgets, as amended
 by  section 32 of part CCC of chapter 59 of the laws of 2018, 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, [2020] 2022.
   §  34.  Section  12  of  chapter 147 of the laws of 2001, amending the
 education law relating to conditional appointment  of  school  district,
 charter  school or BOCES employees, as amended by section 39 of part YYY
 of chapter 59 of the laws of 2019, 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, [2020] 2021 when
 upon such date the provisions of this act shall be deemed repealed.
   §  35.  Section  4  of  chapter  425 of the laws of 2002, amending the
 education law relating to  the  provision  of  supplemental  educational
 services,  attendance  at  a  safe  public  school and the suspension of
 pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
 amended  by section 40 of part YYY of chapter 59 of the laws of 2019, is
 amended to read as follows:
   § 4. This act shall take effect July 1, 2002 and section one  of  this
 act  shall expire and be deemed repealed June 30, 2019, and sections two

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 and three of this act shall expire and be deemed repealed  on  June  30,
 [2020] 2021.
   §  36.  Section  5  of  chapter  101 of the laws of 2003, amending the
 education law relating to implementation of the No Child Left Behind Act
 of 2001, as amended by section 41 of part YYY of chapter 59 of the  laws
 of 2019, 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, [2020] 2021.
   § 37. Subdivision 11 of section 94 of part C of chapter 57 of the laws
 of  2004, relating to the support of education, as amended by section 58
 of part YYY of chapter 59 of the laws of 2017, is  amended  to  read  as
 follows:
   11.  section  seventy-one  of  this  act  shall  expire  and be deemed
 repealed June 30, [2020] 2023;
   § 38. School bus driver training. In addition to apportionments other-
 wise provided by section 3602 of the education law, for aid  payable  in
 the  2020-2021 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.
   §  39.  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 2021 and not later than the last  day  of  the  third  full
 business week of June 2021, 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, 2021, for salary expenses incurred between April 1 and
 June 30, 2020 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

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 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
 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.
   §  40. 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, 2021, 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, 2021 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

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 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
 section 3609-a of the education law in the  school  year  following  the
 year in which application was made.
   c.  Notwithstanding  the provisions of section 3609-a of the education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions a and b of this section shall first be  deducted  from  the
 following  payments  due  the  school  district  during  the school year
 following the year in which application was made  pursuant  to  subpara-
 graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
 section 3609-a of the education law in the following order: the  lottery
 apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of such paragraph and then followed by the district's  payments  to  the
 teachers'  retirement  system pursuant to subparagraph (1) of such para-
 graph, and any remainder to be deducted from the individualized payments
 due the district pursuant to paragraph b of such  subdivision  shall  be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 41. Notwithstanding the provision of any law, rule, or regulation to
 the  contrary,  the  city school district of the city of Rochester, upon
 the consent of the board of  cooperative  educational  services  of  the
 supervisory  district  serving  its  geographic region may purchase from
 such board for the 2020--2021 school year,  as  a  non-component  school
 district, services required by article 19 of the education law.
   §  42. The amounts specified in this section shall be a set-aside from
 the state funds which each such district is  receiving  from  the  total
 foundation aid:
   a.  for the development, maintenance or expansion of magnet schools or
 magnet school programs for the 2020--2021  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
 Newburgh city school district, four million six hundred forty-five thou-
 sand dollars ($4,645,000); for the Poughkeepsie  city  school  district,
 two million four hundred seventy-five thousand dollars ($2,475,000); for
 the Mount Vernon city school district, two million dollars ($2,000,000);
 for  the New Rochelle city school district, one million four hundred ten
 thousand dollars ($1,410,000); for the Schenectady city school district,
 one million eight hundred thousand dollars ($1,800,000);  for  the  Port
 Chester  city  school  district,  one million one hundred fifty thousand
 dollars ($1,150,000); for the White Plains city  school  district,  nine
 hundred  thousand  dollars ($900,000); for the Niagara Falls city school
 district, six hundred thousand dollars ($600,000); for the  Albany  city
 school  district,  three  million  five  hundred  fifty thousand dollars
 ($3,550,000); for the Utica city school district,  two  million  dollars
 ($2,000,000);  for  the Beacon city school district, five hundred sixty-
 six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
 district,  four  hundred  thousand  dollars ($400,000); for the Freeport
 union free school district, four hundred  thousand  dollars  ($400,000);
 for  the  Greenburgh  central  school  district,  three hundred thousand

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 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
 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 2020--2021 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
 2020--2021  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 2020--2021 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.
   § 43. Support of public libraries. The  moneys  appropriated  for  the
 support  of  public  libraries by a chapter of the laws of 2020 enacting
 the aid to localities budget shall  be  apportioned  for  the  2020-2021
 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

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 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 2020-2021
 by a chapter of the laws of 2020 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.
   § 44. 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.
   §  45.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2020, provided,
 however, that:
   1. sections one, two, three, four, five, six, seven, eight, nine, ten,
 eleven, twelve, thirteen, fourteen, fifteen, sixteen,  seventeen,  eigh-
 teen,  nineteen,  twenty,  twenty-one, twenty-two, twenty-three, twenty-
 four, twenty-seven, thirty-eight, forty-one and forty-two  of  this  act
 shall take effect July 1, 2020;
   2.  the  amendments  to  section  2590-h  of the education law made by
 section twenty-eight of this act shall not  affect  the  expiration  and
 reversion of such section and shall expire and be deemed repealed there-
 with;
   3.  section  twenty-nine  of  this act shall be deemed to have been in
 full force and effect on and after April 1, 2019; and
   4. the amendments to chapter 756 of the  laws  of  1992,  relating  to
 funding a program for work force education conducted by a consortium for
 worker education in New York city made by sections thirty and thirty-one
 of  this  act  shall  not affect the repeal of such chapter and shall be
 deemed repealed therewith.
 
                                  PART B

   Section 1. Legislative intent. The purpose of this act is to establish
 the Syracuse  Comprehensive  Education  and  Workforce  Training  Center
 focusing  on  Science, Technology, Engineering, Arts, and Math. The high
 school and center shall provide a high school course of instruction  for
 grades nine through twelve, dedicated to providing expanded learning and
 job  training  opportunities to students residing in the Onondaga, Cort-

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 land and Madison county board of cooperative educational services region
 and central New York, in the areas of science, technology,  engineering,
 arts and mathematics as well as the core academic areas required for the
 issuance  of high school diplomas in accordance with the rules and regu-
 lations promulgated by the board  of  regents.  The  legislature  hereby
 finds  and  declares that the establishment of the school is a necessary
 component to the development of the greater central New York  region  of
 New  York  state  and  a necessary link to fostering the development and
 advancement of the arts and  emerging  technologies.  This  school  will
 advance  the interests of the central New York region and New York state
 by engaging students in rigorous and enriching  educational  experiences
 focused  on  the  arts and emerging technologies, project-based learning
 and collaboration and by providing that experience within the context of
 a business and learning community for the purpose of directly connecting
 student learning with real world experience in  the  arts  and  advanced
 technical  facilities.  It is expressly found that the establishment and
 operation of such school pursuant to this act is a public purpose.
   § 2. Establishment of the Syracuse Comprehensive Education  and  Work-
 force  Training  Center.    1.  The Syracuse Comprehensive Education and
 Workforce Training Center may be established by the board  of  education
 of  the  Syracuse  city  school  district  pursuant  to this section for
 students in grades nine through twelve.
   2. Such school shall be governed by the  board  of  education  of  the
 Syracuse  city school district. The school shall be subject to all laws,
 rules and regulations which are  applicable  to  a  public  high  school
 unless  otherwise  provided for in this act. The school shall be subject
 to the oversight of the board of regents and the program shall be audit-
 ed in a manner consistent with provisions of law  and  regulations  that
 are applicable to other public schools.
   3.  The  board of education of the Syracuse city school district shall
 have the responsibility for the operation, supervision  and  maintenance
 of  the  school  and  shall be responsible for the administration of the
 school, including curriculum,  grading,  discipline  and  staffing.  The
 Syracuse  Comprehensive  Education  and  Workforce Training Center shall
 also partner with a certified institution of higher education  to  offer
 an  early college high school program. The Syracuse Comprehensive Educa-
 tion and Workforce Training Center shall also partner with  a  certified
 institution  of  higher  education  to offer apprenticeship training and
 programs. The Syracuse Comprehensive Education  and  Workforce  Training
 Center  shall  also partner with the State University of New York Empire
 State College to ensure that there are career  connection  programs  and
 opportunities  including,  but not limited to, workforce preparation and
 training, industry certifications  and  credentials  including  advanced
 technical  certifications  and  high  school  equivalency  programs, and
 education opportunity center programs.  The State University of New York
 Empire State College may also partner with the New York State Department
 of Labor.  The Syracuse Comprehensive Education and  Workforce  Training
 Center  is  also authorized to partner with other local entities includ-
 ing, but not limited to, businesses, non-profit organizations, state and
 local governments, and other organizations focused on closing the skills
 gap and increasing  employment  opportunities  through  training.  These
 programs shall be available to students as well as members of the commu-
 nity.
   4.  The  board of education of the Syracuse city school district shall
 be authorized to enter into contracts  as  necessary  or  convenient  to
 operate such school.

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   5.  Students  attending  such  school shall continue to be enrolled in
 their school district of residence. The Syracuse  city  school  district
 shall  be  responsible  for  the  issuance  of  a high school diploma to
 students who attended the school  based  on  such  students'  successful
 completion of the school's educational program.
   6.  For  purposes  of  all state aid calculations made pursuant to the
 education law, students attending  such  school  shall  continue  to  be
 treated and counted as students of their school district of residence.
   7.  The  public  school  district  of  residence shall be obligated to
 provide transportation,  without  regard  to  any  mileage  limitations,
 provided  however,  for  aid reimbursements pursuant to subdivision 7 of
 section 3602 of the education law, expenses associated with  the  trans-
 portation  of  students to and from the Syracuse Comprehensive Education
 and Workforce Training Center up to a distance of thirty miles shall  be
 included.
   8. It shall be the duty of the student's district of residence to make
 payments  as  calculated in this act directly to the school district for
 each student enrolled in the school.  No costs shall be  apportioned  to
 school districts that elect not to participate in such school.
   9.  The  trustees  or  the board of education of a school district may
 enter into a memorandum of understanding with the board of education  of
 the  Syracuse city school district to participate in such school program
 for a period not to exceed five years upon such terms as  such  trustees
 or  board  of  education and the board of education of the Syracuse city
 school district may mutually agree.   Such memorandum  of  understanding
 shall  set  forth a methodology for the calculation of per pupil tuition
 costs that shall be subject to review and approval by the commissioner.
   10. Any student eligible for enrollment in grades nine through  twelve
 of  a public school entering into a memorandum of understanding with the
 board of education of  the  Syracuse  city  school  district  to  enroll
 students  in the Syracuse Comprehensive Education and Workforce Training
 Center shall be eligible for admission to the high school. To the extent
 that the number of qualified applicants may exceed the number of  avail-
 able  spaces,  the  school  shall  grant admission on a random selection
 basis, provided that an  enrollment  preference  shall  be  provided  to
 pupils  returning  to  the  high  school in the second or any subsequent
 year. The criteria for admission shall not be limited based on intellec-
 tual ability, measures of academic  achievement  or  aptitude,  athletic
 aptitude,  disability,  race,  creed, gender, national origin, religion,
 ancestry, or location of residence. The high school shall determine  the
 tentative  enrollment  roster,  notify the parents, or those in parental
 relations to those students, and the resident school district  by  April
 first  of the school year preceding the school year for which the admis-
 sion is granted.
   11. Notwithstanding any other provision of law to  the  contrary,  the
 Syracuse city school district is authorized to transfer ownership of the
 Syracuse  Comprehensive  Education  and Workforce Training Center to the
 county of Onondaga and the county of Onondaga is  authorized  to  assume
 such  ownership  and  to  enter  into a lease for such facility with the
 Syracuse city school district. The county of Onondaga may  contract  for
 indebtedness  to  renovate such facility and any related financing shall
 be deemed a county purpose. The county of Onondaga shall transfer owner-
 ship of the Syracuse  Comprehensive  Education  and  Workforce  Training
 Center to the city of Syracuse upon the expiration of the lease.
   12.  Notwithstanding  any  other provision of law to the contrary, the
 county of Onondaga shall submit estimated project costs  for  the  reno-

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 vation  and  equipping of the Syracuse Comprehensive Education and Work-
 force Training Center after the completion of schematic plans and  spec-
 ifications  for  review  by  the commissioner of education. If the total
 project  costs  associated  with  such  project exceed the approved cost
 allowance of such building project pursuant to  section  three  of  this
 act,  and  the county has not otherwise demonstrated to the satisfaction
 of the New York state department of education the availability of  addi-
 tional  local  shares  for  such  excess costs from the city of Syracuse
 and/or the Syracuse city school district,  then  the  county  shall  not
 proceed  with the preparation of final plans and specifications for such
 project until the project has been  redesigned  or  value-engineered  to
 reduce  estimated  project  costs  so  as  not  to exceed the above cost
 limits.
   13. Notwithstanding any other provision of law to  the  contrary,  the
 county  of  Onondaga  shall submit estimated project costs for the reno-
 vation and equipping of the Syracuse Comprehensive  Education  Workforce
 and  Training  Center after the completion of fifty percent of the final
 plans and specifications for review by the commissioner of education. If
 the total project costs associated with such project exceed the approved
 cost allowance of such building project pursuant  to  section  three  of
 this act, and the county has not otherwise demonstrated to the satisfac-
 tion  of  the New York state department of education the availability of
 additional local share for such excess costs from the city  of  Syracuse
 and/or  the  Syracuse  city  school  district, then the county shall not
 proceed with the completion of the remaining fifty percent of the  plans
 and  specifications  for  such  project until the project has been rede-
 signed or value-engineered to reduce estimated project costs  so  as  to
 not exceed the above cost limits.
   § 3. 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 THE RENOVATION AND EQUIP-
 PING OF THE SYRACUSE  COMPREHENSIVE  EDUCATION  AND  WORKFORCE  TRAINING
 CENTER AUTHORIZED FOR OPERATION BY THE SYRACUSE CITY SCHOOL DISTRICT THE
 BUILDING AID UNITS ASSIGNED TO THIS PROJECT SHALL REFLECT A BUILDING AID
 ENROLLMENT  OF  ONE THOUSAND STUDENTS AND MULTI-YEAR COST ALLOWANCES FOR
 THE PROJECT SHALL BE ESTABLISHED AND UTILIZED TWO  TIMES  IN  THE  FIRST
 FIVE-YEAR  PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE ESTAB-
 LISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM
 COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
   § 4. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Definitions. As used in this act:
   (a) "Commissioner" shall mean the commissioner of education;
   (b) "Department" shall mean the state education department;
   (c) "Board of education" or "board" shall mean the board of  education
 of the Rochester city school district;
   (d)  "School  district"  or  "district"  shall mean the Rochester city
 school district;
   (e) "Superintendent" shall mean the superintendent  of  the  Rochester
 city school district;
   (f)  "Relatives"  shall  mean  a  Rochester city school district board
 member's spouse, domestic partner, child, stepchild, stepparent, or  any

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 person who is a direct descendant of the grandparents of a current board
 member or a board member's spouse or domestic partner;
   (g) "Mayor" shall mean the mayor of the city of Rochester; and
   (h) "City" shall mean the city of Rochester.
   §  2.  Appointment  of a monitor. The commissioner and the mayor shall
 jointly appoint one monitor to provide oversight, guidance and technical
 assistance related to the educational and  fiscal  policies,  practices,
 programs  and  decisions  of the school district, the board of education
 and the superintendent.
   1. The monitor, to the extent practicable, shall  have  experience  in
 school district finances and one or more of the following areas:
   (a) elementary and secondary education;
   (b) the operation of school districts in New York;
   (c) educating students with disabilities; and
   (d) educating English language learners.
   2. The monitor shall be a non-voting ex-officio member of the board of
 education.  The  monitor  shall  be an individual who is not a resident,
 employee of the school district or relative of a  board  member  of  the
 school district at the time of his or her appointment.
   3. The reasonable and necessary expenses incurred by the monitor while
 performing  his  or  her  official  duties  shall  be paid by the school
 district.  Notwithstanding any other provision of law, the monitor shall
 be entitled to defense and indemnification by the school district to the
 same extent as a school district employee.
   § 3. Meetings. 1. The monitor shall be entitled to attend all meetings
 of the board, including executive sessions; provided however, such moni-
 tor shall not be considered for purposes of establishing a quorum of the
 board. The school  district  shall  fully  cooperate  with  the  monitor
 including, but not limited to, providing such monitor with access to any
 necessary  documents  and  records  of  the district including access to
 electronic  information  systems,  databases  and  planning   documents,
 consistent with all applicable state and federal statutes including, but
 not  limited  to,  Family  Education  Rights and Privacy Act (FERPA) (20
 U.S.C. § 1232g) and section 2-d of the education law.
   2. The board, in consultation with the monitor, shall adopt a conflict
 of interest policy that complies  with  all  existing  applicable  laws,
 rules  and regulations that ensures its board members and administration
 act in the school district's best interest and  comply  with  applicable
 legal  requirements.  The conflict of interest policy shall include, but
 not be limited to:
   (a) a definition of the circumstances that constitute  a  conflict  of
 interest;
   (b) procedures for disclosing a conflict of interest to the board;
   (c) a requirement that the person with the conflict of interest not be
 present  at or participate in board deliberations or votes on the matter
 giving rise to such conflict, provided that nothing in this  subdivision
 shall  prohibit  the  board  from  requesting  that  the person with the
 conflict of interest present information as background or  answer  ques-
 tions  at  a board meeting prior to the commencement of deliberations or
 voting relating thereto;
   (d) a prohibition against any attempt by the person with the  conflict
 to  influence improperly the deliberation or voting on the matter giving
 rise to such conflict; and
   (e) a requirement that the existence and resolution of the conflict be
 documented in the board's records, including in the minutes of any meet-
 ing at which the conflict was discussed or voted upon.

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   § 4. Public hearings. 1. The monitor shall schedule three public hear-
 ings to be held within sixty days of his or her appointment, which shall
 allow public comment from the district's residents,  students,  parents,
 employees, the mayor, board members and administration.
   (a)  The first hearing shall take public comment on existing statutory
 and regulatory authority of the commissioner,  the  department  and  the
 board  of  regents regarding school district governance and intervention
 under applicable state law and regulations, including  but  not  limited
 to, sections 306, 211-c, and 211-f of the education law.
   (b)  The  second  hearing  shall  take  public comment on the academic
 performance of the district.
   (c) The third hearing shall take public comment on the fiscal perform-
 ance of the district.
   2. The board of education, the superintendent and  the  monitor  shall
 consider  these  public  comments when developing the financial plan and
 academic improvement plan under this act.
   § 5. Financial plan. 1. No later than  November  first,  two  thousand
 twenty, the board of education, the superintendent and the monitor shall
 develop a proposed financial plan for the two thousand twenty--two thou-
 sand  twenty-one  school  year and the four subsequent school years. The
 financial plan shall ensure that  annual  aggregate  operating  expenses
 shall  not  exceed  annual  aggregate operating revenues for such school
 year and that the major operating funds of the district be  balanced  in
 accordance  with  generally  accepted  accounting  principles, and shall
 consider whether financial and budgetary functions of the district shall
 be subject to a shared services agreement  with  the  city  and  whether
 district  governance  should  be  modified.    The  financial plan shall
 include statements of all estimated  revenues,  expenditures,  and  cash
 flow projections of the district.
   2. If the board of education and the monitor agree on all the elements
 of  the  proposed financial plan, the board of education shall conduct a
 public hearing on the plan and consider the input of the community.  The
 proposed  financial  plan shall be made public on the district's website
 at least three business  days  before  such  public  hearing.  Once  the
 proposed  financial  plan  has  been approved by the board of education,
 such plan shall be submitted by the monitor to the commissioner and  the
 mayor for approval and shall be deemed approved for the purposes of this
 act.
   3.  If  the board of education and the monitor do not agree on all the
 elements of the proposed financial plan, the board  of  education  shall
 conduct  a public hearing on the proposed plan that details the elements
 of disagreement between the monitor and the board, including  documented
 justification  for  such disagreements and any requested amendments from
 the monitor. The proposed financial plan, elements of disagreement,  and
 requested  amendments  shall be made public on the district's website at
 least three business days before such public hearing. After  considering
 the  input  of the community, the board may alter the proposed financial
 plan and the monitor may alter his or her requested amendments, and  the
 monitor  shall submit the proposed financial plan, his or her amendments
 to the plan, and documentation providing justification  for  such  disa-
 greements and amendments to the commissioner and the mayor no later than
 December  first, two thousand twenty. By January fifteenth, two thousand
 twenty-one, the commissioner and the mayor  shall  jointly  approve  the
 proposed  plan  with  any  of the monitor's proposed amendments, or make
 other modifications, they deem appropriate.    The  board  of  education
 shall  provide  the commissioner and the mayor with any information they

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 request to approve such plan within three business days of such request.
 Upon the approval of the commissioner and the mayor, the financial  plan
 shall be deemed approved for purposes of this act.
   §  6.  Academic improvement plan. 1. No later than November first, two
 thousand twenty, the board of  education,  the  superintendent  and  the
 monitor  shall  develop  an academic improvement plan for the district's
 two thousand twenty--two thousand twenty-one school year  and  the  four
 subsequent  school  years. The academic improvement plan shall contain a
 series of programmatic  recommendations  designed  to  improve  academic
 performance over the period of the plan in those academic areas that the
 commissioner  deems  to  be  in  need of improvement which shall include
 addressing the provisions contained in any action plan set forth by  the
 department.
   2. If the board of education and the monitor agree on all the elements
 of  the proposed academic improvement plan, the board of education shall
 conduct a public hearing on the plan  and  consider  the  input  of  the
 community.  The  proposed academic improvement plan shall be made public
 on the district's website at  least  three  business  days  before  such
 public  hearing.    Once the proposed academic improvement plan has been
 approved by the board of education, such plan shall be submitted by  the
 monitor  to  the  commissioner for approval and shall be deemed approved
 for the purposes of this act.
   3. If the board of education and the monitor do not agree on  all  the
 elements  of the proposed academic improvement plan, the board of educa-
 tion shall conduct a public hearing on the proposed  plan  that  details
 the  elements of disagreement between the monitor and the board, includ-
 ing documented justification for such disagreements  and  any  requested
 amendments  from  the  monitor.  The proposed academic improvement plan,
 elements of disagreement, and requested amendments shall be made  public
 on  the  district's  website  at  least  three business days before such
 public hearing. After considering the input of the community, the  board
 may  alter  the  proposed  academic improvement plan and the monitor may
 alter his or her requested amendments, and the monitor shall submit  the
 proposed  academic  improvement plan, his or her amendments to the plan,
 and documentation providing justification  for  such  disagreements  and
 amendments  to  the commissioner no later than December first, two thou-
 sand twenty. By January fifteenth, two thousand twenty-one, the  commis-
 sioner  shall  approve  the  proposed  plan  with  any  of the monitor's
 proposed amendments, or make other modifications, he or she deems appro-
 priate. The board of education shall provide the commissioner  with  any
 information  he  or she requests to approve such plan within three busi-
 ness days of such request. Upon the approval of  the  commissioner,  the
 academic  improvement plan shall be deemed approved for purposes of this
 act.
   § 7. Fiscal and operational oversight. 1. Starting with  the  proposed
 budget  for  the two thousand twenty-one--two thousand twenty-two school
 year, the board of education shall annually submit the school district's
 proposed budget for the next succeeding school year to  the  monitor  no
 later than March first prior to the start of such next succeeding school
 year.  The monitor shall review the proposed budget to ensure that it is
 balanced within the context of revenue  and  expenditure  estimates  and
 mandated  programs. The monitor shall also review the proposed budget to
 ensure that it, to the greatest extent possible, is consistent with  the
 district  academic  improvement  plan  and  financial plan developed and
 approved pursuant to this act. The monitor  shall  present  his  or  her
 findings  to  the  board of education, the mayor and the commissioner no

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 later than forty-five days prior to the date scheduled for the board  of
 education's vote on the adoption of the final budget or the last date on
 which  the  budget  may  be  finally  adopted,  whichever is sooner. The
 commissioner  and the mayor shall jointly require the board of education
 to make amendments to the proposed budget consistent with any  recommen-
 dations  made  by  the monitor if the commissioner and the mayor jointly
 determine such amendments are necessary to  comply  with  the  financial
 plan  and  academic improvement plan under this act. The school district
 shall make available on the district's website:   the  initial  proposed
 budget,  the  monitor's findings, and the final proposed budget at least
 seven days prior to the date of the school  district's  budget  hearing.
 The board of education shall provide the commissioner and the mayor with
 any  information  they request in order to make a determination pursuant
 to this subdivision within three business days of such request.
   2. The district shall provide quarterly reports  to  the  monitor  and
 annual  reports  to the mayor, the commissioner and the board of regents
 on the academic, fiscal, and operational status of the school  district.
 In addition, the monitor shall provide semi-annual reports to the mayor,
 the  commissioner,  board of regents, the governor, the temporary presi-
 dent of the senate, and the speaker of the  assembly  on  the  academic,
 fiscal, and operational status of the school district.  Such semi-annual
 report  shall  include  all the contracts that the district entered into
 throughout the year.
   3. The monitor shall have the authority to disapprove  travel  outside
 the state paid for by the district.
   4.  The  monitor shall work with the district's shared decision-making
 committee as defined in  8  NYCRR  100.11  in  developing  the  academic
 improvement  plan,  financial  plan,  district  goals, implementation of
 district  priorities,  budgetary  recommendations  and   recommendations
 related to school governance.
   5.  The  monitor shall assist in resolving any disputes and conflicts,
 including but not limited to, those between the superintendent  and  the
 board of education and among the members of the board of education.
   6.  The monitor may recommend, and the board shall consider by vote of
 a resolution at the next scheduled meeting of  the  board,  cost  saving
 measures including, but not limited to, shared service agreements.
   § 8. The commissioner may overrule any decision of the monitor, except
 for collective bargaining agreements negotiated in accordance with arti-
 cle  14  of the civil service law, if he or she deems that such decision
 is not aligned with the academic improvement plan.  The commissioner and
 the mayor may jointly overrule any decision of the monitor,  except  for
 collective  bargaining  agreements negotiated in accordance with article
 14 of the civil service law, if they jointly deem such decision  is  not
 aligned with the financial plan or the school district's budget.
   §  9. The monitor may notify the commissioner, the mayor and the board
 in writing when he or she deems the district is violating an element  of
 the  financial  plan  or  academic  improvement plan in this act. Within
 twenty days, the commissioner shall determine whether the district is in
 violation of any of the elements of the academic improvement plan  high-
 lighted by the monitor and shall order the district to comply immediate-
 ly  with  the  plan  and  remedy any such violation.   The mayor and the
 commissioner shall, within twenty days, jointly  determine  whether  the
 district  is  in  violation of any of the elements of the financial plan
 highlighted by the monitor and shall order the district to comply  imme-
 diately  with  the  plan  and  remedy  any  such violation.   The school
 district shall suspend all actions related to the potential violation of

 S. 7506--A                         43                         A. 9506--A
 
 the financial plan or academic improvement plan until  the  commissioner
 issues a determination or the mayor and the commissioner jointly issue a
 determination related to the financial plan.
   §  10.  Nothing  in this act shall be construed to abrogate the duties
 and responsibilities of the school district consistent  with  applicable
 state law and regulations.
   §  11.  This act shall take effect immediately and shall expire and be
 deemed repealed June 30, 2021.

                                  PART D
 
   Section 1. 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:
   (4)  The trustees shall not impose a differential tuition charge based
 upon need or  income.  Except  as  hereinafter  provided,  all  students
 enrolled  in  programs  leading to like degrees at state-operated insti-
 tutions of the state university shall  be  charged  a  uniform  rate  of
 tuition  except for differential tuition rates based on state residency.
 Provided, however, that the trustees may authorize the presidents of the
 colleges of technology and the colleges of agriculture and technology to
 set differing rates of tuition for each of  the  colleges  for  students
 enrolled  in degree-granting programs leading to an associate degree and
 non-degree granting programs so long  as  such  tuition  rate  does  not
 exceed  the  tuition  rate  charged to students who are enrolled in like
 degree programs or degree-granting undergraduate programs leading  to  a
 baccalaureate  degree  at other state-operated institutions of the state
 university of New York. Notwithstanding  any  other  provision  of  this
 subparagraph, the trustees may authorize the setting of a separate cate-
 gory  of  tuition  rate, that shall be greater than the tuition rate for
 resident students and  less  than  the  tuition  rate  for  non-resident
 students,  only  for  students enrolled in distance learning courses who
 are not residents of the state. Except as otherwise authorized  in  this
 subparagraph,  the  trustees  shall  not adopt changes affecting tuition
 charges prior to the enactment of the annual  budget,  provided  however
 that:
   (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
 academic year and ending  in  the  two  thousand  fifteen--two  thousand
 sixteen academic year the state university of New York board of trustees
 shall  be  empowered  to  increase  the  resident  undergraduate rate of
 tuition by not more than three hundred dollars over the resident  under-
 graduate  rate  of tuition adopted by the board of trustees in the prior
 academic year, provided however that commencing with  the  two  thousand
 eleven--two thousand twelve academic year and ending in the two thousand
 sixteen--two  thousand  seventeen  academic  year if the annual resident
 undergraduate rate of tuition would exceed five thousand dollars, then a
 tuition credit for each eligible student, as determined  and  calculated
 by  the New York state higher education services corporation pursuant to
 section six hundred eighty-nine-a of this title, shall be applied toward
 the tuition charged for each semester, quarter or term of study. Tuition
 for each semester, quarter or term of study shall not  be  due  for  any
 student eligible to receive such tuition credit until the tuition credit
 is  calculated  and  applied  against the tuition charged for the corre-
 sponding semester, quarter or term.
   (ii) Commencing with the two thousand seventeen--two thousand eighteen
 academic year and ending in the two thousand twenty--two thousand  twen-

 S. 7506--A                         44                         A. 9506--A
 
 ty-one  academic year the state university of New York board of trustees
 shall be empowered  to  increase  the  resident  undergraduate  rate  of
 tuition  by  not  more than two hundred dollars over the resident under-
 graduate  rate  of tuition adopted by the board of trustees in the prior
 academic year, provided, however that if the annual resident undergradu-
 ate rate of tuition would exceed five thousand dollars, then  a  tuition
 credit  for  each  eligible student, as determined and calculated by the
 New York state higher education services corporation pursuant to section
 six hundred eighty-nine-a of this title, shall  be  applied  toward  the
 tuition charged for each semester, quarter or term of study. Tuition for
 each semester, quarter or term of study shall not be due for any student
 eligible  to  receive  such  tuition  credit until the tuition credit is
 calculated and applied against the tuition charged for the corresponding
 semester, quarter or term. Provided, further that the revenue  resulting
 from  an  increase  in  the  rate  of tuition shall be allocated to each
 campus pursuant to a plan approved by the board of trustees  to  support
 investments  in  new  classroom  faculty,  instruction,  initiatives  to
 improve student success and on-time completion and a tuition credit  for
 each eligible student.
   (iii)  COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
 TY-TWO ACADEMIC YEAR AND ENDING IN  THE  TWO  THOUSAND  TWENTY-FOUR--TWO
 THOUSAND  TWENTY-FIVE  ACADEMIC  YEAR  THE  STATE UNIVERSITY OF NEW YORK
 BOARD OF TRUSTEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRAD-
 UATE RATE OF TUITION BY NO MORE THAN TWO HUNDRED DOLLARS OVER THE  RESI-
 DENT  UNDERGRADUATE  RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN
 THE PRIOR ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF THE  ANNUAL  RESIDENT
 UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A
 TUITION  CREDIT  FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED
 BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT  TO
 SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD
 THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION
 FOR  EACH  SEMESTER,  QUARTER  OR TERM OF STUDY SHALL NOT BE DUE FOR ANY
 STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT
 IS CALCULATED AND APPLIED AGAINST THE TUITION  CHARGED  FOR  THE  CORRE-
 SPONDING  SEMESTER,  QUARTER  OR TERM. PROVIDED FURTHER THAT THE REVENUE
 RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED  TO
 EACH  CAMPUS  PURSUANT  TO  A  PLAN APPROVED BY THE BOARD OF TRUSTEES TO
 SUPPORT INVESTMENTS IN NEW CLASSROOM FACULTY,  INSTRUCTION,  INITIATIVES
 TO  IMPROVE  STUDENT SUCCESS AND ON-TIME COMPLETION AND A TUITION CREDIT
 FOR EACH ELIGIBLE STUDENT.
   (IV) On or before November thirtieth, two thousand  [seventeen]  TWEN-
 TY-ONE,  the  trustees  shall  approve  and  submit to the chairs of the
 assembly ways and means committee and the senate finance  committee  and
 to  the  director  of the budget a master tuition plan setting forth the
 tuition rates that  the  trustees  propose  for  resident  undergraduate
 students  for  the  four  year  period  commencing with the two thousand
 [seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year
 and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen-
 ty-one] TWENTY-FIVE academic year, and shall submit any proposed  amend-
 ments  to such plan by November thirtieth of each subsequent year there-
 after through November thirtieth, two thousand [twenty] TWENTY-FOUR, and
 provided further, that with the approval of the board of trustees,  each
 university  center may increase non-resident undergraduate tuition rates
 each year by not more than ten percent over the  tuition  rates  of  the
 prior  academic year for a six year period commencing with the two thou-

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 sand eleven--two thousand twelve academic year and  ending  in  the  two
 thousand sixteen--two thousand seventeen academic year.
   [(iv)]  (V)  Beginning  in  state  fiscal year two thousand twelve-two
 thousand thirteen and ending in state fiscal year two thousand  fifteen-
 -two  thousand  sixteen,  the state shall appropriate and make available
 general fund operating support, including fringe benefits, for the state
 university in an amount not less than the amount appropriated  and  made
 available in the prior state fiscal year; provided, however, that if the
 governor declares a fiscal emergency, and communicates such emergency to
 the temporary president of the senate and speaker of the assembly, state
 support  for operating expenses at the state university and city univer-
 sity may be reduced in a manner proportionate to one  another,  and  the
 aforementioned provisions shall not apply.
   [(v)]  (VI) Beginning in state fiscal year two thousand seventeen--two
 thousand eighteen and ending in state fiscal year two thousand  twenty--
 two  thousand twenty-one, the state shall appropriate and make available
 general fund operating support, including fringe benefits, for the state
 university in an amount not less than the amount appropriated  and  made
 available in the prior state fiscal year; provided, however, that if the
 governor declares a fiscal emergency, and communicates such emergency to
 the temporary president of the senate and speaker of the assembly, state
 support  for operating expenses at the state university and city 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 title.
   (VII) BEGINNING IN STATE  FISCAL  YEAR  TWO  THOUSAND  TWENTY-ONE--TWO
 THOUSAND  TWENTY-TWO  AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN-
 TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND  MAKE
 AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
 THE  STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED
 AND MADE AVAILABLE IN THE PRIOR STATE FISCAL  YEAR;  PROVIDED,  HOWEVER,
 THAT  IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
 EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND  SPEAKER  OF  THE
 ASSEMBLY,  STATE  SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY
 AND CITY UNIVERSITY MAY BE REDUCED IN  A  MANNER  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.
   [(vi)] (VIII) For the state university  fiscal  years  commencing  two
 thousand  eleven--two  thousand twelve and ending two thousand fifteen--
 two thousand sixteen, each university center may set aside a portion  of
 its tuition revenues derived from tuition increases to provide increased
 financial  aid  for New York state resident undergraduate students whose
 net taxable income is eighty thousand dollars or  more  subject  to  the
 approval  of  a NY-SUNY 2020 proposal by the governor and the chancellor
 of the state university of New York. Nothing in this paragraph shall  be
 construed  as  to  authorize  that  students whose net taxable income is
 eighty thousand dollars or more  are  eligible  for  tuition  assistance
 program  awards  pursuant  to  section  six  hundred sixty-seven of this
 [chapter] TITLE.
   § 2. Paragraph h of subdivision 2 of section 355 of the education  law
 is amended by adding a new paragraph 4-a to read as follows:

 S. 7506--A                         46                         A. 9506--A
 
   (4-A)  NOTWITHSTANDING  ANY  LAW, RULE, REGULATION, OR PRACTICE TO THE
 CONTRARY AND FOLLOWING THE REVIEW AND APPROVAL OF THE CHANCELLOR OF  THE
 STATE UNIVERSITY OR HIS OR HER DESIGNEE, THE BOARD OF TRUSTEES MAY RAISE
 NON-RESIDENT UNDERGRADUATE RATES OF TUITION BY NOT MORE THAN TEN PERCENT
 OVER  THE  TUITION  RATES  OF  THE PRIOR ACADEMIC YEAR FOR THE FOLLOWING
 DOCTORAL DEGREE GRANTING INSTITUTIONS OF THE  STATE  UNIVERSITY  OF  NEW
 YORK  THE  STATE UNIVERSITY OF NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCE
 AND FORESTRY AS DEFINED IN ARTICLE ONE HUNDRED TWENTY-ONE OF THIS  CHAP-
 TER,  DOWNSTATE  MEDICAL CENTER, UPSTATE MEDICAL CENTER, AND THE COLLEGE
 OF TECHNOLOGY AT UTICA-ROME/STATE UNIVERSITY POLYTECHNIC INSTITUTE FOR A
 FOUR YEAR PERIOD COMMENCING WITH THE TWO THOUSAND  TWENTY--TWO  THOUSAND
 TWENTY-ONE  ACADEMIC  YEAR AND ENDING IN THE TWO THOUSAND TWENTY-THREE--
 TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR PROVIDED THAT SUCH RATE CHANGE IS
 APPROVED ANNUALLY PRIOR TO BOARD OF TRUSTEES ACTION BY THE CHANCELLOR OF
 THE STATE UNIVERSITY OR HIS OR HER DESIGNEE.
   § 3. Paragraph (a) of subdivision 7 of section 6206 of  the  education
 law,  as  amended  by section 2 of part JJJ of chapter 59 of the laws of
 2017, is amended to read as follows:
   (a) The board of  trustees  shall  establish  positions,  departments,
 divisions  and  faculties; appoint and in accordance with the provisions
 of law fix salaries of  instructional  and  non-instructional  employees
 therein;  establish  and conduct courses and curricula; prescribe condi-
 tions of student admission, attendance and discharge; and shall have the
 power to determine in its discretion whether tuition  shall  be  charged
 and  to  regulate  tuition  charges, and other instructional and non-in-
 structional fees and other fees and charges at the educational units  of
 the  city  university.  The trustees shall review any proposed community
 college tuition increase and the justification for  such  increase.  The
 justification  provided by the community college for such increase shall
 include a detailed analysis of ongoing operating  costs,  capital,  debt
 service  expenditures, and all revenues. The trustees shall not impose a
 differential tuition charge based upon  need  or  income.  All  students
 enrolled  in  programs  leading  to  like degrees at the senior colleges
 shall be charged a uniform rate  of  tuition,  except  for  differential
 tuition  rates  based  on  state  residency.  Notwithstanding  any other
 provision of this paragraph, the trustees may authorize the setting of a
 separate category of tuition  rate,  that  shall  be  greater  than  the
 tuition  rate  for  resident students and less than the tuition rate for
 non-resident students, only for students enrolled in  distance  learning
 courses who are not residents of the state; provided, however, that:
   (i)  Commencing  with  the  two  thousand  eleven--two thousand twelve
 academic year and ending  in  the  two  thousand  fifteen--two  thousand
 sixteen academic year, the city university of New York board of trustees
 shall  be  empowered  to  increase  the  resident  undergraduate rate of
 tuition by not more than three hundred dollars over the resident  under-
 graduate  rate  of tuition adopted by the board of trustees in the prior
 academic year, provided however that commencing with  the  two  thousand
 eleven--two  thousand twelve academic year and ending with the two thou-
 sand sixteen--two thousand seventeen academic year if the  annual  resi-
 dent  undergraduate  rate of tuition would exceed five thousand dollars,
 then a tuition credit for  each  eligible  student,  as  determined  and
 calculated  by  the New York state higher education services corporation
 pursuant to section six hundred eighty-nine-a of this chapter, shall  be
 applied toward the tuition charged for each semester, quarter or term of
 study.  Tuition for each semester, quarter or term of study shall not be
 due for any student eligible to receive such tuition  credit  until  the

 S. 7506--A                         47                         A. 9506--A
 
 tuition credit is calculated and applied against the tuition charged for
 the corresponding semester, quarter or term.
   (ii) Commencing with the two thousand seventeen--two thousand eighteen
 academic  year and ending in the two thousand twenty--two thousand twen-
 ty-one academic year the city university of New York board  of  trustees
 shall  be  empowered  to  increase  the  resident  undergraduate rate of
 tuition by not more than two hundred dollars over  the  resident  under-
 graduate  rate  of tuition adopted by the board of trustees in the prior
 academic year, provided however that if the annual resident  undergradu-
 ate  rate  of tuition would exceed five thousand dollars, then a tuition
 credit for each eligible student, as determined and  calculated  by  the
 New York state higher education services corporation pursuant to section
 six  hundred  eighty-nine-a  of  this  [title] CHAPTER, shall be applied
 toward the tuition charged for each semester, quarter or term of  study.
 Tuition for each semester, quarter or term of study shall not be due for
 any  student  eligible  to receive such tuition credit until the tuition
 credit is calculated and applied against the  tuition  charged  for  the
 corresponding  semester,  quarter  or  term.  Provided, further that the
 revenue resulting from an increase in the rate of tuition shall be allo-
 cated to each campus pursuant to a plan approved by the board  of  trus-
 tees  to  support  investments  in  new  classroom faculty, instruction,
 initiatives to improve student success  and  on-time  completion  and  a
 tuition credit for each eligible student.
   (iii)  COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
 TY-TWO ACADEMIC YEAR AND ENDING IN  THE  TWO  THOUSAND  TWENTY-FOUR--TWO
 THOUSAND TWENTY-FIVE ACADEMIC YEAR THE CITY UNIVERSITY OF NEW YORK BOARD
 OF  TRUSTEES  SHALL  BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE
 RATE OF TUITION BY NOT MORE THAN TWO HUNDRED DOLLARS OVER  THE  RESIDENT
 UNDERGRADUATE  RATE  OF  TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE
 PRIOR ACADEMIC YEAR; PROVIDED, HOWEVER,  THAT  IF  THE  ANNUAL  RESIDENT
 UNDERGRADUATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A
 TUITION  CREDIT  FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED
 BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT  TO
 SECTION  SIX  HUNDRED  EIGHTY-NINE-A  OF  THIS CHAPTER, SHALL BE APPLIED
 TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF  STUDY.
 TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR
 ANY  STUDENT  ELIGIBLE  TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION
 CREDIT IS CALCULATED AND APPLIED AGAINST THE  TUITION  CHARGED  FOR  THE
 CORRESPONDING  SEMESTER,  QUARTER  OR  TERM.  PROVIDED, FURTHER THAT THE
 REVENUE RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLO-
 CATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD  OF  TRUS-
 TEES  TO  SUPPORT  INVESTMENTS  IN  NEW  CLASSROOM FACULTY, INSTRUCTION,
 INITIATIVES TO IMPROVE STUDENT SUCCESS  AND  ON-TIME  COMPLETION  AND  A
 TUITION CREDIT FOR EACH ELIGIBLE STUDENT.
   (IV)  On  or before November thirtieth, two thousand [seventeen] TWEN-
 TY-ONE, the trustees shall approve and  submit  to  the  chairs  of  the
 assembly  ways  and means committee and the senate finance committee and
 to the director of the budget a master tuition plan  setting  forth  the
 tuition  rates  that  the  trustees  propose  for resident undergraduate
 students for the four year  period  commencing  with  the  two  thousand
 [seventeen] TWENTY-ONE--two thousand [eighteen] TWENTY-TWO academic year
 and ending in the two thousand [twenty] TWENTY-FOUR--two thousand [twen-
 ty-one]  TWENTY-FIVE academic year, and shall submit any proposed amend-
 ments to such plan by November thirtieth of each subsequent year  there-
 after through November thirtieth, two thousand [twenty] TWENTY-FOUR.

 S. 7506--A                         48                         A. 9506--A

   [(iv)]  (V)  Beginning  in  state fiscal year two thousand twelve--two
 thousand thirteen and ending in state fiscal year two thousand  fifteen-
 -two  thousand  sixteen,  the state shall appropriate and make available
 state support for operating expenses, including fringe benefits, for the
 city  university  in an amount not less than the amount appropriated and
 made available in the prior state fiscal year; provided,  however,  that
 if the governor declares a fiscal emergency, and communicates such emer-
 gency to the temporary president of the senate and speaker of the assem-
 bly,  state  support  for operating expenses of the state university and
 city university may be reduced in a manner proportionate to one another,
 and the aforementioned provisions shall not apply.
   [(v)] (VI) Beginning in state fiscal year two thousand  seventeen--two
 thousand  eighteen and ending in state fiscal year two thousand twenty--
 two thousand twenty-one, the state shall appropriate and make  available
 general  fund operating support, including fringe benefits, for the city
 university in an amount not less than the amount appropriated  and  made
 available in the prior state fiscal year; provided, however, that if the
 governor declares a fiscal emergency, and communicates such emergency to
 the temporary president of the senate and speaker of the assembly, state
 support  for operating expenses 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.
   (VII) BEGINNING IN STATE  FISCAL  YEAR  TWO  THOUSAND  TWENTY-ONE--TWO
 THOUSAND  TWENTY-TWO  AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWEN-
 TY-FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND  MAKE
 AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
 THE  CITY  UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED
 AND MADE AVAILABLE IN THE PRIOR STATE FISCAL  YEAR;  PROVIDED,  HOWEVER,
 THAT  IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
 EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND  SPEAKER  OF  THE
 ASSEMBLY,  STATE  SUPPORT FOR OPERATING EXPENSES 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 CHAPTER.
   § 4. Section 16 of chapter 260 of  the  laws  of  2011,  amending  the
 education  law  and the New York state urban development corporation act
 relating to establishing components of the NY-SUNY 2020 challenge  grant
 program,  as  amended by section 5 of part JJJ of chapter 59 of the laws
 of 2017, is amended to read as follows:
   § 16. This act shall take effect July 1, 2011; provided that  sections
 one,  two,  three, four, five, six, eight, nine, ten, eleven, twelve and
 thirteen of this act shall expire [10] 14  years  after  such  effective
 date  when  upon  such  date  the provisions of this act shall be deemed
 repealed; and provided further that sections  fourteen  and  fifteen  of
 this  act  shall expire 5 years after such effective date when upon such
 date the provisions of this act shall be deemed repealed.
   § 5. This act shall take effect immediately; provided,  however,  that
 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 and the
 amendments to paragraph (a) of subdivision 7  of  section  6206  of  the
 education  law  made  by  section three of this act shall not affect the

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 expiration of such paragraph and subparagraph and  shall  be  deemed  to
 expire therewith.
 
                                  PART E
 
   Section  1.  Paragraph  (d)  of  subdivision 1 of section 669-h of the
 education law, as amended by section 1 of part T of chapter  56  of  the
 laws of 2018, is amended to read as follows:
   (d)  has  an  adjusted  gross  income for the qualifying year, as such
 terms are defined in this subdivision, equal to or less  than:  (i)  one
 hundred  thousand  dollars  for recipients receiving an award in the two
 thousand  seventeen--two  thousand  eighteen  academic  year;  (ii)  one
 hundred  ten  thousand  dollars for recipients receiving an award in the
 two thousand eighteen--two thousand nineteen academic year; [and]  (iii)
 one  hundred  twenty-five  thousand  dollars for recipients receiving an
 award in the two thousand nineteen--two thousand twenty  academic  year;
 (IV)  ONE  HUNDRED THIRTY-FIVE THOUSAND DOLLARS FOR RECIPIENTS RECEIVING
 AN AWARD IN THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWENTY-ONE  ACADEMIC
 YEAR;  AND (V) ONE HUNDRED FIFTY THOUSAND DOLLARS FOR RECIPIENTS RECEIV-
 ING AN AWARD IN THE TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO
 ACADEMIC YEAR and thereafter; and
   § 2. This act shall take effect immediately.
 
                                  PART F
 
   Section  1.  Subdivision  3  of section 667-d of the education law, as
 amended by section 1 of part W of chapter 56 of the  laws  of  2018,  is
 amended to read as follows:
   3.  Income. An award shall be made to an applicant who has an adjusted
 gross income for the qualifying year, as such terms are defined in  this
 subdivision, equal to or less than: (i) one hundred thousand dollars for
 recipients  receiving  an award in the two thousand seventeen--two thou-
 sand eighteen academic year; (ii) one hundred ten thousand  dollars  for
 recipients receiving an award in the two thousand eighteen--two thousand
 nineteen  academic  year;  [and]  (iii) one hundred twenty-five thousand
 dollars for recipients receiving an award in the two thousand  nineteen-
 -two  thousand  twenty academic year; (IV) ONE HUNDRED THIRTY-FIVE THOU-
 SAND DOLLARS FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND TWEN-
 TY--TWO THOUSAND TWENTY-ONE ACADEMIC YEAR; AND  (V)  ONE  HUNDRED  FIFTY
 THOUSAND  DOLLARS  FOR RECIPIENTS RECEIVING AN AWARD IN THE TWO THOUSAND
 TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO  ACADEMIC  YEAR  and   thereafter.
 Adjusted  gross income shall be the total of the combined adjusted gross
 income of the applicant and the applicant's parents or the applicant and
 the applicant's  spouse,  if  married.  Qualifying  year  shall  be  the
 adjusted  gross  income as reported on the federal income tax return, or
 as otherwise obtained by the corporation, for the calendar year coincid-
 ing with the tax year established by the U.S. department of education to
 qualify applicants for federal student financial aid programs authorized
 by Title IV of the Higher Education Act of nineteen hundred  sixty-five,
 as  amended,  for the school year in which application for assistance is
 made. Provided, however, if an applicant demonstrates to the corporation
 that there has been a change in such applicant's adjusted  gross  income
 in the year or years subsequent to the qualifying year which would qual-
 ify such applicant for an award, the corporation shall review and make a
 determination  as  to  whether  such applicant meets the requirement set
 forth in this subdivision based on such  year.  Provided,  further  that

 S. 7506--A                         50                         A. 9506--A
 
 such  change  was  caused  by the death, permanent and total physical or
 mental disability, divorce, or separation by judicial decree or pursuant
 to an agreement of separation which is filed with a court  of  competent
 jurisdiction  of  any  person  whose  income  was required to be used to
 compute the applicant's total adjusted gross income.
   § 2. This act shall take effect immediately.
 
                                  PART G

   Section 1. 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, 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 PROFES-
 SIONAL 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. FOR PURPOSES OF  THIS  PARAGRAPH,  "FINANCIAL
 INTEREST"  MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
 CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS  OF  A  BUSINESS
 ENTITY.    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 INCORPORATED 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  INCORPORATED  UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO
 ACTIVELY PARTICIPATES IN THE BUSINESS OF  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  BUSINESS  OR  MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL
 HAVE ATTACHED TO ITS  CERTIFICATE  OF  INCORPORATION  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.
   § 2. 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 THE 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,

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   (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.
   § 3. 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  ANY  STATE  THE
 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.
   § 4. 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, who has  been  rendering  professional  service  to  the  public
 becomes  legally  disqualified  to practice his OR HER profession within
 this state, he OR SHE 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 professional 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 OR  HER  profession  within  this
 state shall be deemed to constitute an irrevocable offer by the disqual-
 ified shareholder to sell his OR HER 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  compliance  with
 this  provision  shall constitute a ground for forfeiture of its certif-
 icate of incorporation and its dissolution.
   § 5. 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, may sell or transfer his
 OR HER shares in such corporation except to another  individual  who  is

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 eligible  to  have  shares  issued  to him OR HER by such corporation or
 except in trust to another individual who would be eligible  to  receive
 shares  if  he  OR  SHE were employed by the corporation. Nothing herein
 contained shall be construed to prohibit the transfer of shares by oper-
 ation  of  law or by court decree.  No transferee 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 eligible to have  shares  issued
 to  him  OR HER if he OR SHE were an employee of the corporation 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 shareholder, may be
 made only after the same shall have been approved by the board of direc-
 tors, 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 incorporation 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 OR HER
 shares may not be voted or counted for any purpose,  unless  all  share-
 holders consent that such shares be voted or counted. The certificate of
 incorporation or the by-laws of the professional 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 corporation at prices and in a manner
 specifically set forth therein. The existence of the restrictions on the
 sale or transfer of shares, as contained in this article and, if  appli-
 cable,  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.
   § 6. 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

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 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.
 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.
   § 7. 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.  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 MAJORITY  OF  THE  OWNERSHIP  OF  THE
 FIRM,  IN  TERMS  OF  FINANCIAL INTERESTS, 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.  FOR PURPOSES OF THIS PARAGRAPH,
 "FINANCIAL INTEREST" MEANS  CAPITAL  STOCK,  CAPITAL  ACCOUNTS,  CAPITAL
 CONTRIBUTIONS,  CAPITAL  INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
 OF A BUSINESS ENTITY.  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 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  INTER-
 EST  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  PARAGRAPH, "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.
   §  8.  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

 S. 7506--A                         54                         A. 9506--A
 
 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
 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. A LIMITED LIABILITY
 PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC  ACCOUN-
 TANCY, 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,  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 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  SEVENTY-FOUR
 HUNDRED  FOUR  OF  THE  EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION,
 "FINANCIAL INTEREST" MEANS  CAPITAL  STOCK,  CAPITAL  ACCOUNTS,  CAPITAL
 CONTRIBUTIONS,  CAPITAL  INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
 OF A BUSINESS ENTITY.  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
 ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER
 OF A FIRM THAT IS FORMED UNDER THIS  SECTION  SHALL  BE  (1)  A  NATURAL

 S. 7506--A                         55                         A. 9506--A
 
 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 INDIVIDUALLY TAKE PART IN
 THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   §  9.  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:
   (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.   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 FINANCIAL INTERESTS, 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 LIMIT-

 S. 7506--A                         56                         A. 9506--A
 
 ED 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 SEVENTY-FOUR HUNDRED
 FOUR  OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
 INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL  CONTRIBUTIONS,
 CAPITAL  INTEREST,  OR  INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
 ENTITY.  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 FORMED 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 INDIVIDUALLY TAKE PART IN  THE  DAY-
 TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   §  10.  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 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
 FOREGOING,  A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICEN-
 SEE 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 PARTIC-
 IPATES 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  BUSI-
 NESS  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.

 S. 7506--A                         57                         A. 9506--A
 
   § 11. 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
 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

 S. 7506--A                         58                         A. 9506--A
 
 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. A
 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 EDUCATION LAW SHALL BE REQUIRED TO SHOW
 (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE  FIRM,  IN  TERMS  OF
 FINANCIAL  INTERESTS,  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 PROFESSIONAL SERVICE LIMIT-
 ED  LIABILITY  COMPANY,  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. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
 INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL  CONTRIBUTIONS,
 CAPITAL  INTEREST,  OR  INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
 ENTITY.  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 PARTICIPATE"  MEANS  TO  PROVIDE
 SERVICES  TO  CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
 TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   § 12. 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.

 S. 7506--A                         59                         A. 9506--A
 
 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-
 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

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 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. A FOREIGN PROFESSIONAL
 SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC-
 TICE 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, 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 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. FOR PURPOSES OF THIS SUBDIVISION,  "FINANCIAL  INTER-
 EST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPI-
 TAL  INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTI-
 TY.  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. Notwithstanding any other provision  of  law  to  the  contrary,
 there  is hereby established a fee for each non-licensee owner of a firm
 that is incorporating as a professional service  corporation  formed  to
 lawfully engage in the practice of public accountancy. Such non-licensee
 owner  shall  pay  a  fee  of three hundred dollars to the department of
 education on an annual basis.
   § 14. This act shall take effect immediately.
 
                                  PART H

   Section 1. Notwithstanding any other provision  of  law,  the  housing
 trust  fund  corporation  may  provide, for purposes of the neighborhood
 preservation program, a sum not to exceed  $12,830,000  for  the  fiscal
 year ending March 31, 2021.  Notwithstanding any other provision of law,
 and  subject to the approval of the New York state director of the budg-
 et, the board of directors of the state  of  New  York  mortgage  agency
 shall  authorize the transfer to the housing trust fund corporation, for
 the purposes of reimbursing any costs associated with neighborhood pres-
 ervation program contracts authorized by this section, a total  sum  not
 to  exceed  $12,830,000,  such  transfer to be made from (i) the special
 account of the mortgage  insurance  fund  created  pursuant  to  section
 2429-b  of  the  public  authorities law, in an amount not to exceed the
 actual excess balance in the special account of the  mortgage  insurance

 S. 7506--A                         61                         A. 9506--A
 
 fund,  as  determined  and  certified  by the state of New York mortgage
 agency for the fiscal year 2019-2020 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, 2020.
   §  2.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes  of  the  rural  preservation
 program, a sum not to exceed $5,360,000 for the fiscal year ending March
 31,  2021.    Notwithstanding any other provision of law, and subject to
 the approval of the New York state director of the budget, the board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing   any  costs  associated  with  rural  preservation  program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $5,360,000, such transfer to be made from (i) the special account of the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the  special  account  of the mortgage insurance fund, as determined and
 certified by the state of New York mortgage agency for the  fiscal  year
 2019-2020  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,
 2020.
   §  3.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes of the rural  rental  assist-
 ance  program  pursuant  to  article 17-A of the private housing finance
 law, a sum not to exceed $21,000,000 for the fiscal  year  ending  March
 31,  2021.    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
 $21,000,000,  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 deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2019-2020  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

 S. 7506--A                         62                         A. 9506--A
 
 fund, such transfer shall be made as soon as practicable  but  no  later
 than June 30, 2020.
   §  4. Notwithstanding any other provision of law, the homeless housing
 and assistance corporation may provide, for purposes  of  the  New  York
 state  supportive  housing  program,  the  solutions to end homelessness
 program or the operational support for AIDS housing program, or to qual-
 ified grantees under such programs, in accordance with the  requirements
 of  such  programs,  a sum not to exceed $42,641,000 for the fiscal year
 ending March 31, 2021. The homeless housing and  assistance  corporation
 may  enter into an agreement with the office of temporary and disability
 assistance to administer such sum in accordance with the requirements of
 such programs. Notwithstanding any other provision of law,  and  subject
 to  the approval of the New York state director of the budget, the board
 of directors of the state of New York mortgage  agency  shall  authorize
 the transfer to the homeless housing and assistance corporation, a total
 sum  not  to  exceed  $42,641,000, 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 2019-2020 in accordance with  section  2429-b
 of  the  public  authorities  law, if any, and/or (ii) provided that the
 reserves in the project pool insurance account of the mortgage insurance
 fund created pursuant to section 2429-b of the  public  authorities  law
 are sufficient to attain and maintain the credit rating as determined by
 the  state  of  New  York  mortgage  agency,  required to accomplish the
 purposes of such account, the project  pool  insurance  account  of  the
 mortgage  insurance fund, such transfer shall be made as soon as practi-
 cable but no later than March 31, 2021.
   § 5. This act shall take effect immediately.
 
                                  PART I
 
   Section 1. Subdivision c of section 8 of section 4 of chapter  576  of
 the  laws  of  1974, constituting the emergency tenant protection act of
 nineteen seventy-four, as amended by section 16 of part K of chapter  36
 of the laws of 2019, is amended to read as follows:
   c.  Whenever  a  city  having  a population of one million or more has
 determined the existence of an emergency pursuant to  section  three  of
 this act, the provisions of this act and the New York city rent stabili-
 zation  law  of nineteen hundred sixty-nine shall be administered by the
 state [division of housing and community renewal] as provided in the New
 York city rent stabilization law  of  nineteen  hundred  sixty-nine,  as
 amended,  or  as  otherwise  provided  by law. The costs incurred by the
 state [division of housing and community renewal] in administering  such
 regulation  shall  be  paid by such city. All payments for such adminis-
 tration shall be transmitted to  the  state  [division  of  housing  and
 community  renewal]  as  follows:  on  or after April first of each year
 commencing with April, nineteen hundred eighty-four, the commissioner of
 housing and community renewal, IN CONSULTATION WITH THE DIRECTOR OF  THE
 BUDGET,  shall  determine an amount necessary to defray the [division's]
 STATE'S anticipated annual cost, and one-quarter of such amount shall be
 paid by such city on or before July first of such year,  one-quarter  of
 such amount on or before October first of such year, one-quarter of such
 amount  on or before January first of the following year and one-quarter
 of such amount on or before March thirty-first of  the  following  year.

 S. 7506--A                         63                         A. 9506--A
 
 After  the  close  of the fiscal year of the state, the commissioner, IN
 CONSULTATION WITH THE DIRECTOR OF THE BUDGET, shall determine the amount
 of all actual costs incurred in such fiscal year and shall certify  such
 amount  to  such  city.  If  such certified amount shall differ from the
 amount paid by the city for such fiscal  year,  appropriate  adjustments
 shall  be made in the next quarterly payment to be made by such city. In
 the event that the amount thereof is not paid to  the  commissioner,  IN
 CONSULTATION  WITH THE DIRECTOR OF THE BUDGET, as herein prescribed, the
 commissioner, IN CONSULTATION WITH THE DIRECTOR  OF  THE  BUDGET,  shall
 certify the unpaid amount to the comptroller, and the comptroller shall,
 to the extent not otherwise prohibited by law, withhold such amount from
 any state aid payable to such city. In no event shall the amount imposed
 on the owners exceed twenty dollars per unit per year.
   §  2. Subdivisions d and e of section 8 of section 4 of chapter 576 of
 the laws of 1974, constituting the emergency tenant  protection  act  of
 nineteen  seventy-four, subdivision d as amended by section 16 of part K
 of chapter 36 of the laws of  2019  and  subdivision  e  as  amended  by
 section  1  of  part O of chapter 57 of the laws of 2009, are amended to
 read as follows:
   d.  NOTWITHSTANDING  SUBDIVISION  C  OF  THIS  SECTION  OR  ANY  OTHER
 PROVISION  OF  LAW  TO THE CONTRARY, WHENEVER THE STATE HAS INCURRED ANY
 COSTS AS A RESULT OF ADMINISTERING THE RENT  REGULATION  PROGRAM  FOR  A
 CITY  HAVING  A  POPULATION  OF  ONE  MILLION OR MORE IN ACCORDANCE WITH
 SUBDIVISION C OF THIS SECTION, THE DIRECTOR OF THE BUDGET MAY DIRECT ANY
 OTHER STATE AGENCY TO PERMANENTLY REDUCE THE AMOUNT OF ANY OTHER PAYMENT
 OR PAYMENTS OWED TO SUCH CITY OR ANY DEPARTMENT, AGENCY,  OR  INSTRUMEN-
 TALITY  THEREOF;  PROVIDED  HOWEVER,  THAT SUCH REDUCTION SHALL BE IN AN
 AMOUNT EQUAL TO THE COSTS INCURRED BY THE  STATE  IN  ADMINISTERING  THE
 RENT  REGULATION  PROGRAM FOR SUCH CITY IN ACCORDANCE WITH SUBDIVISION C
 OF THIS SECTION. IF THE DIRECTOR OF THE BUDGET MAKES SUCH  DIRECTION  IN
 ACCORDANCE  WITH  THIS SUBDIVISION, THE IMPACTED CITY SHALL NOT MAKE THE
 PAYMENTS REQUIRED BY SUBDIVISION C OF THIS SECTION, AND THE DIVISION  OF
 HOUSING  AND COMMUNITY RENEWAL SHALL NOTIFY SUCH CITY IN WRITING OF WHAT
 PAYMENT OR PAYMENTS WILL BE REDUCED AND THE AMOUNT OF THE REDUCTION  AND
 SHALL  SUBALLOCATE,  AS NECESSARY, THE VALUE OF THE COSTS IT INCURRED TO
 THE AGENCY OR AGENCIES WHICH REDUCES THE PAYMENTS TO SUCH  CITY  OR  ANY
 DEPARTMENT, AGENCY OR AUTHORITY THEREOF IN ACCORDANCE WITH THIS SUBDIVI-
 SION.
   E.  The  failure to pay the prescribed assessment not to exceed twenty
 dollars per unit for any housing accommodation subject to  this  act  or
 the  New York city rent stabilization law of nineteen hundred sixty-nine
 shall constitute a charge due and owing such city, town or village which
 has imposed an annual charge for each such housing accommodation  pursu-
 ant  to  subdivision  b  of this section. Any such city, town or village
 shall be authorized to provide for the enforcement of the collection  of
 such  charges  by commencing an action or proceeding for the recovery of
 such fees or by the filing of a lien upon the  building  and  lot.  Such
 methods  for  the enforcement of the collection of such charges shall be
 the sole remedy for the enforcement of this section.
   [e.] F. The division shall maintain at least one office in each county
 which is governed by the rent  stabilization  law  of  nineteen  hundred
 sixty-nine  or  this act; provided, however, that the division shall not
 be required to maintain an office in the counties of  Nassau,  Rockland,
 or Richmond.
   § 3. This act shall take effect immediately.

 S. 7506--A                         64                         A. 9506--A
 
                                  PART J
 
   Section  1.  The labor law is amended by adding a new section 196-b to
 read as follows:
   § 196-B. SICK LEAVE REQUIREMENTS. 1. EVERY EMPLOYER SHALL PROVIDE  ITS
 EMPLOYEES WITH SICK LEAVE AS FOLLOWS:
   A. FOR EMPLOYERS WITH FOUR OR FEWER EMPLOYEES IN ANY CALENDAR YEAR ALL
 EMPLOYEES SHALL BE PROVIDED WITH AT LEAST FIVE DAYS OF UNPAID SICK LEAVE
 EACH CALENDAR YEAR.
   B.  FOR  EMPLOYERS  WITH BETWEEN FIVE AND NINETY-NINE EMPLOYEES IN ANY
 CALENDAR YEAR, ALL EMPLOYEES SHALL BE PROVIDED WITH AT LEAST  FIVE  DAYS
 OF PAID SICK LEAVE EACH CALENDAR YEAR.
   C.  FOR  EMPLOYERS  WITH ONE HUNDRED OR MORE EMPLOYEES IN ANY CALENDAR
 YEAR, ALL EMPLOYEES SHALL BE PROVIDED WITH AT LEAST SEVEN DAYS  OF  PAID
 SICK LEAVE EACH CALENDAR YEAR.
   2.  THE  COMMISSIONER  SHALL  HAVE  AUTHORITY TO ADOPT REGULATIONS AND
 ISSUE GUIDANCE TO EFFECTUATE ANY OF  THE  PROVISIONS  OF  THIS  SECTION.
 EMPLOYERS  SHALL COMPLY WITH REGULATIONS AND GUIDANCE PROMULGATED BY THE
 COMMISSIONER FOR THIS PURPOSE WHICH MAY INCLUDE BUT ARE NOT  LIMITED  TO
 STANDARDS  FOR  THE  ACCRUAL,  USE, PAYMENT, AND EMPLOYEE ELIGIBILITY OF
 SICK LEAVE.
   3. EMPLOYEES SHALL ACCRUE SICK LEAVE AT A RATE OF NOT  LESS  THAN  ONE
 HOUR  PER  EVERY  THIRTY  HOURS WORKED, BEGINNING AT THE COMMENCEMENT OF
 EMPLOYMENT OR THE EFFECTIVE DATE OF THIS SECTION,  WHICHEVER  IS  LATER,
 SUBJECT TO THE USE AND ACCRUAL LIMITATIONS SET FORTH IN THIS SECTION.
   4.  EMPLOYEE  USE  OF LEAVE. A. UPON THE ORAL OR WRITTEN REQUEST OF AN
 EMPLOYEE, AN  EMPLOYER  SHALL  PROVIDE  SICK  LEAVE  FOR  THE  FOLLOWING
 PURPOSES:
   I.  DIAGNOSIS,  CARE, OR TREATMENT OF AN EXISTING HEALTH CONDITION OF,
 OR PREVENTIVE CARE FOR AN EMPLOYEE OR AN EMPLOYEE'S FAMILY MEMBER, OR  A
 WARD FOR WHICH THE EMPLOYEE IS THE GUARDIAN; OR
   II.  FOR AN EMPLOYEE OR AN EMPLOYEE'S FAMILY MEMBER WHO IS A VICTIM OF
 DOMESTIC VIOLENCE PURSUANT TO SUBDIVISION  THIRTY-FOUR  OF  SECTION  TWO
 HUNDRED  NINETY-TWO OF THE EXECUTIVE LAW, A SEXUAL OFFENSE, STALKING, OR
 HUMAN TRAFFICKING, TO AVAIL THEMSELVES OF SERVICES OR ASSISTANCE.
   5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A CITY WITH A
 POPULATION OF ONE MILLION OR MORE FROM ENACTING OR ENFORCING LOCAL  LAWS
 OR  ORDINANCES  WHICH  IMPOSE STANDARDS OR REQUIREMENTS RELATING TO SICK
 LEAVE THAT ARE MORE PROTECTIVE  TO  EMPLOYEES  THAN  THE  ACCRUAL,  USE,
 PAYMENT, AND EMPLOYEE ELIGIBILITY REQUIREMENTS SET FORTH IN THIS SECTION
 OR IN ANY RULE OR REGULATION PROMULGATED HEREUNDER.
   6. THE PROVISIONS OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER SHALL
 BE  APPLICABLE  TO  THE BENEFITS AFFORDED UNDER THIS SECTION, INCLUDING,
 BUT NOT LIMITED TO, REQUESTING SICK LEAVE AND USING SICK LEAVE.
   7. AN EMPLOYER IS NOT REQUIRED TO PROVIDE ADDITIONAL SICK LEAVE PURSU-
 ANT TO THIS SECTION IF THE EMPLOYER HAS A PAID LEAVE POLICY OR PAID TIME
 OFF POLICY, THE EMPLOYER MAKES AVAILABLE AN AMOUNT OF  LEAVE  APPLICABLE
 TO  EMPLOYEES  THAT MAY BE USED FOR THE SAME PURPOSES AND UNDER THE SAME
 CONDITIONS AS SPECIFIED IN THIS SECTION, AND THE POLICY SATISFIES ONE OF
 THE FOLLOWING:
   I. THE ACCRUAL, CARRYOVER, AND USE REQUIREMENTS  OF  THIS  SECTION  OR
 REGULATIONS PROMULGATED THEREUNDER;
   II.  PROVIDED PAID SICK LEAVE OR PAID TIME OFF TO A CLASS OF EMPLOYEES
 BEFORE JANUARY FIRST, TWO THOUSAND TWENTY, PURSUANT TO A PAID SICK LEAVE
 POLICY OR PAID TIME OFF POLICY THAT USED  AN  ACCRUAL  METHOD  DIFFERENT
 THAN  THAT  SET  FORTH IN PARAGRAPH A OF THIS SUBDIVISION, PROVIDED THAT

 S. 7506--A                         65                         A. 9506--A
 
 THE ACCRUAL IS ON A REGULAR BASIS SO  THAT  AN  EMPLOYEE,  INCLUDING  AN
 EMPLOYEE  HIRED INTO THAT CLASS AFTER JANUARY FIRST TWO THOUSAND TWENTY,
 HAS NOT LESS THAN ONE DAY OF ACCRUED SICK LEAVE OR PAID TIME OFF  WITHIN
 TWO  MONTHS  OF  EMPLOYMENT  OF EACH CALENDAR YEAR, OR EACH TWELVE MONTH
 PERIOD, AND THE EMPLOYEE WAS ELIGIBLE TO EARN AT  LEAST  THE  APPLICABLE
 NUMBER  OF  DAYS  SET  FORTH  IN  THIS SUBDIVISION WITHIN NINE MONTHS OF
 EMPLOYMENT. IF AN EMPLOYER MODIFIES THE ACCRUAL METHOD USED IN THE POLI-
 CY IT HAD IN PLACE PRIOR TO JANUARY  FIRST,  TWO  THOUSAND  TWENTY,  THE
 EMPLOYER SHALL COMPLY WITH ANY ACCRUAL METHOD SET FORTH IN THIS SUBDIVI-
 SION  OR  PROVIDE THE FULL AMOUNT OF LEAVE AT THE BEGINNING OF EACH YEAR
 OF EMPLOYMENT, CALENDAR YEAR, OR TWELVE MONTH PERIOD. THIS SECTION  DOES
 NOT PROHIBIT THE EMPLOYER FROM INCREASING THE ACCRUAL AMOUNT OR RATE FOR
 A CLASS OF EMPLOYEES COVERED BY THIS SUBDIVISION; OR
   III.  IS  PURSUANT  TO  A  COLLECTIVE  BARGAINING  AGREEMENT  THAT (A)
 EXPRESSLY WAIVES THE RIGHTS AFFORDED UNDER THIS  SECTION  AND  (B)  SUCH
 AGREEMENT PROVIDES FOR A COMPARABLE BENEFIT FOR THE EMPLOYEES COVERED BY
 SUCH AGREEMENT IN THE FORM OF PAID DAYS OFF; SUCH PAID DAYS OFF SHALL BE
 IN  THE  FORM  OF  LEAVE, COMPENSATION, OTHER EMPLOYEE BENEFITS, OR SOME
 COMBINATION THEREOF. COMPARABLE BENEFITS  SHALL  INCLUDE,  BUT  ARE  NOT
 LIMITED  TO,  VACATION  TIME, PERSONAL TIME, SAFE/SICK TIME, AND HOLIDAY
 AND SUNDAY TIME PAY AT PREMIUM RATES. NOTWITHSTANDING THE FOREGOING, THE
 PROVISIONS OF THIS CHAPTER SHALL  NOT  APPLY  TO  ANY  EMPLOYEE  IN  THE
 CONSTRUCTION  OR GROCERY INDUSTRY COVERED BY A VALID COLLECTIVE BARGAIN-
 ING AGREEMENT IF SUCH PROVISIONS ARE EXPRESSLY WAIVED IN SUCH COLLECTIVE
 BARGAINING AGREEMENT.
   8. ANY PAID SICK LEAVE BENEFITS  PROVIDED  BY  A  SICK  LEAVE  PROGRAM
 ENFORCED  BY  A MUNICIPAL CORPORATION IN EFFECT AS OF THE EFFECTIVE DATE
 OF THIS CHAPTER THAT PROVIDES SICK LEAVE FOR DOMESTIC WORKERS SHALL  NOT
 BE DIMINISHED OR LIMITED AS A RESULT OF THE ENACTMENT OF THIS CHAPTER.
   §  2. This act shall take effect one year after it shall have become a
 law.
 
                                  PART K
 
   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 L of chapter 56 of the  laws  of  2019,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$148.00] $150.00 for each month beginning on or after
 January first, two thousand [nineteen] TWENTY.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$171.00] $174.00 for each month beginning on
 or after January first, two thousand [nineteen] TWENTY.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$204.00] $207.00 for each month
 beginning on or after January first, two thousand [nineteen] TWENTY.
   (d) for the period commencing January  first,  two  thousand  [twenty]
 TWENTY-ONE,  the  monthly  personal  needs  allowance shall be an amount
 equal to the sum of the amounts set forth in subparagraphs one  and  two
 of this paragraph:
   (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
 subdivision; and
   (2) the amount in subparagraph one of this  paragraph,  multiplied  by
 the  percentage  of  any  federal  supplemental  security income cost of
 living adjustment which becomes effective on or after January first, two

 S. 7506--A                         66                         A. 9506--A
 
 thousand [twenty] TWENTY-ONE, but prior to June thirtieth, two  thousand
 [twenty] TWENTY-ONE, 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
 L of chapter 56 of the laws of 2019, are amended to read as follows:
   (a) On and after January first, two thousand [nineteen] TWENTY, for an
 eligible individual living alone, [$858.00] $870.00; and for an eligible
 couple living alone, [$1,261.00] $1,279.00.
   (b) On and after January first, two thousand [nineteen] TWENTY, for an
 eligible  individual  living with others with or without in-kind income,
 [$794.00] $806.00; and for an eligible couple living with others with or
 without in-kind income, [$1,203.00] $1,221.00.
   (c) On and after January first, two thousand  [nineteen]  TWENTY,  (i)
 for  an eligible individual receiving family care, [$1,037.48] $1,049.48
 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, [$999.48]
 $1,011.48; 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  [nineteen]  TWENTY,  (i)
 for  an  eligible  individual  receiving  residential  care, [$1,206.00]
 $1,218.00 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,  [$1,176.00] $1,188.00; and (iv) for an eligible couple receiving
 such care in any other county in the state, two  times  the  amount  set
 forth in subparagraph (iii) of this paragraph.
   (e)  On  and  after January first, two thousand [nineteen] TWENTY, (i)
 for  an  eligible  individual  receiving  enhanced   residential   care,
 [$1,465.00]  $1,477.00;  and  (ii)  for  an  eligible  couple  receiving
 enhanced residential care, two times the amount set  forth  in  subpara-
 graph (i) of this paragraph.
   (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
 vision  shall  be  increased to reflect any increases in federal supple-
 mental security income benefits for individuals or couples which  become
 effective  on  or  after January first, two thousand [twenty] TWENTY-ONE
 but prior to June thirtieth, two thousand [twenty] TWENTY-ONE.
   § 3. This act shall take effect December 31, 2020.
 
                                  PART L
 
   Section 1. The family court act is amended by adding a new article 5-C
 to read as follows:
                                ARTICLE 5-C
       JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED
             REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS
 PART 1. GENERAL PROVISIONS (581-101 - 581-102)
      2. JUDGMENT OF PARENTAGE (581-201 - 581-206)
      3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)

 S. 7506--A                         67                         A. 9506--A
 
      4. SURROGACY AGREEMENT (581-401 - 581-409)
      5. PAYMENT  TO  DONORS  AND PERSONS ACTING AS SURROGATES (581-501 -
           581-502)
      6. SURROGATES' BILL OF RIGHTS (581-601 - 581-607)
      7. MISCELLANEOUS PROVISIONS (581-701 - 581-704)
 
                                  PART 1
                            GENERAL PROVISIONS
 SECTION 581-101. PURPOSE.
         581-102. DEFINITIONS.
   § 581-101. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO  LEGALLY  ESTAB-
 LISH  A  CHILD'S  RELATIONSHIP  TO HIS OR HER PARENTS WHERE THE CHILD IS
 CONCEIVED THROUGH ASSISTED REPRODUCTION EXCEPT FOR CHILDREN  BORN  TO  A
 PERSON  ACTING  AS SURROGATE WHO CONTRIBUTED THE EGG USED IN CONCEPTION.
 NO FERTILIZED EGG, EMBRYO OR FETUS SHALL  HAVE  ANY  INDEPENDENT  RIGHTS
 UNDER  THE  LAWS  OF THIS STATE, NOR SHALL ANY FERTILIZED EGG, EMBRYO OR
 FETUS BE VIEWED AS A CHILD UNDER THE LAWS OF THIS STATE.
   § 581-102. DEFINITIONS.  (A) "ASSISTED REPRODUCTION" MEANS A METHOD OF
 CAUSING PREGNANCY OTHER THAN SEXUAL INTERCOURSE AND INCLUDES BUT IS  NOT
 LIMITED TO:
   1. INTRAUTERINE OR VAGINAL INSEMINATION;
   2. DONATION OF GAMETES;
   3. DONATION OF EMBRYOS;
   4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
   5. INTRACYTOPLASMIC SPERM INJECTION.
   (B)  "CHILD" MEANS A BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE MAY BE
 DETERMINED UNDER THIS ACT OR OTHER LAW.
   (C) "COMPENSATION" MEANS PAYMENT  OF  ANY  VALUABLE  CONSIDERATION  IN
 EXCESS OF REASONABLE MEDICAL AND ANCILLARY COSTS.
   (D) "DONOR" MEANS AN INDIVIDUAL WHO DOES NOT INTEND TO BE A PARENT WHO
 PRODUCES  GAMETES  AND  PROVIDES  THEM TO ANOTHER PERSON, OTHER THAN THE
 INDIVIDUAL'S SPOUSE, FOR USE IN ASSISTED REPRODUCTION.   THE  TERM  DOES
 NOT  INCLUDE  A PERSON WHO IS A PARENT UNDER PART THREE OF THIS ARTICLE.
 DONOR ALSO INCLUDES AN INDIVIDUAL WHO HAD DISPOSITIONAL  CONTROL  OF  AN
 EMBRYO  OR GAMETES WHO THEN TRANSFERS DISPOSITIONAL CONTROL AND RELEASES
 ALL PRESENT AND FUTURE PARENTAL AND INHERITANCE RIGHTS  AND  OBLIGATIONS
 TO A RESULTING CHILD.
   (E)  "EMBRYO"  MEANS  A  CELL  OR  GROUP OF CELLS CONTAINING A DIPLOID
 COMPLEMENT OF CHROMOSOMES OR GROUP  OF  SUCH  CELLS,  NOT  A  GAMETE  OR
 GAMETES,  THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN BEING
 IF TRANSFERRED INTO THE BODY OF  A  PERSON  UNDER  CONDITIONS  IN  WHICH
 GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
   (F) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
 ARE  NECESSARY  TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
 CAVITY.
   (G) "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA  THAT
 HAS  THE  POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH ANOTHER GAMETE.
 SPERM AND EGGS SHALL BE CONSIDERED  GAMETES.  A  HUMAN  GAMETE  USED  OR
 INTENDED  FOR  REPRODUCTION  MAY  NOT  CONTAIN NUCLEAR DNA THAT HAS BEEN
 DELIBERATELY ALTERED, OR NUCLEAR DNA FROM ONE HUMAN  COMBINED  WITH  THE
 CYTOPLASM OR CYTOPLASMIC DNA OF ANOTHER HUMAN BEING.
   (H) "INDEPENDENT ESCROW AGENT" MEANS SOMEONE OTHER THAN THE PARTIES TO
 A  SURROGACY  AGREEMENT AND THEIR ATTORNEYS. AN INDEPENDENT ESCROW AGENT
 CAN, BUT NEED NOT, BE  A  SURROGACY  PROGRAM,  PROVIDED  SUCH  SURROGACY
 PROGRAM  IS  OWNED OR MANAGED BY AN ATTORNEY LICENSED TO PRACTICE LAW IN

 S. 7506--A                         68                         A. 9506--A
 
 THE STATE OF NEW YORK. IF SUCH INDEPENDENT ESCROW AGENT IS NOT  ATTORNEY
 OWNED, IT SHALL BE LICENSED, BONDED AND INSURED.
   (I) "SURROGACY  AGREEMENT"  IS  AN  AGREEMENT  BETWEEN  AT  LEAST  ONE
 INTENDED PARENT AND A PERSON ACTING AS SURROGATE INTENDED TO RESULT IN A
 LIVE  BIRTH  WHERE  THE  CHILD  WILL  BE THE LEGAL CHILD OF THE INTENDED
 PARENTS.
   (J)  "PERSON  ACTING  AS  SURROGATE"  MEANS  AN  ADULT  PERSON, NOT AN
 INTENDED PARENT, WHO ENTERS INTO A SURROGACY AGREEMENT TO BEAR  A  CHILD
 WHO WILL BE THE LEGAL CHILD OF THE INTENDED PARENT OR PARENTS SO LONG AS
 THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO CONCEIVE
 THE RESULTING CHILD.
   (K)  "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR CERTI-
 FIED UNDER TITLE EIGHT OF THE EDUCATION LAW, OR A SIMILAR LAW OF ANOTHER
 STATE OR COUNTRY, ACTING WITHIN HIS OR HER SCOPE OF PRACTICE.
   (L) "INTENDED PARENT" IS AN INDIVIDUAL WHO MANIFESTS THE INTENT TO  BE
 LEGALLY  BOUND  AS THE PARENT OF A CHILD RESULTING FROM ASSISTED REPROD-
 UCTION OR A SURROGACY AGREEMENT PROVIDED HE OR SHE  MEETS  THE  REQUIRE-
 MENTS OF THIS ARTICLE.
   (M)  "IN  VITRO  FERTILIZATION"  MEANS THE FORMATION OF A HUMAN EMBRYO
 OUTSIDE THE HUMAN BODY.
   (N) "PARENT" AS USED IN  THIS  ARTICLE  MEANS  AN  INDIVIDUAL  WITH  A
 PARENT-CHILD  RELATIONSHIP CREATED OR RECOGNIZED UNDER THIS ACT OR OTHER
 LAW.
   (O) "PARTICIPANT" IS AN INDIVIDUAL WHO EITHER: PROVIDES A GAMETE  THAT
 IS  USED  IN  ASSISTED  REPRODUCTION, IS AN INTENDED PARENT, IS A PERSON
 ACTING AS SURROGATE, OR IS THE SPOUSE OF AN INTENDED  PARENT  OR  PERSON
 ACTING AS SURROGATE.
   (P)  "RECORD"  MEANS  INFORMATION  INSCRIBED  IN  A TANGIBLE MEDIUM OR
 STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
 BLE FORM.
   (Q) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM  A  GAMETE
 PROVIDER.
   (R)  "SPOUSE"  MEANS  AN  INDIVIDUAL  MARRIED TO ANOTHER, OR WHO HAS A
 LEGAL RELATIONSHIP ENTERED INTO UNDER THE LAWS OF THE UNITED  STATES  OR
 OF  ANY  STATE,  LOCAL  OR  FOREIGN JURISDICTION, WHICH IS SUBSTANTIALLY
 EQUIVALENT TO A MARRIAGE, INCLUDING A CIVIL UNION OR  DOMESTIC  PARTNER-
 SHIP.
   (S) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
 BIA,  PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
 INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
   (T) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR  GAMETES  INTO  THE
 BODY OF A PERSON WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.
 
                                  PART 2
                           JUDGMENT OF PARENTAGE
 SECTION 581-201. JUDGMENT OF PARENTAGE.
         581-202. PROCEEDING   FOR  JUDGMENT  OF  PARENTAGE  OF  A  CHILD
                    CONCEIVED THROUGH ASSISTED REPRODUCTION.
         581-203.  PROCEEDING  FOR  JUDGMENT  OF  PARENTAGE  OF  A  CHILD
                    CONCEIVED PURSUANT TO A SURROGACY AGREEMENT.
         581-204. JUDGMENT  OF  PARENTAGE  FOR  INTENDED  PARENTS WHO ARE
                    SPOUSES.
         581-205. INSPECTION OF RECORDS.
         581-206. JURISDICTION, AND EXCLUSIVE CONTINUING JURISDICTION.
   § 581-201. JUDGMENT OF PARENTAGE.  (A) A CIVIL PROCEEDING MAY BE MAIN-
 TAINED TO ADJUDICATE THE PARENTAGE OF A CHILD  UNDER  THE  CIRCUMSTANCES

 S. 7506--A                         69                         A. 9506--A
 
 SET  FORTH  IN  THIS  ARTICLE.  THIS PROCEEDING IS GOVERNED BY THE CIVIL
 PRACTICE LAW AND RULES.
   (B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
 BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
   (C)  A PETITION FOR A JUDGMENT OF PARENTAGE OR NONPARENTAGE OF A CHILD
 CONCEIVED THROUGH ASSISTED REPRODUCTION MAY BE INITIATED BY (1) A CHILD,
 OR (2) A PARENT, OR (3) A PARTICIPANT, OR (4) A PERSON WITH A  CLAIM  TO
 PARENTAGE,  OR (5) SOCIAL SERVICES OFFICIAL OR OTHER GOVERNMENTAL AGENCY
 AUTHORIZED BY OTHER LAW, OR (6) A REPRESENTATIVE AUTHORIZED  BY  LAW  TO
 ACT  FOR  AN  INDIVIDUAL  WHO  WOULD OTHERWISE BE ENTITLED TO MAINTAIN A
 PROCEEDING BUT WHO IS DECEASED, INCAPACITATED, OR A MINOR, IN  ORDER  TO
 LEGALLY  ESTABLISH  THE CHILD-PARENT RELATIONSHIP OF EITHER A CHILD BORN
 THROUGH ASSISTED REPRODUCTION UNDER PART THREE  OF  THIS  ARTICLE  OR  A
 CHILD  BORN  PURSUANT  TO  A SURROGACY AGREEMENT UNDER PART FOUR OF THIS
 ARTICLE.
   § 581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A  CHILD  CONCEIVED
 THROUGH  ASSISTED  REPRODUCTION.    (A)  A  PROCEEDING FOR A JUDGMENT OF
 PARENTAGE WITH RESPECT TO A CHILD  CONCEIVED  THROUGH  ASSISTED  REPROD-
 UCTION MAY BE COMMENCED:
   (1)  IF THE INTENDED PARENT OR CHILD RESIDES IN NEW YORK STATE, IN THE
 COUNTY WHERE THE INTENDED PARENT RESIDES ANY  TIME  AFTER  PREGNANCY  IS
 ACHIEVED OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
   (2)  IF THE INTENDED PARENT AND CHILD DO NOT RESIDE IN NEW YORK STATE,
 UP TO NINETY DAYS AFTER THE BIRTH OF THE CHILD IN THE COUNTY  WHERE  THE
 CHILD WAS BORN.
   (B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED.
   (C) WHERE A PETITION INCLUDES THE FOLLOWING STATEMENTS, THE COURT MUST
 ADJUDICATE ANY INTENDED PARENT TO BE THE PARENT OF THE CHILD:
   (1)  A  STATEMENT  THAT  AN INTENDED PARENT HAS BEEN A RESIDENT OF THE
 STATE FOR AT LEAST NINETY DAYS OR IF AN INTENDED PARENT  IS  NOT  A  NEW
 YORK  STATE  RESIDENT,  THAT  THE CHILD WILL BE OR WAS BORN IN THE STATE
 WITHIN NINETY DAYS OF FILING; AND
   (2) A STATEMENT FROM THE GESTATING INTENDED PARENT THAT THE  GESTATING
 INTENDED  PARENT  BECAME  PREGNANT AS A RESULT OF ASSISTED REPRODUCTION;
 AND
   (3) IN CASES WHERE THERE IS A NON-GESTATING INTENDED PARENT, A  STATE-
 MENT  FROM  THE  GESTATING  INTENDED  PARENT  AND NON-GESTATING INTENDED
 PARENT THAT THE NON-GESTATING  INTENDED  PARENT  CONSENTED  TO  ASSISTED
 REPRODUCTION PURSUANT TO SECTION 581-304 OF THIS ARTICLE; AND
   (4) PROOF OF ANY DONOR'S DONATIVE INTENT.
   (D)  THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S DONA-
 TIVE INTENT FOR PURPOSES OF THIS SECTION:
   (1) IN THE CASE OF AN ANONYMOUS DONOR OR WHERE GAMETES OR EMBRYOS HAVE
 PREVIOUSLY BEEN RELEASED TO A GAMETE OR EMBRYO STORAGE  FACILITY  OR  IN
 THE PRESENCE OF A HEALTH CARE PRACTITIONER, EITHER:
   (I)  A  STATEMENT  OR  DOCUMENTATION FROM THE GAMETE OR EMBRYO STORAGE
 FACILITY OR HEALTH CARE PRACTITIONER STATING OR DEMONSTRATING THAT  SUCH
 GAMETES  OR  EMBRYOS  WERE  ANONYMOUSLY  DONATED  OR HAD PREVIOUSLY BEEN
 RELEASED; OR
   (II) CLEAR AND CONVINCING EVIDENCE THAT THE  GAMETE  OR  EMBRYO  DONOR
 INTENDED TO DONATE GAMETES OR EMBRYOS ANONYMOUSLY OR INTENDED TO RELEASE
 SUCH GAMETES OR EMBRYOS TO A GAMETE OR EMBRYO STORAGE FACILITY OR HEALTH
 CARE PRACTITIONER; OR
   (2) IN THE CASE OF A DONATION FROM A KNOWN DONOR, EITHER: A.  A RECORD
 FROM  THE GAMETE OR EMBRYO DONOR ACKNOWLEDGING THE DONATION AND CONFIRM-
 ING THAT THE DONOR HAS  NO  PARENTAL  OR  PROPRIETARY  INTEREST  IN  THE

 S. 7506--A                         70                         A. 9506--A
 
 GAMETES  OR  EMBRYOS.    THE  RECORD  SHALL  BE  SIGNED BY THE GESTATING
 INTENDED PARENT AND THE GAMETE OR EMBRYO DONOR. THE RECORD MAY  BE,  BUT
 IS NOT REQUIRED TO BE, SIGNED:
   (I) BEFORE A NOTARY PUBLIC, OR
   (II) BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
   (III) BEFORE A HEALTH CARE PRACTITIONER; OR
   B.  CLEAR  AND  CONVINCING  EVIDENCE  THAT  THE GAMETE OR EMBRYO DONOR
 AGREED, PRIOR TO CONCEPTION, WITH THE GESTATING PARENT  THAT  THE  DONOR
 HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS.
   (E)(1)  IN  THE  ABSENCE OF EVIDENCE PURSUANT TO PARAGRAPH TWO OF THIS
 SUBDIVISION, NOTICE SHALL BE GIVEN TO THE DONOR  AT  LEAST  TWENTY  DAYS
 PRIOR  TO  THE DATE SET FOR THE PROCEEDING TO DETERMINE THE EXISTENCE OF
 DONATIVE INTENT BY DELIVERY OF A COPY OF THE PETITION AND NOTICE. UPON A
 SHOWING TO THE COURT, BY AFFIDAVIT OR OTHERWISE, ON OR BEFORE  THE  DATE
 OF  THE  PROCEEDING  OR WITHIN SUCH FURTHER TIME AS THE COURT MAY ALLOW,
 THAT PERSONAL SERVICE CANNOT BE  EFFECTED  AT  THE  DONOR'S  LAST  KNOWN
 ADDRESS WITH REASONABLE EFFORT, NOTICE MAY BE GIVEN, WITHOUT PRIOR COURT
 ORDER  THEREFORE, AT LEAST TWENTY DAYS PRIOR TO THE PROCEEDING BY REGIS-
 TERED OR CERTIFIED MAIL DIRECTED TO  THE  DONOR'S  LAST  KNOWN  ADDRESS.
 NOTICE BY PUBLICATION SHALL NOT BE REQUIRED TO BE GIVEN TO A DONOR ENTI-
 TLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
   (2)  NOTWITHSTANDING  THE  ABOVE,  WHERE  SPERM  IS PROVIDED UNDER THE
 SUPERVISION OF A HEALTH CARE PRACTITIONER  TO  SOMEONE  OTHER  THAN  THE
 SPERM  PROVIDER'S  INTIMATE  PARTNER  OR  SPOUSE WITHOUT A RECORD OF THE
 SPERM PROVIDER'S INTENT TO PARENT NOTICE IS NOT REQUIRED.
   (F) IN CASES NOT COVERED BY SUBDIVISION (C) OF THIS SECTION, THE COURT
 SHALL ADJUDICATE THE PARENTAGE OF THE CHILD CONSISTENT WITH  PART  THREE
 OF THIS ARTICLE.
   (G)  WHERE THE REQUIREMENTS OF SUBDIVISION (C) OF THIS SECTION ARE MET
 OR WHERE THE COURT FINDS THE INTENDED PARENT TO BE A PARENT UNDER SUBDI-
 VISION (E) OF THIS SECTION, THE COURT SHALL ISSUE A JUDGMENT OF  PARENT-
 AGE:
   (1)  DECLARING,  THAT UPON THE BIRTH OF THE CHILD, THE INTENDED PARENT
 OR PARENTS IS OR ARE THE LEGAL PARENT OR PARENTS OF THE CHILD; AND
   (2) ORDERING THE INTENDED PARENT OR PARENTS TO  ASSUME  RESPONSIBILITY
 FOR  THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
 OF THE CHILD; AND
   (3) IF THERE IS A DONOR, ORDERING THAT THE DONOR IS NOT  A  PARENT  OF
 THE CHILD; AND
   (4) ORDERING THAT:
   (I)  PURSUANT  TO SECTION TWO HUNDRED FIFTY-FOUR OF THE JUDICIARY LAW,
 THE CLERK OF THE COURT SHALL  TRANSMIT  TO  THE  STATE  COMMISSIONER  OF
 HEALTH,  OR  FOR  A PERSON BORN IN NEW YORK CITY, TO THE COMMISSIONER OF
 HEALTH OF THE CITY OF NEW YORK, ON A FORM PRESCRIBED BY THE  COMMISSION-
 ER,  A WRITTEN NOTIFICATION OF SUCH ENTRY TOGETHER WITH SUCH OTHER FACTS
 AS MAY ASSIST IN IDENTIFYING  THE  BIRTH  RECORD  OF  THE  PERSON  WHOSE
 PARENTAGE  WAS  IN  ISSUE  AND,  IF SUCH PERSON WHOSE PARENTAGE HAS BEEN
 DETERMINED IS UNDER EIGHTEEN YEARS OF AGE, THE CLERK SHALL ALSO TRANSMIT
 FORTHWITH TO THE REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL  SERVICES
 PURSUANT  TO  SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL SERVICES
 LAW A NOTIFICATION OF SUCH DETERMINATION; AND
   (II) PURSUANT TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT OF THE  PUBLIC
 HEALTH  LAW  AND NYC PUBLIC HEALTH CODE SECTION 207.05 THAT UPON RECEIPT
 OF A JUDGMENT OF PARENTAGE THE LOCAL REGISTRAR WHERE  A  CHILD  IS  BORN
 WILL  REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
 HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH  CERTIF-

 S. 7506--A                         71                         A. 9506--A
 
 ICATE HAS ALREADY BEEN ISSUED, THE APPROPRIATE DEPARTMENT OF HEALTH WILL
 AMEND  THE  BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND SEAL THE PREVI-
 OUSLY ISSUED BIRTH CERTIFICATE.
   §  581-203.  PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
 PURSUANT TO A SURROGACY AGREEMENT.  (A) THE PROCEEDING MAY BE  COMMENCED
 (1)  IN  ANY  COUNTY WHERE AN INTENDED PARENT RESIDED ANY TIME AFTER THE
 SURROGACY AGREEMENT WAS EXECUTED; (2) IN THE COUNTY WHERE THE CHILD  WAS
 BORN  OR  RESIDES;  OR (3) IN THE COUNTY WHERE THE SURROGATE RESIDED ANY
 TIME AFTER THE SURROGACY AGREEMENT WAS EXECUTED.
   (B) THE PROCEEDING MAY BE COMMENCED AT ANY TIME  AFTER  THE  SURROGACY
 AGREEMENT  HAS  BEEN EXECUTED AND THE PERSON ACTING AS SURROGATE AND ALL
 INTENDED PARENTS ARE NECESSARY PARTIES.
   (C) THE PETITION FOR A JUDGMENT OF  PARENTAGE  MUST  BE  VERIFIED  AND
 INCLUDE THE FOLLOWING:
   (1) A STATEMENT THAT THE PERSON ACTING AS SURROGATE OR AT LEAST ONE OF
 THE INTENDED PARENTS HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST NINE-
 TY DAYS AT THE TIME THE SURROGACY AGREEMENT WAS EXECUTED; AND
   (2) A CERTIFICATION FROM THE ATTORNEY REPRESENTING THE INTENDED PARENT
 OR  PARENTS AND THE ATTORNEY REPRESENTING THE PERSON ACTING AS SURROGATE
 THAT THE REQUIREMENTS OF PART FOUR OF THIS ARTICLE HAVE BEEN MET; AND
   (3) A STATEMENT FROM ALL PARTIES TO THE SURROGACY AGREEMENT THAT  THEY
 KNOWINGLY  AND VOLUNTARILY ENTERED INTO THE SURROGACY AGREEMENT AND THAT
 THE PARTIES ARE JOINTLY REQUESTING THE JUDGMENT OF PARENTAGE.
   (D) WHERE A PETITION SATISFIES SUBDIVISION (C)  OF  THIS  SECTION  THE
 COURT   SHALL   ISSUE   A  JUDGMENT  OF  PARENTAGE,  WITHOUT  ADDITIONAL
 PROCEEDINGS OR DOCUMENTATION:
   (1) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING  THE  TERM
 OF  THE SURROGACY AGREEMENT, THE INTENDED PARENT OR PARENTS ARE THE ONLY
 LEGAL PARENT OR PARENTS OF THE CHILD;
   (2) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING  THE  TERM
 OF  THE  SURROGACY  AGREEMENT,  THE  PERSON ACTING AS SURROGATE, AND THE
 SPOUSE OF THE PERSON ACTING AS SURROGATE,  IF  ANY,  IS  NOT  THE  LEGAL
 PARENT OF THE CHILD;
   (3) DECLARING THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM OF
 THE  SURROGACY AGREEMENT, THE DONORS, IF ANY, ARE NOT THE PARENTS OF THE
 CHILD;
   (4) ORDERING THE PERSON ACTING AS SURROGATE  AND  THE  SPOUSE  OF  THE
 PERSON  ACTING  AS  SURROGATE,  IF  ANY,  TO  TRANSFER  THE CHILD TO THE
 INTENDED PARENT OR PARENTS IF THIS HAS NOT ALREADY OCCURRED;
   (5) ORDERING THE INTENDED PARENT OR PARENTS TO  ASSUME  RESPONSIBILITY
 FOR  THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
 OF THE CHILD; AND
   (6) ORDERING THAT:
   (I) PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE  JUDICIARY  LAW,
 THE  CLERK  OF  THE  COURT  SHALL  TRANSMIT TO THE STATE COMMISSIONER OF
 HEALTH, OR FOR A PERSON BORN IN NEW YORK CITY, TO  THE  COMMISSIONER  OF
 HEALTH  OF THE CITY OF NEW YORK, ON A FORM PRESCRIBED BY THE COMMISSION-
 ER, A WRITTEN NOTIFICATION OF SUCH ENTRY TOGETHER WITH SUCH OTHER  FACTS
 AS  MAY  ASSIST  IN  IDENTIFYING  THE  BIRTH  RECORD OF THE PERSON WHOSE
 PARENTAGE WAS IN ISSUE AND, IF  THE  PERSON  WHOSE  PARENTAGE  HAS  BEEN
 DETERMINED IS UNDER EIGHTEEN YEARS OF AGE, THE CLERK SHALL ALSO TRANSMIT
 TO  THE  REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL SERVICES PURSUANT
 TO SECTION THREE HUNDRED SEVENTY-TWO-C OF  THE  SOCIAL  SERVICES  LAW  A
 NOTIFICATION OF THE DETERMINATION; AND
   (II)  PURSUANT TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT OF THE PUBLIC
 HEALTH LAW AND NYC PUBLIC HEALTH CODE SECTION 207.05 THAT  UPON  RECEIPT

 S. 7506--A                         72                         A. 9506--A
 
 OF  A  JUDGEMENT  OF PARENTAGE THE LOCAL REGISTRAR WHERE A CHILD IS BORN
 WILL REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT  OF
 HEALTH  IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
 ICATE HAS ALREADY BEEN ISSUED, THE APPROPRIATE DEPARTMENT OF HEALTH WILL
 AMEND  THE  BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND SEAL THE PREVI-
 OUSLY ISSUED BIRTH CERTIFICATE.
   (E) IN THE EVENT THE CERTIFICATION REQUIRED BY PARAGRAPH TWO OF SUBDI-
 VISION (C) OF THIS SECTION CANNOT BE MADE  BECAUSE  OF  A  TECHNICAL  OR
 NON-MATERIAL  DEVIATION FROM THE REQUIREMENTS OF THIS ARTICLE; THE COURT
 MAY NEVERTHELESS ENFORCE THE AGREEMENT AND ISSUE A JUDGMENT OF PARENTAGE
 IF THE COURT DETERMINES THE AGREEMENT IS IN SUBSTANTIAL COMPLIANCE  WITH
 THE  REQUIREMENTS OF THIS ARTICLE.  IN THE EVENT THAT ANY OTHER REQUIRE-
 MENTS OF SUBDIVISION (C) ARE NOT MET, THE COURT SHALL DETERMINE  PARENT-
 AGE ACCORDING TO PART FOUR OF THIS ARTICLE.
   § 581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE SPOUSES.
 NOTWITHSTANDING  OR WITHOUT LIMITATION ON PRESUMPTIONS OF PARENTAGE THAT
 APPLY, A JUDGMENT OF PARENTAGE  MAY  BE  OBTAINED  UNDER  THIS  PART  BY
 INTENDED  PARENTS  WHO ARE EACH OTHER'S SPOUSE.  NOTHING IN THIS SECTION
 REQUIRES INTENDED PARENTS TO BE MARRIED TO EACH OTHER  IN  ORDER  TO  BE
 JOINTLY DECLARED THE PARENTS OF THE CHILD.
   §   581-205.   INSPECTION   OF  RECORDS.  COURT  RECORDS  RELATING  TO
 PROCEEDINGS UNDER THIS ARTICLE SHALL BE SEALED, PROVIDED, HOWEVER,  THAT
 THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, A CHILD SUPPORT UNIT
 OF A SOCIAL SERVICES DISTRICT OR A CHILD SUPPORT AGENCY OF ANOTHER STATE
 PROVIDING CHILD SUPPORT SERVICES PURSUANT TO TITLE IV-D OF  THE  FEDERAL
 SOCIAL  SECURITY  ACT,  TO THE EXTENT NECESSARY TO PROVIDE CHILD SUPPORT
 SERVICES OR FOR THE ADMINISTRATION OF THE PROGRAM PURSUANT TO TITLE IV-D
 OF THE FEDERAL SOCIAL SECURITY ACT, MAY OBTAIN A COPY OF A  JUDGMENT  OF
 PARENTAGE.  THE  PARTIES  TO THE PROCEEDING AND THE CHILD SHALL HAVE THE
 RIGHT  TO INSPECT  THE  ENTIRE COURT RECORD, INCLUDING,  BUT NOT  LIMIT-
 ED TO, THE NAME OF THE PERSON ACTING AS SURROGATE AND ANY KNOWN DONORS.
   § 581-206. JURISDICTION, AND EXCLUSIVE  CONTINUING  JURISDICTION.  (A)
 PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE INSTITUTED IN THE SUPREME OR
 FAMILY COURT OR SURROGATES COURT.
   (B)  SUBJECT TO THE JURISDICTIONAL STANDARDS OF SECTION SEVENTY-SIX OF
 THE DOMESTIC RELATIONS LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS
 ARTICLE HAS EXCLUSIVE, CONTINUING JURISDICTION OF ALL  MATTERS  RELATING
 TO THE DETERMINATION OF PARENTAGE UNTIL THE CHILD ATTAINS THE AGE OF ONE
 HUNDRED EIGHTY DAYS.
 
                                  PART 3
                      CHILD OF ASSISTED REPRODUCTION
 SECTION 581-301. SCOPE OF ARTICLE.
         581-302. STATUS OF DONOR.
         581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
         581-304. CONSENT TO ASSISTED REPRODUCTION.
         581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
                    ASSISTED REPRODUCTION.
         581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
                    PARENTS  WHICH  TRANSFERS  LEGAL  RIGHTS AND DISPOSI-
                    TIONAL CONTROL TO ONE INTENDED PARENT.
         581-307. EFFECT OF DEATH OF INTENDED PARENT.
   § 581-301. SCOPE OF ARTICLE.  THIS ARTICLE DOES NOT APPLY TO THE BIRTH
 OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.

 S. 7506--A                         73                         A. 9506--A

   § 581-302. STATUS OF DONOR.   A DONOR IS  NOT  A  PARENT  OF  A  CHILD
 CONCEIVED  BY  MEANS  OF  ASSISTED  REPRODUCTION WHERE THERE IS PROOF OF
 DONATIVE INTENT UNDER SECTION 581-202(D) OF THIS ARTICLE.
   §  581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.  (A) AN INDI-
 VIDUAL WHO PROVIDES GAMETES FOR, OR WHO CONSENTS  TO,  ASSISTED  REPROD-
 UCTION  WITH  THE INTENT TO BE A PARENT OF THE CHILD WITH THE CONSENT OF
 THE GESTATING PARENT AS PROVIDED IN SECTION 581-304 OF THIS PART,  IS  A
 PARENT OF THE RESULTING CHILD FOR ALL LEGAL PURPOSES.
   (B)  THE  COURT  SHALL  ISSUE A JUDGMENT OF PARENTAGE PURSUANT TO THIS
 ARTICLE UPON APPLICATION BY ANY PARTICIPANT.
   § 581-304. CONSENT TO ASSISTED REPRODUCTION.  (A) WHERE  THE  INTENDED
 PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPRODUCTION IS A
 SPOUSE,  THE  CONSENT  OF  BOTH  SPOUSES TO THE ASSISTED REPRODUCTION IS
 PRESUMED AND NEITHER SPOUSE MAY CHALLENGE THE PARENTAGE  OF  THE  CHILD,
 EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
   (B)  WHERE  THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF
 ASSISTED REPRODUCTION IS NOT A  SPOUSE,  THE  CONSENT  TO  THE  ASSISTED
 REPRODUCTION  MUST  BE  IN  A RECORD IN SUCH A MANNER AS TO INDICATE THE
 MUTUAL AGREEMENT OF THE INTENDED PARENTS TO CONCEIVE AND PARENT A  CHILD
 TOGETHER.
   (C)  THE  ABSENCE  OF  A  RECORD  DESCRIBED IN SUBDIVISION (B) OF THIS
 SECTION SHALL NOT PRECLUDE A FINDING THAT SUCH CONSENT  EXISTED  IF  THE
 COURT  FINDS  BY  CLEAR  AND CONVINCING EVIDENCE THAT AT THE TIME OF THE
 ASSISTED REPRODUCTION THE INTENDED PARENTS AGREED TO CONCEIVE AND PARENT
 THE CHILD TOGETHER.
   § 581-305. LIMITATION ON SPOUSES' DISPUTE OF  PARENTAGE  OF  CHILD  OF
 ASSISTED  REPRODUCTION.    (A)  NEITHER SPOUSE MAY CHALLENGE THE MARITAL
 PRESUMPTION OF PARENTAGE OF A CHILD  CREATED  BY  ASSISTED  REPRODUCTION
 DURING THE MARRIAGE UNLESS ONE SPOUSE USED ASSISTED REPRODUCTION WITHOUT
 THE KNOWLEDGE AND CONSENT OF THE OTHER SPOUSE.
   (B)  NOTWITHSTANDING  THE  FOREGOING,  A  MARRIED  INDIVIDUAL  MAY USE
 ASSISTED REPRODUCTION AND THE MARITAL PRESUMPTION SHALL NOT APPLY IF THE
 SPOUSES:
   (1) ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT  OF
 SEPARATION  OR  PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION SUBSCRIBED
 BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE  FORM  REQUIRED
 TO ENTITLE A DEED TO BE RECORDED; OR
   (2) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS PRIOR
 TO THE USE OF ASSISTED REPRODUCTION.
   (C)  THE  LIMITATION  PROVIDED  IN  THIS  SECTION APPLIES TO A SPOUSAL
 RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED  REPRODUCTION
 OR ARTIFICIAL INSEMINATION.
   §  581-306.  EFFECT  OF  EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
 PARENTS WHICH TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL  CONTROL  TO  ONE
 INTENDED  PARENT.  (A)  AN EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
 PARENTS WITH JOINT DISPOSITIONAL CONTROL OF AN EMBRYO SHALL  BE  BINDING
 UNDER THE FOLLOWING CIRCUMSTANCES:
   (1) IT IS IN WRITING;
   (2)  EACH  INTENDED PARENT HAD THE ADVICE OF INDEPENDENT LEGAL COUNSEL
 PRIOR TO ITS EXECUTION; AND
   (3) WHERE THE INTENDED PARENTS ARE MARRIED, TRANSFER OF  LEGAL  RIGHTS
 AND DISPOSITIONAL CONTROL OCCURS ONLY UPON DIVORCE.
   (B)  THE  INTENDED PARENT WHO TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL
 CONTROL OF THE EMBRYO IS NOT A PARENT OF ANY CHILD  CONCEIVED  FROM  THE
 EMBRYO  UNLESS  THE  AGREEMENT  STATES  THAT  HE OR SHE CONSENTS TO BE A

 S. 7506--A                         74                         A. 9506--A
 
 PARENT AND THAT CONSENT IS NOT WITHDRAWN CONSISTENT WITH SUBDIVISION (C)
 OF THIS SECTION.
   (C) IF THE INTENDED PARENT TRANSFERRING LEGAL RIGHTS AND DISPOSITIONAL
 CONTROL  CONSENTS  TO  BE  A  PARENT,  HE OR SHE MAY WITHDRAW HIS OR HER
 CONSENT TO BE A PARENT UPON WRITTEN NOTICE TO THE EMBRYO STORAGE FACILI-
 TY AND TO THE OTHER INTENDED PARENT PRIOR TO TRANSFER OF THE EMBRYO.  IF
 HE  OR  SHE  TIMELY  WITHDRAWS CONSENT TO BE A PARENT HE OR SHE IS NOT A
 PARENT FOR ANY PURPOSE INCLUDING  SUPPORT  OBLIGATIONS  BUT  THE  EMBRYO
 TRANSFER MAY STILL PROCEED.
   (D)  AN  EMBRYO DISPOSITION AGREEMENT OR ADVANCE DIRECTIVE THAT IS NOT
 IN COMPLIANCE WITH SUBDIVISION (A) OF THIS SECTION MAY STILL BE FOUND TO
 BE ENFORCEABLE BY THE COURT AFTER BALANCING THE RESPECTIVE INTERESTS  OF
 THE  PARTIES EXCEPT THAT THE INTENDED PARENT WHO DIVESTED HIM OR HERSELF
 OF LEGAL RIGHTS AND DISPOSITIONAL CONTROL MAY NOT BE DECLARED  TO  BE  A
 PARENT  FOR  ANY  PURPOSE WITHOUT HIS OR HER CONSENT. THE PARENT AWARDED
 LEGAL RIGHTS AND DISPOSITIONAL CONTROL OF THE  EMBRYOS  SHALL,  IN  THIS
 INSTANCE, BE DECLARED TO BE THE ONLY PARENT OF THE CHILD.
   §  581-307.  EFFECT OF DEATH OF INTENDED PARENT.  IF AN INDIVIDUAL WHO
 CONSENTED IN A RECORD TO BE  A  PARENT  BY  ASSISTED  REPRODUCTION  DIES
 BEFORE  THE TRANSFER OF EGGS, SPERM, OR EMBRYOS, THE DECEASED INDIVIDUAL
 IS NOT A PARENT OF THE RESULTING CHILD UNLESS  THE  DECEASED  INDIVIDUAL
 CONSENTED IN A SIGNED RECORD THAT IF ASSISTED REPRODUCTION WERE TO OCCUR
 AFTER  DEATH,  THE  DECEASED  INDIVIDUAL WOULD BE A PARENT OF THE CHILD,
 PROVIDED THAT THE RECORD COMPLIES WITH THE ESTATES,  POWERS  AND  TRUSTS
 LAW.
                                  PART 4
                            SURROGACY AGREEMENT
 SECTION 581-401. SURROGACY AGREEMENT AUTHORIZED.
         581-402. ELIGIBILITY TO ENTER SURROGACY AGREEMENT.
         581-403. REQUIREMENTS OF SURROGACY AGREEMENT.
         581-404. SURROGACY   AGREEMENT:  EFFECT  OF  SUBSEQUENT  SPOUSAL
                    RELATIONSHIP.
         581-405. TERMINATION OF SURROGACY AGREEMENT.
         581-406. PARENTAGE UNDER COMPLIANT SURROGACY AGREEMENT.
         581-407. INSUFFICIENT SURROGACY AGREEMENT.
         581-408. ABSENCE OF SURROGACY AGREEMENT.
         581-409. DISPUTE AS TO SURROGACY AGREEMENT.
   § 581-401. SURROGACY AGREEMENT AUTHORIZED.  (A) IF ELIGIBLE UNDER THIS
 ARTICLE TO ENTER INTO A SURROGACY AGREEMENT, A PERSON ACTING  AS  SURRO-
 GATE,  THE  SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, AND
 THE INTENDED PARENT OR PARENTS MAY  ENTER  INTO  A  SURROGACY  AGREEMENT
 WHICH  WILL  BE  ENFORCEABLE  PROVIDED THE SURROGACY AGREEMENT MEETS THE
 REQUIREMENTS OF THIS ARTICLE.
   (B) A SURROGACY AGREEMENT SHALL NOT APPLY TO  THE  BIRTH  OF  A  CHILD
 CONCEIVED  BY MEANS OF SEXUAL INTERCOURSE, OR WHERE THE PERSON ACTING AS
 SURROGATE CONTRIBUTED THE EGG USED IN CONCEPTION.
   (C) A SURROGACY AGREEMENT MAY  PROVIDE  FOR  PAYMENT  OF  COMPENSATION
 UNDER PART FIVE OF THIS ARTICLE.
   §  581-402.  ELIGIBILITY  TO ENTER SURROGACY AGREEMENT.   (A) A PERSON
 ACTING AS SURROGATE SHALL BE  ELIGIBLE  TO  ENTER  INTO  AN  ENFORCEABLE
 SURROGACY AGREEMENT UNDER THIS ARTICLE IF THE PERSON ACTING AS SURROGATE
 HAS  MET  THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY AGREEMENT
 IS EXECUTED:
   (1) THE PERSON ACTING AS SURROGATE IS AT  LEAST  TWENTY-ONE  YEARS  OF
 AGE; AND

 S. 7506--A                         75                         A. 9506--A

   (2)  THE  PERSON  ACTING  AS SURROGATE IS A UNITED STATES CITIZEN OR A
 LAWFUL PERMANENT RESIDENT OR OTHER HABITUAL RESIDENT;
   (3)  THE  PERSON  ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO
 CONCEIVE THE RESULTING CHILD; AND
   (4) THE PERSON ACTING AS SURROGATE HAS COMPLETED A MEDICAL  EVALUATION
 WITH  A  HEALTH CARE PRACTITIONER RELATING TO THE ANTICIPATED PREGNANCY;
 AND
   (5) THE PERSON ACTING AS SURROGATE,  AND  THE  SPOUSE  OF  THE  PERSON
 ACTING AS SURROGATE, IF APPLICABLE, HAVE BEEN REPRESENTED THROUGHOUT THE
 CONTRACTUAL  PROCESS  AND THE DURATION OF THE CONTRACT AND ITS EXECUTION
 BY INDEPENDENT LEGAL COUNSEL OF THEIR OWN CHOOSING WHO  IS  LICENSED  TO
 PRACTICE  LAW  IN  THE  STATE OF NEW YORK WHICH SHALL BE PAID FOR BY THE
 INTENDED PARENT OR PARENTS EXCEPT THAT A PERSON ACTING AS SURROGATE  WHO
 IS  RECEIVING  NO  COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED
 PARENT OR PARENTS PAY THE FEE FOR SUCH LEGAL COUNSEL. WHERE THE INTENDED
 PARENT OR PARENTS ARE PAYING FOR THE INDEPENDENT LEGAL  COUNSEL  OF  THE
 PERSON  ACTING  AS  SURROGATE,  AND  THE  SPOUSE OF THE PERSON ACTING AS
 SURROGATE,  IF  APPLICABLE,  A  SEPARATE  RETAINER  AGREEMENT  SHALL  BE
 PREPARED CLEARLY STATING THAT SUCH LEGAL COUNSEL WILL ONLY REPRESENT THE
 PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING AS SURRO-
 GATE,  IF  APPLICABLE, IN ALL MATTERS PERTAINING TO THE SURROGACY AGREE-
 MENT, THAT SUCH LEGAL COUNSEL WILL NOT OFFER LEGAL ADVICE TO  ANY  OTHER
 PARTIES  TO  THE  SURROGACY  AGREEMENT,  AND  THAT  THE  ATTORNEY-CLIENT
 RELATIONSHIP LIES WITH THE PERSON ACTING AS SURROGATE AND THE SPOUSE  OF
 THE PERSON ACTING AS SURROGATE, IF APPLICABLE; AND
   (6)  THE  PERSON  ACTING  AS SURROGATE HAS, OR THE SURROGACY AGREEMENT
 STIPULATES THAT PRIOR TO THE  EMBRYO  TRANSFER,  THE  PERSON  ACTING  AS
 SURROGATE  WILL  OBTAIN  A  COMPREHENSIVE  HEALTH  INSURANCE POLICY THAT
 COVERS MAJOR MEDICAL TREATMENTS AND HOSPITALIZATION AS WELL AS A  SURRO-
 GATE  PREGNANCY;  THE  POLICY  SHALL  BE  PAID  FOR, WHETHER DIRECTLY OR
 THROUGH REIMBURSEMENT OR OTHER MEANS, BY THE INTENDED PARENT OR  PARENTS
 ON  BEHALF  OF  THE PERSON ACTING AS SURROGATE PURSUANT TO THE SURROGACY
 AGREEMENT, IF SUCH POLICY COMES AT AN  ADDITIONAL  COST  TO  THE  PERSON
 ACTING  AS  A SURROGATE, EXCEPT THAT A PERSON ACTING AS SURROGATE WHO IS
 RECEIVING NO COMPENSATION MAY WAIVE  THE  RIGHT  TO  HAVE  THE  INTENDED
 PARENT  OR  PARENTS  PAY  FOR THE HEALTH INSURANCE POLICY.  THE INTENDED
 PARENT OR PARENTS SHALL ALSO PAY FOR OR REIMBURSE THE PERSON  ACTING  AS
 SURROGATE  FOR  ALL CO-PAYMENTS, DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET
 MEDICAL COSTS ASSOCIATED  WITH  THE  MEDICAL  EVALUATION,  PSYCHOLOGICAL
 SCREENING,  EMBRYO TRANSFERS, PREGNANCY AND POST-NATAL CARE, THAT ACCRUE
 THROUGH TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF  THE
 PREGNANCY,  EXCEPT  THAT SUCH RESPONSIBILITY SHALL BE EXTENDED FOR UP TO
 SIX MONTHS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF THE  PREGNANCY
 IN  THE  EVENT  A MEDICAL COMPLICATION RELATED TO THE PREGNANCY IS DIAG-
 NOSED WITHIN TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR TERMINATION OF
 THE PREGNANCY. A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO  COMPEN-
 SATION  MAY  WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS MAKE
 SUCH PAYMENTS OR REIMBURSEMENTS.
   (B) THE INTENDED PARENT OR PARENTS SHALL BE ELIGIBLE TO ENTER INTO  AN
 ENFORCEABLE  SURROGACY  AGREEMENT  UNDER THIS ARTICLE IF HE, SHE OR THEY
 HAVE MET THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY  AGREEMENT
 WAS EXECUTED:
   (1)  AT  LEAST  ONE  INTENDED  PARENT  IS A UNITED STATES CITIZEN OR A
 LAWFUL PERMANENT RESIDENT OR OTHER HABITUAL AND RESIDENT;
   (2) THE INTENDED PARENT OR PARENTS HAS BEEN REPRESENTED THROUGHOUT THE
 CONTRACTUAL PROCESS AND THE DURATION OF THE CONTRACT AND  ITS  EXECUTION

 S. 7506--A                         76                         A. 9506--A
 
 BY  INDEPENDENT  LEGAL  COUNSEL OF HIS, HER OR THEIR OWN CHOOSING WHO IS
 LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK; AND
   (3) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
 OR  ADULT  SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE INTIMATE PARTNERS
 TOGETHER, EXCEPT AN ADULT IN A SPOUSAL RELATIONSHIP IS ELIGIBLE TO ENTER
 INTO AN ENFORCEABLE SURROGACY AGREEMENT WITHOUT HIS OR HER SPOUSE IF:
   (I) THEY ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE  OR  JUDG-
 MENT  OF  SEPARATION  OR  PURSUANT  TO A WRITTEN AGREEMENT OF SEPARATION
 SUBSCRIBED BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM
 REQUIRED TO ENTITLE A DEED TO BE RECORDED; OR
   (II) THEY HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
 PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT.
   (C) WHERE THE SPOUSE OF AN INTENDED PARENT IS NOT A REQUIRED PARTY  TO
 THE  AGREEMENT,  THE SPOUSE IS NOT AN INTENDED PARENT AND SHALL NOT HAVE
 RIGHTS OR OBLIGATIONS TO THE CHILD.
   § 581-403. REQUIREMENTS OF SURROGACY AGREEMENT. A SURROGACY  AGREEMENT
 SHALL  BE  DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF THIS ARTICLE AND
 BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
   (A) IT SHALL BE IN A SIGNED RECORD VERIFIED  OR  EXECUTED  BEFORE  TWO
 NON-PARTY WITNESSES BY:
   (1) EACH INTENDED PARENT, AND
   (2)  THE  PERSON  ACTING  AS  SURROGATE,  AND THE SPOUSE OF THE PERSON
 ACTING AS SURROGATE, IF ANY, UNLESS:
   (I) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
 AS SURROGATE ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
 MENT OF SEPARATION OR PURSUANT TO  A  WRITTEN  AGREEMENT  OF  SEPARATION
 SUBSCRIBED BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM
 REQUIRED TO ENTITLE A DEED TO BE RECORDED; OR
   (II)  HAVE  BEEN  LIVING  SEPARATE  AND APART FOR AT LEAST THREE YEARS
 PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT; AND
   (B) IT SHALL BE EXECUTED PRIOR TO THE EMBRYO TRANSFER; AND
   (C) IT SHALL BE EXECUTED BY A PERSON ACTING AS SURROGATE  MEETING  THE
 ELIGIBILITY  REQUIREMENTS  OF SUBDIVISION (A) OF SECTION 581-402 OF THIS
 PART AND BY THE SPOUSE OF THE PERSON ACTING  AS  SURROGATE,  UNLESS  THE
 SIGNATURE  OF  THE  SPOUSE  OF  THE  PERSON  ACTING  AS SURROGATE IS NOT
 REQUIRED AS SET FORTH IN THIS SECTION; AND
   (D) IT SHALL BE EXECUTED BY INTENDED PARENT OR  PARENTS  WHO  MET  THE
 ELIGIBILITY  REQUIREMENTS  OF SUBDIVISION (B) OF SECTION 581-402 OF THIS
 PART; AND
   (E) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
 AS SURROGATE, IF APPLICABLE, AND THE INTENDED PARENT  OR  PARENTS  SHALL
 HAVE  BEEN  REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE DURA-
 TION OF THE CONTRACT AND ITS EXECUTION BY  SEPARATE,  INDEPENDENT  LEGAL
 COUNSEL OF THEIR OWN CHOOSING; AND
   (F)  IF  THE  SURROGACY  AGREEMENT PROVIDES FOR THE PAYMENT OF COMPEN-
 SATION TO THE PERSON ACTING AS SURROGATE, THE  FUNDS  FOR  BASE  COMPEN-
 SATION  AND  REASONABLE  ANTICIPATED ADDITIONAL EXPENSES SHALL HAVE BEEN
 PLACED IN ESCROW WITH AN INDEPENDENT ESCROW AGENT PRIOR  TO  THE  PERSON
 ACTING  AS  SURROGATE  COMMENCING  WITH ANY MEDICAL PROCEDURE OTHER THAN
 MEDICAL EVALUATIONS NECESSARY TO DETERMINE THE PERSON ACTING  AS  SURRO-
 GATE'S ELIGIBILITY; AND
   (G)  THE  SURROGACY  AGREEMENT MUST INCLUDE INFORMATION DISCLOSING HOW
 THE INTENDED PARENT OR PARENTS WILL COVER THE MEDICAL  EXPENSES  OF  THE
 PERSON  ACTING  AS SURROGATE AND THE CHILD. IF COMPREHENSIVE HEALTH CARE
 COVERAGE IS USED TO COVER THE MEDICAL  EXPENSES,  THE  DISCLOSURE  SHALL
 INCLUDE  A  REVIEW  AND  SUMMARY  OF  THE  HEALTH CARE POLICY PROVISIONS

 S. 7506--A                         77                         A. 9506--A
 
 RELATED TO COVERAGE AND EXCLUSIONS FOR THE PERSON ACTING AS  SURROGATE'S
 PREGNANCY.
   (H)  THE  SURROGACY  AGREEMENT  MUST  COMPLY WITH ALL OF THE FOLLOWING
 TERMS:
   (1) AS TO THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE  PERSON
 ACTING AS SURROGATE, IF APPLICABLE:
   (I)  THE  PERSON ACTING AS SURROGATE AGREES TO UNDERGO EMBRYO TRANSFER
 AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
   (II) THE PERSON ACTING AS SURROGATE  AND  THE  SPOUSE  OF  THE  PERSON
 ACTING  AS  SURROGATE,  IF APPLICABLE, AGREE TO SURRENDER CUSTODY OF ALL
 RESULTING CHILDREN TO THE INTENDED PARENT OR  PARENTS  IMMEDIATELY  UPON
 BIRTH; AND
   (III)  THE  SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
 REPRESENTING THE PERSON ACTING AS  SURROGATE  AND,  IF  APPLICABLE,  THE
 SPOUSE OF THE PERSON ACTING AS SURROGATE; AND
   (IV)  THE  SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS SURRO-
 GATE TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING  THEMSELVES  AND
 THEIR  PREGNANCY  INCLUDING  BUT NOT LIMITED TO, WHETHER TO CONSENT TO A
 CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER,  AND  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS  IN  THIS  CHAPTER, PROVISIONS IN THE AGREEMENT TO THE
 CONTRARY ARE VOID AND UNENFORCEABLE. THIS ARTICLE DOES NOT DIMINISH  THE
 RIGHT OF THE PERSON ACTING AS SURROGATE TO TERMINATE OR CONTINUE A PREG-
 NANCY; AND
   (V) THE SURROGACY AGREEMENT SHALL PERMIT THE PERSON ACTING AS A SURRO-
 GATE  TO  UTILIZE  THE  SERVICES  OF  A  HEALTH CARE PRACTITIONER OF THE
 PERSON'S CHOOSING; AND
   (VI) THE SURROGACY AGREEMENT SHALL NOT LIMIT THE RIGHT OF  THE  PERSON
 ACTING  AS SURROGATE TO TERMINATE OR CONTINUE THE PREGNANCY OR REDUCE OR
 RETAIN THE NUMBER OF FETUSES OR EMBRYOS THE PERSON IS CARRYING; AND
   (VII) THE SURROGACY AGREEMENT SHALL  PROVIDE  THAT,  UPON  THE  PERSON
 ACTING  AS  SURROGATE'S  REQUEST, THE INTENDED PARENT OR PARENTS HAVE OR
 WILL PROCURE AND PAY FOR A LIFE INSURANCE POLICY AND  DISABILITY  INSUR-
 ANCE  POLICY  FOR  THE  PERSON ACTING AS SURROGATE; THE PERSON ACTING AS
 SURROGATE MAY DESIGNATE THE BENEFICIARY OF THE PERSON'S CHOOSING; AND
   (VIII) THE SURROGACY AGREEMENT SHALL PROVIDE  FOR  THE  RIGHT  OF  THE
 PERSON  ACTING  AS  SURROGATE,  UPON  REQUEST,  TO  OBTAIN COUNSELING TO
 ADDRESS ISSUES RESULTING FROM THE PERSON'S PARTICIPATION IN THE SURROGA-
 CY AGREEMENT. THE COST OF THAT COUNSELING SHALL BE PAID BY THE  INTENDED
 PARENT OR PARENTS.
   (2) AS TO THE INTENDED PARENT OR PARENTS:
   (I)  THE  INTENDED  PARENT  OR  PARENTS AGREE TO ACCEPT CUSTODY OF ALL
 RESULTING CHILDREN IMMEDIATELY UPON BIRTH REGARDLESS OF NUMBER,  GENDER,
 OR  MENTAL  OR PHYSICAL CONDITION AND REGARDLESS OF WHETHER THE INTENDED
 EMBRYOS WERE TRANSFERRED DUE TO A LABORATORY ERROR  WITHOUT  DIMINISHING
 THE  RIGHTS,  IF  ANY,  OF  ANYONE  CLAIMING TO HAVE A SUPERIOR PARENTAL
 INTEREST IN THE CHILD; AND
   (II) THE INTENDED PARENT OR PARENTS AGREE TO ASSUME RESPONSIBILITY FOR
 THE SUPPORT OF ALL RESULTING CHILDREN IMMEDIATELY UPON BIRTH; AND
   (III) THE SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF  THE  ATTORNEY
 REPRESENTING THE INTENDED PARENT OR PARENTS; AND
   (IV)  THE  SURROGACY AGREEMENT SHALL PROVIDE THAT THE RIGHTS AND OBLI-
 GATIONS OF THE INTENDED PARENT OR PARENTS UNDER THE SURROGACY  AGREEMENT
 ARE NOT ASSIGNABLE; AND
   (V)  THE  INTENDED PARENT OR PARENTS AGREE TO EXECUTE A WILL, PRIOR TO
 THE EMBRYO TRANSFER, DESIGNATING A GUARDIAN FOR ALL  RESULTING  CHILDREN

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 AND  AUTHORIZING  THEIR  EXECUTOR  TO  PERFORM  THE INTENDED PARENT'S OR
 PARENTS' OBLIGATIONS PURSUANT TO THE SURROGACY AGREEMENT.
   § 581-404. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL RELATION-
 SHIP.  (A) AFTER THE EXECUTION OF A SURROGACY AGREEMENT UNDER THIS ARTI-
 CLE, THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE PERSON ACTING AS  SURRO-
 GATE  DOES NOT AFFECT THE VALIDITY OF A SURROGACY AGREEMENT, THE CONSENT
 OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE TO THE  AGREEMENT  SHALL
 NOT  BE REQUIRED, AND THE SPOUSE OF THE PERSON ACTING AS SURROGATE SHALL
 NOT BE THE PRESUMED PARENT OF ANY RESULTING CHILDREN.
   (B) THE SUBSEQUENT SEPARATION OR DIVORCE OF THE INTENDED PARENTS  DOES
 NOT  AFFECT  THE  RIGHTS,  DUTIES  AND  RESPONSIBILITIES OF THE INTENDED
 PARENTS AS OUTLINED IN THE SURROGACY AGREEMENT.  AFTER THE EXECUTION  OF
 A  SURROGACY  AGREEMENT  UNDER  THIS  ARTICLE,  THE  SUBSEQUENT  SPOUSAL
 RELATIONSHIP OF THE INTENDED PARENT DOES NOT AFFECT THE  VALIDITY  OF  A
 SURROGACY  AGREEMENT,  AND  THE  CONSENT  OF  THE SPOUSE OF THE INTENDED
 PARENT TO THE AGREEMENT SHALL NOT BE REQUIRED.
   § 581-405. TERMINATION OF SURROGACY AGREEMENT. AFTER THE EXECUTION  OF
 A  SURROGACY AGREEMENT BUT BEFORE THE PERSON ACTING AS SURROGATE BECOMES
 PREGNANT BY MEANS OF ASSISTED REPRODUCTION, THE PERSON ACTING AS  SURRO-
 GATE,  THE  SPOUSE  OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, OR
 ANY INTENDED PARENT MAY TERMINATE  THE  SURROGACY  AGREEMENT  BY  GIVING
 NOTICE  OF  TERMINATION  IN  A  RECORD TO ALL OTHER PARTIES. UPON PROPER
 TERMINATION OF THE SURROGACY AGREEMENT THE PARTIES ARE RELEASED FROM ALL
 OBLIGATIONS RECITED IN THE SURROGACY AGREEMENT EXCEPT THAT THE  INTENDED
 PARENT  OR  PARENTS  REMAINS RESPONSIBLE FOR ALL EXPENSES THAT ARE REIM-
 BURSABLE UNDER THE AGREEMENT WHICH HAVE  BEEN  INCURRED  BY  THE  PERSON
 ACTING  AS  SURROGATE THROUGH THE DATE OF TERMINATION. UNLESS THE AGREE-
 MENT PROVIDES OTHERWISE, THE PERSON ACTING AS SURROGATE IS  ENTITLED  TO
 KEEP  ALL  PAYMENTS RECEIVED AND OBTAIN ALL PAYMENTS TO WHICH THE PERSON
 IS ENTITLED UP UNTIL THE DATE OF TERMINATION. NEITHER A PERSON ACTING AS
 SURROGATE NOR THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF  ANY,  IS
 LIABLE  TO  THE  INTENDED  PARENT OR PARENTS FOR TERMINATING A SURROGACY
 AGREEMENT AS PROVIDED IN THIS SECTION.
   § 581-406. PARENTAGE UNDER COMPLIANT  SURROGACY  AGREEMENT.  UPON  THE
 BIRTH  OF  A  CHILD CONCEIVED BY ASSISTED REPRODUCTION UNDER A SURROGACY
 AGREEMENT THAT COMPLIES WITH THIS PART,  EACH  INTENDED  PARENT  IS,  BY
 OPERATION OF LAW, A PARENT OF THE CHILD AND NEITHER THE PERSON ACTING AS
 A SURROGATE NOR THE PERSON'S SPOUSE, IF ANY, IS A PARENT OF THE CHILD.
   §  581-407. INSUFFICIENT SURROGACY AGREEMENT. IF A SURROGACY AGREEMENT
 DOES NOT MEET THE MATERIAL REQUIREMENTS OF THIS ARTICLE,  THE  AGREEMENT
 IS  NOT ENFORCEABLE AND THE COURT SHALL DETERMINE PARENTAGE BASED ON THE
 INTENT OF THE PARTIES, TAKING INTO ACCOUNT THE  BEST  INTERESTS  OF  THE
 CHILD.   AN INTENDED PARENT'S ABSENCE OF GENETIC CONNECTION TO THE CHILD
 IS NOT A SUFFICIENT BASIS TO DENY THAT INDIVIDUAL A  JUDGMENT  OF  LEGAL
 PARENTAGE.
   § 581-408. ABSENCE OF SURROGACY AGREEMENT. WHERE THERE IS NO SURROGACY
 AGREEMENT,  THE PARENTAGE OF THE CHILD WILL BE DETERMINED BASED ON OTHER
 LAWS OF THIS STATE.
   § 581-409. DISPUTE AS TO SURROGACY AGREEMENT.  (A) UNLESS THE SURROGA-
 CY AGREEMENT  PROVIDES  FOR  MANDATORY  MEDIATION  OR  ARBITRATION,  ANY
 DISPUTE WHICH IS RELATED TO A SURROGACY AGREEMENT OTHER THAN DISPUTES AS
 TO  PARENTAGE SHALL BE RESOLVED BY THE SUPREME COURT, WHICH SHALL DETER-
 MINE THE  RESPECTIVE  RIGHTS  AND  OBLIGATIONS  OF  THE  PARTIES.    ANY
 PROVISION THAT PURPORTS TO REQUIRE MANDATORY MEDIATION OR ARBITRATION OF
 DISPUTES AS TO PARENTAGE SHALL BE VOID AND UNENFORCEABLE.

 S. 7506--A                         79                         A. 9506--A
 
   (B)  EXCEPT  AS  EXPRESSLY  PROVIDED  IN  THE SURROGACY AGREEMENT, THE
 INTENDED PARENT OR PARENTS AND THE PERSON ACTING AS SURROGATE  SHALL  BE
 ENTITLED  TO  ALL  REMEDIES  AVAILABLE  AT  LAW OR EQUITY IN ANY DISPUTE
 RELATED TO THE SURROGACY AGREEMENT.
   (C)  THERE  SHALL  BE  NO  SPECIFIC PERFORMANCE REMEDY AVAILABLE FOR A
 BREACH BY THE PERSON ACTING AS SURROGATE OF A SURROGACY  AGREEMENT  TERM
 THAT  REQUIRES  THE  PERSON  ACTING AS SURROGATE TO BE IMPREGNATED OR TO
 TERMINATE OR CONTINUE THE PREGNANCY OR TO REDUCE OR RETAIN THE NUMBER OF
 FETUSES OR EMBRYOS THE PERSON ACTING AS SURROGATE IS CARRYING.
 
                                  PART 5
            PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES
 SECTION 581-501. REIMBURSEMENT.
         581-502. COMPENSATION.
   § 581-501. REIMBURSEMENT.  A DONOR WHO HAS ENTERED INTO A VALID AGREE-
 MENT TO BE A DONOR MAY RECEIVE REIMBURSEMENT FROM AN INTENDED PARENT  OR
 PARENTS  FOR  ECONOMIC  LOSSES  INCURRED IN CONNECTION WITH THE DONATION
 WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBRYOS.
   § 581-502. COMPENSATION.  (A) COMPENSATION MAY BE PAID TO A  DONOR  OR
 PERSON  ACTING AS SURROGATE BASED ON MEDICAL RISKS, PHYSICAL DISCOMFORT,
 INCONVENIENCE  AND  THE  RESPONSIBILITIES  THEY   ARE   UNDERTAKING   IN
 CONNECTION WITH THEIR PARTICIPATION IN THE ASSISTED REPRODUCTION.  UNDER
 NO CIRCUMSTANCES MAY COMPENSATION BE PAID TO PURCHASE GAMETES OR EMBRYOS
 OR FOR THE RELEASE OF A PARENTAL INTEREST IN A CHILD.
   (B)  THE  COMPENSATION,  IF  ANY,  PAID TO A DONOR OR PERSON ACTING AS
 SURROGATE MUST BE REASONABLE AND NEGOTIATED IN GOOD  FAITH  BETWEEN  THE
 PARTIES,  AND  SAID  PAYMENTS  TO A PERSON ACTING AS SURROGATE SHALL NOT
 EXCEED THE DURATION OF THE PREGNANCY AND RECUPERATIVE PERIOD  OF  UP  TO
 EIGHT WEEKS AFTER THE BIRTH OF ANY RESULTING CHILDREN.
   (C)  COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
 GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
   (D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR  PHENO-
 TYPIC CHARACTERISTICS OF THE DONOR OR OF ANY RESULTING CHILDREN.
   (E)  COMPENSATION TO AN EMBRYO DONOR SHALL BE LIMITED TO STORAGE FEES,
 TRANSPORTATION COSTS AND ATTORNEYS' FEES.
 
                                  PART 6
                        SURROGATES' BILL OF RIGHTS
 SECTION 581-601. APPLICABILITY.
         581-602. HEALTH AND WELFARE DECISIONS.
         581-603. INDEPENDENT LEGAL COUNSEL.
         581-604. HEALTH INSURANCE AND MEDICAL COSTS.
         581-605. COUNSELING.
         581-606. LIFE AND DISABILITY INSURANCE.
         581-607. TERMINATION OF SURROGACY AGREEMENT.
   § 581-601. APPLICABILITY. THE RIGHTS ENUMERATED  IN  THIS  PART  SHALL
 APPLY  TO  ANY PERSON ACTING AS SURROGATE IN THIS STATE, NOTWITHSTANDING
 ANY SURROGACY AGREEMENT, JUDGMENT OF  PARENTAGE,  MEMORANDUM  OF  UNDER-
 STANDING,  VERBAL  AGREEMENT  OR  CONTRACT  TO THE CONTRARY.   EXCEPT AS
 OTHERWISE PROVIDED BY LAW, ANY WRITTEN OR VERBAL AGREEMENT PURPORTING TO
 WAIVE OR LIMIT ANY OF THE RIGHTS IN THIS PART IS VOID AS AGAINST  PUBLIC
 POLICY.    THE RIGHTS ENUMERATED IN THIS PART ARE NOT EXCLUSIVE, AND ARE
 IN ADDITION TO ANY OTHER RIGHTS PROVIDED BY LAW, REGULATION, OR A SURRO-
 GACY AGREEMENT THAT MEETS THE REQUIREMENTS OF THIS ARTICLE.
   § 581-602. HEALTH AND WELFARE DECISIONS. A PERSON ACTING AS  SURROGATE
 HAS  THE  RIGHT TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING THEM-

 S. 7506--A                         80                         A. 9506--A
 
 SELF AND THEIR PREGNANCY,  INCLUDING  BUT  NOT  LIMITED  TO  WHETHER  TO
 CONSENT  TO  A  CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER, TO UTILIZE
 THE SERVICES OF A HEALTH CARE PRACTITIONER OF THEIR CHOOSING, WHETHER TO
 TERMINATE OR CONTINUE THE PREGNANCY, AND WHETHER TO REDUCE OR RETAIN THE
 NUMBER OF FETUSES OR EMBRYOS THEY ARE CARRYING.
   § 581-603. INDEPENDENT LEGAL COUNSEL. A PERSON ACTING AS SURROGATE HAS
 THE  RIGHT  TO BE REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE
 DURATION OF THE SURROGACY AGREEMENT AND  ITS  EXECUTION  BY  INDEPENDENT
 LEGAL  COUNSEL  OF THEIR OWN CHOOSING WHO IS LICENSED TO PRACTICE LAW IN
 THE STATE OF NEW YORK, TO BE PAID FOR BY THE INTENDED PARENT OR PARENTS.
   § 581-604. HEALTH INSURANCE AND MEDICAL  COSTS.  A  PERSON  ACTING  AS
 SURROGATE MAY OBTAIN A COMPREHENSIVE HEALTH INSURANCE POLICY THAT COVERS
 MAJOR  MEDICAL  TREATMENTS  AND  HOSPITALIZATION  AS WELL AS A SURROGATE
 PREGNANCY; THE POLICY SHALL BE PAID FOR,  WHETHER  DIRECTLY  OR  THROUGH
 REIMBURSEMENT  OR  OTHER  MEANS,  BY  THE  INTENDED PARENT OR PARENTS ON
 BEHALF OF THE PERSON ACTING  AS  SURROGATE  PURSUANT  TO  THE  SURROGACY
 AGREEMENT,  IF  SUCH  POLICY  COMES  AT AN ADDITIONAL COST TO THE PERSON
 ACTING AS A SURROGATE. THE INTENDED PARENT OR PARENTS SHALL ALSO PAY FOR
 OR REIMBURSE THE PERSON ACTING AS SURROGATE FOR ALL CO-PAYMENTS, DEDUCT-
 IBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSOCIATED WITH PREGNAN-
 CY, MEDICAL EVALUATION, PSYCHOLOGICAL SCREENING OR EMBRYO TRANSFERS THAT
 ACCRUE THROUGH TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR  TERMINATION
 OF  THE PREGNANCY, EXCEPT THAT SUCH RESPONSIBILITY SHALL BE EXTENDED FOR
 UP TO SIX MONTHS AFTER THE BIRTH OF THE  CHILD  OR  TERMINATION  OF  THE
 PREGNANCY  IN  THE EVENT A MEDICAL COMPLICATION RELATED TO THE PREGNANCY
 IS DIAGNOSED WITHIN TWELVE WEEKS AFTER THE BIRTH OF THE CHILD OR  TERMI-
 NATION OF THE PREGNANCY.
   §  581-605.  COUNSELING. A PERSON ACTING AS SURROGATE HAS THE RIGHT TO
 OBTAIN COUNSELING TO ADDRESS ISSUES RESULTING FROM  THEIR  PARTICIPATION
 IN  A  SURROGACY  AGREEMENT,  TO  BE  PAID FOR BY THE INTENDED PARENT OR
 PARENTS.
   § 581-606. LIFE AND DISABILITY INSURANCE. A PERSON ACTING AS SURROGATE
 MAY OBTAIN A LIFE INSURANCE POLICY AND DISABILITY INSURANCE POLICY  WITH
 A  BENEFICIARY OR BENEFICIARIES OF THEIR CHOOSING, TO BE PAID FOR BY THE
 INTENDED PARENT OR PARENTS.
   § 581-607. TERMINATION OF SURROGACY  AGREEMENT.  A  PERSON  ACTING  AS
 SURROGATE  HAS  THE  RIGHT  TO  TERMINATE A SURROGACY AGREEMENT PRIOR TO
 BECOMING PREGNANT BY MEANS OF ASSISTED REPRODUCTION PURSUANT TO  SECTION
 581-405 OF THIS ARTICLE.
 
                                  PART 7
                         MISCELLANEOUS PROVISIONS
 SECTION 581-701. REMEDIAL.
         581-702. SEVERABILITY.
         581-703. PARENT  UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
                    LAW.
         581-704. INTERPRETATION.
   § 581-701. REMEDIAL.   THIS LEGISLATION IS HEREBY  DECLARED  TO  BE  A
 REMEDIAL  STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
 CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
   § 581-702. SEVERABILITY.  THE INVALIDATION OF ANY PART OF THIS  LEGIS-
 LATION  BY  A  COURT  OF  COMPETENT JURISDICTION SHALL NOT RESULT IN THE
 INVALIDATION OF ANY OTHER PART.
   § 581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
 THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL

 S. 7506--A                         81                         A. 9506--A
 
 INCLUDE A PERSON ESTABLISHED TO BE A PARENT UNDER THIS  ARTICLE  OR  ANY
 OTHER RELEVANT LAW.
   § 581-704. INTERPRETATION.  UNLESS  THE  CONTEXT  INDICATES OTHERWISE,
 WORDS IMPORTING THE SINGULAR  INCLUDE  AND  APPLY  TO  SEVERAL  PERSONS,
 PARTIES, OR THINGS; WORDS IMPORTING THE PLURAL INCLUDE THE SINGULAR.
   § 2. Section 73 of the domestic relations law is REPEALED.
   §  3.  Section  121 of the domestic relations law, as added by chapter
 308 of the laws of 1992, is amended to read as follows:
   § 121. Definitions. When used in this article, unless the  context  or
 subject matter manifestly requires a different interpretation:
   1.[ "Birth  mother"]  "GENETIC  SURROGATE" shall mean a [woman] PERSON
 who gives birth to a child WHO IS THE PERSON'S GENETIC CHILD pursuant to
 a GENETIC surrogate parenting [contract] AGREEMENT.
   2. ["Genetic father" shall mean a man who provides sperm for the birth
 of a child born pursuant to a surrogate parenting contract.
   3. "Genetic mother" shall mean a woman who provides an  ovum  for  the
 birth of a child born pursuant to a surrogate parenting contract.
   4. "Surrogate parenting contract"] "GENETIC SURROGATE PARENTING AGREE-
 MENT" shall mean any agreement, oral or written, in which:
   (a)  a  [woman] GENETIC SURROGATE agrees either to be inseminated with
 the sperm of a [man] PERSON who is not [her husband] THEIR SPOUSE or  to
 be  impregnated  with  an embryo that is the product of [an] THE GENETIC
 SURROGATE'S ovum fertilized with the sperm of a [man] PERSON who is  not
 [her husband] THEIR SPOUSE; and
   (b)  the [woman] GENETIC SURROGATE agrees to, or intends to, surrender
 or consent to the adoption of the child born as a result of such insemi-
 nation or impregnation.
   § 4. Section 122 of the domestic relations law, as  added  by  chapter
 308 of the laws of 1992, is amended to read as follows:
   §   122.   Public  policy.  [Surrogate]  GENETIC  SURROGATE  parenting
 [contracts] AGREEMENTS are hereby declared contrary to the public policy
 of this state, and are void and unenforceable.
   § 5. Section 123 of the domestic relations law, as  added  by  chapter
 308 of the laws of 1992, is amended to read as follows:
   §  123.  Prohibitions  and  penalties.  [1.] No person or other entity
 shall knowingly request, accept, receive, pay or give any  fee,  compen-
 sation or other remuneration, directly or indirectly, in connection with
 any GENETIC surrogate parenting [contract] AGREEMENT, or induce, arrange
 or   otherwise   assist  in  arranging  a  GENETIC  surrogate  parenting
 [contract] AGREEMENT for a  fee,  compensation  or  other  remuneration,
 except for:
   (a)  payments  in connection with the adoption of a child permitted by
 subdivision six of section three  hundred  seventy-four  of  the  social
 services  law and disclosed pursuant to subdivision eight of section one
 hundred fifteen of this chapter; or
   (b) payments for reasonable  and  actual  medical  fees  and  hospital
 expenses  for artificial insemination or in vitro fertilization services
 incurred by the [mother] GENETIC SURROGATE in connection with the  birth
 of the child.
   [2.  (a) A birth mother or her husband, a genetic father and his wife,
 and, if the genetic mother is not the birth mother, the  genetic  mother
 and  her  husband  who  violate this section shall be subject to a civil
 penalty not to exceed five hundred dollars.
   (b) Any other person or entity  who  or  which  induces,  arranges  or
 otherwise assists in the formation of a surrogate parenting contract for
 a  fee,  compensation  or  other remuneration or otherwise violates this

 S. 7506--A                         82                         A. 9506--A

 section shall be subject to a civil penalty not to exceed  ten  thousand
 dollars  and  forfeiture  to  the state of any such fee, compensation or
 remuneration in accordance with the provisions  of  subdivision  (a)  of
 section  seven  thousand  two  hundred one of the civil practice law and
 rules, for the first such offense.  Any person or entity  who  or  which
 induces,  arranges  or otherwise assists in the formation of a surrogate
 parenting contract for a fee,  compensation  or  other  remuneration  or
 otherwise  violates  this  section,  after having been once subject to a
 civil penalty for violating this section, shall be guilty of a felony.]
   § 6. Section 124 of the domestic relations law, as  added  by  chapter
 308 of the laws of 1992, is amended to read as follows:
   §  124.  Proceedings regarding parental rights, status or obligations.
 In any action or proceeding  involving  a  PURPORTED  GENETIC  SURROGACY
 PARENTING  AGREEMENT,  [dispute  between  the  birth  mother and (i) the
 genetic father, (ii) the genetic mother, (iii) both the  genetic  father
 and  genetic mother, or (iv) the parent or parents of the genetic father
 or genetic mother, regarding parental rights, status or obligations with
 respect to a child born pursuant to a surrogate parenting contract]  THE
 PARENTAGE  OF THE CHILD WILL BE DETERMINED BASED ON THE LAWS OF NEW YORK
 STATE AND:
   1. the court shall not consider the [birth  mother's]  GENETIC  SURRO-
 GATE'S  participation in a GENETIC surrogate parenting [contract] AGREE-
 MENT as adverse to [her] THEIR parental rights, status, or  obligations;
 and
   2.  the  court,  having regard to the circumstances of the case and of
 the respective parties including the parties' relative  ability  to  pay
 such  fees  and  expenses,  in  its  discretion  and in the interests of
 justice, may award to either party reasonable and  actual  counsel  fees
 and  legal  expenses incurred in connection with such action or proceed-
 ing. Such award may be made in  the  order  or  judgment  by  which  the
 particular  action  or  proceeding   is finally determined, or by one or
 more orders from time to time before the final order or judgment, or  by
 both  such  order  or  orders and the final order or judgment; provided,
 however, that in any dispute involving a [birth mother]  GENETIC  SURRO-
 GATE  who  has  executed  a  valid surrender or consent to the adoption,
 nothing in this section shall empower a court to make any award that  it
 would not otherwise be empowered to direct.
   §  7.  Section 4135 of the public health law, subdivision 1 as amended
 by chapter 201 of the laws of 1972, subdivision 2 as amended by  chapter
 398 of the laws of 1997 and subdivision 3 as added by chapter 342 of the
 laws of 1980, is amended to read as follows:
   §  4135.  Birth  certificate;  child born out of wedlock. 1. (a) There
 shall be no specific statement on the birth certificate  as  to  whether
 the child is born in wedlock or out of wedlock or as to the marital name
 or status of the mother.
   (b)  The phrase "child born out of wedlock" when used in this article,
 refers to a child whose father is not its mother's husband.
   2. The name of the [putative] ALLEGED father of a child  born  out  of
 wedlock shall not be entered on the certificate of birth prior to filing
 without  (i)  an  acknowledgment  of  [paternity]  PARENTAGE pursuant to
 section one hundred eleven-k of the social services law or section  four
 thousand  one hundred thirty-five-b of this article executed by both the
 mother and [putative] ALLEGED father,  and  filed  with  the  record  of
 birth;  or  (ii)  notification  having been received by, or proper proof
 having been filed with, the record of birth by the clerk of a  court  of

 S. 7506--A                         83                         A. 9506--A
 
 competent jurisdiction or the parents, or their attorneys of a judgment,
 order or decree relating to parentage.
   3.  Orders  relating  to  parentage  shall be held confidential by the
 commissioner and shall not be released or otherwise divulged  except  by
 order of a court of competent jurisdiction.
   §  8.  Section 4135-b of the public health law, as added by chapter 59
 of the laws of 1993, subdivisions 1 and 2 as amended by chapter  402  of
 the  laws  of  2013,  and subdivision 3 as amended by chapter 170 of the
 laws of 1994, is amended to read as follows:
   § 4135-b. Voluntary acknowledgments of [paternity; child born  out  of
 wedlock]  PARENTAGE.  1.  (a)  Immediately  preceding  or  following the
 in-hospital birth of a child to an unmarried  [woman]  PERSON  OR  TO  A
 PERSON   WHO   GAVE   BIRTH   TO  A  CHILD  CONCEIVED  THROUGH  ASSISTED
 REPRODUCTION, the person in charge of such hospital or his or her desig-
 nated representative shall provide to the [child's mother and  putative]
 UNMARRIED  PERSON  WHO  GAVE BIRTH TO THE CHILD AND THE ALLEGED [father]
 GENETIC PARENT, if such [father] ALLEGED GENETIC PARENT IS READILY IDEN-
 TIFIABLE AND AVAILABLE, OR TO THE PERSON WHO GAVE BIRTH  AND  THE  OTHER
 INTENDED  PARENT  OF  A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION IF
 SUCH PERSON is readily identifiable and  available,  the  documents  and
 written  instructions  necessary for such [mother] PERSON OR TO A PERSON
 WHO GAVE BIRTH TO A CHILD CONCEIVED THROUGH  ASSISTED  REPRODUCTION  and
 [putative  father]  ALLEGED  PERSONS  to  complete  an acknowledgment of
 [paternity] PARENTAGE witnessed by two persons not related to the signa-
 tory. Such acknowledgment, if  signed  by  both  parties,  at  any  time
 following the birth of a child, shall be filed with the registrar at the
 same  time at which the certificate of live birth is filed, if possible,
 or anytime thereafter. Nothing herein shall be  deemed  to  require  the
 person  in charge of such hospital or his or her designee to seek out or
 otherwise locate [a putative] AN  ALLEGED  [father]  GENETIC  PARENT  OR
 INTENDED  PARENT  OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION who
 is not readily identifiable or available.
   (B) THE FOLLOWING PERSONS MAY SIGN AN ACKNOWLEDGMENT OF  PARENTAGE  TO
 ESTABLISH THE PARENTAGE OF THE CHILD:
   (I) AN UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND ANOTHER PERSON
 WHO IS A GENETIC PARENT.
   (II)  A  MARRIED  OR  UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND
 ANOTHER PERSON WHO IS AN INTENDED PARENT UNDER SECTION  581-303  OF  THE
 FAMILY COURT ACT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION.
   (C)  AN ACKNOWLEDGMENT OF PARENTAGE SHALL BE IN A RECORD SIGNED BY THE
 PERSON WHO GAVE BIRTH TO THE CHILD AND  BY  EITHER  THE  GENETIC  PARENT
 OTHER  THAN  THE PERSON WHO GAVE BIRTH TO THE CHILD OR A PERSON WHO IS A
 PARENT UNDER SECTION 581-303 OF  THE  FAMILY  COURT  ACT  OF  THE  CHILD
 CONCEIVED THROUGH ASSISTED REPRODUCTION.
   (D) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
 ANY OF THE FOLLOWING ARE TRUE:
   (I)  A  PERSON  OTHER THAN THE SIGNATORIES IS A PRESUMED PARENT OF THE
 CHILD UNDER SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
   (II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
   (III) ANOTHER PERSON HAS SIGNED A VALID  ACKNOWLEDGMENT  OF  PARENTAGE
 WITH REGARD TO THE CHILD;
   (IV)  THE CHILD HAS A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT
 ACT OTHER THAN THE SIGNATORIES;
   (V) A SIGNATORY IS A GAMETE DONOR UNDER SECTION 581-302 OF THE  FAMILY
 COURT ACT;

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   (VI)  THE  ACKNOWLEDGMENT  IS SIGNED BY A PERSON WHO ASSERTS THAT THEY
 ARE A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT  OF  A  CHILD
 CONCEIVED THROUGH ASSISTED REPRODUCTION, BUT THE CHILD WAS NOT CONCEIVED
 THROUGH ASSISTED REPRODUCTION.
   (E)  The  acknowledgment  shall  be executed on a form provided by the
 commissioner developed in consultation with  the  [appropriate]  commis-
 sioner  of the [department of family assistance] OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE, which shall:  (I)  include  the  social  security
 number  of the [mother and of the putative father and] SIGNATORIES; (II)
 provide in plain language [(i)] (A) a statement by the  [mother]  PERSON
 WHO  GAVE BIRTH TO THE CHILD consenting to the acknowledgment of [pater-
 nity] PARENTAGE and a statement that the [putative father] OTHER  SIGNA-
 TORY  is  the  only  possible  [father] OTHER GENETIC PARENT OR THAT THE
 OTHER SIGNATORY IS AN  INTENDED  PARENT  AND  THE  CHILD  WAS  CONCEIVED
 THROUGH  ASSISTED  REPRODUCTION, [(ii)] (B) a statement by the [putative
 father], ALLEGED GENETIC PARENT, IF ANY, that he OR SHE is the  [biolog-
 ical  father]  GENETIC  PARENT of the child, and [(iii)] (C) a statement
 that the signing of the acknowledgment of [paternity] PARENTAGE by  both
 parties shall have the same force and effect as an order of PARENTAGE OR
 filiation  entered  after a court hearing by a court of competent juris-
 diction, including an obligation to provide support for the child except
 that, only if filed with the registrar of  the  district  in  which  the
 birth  certificate  has  been  filed,  will the acknowledgment have such
 force and effect with respect to inheritance rights; AND  (III)  INCLUDE
 THE NAME AND ADDRESS, IF KNOWN, OF ANY GAMETE DONORS.
   [(b)]  (F)  Prior to the execution of an acknowledgment of [paternity]
 PARENTAGE, the [mother] PERSON WHO GAVE  BIRTH  TO  THE  CHILD  and  the
 [putative father] OTHER SIGNATORY shall be provided orally, which may be
 through  the  use  of audio or video equipment, and in writing with such
 information as is required pursuant to  this  section  with  respect  to
 their  rights and the consequences of signing a voluntary acknowledgment
 of [paternity] PARENTAGE including, but not limited to:
   (i) that the signing of the acknowledgment  of  [paternity]  PARENTAGE
 shall  establish  the  [paternity] PARENTAGE of the child and shall have
 the same force and effect as an order of [paternity] PARENTAGE or filia-
 tion issued by a court of competent jurisdiction establishing  the  duty
 of both parties to provide support for the child;
   (ii) that if such an acknowledgment is not made, the [putative father]
 SIGNATORY  OTHER THAN THE PERSON WHO GAVE BIRTH TO THE CHILD can be held
 liable for support only if the family court, after a hearing,  makes  an
 order declaring that the [putative father] PERSON is the [father] PARENT
 of  the child whereupon the court may make an order of support which may
 be retroactive to the birth of the child;
   (iii) that if made a respondent in a proceeding to establish [paterni-
 ty] PARENTAGE the [putative father] SIGNATORY OTHER THAN THE PERSON  WHO
 GAVE  BIRTH  TO  THE  CHILD  has a right to free legal representation if
 indigent;
   (iv) that [the putative father] AN ALLEGED GENETIC PARENT has a  right
 to a genetic marker test or to a DNA test when available;
   (v)  that  by  executing  the  acknowledgment,  the  [putative father]
 ALLEGED GENETIC PARENT waives [his] THEIR right to a hearing,  to  which
 [he]  THEY  would  otherwise  be  entitled,  on the issue of [paternity]
 PARENTAGE;
   (vi) that a copy of the acknowledgment of [paternity] PARENTAGE  shall
 be  filed  with  the [putative father] registry [pursuant to] CREATED BY
 section three hundred seventy-two-c of the social services law, and that

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 such filing may establish the child's  right  to  inheritance  from  the
 [putative]  ALLEGED [father] GENETIC PARENT OR THE OTHER INTENDED PARENT
 OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION  pursuant  to  clause
 (B)  of  subparagraph  two  of  paragraph  (a)  of  section 4-1.2 of the
 estates, powers and trusts law;
   (vii) that, if such acknowledgment is filed with the registrar of  the
 district in which the birth certificate has been filed, such acknowledg-
 ment  will  establish  inheritance  rights  from  the [putative] ALLEGED
 [father] GENETIC  PARENT  OR  THE  OTHER  INTENDED  PARENT  OF  A  CHILD
 CONCEIVED  THROUGH  ASSISTED  REPRODUCTION  pursuant  to  clause  (A) of
 subparagraph two of paragraph (a)  of  section  4-1.2  of  the  estates,
 powers and trusts law;
   (viii)  that  no  further  judicial  or administrative proceedings are
 required to ratify an unchallenged acknowledgment of [paternity] PARENT-
 AGE provided, however, that:
   (A) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
 attained the age of eighteen at the time of execution of the acknowledg-
 ment, shall have the right to  rescind  the  acknowledgment  within  the
 earlier of sixty days from the date of signing the acknowledgment or the
 date  of  an administrative or a judicial proceeding (including, but not
 limited to, a proceeding to establish a support order) relating  to  the
 child  in  which the signatory is a party, provided that the "date of an
 administrative or a judicial proceeding" shall be the date by which  the
 respondent is required to answer the petition;
   (B) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
 not  attained  the  age  of  eighteen  at  the  time of execution of the
 acknowledgment, shall have  the  right  to  rescind  the  acknowledgment
 anytime  up  to  sixty  days  after the signatory's attaining the age of
 eighteen years or sixty days after the date on which the  respondent  is
 required to answer a petition (including, but not limited to, a petition
 to establish a support order) relating to the child, whichever is earli-
 er; provided, however, that the signatory must have been advised at such
 proceeding of his or her right to file a petition to vacate the acknowl-
 edgment within sixty days of the date of such proceeding;
   (ix) that after the expiration of the time limits set forth in clauses
 (A)  and (B) of subparagraph (viii) of this paragraph, any of the signa-
 tories may challenge the  acknowledgment  of  [paternity]  PARENTAGE  in
 court  only  on the basis of fraud, duress, or material mistake of fact,
 with the burden of proof on the party challenging the voluntary acknowl-
 edgment;
   (x) that the [putative father and mother] PERSON WHO GAVE BIRTH TO THE
 CHILD AND THE OTHER SIGNATORY may wish to consult with attorneys  before
 executing the acknowledgment; and that they have the right to seek legal
 representation  and  supportive  services including counseling regarding
 such acknowledgment;
   (xi) that the acknowledgment of [paternity] PARENTAGE may be the basis
 for the [putative father] SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH
 TO THE CHILD establishing custody and visitation rights to the child and
 for requiring the [putative father's] consent  OF  THE  SIGNATORY  OTHER
 THAN  THE  PERSON  WHO  GAVE  BIRTH  TO  THE  CHILD prior to an adoption
 proceeding;
   (xii) that the [mother's] refusal OF THE PERSON WHO GAVE BIRTH TO  THE
 CHILD  to sign the acknowledgment shall not be deemed a failure to coop-
 erate in establishing [paternity for] PARENTAGE OF the child; and

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   (xiii) that the child may bear the last name of either parent, OR  ANY
 COMBINATION THEREOF, which name shall not affect the legal status of the
 child.
 In  addition,  the governing body of such hospital shall [insure] ENSURE
 that appropriate staff shall provide to the [child's mother and putative
 father] PERSON WHO GAVE BIRTH TO THE  CHILD  AND  THE  OTHER  SIGNATORY,
 prior  to  the  [mother's] discharge from the hospital OF THE PERSON WHO
 GAVE BIRTH TO THE CHILD, the opportunity to speak with hospital staff to
 obtain clarifying information  and  answers  to  their  questions  about
 [paternity]  PARENTAGE  establishment,  and shall also provide the tele-
 phone number of the local support collection unit.
   [(c)] (G) Within ten days after receiving the  certificate  of  birth,
 the registrar shall furnish without charge to each parent or guardian of
 the child or to the [mother] PERSON WHO GAVE BIRTH at the address desig-
 nated  by  her  for that purpose, a certified copy of the certificate of
 birth and, if applicable, a certified copy of the written acknowledgment
 of [paternity] PARENTAGE.  If the [mother] PERSON WHO GAVE BIRTH  is  in
 receipt of child support enforcement services pursuant to title six-A of
 article  three  of  the  social  services  law, the registrar also shall
 furnish without charge a certified copy of the certificate of birth and,
 if applicable, a certified copy of the written acknowledgment of [pater-
 nity] PARENTAGE to the social services district  of  the  county  within
 which the [mother] PERSON WHO GAVE BIRTH resides.
   2.  (a) When a child's [paternity] PARENTAGE is acknowledged voluntar-
 ily pursuant to section one hundred eleven-k of the social services law,
 the social services official shall file the executed acknowledgment with
 the registrar of the district in which the birth occurred and  in  which
 the birth certificate has been filed.
   (b)  Where  a  child's [paternity] PARENTAGE has not been acknowledged
 voluntarily pursuant to paragraph (a) of subdivision one of this section
 or paragraph (a) of this subdivision, the [child's mother and the  puta-
 tive  father] PERSON WHO GAVE BIRTH TO THE CHILD AND THE OTHER SIGNATORY
 may voluntarily acknowledge a child's [paternity] PARENTAGE pursuant  to
 this paragraph by signing the acknowledgment of [paternity] PARENTAGE.
   (c) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
 attained the age of eighteen at the time of execution of the acknowledg-
 ment  shall  have  the  right  to  rescind the acknowledgment within the
 earlier of sixty days from the date of signing the acknowledgment or the
 date of an administrative or a judicial proceeding (including,  but  not
 limited  to,  a proceeding to establish a support order) relating to the
 child in which either signatory is a party; provided that  for  purposes
 of  this  section, the "date of an administrative or a judicial proceed-
 ing" shall be the date by which the respondent is required to answer the
 petition.
   (d) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
 not attained the age of  eighteen  at  the  time  of  execution  of  the
 acknowledgment,  shall  have  the  right  to  rescind the acknowledgment
 anytime up to sixty days after the  signatory's  attaining  the  age  of
 eighteen  years  or sixty days after the date on which the respondent is
 required to answer a petition (including, but not limited to, a petition
 to establish a support order) relating to the child in which the  signa-
 tory  is  a  party,  whichever  is  earlier; provided, however, that the
 signatory must have been advised at such proceeding of his or her  right
 to file a petition to vacate the acknowledgment within sixty days of the
 date of such proceeding.

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   (e)  After  the  expiration of the time limits set forth in paragraphs
 (c) and (d) of this subdivision, any of the  signatories  may  challenge
 the  acknowledgment  of [paternity] PARENTAGE in court only on the basis
 of fraud, duress, or material mistake of fact, with the burden of  proof
 on  the  party challenging the voluntary acknowledgment. The acknowledg-
 ment shall have full force and effect once so signed. The original or  a
 copy  of  the  acknowledgment  shall  be filed with the registrar of the
 district in which the birth certificate has been filed.
   3. (a) An acknowledgment of [paternity]  PARENTAGE  executed  by  [the
 mother  and father of a child born out of wedlock] ANY TWO PEOPLE ELIGI-
 BLE TO SIGN SUCH AN ACKNOWLEDGMENT UNDER PARAGRAPH  (B)  OF  SUBDIVISION
 ONE OF THIS SECTION, MARRIED OR UNMARRIED, shall establish the [paterni-
 ty]  PARENTAGE of a child and shall have the same force and effect as an
 order of [paternity] PARENTAGE or filiation issued by a court of  compe-
 tent  jurisdiction.  Such acknowledgement shall thereafter be filed with
 the registrar pursuant to subdivision one or two of this section.
   (b) A registrar with whom an acknowledgment of  [paternity]  PARENTAGE
 has  been filed pursuant to subdivision one or two of this section shall
 file the acknowledgment with the state department  of  health  [and  the
 putative  father  registry],  THE NEW YORK CITY DEPARTMENT OF HEALTH AND
 MENTAL HYGIENE AND THE REGISTRY OPERATED BY  THE  DEPARTMENT  OF  SOCIAL
 SERVICES  PURSUANT  TO SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL
 SERVICES LAW. IF THE ACKNOWLEDGMENT INCLUDES THE NAME AND ADDRESS OF ANY
 KNOWN GAMETE DONORS OF A CHILD CONCEIVED THROUGH ASSISTED  REPRODUCTION,
 THE STATE DEPARTMENT OF HEALTH OR THE NEW YORK CITY DEPARTMENT OF HEALTH
 AND  MENTAL  HYGIENE SHALL MAIL A COPY TO THE KNOWN DONORS LISTED ON THE
 FORM.
   4. THE COURT SHALL GIVE FULL FAITH AND CREDIT TO AN ACKNOWLEDGMENT  OF
 PARENTAGE  EFFECTIVE  IN  ANOTHER  STATE  IF THE ACKNOWLEDGMENT WAS IN A
 SIGNED RECORD AND OTHERWISE COMPLIES WITH THE LAW OF THE OTHER STATE.
   5. A new certificate of birth shall be issued if  the  certificate  of
 birth of [a] THE child [born out of wedlock] as defined in paragraph (b)
 of  subdivision  one of section four thousand one hundred thirty-five of
 this article has been filed without entry of the name  of  the  [father]
 SIGNATORY  OTHER  THAN  THE  PERSON WHO GAVE BIRTH, and the commissioner
 thereafter receives a notarized acknowledgment of [paternity]  PARENTAGE
 accompanied  by  the written consent of the [putative father and mother]
 PERSON WHO GAVE BIRTH TO THE CHILD AND OTHER SIGNATORY to the  entry  of
 the  name of such [father] PERSON, which consent may also be to a change
 in the surname of the child.
   6. ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF  THIS
 STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF PARENTAGE SIGNED
 PURSUANT  TO THIS SECTION OR SIGNED IN ANOTHER STATE CONSISTENT WITH THE
 LAW OF THAT STATE.
   § 9.  Paragraph (e) of subdivision 1 of section  4138  of  the  public
 health law, as amended by chapter 214 of the laws of 1998, is amended to
 read as follows:
   (e) the certificate of birth of a child born out of wedlock as defined
 in paragraph (b) of subdivision one of section four thousand one hundred
 thirty-five  of this article has been filed without entry of the name of
 the [father] SIGNATORY OTHER THAN THE PERSON  WHO  GAVE  BIRTH  and  the
 commissioner  thereafter  receives  the  acknowledgment  of  [paternity]
 PARENTAGE pursuant  to  section  one  hundred  eleven-k  of  the  social
 services  law or section four thousand one hundred thirty-five-b of this
 article executed by the [putative father and  mother]  PERSON  WHO  GAVE
 BIRTH  AND THE OTHER SIGNATORY which authorizes the entry of the name of

 S. 7506--A                         88                         A. 9506--A
 
 such [father] OTHER SIGNATORY, and which may also authorize a conforming
 change in the surname of the child.
   §  10. The article heading of article 8 of the domestic relations law,
 as added by chapter 308 of the laws of  1992,  is  amended  to  read  as
 follows:
                   GENETIC SURROGATE PARENTING CONTRACTS
   §  11.  The general business law is amended by adding a new article 44
 to read as follows:
 
                                ARTICLE 44
                     REGULATION OF SURROGACY PROGRAMS
 SECTION 1400. DEFINITIONS.
         1401. PROGRAMS REGULATED UNDER THIS ARTICLE.
         1402. CONFLICTS OF INTEREST; PROHIBITION ON PAYMENTS;  FUNDS  IN
                 ESCROW; LICENSURE; NOTICE OF SURROGATES' BILL OF RIGHTS.
         1403. REGULATIONS.
   § 1400. DEFINITIONS. AS USED IN THIS SECTION:
   (A)  THE  DEFINITIONS IN SECTION 581-102 OF THE FAMILY COURT ACT SHALL
 APPLY.
   (B) "PAYMENT" MEANS ANY TYPE OF MONETARY COMPENSATION OR  OTHER  VALU-
 ABLE  CONSIDERATION  INCLUDING  BUT  NOT  LIMITED  TO  A REBATE, REFUND,
 COMMISSION, UNEARNED DISCOUNT, OR PROFIT BY MEANS  OF  CREDIT  OR  OTHER
 VALUABLE CONSIDERATION.
   (C)  "SURROGACY  PROGRAM"  DOES  NOT  INCLUDE ANY PARTY TO A SURROGACY
 AGREEMENT OR ANY PERSON LICENSED TO  PRACTICE  LAW  AND  REPRESENTING  A
 PARTY TO THE SURROGACY AGREEMENT, BUT DOES INCLUDE AND IS NOT LIMITED TO
 ANY  AGENCY,  AGENT,  BUSINESS,  OR INDIVIDUAL ENGAGED IN, ARRANGING, OR
 FACILITATING TRANSACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT, REGARD-
 LESS OF WHETHER SUCH AGREEMENT ULTIMATELY COMPORTS WITH THE REQUIREMENTS
 OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
   § 1401. PROGRAMS REGULATED UNDER THIS ARTICLE. THE PROVISIONS OF  THIS
 ARTICLE  APPLY  TO  SURROGACY  PROGRAMS ARRANGING OR FACILITATING TRANS-
 ACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT UNDER PART FOUR OF ARTICLE
 FIVE-C OF THE FAMILY COURT ACT IF:
   (A) THE SURROGACY PROGRAM DOES BUSINESS IN NEW YORK STATE;
   (B) A PERSON ACTING AS SURROGATE WHO IS PARTY TO A SURROGACY AGREEMENT
 RESIDES IN NEW YORK STATE DURING THE TERM OF THE SURROGACY AGREEMENT; OR
   (C) ANY MEDICAL PROCEDURES UNDER THE SURROGACY AGREEMENT ARE PERFORMED
 IN NEW YORK STATE.
   § 1402. CONFLICTS OF  INTEREST;  PROHIBITION  ON  PAYMENTS;  FUNDS  IN
 ESCROW;  LICENSURE;  NOTICE  OF SURROGATES' BILL OF RIGHTS.  A SURROGACY
 PROGRAM TO WHICH THIS ARTICLE APPLIES:
   (A) SHALL KEEP ALL FUNDS PAID BY OR ON BEHALF OF THE  INTENDED  PARENT
 OR  PARENTS  IN  AN ESCROW ACCOUNT SEPARATE FROM ITS OPERATING ACCOUNTS;
 AND
   (B) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR  INDIRECTLY,
 BY ANY ATTORNEY REPRESENTING A PARTY TO THE SURROGACY AGREEMENT; AND
   (C) MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
 ANY  PERSON  LICENSED  TO  PRACTICE  LAW AND REPRESENTING A PARTY TO THE
 SURROGACY AGREEMENT IN CONNECTION WITH THE REFERRAL  OF  ANY  PERSON  OR
 PARTY FOR THE PURPOSE OF A SURROGACY AGREEMENT; AND
   (D) MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
 ANY  HEALTH  CARE  PROVIDER  PROVIDING  ANY  HEALTH  SERVICES, INCLUDING
 ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT; AND

 S. 7506--A                         89                         A. 9506--A
 
   (E) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR  INDIRECTLY,
 BY  ANY  HEALTH  CARE  PROVIDER PROVIDING ANY HEALTH SERVICES, INCLUDING
 ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT; AND
   (F)  SHALL  BE LICENSED TO OPERATE IN NEW YORK STATE PURSUANT TO REGU-
 LATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE
 DEPARTMENT OF FINANCIAL SERVICES, ONCE SUCH REGULATIONS ARE  PROMULGATED
 AND BECOME EFFECTIVE; AND
   (G)  SHALL ENSURE THAT ALL POTENTIAL PARTIES TO A SURROGACY AGREEMENT,
 AT THE TIME OF CONSULTATION WITH SUCH SURROGACY  PROGRAM,  ARE  PROVIDED
 WITH WRITTEN NOTICE OF THE SURROGATES' BILL OF RIGHTS ENUMERATED IN PART
 SIX OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
   § 1403. REGULATIONS.  THE  DEPARTMENT  OF HEALTH, IN CONSULTATION WITH
 THE DEPARTMENT OF FINANCIAL SERVICES, SHALL  PROMULGATE  REGULATIONS  TO
 IMPLEMENT THE REQUIREMENTS OF THIS ARTICLE, AND SHALL ANNUALLY REPORT TO
 THE  STATE LEGISLATURE REGARDING THE PRACTICES OF SURROGACY PROGRAMS AND
 ALL BUSINESS TRANSACTIONS RELATED TO SURROGACY IN NEW YORK  STATE,  WITH
 RECOMMENDATIONS FOR ANY NECESSARY AMENDMENTS TO THIS ARTICLE.
   § 12. The public health law is amended by adding a new article 25-B to
 read as follows:
                               ARTICLE 25-B
                           GESTATIONAL SURROGACY
 SECTION 2599-CC. GESTATIONAL SURROGACY.
   § 2599-CC. GESTATIONAL SURROGACY. 1. THE COMMISSIONER SHALL PROMULGATE
 REGULATIONS  ON  THE PRACTICE OF GESTATIONAL SURROGACY. SUCH REGULATIONS
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) GUIDELINES AND PROCEDURES FOR  OBTAINING  FULLY  INFORMED  CONSENT
 FROM  POTENTIAL  PERSONS ACTING AS SURROGATES, INCLUDING BUT NOT LIMITED
 TO A FULL DISCLOSURE OF ANY KNOWN HEALTH RISKS ASSOCIATED WITH ACTING AS
 A SURROGATE;
   (B) THE DEVELOPMENT AND DISTRIBUTION,  IN  PRINTED  FORM  AND  ON  THE
 DEPARTMENT'S  WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO GESTATIONAL
 SURROGACY; AND
   (C) THE ESTABLISHMENT OF A  VOLUNTARY  CENTRAL  TRACKING  REGISTRY  OF
 PERSONS ACTING AS SURROGATES, AS REPORTED BY SURROGACY PROGRAMS LICENSED
 BY THE DEPARTMENT PURSUANT TO ARTICLE FORTY-FOUR OF THE GENERAL BUSINESS
 LAW  UPON  THE AFFIRMATIVE CONSENT OF A PERSON ACTING AS SURROGATE. SUCH
 REGISTRY SHALL PROVIDE A MEANS FOR GATHERING  AND  MAINTAINING  ACCURATE
 INFORMATION ON THE:
   (I) NUMBER OF TIMES A PERSON HAS ACTED AS A SURROGATE;
   (II) HEALTH INFORMATION OF THE PERSON ACTING AS SURROGATE; AND
   (III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
   2.  ALL  SUCH  REGULATIONS  SHALL MAINTAIN THE ANONYMITY OF THE PERSON
 ACTING AS SURROGATE AND ANY RESULTING OFFSPRING  AND  GOVERN  ACCESS  TO
 INFORMATION MAINTAINED BY THE REGISTRY.
   §  13.  Subdivisions  4,  5,  6, 7 and 8 of section 4365 of the public
 health law are renumbered subdivisions 5, 6, 7, 8 and 9 and a new subdi-
 vision 4 is added to read as follows:
   4. THE COMMISSIONER, IN  CONSULTATION  WITH  THE  TRANSPLANT  COUNCIL,
 SHALL  PROMULGATE  REGULATIONS  ON THE DONATION OF OVA. SUCH REGULATIONS
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) GUIDELINES AND PROCEDURES FOR  OBTAINING  FULLY  INFORMED  CONSENT
 FROM POTENTIAL DONORS, INCLUDING BUT NOT LIMITED TO A FULL DISCLOSURE OF
 ANY KNOWN HEALTH RISKS OF THE OVA DONATION PROCESS;
   (B)  THE  DEVELOPMENT  AND  DISTRIBUTION,  IN  PRINTED FORM AND ON THE
 DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO THE DONATION
 OF OVA; AND

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   (C) THE ESTABLISHMENT OF A VOLUNTARY CENTRAL TRACKING REGISTRY OF  OVA
 DONOR  INFORMATION, AS REPORTED BY BANKS AND STORAGE FACILITIES LICENSED
 PURSUANT TO THIS ARTICLE UPON THE AFFIRMATIVE CONSENT OF AN  OVA  DONOR.
 SUCH  REGISTRY SHALL PROVIDE A MEANS FOR GATHERING AND MAINTAINING ACCU-
 RATE INFORMATION ON THE:
   (I) NUMBER OF OVA AND THE NUMBER OF TIMES OVA HAVE BEEN DONATED FROM A
 SINGLE DONOR;
   (II) HEALTH INFORMATION OF THE DONOR AT THE TIME OF THE DONATION; AND
   (III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
   IN  ADDITION, ALL SUCH REGULATIONS SHALL MAINTAIN THE ANONYMITY OF THE
 DONOR AND ANY RESULTING OFFSPRING AND GOVERN ACCESS TO INFORMATION MAIN-
 TAINED BY THE REGISTRY.
   § 14. Paragraph (a) of subdivision 1 of  section  440  of  the  family
 court  act, as amended by chapter 398 of the laws of 1997, is amended to
 read as follows:
   (a)  Any support order made by the court in any proceeding  under  the
 provisions  of  article five-B of this act, pursuant to a reference from
 the supreme court under section two hundred fifty-one  of  the  domestic
 relations law or under the provisions of article four, five or five-A of
 this  act  (i)  shall  direct that payments of child support or combined
 child and spousal support collected on behalf of persons in  receipt  of
 services pursuant to section one hundred eleven-g of the social services
 law,  or on behalf of persons in receipt of public assistance be made to
 the  support  collection  unit  designated  by  the  appropriate  social
 services  district,  which  shall receive and disburse funds so paid; or
 (ii) shall be enforced pursuant to subdivision (c) of section five thou-
 sand two hundred forty-two of the civil practice law and  rules  at  the
 same  time that the court issues an order of support; and (iii) shall in
 either case, except as provided for  herein,  be  effective  as  of  the
 earlier  of  the date of the filing of the petition therefor, or, if the
 children for whom support is sought are in receipt of public assistance,
 the date for which their eligibility for public  assistance  was  effec-
 tive.     Any  retroactive  amount  of  support  due  shall  be  support
 arrears/past due support and shall be paid in one sum or periodic  sums,
 as the court directs, and any amount of temporary support which has been
 paid to be taken into account in calculating any amount of such retroac-
 tive  support due.  In addition, such retroactive child support shall be
 enforceable in any manner provided by law including, but not limited to,
 an execution for support enforcement  pursuant  to  subdivision  (b)  of
 section fifty-two hundred forty-one of the civil practice law and rules.
 When  a child receiving support is a public assistance recipient, or the
 order of support is being enforced or is  to  be  enforced  pursuant  to
 section one hundred eleven-g of the social services law, the court shall
 establish the amount of retroactive child support and notify the parties
 that such amount shall be enforced by the support collection unit pursu-
 ant  to an execution for support enforcement as provided for in subdivi-
 sion (b) of section fifty-two hundred forty-one of  the  civil  practice
 law  and  rules, or in such periodic payments as would have been author-
 ized had such an execution been issued.  In such case, the  court  shall
 not direct the schedule of repayment of retroactive support.  Where such
 direction is for child support and [paternity] PARENTAGE has been estab-
 lished by a voluntary acknowledgment of [paternity] PARENTAGE as defined
 in section forty-one hundred thirty-five-b of the public health law, the
 court  shall  inquire of the parties whether the acknowledgment has been
 duly filed, and unless satisfied that it has been so filed shall require
 the clerk of the court to file such acknowledgment with the  appropriate

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 registrar  within  five business days.   The court shall not direct that
 support payments be made to  the  support  collection  unit  unless  the
 child,  who is the subject of the order, is in receipt of public assist-
 ance  or child support services pursuant to section one hundred eleven-g
 of the social services law.  Any such order shall be enforceable  pursu-
 ant  to  section fifty-two hundred forty-one or fifty-two hundred forty-
 two of the civil practice law and rules, or in any other manner provided
 by law.   Such orders or judgments for  child  support  and  maintenance
 shall  also  be  enforceable  pursuant to article fifty-two of the civil
 practice law and rules upon a debtor's default as such term  is  defined
 in  paragraph  seven  of  subdivision  (a)  of section fifty-two hundred
 forty-one of the civil practice law and rules.  The establishment  of  a
 default  shall be subject to the procedures established for the determi-
 nation of a mistake of fact for income executions pursuant  to  subdivi-
 sion  (e)  of  section fifty-two hundred forty-one of the civil practice
 law and rules. For the purposes of enforcement of child  support  orders
 or  combined  spousal  and child support orders pursuant to section five
 thousand two hundred forty-one of the civil practice law  and  rules,  a
 "default"  shall  be  deemed to include amounts arising from retroactive
 support.  Where permitted under federal law and where the record of  the
 proceedings  contains  such information, such order shall include on its
 face the social security number and the name and address of the  employ-
 er,  if  any,  of  the person chargeable with support provided, however,
 that failure to comply with this requirement shall not  invalidate  such
 order.
   § 15. Section 516-a of the family court act, as amended by chapter 398
 of  the laws of 1997, subdivisions (b) and (c) as amended by chapter 402
 of the laws of 2013, and subdivision (d) as amended by  chapter  343  of
 the laws of 2009, is amended to read as follows:
   §  516-a. Acknowledgment of [paternity] PARENTAGE.  (a) An acknowledg-
 ment of [paternity] PARENTAGE executed pursuant to section  one  hundred
 eleven-k of the social services law or section four thousand one hundred
 thirty-five-b  of  the public health law shall establish the [paternity]
 PARENTAGE of and liability for the support of a child pursuant  to  this
 act.  Such  acknowledgment must be reduced to writing and filed pursuant
 to section four thousand one hundred thirty-five-b of the public  health
 law  with  the registrar of the district in which the birth occurred and
 in which the birth certificate has been filed. No  further  judicial  or
 administrative  proceedings  are  required  to  ratify  an  unchallenged
 acknowledgment of [paternity] PARENTAGE.
   (b) (i) Where a signatory to an acknowledgment of [paternity]  PARENT-
 AGE  executed  pursuant  to  section  one hundred eleven-k of the social
 services law or section four thousand one hundred thirty-five-b  of  the
 public  health  law  had  attained  the  age  of eighteen at the time of
 execution of the acknowledgment, the signatory may seek to  rescind  the
 acknowledgment  by  filing  a  petition  with  the  court  to vacate the
 acknowledgment within the earlier of sixty days of the date  of  signing
 the  acknowledgment  or  the  date  of  an  administrative or a judicial
 proceeding (including, but not limited to, a proceeding to  establish  a
 support  order) relating to the child in which the signatory is a party.
 For purposes of this section, the "date of an administrative or a  judi-
 cial  proceeding"  shall be the date by which the respondent is required
 to answer the petition.
   (ii) Where a signatory to an acknowledgment of  [paternity]  PARENTAGE
 executed pursuant to section one hundred eleven-k of the social services
 law  or  section  four  thousand one hundred thirty-five-b of the public

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 health law had not attained the age of eighteen at the time of execution
 of the acknowledgment, the signatory may seek to rescind the acknowledg-
 ment by filing a petition with the court to  vacate  the  acknowledgment
 anytime  up  to  sixty  days  after the signatory's attaining the age of
 eighteen years or sixty days after the date on which the  respondent  is
 required to answer a petition (including, but not limited to, a petition
 to  establish a support order) relating to the child in which the signa-
 tory is a party, whichever  is  earlier;  provided,  however,  that  the
 signatory  must have been advised at such proceeding of his or her right
 to file a petition to vacate the acknowledgment within sixty days of the
 date of such proceeding.
   (iii) Where a petition to  vacate  an  acknowledgment  of  [paternity]
 PARENTAGE  has  been  filed  in accordance with paragraph (i) or (ii) of
 this subdivision, the court shall order  genetic  marker  tests  or  DNA
 tests  for  the  determination of the child's [paternity] PARENTAGE.  No
 such test shall be ordered, however, WHERE THE ACKNOWLEDGMENT WAS SIGNED
 BY THE INTENDED PARENT OF A CHILD  BORN  THROUGH  ASSISTED  REPRODUCTION
 PURSUANT  TO  SUBPARAGRAPH  (II)  OF PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B  OF  THE  PUBLIC  HEALTH
 LAW,  OR  upon a written finding by the court that it is not in the best
 interests of the child on the basis of res judicata, equitable estoppel,
 or the presumption of legitimacy of a child born to  a  married  [woman]
 PERSON. If the court determines, following the test, that the person who
 signed the acknowledgment is the [father] PARENT of the child, the court
 shall  make  a  finding  of  [paternity] PARENTAGE and enter an order of
 [filiation] PARENTAGE. If the  court  determines  that  the  person  who
 signed  the  acknowledgment is not the [father] PARENT of the child, the
 acknowledgment shall be vacated.
   (iv) After the expiration of the time limits set forth  in  paragraphs
 (i)  and (ii) of this subdivision, any of the signatories to an acknowl-
 edgment of [paternity] PARENTAGE may  challenge  the  acknowledgment  in
 court  by  alleging  and  proving  fraud, duress, or material mistake of
 fact. If the petitioner proves to the court that the  acknowledgment  of
 [paternity]  PARENTAGE was signed under fraud, duress, or due to a mate-
 rial mistake of fact, the court shall then order genetic marker tests or
 DNA tests for the determination of the  child's  [paternity]  PARENTAGE.
 No  such  test  shall  be ordered, however, WHERE THE ACKNOWLEDGMENT WAS
 SIGNED BY THE INTENDED PARENT OF A CHILD BORN THROUGH  ASSISTED  REPROD-
 UCTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE
 OF  SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH
 LAW, OR upon a written finding by the court that it is not in  the  best
 interests of the child on the basis of res judicata, equitable estoppel,
 or  the  presumption  of legitimacy of a child born to a married [woman]
 PERSON. If the court determines, following the test, that the person who
 signed the acknowledgment is the [father] PARENT of the child, the court
 shall make a finding of [paternity] PARENTAGE  and  enter  an  order  of
 [filiation]  PARENTAGE.  If  the  court  determines  that the person who
 signed the acknowledgment is not the [father] PARENT of the  child,  the
 acknowledgment shall be vacated.
   (v)  If,  at any time before or after a signatory has filed a petition
 to vacate an acknowledgment of [paternity] PARENTAGE  pursuant  to  this
 subdivision,  the  signatory  dies  or becomes mentally ill or cannot be
 found within the state, neither the proceeding nor the right to commence
 the proceeding shall abate but may be commenced or continued by  any  of
 the persons authorized by this article to commence a [paternity] PARENT-
 AGE proceeding.

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   (c) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
 ANY OF THE FOLLOWING ARE TRUE:
   (I)  A  PERSON  OTHER THAN THE SIGNATORIES IS A PRESUMED PARENT OF THE
 CHILD PURSUANT TO SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
   (II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
   (III) ANOTHER PERSON HAS SIGNED A VALID  ACKNOWLEDGMENT  OF  PARENTAGE
 WITH REGARD TO THE CHILD;
   (IV)  THE CHILD HAS A PARENT PURSUANT TO SECTION 581-303 OF THE FAMILY
 COURT ACT OTHER THAN THE SIGNATORIES;
   (V) A SIGNATORY IS A GAMETE DONOR UNDER SECTION 581-302 OF THE  FAMILY
 COURT ACT; OR
   (VI)  THE  ACKNOWLEDGMENT  IS SIGNED BY A PERSON WHO ASSERTS THAT THEY
 ARE A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT  OF  A  CHILD
 CONCEIVED THROUGH ASSISTED REPRODUCTION, BUT THE CHILD WAS NOT CONCEIVED
 THROUGH ASSISTED REPRODUCTION.
   (D)  Neither  signatory's  legal obligations, including the obligation
 for child support arising from  the  acknowledgment,  may  be  suspended
 during  the challenge to the acknowledgment except for good cause as the
 court may find. If the court vacates the acknowledgment  of  [paternity]
 PARENTAGE,  the  court  shall immediately provide a copy of the order to
 the registrar of the district in which the child's birth certificate  is
 filed  and  also to the putative father registry operated by the depart-
 ment of social services pursuant to section three hundred  seventy-two-c
 of  the  social services law. In addition, if the [mother] PARENT of the
 child who is the subject of the acknowledgment is in  receipt  of  child
 support  services pursuant to title six-A of article three of the social
 services law, the court shall immediately provide a copy of the order to
 the child support enforcement unit of the social services district  that
 provides the [mother] PARENT with such services.
   [(d)]  (E)  A determination of [paternity] PARENTAGE made by any other
 state, whether established through an administrative or judicial process
 or through an acknowledgment of [paternity] PARENTAGE signed in  accord-
 ance  with  that  state's  laws,  must be accorded full faith and credit
 pursuant to section 466(a)(11) of title IV-D of the social security  act
 (42 U.S.C. § 666(a)(11)).
   (F) ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
 STATE, OR ANY SIMILAR INSTRUMENT SIGNED IN ANOTHER STATE CONSISTENT WITH
 THE  LAW OF THAT STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF
 PARENTAGE EXECUTED PURSUANT TO  SECTION  ONE  HUNDRED  ELEVEN-K  OF  THE
 SOCIAL  SERVICES LAW, SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF
 THE PUBLIC HEALTH LAW, OR SIGNED IN ANOTHER STATE  CONSISTENT  WITH  THE
 LAW OF THAT STATE.
   §  16.  Paragraph  (b)  of subdivision 1 of section 1017 of the family
 court act, as added by chapter 567 of the laws of 2015,  is  amended  to
 read as follows:
   (b)  The  court  shall  also  direct  the local commissioner of social
 services to conduct an investigation to locate any  person  who  is  not
 recognized  to  be the child's legal parent and does not have the rights
 of a legal parent under the laws of the state of New York  but  who  (i)
 has  filed  with  a putative father registry an instrument acknowledging
 [paternity] PARENTAGE of the child, pursuant to  section  4-1.2  of  the
 estates,  powers  and  trusts  law,  or  (ii)  has a pending [paternity]
 PARENTAGE petition, or (iii) has been identified  as  a  parent  of  the
 child  by  the  child's  other  parent in a written sworn statement. The
 local commissioner of social services shall report the results  of  such

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 investigation  to  the court and parties, including the attorney for the
 child.
   §  17. Section 4-1.2 of the estates, powers and trusts law, as amended
 by chapter 67 of the laws of 1981,  the  section  heading,  the  opening
 paragraph  of  subparagraph 1 of paragraph (a), the opening paragraph of
 subparagraph 2 of paragraph (a) and the opening  paragraph  of  subpara-
 graph  3 of paragraph (a) as amended by chapter 595 of the laws of 1992,
 subparagraph 2 of paragraph (a) as amended by chapter 434 of the laws of
 1987, clause (A) of subparagraph 2 of paragraph (a) as amended by  chap-
 ter  170  of the laws of 1994, and clause (C) of subparagraph 2 of para-
 graph (a) and paragraph (b) as amended by chapter  64  of  the  laws  of
 2010, is amended to read as follows:
 § 4-1.2 Inheritance by non-marital children
   (a) For the purposes of this article:
   (1)  A non-marital child is the legitimate child of his mother so that
 he and his issue inherit from his mother and from his maternal kindred.
   (2) A non-marital child is the legitimate child of his father OR  NON-
 GESTATING  INTENDED  PARENT  so  that he and his issue inherit from [his
 father and his paternal] SUCH PARENT AND SUCH PARENT'S kindred if:
   (A) a court of competent jurisdiction has, during the lifetime of  the
 father,  made  an  order of filiation OR PARENTAGE declaring [paternity]
 PARENTAGE or the [mother  and  father]  PARENTAGE  of  the  child  [have
 executed]  HAS  BEEN ESTABLISHED THROUGH THE EXECUTION OF an acknowledg-
 ment of [paternity] PARENTAGE pursuant  to  section  four  thousand  one
 hundred  thirty-five-b  of  the  public health law, which has been filed
 with the registrar of the district in which the  birth  certificate  has
 been filed or;
   (B)  the  father  of  the child has signed an instrument acknowledging
 [paternity] PARENTAGE, provided that
   (i) such instrument is acknowledged or executed or proved in the  form
 required to entitle a deed to be recorded in the presence of one or more
 witnesses and acknowledged by such witness or witnesses, in either case,
 before  a  notary  public  or  other officer authorized to take proof of
 deeds and
   (ii) such instrument is filed within sixty days from the making there-
 of with the putative father registry established by the state department
 of social services pursuant to section three  hundred  seventy-two-c  of
 the  social  services law, as added by chapter six hundred sixty-five of
 the laws of nineteen hundred seventy-six and
   (iii) the department of social services shall, within  seven  days  of
 the  filing of the instrument, send written notice by registered mail to
 the mother and other legal guardian of such child, notifying  them  that
 an  acknowledgment  of  [paternity] PARENTAGE instrument acknowledged or
 executed by such [father] PARENT has been duly filed or;
   (C) [paternity] PARENTAGE has been established by clear and convincing
 evidence, which may include, but is not limited to: (i) evidence derived
 from a genetic marker test, or (ii) evidence that  the  [father]  PARENT
 openly and notoriously acknowledged the child as his OR HER own, however
 nothing  in  this  section  regarding  genetic  marker  tests  shall  be
 construed to expand or limit the current application of subdivision four
 of section forty-two hundred ten of the public health law.
   (3) The existence of an agreement obligating the father to support the
 non-marital child does not qualify such child or his  issue  to  inherit
 from the father in the absence of an order of filiation made or acknowl-
 edgement of [paternity] PARENTAGE as prescribed by subparagraph (2).

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   (4) A motion for relief from an order of filiation may be made only by
 the  father and a motion for relief from an acknowledgement of [paterni-
 ty] PARENTAGE may be made by [the father,  mother]  A  PARENT  or  other
 legal  guardian  of  such  child,  or  the child, provided however, such
 motion must be made within one year from the entry of such order or from
 the date of written notice as provided for in subparagraph (2).
   (b)  If  a non-marital child dies, his or her surviving spouse, issue,
 mother, maternal kindred, father and paternal kindred  inherit  and  are
 entitled  to  letters of administration as if the decedent was a marital
 child, provided that the father and  paternal  kindred  may  inherit  or
 obtain such letters only if the [paternity] PARENTAGE of the non-marital
 child has been established pursuant to any of the provisions of subpara-
 graph (2) of paragraph (a).
   §  18. Subdivision 1, paragraph g of subdivision 2, subdivision 3, and
 subdivision 4 of section 111-c of the social services law, subdivision 1
 as added by chapter 685 of the laws of 1975, paragraph g of  subdivision
 2  as added by chapter 809 of the laws of 1985, subdivision 3 as amended
 by chapter 398 of the laws of 1997, and subdivision 4 as added by  chap-
 ter 343 of the laws of 2009, are amended to read as follows:
   1.  Each  social  services district shall establish a single organiza-
 tional unit which shall be responsible for such district's activities in
 assisting the state in the location of absent parents, establishment  of
 [paternity]  PARENTAGE  and  enforcement  and  collection  of support in
 accordance with the regulations of the department.
   g. obtain from respondent, when appropriate and in accordance with the
 procedures established by section one hundred eleven-k of this  chapter,
 an  acknowledgement  of  [paternity]  PARENTAGE  or an agreement to make
 support payments, or both;
   3. Notwithstanding the foregoing, the social services  official  shall
 not be required to establish the [paternity] PARENTAGE of any child born
 out-of-wedlock, or to secure support for any child, with respect to whom
 such  official  has determined that such actions would be detrimental to
 the best interests of the  child,  in  accordance  with  procedures  and
 criteria  established  by  regulations of the department consistent with
 federal law.
   4. a. A social services  district  represents  the  interests  of  the
 district  in  performing  its  functions  and duties as provided in this
 title and not the interests of any party. The interests  of  a  district
 shall  include, but are not limited to, establishing [paternity] PARENT-
 AGE, and establishing, modifying and enforcing child support orders.
   b. Notwithstanding any other provision of law, the provision of  child
 support  services  pursuant to this title does not constitute nor create
 an  attorney-client  relationship  between  the   individual   receiving
 services  and any attorney representing or appearing for the district. A
 social services district shall provide notice to any individual request-
 ing or receiving services that the attorney  representing  or  appearing
 for the district does not represent the individual and that the individ-
 ual has a right to retain his or her own legal counsel.
   c.  A  social  services district may appear in any action to establish
 [paternity] PARENTAGE, or to establish, modify, or enforce an  order  of
 support when an individual is receiving services under this title.
   §  19. Section 111-k of the social services law, as amended by chapter
 398 of the laws of 1997, paragraphs (a) and  (b)  of  subdivision  1  as
 amended  by  chapter  214  of  the  laws  of 1998, is amended to read as
 follows:

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   § 111-k.    Procedures  relating  to  acknowledgments  of  [paternity]
 PARENTAGE,  agreements  to  support,  and genetic tests.   1.   A social
 services official or his or her designated  representative  who  confers
 with  a  potential  respondent or respondent, hereinafter referred to in
 this  section  as  the  "respondent",  the mother of a child born out of
 wedlock and any  other  interested  persons,  pursuant  to  section  one
 hundred eleven-c of this title, may obtain:
   (a) an acknowledgment of [paternity] PARENTAGE of a child, as provided
 for  in  article  five-B or section five hundred sixteen-a of the family
 court act, by a written statement, witnessed by two people  not  related
 to  the signator or as provided for in section four thousand one hundred
 thirty-five-b of the public health law. Prior to the execution  of  such
 acknowledgment  by  the child's mother and the respondent, they shall be
 advised, orally, which may be through the use of audio or  video  equip-
 ment,  and in writing, of the consequences of making such an acknowledg-
 ment. Upon the signing of an  acknowledgment  of  [paternity]  PARENTAGE
 pursuant  to  this  section,  the social services official or his or her
 representative shall file the original acknowledgment with  the  regist-
 rar.
   (b)  an agreement to make support payments as provided in section four
 hundred twenty-five of the family court act. Prior to the  execution  of
 such  agreement,  the  respondent shall be advised, orally, which may be
 through the use of audio or video equipment,  and  in  writing,  of  the
 consequences  of  such agreement, that the respondent can be held liable
 for support only if the family court, after a hearing, makes an order of
 support; that respondent has a right to consult  with  an  attorney  and
 that  the  agreement  will be submitted to the family court for approval
 pursuant to section four hundred twenty-five of the  family  court  act;
 and  that by executing the agreement, the respondent waives any right to
 a hearing regarding any matter contained in such agreement.
   2. (a) When the paternity of a child is contested, a  social  services
 official  or  designated representative may order the mother, the child,
 and the alleged father to submit to one or more genetic  marker  or  DNA
 tests  of  a type generally acknowledged as reliable by an accreditation
 body designated by the secretary of the federal department of health and
 human services and performed by a laboratory approved by such an accred-
 itation body and by the commissioner of health or by  a  duly  qualified
 physician  to  aid  in  the  determination of whether or not the alleged
 father is the father of the child.   The order may be  issued  prior  or
 subsequent  to  the  filing  of  a  petition with the court to establish
 paternity, shall be served on the parties by certified mail,  and  shall
 include a sworn statement which either (i) alleges [paternity] PARENTAGE
 and sets forth facts establishing a reasonable possibility of the requi-
 site  sexual  contact  between  the  parties, or (ii) denies [paternity]
 PARENTAGE and sets forth facts  establishing  a  reasonable  possibility
 that  the party is not the father.  The parties shall not be required to
 submit to the administration and analysis of such tests if they  sign  a
 voluntary  acknowledgment  of  [paternity]  PARENTAGE in accordance with
 paragraph (a) of subdivision one of this section, or if there has been a
 written finding by the court that it is not in the best interests of the
 child on the basis of res judicata, equitable estoppel,  THE  CHILD  WAS
 CONCEIVED THROUGH ASSISTED REPRODUCTION or the presumption of legitimacy
 of a child born to a married [woman] PERSON.
   (b)  The record or report of the results of any such genetic marker or
 DNA test may be submitted to the family court as  evidence  pursuant  to
 subdivision  (e)  of rule forty-five hundred eighteen of the civil prac-

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 tice law and rules where no timely objection in writing  has  been  made
 thereto.
   (c)  The  cost  of  any test ordered pursuant to this section shall be
 paid by the social services district provided however, that the  alleged
 father  shall  reimburse  the district for the cost of such test at such
 time as the alleged father's [paternity] PARENTAGE is established  by  a
 voluntary  acknowledgment of [paternity] PARENTAGE or an order of filia-
 tion. If either party contests the results  of  genetic  marker  or  DNA
 tests,  an  additional  test  may be ordered upon written request to the
 social services district and advance payment by the requesting party.
   (d) The parties shall be required to submit to such tests  and  appear
 at  any conference scheduled by the social services official or designee
 to discuss the notice of the allegation of paternity or to  discuss  the
 results  of such tests.  If the alleged [father] GENETIC PARENT fails to
 appear at any such conference or fails to submit to such genetic  marker
 or  DNA  tests,  the social services official or designee shall petition
 the court to establish [paternity] PARENTAGE, provide the court  with  a
 copy  of  the  records  or reports of such tests if any, and request the
 court to issue an order for temporary support pursuant to  section  five
 hundred forty-two of the family court act.
   3.  ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
 STATE OR ANY SIMILAR INSTRUMENT SIGNED IN ANOTHER STATE CONSISTENT  WITH
 THE  LAW OF THAT STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF
 PARENTAGE EXECUTED PURSUANT TO THIS SECTION, SECTION FOUR  THOUSAND  ONE
 HUNDRED  THIRTY-FIVE-B  OF  THE  PUBLIC  HEALTH LAW OR SIGNED IN ANOTHER
 STATE CONSISTENT WITH THE LAW OF THAT STATE.
   § 20. Subdivisions 1 and 2 of section 372-c  of  the  social  services
 law,  as amended by chapter 139 of the laws of 1979, are amended to read
 as follows:
   1.  The department shall establish a putative  father  registry  which
 shall  record the names and addresses of:  (a) any person adjudicated by
 a court of this state to be the [father] PARENT of a child born [out-of-
 wedlock] OUT OF WEDLOCK; (b) any person who has filed with the  registry
 before  or after the birth of a child [out-of-wedlock] OUT OF WEDLOCK, a
 notice of intent to claim [paternity] PARENTAGE of the child; (c)    any
 person  adjudicated  by  a  court  of  another state or territory of the
 United States to be the father of an  [out-of-wedlock]  OUT  OF  WEDLOCK
 child, where a certified copy of the court order has been filed with the
 registry  by  such  person  or  any other person; (d) any person who has
 filed with the registry an instrument acknowledging  paternity  pursuant
 to section 4-1.2 of the estates, powers and trusts law.
   2.   A person filing a notice of intent to claim [paternity] PARENTAGE
 of a child or an acknowledgement of paternity shall include therein  his
 current  address  and shall notify the registry of any change of address
 pursuant to procedures prescribed by regulations of the department.
   § 21. Subdivision (a) of section 439  of  the  family  court  act,  as
 amended  by  section 1 of chapter 468 of the laws of 2012, is amended to
 read as follows:
   (a) The chief administrator of the courts shall provide, in accordance
 with subdivision (f) of this section, for the appointment  of  a  suffi-
 cient  number  of  support  magistrates  to  hear  and determine support
 proceedings. Except as hereinafter provided, support  magistrates  shall
 be  empowered  to hear, determine and grant any relief within the powers
 of the court in  any  proceeding  under  this  article,  articles  five,
 five-A,  [and]  five-B,  AND FIVE-C and sections two hundred thirty-four
 and two hundred thirty-five of this act, and objections raised  pursuant

 S. 7506--A                         98                         A. 9506--A

 to section five thousand two hundred forty-one of the civil practice law
 and rules. Support magistrates shall not be empowered to hear, determine
 and  grant  any  relief with respect to issues specified in section four
 hundred  fifty-five  of  this  article,  issues of contested [paternity]
 PARENTAGE involving claims of equitable  estoppel,  custody,  visitation
 including visitation as a defense, and orders of protection or exclusive
 possession  of  the home, which shall be referred to a judge as provided
 in subdivision (b) or (c) of this section. Where an order  of  filiation
 is  issued  by a judge in a paternity proceeding and child support is in
 issue, the judge, or support magistrate upon referral  from  the  judge,
 shall  be  authorized  to immediately make a temporary or final order of
 support, as applicable. A support magistrate shall have the authority to
 hear and decide motions and issue summonses  and  subpoenas  to  produce
 persons  pursuant  to  section one hundred fifty-three of this act, hear
 and decide proceedings and issue any order authorized by subdivision (g)
 of section five thousand two hundred forty-one of the civil practice law
 and rules, issue subpoenas to produce prisoners pursuant to section  two
 thousand  three hundred two of the civil practice law and rules and make
 a determination that any person before  the  support  magistrate  is  in
 violation  of an order of the court as authorized by section one hundred
 fifty-six of this act subject to confirmation by a judge  of  the  court
 who shall impose any punishment for such violation as provided by law. A
 determination  by  a  support  magistrate  that  a  person is in willful
 violation of an order under subdivision three of  section  four  hundred
 fifty-four of this article and that recommends commitment shall be tran-
 smitted  to the parties, accompanied by findings of fact, but the deter-
 mination shall have no force and effect until confirmed by  a  judge  of
 the court.
   §  22. Subparagraph (D) of paragraph (17) of subsection (a) of section
 1113 of the insurance law is amended to read as follows:
   (D) (I)(I) Indemnifying an adoptive parent for verifiable expenses not
 prohibited under the law paid to or on behalf of the birth  mother  when
 either  one  or both of the birth parents of the child withdraw or with-
 hold their consent to adoption. Such expenses may include maternity-con-
 nected medical or hospital  expenses  of  the  birth  mother,  necessary
 living  expenses  of  the birth mother preceding and during confinement,
 travel expenses of the birth mother to arrange for the adoption  of  the
 child,  legal  fees  of the birth mother, and any other expenses [which]
 THAT an adoptive parent may lawfully pay to or on behalf  of  the  birth
 mother[.];  OR  (II)  INDEMNIFYING AN INTENDED PARENT FOR FINANCIAL LOSS
 INCURRED AS A RESULT OF THE FAILURE BY THE PERSON ACTING AS SURROGATE TO
 PERFORM UNDER THE SURROGACY CONTRACT DUE TO DEATH, BODILY INJURY,  SICK-
 NESS, DISAPPEARANCE OF THE PERSON ACTING AS SURROGATE, LATE MISCARRIAGE,
 OR  STILLBIRTH.  SUCH  FINANCIAL LOSS SHALL INCLUDE MEDICAL AND HOSPITAL
 EXPENSES, INSURANCE CO-PAYMENTS, DEDUCTIBLES, AND COINSURANCE, NECESSARY
 LIVING EXPENSES OF THE PERSON ACTING AS SURROGATE  TO  ARRANGE  FOR  THE
 SURROGACY,  LEGAL  FEES OF THE PERSON ACTING AS SURROGATE, AND ANY OTHER
 EXPENSES THAT AN INTENDED PARENT MAY LAWFULLY PAY TO OR ON BEHALF OF THE
 PERSON ACTING AS SURROGATE; AND (II) For the purposes of this  [section]
 SUBPARAGRAPH  "adoptive  parent"  means  the parent or his or her spouse
 seeking to adopt a child, "birth mother" means the biological mother  of
 the  child,  "birth  parent"  means  the biological mother or biological
 father of the child, AND THE TERMS "DONOR",  "INTENDED  PARENT",  PERSON
 ACTING  AS  SURROGATE", AND "SURROGACY AGREEMENT" SHALL HAVE THE MEANING
 SET FORTH IN SECTION 581-102 OF THE FAMILY COURT ACT; or

 S. 7506--A                         99                         A. 9506--A
 
   § 23. Paragraph (32) of subsection (a) of section 1113 of  the  insur-
 ance  law,  as  renumbered by chapter 626 of the laws of 2006, is renum-
 bered paragraph (33) and a new  paragraph  (32)  is  added  to  read  as
 follows:
   (32) "DONOR MEDICAL EXPENSE INSURANCE" MEANS INSURANCE INDEMNIFYING AN
 INTENDED  PARENT  FOR  MEDICAL  OR  HOSPITAL  EXPENSES THAT THE INTENDED
 PARENT IS CONTRACTUALLY OBLIGATED TO PAY UNDER A  DONOR  AGREEMENT  WHEN
 THE EXPENSES RESULT FROM MEDICAL COMPLICATIONS THAT OCCUR AS A RESULT OF
 THE  DONATION  OF  GAMETES.  FOR THE PURPOSE OF THIS PARAGRAPH, "DONOR",
 "GAMETES" AND "INTENDED PARENT" SHALL HAVE  THE  MEANING  SET  FORTH  IN
 SECTION 581-102 OF THE FAMILY COURT ACT.
   (33)  "Substantially  similar kind of insurance," means such insurance
 which in the opinion of the superintendent is determined to be  substan-
 tially  similar to one of the foregoing kinds of insurance and thereupon
 for the purposes of this chapter shall be deemed to be included in  that
 kind of insurance.
   §  24. Subsection (a) of section 2105 of the insurance law, as amended
 by section 9 of part I of chapter 61 of the laws of 2011, is amended  to
 read as follows:
   §  2105.  Excess  line  brokers; licensing. (a) The superintendent may
 issue an excess line broker's license to any person,  firm,  association
 or  corporation  who  or  which is licensed as an insurance broker under
 section two thousand one hundred four of this article, or who  or  which
 is  licensed  as  an  excess  line  broker in the licensee's home state,
 provided, however, that the applicant's home state  grants  non-resident
 licenses to residents of this state on the same basis, except that reci-
 procity  is  not required in regard to the placement of liability insur-
 ance on behalf of a purchasing group or any of its members;  authorizing
 such person, firm, association or corporation to procure, subject to the
 restrictions  herein provided, policies of insurance from insurers which
 are not authorized to transact business in this state  of  the  kind  or
 kinds  of  insurance  specified  in  paragraphs  four  through fourteen,
 sixteen, seventeen, nineteen, twenty, twenty-two, twenty-seven,  twenty-
 eight, [and] thirty-one, AND THIRTY-TWO of subsection (a) of section one
 thousand  one  hundred thirteen of this chapter and in subsection (h) of
 this section, provided, however, that the provisions of this section and
 section two thousand one hundred eighteen  of  this  article  shall  not
 apply to ocean marine insurance and other contracts of insurance enumer-
 ated  in  subsections  (b)  and  (c) of section two thousand one hundred
 seventeen of this article. Such license may be suspended or  revoked  by
 the  superintendent  whenever  in his or her judgment such suspension or
 revocation will best promote the interests of the people of this state.
   § 25. Subsection (b) of section 4101 of the insurance law  is  amended
 to read as follows:
   (b)  "Non-basic  kinds  of  insurance"  means  the  kinds of insurance
 described in the following paragraphs of subsection (a) of  section  one
 thousand  one  hundred  thirteen of this chapter numbered therein as set
 forth in parentheses below:
   accident and health (item (i) of (3));
   non-cancellable disability (item (ii) of (3));
   miscellaneous property (5);
   water damage (6);
   collision (12);
   property damage liability (14) -  non-basic  as  to  mutual  companies
 only;
   motor vehicle and aircraft physical damage (19);

 S. 7506--A                         100                        A. 9506--A
 
   inland marine as specified in marine and inland marine (20);
   marine protection and indemnity (21) - non-basic as to stock companies
 only;
   residual value (22);
   credit unemployment (24);
   gap (26);
   prize indemnification (27);
   service contract reimbursement (28);
   legal services insurance (29);
   involuntary unemployment insurance (30);
   salary protection insurance (31)[.];
   DONOR MEDICAL EXPENSE INSURANCE (32).
   § 26. Group A of table one as contained in paragraph (1) of subsection
 (a)  of  section 4103 of the insurance law, as amended by chapter 626 of
 the laws of 2006, is amended to read as follows:
                                   Group
                                    A:
 
 7                                              $300,000       $150,000
 8, 9, 10, 11, or 14 - for each such kind       $100,000       $ 50,000
 13 or 15 - for each such kind                  $500,000       $250,000
 16                                             $900,000       $450,000
 17                                             $400,000       $200,000
 Basic additional amount
 required  for  any  one
 or  more  of  the above
 kinds of insurance                             $100,000       $ 50,000
 3(i), 3(ii), 6{1} or 12{2} - for each
 such kind                                      $100,000       $ 50,000
 22                                             $2,000,000     $1,000,000
 24                                             $400,000       $200,000
 26(B)                                          $200,000       $100,000
 26(A), 26 (C) or 26{O) -
 for each such kind                             $600,000       $300,000
 27                                             $300,000       $150,000
 28                                             $2,000,000     $1,000,000
 30                                             $400,000       $200,000
 31                                             $100,000       $ 50,000
 32                                             $100,000       $ 50,000
   § 27. Group C of table three as contained in subsection (b) of section
 4107 of the insurance law, as amended by chapter  626  of  the  laws  of
 2006, is amended to read as follows:
                                  Group C:
 
 3(i) or 3(ii) - for each such kind            $  100,000   $  100,000
 22                                            $3,000,000   $2,000,000
 24                                            $  300,000   $  300,000
 26 (B)                                        $  300,000   $  200,000
 26(A), 26 (() or 26(D) -
 for each such kind                            $  900,000   $  600,000
 28                                            $3,000,000   $2,000,000
 6{5}, 12{6}  or 14{2}  - for
 each such kind                                $   50,000   $   50,000
 27                                            $  300,000   $  150,000
 30                                            $  300,000   $  300,000
 31                                            $  100,000   $  100,000

 S. 7506--A                         101                        A. 9506--A
 
 32                                            $  100,000   $  $100,000"
   §  28.  This act shall take effect January 1, 2021, provided, however,
 that the amendments to subdivision (a) of  section  439  of  the  family
 court  act  made  by section twenty-one of this act shall not affect the
 expiration of such subdivision and shall be deemed to expire  therewith.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 effective date.
 
                                  PART M
 
   Section 1. The opening paragraph of paragraph (g) of subdivision 3  of
 section  358-a of the social services law is designated subparagraph (i)
 and a new subparagraph (ii) is added to read as follows:
   (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  THE  COMMIS-
 SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
 IN SECTION FOUR HUNDRED NINE-H OF THIS CHAPTER, AND WHERE  SUCH  CHILD'S
 PLACEMENT  IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH,
 TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE  REQUIRED  PURSUANT  TO
 PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE A HEARING IN
 ACCORDANCE  WITH  SECTION  THREE  HUNDRED  NINETY-THREE OF THIS CHAPTER.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING
 SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF  THE
 CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   § 2. The social services law is amended by adding a new section 393 to
 read as follows:
   § 393. COURT  APPROVAL  OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
 MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
 IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH,  TWO  THOUSAND  TWENTY-ONE
 AND  RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN
 SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, AND WHOSE CARE AND  CUSTODY
 WERE TRANSFERRED TO THE COMMISSIONER OF A LOCAL SOCIAL SERVICES DISTRICT
 IN  ACCORDANCE WITH SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAPTER,
 OR WHOSE CUSTODY AND GUARDIANSHIP WERE TRANSFERRED TO  THE  COMMISSIONER
 OF  A  LOCAL  SOCIAL  SERVICES DISTRICT IN ACCORDANCE WITH SECTION THREE
 HUNDRED EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR-B OF THIS TITLE.
   2. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFER-
 ENCED IN SUBDIVISION ONE OF THIS  SECTION  IN  A  QUALIFIED  RESIDENTIAL
 TREATMENT PROGRAM, THE COURT SHALL:
   (I)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THIS
 ARTICLE;
   (II) DETERMINE WHETHER THE NEEDS OF  THE  CHILD  CAN  BE  MET  THROUGH
 PLACEMENT  IN  A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
 IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE
 AND APPROPRIATE LEVEL OF CARE FOR THE CHILD  IN  THE  LEAST  RESTRICTIVE
 ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM
 AND LONG-TERM GOALS FOR THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANEN-
 CY PLAN; AND
   (III)  APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY  OTHER
 PROVISION  OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL DETER-
 MINES THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL  TREAT-
 MENT  PROGRAM  IS  NOT  APPROPRIATE UNDER THE STANDARDS SET FORTH IN THE

 S. 7506--A                         102                        A. 9506--A
 
 REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN ACCORDANCE
 WITH 42 UNITED STATES CODE SECTION 672, THE COURT SHALL  DISAPPROVE  THE
 PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
 EXISTING  GOVERNING  PLACEMENT  ORDER  OF  THE COURT REGARDING THE CHILD
 WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO  MOVE  THE  CHILD
 FROM  THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY SECTION
 FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT SHALL ISSUE A  NEW  ORDER
 WHICH  SHALL  NOT PRECLUDE SUCH CHILD FROM BEING PLACED IN A RESIDENTIAL
 SETTING APPROVED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES, IN ACCORDANCE WITH 42 UNITED  STATES  CODE  SECTION  672,  FOR
 CHILDREN  WHOSE  PLACEMENT  IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM
 HAS BEEN DETERMINED TO BE INAPPROPRIATE IN ACCORDANCE WITH SECTION  FOUR
 HUNDRED NINE-H OF THIS ARTICLE.
   (C)  THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
 LIMITED TO THE PROVISIONS SET FORTH IN PARAGRAPHS (A) AND  (B)  OF  THIS
 SUBDIVISION.
   3. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
   §  3. The social services law is amended by adding a new section 409-h
 to read as follows:
   § 409-H. ASSESSMENT OF APPROPRIATENESS OF  PLACEMENT  IN  A  QUALIFIED
 RESIDENTIAL  TREATMENT  PROGRAM. 1. WITHIN THIRTY DAYS OF THE START OF A
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM OF A CHILD IN THE
 CARE AND CUSTODY OR THE CUSTODY AND GUARDIANSHIP OF THE COMMISSIONER  OF
 A  LOCAL  SOCIAL  SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY
 SERVICES THAT OCCURS ON OR AFTER SEPTEMBER  TWENTY-NINTH,  TWO  THOUSAND
 TWENTY-ONE,  A  QUALIFIED INDIVIDUAL SHALL ASSESS THE APPROPRIATENESS OF
 SUCH PLACEMENT. SUCH QUALIFIED INDIVIDUAL AND  ASSESSMENT  SHALL  BE  IN
 ACCORDANCE  WITH  THE  REGULATIONS  OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES AND 42 UNITED STATE CODE SECTION 672.
   2. (A) WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF
 THE CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT  APPROPRI-
 ATE  UNDER  THE  STANDARDS SET FORTH IN THE REGULATIONS OF THE OFFICE OF
 CHILDREN AND FAMILY SERVICES AND 42 UNITED STATES CODE SECTION 672,  THE
 LOCAL  SOCIAL  SERVICES  DISTRICT  OR  THE OFFICE OF CHILDREN AND FAMILY
 SERVICES WITH LEGAL CUSTODY OF THE CHILD SHALL REMOVE SUCH CHILD FROM  A
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM WITHIN THIRTY DAYS IN ACCORDANCE
 WITH  FEDERAL  LAW  AND  THE PROVISIONS OF 42 UNITED STATES CODE SECTION
 672, AND IF PLACEMENT OF THE CHILD IS TO CONTINUE, PLACE SAID CHILD IN A
 PLACEMENT SETTING APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
 FOR CHILDREN WHO HAVE BEEN DETERMINED TO NOT BE APPROPRIATE FOR A PLACE-
 MENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
   (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DEVELOP, POST AND
 MAINTAIN ON  THEIR  WEBSITE  AN  UP-TO-DATE  LISTING  OF  THE  PLACEMENT
 SETTINGS  APPROVED  BY SUCH OFFICE FOR CHILDREN WHO HAVE BEEN DETERMINED
 TO NOT BE APPROPRIATE FOR A PLACEMENT IN A QUALIFIED RESIDENTIAL  TREAT-
 MENT PROGRAM.
   3.  AS  USED IN THE SECTION, "QUALIFIED RESIDENTIAL TREATMENT PROGRAM"
 MEANS A PROGRAM THAT IS  A  NON-FOSTER  FAMILY  RESIDENTIAL  PROGRAM  IN
 ACCORDANCE  WITH  THE  REGULATIONS  OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES AND 42 UNITED STATES CODE SECTION 672.
   § 4. The family court act is amended by adding a new section 353.7  to
 read as follows:
   § 353.7. PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS. 1. THE
 PROVISIONS OF THIS SECTION SHALL APPLY WHEN A RESPONDENT IS PLACED ON OR

 S. 7506--A                         103                        A. 9506--A
 
 AFTER  SEPTEMBER  TWENTY-NINTH, TWO THOUSAND TWENTY-ONE AND RESIDES IN A
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM,  AS  DEFINED  IN  SECTION  FOUR
 HUNDRED  NINE-H  OF  THE SOCIAL SERVICES LAW, AND WHOSE CARE AND CUSTODY
 WERE  TRANSFERRED  TO  A LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF
 CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE.
   2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL  SOCIAL
 SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT
 TO  THIS  ARTICLE,  SUCH SOCIAL SERVICES DISTRICT OR OFFICE SHALL REPORT
 ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM AS DEFINED IN  SECTION  FOUR  HUNDRED  NINE-H  OF  THE
 SOCIAL  SERVICES  LAW  TO  THE  COURT AND THE ATTORNEYS FOR THE PARTIES,
 INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT NOT LATER THAN
 ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO PLACE  THE  RESPONDENT
 IN  THE  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM OR THE ACTUAL DATE THE
 PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL  INDI-
 CATE  THE  DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED TO OCCUR OR THE
 DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF
 SUCH NOTICE LISTS AN ANTICIPATED DATE  FOR  THE  PLACEMENT  CHANGE,  THE
 LOCAL  SOCIAL  SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE
 COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR  THE
 RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL
 OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
   (B)  WHEN  A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL
 SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
 IN  ACCORDANCE  WITH  THIS  ARTICLE  RESIDES  IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM AS DEFINED IN  SECTION  FOUR  HUNDRED  NINE-H  OF  THE
 SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S PLACEMENT IN SUCH QUAL-
 IFIED  RESIDENTIAL  TREATMENT  PROGRAM  COMMENCED  ON OR AFTER SEPTEMBER
 TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE  REQUIRED
 PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE
 A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING  SHALL
 OCCUR  NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE CHILD
 IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   3. (A) WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF  A  RESPONDENT
 REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM, THE COURT SHALL:
   (I)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF  THE
 SOCIAL SERVICES LAW;
   (II)  DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET THROUGH
 PLACEMENT IN A FOSTER  HOME  AND,  IF  NOT,  WHETHER  PLACEMENT  OF  THE
 RESPONDENT  IN  A  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
 MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT  IN  THE
 LEAST  RESTRICTIVE  ENVIRONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT
 WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT, AS SPECIFIED
 IN THE RESPONDENT'S PERMANENCY PLAN; AND
   (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
 IFIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW  TO THE CONTRARY, WHERE A QUALIFIED INDIVIDUAL
 DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED  RESIDEN-
 TIAL  TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET FORTH
 IN THE REGULATIONS OF THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  IN
 ACCORDANCE  WITH  42  UNITED  STATES  CODE  SECTION 672, THE COURT SHALL
 DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED  RESIDENTIAL
 TREATMENT PROGRAM.

 S. 7506--A                         104                        A. 9506--A
 
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
 EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT
 WOULD  NOT  PERMIT  THE  LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE TO
 MOVE THE RESPONDENT FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM  AS
 REQUIRED  BY SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE
 COURT SHALL ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE  SUCH  RESPONDENT
 FROM  BEING  PLACED IN A RESIDENTIAL SETTING APPROVED IN THE REGULATIONS
 OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  IN  ACCORDANCE  WITH  42
 UNITED  STATES CODE SECTION 672 FOR CHILDREN WHOSE PLACEMENT IN A QUALI-
 FIED RESIDENTIAL TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRI-
 ATE IN ACCORDANCE  WITH  SECTION  FOUR  HUNDRED  NINE-H  OF  THE  SOCIAL
 SERVICES LAW.
   (C)  THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
 LIMITED TO THE PROVISIONS SET FORTH IN PARAGRAPHS (A) AND  (B)  OF  THIS
 SUBDIVISION.
   4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
   §  5. Section 355.5 of the family court act is amended by adding a new
 subdivision 10 to read as follows:
   10. WHERE THE RESPONDENT REMAINS PLACED  IN  A  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM,  AS  DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW, THE  COMMISSIONER  OF  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTO-
 DY  OF  THE  RESPONDENT  SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEARING
 WITH RESPECT TO THE RESPONDENT:
   (A) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS  AND  NEEDS
 OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER HOME, THAT
 THE  PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE
 MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT  IN  THE
 LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH
 THE  SHORT-TERM  AND LONG-TERM GOALS FOR THE RESPONDENT, AS SPECIFIED IN
 THE RESPONDENT'S PERMANENCY PLAN;
   (B) DOCUMENTING THE SPECIFIC TREATMENT AND SERVICE NEEDS THAT WILL  BE
 MET  FOR  THE  RESPONDENT  IN  THE  PLACEMENT AND THE LENGTH OF TIME THE
 RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
   (C) DOCUMENTING THE EFFORTS MADE BY THE LOCAL SOCIAL SERVICES DISTRICT
 OR THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF  THE
 RESPONDENT  TO  PREPARE  THE  RESPONDENT TO RETURN HOME, OR TO BE PLACED
 WITH A FIT AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE  PARENT,  OR
 IN A FOSTER HOME.
   §  6. Section 756-a of the family court act is amended by adding a new
 subdivision (h) to read as follows:
   (H) WHERE THE RESPONDENT REMAINS PLACED  IN  A  QUALIFIED  RESIDENTIAL
 TREATMENT  PROGRAM,  AS  DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW, THE  COMMISSIONER  OF  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT  WITH  LEGAL CUSTODY OF THE RESPONDENT SHALL SUBMIT EVIDENCE AT
 THE PERMANENCY HEARING WITH RESPECT TO THE RESPONDENT:
   (I) DEMONSTRATING THAT ONGOING ASSESSMENT OF THE STRENGTHS  AND  NEEDS
 OF  THE RESPONDENT CONTINUES TO SUPPORT THE DETERMINATION THAT THE NEEDS
 OF THE RESPONDENT CANNOT BE MET THROUGH PLACEMENT IN A FOSTER HOME, THAT
 THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES  THE
 MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
 LEAST RESTRICTIVE ENVIRONMENT, AND THAT THE PLACEMENT IS CONSISTENT WITH
 THE SHORT-TERM AND LONG-TERM GOALS OF THE RESPONDENT,  AS  SPECIFIED  IN
 THE RESPONDENT'S PERMANENCY PLAN;

 S. 7506--A                         105                        A. 9506--A

   (II)  DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE
 MET FOR THE RESPONDENT IN THE PLACEMENT  AND  THE  LENGTH  OF  TIME  THE
 RESPONDENT IS EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
   (III)  DOCUMENTING  THE  EFFORTS  MADE  BY  THE  LOCAL SOCIAL SERVICES
 DISTRICT WITH LEGAL CUSTODY OF THE RESPONDENT TO PREPARE THE  RESPONDENT
 TO  RETURN  HOME, OR TO BE PLACED WITH A FIT AND WILLING RELATIVE, LEGAL
 GUARDIAN OR ADOPTIVE PARENT, OR IN A FOSTER HOME.
   § 7. The family court act is amended by adding a new section 756-b  to
 read as follows:
   § 756-B. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
 MENT  PROGRAM.  1.  THE  PROVISIONS  OF  THIS SECTION SHALL APPLY WHEN A
 RESPONDENT IS PLACED ON OR AFTER SEPTEMBER  TWENTY-NINTH,  TWO  THOUSAND
 TWENTY-ONE  AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS
 DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES  LAW,  AND
 WHOSE  CARE  AND  CUSTODY  WERE  TRANSFERRED  TO A LOCAL SOCIAL SERVICES
 DISTRICT IN ACCORDANCE WITH THIS PART.
   2. (A) WHEN A RESPONDENT IS IN THE CARE AND CUSTODY OF A LOCAL  SOCIAL
 SERVICES  DISTRICT  PURSUANT TO THIS PART, SUCH SOCIAL SERVICES DISTRICT
 SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE RESPONDENT INTO  A  QUALI-
 FIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED
 NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND  THE  ATTORNEYS  FOR
 THE  PARTIES,  INCLUDING THE ATTORNEY FOR THE RESPONDENT, FORTHWITH, BUT
 NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION  TO  PLACE
 THE  RESPONDENT  IN  THE  QUALIFIED RESIDENTIAL TREATMENT PROGRAM OR THE
 ACTUAL DATE THE PLACEMENT CHANGE OCCURRED,  WHICHEVER  IS  SOONER.  SUCH
 NOTICE  SHALL INDICATE THE DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED
 TO OCCUR OR THE DATE  THE  PLACEMENT  CHANGE  OCCURRED,  AS  APPLICABLE.
 PROVIDED,  HOWEVER,  IF  SUCH  NOTICE  LISTS AN ANTICIPATED DATE FOR THE
 PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL  SUBSEQUENTLY
 NOTIFY THE COURT AND THE ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTOR-
 NEY  FOR THE RESPONDENT, OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH
 NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING  THE  PLACE-
 MENT CHANGE.
   (B)  WHEN  A RESPONDENT WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL
 SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS PART RESIDES IN A QUAL-
 IFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR  HUNDRED
 NINE-H OF THE SOCIAL SERVICES LAW, AND WHERE SUCH RESPONDENT'S PLACEMENT
 IN  SUCH  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER
 SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE
 REQUIRED  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL
 SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING
 SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF  THE
 RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   3.  (A)  WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A RESPONDENT
 REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM, THE COURT SHALL:
   (I) CONSIDER THE ASSESSMENT, DETERMINATION AND DOCUMENTATION  MADE  BY
 THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW;
   (II) DETERMINE WHETHER THE NEEDS OF THE RESPONDENT CAN BE MET  THROUGH
 PLACEMENT  IN  A  FOSTER  HOME  AND,  IF  NOT,  WHETHER PLACEMENT OF THE
 RESPONDENT IN A QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM  PROVIDES  THE
 MOST  EFFECTIVE  AND APPROPRIATE LEVEL OF CARE FOR THE RESPONDENT IN THE
 LEAST RESTRICTIVE ENVIRONMENT AND WHETHER THAT PLACEMENT  IS  CONSISTENT

 S. 7506--A                         106                        A. 9506--A
 
 WITH  THE SHORT-TERM AND LONG-TERM GOALS FOR THE RESPONDENT AS SPECIFIED
 IN THE RESPONDENT'S PERMANENCY PLAN; AND
   (III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE RESPONDENT IN A QUAL-
 IFIED  RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE  QUALIFIED  INDIVIDUAL
 DETERMINES  THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN-
 TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET  FORTH
 IN  THE  REGULATIONS  OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES IN
 ACCORDANCE WITH 42 UNITED STATES  CODE  SECTION  672,  THE  COURT  SHALL
 DISAPPROVE  THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
 EXISTING GOVERNING PLACEMENT ORDER OF THE COURT REGARDING THE RESPONDENT
 WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE RESPOND-
 ENT FROM THE QUALIFIED RESIDENTIAL  TREATMENT  PROGRAM  AS  REQUIRED  BY
 SECTION  FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL
 ISSUE A NEW ORDER WHICH SHALL NOT PRECLUDE SUCH  RESPONDENT  FROM  BEING
 PLACED  IN  A  RESIDENTIAL  SETTING  APPROVED  IN THE REGULATIONS OF THE
 OFFICE OF CHILDREN AND FAMILY SERVICES  IN  ACCORDANCE  WITH  42  UNITED
 STATES  CODE  SECTION  672  FOR  CHILDREN WHOSE PLACEMENT IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN
 ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
   (C) THE SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL  BE
 LIMITED  TO  THE  PROVISIONS SET FORTH IN PARAGRAPHS (A) AND (B) OF THIS
 SUBDIVISION.
   4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
   § 8. The opening paragraph of subdivision 5 of  section  1017  of  the
 family  court act is designated paragraph (a) and a new paragraph (b) is
 added to read as follows:
   (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED  TO  THE  COMMIS-
 SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
 IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL  SERVICES  LAW,  AND  WHERE
 SUCH  CHILD'S  PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER
 TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE  REQUIRED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION THE COURT SHALL SCHEDULE A
 HEARING  IN  ACCORDANCE  WITH  SECTION ONE THOUSAND FIFTY-FIVE-C OF THIS
 ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
 SUCH  HEARING  SHALL  OCCUR  NO  LATER THAN SIXTY DAYS FROM THE DATE THE
 PLACEMENT OF THE CHILD IN THE QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM
 COMMENCED.
   §  9.  The opening paragraph of subdivision (j) of section 1055 of the
 family court act is designated paragraph (i) and a new paragraph (ii) is
 added to read as follows:
   (II) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO  THE  COMMIS-
 SIONER  OF  A  LOCAL  SOCIAL  SERVICES  DISTRICT IN ACCORDANCE WITH THIS
 SECTION RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED
 IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL  SERVICES  LAW,  AND  WHERE
 SUCH  CHILD'S  PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER
 TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF  NOTICE  REQUIRED
 PURSUANT  TO PARAGRAPH (I) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE
 A HEARING IN ACCORDANCE WITH SECTION ONE THOUSAND FIFTY-FIVE-C  OF  THIS
 PART.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH
 HEARING SHALL OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT
 OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.

 S. 7506--A                         107                        A. 9506--A
 
   § 10. The family court act is amended by adding a new  section  1055-c
 to read as follows:
   § 1055-C. COURT  APPROVAL  OF  PLACEMENT  IN  A  QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN  A
 CHILD  IS  PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
 TY-ONE AND RESIDES IN A  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM,  AS
 DEFINED  IN  SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND
 WHOSE CARE AND CUSTODY WERE TRANSFERRED TO THE COMMISSIONER OF  A  LOCAL
 SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE.
   2. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
 IN  SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM, THE COURT SHALL:
   (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
 THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW;
   (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
 MENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD  IN  A
 QUALIFIED  RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND
 APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST  RESTRICTIVE  ENVI-
 RONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND
 LONG-TERM  GOALS  FOR  THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY
 PLAN; AND
   (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD  IN  A  QUALIFIED
 RESIDENTIAL  TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL  DETER-
 MINES  THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-
 MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS  SET  FORTH  IN  THE
 REGULATIONS  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE
 WITH 42 UNITED STATES CODE SECTION 672, THE COURT SHALL  DISAPPROVE  THE
 PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
   3.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
 EXISTING GOVERNING PLACEMENT ORDER OF  THE  COURT  REGARDING  THE  CHILD
 WOULD  NOT  PERMIT  THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD
 FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY  SECTION
 FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A
 NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM  BEING  PLACED  IN  A
 RESIDENTIAL  SETTING  APPROVED IN THE REGULATIONS OF THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES  IN  ACCORDANCE  WITH  42  UNITED  STATES  CODE
 SECTION  672  FOR  CHILDREN  WHOSE  PLACEMENT IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN  ACCORDANCE
 WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
   4.  THE  SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
 LIMITED TO THE PROVISIONS SET FORTH IN SUBDIVISIONS  TWO  AND  THREE  OF
 THIS SECTION.
   5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
   §  11.  Clause  (C) of subparagraph (ix) of paragraph 5 of subdivision
 (c) of section 1089 of the family court act, as added by section  27  of
 part  A of chapter 3 of the laws of 2005, is amended and a new paragraph
 6 is added to read as follows:
   (C) if the child is over age fourteen and has voluntarily withheld his
 or her consent to an adoption, the facts and circumstances regarding the
 child's decision to withhold consent and the reasons therefor[.]; AND
   (6) WHERE THE CHILD REMAINS PLACED IN A QUALIFIED  RESIDENTIAL  TREAT-
 MENT  PROGRAM,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
 SERVICES LAW, THE COMMISSIONER OF  THE  SOCIAL  SERVICES  DISTRICT  WITH

 S. 7506--A                         108                        A. 9506--A
 
 LEGAL CUSTODY OF THE CHILD SHALL SUBMIT EVIDENCE AT THE PERMANENCY HEAR-
 ING WITH RESPECT TO THE CHILD:
   (I)  DEMONSTRATING  THAT ONGOING ASSESSMENT OF THE STRENGTHS AND NEEDS
 OF THE CHILD CONTINUES TO SUPPORT THE DETERMINATION THAT  THE  NEEDS  OF
 THE  CHILD  CANNOT  BE  MET THROUGH PLACEMENT IN A FOSTER HOME, THAT THE
 PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST
 EFFECTIVE AND APPROPRIATE LEVEL OF CARE  FOR  THE  CHILD  IN  THE  LEAST
 RESTRICTIVE  ENVIRONMENT,  AND THAT THE PLACEMENT IS CONSISTENT WITH THE
 SHORT-TERM AND LONG-TERM GOALS  FOR  THE  CHILD,  AS  SPECIFIED  IN  THE
 CHILD'S PERMANENCY PLAN;
   (II)  DOCUMENTING THE SPECIFIC TREATMENT OR SERVICE NEEDS THAT WILL BE
 MET FOR THE CHILD IN THE PLACEMENT AND THE LENGTH OF TIME THE  CHILD  IS
 EXPECTED TO NEED THE TREATMENT OR SERVICES; AND
   (III)  DOCUMENTING  THE  EFFORTS  MADE  BY  THE  LOCAL SOCIAL SERVICES
 DISTRICT TO PREPARE THE CHILD TO RETURN HOME, OR TO BE PLACED WITH A FIT
 AND WILLING RELATIVE, LEGAL GUARDIAN OR ADOPTIVE PARENT, OR IN A  FOSTER
 HOME.
   §  12.  The  opening  paragraph of clause (H) of subparagraph (vii) of
 paragraph 2 of subdivision (d) of section 1089 of the family court  act,
 is designated item (I) and a new item (II) is added to read as follows:
   (II)  WHEN  A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO THE COMMIS-
 SIONER OF A LOCAL SOCIAL  SERVICES  DISTRICT  IN  ACCORDANCE  WITH  THIS
 SECTION  RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS DEFINED
 IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW AND WHERE SUCH
 CHILD'S PLACEMENT IN SUCH PROGRAM COMMENCED ON OR AFTER SEPTEMBER  TWEN-
 TY-NINTH,  TWO  THOUSAND  TWENTY-ONE,  UPON  RECEIPT  OF NOTICE REQUIRED
 PURSUANT TO ITEM (I) OF THIS CLAUSE, THE COURT SHALL SCHEDULE A  HEARING
 IN  ACCORDANCE  WITH  SECTION  THREE  HUNDRED NINETY-THREE OF THE SOCIAL
 SERVICES LAW OR SECTION ONE THOUSAND FIFTY-FIVE-C, ONE THOUSAND  NINETY-
 ONE-A  OR ONE THOUSAND NINETY-SEVEN OF THIS CHAPTER. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY,  SUCH  HEARING  SHALL  OCCUR  NO
 LATER  THAN  SIXTY  DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   § 13. The family court act is amended by adding a new  section  1091-a
 to read as follows:
   § 1091-A. COURT  APPROVAL  OF  PLACEMENT  IN  A  QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN  A
 FORMER  FOSTER  CARE YOUTH IS PLACED ON OR AFTER SEPTEMBER TWENTY-NINTH,
 TWO THOUSAND TWENTY-ONE, AND RESIDES IN A QUALIFIED  RESIDENTIAL  TREAT-
 MENT  PROGRAM,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-H OF THE SOCIAL
 SERVICES LAW, AND WHOSE CARE AND CUSTODY WERE  TRANSFERRED  TO  A  LOCAL
 SOCIAL  SERVICES  DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
 IN ACCORDANCE WITH THIS ARTICLE.
   2. (A) WHEN A FORMER FOSTER CARE YOUTH IS IN THE CARE AND CUSTODY OF A
 LOCAL SOCIAL SERVICES DISTRICT OR THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  PURSUANT  TO  THIS  ARTICLE,  SUCH SOCIAL SERVICES DISTRICT OR
 OFFICE SHALL REPORT ANY ANTICIPATED PLACEMENT OF THE FORMER FOSTER  CARE
 YOUTH  INTO  A  QUALIFIED  RESIDENTIAL  TREATMENT PROGRAM, AS DEFINED IN
 SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, TO THE COURT AND
 THE ATTORNEYS FOR THE PARTIES, INCLUDING THE  ATTORNEY  FOR  THE  FORMER
 FOSTER  CARE  YOUTH,  FORTHWITH,  BUT  NOT  LATER  THAN ONE BUSINESS DAY
 FOLLOWING EITHER THE DECISION TO PLACE THE FORMER FOSTER CARE  YOUTH  IN
 THE  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM  OR  THE ACTUAL DATE THE
 PLACEMENT CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH NOTICE SHALL  INDI-
 CATE  THE  DATE THAT THE PLACEMENT CHANGE IS ANTICIPATED TO OCCUR OR THE
 DATE THE PLACEMENT CHANGE OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER, IF

 S. 7506--A                         109                        A. 9506--A
 
 SUCH NOTICE LISTS AN ANTICIPATED DATE  FOR  THE  PLACEMENT  CHANGE,  THE
 LOCAL  SOCIAL  SERVICES DISTRICT OR OFFICE SHALL SUBSEQUENTLY NOTIFY THE
 COURT AND ATTORNEYS FOR THE PARTIES,  INCLUDING  THE  ATTORNEY  FOR  THE
 CHILD,  OF  THE  DATE  THE  PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL
 OCCUR NO LATER THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
   (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL
 SERVICES DISTRICT OR THE OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  IN
 ACCORDANCE  WITH  THIS ARTICLE RESIDES IN A QUALIFIED RESIDENTIAL TREAT-
 MENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H  OF  THE  SOCIAL
 SERVICES  LAW,  AND WHERE SUCH CHILD'S PLACEMENT IN SUCH QUALIFIED RESI-
 DENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER SEPTEMBER  TWENTY-NINTH,
 TWO  THOUSAND  TWENTY-ONE,  UPON  RECEIPT OF NOTICE REQUIRED PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL SCHEDULE A HEARING IN
 ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, SUCH HEARING SHALL OCCUR NO
 LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE  CHILD  IN  THE
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   3.  WITHIN  SIXTY  DAYS OF THE START OF A PLACEMENT OF A FORMER FOSTER
 CARE YOUTH REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A  QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL:
   (A)  CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE BY
 THE QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF  THE
 SOCIAL SERVICES LAW;
   (B) DETERMINE WHETHER THE NEEDS OF THE FORMER FOSTER CARE YOUTH CAN BE
 MET THROUGH PLACEMENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF
 THE  FORMER  FOSTER  CARE  YOUTH  IN  A  QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL  OF  CARE  FOR
 THE  FORMER  FOSTER  CARE YOUTH IN THE LEAST RESTRICTIVE ENVIRONMENT AND
 WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM  AND  LONG-TERM
 GOALS  FOR  THE  FORMER  FOSTER  CARE  YOUTH, AS SPECIFIED IN THE FORMER
 FOSTER CARE YOUTH'S PERMANENCY PLAN; AND
   (C) APPROVE OR DISAPPROVE THE PLACEMENT  OF  THE  FORMER  FOSTER  CARE
 YOUTH   IN  QUALIFIED  RESIDENTIAL  TREATMENT  PROGRAM.  PROVIDED  THAT,
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  WHERE  THE
 QUALIFIED  INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE FORMER FOSTER
 CARE YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRI-
 ATE UNDER THE STANDARDS SET FORTH IN THE REGULATIONS OF  THE  OFFICE  OF
 CHILDREN  AND  FAMILY  SERVICES IN ACCORDANCE WITH 42 UNITED STATES CODE
 SECTION 672, THE COURT SHALL DISAPPROVE  THE  PLACEMENT  OF  THE  FORMER
 FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
   4.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
 EXISTING GOVERNING PLACEMENT ORDER OF THE  COURT  REGARDING  THE  FORMER
 FOSTER CARE YOUTH WOULD NOT PERMIT THE LOCAL SOCIAL SERVICES DISTRICT OR
 THE OFFICE TO MOVE THE FORMER FOSTER CARE YOUTH FROM THE QUALIFIED RESI-
 DENTIAL  TREATMENT PROGRAM AS REQUIRED BY SECTION FOUR HUNDRED NINE-H OF
 THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A NEW ORDER  WHICH  SHALL
 NOT  PRECLUDE SUCH FORMER FOSTER CARE YOUTH FROM BEING PLACED IN A RESI-
 DENTIAL SETTING APPROVED IN THE REGULATIONS OF THE  OFFICE  OF  CHILDREN
 AND FAMILY SERVICES IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 672
 FOR  CHILDREN  WHOSE  PLACEMENT  IN  A  QUALIFIED  RESIDENTIAL TREATMENT
 PROGRAM HAS BEEN DETERMINED  TO  BE  INAPPROPRIATE  IN  ACCORDANCE  WITH
 SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
   5.  THE  SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
 LIMITED TO THE PROVISIONS SET FORTH IN SUBDIVISIONS THREE  AND  FOUR  OF
 THIS SECTION.

 S. 7506--A                         110                        A. 9506--A
 
   6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD.
   §  14. The family court act is amended by adding a new section 1097 to
 read as follows:
   § 1097. COURT APPROVAL OF PLACEMENT IN A QUALIFIED RESIDENTIAL  TREAT-
 MENT PROGRAM. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY WHEN A CHILD
 IS  PLACED  ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
 AND RESIDES IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED  IN
 SECTION  FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, AND WHOSE CARE
 AND CUSTODY WERE TRANSFERRED TO A LOCAL SOCIAL SERVICES DISTRICT OR  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH THIS ARTICLE.
   2.  (A)  WHEN  A  CHILD  IS  IN THE CARE AND CUSTODY OF A LOCAL SOCIAL
 SERVICES  DISTRICT  PURSUANT  TO  THIS  ARTICLE,  SUCH  SOCIAL  SERVICES
 DISTRICT  SHALL  REPORT  ANY  ANTICIPATED  PLACEMENT OF THE CHILD INTO A
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM,  AS  DEFINED  IN  SECTION  FOUR
 HUNDRED  NINE-H  OF THE SOCIAL SERVICES LAW, TO THE COURT AND THE ATTOR-
 NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE  CHILD,  FORTHWITH,
 BUT  NOT  LATER  THAN  ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO
 PLACE THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT  PROGRAM  OR  THE
 ACTUAL  DATE  THE  PLACEMENT  CHANGE OCCURRED, WHICHEVER IS SOONER. SUCH
 NOTICE SHALL INDICATE THE DATE THAT THE PLACEMENT CHANGE IS  ANTICIPATED
 TO  OCCUR  OR  THE  DATE  THE  PLACEMENT CHANGE OCCURRED, AS APPLICABLE.
 PROVIDED, HOWEVER, IF SUCH NOTICE LISTS  AN  ANTICIPATED  DATE  FOR  THE
 PLACEMENT  CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBSEQUENTLY
 NOTIFY THE COURT AND ATTORNEYS FOR THE PARTIES, INCLUDING  THE  ATTORNEY
 FOR  THE  CHILD,  OF THE DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE
 SHALL OCCUR NO LATER THAN  ONE  BUSINESS  DAY  FOLLOWING  THE  PLACEMENT
 CHANGE.
   (B) WHEN A CHILD WHOSE LEGAL CUSTODY WAS TRANSFERRED TO A LOCAL SOCIAL
 SERVICES DISTRICT IN ACCORDANCE WITH THIS ARTICLE RESIDES IN A QUALIFIED
 RESIDENTIAL TREATMENT PROGRAM, AS DEFINED IN SECTION FOUR HUNDRED NINE-H
 OF  THE  SOCIAL  SERVICES  LAW, AND WHERE SUCH CHILD'S PLACEMENT IN SUCH
 QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED ON OR AFTER  SEPTEMBER
 TWENTY-NINTH,  TWO  THOUSAND TWENTY-ONE, UPON RECEIPT OF NOTICE REQUIRED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL  SCHEDULE
 A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. NOTWITH-
 STANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL
 OCCUR NO LATER THAN SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE  CHILD
 IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
   3. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A CHILD REFERENCED
 IN  SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESIDENTIAL TREATMENT
 PROGRAM, THE COURT SHALL:
   (A) CONSIDER THE ASSESSMENT, DETERMINATION, AND DOCUMENTATION MADE  BY
 THE  QUALIFIED INDIVIDUAL PURSUANT TO SECTION FOUR HUNDRED NINE-H OF THE
 SOCIAL SERVICES LAW;
   (B) DETERMINE WHETHER THE NEEDS OF THE CHILD CAN BE MET THROUGH PLACE-
 MENT IN A FOSTER HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD  IN  A
 QUALIFIED  RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND
 APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST  RESTRICTIVE  ENVI-
 RONMENT AND WHETHER THAT PLACEMENT IS CONSISTENT WITH THE SHORT-TERM AND
 LONG-TERM  GOALS  FOR  THE CHILD, AS SPECIFIED IN THE CHILD'S PERMANENCY
 PLAN; AND
   (C) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE  QUALIFIED
 RESIDENTIAL  TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL  DETER-
 MINES  THAT THE PLACEMENT OF THE CHILD IN A QUALIFIED RESIDENTIAL TREAT-

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 MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS  SET  FORTH  IN  THE
 REGULATIONS  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ACCORDANCE
 WITH 42 UNITED STATES CODE SECTION 672, THE COURT SHALL  DISAPPROVE  THE
 PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
   4.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
 EXISTING GOVERNING PLACEMENT ORDER OF  THE  COURT  REGARDING  THE  CHILD
 WOULD  NOT  PERMIT  THE LOCAL SOCIAL SERVICES DISTRICT TO MOVE THE CHILD
 FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM AS REQUIRED BY  SECTION
 FOUR  HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT SHALL ISSUE A
 NEW ORDER WHICH SHALL NOT PRECLUDE SUCH CHILD FROM  BEING  PLACED  IN  A
 RESIDENTIAL  SETTING  APPROVED IN THE REGULATIONS OF THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES  IN  ACCORDANCE  WITH  42  UNITED  STATES  CODE
 SECTION  672  FOR  CHILDREN  WHOSE  PLACEMENT IN A QUALIFIED RESIDENTIAL
 TREATMENT PROGRAM HAS BEEN DETERMINED TO BE INAPPROPRIATE IN  ACCORDANCE
 WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW.
   5.  THE  SCOPE OF THE COURT'S CONSIDERATION AND DETERMINATION SHALL BE
 LIMITED TO THE PROVISIONS SET FORTH IN SUBDIVISIONS THREE  AND  FOUR  OF
 THIS SECTION.
   6. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
 SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
   §  15.  Severability.  If  any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 paragraph,  section or part of this act directly involved in the contro-
 versy in which the judgment shall have been rendered.
   § 16. This act shall take effect September 29, 2021; provided,  howev-
 er, that:
   (a) (i) notwithstanding any other provision of law, provisions in this
 act  shall  not take effect unless and until the state title IV-E agency
 submits to the United States Department of Health  and  Human  Services,
 Administration  for  Children,  Youth  and Families, an amendment to the
 title IV-E state plan and the United States  Department  of  Health  and
 Human Services, Administration for Children, Youth and Families approves
 said title IV-E state plan amendment regarding when a child is placed in
 a  qualified  residential treatment program in relation to the following
 components: (1) the establishment of the  30-day  assessment  as  estab-
 lished  by  section  three  of this act; (2) the 60-day court reviews as
 established by sections one, two, four, seven, eight, nine, ten, twelve,
 thirteen and fourteen of this act; and (3) permanency  hearing  require-
 ments as established by sections five, six and eleven of this act;
   (ii)  provided however, that if the United States Department of Health
 and Human Services, Administration  for  Children,  Youth  and  Families
 fails  to  approve  or disapproves any of the components listed in para-
 graph (i) of this subdivision, such action shall not impact  the  effec-
 tive date for the remaining components listed therein;
   (b) the office of children and family services shall inform the legis-
 lative  bill  drafting  commission upon the occurrence of the submission
 set forth in subdivision (a) of this section and  any  approval  related
 thereto in order that the commission may maintain an effective and time-
 ly  database  of  the official texts of the state of laws of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law;
   (c) if chapter 732 of the laws of 2019 shall not have taken effect  on
 or before such effective date, then sections one, eight, nine and twelve

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 of  this act shall take effect on the same date and same manner as chap-
 ter 732 of the laws of 2019, takes effect;
   (d)  for  the  purposes  of this act, the term "placement" shall refer
 only to placements made on or after the effective date of the Title IV-E
 state plan to establish the 30-day assessment, 60-day court  review  and
 permanency  hearing  requirements set forth in this act that occur on or
 after its effective date; and
   (e) the office of children and family services and the office of court
 administration are hereby authorized to promulgate such rules and  regu-
 lations  as  may be necessary to implement the provisions of this act on
 or before such effective date.
 
                                  PART N
 
   Section 1. Subdivision 10 of section 153 of the social  services  law,
 as amended by section 1 of subpart B of part K of chapter 56 of the laws
 of 2017, is amended to read as follows:
   10.  Expenditures  made  by a social services district for the mainte-
 nance of children with disabilities, placed by school districts,  pursu-
 ant  to  section  forty-four hundred five of the education law shall, if
 approved by the office of children and family services,  be  subject  to
 [eighteen and four hundred twenty-four thousandths percent reimbursement
 by  the  state and thirty-eight and four hundred twenty-four thousandths
 percent reimbursement by school districts, except  for  social  services
 districts  located  within  a  city  with a population of one million or
 more, where such expenditures shall be subject to] fifty-six  and  eight
 hundred  forty-eight  thousandths  percent  reimbursement  by the school
 district, in accordance with paragraph c of subdivision one  of  section
 forty-four  hundred  five  of  the  education law, after first deducting
 therefrom any federal funds received or to be  received  on  account  of
 such  expenditures,  except  that  in  the case of a student attending a
 state-operated school for the deaf or blind pursuant to article  eighty-
 seven  or  eighty-eight  of the education law who was not placed in such
 school by a school district such expenditures shall be subject to  fifty
 percent reimbursement by the [state] SCHOOL DISTRICT after first deduct-
 ing therefrom any federal funds received or to be received on account of
 such  expenditures  [and  there  shall  be  no  reimbursement  by school
 districts].  Such expenditures shall not be subject to  the  limitations
 on  state  reimbursement  contained  in  subdivision  two of section one
 hundred fifty-three-k of this title. In the event of the failure of  the
 school  district  to  make  the  maintenance  payment  pursuant  to  the
 provisions of this subdivision, the  state  comptroller  shall  withhold
 state  reimbursement  to  any such school district in an amount equal to
 the unpaid obligation for maintenance and  pay  over  such  sum  to  the
 social  services  district upon certification of the commissioner of the
 office of children and family services and the commissioner of education
 that such funds are overdue  and  owed  by  such  school  district.  The
 commissioner of the office of children and family services, in consulta-
 tion with the commissioner of education, shall promulgate regulations to
 implement the provisions of this subdivision.
   § 2. Paragraph b of subdivision 1 of section 4405 of the education law
 is REPEALED.
   §  3.    This act shall take effect immediately; provided however that
 the amendments to subdivision 10 of section 153 of the  social  services
 law, by section one of this act, shall not affect the expiration of such
 subdivision and shall be deemed to expire therewith.

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                                  PART O
 
   Section  1. Subdivisions 2, 3, 4 and 5 of section 365 of the executive
 law, as added by section 5 of part W of chapter 57 of the laws of  2013,
 the  opening  paragraph of paragraph (a), the opening paragraph of para-
 graph (b), paragraph (g), the opening paragraph of subparagraph (ii) and
 clause 6 of subparagraph (ii) of  paragraph  (h)  of  subdivision  2  as
 amended  by section 11 of part AA of chapter 56 of the laws of 2019, are
 amended to read as follows:
   2. The establishment of the first New York  state  veterans  cemetery.
 (a)  The  division,  in cooperation with the United States department of
 veterans affairs, and in consultation with, and upon the support of  the
 department  of  state  division  of  cemeteries,  is  hereby directed to
 conduct an investigation and study on the issue of the construction  and
 establishment  of  the  first  New  York  state veterans' cemetery. Such
 investigation and study shall include, but not be limited to:
   (i) Potential site locations for such cemetery,  with  full  consider-
 ation as to the needs of the veterans population;
   (ii) The size of the cemetery and types of grave sites;
   (iii) The number of annual interments at the cemetery;
   (iv)  Transportation  accessibility to the cemetery by veterans, their
 families and the general public;
   (v) Costs for construction of the cemetery;
   (vi) Costs of operation of the cemetery, including but not limited  to
 staffing costs to maintain the cemetery;
   (vii) Scalability of the cemetery for future growth and expansion;
   (viii)  Potential for funding for the cemetery from federal, local and
 private sources;
   (ix) Cost of maintenance;
   (x) Data on the population that would be served by the site;
   (xi) The average age of the population in the area covered;
   (xii) The mortality rate of the veteran population for the area;
   (xiii) Surrounding land use;
   (xiv) Topography of the land;
   (xv) Site characteristics;
   (xvi) Cost of land acquisition;
   (xvii) The location of existing cemeteries including but  not  limited
 to  national  veterans'  cemeteries,  county veterans' cemeteries, ceme-
 teries that have plots devoted to  veterans,  not-for-profit  cemeteries
 and  any  other  burial ground devoted to veterans and any other type of
 burial grounds devoted to the interment of  human  remains  that  is  of
 public record; and
   (xviii)  Such  other and further items as the director of the division
 deems necessary for the first state veterans cemetery to be successful.
   A report of the investigation and study conclusions shall be delivered
 to the governor, the temporary president of the senate, the  speaker  of
 the assembly and the chair of the senate committee on veterans, homeland
 security  and  military affairs, and the chair of the assembly committee
 on veterans' affairs by no later than one hundred eighty days after  the
 division has commenced the conduct of the investigation and study.
   (b) [Prior to the commencement of the investigation and study pursuant
 to  paragraph  (a)  of this subdivision, the director of the division of
 veterans' services, the director of the  division  of  the  budget,  the
 director  of  the  department of state's division of cemeteries, and the
 office of the state comptroller must certify to the governor, the tempo-
 rary president of the senate, the speaker of the assembly, the chair  of

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 the  senate  finance  committee  and  the chair of the assembly ways and
 means committee that the veterans remembrance and  cemetery  maintenance
 and operation fund, created pursuant to section ninety-seven-mmmm of the
 state  finance  law,  contains  moneys  sufficient,  adjusted to reflect
 projected future inflation, to fund the operation, maintenance  and  the
 provision  of  perpetual care of a state veterans' cemetery for a period
 of not less than fifteen years, provided  that  such  amount  shall  not
 include  any amount that shall be reimbursed or contributed to the ceme-
 tery from the government of the United States or any amount  that  would
 be  recoverable  by  the  cemetery  pursuant  to a charge of fee for the
 provision of a grave site for a non-veteran spouse or family member.  In
 making  such  a certification, the director of the division of veterans'
 services, the director of the division of the budget,  the  director  of
 the  department of state's division of cemeteries, and the office of the
 state comptroller shall consider, but are not limited to, the  following
 factors:
   (i)  physical  attributes  of  the  veterans cemetery, including size,
 location, and terrain;
   (ii) management and  operation,  including  staffing  costs,  cost  of
 equipment and equipment maintenance, and security costs;
   (iii)  relevant  state and federal requirements and specifications for
 interment and perpetual care;
   (iv) estimates provided by the United States  department  of  veterans
 affairs;
   (v) any other fiscal cost, charge or assessment that would be incurred
 by the cemetery.
   (c) By no later than ninety days following the issuance of the report,
 pursuant to the rules and regulations issued under paragraph (h) of this
 subdivision,  the  director  shall  issue,  on behalf of the division, a
 request for proposals for any local  government  desiring  to  have  the
 first  state veterans cemetery located within its political subdivision.
 Such request for proposals shall be returnable to  the  division  by  no
 later  than  sixty  days  following  the  issuance  of  the  request for
 proposals.
   (d)] No later than sixty days following the [deadline for  the  return
 of requests for proposals] SUBMISSION OF THE REPORT OF THE INVESTIGATION
 AND  STUDY  CONCLUSIONS pursuant to paragraph [(c)] (A) of this subdivi-
 sion, the director[, in consultation with the management  board  of  the
 first  New  York  state  veterans cemetery,] shall select a site for the
 first New York state veterans cemetery.  In  selecting  such  site,  the
 director shall consider:
   (i)  The investigation and study, and the report produced by the same,
 pursuant to paragraph (a) of this subdivision;
   (ii) [The submitted responses to the  requests  for  proposals  issued
 pursuant to paragraph (b) of this subdivision;
   (iii)]  The  guidelines  for  receipt  of federal funding specified in
 section 2408 of title 38 of the United States code, part 39 of title  38
 of the code of federal regulations, and any other relevant federal stat-
 ute or regulation;
   [(iv)]  (III)  The  possibility  of  funding from private individuals,
 corporations or foundations; and
   [(v)] (IV) Any other consideration that would facilitate the  success-
 ful operation of the first New York state veterans cemetery.
   [(e)]  (C)  No  later  than thirty days following the selection of the
 site pursuant to paragraph [(d)] (B) of this subdivision, the director[,
 in consultation with the management board of the first  New  York  state

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 veterans  cemetery,]  shall commence the application process for funding
 from the government of the United States, in accordance with  the  grant
 requirements  specified in section 2408 of title 38 of the United States
 code,  part  39  of title 38 of the code of federal regulations, and any
 other relevant federal statute or regulation, for the purpose of seeking
 funds to support the construction,  establishment,  expansion,  improve-
 ment,  support,  operation,  maintenance  and the provision of perpetual
 care of New York state's first veterans cemetery. Such grant application
 shall be based on a site selected pursuant to  paragraph  [(d)]  (B)  of
 this  subdivision,  and  shall  be  consistent  with  the guidelines for
 receipt of federal funding pursuant to the relevant provisions of feder-
 al law.
   [(f)] (D) A management board for the first  New  York  state  veterans
 cemetery  shall  be  appointed  pursuant  to  subdivision  three of this
 section.
   [(g) Nothing in this section shall be construed to authorize the divi-
 sion of veterans' services to commence an investigation and study pursu-
 ant to  paragraph  (a)  of  this  subdivision,  issuing  a  request  for
 proposals  pursuant  to  paragraph  (c) of this subdivision, selecting a
 site for the first New York state veterans' cemetery pursuant  to  para-
 graph (d) of this subdivision, or submitting any application for funding
 from  the  government  of the United States in accordance with the grant
 requirements specified in section 2408 of title 38 of the United  States
 code,  part 30 of title 38 of the code of federal regulations, and other
 relevant federal statutes or regulations, for  the  purpose  of  seeking
 funds  to  support  the construction, establishment, expansion, improve-
 ment, support, operation, maintenance and  the  provision  of  perpetual
 care  of New York state's first veterans' cemetery pursuant to paragraph
 (e) of this subdivision until the funds in the veterans remembrance  and
 cemetery  maintenance and operation fund have been certified pursuant to
 paragraph (b) of this subdivision.]
   [(h)] (E) The director shall promulgate rules and regulations  govern-
 ing:
   (i) [The guidelines and standards for the construction, establishment,
 expansion,   improvement,   support,   operation,  maintenance  and  the
 provision of perpetual care for a state veterans cemetery.  Such  guide-
 lines shall include, but not be limited to:
   (1) The size and terrain of the cemetery;
   (2)  The  management  and operation of the cemetery, including but not
 limited to:
   (A) Hours of operation;
   (B) Employees, employee relations, and employee duties;
   (C) The conduct and practice of events, ceremonies and programs;
   (D) The filing and compliance of the cemetery with state  and  federal
 regulators; and
   (E)  Such  other  and further operational and management practices and
 procedures as the director shall  determine  to  be  necessary  for  the
 successful operation of a state veterans cemetery.
   (3) The layout of plots;
   (4)  The  locations  of building and infrastructure, including but not
 limited to:
   (A) Electrical lines and facilities;
   (B) Waterlines, irrigation systems, and drainage facilities;
   (C) Trees, flowers and other plantings;
   (D) Non gravesite memorials, gravesite memorials,  mausoleums,  colum-
 barium  niches,  headstones, grave markers, indoor interment facilities,

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 committal-service shelters, signage,  flag  poles,  and  other  memorial
 gathering spaces or infrastructure;
   (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
   (F) Ponds, lakes and other water sites;
   (G)  Retaining walls, gates, fences, security systems or other devices
 for cemetery protection; and
   (H) Any other buildings, structures or  infrastructure  necessary  for
 the safe, efficient and effective operation of the cemetery;
   (5)  The  qualifications for interment, consistent with the provisions
 of state and federal law and any requirements pursuant to the receipt of
 federal, state, local or private funds;
   (6) The location and placement of interments;
   (7) Consistent with the provisions of state and federal  law  and  any
 requirements pursuant to the receipt of federal, state, local or private
 funds,  the  financial  management  of  the  cemetery, including but not
 limited to:
   (A) The procedures for the protection and implementation of the  ceme-
 tery's annual budget;
   (B)  The  seeking,  collecting,  deposit  and expenditure of operating
 funds pursuant to the cemetery's budget;
   (C) The seeking, collecting, deposit and expenditure of capital  funds
 pursuant to the cemetery's capital plan;
   (D)  The  seeking,  collecting,  deposit  and expenditure of emergency
 funds to address an unexpected event;
   (E) The assessment, charging,  collection  and  deposit  of  fees  and
 charges;
   (F) The management of cemetery finances, both current and future, with
 respect to investments; and
   (G)  Such  other  and further procedures and activities concerning the
 financial management of the cemetery;
   (8) The provision of perpetual care for the  cemetery,  including  but
 not limited to:
   (A)  The  frequency,  standards and methods for the beautification and
 maintenance of grounds,  memorials,  gravesites,  buildings,  ceremonial
 sites, or other locations within, or upon the curtilage of the cemetery;
   (B)  The  frequency, standards and methods for the provision of flags,
 patriotic and military  symbols,  and  other  honorary  items,  at  each
 gravesite and throughout the cemetery; and
   (C)  Such  other  and further standards as are necessary to assure the
 proper perpetual care of the cemetery in a manner befitting the  highest
 level  of  honor and respect deserving to those veterans and their fami-
 lies interred in the cemetery;
   (9) Guidelines and standards for the procurement of land for the ceme-
 tery providing that the state veterans cemetery, and  all  the  property
 upon which it resides shall be owned in fee simple absolute by the state
 of New York;
   (10) Guidelines and standards for the practices and procedures for the
 construction  and  establishment of a state veterans cemetery, including
 contracting  and  purchasing  for  construction  services,  professional
 services,  legal  services, architectural services, consulting services,
 as well as the procurement of materials, all consistent with  the  rele-
 vant provisions of federal, state and local law, the regulations promul-
 gated  thereunder,  and the requirements contained in the grants awarded
 or pursued from the federal government, or any source of  private  fund-
 ing;

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   (11) Guidelines and standards for the practices and procedures for the
 expansion  and  improvement  of  a  state  veterans  cemetery, including
 contracting  and  purchasing  for  construction  services,  professional
 services,  legal  services, architectural services, consulting services,
 as  well  as the procurement of materials, all consistent with the rele-
 vant provisions of federal, state and local law, the regulations promul-
 gated thereunder, and the requirements contained in the  grants  awarded
 or  pursued  from the federal government, or any source of private fund-
 ing;
   (12) Any other guidelines and  standards  that  would  facilitate  the
 successful construction, establishment, expansion, improvement, support,
 operation, maintenance and the provision of perpetual care for the state
 veterans cemetery;
   (ii)  Guidelines  and  standards for the request for proposals for any
 local government desiring to have the  first  state  veterans'  cemetery
 located  within  its political subdivision, pursuant to paragraph (b) of
 this subdivision, including, but not limited to:
   (1) The form, requirements and standards required for submission of  a
 response to the request for proposals;
   (2)  The requirement, if the director so elects, that a response shall
 require the local government to agree to contract with the state of  New
 York that all costs for construction, establishment, expansion, improve-
 ment,  support,  operation,  maintenance  and the provision of perpetual
 care of the veterans cemetery shall be the sole responsibility  of,  and
 paid  by the local government, and that to the extent such costs are not
 paid or reimbursed by the government of the United States, or a  private
 individual, corporation or foundation;
   (3)  The  requirement  that  the local government will comply with all
 state and federal statutes and regulations concerning the  construction,
 establishment,  expansion,  improvement, support, operation, maintenance
 and the provision of perpetual care of the state veterans cemetery,  and
 shall  satisfy  any  and  all applicable state and federal standards and
 requirements for the perpetual care of the state veterans cemetery;
   (4) That the state veterans cemetery, and all the property upon  which
 it  resides  shall  be  owned in fee simple absolute by the state of New
 York;
   (5) That all lands upon which such cemetery is constructed and  estab-
 lished  shall  be  used solely for state veterans cemetery purposes, and
 for the purpose of providing the honor and remembrance of  veterans  and
 their service through ceremonies and programs;
   (6) The requirement that a response shall require the local government
 to agree to authorize the state of New York, in the event that the local
 government  fails to perform its obligations under the contract with the
 state of New York, that the state director of the division of  veterans'
 services  shall  certify  to  the  comptroller any unpaid amounts or any
 amounts necessary for the state to  assume  the  obligations  which  the
 local  government  failed  to perform, and the comptroller shall, to the
 extent not otherwise prohibited by law, withhold such  amount  from  any
 state  aid  or  other  amount  payable  to such local government; to the
 extent that sufficient funds are not available for such withholding, the
 state may pursue any and all available legal  remedies  to  enforce  the
 terms of the contract entered into between the state and a local govern-
 ment pursuant to this subdivision; and
   (7)  Such  other  and  further  requirements  as the director may deem
 prudent in the facilitation of the successful siting and operation of  a
 state veterans cemetery in the jurisdiction of the local government; and

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   (iii)]  THE MANAGEMENT, OPERATION, MAINTENANCE, EXPANSION AND IMPROVE-
 MENT OF THE CEMETERY; AND
   (II)  Such other and further guidelines and standards as are necessary
 for the successful construction, establishment, expansion,  improvement,
 support,  operation, maintenance and the provision of perpetual care for
 a state veterans cemetery;
   [(i) Upon the approval of the application for funding from the govern-
 ment of the United States, made pursuant to paragraph (e) of this subdi-
 vision, the director, upon consultation with the management board, shall
 commence the process of construction  and  establishment  of  the  first
 state veterans cemetery. Such process shall be consistent with the rele-
 vant provisions of local, state and federal law, and the rules and regu-
 lations established pursuant to paragraph (h) of this subdivision.]
   3.  Management  boards  of New York state veterans cemeteries. (a) For
 each New York state veterans cemetery there shall be a management board.
 Each such management board shall consist of nine members, including  the
 director  of  the  division  who shall serve as chair, and four members,
 appointed by the governor. Of such four  members,  not  fewer  than  two
 shall  be  a  veteran of the United States army, the United States navy,
 the United States air force, the United States  marines,  the  New  York
 army national guard, the New York air national guard, the New York naval
 militia, or a member who has served in a theater of combat operations of
 the  United States coast guard or the United States merchant marine. Two
 members shall be appointed by the temporary president of the senate, and
 two members shall be appointed by the speaker of the state assembly.  At
 least  one  of  the  members appointed by the temporary president of the
 senate and at least one of the members appointed by the speaker  of  the
 assembly shall be a veteran of the United States army, the United States
 navy,  the  United  States air force, the United States marines, the New
 York army national guard, the New York air national guard, the New  York
 naval  militia,  or a member who has served in a theater of combat oper-
 ations of the United States coast guard or the  United  States  merchant
 marine. No member shall receive any compensation for his or her service,
 but  members  who  are  not  state officials may be reimbursed for their
 actual and necessary expenses, including  travel  expenses  incurred  in
 performance  of  their duties. The management board may consult with any
 federal, state or  local  entity  for  the  purposes  of  advancing  its
 purposes, mission and duties.
   (b)  The management board shall advise, by majority vote, the director
 on  issues  concerning  the  [construction,  establishment,   expansion,
 improvement,  support,  operation,  maintenance  and  the  provision  of
 perpetual care] OPERATIONS AND PERPETUAL CARE for the veterans cemetery,
 including but not limited to issues  of  financial  concern,  employment
 relations, cemetery policy, cemetery events and programs, and such other
 and further issues as the board and director shall deem important.
   (C) THE DIRECTOR, IN CONSULTATION WITH THE MANAGEMENT BOARD OF A STATE
 VETERANS  CEMETERY,  MAY PROVIDE FOR THE EXPANSION AND/OR IMPROVEMENT OF
 THE CEMETERY. SUCH EXPANSION  AND  IMPROVEMENT  SHALL  BE  CONDUCTED  IN
 ACCORDANCE  WITH  THE  RULES AND REGULATIONS OF THE DIVISION UNDER PARA-
 GRAPH (E) OF SUBDIVISION TWO OF THIS SECTION.
   4. Additional state veterans cemeteries. (a) [Not later than ten years
 after the construction and establishment of the  first  New  York  state
 veterans  cemetery,  and  every  ten  years thereafter, the division, in
 cooperation with the United States department of veterans affairs, shall
 conduct an investigation and study on the issue of the construction  and
 establishment  of  additional  New  York state veterans cemeteries. Such

 S. 7506--A                         119                        A. 9506--A

 investigation and study shall consider, but not be limited to, the study
 parameters established pursuant to paragraph (a) of subdivision  two  of
 this  section.  A  report  of the investigation and study required to be
 conducted  pursuant to this subdivision shall be delivered to the gover-
 nor, the temporary president of the senate, the speaker of the  assembly
 and the chair of the senate committee on veterans, homeland security and
 military  affairs,  and the chair of the assembly committee on veterans'
 affairs, by no later than ninety days after the division  has  commenced
 the conduct of the investigation and study;
   (b) The report of the investigation and study required to be conducted
 pursuant to this subdivision shall provide a determination by the direc-
 tor  as  to whether the state should construct and establish one or more
 additional veterans cemeteries, and shall state the reasoning and  basis
 for such determination; and
   (c)] The division may, at the discretion of the director, [at any time
 after five years from the completion of construction of the most recent-
 ly  constructed and established state veterans cemetery,] in cooperation
 with the United States department of veterans affairs, conduct an inves-
 tigation and study on the issue of the construction and establishment of
 additional New York state veterans cemeteries. A report of the  investi-
 gation  and  study  required  to  be conducted shall be delivered to the
 governor, the temporary president of the  senate,  the  speaker  of  the
 assembly  and  the  chair  of the senate committee on veterans, homeland
 security and military affairs, and the chair of the  assembly  committee
 on  veterans'  affairs,  by no later than ninety days after the division
 has commenced the conduct of the investigation and study.
   [(d)] (B) If the director, pursuant to  the  investigation  and  study
 conducted  pursuant  to this subdivision, determines that there shall be
 an additional state veterans cemetery in New York  state,  the  director
 shall  provide for the construction and establishment of such new veter-
 ans cemetery pursuant to the  same  guidelines  and  standards  for  the
 construction  and  establishment  of  the  first state veterans cemetery
 under this section.
   [5. Expansion and improvement of existing state  veterans  cemeteries.
 The  director,  in  consultation  with  the  management board of a state
 veterans cemetery, may provide for the expansion and/or  improvement  of
 the  cemetery.  Such  expansion  and  improvement  shall be conducted in
 accordance with the rules and regulations of the  division  under  para-
 graph (h) of subdivision two of this section.]
   §  2.  The  opening  paragraph  of  paragraph (a) of subdivision 12 of
 section 353 of the executive law, as added by section 3  of  part  W  of
 chapter 57 of the laws of 2013, is amended to read as follows:
   For  the  purpose  of  providing  for the construction, establishment,
 expansion,  improvement,  support,  operation,   maintenance   and   the
 provision  of  perpetual  care for state veterans cemeteries, TO OWN AND
 OPERATE, AND TO ENTER INTO SUCH CONTRACTS THAT ARE  NECESSARY  FOR  SUCH
 OWNERSHIP  AND OPERATION FOR ALL STATE VETERANS CEMETERIES IN THE STATE,
 to seek funding from, and make application for funding to:
   § 3. This act shall take effect immediately.

                                  PART P
 
   Section 1. The education law is amended by adding a new section 363 to
 read as follows:
   § 363. CURING ALZHEIMER'S HEALTH CONSORTIUM. 1. THERE IS HEREBY ESTAB-
 LISHED WITHIN THE STATE UNIVERSITY OF NEW YORK  THE  CURING  ALZHEIMER'S

 S. 7506--A                         120                        A. 9506--A
 
 HEALTH  CONSORTIUM. THE CONSORTIUM SHALL HAVE AS ITS PURPOSE TO IDENTIFY
 GENES THAT PREDICT AN INCREASED RISK FOR DEVELOPING THE DISEASE, COLLAB-
 ORATING WITH RESEARCH INSTITUTIONS WITHIN THE STATE  UNIVERSITY  OF  NEW
 YORK  SYSTEM,  AND  THE  DEPARTMENT  OF HEALTH, IN RESEARCH PROJECTS AND
 STUDIES TO IDENTIFY OPPORTUNITIES TO DEVELOP NEW  THERAPEUTIC  TREATMENT
 AND CURES FOR ALZHEIMER'S.
   2.  THE  STATE  UNIVERSITY  OF  NEW  YORK  SHALL  ISSUE  A REQUEST FOR
 PROPOSALS TO PARTNER WITH HOSPITALS BOTH WITHIN THE STATE UNIVERSITY  OF
 NEW  YORK  AND  OTHER  NOT-FOR-PROFIT ARTICLE TWENTY-EIGHT OF THE PUBLIC
 HEALTH LAW HOSPITALS AND NON-PROFIT  HIGHER  EDUCATION  RESEARCH  INSTI-
 TUTIONS  TO  MAP THE GENOMES OF INDIVIDUALS SUFFERING FROM OR AT RISK OF
 ALZHEIMER'S.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through P of this act shall  be
 as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7506--B                                            A. 9506--B
 
                       S E N A T E - A S S E M B L Y
 
                             January 22, 2020
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee  on  Ways  and  Means -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to contracts  for  excel-
   lence  and  the apportionment of public moneys; to amend the education
   law, in relation to the statewide universal full-day  pre-kindergarten
   program;  to  amend the education law, in relation to conditions under
   which districts are entitled to apportionment; to amend the  education
   law,  in relation to courses of instruction in patriotism and citizen-
   ship and in certain historic documents; to amend the education law, in
   relation to instruction in the Holocaust in certain schools; to  amend
   the  education  law,  in  relation  to  moneys  apportioned  to school
   districts for commercial gaming grants; to amend part B of chapter  57
   of  the  laws  of  2008  amending  the  education  law relating to the
   universal pre-kindergarten program, in relation to  the  effectiveness
   thereof; to amend chapter 756 of the laws of 1992, relating to funding
   a  program  for  work  force education conducted by the consortium for
   worker education in New York city, in relation to  reimbursements  for
   the  2020-2021  school year; to amend chapter 756 of the laws of 1992,
   relating to funding a program for work force  education  conducted  by
   the  consortium  for worker education in New York city, in relation to
   withholding a portion of employment preparation education aid  and  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 effectiveness thereof; to amend chapter
   147 of the laws of 2001, amending the education law relating to condi-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12672-03-0

 S. 7506--B                          2                         A. 9506--B

   tional appointment of school district, charter school or BOCES employ-
   ees, in relation to the effectiveness thereof; to amend chapter 425 of
   the laws of 2002, amending the education law relating to the provision
   of  supplemental  educational  services,  attendance  at a safe public
   school and the suspension of pupils who bring a firearm to or  possess
   a  firearm  at  a school, in relation to the effectiveness thereof; to
   amend chapter 101 of the laws of  2003,  amending  the  education  law
   relating to implementation of the No Child Left Behind Act of 2001, in
   relation  to  the effectiveness thereof; to amend part C of chapter 57
   of the laws of 2004, relating to the support of education, in relation
   to the effectiveness thereof; relates to school bus  driver  training;
   relates  to  special  apportionment  for  salary  expenses  and public
   pension accruals; relates to authorizing the city school  district  of
   the  city of Rochester to purchase certain services; relates to subal-
   locations of appropriations; to amend chapter 121 of the laws of 1996,
   relating to authorizing the Roosevelt union free  school  district  to
   finance  deficits  by  the  issuance  of  serial bonds; in relation to
   certain apportionments; to amend chapter 89 of the laws of 2016 relat-
   ing 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 18 of the  laws  of  2020,
   authorizing  deficit  financing and an advance of aid payments for the
   Wyandanch union free school district, in relation to the  issuance  of
   serial bonds; and relates to the support of public libraries (Part A);
   to  amend  the education law, in relation to establishing the Syracuse
   Comprehensive Education and  Workforce  Training  Center  focusing  on
   Science,  Technology,  Engineering, Arts, and Math to provide instruc-
   tion to students in the Onondaga, Cortland and  Madison  county  BOCES
   and  the  central New York region in the areas of science, technology,
   engineering, arts and mathematics (Part B); directing the commissioner
   of education to appoint  a  monitor  for  the  Rochester  city  school
   district,  establishing  the  powers  and  duties  of such monitor and
   certain other officers and relating to the  apportionment  of  aid  to
   such  school  district;  and  providing  for  the  repeal  of  certain
   provisions upon the expiration thereof (Part C); to amend  the  educa-
   tion  law,  in relation to predictable tuition allowing annual tuition
   increase for certain SUNY  schools  (Part  D);  intentionally  omitted
   (Part  E); intentionally omitted (Part F); intentionally omitted (Part
   G); to utilize reserves in the mortgage  insurance  fund  for  various
   housing  purposes  (Part  H); to amend the emergency tenant protection
   act of nineteen seventy-four, in relation  to  authorizing  a  payment
   offset for rent administration costs (Part I); to amend the labor law,
   in  relation  to  requirements  for  sick leave (Part J); to amend the
   social services law, in relation to increasing the standards of month-
   ly need for aged, blind and disabled persons living in  the  community
   (Part  K);  to amend the family court act, in relation to judgments of
   parentage of  children  conceived  through  assisted  reproduction  or
   pursuant to surrogacy agreements; to amend the domestic relations law,
   in  relation  to restricting genetic surrogate parenting contracts; to
   amend the public health law, in relation to voluntary  acknowledgments
   of  parentage,  gestational  surrogacy  and regulations concerning ova
   donation; to amend the general business law, the estates,  powers  and
   trusts law, the social services law and the insurance law, in relation
   to  the  regulation of surrogacy programs; to amend the estates powers
   and trusts law, in relation to inheritance by children after the death
   of an intended parent; and  to  repeal  section  73  of  the  domestic

 S. 7506--B                          3                         A. 9506--B
 
   relations  law,  relating to legitimacy of children born by artificial
   insemination (Part L); intentionally omitted (Part M);  to  amend  the
   social  services law, in relation to restructuring financing for resi-
   dential  school placements; to repeal certain provisions of the educa-
   tion law relating thereto;  and  providing  for  the  repeal  of  such
   provisions  upon  expiration  thereof  (Part N); intentionally omitted
   (Part O); to amend the education law, in relation to establishing  the
   curing  Alzheimer's health consortium (Part P); to amend the education
   law, in relation to the foster youth college success initiative  (Part
   Q);  to  amend the social services law, in relation to the standard of
   proof for unfounded and indicated reports of child abuse and maltreat-
   ment; and to amend the family court act, in relation to  the  admissi-
   bility  of  reports of child abuse and maltreatment (Part R); to amend
   the private housing finance law, in relation to increasing the  annual
   amount  of  loans  made  to  an agricultural producer from the housing
   development fund (Part S); to amend the private housing  finance  law,
   in  relation  to increasing the bonding authority of the New York city
   housing development corporation (Part T); to amend the local emergency
   housing rent control act, in relation  to  the  date  when  the  local
   legislative  body of a city having a population of one million or more
   may determine the continuation of the emergency (Part U); to amend the
   social services law and the vehicle and traffic law,  in  relation  to
   photo identification cards (Part V); to amend the tax law, in relation
   to  state support for the local enforcement of past-due property taxes
   (Part W); and to amend the  tax  law,  in  relation  to  the  employer
   compensation  expense  tax (Part X); to amend the New York Health Care
   Reform Act of 1996, in relation to extending certain provisions relat-
   ing thereto; to amend the public health law,  in  relation  to  health
   care  initiative pool distributions; to amend the New York Health Care
   Reform Act of 2000, in relation  to  extending  the  effectiveness  of
   provisions  thereof;  to  amend  the  public  health law and the state
   financial law in relation to eliminating programs that do not  support
   the  department  of  health's core mission; to amend the public health
   law, in relation to payments for uncompensated care to certain  volun-
   tary  non-profit diagnostic and treatment centers; to amend the public
   health law, in relation to the distribution pool allocations and grad-
   uate medical education; to amend the public health law, in relation to
   the assessments on covered lives; to amend the public health  law,  in
   relation  to  tobacco  control and insurance initiatives pool distrib-
   utions; to amend chapter 266 of the laws of 1986  amending  the  civil
   practice  law  and  rules  and  other laws relating to malpractice and
   professional medical conduct, in relation to extending the  effective-
   ness of certain provisions thereof; to amend chapter 62 of the laws of
   2003  amending  the  general  business  law and other laws relating to
   enacting major components necessary to implement the state fiscal plan
   for the 2003-04 state fiscal year,  in  relation  to  the  deposit  of
   certain  funds;  to  amend  the  social  services  law, in relation to
   extending payment provisions  for  general  hospitals;  to  amend  the
   public  health  law,  in  relation to extending payment provisions for
   certain medical assistance rates for certified home  health  agencies;
   to  amend  the  social  services law, in relation to extending payment
   provisions for  certain  personal  care  services  medical  assistance
   rates;  to  amend  chapter 517 of the laws of 2016 amending the public
   health law relating to payments from the New York state medical indem-
   nity fund, in relation to the effectiveness  thereof;  and  to  repeal
   certain  provisions  of  the public health law relating to funding for

 S. 7506--B                          4                         A. 9506--B
 
   certain programs (Part Y);  to  amend  the  social  services  law,  in
   relation  to  limiting  the  availability of enhanced quality of adult
   living program ("EQUAL") grants (Part Z); to amend the  state  finance
   law,  in relation to transferring responsibility for the autism aware-
   ness and research fund to the office  for  people  with  developmental
   disabilities;  to  amend the mental hygiene law, the insurance law and
   the labor law, in relation  to  transferring  responsibility  for  the
   comprehensive  care  centers  for  eating  disorders  to the office of
   mental health; and to repeal certain provisions of the  public  health
   law relating to funding for certain programs (Part AA); to amend chap-
   ter  59  of  the laws of 2016 amending the public health law and other
   laws relating to electronic prescriptions, in relation to  the  effec-
   tiveness  thereof;  to  amend chapter 19 of the laws of 1998, amending
   the social services law relating to limiting the method of payment for
   prescription drugs under the medical assistance program,  in  relation
   to  the  effectiveness  thereof;  to  amend  the public health law, in
   relation to continuing nursing home upper payment limit  payments;  to
   amend  chapter 904 of the laws of 1984, amending the public health law
   and the social services  law  relating  to  encouraging  comprehensive
   health  services,  in  relation to the effectiveness thereof; to amend
   chapter 62 of the laws of 2003, amending the public health law  relat-
   ing  to  allowing  for  the use of funds of the office of professional
   medical conduct for activities of the patient health  information  and
   quality  improvement  act  of  2000,  in  relation  to  extending  the
   provisions thereof; to amend chapter 59 of the laws of 2011,  amending
   the  public  health  law  relating to the statewide health information
   network of New York and the statewide planning  and  research  cooper-
   ative  system and general powers and duties, in relation to the effec-
   tiveness thereof; to amend chapter 58 of the laws  of  2008,  amending
   the  elder law and other laws relating to reimbursement to participat-
   ing provider pharmacies and prescription drug coverage, in relation to
   extending the expiration of certain provisions thereof; to  amend  the
   public health law, in relation to issuance of certificates of authori-
   ty  to accountable care organizations; to amend chapter 59 of the laws
   of 2016, amending the social services law and other laws  relating  to
   authorizing  the commissioner of health to apply federally established
   consumer price index penalties for generic drugs, and authorizing  the
   commissioner  of  health to impose penalties on managed care plans for
   reporting late or incorrect encounter data, in relation to the  effec-
   tiveness  of  certain  provisions  of such chapter; to amend part B of
   chapter 57 of the laws of 2015, amending the social services  law  and
   other laws relating to supplemental rebates, in relation to the effec-
   tiveness  thereof;  to  amend chapter 57 of the laws of 2019, amending
   the public health law relating to waiver of  certain  regulations,  in
   relation  to  the  effectiveness  thereof; to amend chapter 474 of the
   laws of 1996, amending the education law and other  laws  relating  to
   rates for residential health care facilities, in relation to extending
   the  effectiveness  of certain provisions thereof; to amend chapter 81
   of the laws of 1995, amending the public health  law  and  other  laws
   relating  to  medical reimbursement and welfare reform, in relation to
   extending the effectiveness of certain provisions  thereof;  to  amend
   chapter  58  of the laws of 2008, amending the social services law and
   the public health law relating to adjustments of rates, in relation to
   extending the date of the expiration of certain provisions thereof; to
   amend chapter 495 of the laws of 2004, amending the insurance law  and
   the  public health law relating to the New York state health insurance

 S. 7506--B                          5                         A. 9506--B
 
   continuation assistance demonstration  project,  in  relation  to  the
   effectiveness  thereof;  to  amend  chapter  563  of the laws of 2008,
   amending the education law and  the  public  health  law  relating  to
   immunizing  agents  to  be  administered  to adults by pharmacists, in
   relation to the effectiveness thereof; to amend  chapter  116  of  the
   laws  of  2012,  amending  the education law relating to authorizing a
   licensed pharmacist and certified  nurse  practitioner  to  administer
   certain  immunizing  agents, in relation to the effectiveness thereof;
   and to amend chapter 21 of the laws of 2011,  amending  the  education
   law  relating to authorizing pharmacists to perform collaborative drug
   therapy management with physicians in certain settings, in relation to
   the effectiveness thereof (Part BB); to amend the public  health  law,
   in  relation  to  the state's schedules of controlled substances (Part
   CC); to amend the public health law and the labor law, in relation  to
   the  state's  modernization  of environmental health fee (Part DD); to
   amend the public health law, the tax law and the general business law,
   in relation to the sale of tobacco products and vapor  products  (Part
   EE);  to  amend  the public health law, in relation to the renaming of
   the Physically Handicapped Children's Program (Part FF); to amend  the
   social services law and the public health law, in relation to creating
   a  single  preferred-drug  list  for medication assisted treatment; to
   amend chapter 57 of the laws of 2015, amending the social services law
   and other laws relating to supplemental rebates, in  relation  to  the
   effectiveness  thereof;  to  amend  chapter  165  of the laws of 1991,
   amending the public health law and other laws relating to establishing
   payments for medical assistance,  in  relation  to  the  effectiveness
   thereof; to amend chapter 710 of the laws of 1988, amending the social
   services  law  and  the  education  law relating to medical assistance
   eligibility of certain persons and providing for managed medical  care
   demonstration  programs, in relation to the effectiveness thereof; and
   providing for the repeal of certain provisions upon expiration thereof
   (Part GG); to amend the public health law, in  relation  to  expanding
   telehealth  services  (Part  HH); to establish a pilot program for the
   purposes of promoting social determinant of health interventions (Part
   II); to provide for the administration of certain funds  and  accounts
   related  to  the  2020-2021  budget,  authorizing certain payments and
   transfers; to amend the state finance law, in relation to the adminis-
   tration of certain funds and accounts; to amend part D of chapter  389
   of  the  laws  of  1997  relating to the financing of the correctional
   facilities improvement fund and the youth facility  improvement  fund,
   in relation to the issuance of certain bonds or notes; to amend part Y
   of  chapter  61  of  the  laws  of 2005, relating to providing for the
   administration of certain funds and accounts related to the  2005-2006
   budget,  in  relation  to  the  issuance of certain bonds or notes; to
   amend the public authorities law,  in  relation  to  the  issuance  of
   certain  bonds  or notes; to amend part K of chapter 81 of the laws of
   2002, relating to providing for the administration  of  certain  funds
   and accounts related to the 2002-2003 budget, in relation to the issu-
   ance  of  certain  bonds or notes; to amend the New York state medical
   care facilities finance agency act, in relation  to  the  issuance  of
   certain  bonds or notes; to amend the New York state urban development
   corporation act, in relation to  the  issuance  of  certain  bonds  or
   notes;  to  amend  chapter 329 of the laws of 1991, amending the state
   finance law and other laws relating to the establishment of the  dedi-
   cated  highway  and  bridge trust fund, in relation to the issuance of
   certain bonds or notes;  to  amend  the  public  authorities  law,  in

 S. 7506--B                          6                         A. 9506--B
 
   relation  to  the issuance of certain bonds or notes; to amend the New
   York state urban development corporation act, in relation to the issu-
   ance of certain bonds or notes; to amend the private  housing  finance
   law,  in relation to housing program bonds and notes; to amend the New
   York state urban development corporation act, in relation to authoriz-
   ing the dormitory authority of the state of New  York  and  the  urban
   development  corporation  to enter into line of credit facilities, and
   in relation to state-supported debt  issued  during  the  2021  fiscal
   year;  to  amend  the  state  finance  law, in relation to payments of
   bonds; to amend the civil practice law and rules, in  relation  to  an
   action  related to a bond; to amend the state finance law, in relation
   to establishing the public health  emergency  charitable  gifts  trust
   fund;  and providing for the repeal of certain provisions upon expira-
   tion thereof (Part JJ); to amend the public health law, in relation to
   the designation of statewide general hospital quality and sole  commu-
   nity pools and the reduction of capital related inpatient expenses; to
   repeal  certain provisions of such law relating thereto; and providing
   for the repeal of certain provisions  upon  expiration  thereof  (Part
   KK); to amend the social services law, in relation to reimbursement of
   transportation  costs;  to  supplemental  transportation  payments; to
   reimbursement of emergency transportation services; to manage Medicaid
   transportation services using the contracted  transportation  managers
   for  transportation  provided  to  enrollees of managed long term care
   plans; to transition to  a  Medicaid  transportation  broker;  and  to
   reimbursement  of emergency medical transportation (Part LL); to amend
   the social services law, in relation  to  changing  the  authorization
   requirements  for  personal  care services; to amend the public health
   law, in relation to integrated  medicaid  managed  care  products  for
   dual-eligibles;  in  relation  to  licensed  home  care service agency
   contracting; to amend chapter 60 of the laws  of  2014,  amending  the
   social  services  law relating to fair hearings within the Fully Inte-
   grated Duals Advantage program, in relation to the effectiveness ther-
   eof; to amend the social services law, in relation to integrated  fair
   hearing  and  appeals  processes;  to  amend the public health law, in
   relation to the hospice worker recruitment and  retention program;  in
   relation  to  licensed  home  care  services  agencies;  to direct the
   department of health to  contract  with  an  independent  assessor  to
   conduct community health assessments; to amend part C of chapter 57 of
   the  laws  of  2018,  amending  the social services law and the public
   health law relating  to  health homes  and penalties for managed  care
   providers,  in  relation to the effectiveness of certain contracts; to
   amend the social services law, in relation to the medicaid eligibility
   look-back period and to the community spouse resource amount; to amend
   the public health law, in relation to authorizations for personal care
   services; to direct the department of health to establish  or  procure
   the  services of an independent panel of clinical professionals and to
   develop and implement a uniform task-based  assessment  tool;  and  in
   relation  to managed long term care plans program oversight and admin-
   istration (Part MM); to amend the public health law,  in  relation  to
   discontinuing  return  of  equity payments to for-profit nursing homes
   (Part NN); to amend the public  health  law  and  the  labor  law,  in
   relation  to  wage  parity  enforcement (Part OO); to amend the social
   services law, in relation to improving access to private duty  nursing
   services  for  medically  fragile  children,  removing  limitations on
   alternative rehabilitative services and  establishing  pilot  programs
   promoting  the use of alternative treatments for individuals suffering

 S. 7506--B                          7                         A. 9506--B
 
   from chronic lower back pain and diabetes and  chronic  disease  self-
   management  (Part  PP);  to  amend the social services law, the public
   health law and the insurance law, in relation to managed care encount-
   er  data  (Part QQ); to amend the general city law and the administra-
   tive code of the city of New York, in relation to authorizing  provid-
   ing  relocation  and employment assistance credits (Part RR); to amend
   the real property tax law and the administrative code of the  city  of
   New  York, in relation to abatement of tax payments for certain indus-
   trial and commercial properties in a  city  of  one  million  or  more
   persons  (Part SS); to amend the election law, in relation to omitting
   a candidate for the office of president of the United States from  the
   primary  ballot  (Part  TT);  to amend the criminal procedure law, the
   judiciary law and the executive law, in relation  to  securing  orders
   and  pretrial  proceedings  (Part  UU);  to  amend  the  penal law, in
   relation to transit crimes and prohibition  orders  relating  to  such
   crimes  (Part  VV); to amend the Hudson river park act, in relation to
   Pier 76 (Part  WW);  to  amend  the  insurance  law,  in  relation  to
   prescription  drug  pricing  and  creating a drug accountability board
   (Part XX); to amend the financial services law and the insurance  law,
   in  relation  to  claims  payment  timeframes and payment of interest,
   payment and billing for out-of-network  hospital  emergency  services,
   claims payment performance and creation of a workgroup to study health
   care  administrative  simplification;  to amend the civil practice law
   and rules, in relation to claims for medical debt; to amend the public
   health law, the insurance law  and  the  financial  services  law,  in
   relation  to  provisional credentialing of physicians and to amend the
   insurance law and the public health law,  in  relation  to  preventing
   recoupment of COVID-19 related inpatient and emergency services claims
   (Part  YY);  to  amend  the  tax  law  and the social services law, in
   relation to certain Medicaid management; and providing for the  repeal
   of such provisions upon expiration thereof (Part ZZ); to amend chapter
   266  of the laws of 1986 amending the civil practice law and rules and
   other laws relating to malpractice and professional  medical  conduct,
   in relation to extending the effectiveness of certain provisions ther-
   eof;  to amend part J of chapter 63 of the laws of 2001 amending chap-
   ter 266 of the laws of 1986, amending the civil practice law and rules
   and other  laws  relating  to  malpractice  and  professional  medical
   conduct,  relating  to the effectiveness of certain provisions of such
   chapter, in relation to extending certain  provisions  concerning  the
   hospital  excess  liability pool; and to amend part H of chapter 57 of
   the laws of 2017, amending the New York Health Care Reform Act of 1996
   and other laws relating to extending certain provisions relating ther-
   eto, in relation to extending provisions relating to  excess  coverage
   (Part AAA); intentionally omitted (Part BBB); to amend part H of chap-
   ter  59  of the laws of 2011, amending the public health law and other
   laws relating to known and projected department of health  state  fund
   Medicaid  expenditures,  in  relation to extending the Medicaid global
   cap (Part CCC); to amend the insurance law,  in  relation  to  capping
   cost  sharing  for insulin (Part DDD); to amend the public authorities
   law, in relation to the New York State Bridge Authority (Part EEE); to
   amend the public health law, in relation to  extending  and  enhancing
   the  Medicaid  drug  cap  and  to  reduce unnecessary pharmacy benefit
   manager costs to the Medicaid program; to  direct  the  department  of
   health  to  remove  the pharmacy benefit from the managed care benefit
   package and to provide the pharmacy benefit under the fee for  service
   program;  and  to  amend the public health law, in relation to partic-

 S. 7506--B                          8                         A. 9506--B

   ipation and membership in a demonstration period (Part FFF); to  amend
   the public health law, in relation to enacting the emergency or disas-
   ter  treatment protection act (Part GGG); to amend the criminal proce-
   dure  law  and  the  judiciary law, in relation to automatic discovery
   (Part HHH); to amend the local finance law, in relation to  establish-
   ing  a  period  of  probable  usefulness  for airport construction and
   improvement of the Ithaca Tompkins International Airport  (Part  III);
   to  validate  certain acts of the Mahopac Central school district with
   regard to certain capital improvement projects (Part  JJJ);  to  amend
   the  social services law, the public health law and the insurance law,
   in relation to managed care  encounter  data,  authorizing  electronic
   notifications,  and establishing regional demonstration projects (Part
   KKK); and to amend chapter 141 of  the  laws  of  1994,  amending  the
   legislative  law  and  the state finance law relating to the operation
   and administration of the legislature, in relation to  extending  such
   provisions (Part LLL)
 
   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 2020-2021
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through LLL. The effective date for  each  partic-
 ular  provision  contained  within  such  Part  is set forth in the last
 section of such Part. Any provision in any section  contained  within  a
 Part,  including the effective date of the Part, which makes a reference
 to a section "of this act", when used in connection with that particular
 component, shall be deemed  to  mean  and  refer  to  the  corresponding
 section of the Part in which it is found. Section three of this act sets
 forth the general effective date of this act.
 
                                  PART A
 
   Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
 tion  law, as amended by section 1 of part YYY of chapter 59 of the laws
 of 2019, 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

 S. 7506--B                          9                         A. 9506--B
 
 two thousand eleven--two thousand twelve school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for excellence for the two thousand twelve--two thousand thir-
 teen  school  year  which  shall,  notwithstanding  the  requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  eleven--two  thousand  twelve  school  year and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the  two  thousand twelve--two thousand thirteen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the requirements of subparagraph (vi) of paragraph a of subdivision  two
 of this section, provide for the expenditure of an amount which shall be
 not  less  than  the amount approved by the commissioner in the contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year and provided further that,  a  school  district  that  submitted  a
 contract  for  excellence  for  the  two thousand thirteen--two thousand
 fourteen school year, unless all schools in the district are  identified
 as  in good standing, shall submit a contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand fourteen school year;  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 fourteen--two thousand fifteen school year, unless all  schools  in  the
 district are identified as in good standing, shall submit a contract for
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year which shall, notwithstanding the requirements of subparagraph  (vi)
 of  paragraph  a  of  subdivision  two  of this section, provide for the
 expenditure of an amount  which  shall  be  not  less  than  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further  that a school district that submitted a contract for excellence
 for the two thousand fifteen--two thousand sixteen school  year,  unless
 all  schools  in  the district are identified as in good standing, shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of subparagraph (vi) of paragraph a of subdivision two of this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  fifteen--two  thousand sixteen school year; and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the two thousand sixteen--two thousand seventeen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 seventeen--two thousand eighteen school year which shall,  notwithstand-
 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

 S. 7506--B                         10                         A. 9506--B
 
 thousand  eighteen  school  year, unless all schools in the district are
 identified as in good standing, shall submit a contract  for  excellence
 for  the  two thousand eighteen--two thousand nineteen school year which
 shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
 graph a of subdivision two of this section, provide for the  expenditure
 of  an  amount  which  shall be not less than the amount approved by the
 commissioner in the contract for excellence for the two thousand  seven-
 teen--two  thousand  eighteen  school year; and provided further that, a
 school district that submitted a contract for  excellence  for  the  two
 thousand eighteen--two thousand nineteen school year, unless all schools
 in  the  district  are  identified  as  in good standing, shall submit a
 contract for excellence for  the  two  thousand  nineteen--two  thousand
 twenty  school  year  which  shall,  notwithstanding the requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand eighteen--two thousand nineteen school year; AND
 PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A  CONTRACT  FOR
 EXCELLENCE  FOR  THE  TWO  THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
 YEAR, UNLESS ALL SCHOOLS IN THE  DISTRICT  ARE  IDENTIFIED  AS  IN  GOOD
 STANDING,  SHALL  SUBMIT  A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
 TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING
 THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION  TWO
 OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE
 NOT  LESS  THAN  THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT
 FOR EXCELLENCE FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
 YEAR.  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 pursuant to chapter fifty-three of the
 laws of two thousand eleven, making appropriations for the local assist-
 ance  budget,  including support for general support for public schools.
 Provided, further, that such amount shall be  expended  to  support  and
 maintain  allowable programs and activities approved in the two thousand
 nine--two thousand ten school year or to support new or expanded  allow-
 able programs and activities in the current year.
   § 2. Intentionally omitted.
   § 3. Intentionally omitted.
   § 4. Intentionally omitted.
   § 5. Intentionally omitted.
   § 6. Intentionally omitted.
   § 7. Intentionally omitted.
   § 8. Intentionally omitted.
   § 9. Intentionally omitted.
   § 10. Intentionally omitted.
   § 11. Intentionally omitted.
   § 12. Intentionally omitted.
   § 13. Intentionally omitted.
   § 14. Intentionally omitted.

 S. 7506--B                         11                         A. 9506--B
 
   §  14-a. Subdivision 4 of section 3602 of the education law is amended
 by adding a new paragraph h to read as follows:
   H.  FOUNDATION  AID  PAYABLE  IN THE TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE SCHOOL YEAR. NOTWITHSTANDING ANY  PROVISION  OF  LAW  TO  THE
 CONTRARY,  FOUNDATION  AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOU-
 SAND TWENTY-ONE SCHOOL YEAR SHALL EQUAL THE APPORTIONMENT FOR FOUNDATION
 AID IN THE BASE YEAR.
   § 14-b. Section 3602 of the education law is amended by adding  a  new
 subdivision 19 to read as follows:
   19. PANDEMIC ADJUSTMENT. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
 TO  THE  CONTRARY,  THE  COMMISSIONER  SHALL REDUCE PAYMENTS DUE TO EACH
 DISTRICT FOR THE TWO THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL
 YEAR  PURSUANT  TO  SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART BY AN
 AMOUNT EQUAL TO THE PANDEMIC ADJUSTMENT COMPUTED FOR SUCH DISTRICT,  AND
 PROVIDED  FURTHER  THAT  AN AMOUNT EQUAL TO THE AMOUNT OF SUCH DEDUCTION
 SHALL BE DEEMED TO HAVE BEEN PAID  TO  THE  DISTRICT  PURSUANT  TO  THIS
 SECTION FOR THE SCHOOL YEAR IN WHICH SUCH DEDUCTION IS MADE. THE COMMIS-
 SIONER  SHALL  COMPUTE  SUCH PANDEMIC ADJUSTMENT IN EACH ELECTRONIC DATA
 FILE PRODUCED  PURSUANT  TO  SUBDIVISION  TWENTY-ONE  OF  SECTION  THREE
 HUNDRED  FIVE  OF  THIS CHAPTER, BASED ON THE FOLLOWING INFORMATION: (I)
 NINETY-NINE AND ONE-HALF PERCENT OF THE FUNDS FROM  THE  ELEMENTARY  AND
 SECONDARY  EMERGENCY RELIEF FUND THAT ARE AVAILABLE FOR SCHOOL DISTRICTS
 PURSUANT TO THE CORONAVIRUS AID, RELIEF, AND ECONOMIC  SECURITY  ACT  OF
 2020,  AND  (II)  THE  GOVERNOR'S EMERGENCY RELIEF FUND PURSUANT TO SUCH
 ACT, PROVIDED THAT A SCHEDULE OF SUCH AMOUNTS SHALL BE APPROVED  BY  THE
 DIRECTOR  OF  THE  BUDGET,  AND  PROVIDED FURTHER THE COMMISSIONER SHALL
 PROVIDE A SCHEDULE OF SUCH PANDEMIC ADJUSTMENT TO THE STATE COMPTROLLER,
 THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE  FINANCE  COMMITTEE,
 AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
   B.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 WHERE ADDITIONAL FEDERAL AND STATE REVENUES ARE  APPORTIONED  TO  SCHOOL
 DISTRICTS WITH A PANDEMIC ADJUSTMENT REDUCTION PURSUANT TO THIS SUBDIVI-
 SION, SUCH ADDITIONAL FEDERAL AND STATE REVENUES SHALL BE APPORTIONED TO
 SUCH  SCHOOL  DISTRICT  IN AN AMOUNT EQUAL TO THE PANDEMIC ADJUSTMENT AS
 COMPUTED HEREIN, UNLESS OTHERWISE SPECIFIED BY FEDERAL LAW.
   § 14-c. The closing paragraph of subdivision 5-a of  section  3602  of
 the education law, as amended by section 16 of part YYY of chapter 59 of
 the laws of 2019, 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
 [nineteen]  TWENTY--two  thousand [twenty] TWENTY-ONE 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".
   §  14-d.    Subdivision  12  of  section 3602 of the education law, as
 amended by section 17 of part YYY of chapter 59 of the laws of 2019,  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

 S. 7506--B                         12                         A. 9506--B
 
 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
 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.

 S. 7506--B                         13                         A. 9506--B
 
   For  the  two thousand nineteen--two thousand twenty 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 "2018-19 ESTIMATED AIDS" in the  school  aid  computer
 listing  produced  by  the commissioner in support of the budget for the
 two thousand eighteen--two thousand nineteen school  year  and  entitled
 "SA181-9",  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 TWENTY--TWO THOUSAND TWENTY-ONE 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  "2019-20 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER
 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  BUDGET  FOR  THE
 TWO  THOUSAND  NINETEEN--TWO  THOUSAND  TWENTY  SCHOOL YEAR AND ENTITLED
 "SA192-0", 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-e. The opening paragraph of subdivision 16 of section 3602 of the
 education law, as amended by section 18 of part YYY of chapter 59 of the
 laws of 2019, 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  [nineteen]  TWENTY--two  thousand  [twenty]  TWENTY-ONE 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".
   § 14-f. Subdivision 4 of section 3627 of the education law, as amended
 by section 5-d of part YYY of chapter 59 of the laws of 2019, 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

 S. 7506--B                         14                         A. 9506--B
 
 and otherwise eligible for transportation aid  pursuant  to  subdivision
 seven of section thirty-six hundred two of this article shall be consid-
 ered  approved  transportation expenses eligible for transportation aid,
 provided  further that for the two thousand thirteen--two thousand four-
 teen school year such aid shall be limited to eight million one  hundred
 thousand dollars and for the two thousand fourteen--two thousand fifteen
 school  year  such aid shall be limited to the sum of twelve million six
 hundred thousand dollars plus the base amount and for the  two  thousand
 fifteen--two  thousand  sixteen  school  year through two thousand eigh-
 teen--two thousand nineteen school year such aid shall be limited to the
 sum of eighteen million eight hundred fifty thousand  dollars  plus  the
 base  amount,  and  for  the  two thousand nineteen--two thousand twenty
 school year [and thereafter] such aid shall be limited  to  the  sum  of
 nineteen  million  three  hundred  fifty  thousand dollars plus the base
 amount, AND FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE  SCHOOL
 YEAR  AND  THEREAFTER  SUCH  AID SHALL BE LIMITED TO THE SUM OF NINETEEN
 MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS PLUS THE BASE  AMOUNT.  For
 purposes  of  this subdivision, "base amount" means the amount of trans-
 portation aid paid to the school district for expenditures  incurred  in
 the two thousand twelve--two thousand thirteen school year for transpor-
 tation  that  would  have been eligible for aid pursuant to this section
 had this section been in effect in such school year, except that  subdi-
 vision  six  of this section shall be deemed not to have been in effect.
 And provided further that the school district shall continue to annually
 expend for the transportation  described  in  subdivision  one  of  this
 section at least the expenditures used for the base amount.
   § 15. Intentionally omitted.
   § 16. Intentionally omitted.
   § 17. Intentionally omitted.
   § 18. Intentionally omitted.
   § 19. Intentionally omitted.
   § 20. Intentionally omitted.
   § 21. Intentionally omitted.
   §  22.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 19 of part YYY of chapter 59 of the laws of 2019,  is
 amended to read as follows:
   16.  The authority of the department to administer the universal full-
 day pre-kindergarten program shall expire June thirtieth,  two  thousand
 [twenty] TWENTY-ONE; provided that the program shall continue and remain
 in full effect.
   §  22-a.  Subdivision  4  of section 51 of part B of chapter 57 of the
 laws of 2008 amending the education law relating to the  universal  pre-
 kindergarten  program, as amended by section 28-b of part YYY of chapter
 59 of the laws of 2017, is amended to read as follows:
   4. section twenty-three of this act shall take effect July 1, 2008 and
 shall expire and be deemed repealed June 30, [2020] 2021;
   § 22-b. Subparagraph (ii) of paragraph (c) of subdivision 8 of section
 3602-ee of the education law, as amended by section 24-a of part YYY  of
 chapter 59 of the laws of 2019, is amended to read as follows:
   (ii)  Provided  that, notwithstanding any provisions of this paragraph
 to the contrary, for the two thousand  seventeen-two  thousand  eighteen
 through  the two thousand [nineteen] TWENTY--two thousand [twenty] TWEN-
 TY-ONE school years an exemption to  the  certification  requirement  of
 subparagraph  (i)  of  this  paragraph may be made for a teacher without
 certification valid for  service  in  the  early  childhood  grades  who
 possesses  a written plan to obtain certification and who has registered

 S. 7506--B                         15                         A. 9506--B
 
 in the ASPIRE workforce registry as required under  regulations  of  the
 commissioner  of  the  office  of children and family services. Notwith-
 standing any exemption  provided  by  this  subparagraph,  certification
 shall be required for employment no later than June thirtieth, two thou-
 sand  [twenty] TWENTY-ONE; provided that for the two thousand [nineteen]
 TWENTY-two thousand [twenty] TWENTY-ONE school  year,  school  districts
 with  teachers  seeking an exemption to the certification requirement of
 subparagraph (i) of this paragraph shall submit a report to the  commis-
 sioner  regarding  (A)  the  barriers  to certification, if any, (B) the
 number of uncertified teachers registered in the ASPIRE workforce regis-
 try teaching pre-kindergarten in the district, including those  employed
 by  a community-based organization, (C) the  number of previously uncer-
 tified teachers who have completed certification  as  required  by  this
 subdivision,  and (D) the expected certification completion date of such
 teachers.
   § 23. Intentionally omitted.
   § 24. The opening paragraph of section 3609-a of the education law, as
 amended by section 21 of part YYY of chapter 59 of the laws of 2019,  is
 amended to read as follows:
   For  aid  payable in the two thousand seven--two thousand eight school
 year through the two thousand [nineteen] TWENTY--two  thousand  [twenty]
 TWENTY-ONE  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 commis-
 sioner in support of the budget which includes the appropriation for the
 general support for public schools for the prescribed payments and indi-
 vidualized 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 subdi-
 vision eight of section forty-four hundred one of this chapter, less any
 grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
 vision  four  of section ninety-two-c of the state finance law, less any
 grants provided pursuant to subdivision five  of  section  ninety-seven-
 nnnn  of  the  state  finance  law, less any grants provided pursuant to
 subdivision twelve of section thirty-six hundred forty-one of this arti-
 cle, or (ii) the apportionment calculated by the commissioner  based  on
 data  on  file  at  the time the payment is processed; provided however,
 that for the purposes of any payments  made  pursuant  to  this  section
 prior  to  the  first  business  day of June of the current year, moneys
 apportioned shall not include any aids payable pursuant to  subdivisions
 six  and  fourteen,  if applicable, of section thirty-six hundred two of
 this part as current year aid for  debt  service  on  bond  anticipation
 notes  and/or bonds first issued in the current year or any aids payable
 for full-day kindergarten for the current year pursuant  to  subdivision
 nine  of section thirty-six hundred two of this part. The definitions of
 "base year" and "current year"  as  set  forth  in  subdivision  one  of
 section thirty-six hundred two of this part shall apply to this section.
 For  aid  payable  in  the  two thousand [nineteen] TWENTY--two thousand
 [twenty] TWENTY-ONE school year, reference to such "school aid  computer
 listing  for  the  current  year"  shall  mean  the  printouts  entitled
 ["SA192-0"] "SA202-1".

 S. 7506--B                         16                         A. 9506--B
 
   § 25. Intentionally omitted.
   § 26. Intentionally omitted.
   §  26-a.  Subparagraph  (viii)  of  paragraph  (a) of 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 and two new subparagraphs
 (ix) and (x) are added to read as follows:
   (viii) for the two thousand twenty--two  thousand  twenty-one  [school
 year  and thereafter]  AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-
 TWO SCHOOL YEARS, 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 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 MULTIPLIED BY, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE SCHOOL YEAR ONLY, (III) NINE  HUNDRED  FORTY-FIVE  ONE-THOUS-
 ANDTHS  (0.945)  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.
   (IX)  FOR  THE  TWO  THOUSAND  TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE
 THROUGH TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL  YEARS
 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 FOUR YEARS PRIOR TO  THE  BASE  YEAR
 AND  FINISHING  WITH  THE YEAR PRIOR TO THE BASE YEAR, EXCLUDING THE TWO
 THOUSAND TWENTY--TWO THOUSAND  TWENTY-ONE  SCHOOL  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 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  PARAGRAPH  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.
   (X) FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND  TWENTY-SIX  SCHOOL
 YEAR AND THEREAFTER 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 PARAGRAPH T OF SUBDIVISION ONE OF  SECTION  THIR-
 TY-SIX  HUNDRED  TWO  OF  THIS CHAPTER FOR EACH SUCH YEAR DIVIDED BY THE

 S. 7506--B                         17                         A. 9506--B
 
 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.
   §  26-b.  Subparagraph  (viii)  of  paragraph  (a) of 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 and two new  subparagraphs
 (ix) and (x) are added to read as follows:
   (viii)  for  the  two thousand twenty--two thousand twenty-one [school
 year and thereafter] AND TWO THOUSAND TWENTY-ONE--TWO  THOUSAND  TWENTY-
 TWO  SCHOOL  YEARS, 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 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 MULTIPLIED BY, FOR THE TWO THOUSAND TWENTY--TWO  THOUSAND
 TWENTY-ONE  SCHOOL  YEAR  ONLY, (III) NINE HUNDRED FORTY-FIVE ONE-THOUS-
 ANDTHS (0.945) 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.
   (IX)  FOR  THE  TWO  THOUSAND  TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE
 THROUGH  TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS
 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 FOUR YEARS PRIOR TO THE BASE YEAR
 AND FINISHING WITH THE YEAR PRIOR TO THE BASE YEAR,  EXCLUDING  THE  TWO
 THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL  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 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 PARAGRAPH 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.
   (X)  FOR  THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
 YEAR AND THEREAFTER THE CHARTER SCHOOL BASIC TUITION SHALL BE THE LESSER

 S. 7506--B                         18                         A. 9506--B
 
 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.
   § 27. Subdivisions 1 and 3 of section 801 of  the  education  law,  as
 amended  by  chapter  574  of  the  laws of 1997, are amended to read as
 follows:
   1. In order to promote a spirit of patriotic  and  civic  service  and
 obligation  and  to foster in the children of the state moral and intel-
 lectual qualities which are essential in preparing  to  meet  the  obli-
 gations of citizenship in peace or in war, the regents of The University
 of  the  State  of  New  York  shall prescribe courses of instruction in
 patriotism, citizenship, CIVIC EDUCATION AND VALUES, OUR SHARED  HISTORY
 OF DIVERSITY, THE ROLE OF RELIGIOUS TOLERANCE IN THIS COUNTRY, and human
 rights  issues, with particular attention to the study of the inhumanity
 of genocide, slavery (including the freedom trail and underground  rail-
 road),  the  Holocaust,  and the mass starvation in Ireland from 1845 to
 1850, to be maintained and followed in all the schools of the state. The
 boards of education and  trustees  of  the  several  cities  and  school
 districts  of  the  state  shall require instruction to be given in such
 courses, by the teachers employed in the  schools  therein.  All  pupils
 attending  such  schools, over the age of eight years, shall attend upon
 such instruction.
   Similar courses of instruction shall be prescribed and  maintained  in
 private  schools in the state, and all pupils in such schools over eight
 years of age shall attend upon such courses. If such courses are not  so
 established and maintained in a private school, attendance upon instruc-
 tion  in  such  school  shall  not be deemed substantially equivalent to
 instruction given to pupils of like age in the  public  schools  of  the
 city or district in which such pupils reside.
   3.  The  regents  shall  determine the subjects to be included in such
 courses of instruction in patriotism, citizenship, CIVIC  EDUCATION  AND
 VALUES, OUR SHARED HISTORY OF DIVERSITY, THE ROLE OF HISTORY OF DIVERSI-
 TY,  THE  ROLE  OF RELIGIOUS TOLERANCE IN THIS COUNTRY, and human rights
 issues, with particular attention to the  study  of  the  inhumanity  of
 genocide,  slavery  (including  the  freedom trail and underground rail-
 road), the Holocaust, and the mass starvation in Ireland  from  1845  to
 1850,  and  in  the  history,  meaning,  significance  and effect of the
 provisions of the constitution of  the  United  States,  the  amendments
 thereto,  the declaration of independence, the constitution of the state
 of New York and the amendments thereto, and the period of instruction in
 each of the grades in such subjects. They shall  adopt  rules  providing
 for  attendance  upon such instruction and for such other matters as are
 required for carrying into effect  the  objects  and  purposes  of  this

 S. 7506--B                         19                         A. 9506--B
 
 section.  The  commissioner  shall be responsible for the enforcement of
 such section and shall cause to be inspected and supervise the  instruc-
 tion  to  be  given  in  such  subjects.  The  commissioner  may, in his
 discretion,  cause  all  or  a  portion of the public school money to be
 apportioned to a district or city to be  withheld  for  failure  of  the
 school  authorities  of  such district or city to provide instruction in
 such courses and to compel attendance upon such instruction,  as  herein
 prescribed,  and  for  a  non-compliance  with  the rules of the regents
 adopted as herein provided.
   § 28. Section 2590-h of the education law is amended by adding  a  new
 subdivision 55 to read as follows:
   55.  ENSURE  THAT  ALL  PUBLIC, NONPUBLIC, AND CHARTER SCHOOL STUDENTS
 ENROLLED IN ELEMENTARY AND SECONDARY SCHOOLS LOCATED IN THE CITY OF  NEW
 YORK  BE  PROVIDED WITH ADDITIONAL OPPORTUNITIES TO SUPPLEMENT CLASSROOM
 INSTRUCTION INCLUDING, BUT NOT  LIMITED  TO,  VISITING  EDUCATIONAL  AND
 CULTURAL  SITES  AND  INSTITUTIONS  SUCH  AS A HOLOCAUST MUSEUM, AFRICAN
 AMERICAN CULTURAL CENTERS AND HISTORICAL LANDMARKS,  A  NATIVE  AMERICAN
 MUSEUM,  ASIAN  AMERICAN MUSEUMS AND CULTURAL CENTERS, A LATINX AMERICAN
 MUSEUM, CENTER FOR  WOMEN,  LGBTQ  HISTORICAL  LANDMARKS,  AND  AMERICAN
 HISTORICAL LANDMARKS AND MONUMENTS.
   §  29.  Section  3609-h of the education law, as added by section 7 of
 part A of chapter 56 of the laws of 2015, is amended to read as follows:
   § 3609-h. Moneys apportioned to school districts for commercial gaming
 grants pursuant to subdivision six of section ninety-seven-nnnn  of  the
 state finance law, when and how payable commencing July first, two thou-
 sand  fourteen.  Notwithstanding  the  provisions  of section thirty-six
 hundred nine-a of this part, apportionments payable pursuant to subdivi-
 sion six of section ninety-seven-nnnn of the state finance law shall  be
 paid  pursuant  to  this  section.  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.
   1.  The  moneys  apportioned  by  the commissioner to school districts
 pursuant to subdivision six of section ninety-seven-nnnn  of  the  state
 finance  law  for  the two thousand fourteen-two thousand fifteen school
 year and thereafter shall be paid  as  a  commercial  gaming  grant,  as
 computed pursuant to such subdivision, as follows:
   a.  For  the  two thousand fourteen--two thousand fifteen school year,
 one hundred percent of such grant shall be paid on the same date as  the
 payment  computed  pursuant to clause (v) of subparagraph three of para-
 graph b of subdivision one of section thirty-six hundred nine-a of  this
 article.
   b. For the two thousand fifteen--two thousand sixteen school year [and
 thereafter]  THROUGH  THE  TWO  THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
 SCHOOL YEAR, seventy percent of such grant shall be  paid  on  the  same
 date  as  the  payment  computed pursuant to clause (ii) of subparagraph
 three of paragraph b of subdivision one of  section  thirty-six  hundred
 nine-a  of  this article, and thirty percent of such grant shall be paid
 on the same date as the payment  computed  pursuant  to  clause  (v)  of
 subparagraph  three of paragraph b of subdivision one of section thirty-
 six hundred nine-a of this article.
   C. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR  AND
 THEREAFTER,  ONE HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME
 DATE AS THE PAYMENT COMPUTED PURSUANT TO  CLAUSE  (II)  OF  SUBPARAGRAPH
 THREE  OF  PARAGRAPH  B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
 NINE-A OF THIS ARTICLE.

 S. 7506--B                         20                         A. 9506--B
 
   2. Any payment to a school district pursuant to this section shall  be
 general  receipts of the district and may be used for any lawful purpose
 of the district.
   §  30.  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
 35 of part YYY of chapter 59 of the laws of 2019, is amended to read  as
 follows:
   b.  Reimbursement for programs approved in accordance with subdivision
 a of this section for the 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,
 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 ninety-five cents per contact hour, [and] reimbursement
 for  the  2019--2020  school  year  shall not exceed 57.7 percent of the
 lesser of such approvable costs per  contact  hour  or  fifteen  dollars
 sixty  cents  per  contact  hour,  AND  REIMBURSEMENT FOR THE 2020--2021
 SCHOOL YEAR SHALL NOT EXCEED 56.9 PERCENT OF THE LESSER OF SUCH APPROVA-
 BLE COSTS PER CONTACT HOUR OR SIXTEEN DOLLARS AND TWENTY-FIVE CENTS  PER
 CONTACT  HOUR,  AND  where  a  contact  hour represents sixty minutes of
 instruction services provided to an eligible adult.  Notwithstanding any
 other provision of law to the contrary, [for the 2017--2018 school  year
 such  contact hours shall not exceed one million five hundred forty-nine
 thousand four hundred sixty-three (1,549,463); and] for  the  2018--2019
 school year such contact hours shall not exceed one million four hundred
 sixty-three thousand nine hundred sixty-three (1,463,963); [and] for the
 2019--2020  school  year such contact hours shall not exceed one million
 four hundred forty-four thousand four  hundred  forty-four  (1,444,444);
 AND  FOR  THE 2020--2021 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED
 ONE  MILLION  FOUR  HUNDRED  SIX  THOUSAND   NINE   HUNDRED   TWENTY-SIX
 (1,406,926).   Notwithstanding any other provision of law to the contra-
 ry, the apportionment calculated for the city  school  district  of  the
 city  of  New  York  pursuant  to  subdivision 11 of section 3602 of the
 education law shall be computed as if such contact hours provided by the
 consortium for worker education, not to exceed  the  contact  hours  set
 forth herein, were eligible for aid in accordance with the provisions of
 such subdivision 11 of section 3602 of the education law.
   §  31. 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 y to read as follows:
   Y. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION  OF PAYMENTS FOR THE 2020-21 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).
   §  32. 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 37 of part YYY
 of chapter 59 of the laws of 2019, is amended to read as follows:
   § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
 repealed on June 30, [2020] 2021.

 S. 7506--B                         21                         A. 9506--B
 
   §  32-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
 tion law, as amended by section 37-a of part YYY of chapter  59  of  the
 laws of 2019, is amended to read as follows:
   a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
 sion, for aid payable in the school years two thousand--two thousand one
 through two thousand nine--two thousand ten, and two  thousand  eleven--
 two thousand twelve through two thousand [nineteen] TWENTY--two thousand
 [twenty]  TWENTY-ONE,  the  commissioner  may set aside an amount not to
 exceed two million five hundred thousand dollars from the  funds  appro-
 priated  for  purposes  of  this  subdivision for the purpose of serving
 persons twenty-one years of age or older who have not been  enrolled  in
 any  school  for  the  preceding school year, including persons who have
 received a high school diploma or high school  equivalency  diploma  but
 fail  to  demonstrate basic educational competencies as defined in regu-
 lation by the  commissioner,  when  measured  by  accepted  standardized
 tests, and who shall be eligible to attend employment preparation educa-
 tion programs operated pursuant to this subdivision.
   § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating  to certain provisions related to the 1994-95 state operations,
 aid to localities, capital projects and debt service budgets, as amended
 by section 32 of part CCC of chapter 59 of the laws of 2018, 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, [2020] 2022.
   § 34. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
 education  law  relating  to conditional appointment of school district,
 charter school or BOCES employees, as amended by section 39 of part  YYY
 of chapter 59 of the laws of 2019, 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, [2020] 2021 when
 upon such date the provisions of this act shall be deemed repealed.
   § 35. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
 education  law  relating  to  the  provision of supplemental educational
 services, attendance at a safe  public  school  and  the  suspension  of
 pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
 amended by section 40 of part YYY of chapter 59 of the laws of 2019,  is
 amended to read as follows:
   §  4.  This act shall take effect July 1, 2002 and section one of this
 act shall expire and be deemed repealed June 30, 2019, and sections  two
 and  three  of  this act shall expire and be deemed repealed on June 30,
 [2020] 2021.
   § 36. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
 education law relating to implementation of the No Child Left Behind Act
 of  2001, as amended by section 41 of part YYY of chapter 59 of the laws
 of 2019, is amended to read as follows:

 S. 7506--B                         22                         A. 9506--B
 
   § 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, [2020] 2021.
   § 37. Subdivision 11 of section 94 of part C of chapter 57 of the laws
 of  2004, relating to the support of education, as amended by section 58
 of part YYY of chapter 59 of the laws of 2017, is  amended  to  read  as
 follows:
   11.  section  seventy-one  of  this  act  shall  expire  and be deemed
 repealed June 30, [2020] 2023;
   § 38. School bus driver training. In addition to apportionments other-
 wise provided by section 3602 of the education law, for aid  payable  in
 the  2020-2021 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.
   §  39.  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 2021 and not later than the last  day  of  the  third  full
 business week of June 2021, 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, 2021, for salary expenses incurred between April 1 and
 June 30, 2020 and such apportionment shall not exceed the sum of (i) the
 deficit reduction assessment of 1990--1991 as determined by the  commis-
 sioner of education, pursuant to paragraph f of subdivision 1 of section
 3602 of the education law, as in effect through June 30, 1993, plus (ii)
 186  percent  of such amount for a city school district in a city with a
 population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
 such amount for a city school district in a city with  a  population  of
 more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
 ing to the latest federal census, plus  (iv)  the  net  gap  elimination
 adjustment  for  2010--2011, as determined by the commissioner of educa-
 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
 nation adjustment for 2011--2012 as determined by  the  commissioner  of
 education  pursuant  to  subdivision 17 of section 3602 of the education
 law, and provided further that such apportionment shall not exceed  such
 salary  expenses.  Such  application shall be made by a school district,
 after the board of education or trustees have adopted a resolution to do
 so and in the case of a city school district in a city with a population
 in excess of 125,000 inhabitants, with the approval of the mayor of such
 city.
   b. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  a  of  this section shall be submitted to the
 commissioner of education on a form prescribed  for  such  purpose,  and
 shall  be  payable upon determination by such commissioner that the form
 has been submitted as prescribed. Such approved amounts shall be payable
 on the same day in September of the school year following  the  year  in
 which  application  was  made as funds provided pursuant to subparagraph
 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
 law, on the audit and warrant  of  the  state  comptroller  on  vouchers
 certified  or  approved  by  the commissioner of education in the manner
 prescribed by law from moneys in the state lottery  fund  and  from  the

 S. 7506--B                         23                         A. 9506--B
 
 general  fund  to  the  extent that the amount paid to a school district
 pursuant to this section exceeds the amount, if  any,  due  such  school
 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
 section  3609-a  of  the  education law in the school year following the
 year in which application was made.
   c. Notwithstanding the provisions of section 3609-a of  the  education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions  a  and  b of this section shall first be deducted from the
 following payments due  the  school  district  during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 40. 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, 2021, 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, 2021 and  such  apportionment  shall
 not  exceed  the  additional  accruals  required  to  be  made by school
 districts in the 2004--2005 and 2005--2006 school years associated  with
 changes  for  such  public pension liabilities. The amount of such addi-
 tional accrual shall be certified to the commissioner  of  education  by
 the  president of the board of education or the trustees or, in the case
 of a city school district in a city  with  a  population  in  excess  of
 125,000  inhabitants,  the mayor of such city. Such application shall be
 made by a school district, after the board of education or trustees have
 adopted a resolution to do so and in the case of a city school  district
 in  a  city with a population in excess of 125,000 inhabitants, with the
 approval of the mayor of such city.
   b. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  a  of  this section shall be submitted to the
 commissioner of education on a form prescribed  for  such  purpose,  and
 shall  be  payable upon determination by such commissioner that the form
 has been submitted as prescribed. Such approved amounts shall be payable
 on the same day in September of the school year following  the  year  in
 which  application  was  made as funds provided pursuant to subparagraph
 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
 law, on the audit and warrant  of  the  state  comptroller  on  vouchers
 certified  or  approved  by  the commissioner of education in the manner
 prescribed by law from moneys in the state lottery  fund  and  from  the
 general  fund  to  the  extent that the amount paid to a school district
 pursuant to this section exceeds the amount, if  any,  due  such  school
 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
 section  3609-a  of  the  education law in the school year following the
 year in which application was made.
   c. Notwithstanding the provisions of section 3609-a of  the  education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions  a  and  b of this section shall first be deducted from the

 S. 7506--B                         24                         A. 9506--B
 
 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.
   § 41. Notwithstanding the provision of any law, rule, or regulation to
 the contrary, the city school district of the city  of  Rochester,  upon
 the  consent  of  the  board  of cooperative educational services of the
 supervisory district serving its geographic  region  may  purchase  from
 such  board  for  the  2020--2021 school year, as a non-component school
 district, services required by article 19 of the education law.
   § 42. The amounts specified in this section shall be a set-aside  from
 the  state  funds  which  each such district is receiving from the total
 foundation aid:
   a. for the development, maintenance or expansion of magnet schools  or
 magnet  school  programs  for  the  2020--2021 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
 Newburgh city school district, four million six hundred forty-five thou-
 sand  dollars  ($4,645,000);  for the Poughkeepsie city school district,
 two million four hundred seventy-five thousand dollars ($2,475,000); for
 the Mount Vernon city school district, two million dollars ($2,000,000);
 for the New Rochelle city school district, one million four hundred  ten
 thousand dollars ($1,410,000); for the Schenectady city school district,
 one  million  eight  hundred thousand dollars ($1,800,000); for the Port
 Chester city school district, one million  one  hundred  fifty  thousand
 dollars  ($1,150,000);  for  the White Plains city school district, nine
 hundred thousand dollars ($900,000); for the Niagara Falls  city  school
 district,  six  hundred thousand dollars ($600,000); for the Albany city
 school district, three  million  five  hundred  fifty  thousand  dollars
 ($3,550,000);  for  the  Utica city school district, two million dollars
 ($2,000,000); for the Beacon city school district, five  hundred  sixty-
 six   thousand  dollars  ($566,000);  for  the  Middletown  city  school
 district, four hundred thousand dollars  ($400,000);  for  the  Freeport
 union  free  school  district, four hundred thousand dollars ($400,000);
 for the Greenburgh  central  school  district,  three  hundred  thousand
 dollars  ($300,000);  for  the  Amsterdam  city  school  district, eight
 hundred thousand dollars  ($800,000);  for  the  Peekskill  city  school
 district,  two  hundred  thousand dollars ($200,000); and for the Hudson
 city school district, four hundred thousand dollars ($400,000).
   b. Notwithstanding any inconsistent provision of law to the  contrary,
 a  school  district  setting  aside such foundation aid pursuant to this

 S. 7506--B                         25                         A. 9506--B
 
 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
 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 2020--2021 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
 2020--2021  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 2020--2021 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-a. Subdivision a of section 5 of chapter 121 of the laws of 1996,
 relating to authorizing the Roosevelt  union  free  school  district  to
 finance  deficits by the issuance of serial bonds, as amended by section
 52-a of part YYY of chapter 59 of the laws of 2019, is amended  to  read
 as follows:
   a.  Notwithstanding  any  other provisions of law, upon application to
 the commissioner of education submitted not sooner than April first  and
 not  later than June thirtieth of the applicable school year, the Roose-
 velt union free school district shall be eligible to receive  an  appor-
 tionment pursuant to this chapter for salary expenses, including related
 benefits, incurred between April first and June thirtieth of such school

 S. 7506--B                         26                         A. 9506--B
 
 year.   Such apportionment shall not exceed: for the 1996-97 school year
 through  the  [2019-20]  2020-21  school  year,  four  million   dollars
 ($4,000,000);  for  the  [2020-21]  2021-22  school  year, three million
 dollars ($3,000,000); for the [2021-22] 2022-23 school year, two million
 dollars ($2,000,000); for the [2022-23] 2023-24 school year, one million
 dollars  ($1,000,000);  and  for the [2023-24] 2024-25 school year, zero
 dollars.   Such annual application shall be  made  after  the  board  of
 education  has  adopted  a  resolution to do so with the approval of the
 commissioner of education.
   § 42-b. Section 8 of chapter 89  of  the  laws  of  2016  relating  to
 supplementary  funding for dedicated programs for public school students
 in the East Ramapo central school district, as amended by  section  46-a
 of  part  YYY  of  chapter 59 of the laws of 2019, is amended to read as
 follows:
   § 8. This act shall take effect July 1, 2016 and shall expire  and  be
 deemed  repealed  June  30,  [2020]  2021,  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.
   §  42-c.  Subdivision  (a)  of section 11 of chapter 18 of the laws of
 2020, authorizing deficit financing and an advance of aid  payments  for
 the Wyandanch union free school district, is amended to read as follows:
   (a)  The  school  district is hereby authorized to issue serial bonds,
 subject to the provisions of section 10.10 of the local finance law,  on
 or before [June thirtieth] OCTOBER THIRTY-FIRST, two thousand twenty, in
 an  aggregate  principal amount not to exceed [three] FOUR million [one]
 FIVE hundred  thousand  dollars  [($3,100,000)]  ($4,500,000),  for  the
 specific object or purpose of liquidating actual deficits in its general
 fund at the close of the fiscal year ending June thirtieth, two thousand
 nineteen  as  certified by the state comptroller. In anticipation of the
 issuance and sale of such serial  bonds,  bond  anticipation  notes  are
 hereby authorized to be issued.
   §  43.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2020  enacting
 the  aid  to  localities  budget  shall be apportioned for the 2020-2021
 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  2020-2021
 by a chapter of the laws of 2020 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.
   § 44. 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

 S. 7506--B                         27                         A. 9506--B
 
 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.
   §  45.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2020, provided,
 however, that:
   1. sections one, fourteen-a, fourteen-b, fourteen-c, fourteen-d, four-
 teen-e, twenty-two, twenty-four, twenty-seven, thirty-eight,  forty-one,
 forty-two and forty-two-a of this act shall take effect July 1, 2020;
   2.  the  amendments  to  section  2590-h  of the education law made by
 section twenty-eight of this act shall not  affect  the  expiration  and
 reversion of such section and shall expire and be deemed repealed there-
 with;
   3.  section  twenty-nine  of  this act shall be deemed to have been in
 full force and effect on and after April 1, 2019;
   4. the amendments to chapter 756 of the  laws  of  1992,  relating  to
 funding a program for work force education conducted by a consortium for
 worker education in New York city made by sections thirty and thirty-one
 of  this  act  shall  not affect the repeal of such chapter and shall be
 deemed repealed therewith;
   5. the amendments to paragraph (a) of section 11 of chapter 18 of  the
 laws  of  2020  made by section forty-two-c of this act shall not affect
 the repeal of such section and shall be deemed repealed therewith; and
   6. the amendments to paragraph (a) of subdivision 1 of section 2856 of
 the education law made by section twenty-six-a  of  this  act  shall  be
 subject  to the expiration and reversion of such subdivision pursuant to
 subdivision d of section 27 of chapter 378  of  the  laws  of  2007,  as
 amended,  when  upon such date the provisions of section twenty-six-b of
 this act shall take effect.
 
                                  PART B
 
   Section 1. Legislative intent. The purpose of this act is to establish
 the Syracuse  Comprehensive  Education  and  Workforce  Training  Center
 focusing  on  Science, Technology, Engineering, Arts, and Math. The high
 school within the Syracuse Comprehensive Education and Workforce  Train-
 ing  Center shall provide a high school course of instruction for grades
 nine through twelve, dedicated to providing expanded learning access and
 career opportunities to students residing in the Onondaga, Cortland  and
 Madison  county  board  of  cooperative  educational services region and
 central New York, in the areas of science, technology, engineering, arts
 and mathematics as well as the core  academic  areas  required  for  the
 issuance  of high school diplomas in accordance with the rules and regu-
 lations promulgated by the board  of  regents.  The  legislature  hereby
 finds  and declares that the establishment of the Syracuse Comprehensive
 Education and Workforce Training Center is a necessary component to  the
 development of the greater central New York region of New York state and
 a  necessary  link  to  fostering the development and advancement of the
 arts and emerging technologies. This high school and workforce  training
 center will advance the interests of the central New York region and New
 York  state  by  engaging students in rigorous and enriching educational

 S. 7506--B                         28                         A. 9506--B
 
 experiences focused on the arts and emerging technologies, project-based
 learning and collaboration and by providing that experience  within  the
 context of a business and learning community for the purpose of directly
 connecting  student  learning with real world experience in the arts and
 advanced technical facilities. It is expressly found that the establish-
 ment and operation of the Syracuse Comprehensive Education and Workforce
 Training Center pursuant to this act is a public purpose.
   § 2. Establishment of the Syracuse Comprehensive Education  and  Work-
 force Training Center high school.  1. The Syracuse Comprehensive Educa-
 tion and Workforce Training Center high school may be established by the
 board of education of the Syracuse city school district pursuant to this
 section for students in grades nine through twelve.
   2. Such high school shall be governed by the board of education of the
 Syracuse  city  school district. The high school shall be subject to all
 laws, rules and regulations which are applicable to a public high school
 unless otherwise provided for in this act.  The  high  school  shall  be
 subject  to  the oversight of the board of regents and the program shall
 be audited in a manner consistent with provisions of law and regulations
 that are applicable to other public schools.
   3. The board of education of the Syracuse city school  district  shall
 have  the  responsibility for the operation, supervision and maintenance
 of the high school and shall be responsible for  the  administration  of
 the high school, including curriculum, grading, discipline and staffing.
 The  high  school  may  partner  with  a certified institution of higher
 education to offer an early college high school program. The high school
 and workforce training center may also partner with a certified institu-
 tion of higher education to offer apprenticeship training and  programs.
 The  workforce training center, in collaboration with educational oppor-
 tunity centers, shall provide career connection  programs  and  opportu-
 nities  including,  but not limited to, workforce preparation and train-
 ing,  industry  certifications  and   credentials   including   advanced
 technical  certifications  and  high  school  equivalency  programs, and
 educational opportunity center programs at  the  Syracuse  Comprehensive
 Education  and Workforce Training Center at night.  The State University
 of New York Empire State College may also  partner  with  the  New  York
 State  Department  of  Labor.    The  workforce  training center is also
 authorized to partner with  other  local  entities  including,  but  not
 limited  to,  businesses, non-profit organizations, educational opportu-
 nity centers, state  and  local  governments,  and  other  organizations
 focused  on  closing  the  skills gap and increasing employment opportu-
 nities through training. The workforce training center programs shall be
 available to students as well as members of the community.
   4. Such workforce training center  shall  be  governed  by  the  State
 University  of  New  York  Empire State College in consultation with the
 board of education of the Syracuse city school district.
   5. The Syracuse City School District  shall  develop  a  comprehensive
 safety policy that includes a requirement that workforce training center
 programs  offered  at the Syracuse Comprehensive Education and Workforce
 Training Center shall be offered at night.
   6. The board of education of the Syracuse city school  district  shall
 be  authorized  to  enter  into  contracts as necessary or convenient to
 operate such high school.
   7. Students attending such high school shall continue to  be  enrolled
 in their school district of residence. The Syracuse city school district
 shall  be  responsible  for  the  issuance  of  a high school diploma to

 S. 7506--B                         29                         A. 9506--B

 students who attended the high school based on such students' successful
 completion of the high school's educational program.
   8.  For  purposes  of  all state aid calculations made pursuant to the
 education law, students attending such high school shall continue to  be
 treated and counted as students of their school district of residence.
   9.  The  public  school  district  of  residence shall be obligated to
 provide transportation,  without  regard  to  any  mileage  limitations,
 provided  however,  for  aid reimbursements pursuant to subdivision 7 of
 section 3602 of the education law, expenses associated with  the  trans-
 portation  of  students  to and from the high school up to a distance of
 thirty miles shall be included.
   10. It shall be the duty of the student's  district  of  residence  to
 make  payments as calculated in this act directly to the school district
 for each student enrolled in the high school.  No costs shall be  appor-
 tioned  to  school  districts that elect not to participate in such high
 school.
   11. The trustees or the board of education of a  school  district  may
 enter  into a memorandum of understanding with the board of education of
 the Syracuse city school district to participate  in  such  high  school
 program  for  a  period not to exceed five years upon such terms as such
 trustees or board of education and the board of education of  the  Syra-
 cuse city school district may mutually agree.  Such memorandum of under-
 standing  shall set forth a methodology for the calculation of per pupil
 tuition costs that shall be  subject  to  review  and  approval  by  the
 commissioner of education.
   12.  Any student eligible for enrollment in grades nine through twelve
 of a public school entering into a memorandum of understanding with  the
 board  of  education  of  the  Syracuse  city  school district to enroll
 students in the high school shall be eligible for admission to the  high
 school. To the extent that the number of qualified applicants may exceed
 the number of available spaces, the high school shall grant admission on
 a  random  selection basis, provided that an enrollment preference shall
 be provided to pupils returning to the high school in the second or  any
 subsequent  year.  The criteria for admission shall not be limited based
 on intellectual ability, measures of academic achievement  or  aptitude,
 athletic  aptitude,  disability,  race,  creed, gender, national origin,
 religion, ancestry, or location of  residence.  The  high  school  shall
 determine  the tentative enrollment roster, notify the parents, or those
 in parental  relations  to  those  students,  and  the  resident  school
 district by April first of the school year preceding the school year for
 which the admission is granted.
   13.  Notwithstanding  any  other provision of law to the contrary, the
 Syracuse city school district is authorized to transfer ownership of the
 Syracuse Comprehensive Education and Workforce Training Center  facility
 to  the  county  of Onondaga and the county of Onondaga is authorized to
 assume such ownership and to enter into a lease for such  facility  with
 the  Syracuse  city school district. The county of Onondaga may contract
 for indebtedness to renovate such facility  and  any  related  financing
 shall  be deemed a county purpose. The county of Onondaga shall transfer
 ownership of the Syracuse Comprehensive Education and Workforce Training
 Center facility to the city of  Syracuse  upon  the  expiration  of  the
 lease.
   14.  Notwithstanding  any  other provision of law to the contrary, the
 county of Onondaga shall submit estimated project costs  for  the  reno-
 vation  and  equipping of the Syracuse Comprehensive Education and Work-
 force Training Center after the completion of schematic plans and  spec-

 S. 7506--B                         30                         A. 9506--B
 
 ifications  for  review  by  the commissioner of education. If the total
 project costs associated with such  project  exceed  the  approved  cost
 allowance  of  such  building  project pursuant to section three of this
 act,  and  the county has not otherwise demonstrated to the satisfaction
 of the New York state education department  the  availability  of  addi-
 tional  local  shares  for  such  excess costs from the city of Syracuse
 and/or the Syracuse city school district,  then  the  county  shall  not
 proceed  with the preparation of final plans and specifications for such
 project until the project has been  redesigned  or  value-engineered  to
 reduce  estimated  project  costs  so  as  not  to exceed the above cost
 limits.
   15. Notwithstanding any other provision of law to  the  contrary,  the
 county  of  Onondaga  shall submit estimated project costs for the reno-
 vation and equipping of the Syracuse Comprehensive  Education  Workforce
 and  Training  Center after the completion of fifty percent of the final
 plans and specifications for review by the commissioner of education. If
 the total project costs associated with such project exceed the approved
 cost allowance of such building project pursuant to subparagraph (8)  of
 paragraph  a  of subdivision 6 of section 3602 of the education law, and
 the county has not otherwise demonstrated to the satisfaction of the New
 York state education department the  availability  of  additional  local
 share  for  such excess costs from the city of Syracuse and/or the Syra-
 cuse city school district, then the county shall not  proceed  with  the
 completion  of  the  remaining fifty percent of the plans and specifica-
 tions for such project until the project has been redesigned  or  value-
 engineered  to  reduce  estimated  project costs so as to not exceed the
 above cost limits.
   § 3. 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 THE RENOVATION AND EQUIP-
 PING  OF  THE  SYRACUSE  COMPREHENSIVE  EDUCATION AND WORKFORCE TRAINING
 CENTER HIGH SCHOOL AUTHORIZED FOR OPERATION BY THE SYRACUSE CITY  SCHOOL
 DISTRICT THE BUILDING AID UNITS ASSIGNED TO THIS PROJECT SHALL REFLECT A
 BUILDING  AID  ENROLLMENT  OF  ONE THOUSAND STUDENTS AND MULTI-YEAR COST
 ALLOWANCES FOR THE PROJECT SHALL BE ESTABLISHED AND UTILIZED  TWO  TIMES
 IN  THE  FIRST  FIVE-YEAR  PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES
 SHALL BE ESTABLISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE
 FIRST MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
   § 4. This act shall take effect immediately.
 
                                  PART C

   Section 1. Definitions. As used in this act:
   (a) "Commissioner" shall mean the commissioner of education;
   (b) "Department" shall mean the state education department;
   (c) "Board of education" or "board" shall mean the board of  education
 of the Rochester city school district;
   (d)  "School  district"  or  "district"  shall mean the Rochester city
 school district;
   (e) "Superintendent" shall mean the superintendent  of  the  Rochester
 city school district;
   (f)  "Relatives"  shall  mean  a  Rochester city school district board
 member's spouse, domestic partner, child, stepchild, stepparent, or  any
 person who is a direct descendant of the grandparents of a current board
 member or a board member's spouse or domestic partner; and

 S. 7506--B                         31                         A. 9506--B

   (g) "City" shall mean the city of Rochester.
   §  2.  Appointment  of  a  monitor. The commissioner shall appoint one
 monitor to provide oversight, guidance and technical assistance  related
 to  the  educational  and fiscal policies, practices, programs and deci-
 sions of the school district, the board of education and the superinten-
 dent.
   1. The monitor, to the extent practicable, shall  have  experience  in
 school district finances and one or more of the following areas:
   (a) elementary and secondary education;
   (b) the operation of school districts in New York;
   (c) educating students with disabilities; and
   (d) educating English language learners.
   2. The monitor shall be a non-voting ex-officio member of the board of
 education.  The  monitor  shall  be an individual who is not a resident,
 employee of the school district or relative of a  board  member  of  the
 school district at the time of his or her appointment.
   3. The reasonable and necessary expenses incurred by the monitor while
 performing  his  or  her  official  duties  shall  be paid by the school
 district.  Notwithstanding any other provision of law, the monitor shall
 be entitled to defense and indemnification by the school district to the
 same extent as a school district employee.
   § 3. Meetings. 1. The monitor shall be entitled to attend all meetings
 of the board, including executive sessions; provided however, such moni-
 tor shall not be considered for purposes of establishing a quorum of the
 board. The school  district  shall  fully  cooperate  with  the  monitor
 including, but not limited to, providing such monitor with access to any
 necessary  documents  and  records  of  the district including access to
 electronic  information  systems,  databases  and  planning   documents,
 consistent with all applicable state and federal statutes including, but
 not  limited  to,  Family  Education  Rights and Privacy Act (FERPA) (20
 U.S.C. § 1232g) and section 2-d of the education law.
   2. The board, in consultation with the monitor, shall adopt a conflict
 of interest policy that complies  with  all  existing  applicable  laws,
 rules  and regulations that ensures its board members and administration
 act in the school district's best interest and  comply  with  applicable
 legal  requirements.  The conflict of interest policy shall include, but
 not be limited to:
   (a) a definition of the circumstances that constitute  a  conflict  of
 interest;
   (b) procedures for disclosing a conflict of interest to the board;
   (c) a requirement that the person with the conflict of interest not be
 present  at or participate in board deliberations or votes on the matter
 giving rise to such conflict, provided that nothing in this  subdivision
 shall  prohibit  the  board  from  requesting  that  the person with the
 conflict of interest present information as background or  answer  ques-
 tions  at  a board meeting prior to the commencement of deliberations or
 voting relating thereto;
   (d) a prohibition against any attempt by the person with the  conflict
 to  influence improperly the deliberation or voting on the matter giving
 rise to such conflict; and
   (e) a requirement that the existence and resolution of the conflict be
 documented in the board's records, including in the minutes of any meet-
 ing at which the conflict was discussed or voted upon.
   § 4. Public hearings. 1. The monitor shall schedule three public hear-
 ings to be held within sixty days of his or her appointment, which shall

 S. 7506--B                         32                         A. 9506--B
 
 allow public comment from the district's residents,  students,  parents,
 employees, board members and administration.
   (a)  The first hearing shall take public comment on existing statutory
 and regulatory authority of the commissioner,  the  department  and  the
 board  of  regents regarding school district governance and intervention
 under applicable state law and regulations, including  but  not  limited
 to, sections 306, 211-c, and 211-f of the education law.
   (b)  The  second  hearing  shall  take  public comment on the academic
 performance of the district.
   (c) The third hearing shall take public comment on the fiscal perform-
 ance of the district.
   2. The board of education, the superintendent and  the  monitor  shall
 consider  these  public  comments when developing the financial plan and
 academic improvement plan under this act.
   § 5. Financial plan. 1. No later than  November  first,  two  thousand
 twenty, the board of education, the superintendent and the monitor shall
 develop a proposed financial plan for the two thousand twenty--two thou-
 sand  twenty-one  school  year and the four subsequent school years. The
 financial plan shall ensure that  annual  aggregate  operating  expenses
 shall  not  exceed  annual  aggregate operating revenues for such school
 year and that the major operating funds of the district be  balanced  in
 accordance  with  generally  accepted  accounting  principles, and shall
 consider whether financial and budgetary functions of the district shall
 be subject to a shared services agreement with the city.  The  financial
 plan  shall  include statements of all estimated revenues, expenditures,
 and cash flow projections of the district.
   2. If the board of education and the monitor agree on all the elements
 of the proposed financial plan, the board of education shall  conduct  a
 public  hearing on the plan and consider the input of the community. The
 proposed financial plan shall be made public on the  district's  website
 at  least  three  business  days  before  such  public hearing. Once the
 proposed financial plan has been approved by  the  board  of  education,
 such  plan  shall  be  submitted  by the monitor to the commissioner for
 approval and shall be deemed approved for the purposes of this act.
   3. If the board of education and the monitor do not agree on  all  the
 elements  of  the  proposed financial plan, the board of education shall
 conduct a public hearing on the proposed plan that details the  elements
 of  disagreement between the monitor and the board, including documented
 justification for such disagreements and any requested  amendments  from
 the  monitor. The proposed financial plan, elements of disagreement, and
 requested amendments shall be made public on the district's  website  at
 least  three business days before such public hearing. After considering
 the input of the community, the board may alter the  proposed  financial
 plan  and the monitor may alter his or her requested amendments, and the
 monitor shall submit the proposed financial plan, his or her  amendments
 to  the  plan,  and documentation providing justification for such disa-
 greements and amendments to the  commissioner  no  later  than  December
 first,  two  thousand twenty. By January fifteenth, two thousand twenty-
 one, the commissioner shall approve the proposed plan with  any  of  the
 monitor's  proposed  amendments,  or make other modifications, he or she
 deems appropriate.  The board of education shall provide the commission-
 er with any information he or she requests to approve such  plan  within
 three  business  days  of such request. Upon the approval of the commis-
 sioner, the financial plan shall be deemed approved for purposes of this
 act.

 S. 7506--B                         33                         A. 9506--B
 
   § 6. Academic improvement plan. 1. No later than November  first,  two
 thousand  twenty,  the  board  of  education, the superintendent and the
 monitor shall develop an academic improvement plan  for  the  district's
 two  thousand  twenty--two  thousand twenty-one school year and the four
 subsequent  school  years. The academic improvement plan shall contain a
 series of programmatic  recommendations  designed  to  improve  academic
 performance over the period of the plan in those academic areas that the
 commissioner  deems  to  be  in  need of improvement which shall include
 addressing the provisions contained in any action plan set forth by  the
 department.
   2. If the board of education and the monitor agree on all the elements
 of  the proposed academic improvement plan, the board of education shall
 conduct a public hearing on the plan  and  consider  the  input  of  the
 community.  The  proposed academic improvement plan shall be made public
 on the district's website at  least  three  business  days  before  such
 public  hearing.    Once the proposed academic improvement plan has been
 approved by the board of education, such plan shall be submitted by  the
 monitor  to  the  commissioner for approval and shall be deemed approved
 for the purposes of this act.
   3. If the board of education and the monitor do not agree on  all  the
 elements  of the proposed academic improvement plan, the board of educa-
 tion shall conduct a public hearing on the proposed  plan  that  details
 the  elements of disagreement between the monitor and the board, includ-
 ing documented justification for such disagreements  and  any  requested
 amendments  from  the  monitor.  The proposed academic improvement plan,
 elements of disagreement, and requested amendments shall be made  public
 on  the  district's  website  at  least  three business days before such
 public hearing. After considering the input of the community, the  board
 may  alter  the  proposed  academic improvement plan and the monitor may
 alter his or her requested amendments, and the monitor shall submit  the
 proposed  academic  improvement plan, his or her amendments to the plan,
 and documentation providing justification  for  such  disagreements  and
 amendments  to  the commissioner no later than December first, two thou-
 sand twenty. By January fifteenth, two thousand twenty-one, the  commis-
 sioner  shall  approve  the  proposed  plan  with  any  of the monitor's
 proposed amendments, or make other modifications, he or she deems appro-
 priate. The board of education shall provide the commissioner  with  any
 information  he  or she requests to approve such plan within three busi-
 ness days of such request. Upon the approval of  the  commissioner,  the
 academic  improvement plan shall be deemed approved for purposes of this
 act.
   § 7. Fiscal and operational oversight. 1. Starting with  the  proposed
 budget  for  the two thousand twenty-one--two thousand twenty-two school
 year, the board of education shall annually submit the school district's
 proposed budget for the next succeeding school year to  the  monitor  no
 later than March first prior to the start of such next succeeding school
 year.  The monitor shall review the proposed budget to ensure that it is
 balanced within the context of revenue  and  expenditure  estimates  and
 mandated  programs. The monitor shall also review the proposed budget to
 ensure that it, to the greatest extent possible, is consistent with  the
 district  academic  improvement  plan  and  financial plan developed and
 approved pursuant to this act. The monitor  shall  present  his  or  her
 findings  to  the  board of education and the commissioner no later than
 forty-five days prior to the date scheduled for the board of education's
 vote on the adoption of the final budget or the last date on  which  the
 budget  may  be  finally  adopted, whichever is sooner. The commissioner

 S. 7506--B                         34                         A. 9506--B
 
 shall require the board of education to make amendments to the  proposed
 budget  consistent  with  any recommendations made by the monitor if the
 commissioner determines such amendments are necessary to comply with the
 financial  plan and academic improvement plan under this act. The school
 district shall make available on the district's website:    the  initial
 proposed  budget,  the monitor's findings, and the final proposed budget
 at least seven days prior to the date of the  school  district's  budget
 hearing.  The board of education shall provide the commissioner with any
 information he or she requests in order to make a determination pursuant
 to this subdivision within three business days of such request.
   2. The district shall provide quarterly reports  to  the  monitor  and
 annual  reports  to  the  commissioner  and  the board of regents on the
 academic, fiscal, and operational status  of  the  school  district.  In
 addition,  the  monitor shall provide semi-annual reports to the commis-
 sioner, board of regents, the governor, the temporary president  of  the
 senate,  and  the  speaker  of the assembly on the academic, fiscal, and
 operational status of the school  district.    Such  semi-annual  report
 shall  include all the contracts that the district entered into through-
 out the year.
   3. The monitor shall have the authority to disapprove  travel  outside
 the state paid for by the district.
   4.  The  monitor shall work with the district's shared decision-making
 committee as defined in  8  NYCRR  100.11  in  developing  the  academic
 improvement  plan,  financial  plan,  district  goals, implementation of
 district priorities, and budgetary recommendations.
   5. The monitor shall assist in resolving any disputes  and  conflicts,
 including  but  not limited to, those between the superintendent and the
 board of education and among the members of the board of education.
   6. The monitor may recommend, and the board shall consider by vote  of
 a  resolution  at  the  next scheduled meeting of the board, cost saving
 measures including, but not limited to, shared service agreements.
   § 8. The commissioner may overrule any decision of the monitor, except
 for collective bargaining agreements negotiated in accordance with arti-
 cle 14 of the civil service law, if he or she deems that  such  decision
 is  not  aligned  with  the financial plan, academic improvement plan or
 school district's budget.
   § 9. The monitor may notify the commissioner and the board in  writing
 when  he or she deems the district is violating an element of the finan-
 cial plan or academic improvement plan in this act. Within twenty  days,
 the commissioner shall determine whether the district is in violation of
 any  of  the elements of the financial plan or academic improvement plan
 highlighted by the monitor and shall order the district to comply  imme-
 diately with the plan and remedy any such violation. The school district
 shall  suspend  all  actions  related  to the potential violation of the
 financial plan or  academic  improvement  plan  until  the  commissioner
 issues a determination.
   §  10.  Nothing  in this act shall be construed to abrogate the duties
 and responsibilities of the school district consistent  with  applicable
 state law and regulations.
   §  11. The Rochester city school district shall be paid on an acceler-
 ated schedule as follows:
   a. (1) Notwithstanding any other provisions of law, for aid payable in
 the school years 2019-2020 through 2048-2049  upon  application  to  the
 commissioner of education submitted not sooner than the second Monday in
 June  of the school year in which such aid is payable and not later than
 the Friday following the third Monday in June  of  the  school  year  in

 S. 7506--B                         35                         A. 9506--B

 which  such aid is payable, or ten days after the effective date of this
 act, whichever shall be later, provided, however, that for  the  2019-20
 school  year  such  application shall be no later than May 11, 2020, the
 Rochester  city  school  district shall be eligible to receive an appor-
 tionment pursuant to this act in an amount equal to the product of thir-
 ty-five million dollars ($35,000,000) and the quotient of  the  positive
 difference  of thirty minus the number of school years elapsed since the
 2019-2020 school year divided by thirty, provided, however, that for the
 2019-20 school year such apportionment shall be paid  to  the  Rochester
 city school district no later than May 20, 2020.
   (2)  Funds  apportioned pursuant to this subdivision shall be used for
 services and expenses of the Rochester city school district and shall be
 applied to  support  of  its  educational  programs  and  any  liability
 incurred  by such city school district in carrying out its functions and
 responsibilities under the education law.
   b. The claim for an apportionment to be paid  to  the  Rochester  city
 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 and that the school
 district has complied with the reporting requirements of this  act.  For
 each  school year in which application is made pursuant to subdivision a
 of this section, such approved amount shall be payable on or before June
 thirtieth of such school year upon 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 appropriated for general support of public schools and from
 the  general  fund  to  the extent that the amount paid to the Rochester
 city school district pursuant to this subdivision and subdivision  a  of
 this  section  exceeds the amount of the moneys apportioned, if any, for
 general support for public schools due such school district pursuant  to
 section 3609-a of the education law on or before September first of such
 school year.
   c.  Notwithstanding  the provisions of section 3609-a of the education
 law, an amount equal to the amount paid to  the  Rochester  city  school
 district  during  the base year pursuant to subdivisions a and b of this
 section shall first be deducted from payments  due  during  the  current
 school  year  pursuant  to  subparagraphs  (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 any remain-
 der to be deducted from the individualized payments due to the  district
 pursuant to paragraph b of such subdivision shall be deducted on a chro-
 nological basis starting with the earliest payment due the district.
   d.  Notwithstanding  any  other provisions of law, the sum of payments
 made to the Rochester city school district during the base year pursuant
 to subdivisions a and b of this  section  plus  payments  made  to  such
 school  district  during  the current year pursuant to section 3609-a of
 the education law shall be deemed to truly represent all  aids  paid  to
 such  school  district  during  the current school year pursuant to such
 section 3609-a for the purposes of computing  any  adjustments  to  such
 aids that may occur in a subsequent school year.
   e. (1) On or before the first day of each month beginning in July 2020
 and ending in June 2050, the chief fiscal officer and the superintendent
 of  schools  of  the  Rochester  city  school district shall prepare and

 S. 7506--B                         36                         A. 9506--B
 
 submit to the board of education a report of the fiscal condition of the
 school district, including but not limited to the most current available
 data on fund balances on funds maintained by the school district and the
 district's use of the apportionments provided pursuant to subdivisions a
 and b of this section.
   (2) Such monthly report shall be in a format prescribed by the commis-
 sioner  of  education.  The  board  of education shall either reject and
 return the report to the chief fiscal officer and the superintendent  of
 schools  for  appropriate revisions and resubmittal or shall approve the
 report and submit copies to the commissioner of education and the  state
 comptroller of such approved report as submitted or resubmitted.
   (3)  In the 2019-2020 through 2048-2049 school years, the chief fiscal
 officer of the Rochester city school district shall monitor all  budgets
 and  for  each  budget,  shall  prepare a quarterly report of summarized
 budget data depicting overall  trends  of  actual  revenues  and  budget
 expenditures  for  the  entire  budget as well as individual line items.
 Such report shall compare revenue estimates and  appropriations  as  set
 forth  in  such budget with the actual revenues and expenditures made to
 date. All quarterly reports shall be  accompanied  by  a  recommendation
 from  the superintendent of schools or chief fiscal officer to the board
 of education setting forth any remedial actions necessary to resolve any
 unfavorable budget variance including the overestimation of revenue  and
 underestimation  of  appropriations. The chief fiscal officer shall also
 prepare, as part of such report, a quarterly trial  balance  of  general
 ledger accounts in accordance with generally accepted accounting princi-
 ples  as  prescribed  by  the  state  comptroller.  All reports shall be
 completed within sixty days after the end of each quarter and  shall  be
 submitted  to the chief fiscal officer and the board of education of the
 Rochester city school district, the state division of budget, the office
 of the state comptroller, the commissioner of education,  the  chair  of
 the  assembly  ways  and  means  committee  and  the chair of the senate
 finance committee.
   § 12. This act shall take effect immediately, provided, however,  that
 sections two, three, four, five, six, seven, eight, nine and ten of this
 act  shall  expire  and  be  deemed repealed June 30, 2023; and provided
 further, however that sections one and eleven of this act  shall  expire
 and be deemed repealed June 30, 2049.
 
                                  PART D
 
   Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
 tion law is amended by adding a new paragraph 4-a to read as follows:
   (4-A) NOTWITHSTANDING ANY LAW, RULE, REGULATION, OR  PRACTICE  TO  THE
 CONTRARY  AND FOLLOWING THE REVIEW AND APPROVAL OF THE CHANCELLOR OF THE
 STATE UNIVERSITY OR HIS OR HER DESIGNEE, THE BOARD OF TRUSTEES MAY RAISE
 NON-RESIDENT UNDERGRADUATE RATES OF TUITION BY NOT MORE THAN TEN PERCENT
 OVER THE TUITION RATES OF THE PRIOR  ACADEMIC  YEAR  FOR  THE  FOLLOWING
 DOCTORAL  DEGREE  GRANTING  INSTITUTIONS  OF THE STATE UNIVERSITY OF NEW
 YORK:  THE STATE UNIVERSITY OF NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCE
 AND FORESTRY AS DEFINED IN ARTICLE ONE HUNDRED TWENTY-ONE OF THIS  CHAP-
 TER,  DOWNSTATE  MEDICAL CENTER, UPSTATE MEDICAL CENTER, AND THE COLLEGE
 OF TECHNOLOGY AT UTICA-ROME/STATE UNIVERSITY POLYTECHNIC INSTITUTE FOR A
 FOUR YEAR PERIOD COMMENCING WITH THE TWO THOUSAND  TWENTY--TWO  THOUSAND
 TWENTY-ONE  ACADEMIC  YEAR AND ENDING IN THE TWO THOUSAND TWENTY-THREE--
 TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR PROVIDED THAT SUCH RATE CHANGE IS

 S. 7506--B                         37                         A. 9506--B
 
 APPROVED ANNUALLY PRIOR TO BOARD OF TRUSTEES ACTION BY THE CHANCELLOR OF
 THE STATE UNIVERSITY OR HIS OR HER DESIGNEE.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
                           Intentionally Omitted
 
                                  PART F
 
                           Intentionally Omitted
 
                                  PART G
 
                           Intentionally Omitted
 
                                  PART H
 
   Section  1.  Notwithstanding  any  other provision of law, the housing
 trust fund corporation may provide, for  purposes  of  the  neighborhood
 preservation  program,  a  sum  not to exceed $12,830,000 for the fiscal
 year ending March 31, 2021.  Within this total amount, $150,000 shall be
 used for the purpose of entering into a contract with  the  neighborhood
 preservation  coalition  to provide technical assistance and services to
 companies funded pursuant to article 16 of the private  housing  finance
 law.    Notwithstanding  any  other provision of law, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing  any costs associated with neighborhood preservation program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $12,830,000,  such  transfer  to be made from (i) the special account of
 the mortgage insurance fund created pursuant to section  2429-b  of  the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2019-2020  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, 2020.
   §  2.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes  of  the  rural  preservation
 program, a sum not to exceed $5,360,000 for the fiscal year ending March
 31,  2021.    Within  this  total amount, $150,000 shall be used for the
 purpose of entering into a contract with the rural housing coalition  to
 provide  technical  assistance and services to companies funded pursuant
 to article 16 of the private housing finance law.   Notwithstanding  any
 other  provision  of  law,  and  subject to the approval of the New York
 state director of the budget, the board of directors of the state of New
 York mortgage agency shall authorize the transfer to the  housing  trust
 fund  corporation,  for the purposes of reimbursing any costs associated

 S. 7506--B                         38                         A. 9506--B
 
 with rural preservation program contracts authorized by this section,  a
 total  sum  not  to exceed $5,360,000, such transfer to be made from (i)
 the special account of the mortgage insurance fund created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2019-2020 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, 2020.
   § 3. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may provide, for purposes of the rural rental assist-
 ance program pursuant to article 17-A of  the  private  housing  finance
 law,  a  sum  not to exceed $21,000,000 for the fiscal year ending March
 31, 2021.  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
 $21,000,000, 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 deter-
 mined  and  certified  by  the state of New York mortgage agency for the
 fiscal year 2019-2020 in accordance with section 2429-b  of  the  public
 authorities  law,  if any, and/or (ii) provided that the reserves in the
 project pool insurance account of the mortgage  insurance  fund  created
 pursuant  to section 2429-b of the public authorities law are sufficient
 to attain and maintain the credit rating, as determined by the state  of
 New  York  mortgage  agency, required to accomplish the purposes of such
 account, the project pool insurance account of  the  mortgage  insurance
 fund,  such  transfer  shall be made as soon as practicable but no later
 than June 30, 2020.
   § 4. Notwithstanding any other provision of law, the homeless  housing
 and  assistance  corporation  may  provide, for purposes of the New York
 state supportive housing program,  the  solutions  to  end  homelessness
 program or the operational support for AIDS housing program, or to qual-
 ified  grantees under such programs, in accordance with the requirements
 of such programs, a sum not to exceed $42,641,000 for  the  fiscal  year
 ending  March  31, 2021. The homeless housing and assistance corporation
 may enter into an agreement with the office of temporary and  disability
 assistance to administer such sum in accordance with the requirements of
 such  programs.  Notwithstanding any other provision of law, and subject
 to the approval of the New York state director of the budget, the  board
 of  directors  of  the state of New York mortgage agency shall authorize
 the transfer to the homeless housing and assistance corporation, a total
 sum not to exceed $42,641,000, 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-

 S. 7506--B                         39                         A. 9506--B
 
 ance fund, as determined and certified by the state of New York mortgage
 agency  for  the fiscal year 2019-2020 in accordance with section 2429-b
 of the public authorities law, if any, and/or  (ii)  provided  that  the
 reserves in the project pool insurance account of the mortgage insurance
 fund  created  pursuant  to section 2429-b of the public authorities law
 are sufficient to attain and maintain the credit rating as determined by
 the state of New  York  mortgage  agency,  required  to  accomplish  the
 purposes  of  such  account,  the  project pool insurance account of the
 mortgage insurance fund, such transfer shall be made as soon as  practi-
 cable but no later than March 31, 2021.
   §  5.  Notwithstanding  any other provision of law, and in addition to
 the powers currently authorized to be exercised by the state of New York
 municipal bond bank agency, the state of New York  municipal  bond  bank
 agency  may  provide,  for  purposes  of municipal relief to the city of
 Albany, a sum not to exceed twelve million dollars for the  city  fiscal
 year  ending  December  31, 2020, to the city of Albany. Notwithstanding
 any other provision of law, and subject to the approval of the New  York
 state  director  of  the  budget,  the state of New York mortgage agency
 shall transfer to the state of New York municipal bond bank  agency  for
 distribution  as municipal relief to the city of Albany, a total sum not
 to exceed twelve million dollars, such transfer to be made from (i)  the
 special  account  of  the  mortgage  insurance  fund created pursuant to
 section 2429-b of the public authorities law, in an amount not to exceed
 the actual excess balance in the special account of the mortgage  insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency  for  the fiscal year 2019-2020 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 agency) required to accomplish the purposes of such account, the
 project pool insurance account of the mortgage  insurance  fund  created
 pursuant  to section 2429-b of the public authorities law, such transfer
 to be made as soon as practicable no later than December 31,  2020,  and
 provided  further  that  the  New  York state director of the budget may
 request additional information from the city  of  Albany  regarding  the
 utilization  of these funds and the finances and operations of the city,
 as appropriate.
   § 6. Notwithstanding any other provision of law, the department of law
 may provide, for purposes of a homeowner protection program, or to qual-
 ified grantees under such program, in accordance with  the  requirements
 of  such  program,  a  sum not to exceed $10,000,000 for the fiscal year
 ending March 31, 2021. 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  department of law, a total sum not to
 exceed $10,000,000, 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 2019-2020 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

 S. 7506--B                         40                         A. 9506--B
 
 the state of New  York  mortgage  agency,  required  to  accomplish  the
 purposes  of  such  account,  the  project pool insurance account of the
 mortgage insurance fund, such transfer shall be made as soon as  practi-
 cable but no later than March 31, 2021.
   § 7. This act shall take effect immediately.

                                  PART I
 
   Section  1.  Subdivision c of section 8 of section 4 of chapter 576 of
 the laws of 1974, constituting the emergency tenant  protection  act  of
 nineteen  seventy-four, as amended by section 16 of part K of chapter 36
 of the laws of 2019, is amended to read as follows:
   c. Whenever a city having a population of  one  million  or  more  has
 determined  the  existence  of an emergency pursuant to section three of
 this act, the provisions of this act and the New York city rent stabili-
 zation law of nineteen hundred sixty-nine shall be administered  by  the
 state  division  of housing and community renewal as provided in the New
 York city rent stabilization law  of  nineteen  hundred  sixty-nine,  as
 amended,  or  as  otherwise  provided  by law. The costs incurred by the
 state division of housing and community renewal  in  administering  such
 regulation  shall  be  paid by such city. All payments for such adminis-
 tration shall be transmitted to the state division of housing and commu-
 nity renewal as follows: on or after April first of each year commencing
 with April, nineteen hundred eighty-four, the  commissioner  of  housing
 and  community renewal, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET,
 shall determine an amount necessary to defray the division's anticipated
 annual cost, and one-quarter of such amount shall be paid by  such  city
 on  or  before July first of such year, one-quarter of such amount on or
 before October first of such year, one-quarter  of  such  amount  on  or
 before  January  first  of  the  following  year and one-quarter of such
 amount on or before March thirty-first of the following year. After  the
 close of the fiscal year of the state, the commissioner, IN CONSULTATION
 WITH THE DIRECTOR OF THE BUDGET, shall determine the amount of all actu-
 al  costs  incurred in such fiscal year and shall certify such amount to
 such city. If such certified amount shall differ from the amount paid by
 the city for such fiscal year, appropriate adjustments shall be made  in
 the  next  quarterly  payment to be made by such city. In the event that
 the amount thereof is not paid to the commissioner, IN CONSULTATION WITH
 THE DIRECTOR OF THE BUDGET, as herein prescribed, the  commissioner,  IN
 CONSULTATION  WITH  THE DIRECTOR OF THE BUDGET, shall certify the unpaid
 amount to the comptroller, and the comptroller shall, to the extent  not
 otherwise  prohibited  by  law,  withhold such amount from any state aid
 payable to such city. In no event shall the amount imposed on the owners
 exceed twenty dollars per unit per year.
   § 2. Subdivisions d and e of section 8 of section 4 of chapter 576  of
 the  laws  of  1974, constituting the emergency tenant protection act of
 nineteen seventy-four, subdivision d as amended by section 16 of part  K
 of  chapter  36  of  the  laws  of  2019 and subdivision e as amended by
 section 1 of part O of chapter 57 of the laws of 2009,  are  amended  to
 read as follows:
   d.  NOTWITHSTANDING  SUBDIVISION  C  OF  THIS  SECTION  OR  ANY  OTHER
 PROVISION OF LAW TO THE CONTRARY, WHENEVER THE STATE  HAS  INCURRED  ANY
 COSTS  AS  A  RESULT  OF ADMINISTERING THE RENT REGULATION PROGRAM FOR A
 CITY HAVING A POPULATION OF ONE  MILLION  OR  MORE  IN  ACCORDANCE  WITH
 SUBDIVISION C OF THIS SECTION, ON OR AFTER APRIL FIRST OF EACH YEAR, THE
 COMMISSIONER  OF HOUSING AND COMMUNITY RENEWAL, IN CONSULTATION WITH THE

 S. 7506--B                         41                         A. 9506--B
 
 DIRECTOR OF THE BUDGET, SHALL DETERMINE AN AMOUNT  NECESSARY  TO  DEFRAY
 THE STATE'S ANTICIPATED ANNUAL COST. IN THE EVENT THAT THE DIVISION DOES
 NOT  SEND  A  BILL  TO  THE CITY TO DEFRAY SUCH COSTS IN ACCORDANCE WITH
 SUBDIVISION  C  OF  THIS SECTION, IT SHALL SUBMIT TO THE CITY AN INVOICE
 SHOWING ALL SUCH COSTS AS SOON AS PRACTICABLE AFTER  THE  START  OF  THE
 STATE FISCAL YEAR IN WHICH THE COSTS ARE TO BE INCURRED. THE DIRECTOR OF
 THE BUDGET MAY DIRECT ANY OTHER STATE AGENCY TO REDUCE THE AMOUNT OF ANY
 OTHER  PAYMENT  OR PAYMENTS OWED TO SUCH CITY OR ANY DEPARTMENT, AGENCY,
 OR INSTRUMENTALITY THEREOF; PROVIDED HOWEVER, THAT SUCH REDUCTION  SHALL
 BE  MADE NO SOONER THAN THIRTY DAYS AFTER THE TRANSMITTAL OF THE INVOICE
 OF COSTS, AND SHALL BE IN AN AMOUNT EQUAL TO THE COSTS INCURRED  BY  THE
 STATE  IN  ADMINISTERING  THE  RENT  REGULATION PROGRAM FOR SUCH CITY IN
 ACCORDANCE WITH SUBDIVISION C OF THIS SECTION.   WITHIN THIRTY  DAYS  OF
 THE  RECEIPT OF THE INVOICE OF COSTS, THE CITY MAY SEND TO THE DIVISION,
 IN WRITTEN FORM, REQUESTS FOR ADDITIONAL INFORMATION  RELATING  TO  SUCH
 COSTS,  INCLUDING  ANY RECOMMENDATIONS ON WHICH LOCAL ASSISTANCE PAYMENT
 WOULD BE REDUCED.  IF THE DIRECTOR OF THE BUDGET MAKES SUCH DIRECTION IN
 ACCORDANCE WITH THIS SUBDIVISION, THE IMPACTED CITY SHALL NOT  MAKE  THE
 PAYMENTS  REQUIRED BY SUBDIVISION C OF THIS SECTION, AND THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL SHALL NOTIFY SUCH CITY IN WRITING OF  WHAT
 PAYMENT  OR PAYMENTS WILL BE REDUCED AND THE AMOUNT OF THE REDUCTION AND
 SHALL SUBALLOCATE, AS NECESSARY, THE VALUE OF THE COSTS IT  INCURRED  TO
 THE  AGENCY  OR  AGENCIES WHICH REDUCES THE PAYMENTS TO SUCH CITY OR ANY
 DEPARTMENT, AGENCY OR AUTHORITY THEREOF IN ACCORDANCE WITH THIS SUBDIVI-
 SION.
   E. The failure to pay the prescribed assessment not to  exceed  twenty
 dollars  per  unit  for any housing accommodation subject to this act or
 the New York city rent stabilization law of nineteen hundred  sixty-nine
 shall constitute a charge due and owing such city, town or village which
 has  imposed an annual charge for each such housing accommodation pursu-
 ant to subdivision b of this section. Any such  city,  town  or  village
 shall  be authorized to provide for the enforcement of the collection of
 such charges by commencing an action or proceeding for the  recovery  of
 such  fees  or  by  the filing of a lien upon the building and lot. Such
 methods for the enforcement of the collection of such charges  shall  be
 the sole remedy for the enforcement of this section.
   [e.] F. The division shall maintain at least one office in each county
 which  is  governed  by  the  rent stabilization law of nineteen hundred
 sixty-nine or this act; provided, however, that the division  shall  not
 be  required  to maintain an office in the counties of Nassau, Rockland,
 or Richmond.
   § 3. This act shall take effect immediately.

                                  PART J
 
   Section 1. The labor law is amended by adding a new section  196-b  to
 read as follows:
   §  196-B. SICK LEAVE REQUIREMENTS. 1. EVERY EMPLOYER SHALL BE REQUIRED
 TO PROVIDE ITS EMPLOYEES WITH SICK LEAVE AS FOLLOWS:
   A. FOR EMPLOYERS WITH FOUR OR FEWER EMPLOYEES IN  ANY  CALENDAR  YEAR,
 EACH  EMPLOYEE  SHALL  BE PROVIDED WITH UP TO FORTY HOURS OF UNPAID SICK
 LEAVE IN EACH CALENDAR YEAR; PROVIDED, HOWEVER, AN EMPLOYER THAT EMPLOYS
 FOUR OR FEWER EMPLOYEES IN ANY CALENDAR YEAR AND THAT HAS A  NET  INCOME
 OF  GREATER  THAN  ONE  MILLION  DOLLARS  IN THE PREVIOUS TAX YEAR SHALL
 PROVIDE EACH EMPLOYEE WITH UP TO FORTY HOURS OF PAID SICK LEAVE PURSUANT
 TO THIS SECTION;

 S. 7506--B                         42                         A. 9506--B
 
   B. FOR EMPLOYERS WITH BETWEEN FIVE AND NINETY-NINE  EMPLOYEES  IN  ANY
 CALENDAR YEAR, EACH EMPLOYEE SHALL BE PROVIDED WITH UP TO FORTY HOURS OF
 PAID SICK LEAVE IN EACH CALENDAR YEAR; AND
   C.  FOR  EMPLOYERS  WITH ONE HUNDRED OR MORE EMPLOYEES IN ANY CALENDAR
 YEAR, EACH EMPLOYEE SHALL BE PROVIDED WITH UP TO FIFTY-SIX HOURS OF PAID
 SICK LEAVE EACH CALENDAR YEAR.
   FOR PURPOSES OF DETERMINING THE NUMBER OF EMPLOYEES PURSUANT  TO  THIS
 SUBDIVISION,  A  CALENDAR  YEAR  SHALL MEAN THE TWELVE-MONTH PERIOD FROM
 JANUARY FIRST THROUGH DECEMBER THIRTY-FIRST.  FOR ALL OTHER PURPOSES,  A
 CALENDAR  YEAR  SHALL  EITHER  MEAN THE TWELVE-MONTH PERIOD FROM JANUARY
 FIRST THROUGH  DECEMBER  THIRTY-FIRST,  OR  A  REGULAR  AND  CONSECUTIVE
 TWELVE-MONTH PERIOD, AS DETERMINED BY AN EMPLOYER.
   2.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR PREVENT
 AN EMPLOYER FROM PROVIDING AN AMOUNT OF  SICK  LEAVE,  PAID  OR  UNPAID,
 WHICH  IS  IN EXCESS OF THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF
 THIS SECTION, OR FROM ADOPTING A PAID LEAVE POLICY THAT  PROVIDES  ADDI-
 TIONAL  BENEFITS  TO  EMPLOYEES.  AN  EMPLOYER  MAY ELECT TO PROVIDE ITS
 EMPLOYEES WITH THE TOTAL AMOUNT OF SICK LEAVE REQUIRED  TO  FULFILL  ITS
 OBLIGATIONS PURSUANT TO SUBDIVISION ONE OF THIS SECTION AT THE BEGINNING
 OF  THE  CALENDAR  YEAR,  PROVIDED,  HOWEVER  THAT  NO EMPLOYER SHALL BE
 PERMITTED TO REDUCE OR REVOKE ANY SUCH SICK LEAVE BASED ON THE NUMBER OF
 HOURS ACTUALLY WORKED BY AN EMPLOYEE DURING THE CALENDAR  YEAR  IF  SUCH
 EMPLOYER ELECTS PURSUANT TO THIS SUBDIVISION.
   3.  EMPLOYEES  SHALL  ACCRUE SICK LEAVE AT A RATE OF NOT LESS THAN ONE
 HOUR PER EVERY THIRTY HOURS WORKED, BEGINNING  AT  THE  COMMENCEMENT  OF
 EMPLOYMENT  OR  THE  EFFECTIVE DATE OF THIS SECTION, WHICHEVER IS LATER,
 SUBJECT TO THE USE AND ACCRUAL LIMITATIONS SET FORTH IN THIS SECTION.
   4. A. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND UPON THE
 ORAL OR WRITTEN REQUEST  OF  AN  EMPLOYEE,  AN  EMPLOYER  SHALL  PROVIDE
 ACCRUED SICK LEAVE FOR THE FOLLOWING PURPOSES:
   (I)  FOR  A MENTAL OR PHYSICAL ILLNESS, INJURY, OR HEALTH CONDITION OF
 SUCH EMPLOYEE OR SUCH EMPLOYEE'S FAMILY MEMBER,  REGARDLESS  OF  WHETHER
 SUCH ILLNESS, INJURY, OR HEALTH CONDITION HAS BEEN DIAGNOSED OR REQUIRES
 MEDICAL CARE AT THE TIME THAT SUCH EMPLOYEE REQUESTS SUCH LEAVE;
   (II)  FOR  THE  DIAGNOSIS,  CARE, OR TREATMENT OF A MENTAL OR PHYSICAL
 ILLNESS, INJURY OR HEALTH CONDITION OF, OR NEED  FOR  MEDICAL  DIAGNOSIS
 OF,  OR  PREVENTIVE  CARE  FOR,  SUCH EMPLOYEE OR SUCH EMPLOYEE'S FAMILY
 MEMBER; OR
   (III) FOR AN ABSENCE FROM WORK DUE TO ANY  OF  THE  FOLLOWING  REASONS
 WHEN  THE  EMPLOYEE  OR  EMPLOYEE'S FAMILY MEMBER HAS BEEN THE VICTIM OF
 DOMESTIC VIOLENCE PURSUANT TO SUBDIVISION  THIRTY-FOUR  OF  SECTION  TWO
 HUNDRED  NINETY-TWO  OF  THE  EXECUTIVE  LAW,  A  FAMILY OFFENSE, SEXUAL
 OFFENSE, STALKING, OR HUMAN TRAFFICKING:
   (A) TO OBTAIN SERVICES FROM A DOMESTIC VIOLENCE SHELTER,  RAPE  CRISIS
 CENTER, OR OTHER SERVICES PROGRAM;
   (B)  TO  PARTICIPATE  IN  SAFETY  PLANNING, TEMPORARILY OR PERMANENTLY
 RELOCATE, OR TAKE OTHER ACTIONS TO INCREASE THE SAFETY OF  THE  EMPLOYEE
 OR EMPLOYEE'S FAMILY MEMBERS;
   (C)  TO  MEET  WITH  AN  ATTORNEY OR OTHER SOCIAL SERVICES PROVIDER TO
 OBTAIN INFORMATION AND ADVICE ON, AND PREPARE FOR OR PARTICIPATE IN  ANY
 CRIMINAL OR CIVIL PROCEEDING;
   (D)  TO FILE A COMPLAINT OR DOMESTIC INCIDENT REPORT WITH LAW ENFORCE-
 MENT;
   (E) TO MEET WITH A DISTRICT ATTORNEY'S OFFICE;
   (F) TO ENROLL CHILDREN IN A NEW SCHOOL; OR

 S. 7506--B                         43                         A. 9506--B
 
   (G) TO TAKE ANY OTHER ACTIONS NECESSARY TO ENSURE THE HEALTH OR SAFETY
 OF THE EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER OR TO PROTECT THOSE  WHO
 ASSOCIATE OR WORK WITH THE EMPLOYEE.
   FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE  REASONS  OUTLINED ABOVE IN
 SUBPARAGRAPH (A) THROUGH (G) MUST BE RELATED TO THE  DOMESTIC  VIOLENCE,
 FAMILY OFFENSE, SEXUAL OFFENSE, STALKING, OR HUMAN TRAFFICKING. PROVIDED
 FURTHER  THAT  A PERSON WHO HAS COMMITTED SUCH DOMESTIC VIOLENCE, FAMILY
 OFFENSE, SEXUAL OFFENSE, STALKING, OR HUMAN  TRAFFICKING  SHALL  NOT  BE
 ELIGIBLE  FOR  LEAVE  UNDER THIS SUBDIVISION FOR SITUATIONS IN WHICH THE
 PERSON COMMITTED SUCH OFFENSE AND WAS NOT A VICTIM, NOTWITHSTANDING  ANY
 FAMILY RELATIONSHIP.
   B. FOR PURPOSES OF THIS SECTION, "FAMILY MEMBER" SHALL MEAN AN EMPLOY-
 EE'S  CHILD,  SPOUSE,  DOMESTIC  PARTNER, PARENT, SIBLING, GRANDCHILD OR
 GRANDPARENT; AND THE CHILD OR PARENT OF AN EMPLOYEE'S SPOUSE OR DOMESTIC
 PARTNER. "PARENT" SHALL MEAN A BIOLOGICAL,  FOSTER,  STEP-  OR  ADOPTIVE
 PARENT,  OR  A  LEGAL  GUARDIAN OF AN EMPLOYEE, OR A PERSON WHO STOOD IN
 LOCO PARENTIS WHEN THE EMPLOYEE WAS A MINOR CHILD.  "CHILD" SHALL MEAN A
 BIOLOGICAL, ADOPTED OR FOSTER CHILD, A LEGAL WARD,  OR  A  CHILD  OF  AN
 EMPLOYEE STANDING IN LOCO PARENTIS.
   5.  A.  AN  EMPLOYER  MAY  NOT  REQUIRE THE DISCLOSURE OF CONFIDENTIAL
 INFORMATION RELATING TO A MENTAL OR PHYSICAL ILLNESS, INJURY, OR  HEALTH
 CONDITION OF SUCH EMPLOYEE OR SUCH EMPLOYEE'S FAMILY MEMBER, OR INFORMA-
 TION  RELATING  TO  ABSENCE FROM WORK DUE TO DOMESTIC VIOLENCE, A SEXUAL
 OFFENSE, STALKING, OR HUMAN TRAFFICKING, AS  A  CONDITION  OF  PROVIDING
 SICK LEAVE PURSUANT TO THIS SECTION.
   B.  AN  EMPLOYER MAY SET A REASONABLE MINIMUM INCREMENT FOR THE USE OF
 SICK LEAVE WHICH SHALL NOT EXCEED FOUR HOURS.  EMPLOYEES  SHALL  RECEIVE
 COMPENSATION  AT HIS OR HER REGULAR RATE OF PAY, OR THE APPLICABLE MINI-
 MUM WAGE ESTABLISHED PURSUANT TO SECTION SIX HUNDRED FIFTY-TWO  OF  THIS
 CHAPTER, WHICHEVER IS GREATER, FOR THE USE OF PAID SICK LEAVE.
   6.  AN  EMPLOYEE'S  UNUSED  SICK  LEAVE  SHALL  BE CARRIED OVER TO THE
 FOLLOWING CALENDAR YEAR, PROVIDED, HOWEVER, THAT: (I) AN  EMPLOYER  WITH
 FEWER  THAN  ONE  HUNDRED  EMPLOYEES  MAY LIMIT THE USE OF SICK LEAVE TO
 FORTY HOURS PER CALENDAR YEAR; AND (II) AN EMPLOYER WITH ONE HUNDRED  OR
 MORE  EMPLOYEES  MAY  LIMIT THE USE OF SICK LEAVE TO FIFTY-SIX HOURS PER
 CALENDAR YEAR. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE  AN
 EMPLOYER  TO  PAY AN EMPLOYEE FOR UNUSED SICK LEAVE UPON SUCH EMPLOYEE'S
 TERMINATION, RESIGNATION, RETIREMENT, OR OTHER SEPARATION  FROM  EMPLOY-
 MENT.
   7.  NO  EMPLOYER  OR  HIS OR HER AGENT, OR THE OFFICER OR AGENT OF ANY
 CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY  COMPANY,  OR  ANY  OTHER
 PERSON,  SHALL  DISCHARGE,  THREATEN,  PENALIZE,  OR IN ANY OTHER MANNER
 DISCRIMINATE OR RETALIATE AGAINST ANY EMPLOYEE BECAUSE SUCH EMPLOYEE HAS
 EXERCISED HIS OR HER RIGHTS AFFORDED UNDER THIS SECTION, INCLUDING,  BUT
 NOT  LIMITED  TO, REQUESTING SICK LEAVE AND USING SICK LEAVE, CONSISTENT
 WITH THE PROVISIONS OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER.
   8. AN EMPLOYER SHALL NOT BE REQUIRED TO PROVIDE  ANY  ADDITIONAL  SICK
 LEAVE  PURSUANT TO THIS SECTION IF THE EMPLOYER HAS ADOPTED A SICK LEAVE
 POLICY OR TIME OFF POLICY THAT PROVIDES  EMPLOYEES  WITH  AN  AMOUNT  OF
 LEAVE  WHICH  MEETS OR EXCEEDS THE REQUIREMENTS SET FORTH IN SUBDIVISION
 ONE OF THIS SECTION  AND  SATISFIES  THE  ACCRUAL,  CARRYOVER,  AND  USE
 REQUIREMENTS OF THIS SECTION.
   9.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED TO: A. PROHIBIT A
 COLLECTIVE BARGAINING AGREEMENT ENTERED INTO, ON OR AFTER THE  EFFECTIVE
 DATE  OF  THIS  SECTION  FROM, IN LIEU OF THE LEAVE PROVIDED FOR IN THIS
 SECTION, PROVIDING A COMPARABLE BENEFIT FOR  THE  EMPLOYEES  COVERED  BY

 S. 7506--B                         44                         A. 9506--B
 
 SUCH AGREEMENT IN THE FORM OF PAID DAYS OFF; SUCH PAID DAYS OFF SHALL BE
 IN  THE  FORM  OF  LEAVE, COMPENSATION, OTHER EMPLOYEE BENEFITS, OR SOME
 COMBINATION THEREOF; OR
   B. IMPEDE, INFRINGE, OR DIMINISH THE ABILITY OF A CERTIFIED COLLECTIVE
 BARGAINING  AGENT  TO  NEGOTIATE  THE TERMS AND CONDITIONS OF SICK LEAVE
 DIFFERENT FROM THE PROVISIONS OF THIS SECTION.
   PROVIDED, HOWEVER, THAT IN THE CASE OF EITHER PARAGRAPH A OR B OF THIS
 SUBDIVISION, THE AGREEMENT MUST SPECIFICALLY ACKNOWLEDGE THE  PROVISIONS
 OF THIS SECTION.
   10.  UPON  RETURN  TO  WORK FOLLOWING ANY SICK LEAVE TAKEN PURSUANT TO
 THIS SECTION, AN EMPLOYEE SHALL BE RESTORED BY HIS OR  HER  EMPLOYER  TO
 THE POSITION OF EMPLOYMENT HELD BY SUCH EMPLOYEE PRIOR TO ANY SICK LEAVE
 TAKEN  PURSUANT  TO  THIS  SECTION WITH THE SAME PAY AND OTHER TERMS AND
 CONDITIONS OF EMPLOYMENT.
   11. UPON THE ORAL OR WRITTEN REQUEST OF AN EMPLOYEE, AN EMPLOYER SHALL
 PROVIDE A SUMMARY OF THE AMOUNTS OF SICK LEAVE ACCRUED AND USED BY  SUCH
 EMPLOYEE IN THE CURRENT CALENDAR YEAR AND/OR ANY PREVIOUS CALENDAR YEAR.
 THE EMPLOYER SHALL PROVIDE SUCH INFORMATION TO THE EMPLOYEE WITHIN THREE
 BUSINESS DAYS OF SUCH REQUEST.
   12.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A CITY WITH
 A POPULATION OF ONE MILLION OR MORE FROM ENACTING  AND  ENFORCING  LOCAL
 LAWS OR ORDINANCES WHICH MEET OR EXCEED THE STANDARD OR REQUIREMENTS FOR
 MINIMUM  HOUR  AND  USE  SET FORTH IN THIS SECTION, AS DETERMINED BY THE
 COMMISSIONER. ANY PAID SICK LEAVE BENEFITS  PROVIDED  BY  A  SICK  LEAVE
 PROGRAM  ENFORCED  BY A MUNICIPAL CORPORATION IN EFFECT AS OF THE EFFEC-
 TIVE DATE OF THIS SECTION SHALL NOT BE DIMINISHED OR LIMITED AS A RESULT
 OF THE ENACTMENT OF THIS SECTION.
   13. THE COMMISSIONER SHALL HAVE AUTHORITY  TO  ADOPT  REGULATIONS  AND
 ISSUE  GUIDANCE  TO  EFFECTUATE  ANY  OF THE PROVISIONS OF THIS SECTION.
 EMPLOYERS SHALL COMPLY WITH REGULATIONS AND GUIDANCE PROMULGATED BY  THE
 COMMISSIONER  FOR  THIS PURPOSE WHICH MAY INCLUDE BUT ARE NOT LIMITED TO
 STANDARDS FOR THE ACCRUAL, USE, PAYMENT,  AND  EMPLOYEE  ELIGIBILITY  OF
 SICK LEAVE.
   14.  THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH CAMPAIGN
 WHICH SHALL INCLUDE MAKING INFORMATION  AVAILABLE  ON  ITS  WEBSITE  AND
 OTHERWISE  INFORMING  EMPLOYERS  AND EMPLOYEES OF THE PROVISIONS OF THIS
 SECTION.
   § 2. Subdivision 4 of section 195 of the  labor  law,  as  amended  by
 chapter 564 of the laws of 2010, is amended to read as follows:
   4.  establish,  maintain  and  preserve  for  not  less than six years
 contemporaneous, true, and accurate payroll  records  showing  for  each
 week  worked the hours worked; the rate or rates of pay and basis there-
 of, whether paid by the hour, shift, day, week, salary,  piece,  commis-
 sion,  or other; gross wages; deductions; allowances, if any, claimed as
 part of the minimum wage; AMOUNT OF SICK LEAVE PROVIDED TO EACH  EMPLOY-
 EE;  and  net  wages  for each employee.   For all employees who are not
 exempt from overtime compensation as established in  the  commissioner's
 minimum wage orders or otherwise provided by New York state law or regu-
 lation,  the  payroll  records  shall include the regular hourly rate or
 rates of pay, the overtime rate or rates of pay, the number  of  regular
 hours worked, and the number of overtime hours worked. For all employees
 paid  a  piece  rate,  the  payroll records shall include the applicable
 piece rate or rates of pay and number of pieces completed at each  piece
 rate;
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of

 S. 7506--B                         45                         A. 9506--B
 
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided that the department  of  labor  may
 promulgate rules and regulations to effectuate the purposes of this act,
 on or before such effective date.
 
                                  PART K
 
   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  L  of  chapter  56  of  the  laws  of 2019, are amended to read as
 follows:
   (a) in the case of each individual receiving family  care,  an  amount
 equal to at least [$148.00] $150.00 for each month beginning on or after
 January first, two thousand [nineteen] TWENTY.
   (b)  in  the  case  of  each individual receiving residential care, an
 amount equal to at least [$171.00] $174.00 for each month  beginning  on
 or after January first, two thousand [nineteen] TWENTY.
   (c)  in  the  case  of  each individual receiving enhanced residential
 care, an amount equal to at  least  [$204.00]  $207.00  for  each  month
 beginning on or after January first, two thousand [nineteen] TWENTY.
   (d)  for  the  period  commencing January first, two thousand [twenty]
 TWENTY-ONE, the monthly personal needs  allowance  shall  be  an  amount
 equal  to  the sum of the amounts set forth in subparagraphs one and two
 of this paragraph:
   (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
 subdivision; and
   (2)  the  amount  in subparagraph one of this paragraph, multiplied by
 the percentage of any  federal  supplemental  security  income  cost  of
 living adjustment which becomes effective on or after January first, two
 thousand  [twenty] TWENTY-ONE, but prior to June thirtieth, two thousand
 [twenty] TWENTY-ONE, 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
 L of chapter 56 of the laws of 2019, are amended to read as follows:
   (a) On and after January first, two thousand [nineteen] TWENTY, for an
 eligible individual living alone, [$858.00] $870.00; and for an eligible
 couple living alone, [$1,261.00] $1,279.00.
   (b) On and after January first, two thousand [nineteen] TWENTY, for an
 eligible individual living with others with or without  in-kind  income,
 [$794.00] $806.00; and for an eligible couple living with others with or
 without in-kind income, [$1,203.00] $1,221.00.
   (c)  On  and  after January first, two thousand [nineteen] TWENTY, (i)
 for an eligible individual receiving family care, [$1,037.48]  $1,049.48
 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,  [$999.48]

 S. 7506--B                         46                         A. 9506--B
 
 $1,011.48;  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 [nineteen] TWENTY, (i)
 for an  eligible  individual  receiving  residential  care,  [$1,206.00]
 $1,218.00 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, [$1,176.00] $1,188.00; and (iv) for an eligible couple  receiving
 such  care  in  any  other county in the state, two times the amount set
 forth in subparagraph (iii) of this paragraph.
   (e) On and after January first, two thousand  [nineteen]  TWENTY,  (i)
 for   an   eligible  individual  receiving  enhanced  residential  care,
 [$1,465.00]  $1,477.00;  and  (ii)  for  an  eligible  couple  receiving
 enhanced  residential  care,  two times the amount set forth in subpara-
 graph (i) of this paragraph.
   (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
 vision shall be increased to reflect any increases  in  federal  supple-
 mental  security income benefits for individuals or couples which become
 effective on or after January first, two  thousand  [twenty]  TWENTY-ONE
 but prior to June thirtieth, two thousand [twenty] TWENTY-ONE.
   § 3. This act shall take effect December 31, 2020.
 
                                  PART L
 
   Section 1. The family court act is amended by adding a new article 5-C
 to read as follows:
                                ARTICLE 5-C
       JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED
             REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS
 PART 1. GENERAL PROVISIONS (581-101 - 581-102)
      2. JUDGMENT OF PARENTAGE (581-201 - 581-206)
      3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)
      4. SURROGACY AGREEMENT (581-401 - 581-409)
      5. PAYMENT  TO  DONORS  AND PERSONS ACTING AS SURROGATES (581-501 -
           581-502)
      6. SURROGATES' BILL OF RIGHTS (581-601 - 581-607)
      7. MISCELLANEOUS PROVISIONS (581-701 - 581-704)
 
                                  PART 1
                            GENERAL PROVISIONS
 SECTION 581-101. PURPOSE.
         581-102. DEFINITIONS.
   § 581-101. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO  LEGALLY  ESTAB-
 LISH  A  CHILD'S  RELATIONSHIP  TO HIS OR HER PARENTS WHERE THE CHILD IS
 CONCEIVED THROUGH ASSISTED REPRODUCTION EXCEPT FOR CHILDREN  BORN  TO  A
 PERSON  ACTING  AS SURROGATE WHO CONTRIBUTED THE EGG USED IN CONCEPTION.
 THIS ARTICLE AND ALL  GOVERNMENTAL  MEASURES  ADOPTED  PURSUANT  THERETO
 SHOULD  COMPLY  WITH  EXISTING  LAWS  ON  REPRODUCTIVE HEALTH AND BODILY
 INTEGRITY.
   § 581-102. DEFINITIONS.  (A) "ASSISTED REPRODUCTION" MEANS A METHOD OF
 CAUSING PREGNANCY OTHER THAN SEXUAL INTERCOURSE AND INCLUDES BUT IS  NOT
 LIMITED TO:

 S. 7506--B                         47                         A. 9506--B
 
   1. INTRAUTERINE OR VAGINAL INSEMINATION;
   2. DONATION OF GAMETES;
   3. DONATION OF EMBRYOS;
   4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
   5. INTRACYTOPLASMIC SPERM INJECTION.
   (B)  "CHILD" MEANS A BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE MAY BE
 DETERMINED UNDER THIS ACT OR OTHER LAW.
   (C) "COMPENSATION" MEANS PAYMENT  OF  ANY  VALUABLE  CONSIDERATION  IN
 EXCESS OF REASONABLE MEDICAL AND ANCILLARY COSTS.
   (D) "DONOR" MEANS AN INDIVIDUAL WHO DOES NOT INTEND TO BE A PARENT WHO
 PRODUCES  GAMETES  AND  PROVIDES  THEM TO ANOTHER PERSON, OTHER THAN THE
 INDIVIDUAL'S SPOUSE, FOR USE IN ASSISTED REPRODUCTION.   THE  TERM  DOES
 NOT  INCLUDE  A PERSON WHO IS A PARENT UNDER PART THREE OF THIS ARTICLE.
 DONOR ALSO INCLUDES AN INDIVIDUAL WHO HAD DISPOSITIONAL  CONTROL  OF  AN
 EMBRYO  OR GAMETES WHO THEN TRANSFERS DISPOSITIONAL CONTROL AND RELEASES
 ALL PRESENT AND FUTURE PARENTAL AND INHERITANCE RIGHTS  AND  OBLIGATIONS
 TO A RESULTING CHILD.
   (E)  "EMBRYO"  MEANS  A  CELL  OR  GROUP OF CELLS CONTAINING A DIPLOID
 COMPLEMENT OF CHROMOSOMES OR GROUP  OF  SUCH  CELLS,  NOT  A  GAMETE  OR
 GAMETES,  THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN BEING
 IF TRANSFERRED INTO THE BODY OF  A  PERSON  UNDER  CONDITIONS  IN  WHICH
 GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
   (F) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
 ARE  NECESSARY  TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
 CAVITY.
   (G) "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA  THAT
 HAS  THE  POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH ANOTHER GAMETE.
 SPERM AND EGGS SHALL BE CONSIDERED  GAMETES.  A  HUMAN  GAMETE  USED  OR
 INTENDED  FOR  REPRODUCTION  MAY  NOT  CONTAIN NUCLEAR DNA THAT HAS BEEN
 DELIBERATELY ALTERED, OR NUCLEAR DNA FROM ONE HUMAN  COMBINED  WITH  THE
 CYTOPLASM OR CYTOPLASMIC DNA OF ANOTHER HUMAN BEING.
   (H) "INDEPENDENT ESCROW AGENT" MEANS SOMEONE OTHER THAN THE PARTIES TO
 A  SURROGACY  AGREEMENT AND THEIR ATTORNEYS. AN INDEPENDENT ESCROW AGENT
 CAN, BUT NEED NOT, BE  A  SURROGACY  PROGRAM,  PROVIDED  SUCH  SURROGACY
 PROGRAM  IS  OWNED OR MANAGED BY AN ATTORNEY LICENSED TO PRACTICE LAW IN
 THE STATE OF NEW YORK. IF SUCH INDEPENDENT ESCROW AGENT IS NOT  ATTORNEY
 OWNED, IT SHALL BE LICENSED, BONDED AND INSURED.
   (I) "SURROGACY  AGREEMENT"  IS  AN  AGREEMENT  BETWEEN  AT  LEAST  ONE
 INTENDED PARENT AND A PERSON ACTING AS SURROGATE INTENDED TO RESULT IN A
 LIVE  BIRTH  WHERE  THE  CHILD  WILL  BE THE LEGAL CHILD OF THE INTENDED
 PARENTS.
   (J)  "PERSON  ACTING  AS  SURROGATE"  MEANS  AN  ADULT  PERSON, NOT AN
 INTENDED PARENT, WHO ENTERS INTO A SURROGACY AGREEMENT TO BEAR  A  CHILD
 WHO WILL BE THE LEGAL CHILD OF THE INTENDED PARENT OR PARENTS SO LONG AS
 THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO CONCEIVE
 THE RESULTING CHILD.
   (K)  "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR CERTI-
 FIED UNDER TITLE EIGHT OF THE EDUCATION LAW, OR A SIMILAR LAW OF ANOTHER
 STATE OR COUNTRY, ACTING WITHIN HIS OR HER SCOPE OF PRACTICE.
   (L) "INTENDED PARENT" IS AN INDIVIDUAL WHO MANIFESTS THE INTENT TO  BE
 LEGALLY  BOUND  AS THE PARENT OF A CHILD RESULTING FROM ASSISTED REPROD-
 UCTION OR A SURROGACY AGREEMENT PROVIDED HE OR SHE  MEETS  THE  REQUIRE-
 MENTS OF THIS ARTICLE.
   (M)  "IN  VITRO  FERTILIZATION"  MEANS THE FORMATION OF A HUMAN EMBRYO
 OUTSIDE THE HUMAN BODY.

 S. 7506--B                         48                         A. 9506--B
 
   (N) "PARENT" AS USED IN  THIS  ARTICLE  MEANS  AN  INDIVIDUAL  WITH  A
 PARENT-CHILD  RELATIONSHIP CREATED OR RECOGNIZED UNDER THIS ACT OR OTHER
 LAW.
   (O)  "PARTICIPANT" IS AN INDIVIDUAL WHO EITHER: PROVIDES A GAMETE THAT
 IS USED IN ASSISTED REPRODUCTION, IS AN INTENDED  PARENT,  IS  A  PERSON
 ACTING  AS  SURROGATE,  OR IS THE SPOUSE OF AN INTENDED PARENT OR PERSON
 ACTING AS SURROGATE.
   (P) "RECORD" MEANS INFORMATION  INSCRIBED  IN  A  TANGIBLE  MEDIUM  OR
 STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
 BLE FORM.
   (Q)  "RETRIEVAL"  MEANS THE PROCUREMENT OF EGGS OR SPERM FROM A GAMETE
 PROVIDER.
   (R) "SPOUSE" MEANS AN INDIVIDUAL MARRIED TO  ANOTHER,  OR  WHO  HAS  A
 LEGAL  RELATIONSHIP  ENTERED INTO UNDER THE LAWS OF THE UNITED STATES OR
 OF ANY STATE, LOCAL OR  FOREIGN  JURISDICTION,  WHICH  IS  SUBSTANTIALLY
 EQUIVALENT  TO  A MARRIAGE, INCLUDING A CIVIL UNION OR DOMESTIC PARTNER-
 SHIP.
   (S) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
 BIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY  OR
 INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
   (T)  "TRANSFER"  MEANS  THE PLACEMENT OF AN EMBRYO OR GAMETES INTO THE
 BODY OF A PERSON WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.
 
                                  PART 2
                           JUDGMENT OF PARENTAGE
 SECTION 581-201. JUDGMENT OF PARENTAGE.
         581-202. PROCEEDING  FOR  JUDGMENT  OF  PARENTAGE  OF  A   CHILD
                    CONCEIVED THROUGH ASSISTED REPRODUCTION.
         581-203.  PROCEEDING  FOR  JUDGMENT  OF  PARENTAGE  OF  A  CHILD
                    CONCEIVED PURSUANT TO A SURROGACY AGREEMENT.
         581-204. JUDGMENT OF PARENTAGE  FOR  INTENDED  PARENTS  WHO  ARE
                    SPOUSES.
         581-205. INSPECTION OF RECORDS.
         581-206. JURISDICTION, AND EXCLUSIVE CONTINUING JURISDICTION.
   § 581-201. JUDGMENT OF PARENTAGE.  (A) A CIVIL PROCEEDING MAY BE MAIN-
 TAINED  TO  ADJUDICATE  THE PARENTAGE OF A CHILD UNDER THE CIRCUMSTANCES
 SET FORTH IN THIS ARTICLE. THIS PROCEEDING  IS  GOVERNED  BY  THE  CIVIL
 PRACTICE LAW AND RULES.
   (B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
 BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
   (C)  A PETITION FOR A JUDGMENT OF PARENTAGE OR NONPARENTAGE OF A CHILD
 CONCEIVED THROUGH ASSISTED REPRODUCTION MAY BE INITIATED BY (1) A CHILD,
 OR (2) A PARENT, OR (3) A PARTICIPANT, OR (4) A PERSON WITH A  CLAIM  TO
 PARENTAGE,  OR (5) SOCIAL SERVICES OFFICIAL OR OTHER GOVERNMENTAL AGENCY
 AUTHORIZED BY OTHER LAW, OR (6) A REPRESENTATIVE AUTHORIZED  BY  LAW  TO
 ACT  FOR  AN  INDIVIDUAL  WHO  WOULD OTHERWISE BE ENTITLED TO MAINTAIN A
 PROCEEDING BUT WHO IS DECEASED, INCAPACITATED, OR A MINOR, IN  ORDER  TO
 LEGALLY  ESTABLISH  THE CHILD-PARENT RELATIONSHIP OF EITHER A CHILD BORN
 THROUGH ASSISTED REPRODUCTION UNDER PART THREE  OF  THIS  ARTICLE  OR  A
 CHILD  BORN  PURSUANT  TO  A SURROGACY AGREEMENT UNDER PART FOUR OF THIS
 ARTICLE.
   § 581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A  CHILD  CONCEIVED
 THROUGH  ASSISTED  REPRODUCTION.    (A)  A  PROCEEDING FOR A JUDGMENT OF
 PARENTAGE WITH RESPECT TO A CHILD  CONCEIVED  THROUGH  ASSISTED  REPROD-
 UCTION MAY BE COMMENCED:

 S. 7506--B                         49                         A. 9506--B
 
   (1)  IF THE INTENDED PARENT OR CHILD RESIDES IN NEW YORK STATE, IN THE
 COUNTY WHERE THE INTENDED PARENT RESIDES ANY  TIME  AFTER  PREGNANCY  IS
 ACHIEVED OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
   (2)  IF THE INTENDED PARENT AND CHILD DO NOT RESIDE IN NEW YORK STATE,
 UP TO NINETY DAYS AFTER THE BIRTH OF THE CHILD IN THE COUNTY  WHERE  THE
 CHILD WAS BORN.
   (B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED.
   (C)  WHERE  A PETITION INCLUDES THE FOLLOWING TRUTHFUL STATEMENTS, THE
 COURT SHALL ADJUDICATE THE INTENDED PARENT  TO  BE  THE  PARENT  OF  THE
 CHILD:
   (1)  A  STATEMENT  THAT  AN INTENDED PARENT HAS BEEN A RESIDENT OF THE
 STATE FOR AT LEAST SIX MONTHS OR IF AN INTENDED PARENT IS NOT A NEW YORK
 STATE RESIDENT, THAT THE CHILD WILL BE OR WAS BORN IN THE  STATE  WITHIN
 NINETY DAYS OF FILING; AND
   (2)  A STATEMENT FROM THE GESTATING INTENDED PARENT THAT THE GESTATING
 INTENDED PARENT BECAME PREGNANT AS A RESULT  OF  ASSISTED  REPRODUCTION;
 AND
   (3)  IN CASES WHERE THERE IS A NON-GESTATING INTENDED PARENT, A STATE-
 MENT FROM THE  GESTATING  INTENDED  PARENT  AND  NON-GESTATING  INTENDED
 PARENT  THAT  THE  NON-GESTATING  INTENDED  PARENT CONSENTED TO ASSISTED
 REPRODUCTION PURSUANT TO SECTION 581-304 OF THIS ARTICLE; AND
   (4) PROOF OF ANY DONOR'S DONATIVE INTENT.
   (D) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S  DONA-
 TIVE INTENT FOR PURPOSES OF THIS SECTION:
   (1) IN THE CASE OF AN ANONYMOUS DONOR OR WHERE GAMETES OR EMBRYOS HAVE
 PREVIOUSLY  BEEN  RELEASED  TO A GAMETE OR EMBRYO STORAGE FACILITY OR IN
 THE PRESENCE OF A HEALTH CARE PRACTITIONER, EITHER:
   (I) A STATEMENT OR DOCUMENTATION FROM THE  GAMETE  OR  EMBRYO  STORAGE
 FACILITY  OR HEALTH CARE PRACTITIONER STATING OR DEMONSTRATING THAT SUCH
 GAMETES OR EMBRYOS WERE  ANONYMOUSLY  DONATED  OR  HAD  PREVIOUSLY  BEEN
 RELEASED; OR
   (II)  CLEAR  AND  CONVINCING  EVIDENCE THAT THE GAMETE OR EMBRYO DONOR
 INTENDED TO DONATE GAMETES OR EMBRYOS ANONYMOUSLY OR INTENDED TO RELEASE
 SUCH GAMETES OR EMBRYOS TO A GAMETE OR EMBRYO STORAGE FACILITY OR HEALTH
 CARE PRACTITIONER; OR
   (2) IN THE CASE OF A DONATION FROM A KNOWN DONOR, EITHER: A.  A RECORD
 FROM THE GAMETE OR EMBRYO DONOR ACKNOWLEDGING THE DONATION AND  CONFIRM-
 ING  THAT  THE  DONOR  HAS  NO  PARENTAL  OR PROPRIETARY INTEREST IN THE
 GAMETES OR EMBRYOS.   THE  RECORD  SHALL  BE  SIGNED  BY  THE  GESTATING
 INTENDED  PARENT  AND THE GAMETE OR EMBRYO DONOR. THE RECORD MAY BE, BUT
 IS NOT REQUIRED TO BE, SIGNED:
   (I) BEFORE A NOTARY PUBLIC, OR
   (II) BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
   (III) BEFORE A HEALTH CARE PRACTITIONER; OR
   B. CLEAR AND CONVINCING EVIDENCE  THAT  THE  GAMETE  OR  EMBRYO  DONOR
 AGREED,  PRIOR  TO  CONCEPTION, WITH THE GESTATING PARENT THAT THE DONOR
 HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS.
   (E)(1) IN THE ABSENCE OF EVIDENCE PURSUANT TO PARAGRAPH  TWO  OF  THIS
 SUBDIVISION,  NOTICE  SHALL  BE  GIVEN TO THE DONOR AT LEAST TWENTY DAYS
 PRIOR TO THE DATE SET FOR THE PROCEEDING TO DETERMINE THE  EXISTENCE  OF
 DONATIVE  INTENT BY DELIVERY OF A COPY OF THE PETITION AND NOTICE PURSU-
 ANT TO SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND  RULES.
 UPON A SHOWING TO THE COURT, BY AFFIDAVIT OR OTHERWISE, ON OR BEFORE THE
 DATE  OF  THE  PROCEEDING  OR  WITHIN SUCH FURTHER TIME AS THE COURT MAY
 ALLOW, THAT PERSONAL SERVICE CANNOT BE  EFFECTED  AT  THE  DONOR'S  LAST
 KNOWN ADDRESS WITH REASONABLE EFFORT, NOTICE MAY BE GIVEN, WITHOUT PRIOR

 S. 7506--B                         50                         A. 9506--B
 
 COURT  ORDER  THEREFORE, AT LEAST TWENTY DAYS PRIOR TO THE PROCEEDING BY
 REGISTERED OR CERTIFIED MAIL DIRECTED TO THE DONOR'S LAST KNOWN ADDRESS.
 NOTICE BY PUBLICATION SHALL NOT BE REQUIRED TO BE GIVEN TO A DONOR ENTI-
 TLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
   (2)  NOTWITHSTANDING  THE  ABOVE,  WHERE  SPERM  IS PROVIDED UNDER THE
 SUPERVISION OF A HEALTH CARE PRACTITIONER  TO  SOMEONE  OTHER  THAN  THE
 SPERM  PROVIDER'S  INTIMATE  PARTNER  OR  SPOUSE WITHOUT A RECORD OF THE
 SPERM PROVIDER'S INTENT TO PARENT NOTICE IS NOT REQUIRED.
   (F) IN CASES NOT COVERED BY SUBDIVISION (C) OF THIS SECTION, THE COURT
 SHALL ADJUDICATE THE PARENTAGE OF THE CHILD CONSISTENT WITH  PART  THREE
 OF THIS ARTICLE.
   (G)  WHERE THE REQUIREMENTS OF SUBDIVISION (C) OF THIS SECTION ARE MET
 OR WHERE THE COURT FINDS THE INTENDED PARENT TO BE A PARENT UNDER SUBDI-
 VISION (E) OF THIS SECTION, THE COURT SHALL ISSUE A JUDGMENT OF  PARENT-
 AGE:
   (1)  DECLARING,  THAT UPON THE BIRTH OF THE CHILD, THE INTENDED PARENT
 OR PARENTS IS OR ARE THE LEGAL PARENT OR PARENTS OF THE CHILD; AND
   (2) ORDERING THE INTENDED PARENT OR PARENTS TO  ASSUME  RESPONSIBILITY
 FOR  THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
 OF THE CHILD; AND
   (3) IF THERE IS A DONOR, ORDERING THAT THE DONOR IS NOT  A  PARENT  OF
 THE CHILD; AND
   (4) ORDERING THAT:
   (I)  PURSUANT  TO SECTION TWO HUNDRED FIFTY-FOUR OF THE JUDICIARY LAW,
 THE CLERK OF THE COURT SHALL  TRANSMIT  TO  THE  STATE  COMMISSIONER  OF
 HEALTH,  OR  FOR  A PERSON BORN IN NEW YORK CITY, TO THE COMMISSIONER OF
 HEALTH OF THE CITY OF NEW YORK, ON A FORM PRESCRIBED BY THE  COMMISSION-
 ER,  A WRITTEN NOTIFICATION OF SUCH ENTRY TOGETHER WITH SUCH OTHER FACTS
 AS MAY ASSIST IN IDENTIFYING  THE  BIRTH  RECORD  OF  THE  PERSON  WHOSE
 PARENTAGE  WAS  IN  ISSUE  AND,  IF SUCH PERSON WHOSE PARENTAGE HAS BEEN
 DETERMINED IS UNDER EIGHTEEN YEARS OF AGE, THE CLERK SHALL ALSO TRANSMIT
 FORTHWITH TO THE REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL  SERVICES
 PURSUANT  TO  SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL SERVICES
 LAW A NOTIFICATION OF SUCH DETERMINATION; AND
   (II) PURSUANT TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT OF THE  PUBLIC
 HEALTH  LAW  AND NYC PUBLIC HEALTH CODE SECTION 207.05 THAT UPON RECEIPT
 OF A JUDGMENT OF PARENTAGE THE LOCAL REGISTRAR WHERE  A  CHILD  IS  BORN
 WILL  REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
 HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH  CERTIF-
 ICATE HAS ALREADY BEEN ISSUED, THE APPROPRIATE DEPARTMENT OF HEALTH WILL
 AMEND  THE  BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND SEAL THE PREVI-
 OUSLY ISSUED BIRTH CERTIFICATE EXCEPT THAT IT MAY BE RENDERED ACCESSIBLE
 TO THE CHILD AT EIGHTEEN YEARS OF AGE OR THE LEGAL PARENT OR PARENTS.
   § 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A  CHILD  CONCEIVED
 PURSUANT  TO A SURROGACY AGREEMENT.  (A) THE PROCEEDING MAY BE COMMENCED
 (1) IN ANY COUNTY WHERE AN INTENDED PARENT RESIDED ANY  TIME  AFTER  THE
 SURROGACY  AGREEMENT WAS EXECUTED; (2) IN THE COUNTY WHERE THE CHILD WAS
 BORN OR RESIDES; OR (3) IN THE COUNTY WHERE THE  SURROGATE  RESIDED  ANY
 TIME AFTER THE SURROGACY AGREEMENT WAS EXECUTED.
   (B)  THE  PROCEEDING  MAY BE COMMENCED AT ANY TIME AFTER THE SURROGACY
 AGREEMENT HAS BEEN EXECUTED AND THE PERSON ACTING AS SURROGATE  AND  ALL
 INTENDED PARENTS ARE NECESSARY PARTIES.
   (C)  THE  PETITION  FOR  A  JUDGMENT OF PARENTAGE MUST BE VERIFIED AND
 INCLUDE THE FOLLOWING:

 S. 7506--B                         51                         A. 9506--B
 
   (1) A STATEMENT THAT THE PERSON ACTING AS SURROGATE OR AT LEAST ONE OF
 THE INTENDED PARENTS HAS BEEN A RESIDENT OF THE STATE FOR AT  LEAST  SIX
 MONTHS AT THE TIME THE SURROGACY AGREEMENT WAS EXECUTED; AND
   (2) A CERTIFICATION FROM THE ATTORNEY REPRESENTING THE INTENDED PARENT
 OR  PARENTS AND THE ATTORNEY REPRESENTING THE PERSON ACTING AS SURROGATE
 THAT THE REQUIREMENTS OF PART FOUR OF THIS ARTICLE HAVE BEEN MET; AND
   (3) A STATEMENT FROM ALL PARTIES TO THE SURROGACY AGREEMENT THAT  THEY
 KNOWINGLY  AND VOLUNTARILY ENTERED INTO THE SURROGACY AGREEMENT AND THAT
 THE PARTIES ARE JOINTLY REQUESTING THE JUDGMENT OF PARENTAGE.
   (D) WHERE THE COURT FINDS THE STATEMENTS REQUIRED BY  SUBDIVISION  (C)
 OF  THIS SECTION TO BE TRUE, THE COURT SHALL ISSUE A JUDGMENT OF PARENT-
 AGE, WITHOUT ADDITIONAL PROCEEDINGS OR DOCUMENTATION:
   (1) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING  THE  TERM
 OF  THE SURROGACY AGREEMENT, THE INTENDED PARENT OR PARENTS ARE THE ONLY
 LEGAL PARENT OR PARENTS OF THE CHILD;
   (2) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING  THE  TERM
 OF  THE  SURROGACY  AGREEMENT,  THE  PERSON ACTING AS SURROGATE, AND THE
 SPOUSE OF THE PERSON ACTING AS SURROGATE,  IF  ANY,  IS  NOT  THE  LEGAL
 PARENT OF THE CHILD;
   (3) DECLARING THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM OF
 THE  SURROGACY AGREEMENT, THE DONORS, IF ANY, ARE NOT THE PARENTS OF THE
 CHILD;
   (4) ORDERING THE PERSON ACTING AS SURROGATE  AND  THE  SPOUSE  OF  THE
 PERSON  ACTING  AS  SURROGATE,  IF  ANY,  TO  TRANSFER  THE CHILD TO THE
 INTENDED PARENT OR PARENTS IF THIS HAS NOT ALREADY OCCURRED;
   (5) ORDERING THE INTENDED PARENT OR PARENTS TO  ASSUME  RESPONSIBILITY
 FOR  THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
 OF THE CHILD; AND
   (6) ORDERING THAT:
   (I) PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE  JUDICIARY  LAW,
 THE  CLERK  OF  THE  COURT  SHALL  TRANSMIT TO THE STATE COMMISSIONER OF
 HEALTH, OR FOR A PERSON BORN IN NEW YORK CITY, TO  THE  COMMISSIONER  OF
 HEALTH  OF THE CITY OF NEW YORK, ON A FORM PRESCRIBED BY THE COMMISSION-
 ER, A WRITTEN NOTIFICATION OF SUCH ENTRY TOGETHER WITH SUCH OTHER  FACTS
 AS  MAY  ASSIST  IN  IDENTIFYING  THE  BIRTH  RECORD OF THE PERSON WHOSE
 PARENTAGE WAS IN ISSUE AND, IF  THE  PERSON  WHOSE  PARENTAGE  HAS  BEEN
 DETERMINED IS UNDER EIGHTEEN YEARS OF AGE, THE CLERK SHALL ALSO TRANSMIT
 TO  THE  REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL SERVICES PURSUANT
 TO SECTION THREE HUNDRED SEVENTY-TWO-C OF  THE  SOCIAL  SERVICES  LAW  A
 NOTIFICATION OF THE DETERMINATION; AND
   (II)  PURSUANT TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT OF THE PUBLIC
 HEALTH LAW AND NYC PUBLIC HEALTH CODE SECTION 207.05 THAT  UPON  RECEIPT
 OF  A  JUDGEMENT  OF PARENTAGE THE LOCAL REGISTRAR WHERE A CHILD IS BORN
 WILL REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT  OF
 HEALTH  IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
 ICATE HAS ALREADY BEEN ISSUED, THE APPROPRIATE DEPARTMENT OF HEALTH WILL
 AMEND THE BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND SEAL  THE  PREVI-
 OUSLY ISSUED BIRTH CERTIFICATE EXCEPT THAT IT MAY BE RENDERED ACCESSIBLE
 TO THE CHILD AT EIGHTEEN YEARS OF AGE OR THE LEGAL PARENT OR PARENTS.
   (E) IN THE EVENT THE CERTIFICATION REQUIRED BY PARAGRAPH TWO OF SUBDI-
 VISION  (C)  OF  THIS  SECTION  CANNOT BE MADE BECAUSE OF A TECHNICAL OR
 NON-MATERIAL DEVIATION FROM THE REQUIREMENTS OF THIS ARTICLE; THE  COURT
 MAY NEVERTHELESS ENFORCE THE AGREEMENT AND ISSUE A JUDGMENT OF PARENTAGE
 IF  THE COURT DETERMINES THE AGREEMENT IS IN SUBSTANTIAL COMPLIANCE WITH
 THE REQUIREMENTS OF THIS ARTICLE.  IN THE EVENT THAT ANY OTHER  REQUIRE-

 S. 7506--B                         52                         A. 9506--B
 
 MENTS  OF  SUBDIVISION  (C) OF THIS SECTION ARE NOT MET, THE COURT SHALL
 DETERMINE PARENTAGE ACCORDING TO PART FOUR OF THIS ARTICLE.
   § 581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE SPOUSES.
 NOTWITHSTANDING  OR WITHOUT LIMITATION ON PRESUMPTIONS OF PARENTAGE THAT
 APPLY, A JUDGMENT OF PARENTAGE  MAY  BE  OBTAINED  UNDER  THIS  PART  BY
 INTENDED  PARENTS  WHO ARE EACH OTHER'S SPOUSE.  NOTHING IN THIS SECTION
 REQUIRES INTENDED PARENTS TO BE MARRIED TO EACH OTHER  IN  ORDER  TO  BE
 JOINTLY DECLARED THE PARENTS OF THE CHILD.
   §   581-205.   INSPECTION   OF  RECORDS.  COURT  RECORDS  RELATING  TO
 PROCEEDINGS UNDER THIS ARTICLE SHALL BE SEALED, PROVIDED, HOWEVER,  THAT
 THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, A CHILD SUPPORT UNIT
 OF A SOCIAL SERVICES DISTRICT OR A CHILD SUPPORT AGENCY OF ANOTHER STATE
 PROVIDING CHILD SUPPORT SERVICES PURSUANT TO TITLE IV-D OF  THE  FEDERAL
 SOCIAL SECURITY ACT, WHEN A PARTY TO A RELATED SUPPORT PROCEEDING AND TO
 THE EXTENT NECESSARY TO PROVIDE CHILD SUPPORT SERVICES OR FOR THE ADMIN-
 ISTRATION  OF  THE  PROGRAM PURSUANT TO TITLE IV-D OF THE FEDERAL SOCIAL
 SECURITY ACT, MAY OBTAIN A COPY OF A JUDGMENT OF PARENTAGE. THE  PARTIES
 TO  THE  PROCEEDING  AND THE CHILD SHALL HAVE THE  RIGHT  TO INSPECT AND
 MAKE COPIES OF THE  ENTIRE COURT RECORD, INCLUDING,   BUT NOT    LIMITED
 TO, THE NAME OF THE PERSON ACTING AS SURROGATE AND ANY KNOWN DONORS.
   §  581-206.  JURISDICTION,  AND EXCLUSIVE CONTINUING JURISDICTION. (A)
 PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE INSTITUTED IN THE SUPREME OR
 FAMILY COURT OR SURROGATES COURT.
   (B) SUBJECT TO THE JURISDICTIONAL STANDARDS OF SECTION SEVENTY-SIX  OF
 THE DOMESTIC RELATIONS LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS
 ARTICLE  HAS  EXCLUSIVE, CONTINUING JURISDICTION OF ALL MATTERS RELATING
 TO THE DETERMINATION OF PARENTAGE UNTIL THE CHILD ATTAINS THE AGE OF ONE
 HUNDRED EIGHTY DAYS.
 
                                  PART 3
                      CHILD OF ASSISTED REPRODUCTION
 SECTION 581-301. SCOPE OF ARTICLE.
         581-302. STATUS OF DONOR.
         581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
         581-304. CONSENT TO ASSISTED REPRODUCTION.
         581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
                    ASSISTED REPRODUCTION.
         581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
                    PARENTS WHICH TRANSFERS  LEGAL  RIGHTS  AND  DISPOSI-
                    TIONAL CONTROL TO ONE INTENDED PARENT.
         581-307. EFFECT OF DEATH OF INTENDED PARENT.
   § 581-301. SCOPE OF ARTICLE.  THIS ARTICLE DOES NOT APPLY TO THE BIRTH
 OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
   §  581-302.  STATUS  OF  DONOR.    A  DONOR IS NOT A PARENT OF A CHILD
 CONCEIVED BY MEANS OF ASSISTED REPRODUCTION  WHERE  THERE  IS  PROOF  OF
 DONATIVE  INTENT  UNDER SUBDIVISION (D) OF SECTION 581-202 OF THIS ARTI-
 CLE.
   § 581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.  (A) AN  INDI-
 VIDUAL  WHO  PROVIDES  GAMETES FOR, OR WHO CONSENTS TO, ASSISTED REPROD-
 UCTION WITH THE INTENT TO BE A PARENT OF THE CHILD WITH THE  CONSENT  OF
 THE  GESTATING  PARENT AS PROVIDED IN SECTION 581-304 OF THIS PART, IS A
 PARENT OF THE RESULTING CHILD FOR ALL LEGAL PURPOSES.
   (B) THE COURT SHALL ISSUE A JUDGMENT OF  PARENTAGE  PURSUANT  TO  THIS
 ARTICLE UPON APPLICATION BY ANY PARTICIPANT.
   §  581-304.  CONSENT TO ASSISTED REPRODUCTION.  (A) WHERE THE INTENDED
 PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPRODUCTION IS A

 S. 7506--B                         53                         A. 9506--B
 
 SPOUSE, THE CONSENT OF BOTH SPOUSES  TO  THE  ASSISTED  REPRODUCTION  IS
 PRESUMED  AND  NEITHER  SPOUSE MAY CHALLENGE THE PARENTAGE OF THE CHILD,
 EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
   (B)  WHERE  THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF
 ASSISTED REPRODUCTION IS NOT A  SPOUSE,  THE  CONSENT  TO  THE  ASSISTED
 REPRODUCTION  MUST  BE  IN  A RECORD IN SUCH A MANNER AS TO INDICATE THE
 MUTUAL AGREEMENT OF THE INTENDED PARENTS TO CONCEIVE AND PARENT A  CHILD
 TOGETHER.
   (C)  THE  ABSENCE  OF  A  RECORD  DESCRIBED IN SUBDIVISION (B) OF THIS
 SECTION SHALL NOT PRECLUDE A FINDING THAT SUCH CONSENT  EXISTED  IF  THE
 COURT  FINDS  BY  CLEAR  AND CONVINCING EVIDENCE THAT AT THE TIME OF THE
 ASSISTED REPRODUCTION THE INTENDED PARENTS AGREED TO CONCEIVE AND PARENT
 THE CHILD TOGETHER.
   § 581-305. LIMITATION ON SPOUSES' DISPUTE OF  PARENTAGE  OF  CHILD  OF
 ASSISTED  REPRODUCTION.    (A)  NEITHER SPOUSE MAY CHALLENGE THE MARITAL
 PRESUMPTION OF PARENTAGE OF A CHILD  CREATED  BY  ASSISTED  REPRODUCTION
 DURING  THE  MARRIAGE  UNLESS  THE  COURT  FINDS BY CLEAR AND CONVINCING
 EVIDENCE THAT ONE SPOUSE USED ASSISTED REPRODUCTION  WITHOUT  THE  KNOW-
 LEDGE AND CONSENT OF THE OTHER SPOUSE.
   (B)  NOTWITHSTANDING  THE  FOREGOING,  A  MARRIED  INDIVIDUAL  MAY USE
 ASSISTED REPRODUCTION AND THE MARITAL PRESUMPTION SHALL NOT APPLY IF THE
 SPOUSES:
   (1) ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT  OF
 SEPARATION  OR  PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION SUBSCRIBED
 BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE  FORM  REQUIRED
 TO ENTITLE A DEED TO BE RECORDED; OR
   (2) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS PRIOR
 TO THE USE OF ASSISTED REPRODUCTION.
   (C)  THE  LIMITATION  PROVIDED  IN  THIS  SECTION APPLIES TO A SPOUSAL
 RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED  REPRODUCTION
 OR ARTIFICIAL INSEMINATION.
   §  581-306.  EFFECT  OF  EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
 PARENTS WHICH TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL  CONTROL  TO  ONE
 INTENDED  PARENT.  (A)  AN EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
 PARENTS WITH JOINT DISPOSITIONAL CONTROL OF AN EMBRYO SHALL  BE  BINDING
 UNDER THE FOLLOWING CIRCUMSTANCES:
   (1) IT IS IN WRITING;
   (2)  EACH  INTENDED PARENT HAD THE ADVICE OF INDEPENDENT LEGAL COUNSEL
 PRIOR TO ITS EXECUTION, WHICH MAY BE PAID FOR BY EITHER INTENDED PARENT;
 AND
   (3) WHERE THE INTENDED PARENTS ARE MARRIED, TRANSFER OF  LEGAL  RIGHTS
 AND DISPOSITIONAL CONTROL OCCURS ONLY UPON DIVORCE.
   (B)  THE  INTENDED PARENT WHO TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL
 CONTROL OF THE EMBRYO IS NOT A PARENT OF ANY CHILD  CONCEIVED  FROM  THE
 EMBRYO  UNLESS  THE  AGREEMENT  STATES  THAT  HE OR SHE CONSENTS TO BE A
 PARENT AND THAT CONSENT IS NOT WITHDRAWN CONSISTENT WITH SUBDIVISION (C)
 OF THIS SECTION.
   (C) IF THE INTENDED PARENT TRANSFERRING LEGAL RIGHTS AND DISPOSITIONAL
 CONTROL CONSENTS TO BE A PARENT, HE OR  SHE  MAY  WITHDRAW  HIS  OR  HER
 CONSENT TO BE A PARENT UPON WRITTEN NOTICE TO THE EMBRYO STORAGE FACILI-
 TY  AND TO THE OTHER INTENDED PARENT PRIOR TO TRANSFER OF THE EMBRYO. IF
 HE OR SHE TIMELY WITHDRAWS CONSENT TO BE A PARENT HE OR  SHE  IS  NOT  A
 PARENT  FOR  ANY  PURPOSE  INCLUDING  SUPPORT OBLIGATIONS BUT THE EMBRYO
 TRANSFER MAY STILL PROCEED.
   (D) AN EMBRYO DISPOSITION AGREEMENT OR ADVANCE DIRECTIVE THAT  IS  NOT
 IN COMPLIANCE WITH SUBDIVISION (A) OF THIS SECTION MAY STILL BE FOUND TO

 S. 7506--B                         54                         A. 9506--B
 
 BE  ENFORCEABLE BY THE COURT AFTER BALANCING THE RESPECTIVE INTERESTS OF
 THE PARTIES EXCEPT THAT THE INTENDED PARENT WHO DIVESTED HIM OR  HERSELF
 OF  LEGAL  RIGHTS  AND DISPOSITIONAL CONTROL MAY NOT BE DECLARED TO BE A
 PARENT  FOR  ANY  PURPOSE WITHOUT HIS OR HER CONSENT. THE PARENT AWARDED
 LEGAL RIGHTS AND DISPOSITIONAL CONTROL OF THE  EMBRYOS  SHALL,  IN  THIS
 INSTANCE, BE DECLARED TO BE THE ONLY PARENT OF THE CHILD.
   §  581-307.  EFFECT OF DEATH OF INTENDED PARENT.  IF AN INDIVIDUAL WHO
 CONSENTED IN A RECORD TO BE  A  PARENT  BY  ASSISTED  REPRODUCTION  DIES
 BEFORE  THE TRANSFER OF EGGS, SPERM, OR EMBRYOS, THE DECEASED INDIVIDUAL
 IS NOT A PARENT OF THE RESULTING CHILD UNLESS  THE  DECEASED  INDIVIDUAL
 CONSENTED IN A SIGNED RECORD THAT IF ASSISTED REPRODUCTION WERE TO OCCUR
 AFTER  DEATH,  THE  DECEASED  INDIVIDUAL WOULD BE A PARENT OF THE CHILD,
 PROVIDED THAT THE RECORD COMPLIES WITH THE ESTATES,  POWERS  AND  TRUSTS
 LAW.  ANY RIGHTS OF THE CHILD BORN AFTER THE DEATH OF AN INTENDED PARENT
 MAY  BE ENFORCED BY A GOVERNMENT AGENCY AUTHORIZED BY LAW, INCLUDING BUT
 NOT LIMITED TO A DEPARTMENT OF SOCIAL SERVICES.
                                  PART 4
                            SURROGACY AGREEMENT
 SECTION 581-401. SURROGACY AGREEMENT AUTHORIZED.
         581-402. ELIGIBILITY TO ENTER SURROGACY AGREEMENT.
         581-403. REQUIREMENTS OF SURROGACY AGREEMENT.
         581-404. SURROGACY  AGREEMENT:  EFFECT  OF  SUBSEQUENT   SPOUSAL
                    RELATIONSHIP.
         581-405. TERMINATION OF SURROGACY AGREEMENT.
         581-406. PARENTAGE UNDER COMPLIANT SURROGACY AGREEMENT.
         581-407. INSUFFICIENT SURROGACY AGREEMENT.
         581-408. ABSENCE OF SURROGACY AGREEMENT.
         581-409. DISPUTE AS TO SURROGACY AGREEMENT.
   § 581-401. SURROGACY AGREEMENT AUTHORIZED.  (A) IF ELIGIBLE UNDER THIS
 ARTICLE  TO  ENTER INTO A SURROGACY AGREEMENT, A PERSON ACTING AS SURRO-
 GATE, THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF  APPLICABLE,  AND
 THE  INTENDED  PARENT  OR  PARENTS  MAY ENTER INTO A SURROGACY AGREEMENT
 WHICH WILL BE ENFORCEABLE PROVIDED THE  SURROGACY  AGREEMENT  MEETS  THE
 REQUIREMENTS OF THIS ARTICLE.
   (B)  A  SURROGACY  AGREEMENT  SHALL  NOT APPLY TO THE BIRTH OF A CHILD
 CONCEIVED BY MEANS OF SEXUAL INTERCOURSE, OR WHERE THE PERSON ACTING  AS
 SURROGATE CONTRIBUTED THE EGG USED IN CONCEPTION.
   (C)  A  SURROGACY  AGREEMENT  MAY  PROVIDE FOR PAYMENT OF COMPENSATION
 UNDER PART FIVE OF THIS ARTICLE.
   § 581-402. ELIGIBILITY TO ENTER SURROGACY AGREEMENT.    (A)  A  PERSON
 ACTING  AS  SURROGATE  SHALL  BE  ELIGIBLE  TO ENTER INTO AN ENFORCEABLE
 SURROGACY AGREEMENT UNDER THIS ARTICLE IF THE PERSON ACTING AS SURROGATE
 HAS MET THE FOLLOWING REQUIREMENTS AT THE TIME THE  SURROGACY  AGREEMENT
 IS EXECUTED:
   (1)  THE  PERSON  ACTING  AS SURROGATE IS AT LEAST TWENTY-ONE YEARS OF
 AGE;
   (2) THE PERSON ACTING AS SURROGATE IS A UNITED  STATES  CITIZEN  OR  A
 LAWFUL PERMANENT RESIDENT AND, WHERE AT LEAST ONE INTENDED PARENT IS NOT
 A  RESIDENT OF NEW YORK STATE FOR SIX MONTHS, WAS A RESIDENT OF NEW YORK
 STATE FOR AT LEAST SIX MONTHS;
   (3) THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE  EGG  USED  TO
 CONCEIVE THE RESULTING CHILD;
   (4)  THE PERSON ACTING AS SURROGATE HAS COMPLETED A MEDICAL EVALUATION
 WITH A HEALTH CARE PRACTITIONER RELATING TO THE  ANTICIPATED  PREGNANCY.
 SUCH MEDICAL EVALUATION SHALL INCLUDE A SCREENING OF THE MEDICAL HISTORY

 S. 7506--B                         55                         A. 9506--B
 
 OF  THE  POTENTIAL  SURROGATE INCLUDING KNOWN HEALTH CONDITIONS THAT MAY
 POSE RISKS TO THE POTENTIAL SURROGATE OR EMBRYO DURING PREGNANCY;
   (5)  THE PERSON ACTING AS SURROGATE HAS GIVEN INFORMED CONSENT FOR THE
 SURROGACY AFTER THE LICENSED HEALTH CARE PRACTITIONER INFORM THEM OF THE
 MEDICAL RISKS OF SURROGACY INCLUDING THE POSSIBILITY OF MULTIPLE BIRTHS,
 RISK OF MEDICATIONS TAKEN FOR THE SURROGACY, RISK OF  PREGNANCY  COMPLI-
 CATIONS,  PSYCHOLOGICAL  AND  PSYCHOSOCIAL  RISKS,  AND IMPACTS ON THEIR
 PERSONAL LIVES;
   (6) THE PERSON ACTING AS SURROGATE,  AND  THE  SPOUSE  OF  THE  PERSON
 ACTING AS SURROGATE, IF APPLICABLE, HAVE BEEN REPRESENTED THROUGHOUT THE
 CONTRACTUAL  PROCESS  AND THE DURATION OF THE CONTRACT AND ITS EXECUTION
 BY INDEPENDENT LEGAL COUNSEL OF THEIR OWN CHOOSING WHO  IS  LICENSED  TO
 PRACTICE  LAW  IN  THE  STATE OF NEW YORK WHICH SHALL BE PAID FOR BY THE
 INTENDED PARENT OR PARENTS EXCEPT THAT A PERSON ACTING AS SURROGATE  WHO
 IS  RECEIVING  NO  COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED
 PARENT OR PARENTS PAY THE FEE FOR SUCH LEGAL COUNSEL. WHERE THE INTENDED
 PARENT OR PARENTS ARE PAYING FOR THE INDEPENDENT LEGAL  COUNSEL  OF  THE
 PERSON  ACTING  AS  SURROGATE,  AND  THE  SPOUSE OF THE PERSON ACTING AS
 SURROGATE,  IF  APPLICABLE,  A  SEPARATE  RETAINER  AGREEMENT  SHALL  BE
 PREPARED CLEARLY STATING THAT SUCH LEGAL COUNSEL WILL ONLY REPRESENT THE
 PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING AS SURRO-
 GATE,  IF  APPLICABLE, IN ALL MATTERS PERTAINING TO THE SURROGACY AGREE-
 MENT, THAT SUCH LEGAL COUNSEL WILL NOT OFFER LEGAL ADVICE TO  ANY  OTHER
 PARTIES  TO  THE  SURROGACY  AGREEMENT,  AND  THAT  THE  ATTORNEY-CLIENT
 RELATIONSHIP LIES WITH THE PERSON ACTING AS SURROGATE AND THE SPOUSE  OF
 THE PERSON ACTING AS SURROGATE, IF APPLICABLE;
   (7)  THE  PERSON  ACTING  AS  SURROGATE HAS OR THE SURROGACY AGREEMENT
 STIPULATES THAT THE PERSON ACTING AS SURROGATE WILL OBTAIN A  COMPREHEN-
 SIVE HEALTH INSURANCE POLICY THAT TAKES EFFECT PRIOR TO TAKING ANY MEDI-
 CATION  OR  COMMENCING  TREATMENT TO FURTHER EMBRYO TRANSFER THAT COVERS
 PRECONCEPTION CARE, PRENATAL CARE, MAJOR MEDICAL TREATMENTS,  HOSPITALI-
 ZATION,  AND  BEHAVIORAL HEALTH CARE, AND THE COMPREHENSIVE POLICY HAS A
 TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY  AND
 FOR  TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCAR-
 RIAGE RESULTING IN TERMINATION OF PREGNANCY, OR TERMINATION OF THE PREG-
 NANCY; THE POLICY  SHALL  BE  PAID  FOR,  WHETHER  DIRECTLY  OR  THROUGH
 REIMBURSEMENT  OR  OTHER  MEANS,  BY  THE  INTENDED PARENT OR PARENTS ON
 BEHALF OF THE PERSON ACTING  AS  SURROGATE  PURSUANT  TO  THE  SURROGACY
 AGREEMENT,  EXCEPT THAT A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO
 COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR  PARENTS
 PAY  FOR  THE  HEALTH  INSURANCE  POLICY. THE INTENDED PARENT OR PARENTS
 SHALL ALSO PAY FOR OR REIMBURSE THE PERSON ACTING AS SURROGATE  FOR  ALL
 CO-PAYMENTS, DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSO-
 CIATED  WITH  PRECONCEPTION,  PREGNANCY,  CHILDBIRTH, OR POSTNATAL CARE,
 THAT ACCRUE THROUGH TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILL-
 BIRTH, A MISCARRIAGE, OR TERMINATION OF THE PREGNANCY. A  PERSON  ACTING
 AS  SURROGATE  WHO  IS  RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO
 HAVE THE INTENDED PARENT OR PARENTS MAKE  SUCH  PAYMENTS  OR  REIMBURSE-
 MENTS;
   (8)  THE  SURROGACY AGREEMENT MUST PROVIDE THAT THE INTENDED PARENT OR
 PARENTS SHALL PROCURE AND PAY FOR A LIFE INSURANCE POLICY FOR THE PERSON
 ACTING AS SURROGATE THAT TAKES EFFECT PRIOR TO TAKING ANY MEDICATION  OR
 THE  COMMENCEMENT  OF  MEDICAL  PROCEDURES  TO  FURTHER EMBRYO TRANSFER,
 PROVIDES A MINIMUM BENEFIT OF SEVEN HUNDRED FIFTY  THOUSAND  DOLLARS  OR
 THE  MAXIMUM AMOUNT THE PERSON ACTING AS SURROGATE QUALIFIES FOR IF LESS
 THAN SEVEN HUNDRED FIFTY THOUSAND DOLLARS, AND HAS A TERM  THAT  EXTENDS

 S. 7506--B                         56                         A. 9506--B
 
 THROUGHOUT  THE DURATION OF THE EXPECTED PREGNANCY AND FOR TWELVE MONTHS
 AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE  RESULTING  IN
 TERMINATION  OF PREGNANCY, OR TERMINATION OF THE PREGNANCY, WITH A BENE-
 FICIARY  OR  BENEFICIARIES  OF  THEIR CHOOSING. THE POLICY SHALL BE PAID
 FOR, WHETHER DIRECTLY OR THROUGH REIMBURSEMENT OR OTHER  MEANS,  BY  THE
 INTENDED  PARENT  OR PARENTS ON BEHALF OF THE PERSON ACTING AS SURROGATE
 PURSUANT TO THE SURROGACY AGREEMENT, EXCEPT  THAT  A  PERSON  ACTING  AS
 SURROGATE  WHO  IS RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO HAVE
 THE INTENDED PARENT OR PARENTS PAY FOR THE LIFE INSURANCE POLICY; AND
   (9) THE PERSON ACTING AS SURROGATE MEETS ALL OTHER REQUIREMENTS DEEMED
 APPROPRIATE BY THE COMMISSIONER OF HEALTH REGARDING THE  HEALTH  OF  THE
 PROSPECTIVE SURROGATE.
   (B)  THE INTENDED PARENT OR PARENTS SHALL BE ELIGIBLE TO ENTER INTO AN
 ENFORCEABLE SURROGACY AGREEMENT UNDER THIS ARTICLE IF HE,  SHE  OR  THEY
 HAVE  MET THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY AGREEMENT
 WAS EXECUTED:
   (1) AT LEAST ONE INTENDED PARENT IS  A  UNITED  STATES  CITIZEN  OR  A
 LAWFUL  PERMANENT  RESIDENT  AND WAS A RESIDENT OF NEW YORK STATE FOR AT
 LEAST SIX MONTHS;
   (2) THE INTENDED PARENT OR PARENTS HAS BEEN REPRESENTED THROUGHOUT THE
 CONTRACTUAL PROCESS AND THE DURATION OF THE CONTRACT AND  ITS  EXECUTION
 BY  INDEPENDENT  LEGAL  COUNSEL OF HIS, HER OR THEIR OWN CHOOSING WHO IS
 LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK; AND
   (3) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
 OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE  INTIMATE  PARTNERS
 TOGETHER, EXCEPT AN ADULT IN A SPOUSAL RELATIONSHIP IS ELIGIBLE TO ENTER
 INTO AN ENFORCEABLE SURROGACY AGREEMENT WITHOUT HIS OR HER SPOUSE IF:
   (I)  THEY  ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
 MENT OF SEPARATION OR PURSUANT TO  A  WRITTEN  AGREEMENT  OF  SEPARATION
 SUBSCRIBED BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM
 REQUIRED TO ENTITLE A DEED TO BE RECORDED; OR
   (II) THEY HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
 PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT.
   (C)  WHERE THE SPOUSE OF AN INTENDED PARENT IS NOT A REQUIRED PARTY TO
 THE AGREEMENT, THE SPOUSE IS NOT AN INTENDED PARENT AND SHALL  NOT  HAVE
 RIGHTS OR OBLIGATIONS TO THE CHILD.
   § 581-403. REQUIREMENTS  OF SURROGACY AGREEMENT. A SURROGACY AGREEMENT
 SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF THIS  ARTICLE  AND
 BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
   (A)  IT  SHALL  BE  IN A SIGNED RECORD VERIFIED OR EXECUTED BEFORE TWO
 NON-PARTY WITNESSES BY:
   (1) EACH INTENDED PARENT, AND
   (2) THE PERSON ACTING AS SURROGATE,  AND  THE  SPOUSE  OF  THE  PERSON
 ACTING AS SURROGATE, IF ANY, UNLESS:
   (I) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
 AS SURROGATE ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
 MENT  OF  SEPARATION  OR  PURSUANT  TO A WRITTEN AGREEMENT OF SEPARATION
 SUBSCRIBED BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM
 REQUIRED TO ENTITLE A DEED TO BE RECORDED; OR
   (II) HAVE BEEN LIVING SEPARATE AND APART  FOR  AT  LEAST  THREE  YEARS
 PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT;
   (B)  IT  SHALL  BE  EXECUTED  PRIOR  TO THE PERSON ACTING AS SURROGATE
 TAKING ANY MEDICATION OR THE COMMENCEMENT OF MEDICAL PROCEDURES  IN  THE
 FURTHERANCE  OF EMBRYO TRANSFER, PROVIDED THE PERSON ACTING AS SURROGATE
 SHALL HAVE PROVIDED INFORMED CONSENT TO UNDERGO SUCH  MEDICAL  TREATMENT
 OR MEDICAL PROCEDURES PRIOR TO EXECUTING THE AGREEMENT;

 S. 7506--B                         57                         A. 9506--B
 
   (C)  IT  SHALL BE EXECUTED BY A PERSON ACTING AS SURROGATE MEETING THE
 ELIGIBILITY REQUIREMENTS OF SUBDIVISION (A) OF SECTION 581-402  OF  THIS
 PART  AND  BY  THE  SPOUSE OF THE PERSON ACTING AS SURROGATE, UNLESS THE
 SIGNATURE OF THE SPOUSE  OF  THE  PERSON  ACTING  AS  SURROGATE  IS  NOT
 REQUIRED AS SET FORTH IN THIS SECTION;
   (D)  IT  SHALL  BE  EXECUTED BY INTENDED PARENT OR PARENTS WHO MET THE
 ELIGIBILITY REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-402  OF  THIS
 PART;
   (E) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
 AS  SURROGATE,  IF  APPLICABLE, AND THE INTENDED PARENT OR PARENTS SHALL
 HAVE BEEN REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND  THE  DURA-
 TION  OF  THE  CONTRACT AND ITS EXECUTION BY SEPARATE, INDEPENDENT LEGAL
 COUNSEL OF THEIR OWN CHOOSING;
   (F) IF THE SURROGACY AGREEMENT PROVIDES FOR  THE  PAYMENT  OF  COMPEN-
 SATION  TO  THE  PERSON  ACTING AS SURROGATE, THE FUNDS FOR BASE COMPEN-
 SATION AND REASONABLE ANTICIPATED ADDITIONAL EXPENSES  SHALL  HAVE  BEEN
 PLACED  IN  ESCROW WITH AN INDEPENDENT ESCROW AGENT, WHO CONSENTS TO THE
 JURISDICTION OF NEW YORK COURTS  FOR  ALL  PROCEEDINGS  RELATED  TO  THE
 ENFORCEMENT  OF  THE  ESCROW  AGREEMENT,  PRIOR  TO THE PERSON ACTING AS
 SURROGATE COMMENCING WITH ANY MEDICAL PROCEDURE OTHER THAN MEDICAL EVAL-
 UATIONS NECESSARY TO DETERMINE THE PERSON ACTING AS  SURROGATE'S  ELIGI-
 BILITY;
   (G)  THE  SURROGACY  AGREEMENT MUST INCLUDE INFORMATION DISCLOSING HOW
 THE INTENDED PARENT OR PARENTS WILL COVER THE MEDICAL  EXPENSES  OF  THE
 PERSON  ACTING  AS SURROGATE AND THE CHILD. IF COMPREHENSIVE HEALTH CARE
 COVERAGE IS USED TO COVER THE MEDICAL  EXPENSES,  THE  DISCLOSURE  SHALL
 INCLUDE  A  REVIEW  AND  SUMMARY  OF  THE  HEALTH CARE POLICY PROVISIONS
 RELATED TO COVERAGE AND EXCLUSIONS FOR THE PERSON ACTING AS  SURROGATE'S
 PREGNANCY; AND
   (H) IT SHALL INCLUDE THE FOLLOWING INFORMATION:
   (1)  THE  DATE,  CITY  AND  STATE  WHERE  THE  SURROGACY AGREEMENT WAS
 EXECUTED;
   (2) THE FIRST AND LAST  NAMES  OF  AND  CONTACT  INFORMATION  FOR  THE
 INTENDED PARENT OR PARENTS AND OF THE PERSON ACTING AS SURROGATE;
   (3)  THE  FIRST  AND  LAST  NAMES  OF  AND CONTACT INFORMATION FOR THE
 PERSONS FROM WHICH THE GAMETES ORIGINATED, IF KNOWN. THE AGREEMENT SHALL
 SPECIFY WHETHER THE GAMETES PROVIDED WERE EGGS, SPERM, OR EMBRYOS;
   (4) THE NAME OF AND CONTACT INFORMATION FOR THE  LICENSED  AND  REGIS-
 TERED SURROGACY PROGRAM HANDLING THE SURROGACY AGREEMENT; AND
   (5)  THE NAME OF AND CONTACT INFORMATION FOR THE ATTORNEY REPRESENTING
 THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON  ACTING  AS
 SURROGATE,  IF  APPLICABLE,  AND  THE ATTORNEY REPRESENTING THE INTENDED
 PARENT OR PARENTS; AND
   (I) THE SURROGACY AGREEMENT MUST COMPLY  WITH  ALL  OF  THE  FOLLOWING
 TERMS:
   (1)  AS TO THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON
 ACTING AS SURROGATE, IF APPLICABLE:
   (I) THE PERSON ACTING AS SURROGATE AGREES TO UNDERGO  EMBRYO  TRANSFER
 AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD;
   (II)  THE  PERSON  ACTING  AS  SURROGATE  AND THE SPOUSE OF THE PERSON
 ACTING AS SURROGATE, IF APPLICABLE, AGREE TO SURRENDER  CUSTODY  OF  ALL
 RESULTING  CHILDREN  TO  THE INTENDED PARENT OR PARENTS IMMEDIATELY UPON
 BIRTH;
   (III) THE SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF  THE  ATTORNEY
 REPRESENTING  THE  PERSON  ACTING  AS  SURROGATE AND, IF APPLICABLE, THE
 SPOUSE OF THE PERSON ACTING AS SURROGATE;

 S. 7506--B                         58                         A. 9506--B
 
   (IV) THE SURROGACY AGREEMENT MUST INCLUDE AN  ACKNOWLEDGEMENT  BY  THE
 PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING AS SURRO-
 GATE,  IF  APPLICABLE, THAT THEY HAVE RECEIVED A COPY OF THE SURROGATE'S
 BILL OF RIGHTS FROM THEIR LEGAL COUNSEL;
   (V) THE SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS SURROGATE
 TO  MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING THEMSELVES AND THEIR
 PREGNANCY INCLUDING BUT NOT LIMITED TO, WHETHER TO CONSENT TO A CESAREAN
 SECTION OR MULTIPLE  EMBRYO  TRANSFER,  AND  NOTWITHSTANDING  ANY  OTHER
 PROVISIONS  IN THIS CHAPTER, PROVISIONS IN THE AGREEMENT TO THE CONTRARY
 ARE VOID AND UNENFORCEABLE. THIS ARTICLE DOES NOT DIMINISH THE RIGHT  OF
 THE PERSON ACTING AS SURROGATE TO TERMINATE OR CONTINUE A PREGNANCY;
   (VI)  THE  SURROGACY  AGREEMENT  SHALL  PERMIT  THE PERSON ACTING AS A
 SURROGATE TO UTILIZE THE SERVICES OF A HEALTH CARE PRACTITIONER  OF  THE
 PERSON'S CHOOSING;
   (VII)  THE SURROGACY AGREEMENT SHALL NOT LIMIT THE RIGHT OF THE PERSON
 ACTING AS SURROGATE TO TERMINATE OR CONTINUE THE PREGNANCY OR REDUCE  OR
 RETAIN THE NUMBER OF FETUSES OR EMBRYOS THE PERSON IS CARRYING;
   (VIII)  THE  SURROGACY  AGREEMENT  SHALL  PROVIDE FOR THE RIGHT OF THE
 PERSON ACTING AS  SURROGATE,  UPON  REQUEST,  TO  OBTAIN  COUNSELING  TO
 ADDRESS ISSUES RESULTING FROM THE PERSON'S PARTICIPATION IN THE SURROGA-
 CY AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COUNSELING FOLLOWING DELIV-
 ERY. THE COST OF THAT COUNSELING SHALL BE PAID BY THE INTENDED PARENT OR
 PARENTS;
   (IX)  THE  SURROGACY  AGREEMENT MUST INCLUDE A NOTICE THAT ANY COMPEN-
 SATION RECEIVED PURSUANT TO THE AGREEMENT MAY AFFECT THE  PERSON  ACTING
 AS  SURROGATE'S  ABILITY FOR PUBLIC BENEFITS OR THE AMOUNT OF SUCH BENE-
 FITS; AND
   (X) THE SURROGACY AGREEMENT SHALL PROVIDE THAT, UPON THE PERSON ACTING
 AS SURROGATE'S REQUEST, THE INTENDED PARENT  OR  PARENTS  HAVE  OR  WILL
 PROCURE  AND PAY FOR A DISABILITY INSURANCE POLICY FOR THE PERSON ACTING
 AS SURROGATE; THE PERSON ACTING AS SURROGATE MAY DESIGNATE THE BENEFICI-
 ARY OF THE PERSON'S CHOOSING.
   (2) AS TO THE INTENDED PARENT OR PARENTS:
   (I) THE INTENDED PARENT OR PARENTS AGREE  TO  ACCEPT  CUSTODY  OF  ALL
 RESULTING  CHILDREN IMMEDIATELY UPON BIRTH REGARDLESS OF NUMBER, GENDER,
 OR MENTAL OR PHYSICAL CONDITION AND REGARDLESS OF WHETHER  THE  INTENDED
 EMBRYOS  WERE  TRANSFERRED DUE TO A LABORATORY ERROR WITHOUT DIMINISHING
 THE RIGHTS, IF ANY, OF ANYONE  CLAIMING  TO  HAVE  A  SUPERIOR  PARENTAL
 INTEREST IN THE CHILD; AND
   (II) THE INTENDED PARENT OR PARENTS AGREE TO ASSUME RESPONSIBILITY FOR
 THE SUPPORT OF ALL RESULTING CHILDREN IMMEDIATELY UPON BIRTH; AND
   (III)  THE  SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
 REPRESENTING THE INTENDED PARENT OR PARENTS; AND
   (IV) THE SURROGACY AGREEMENT SHALL PROVIDE THAT THE RIGHTS  AND  OBLI-
 GATIONS  OF THE INTENDED PARENT OR PARENTS UNDER THE SURROGACY AGREEMENT
 ARE NOT ASSIGNABLE; AND
   (V) THE INTENDED PARENT OR PARENTS AGREE TO EXECUTE A WILL,  PRIOR  TO
 THE  EMBRYO  TRANSFER, DESIGNATING A GUARDIAN FOR ALL RESULTING CHILDREN
 AND AUTHORIZING THEIR EXECUTOR  TO  PERFORM  THE  INTENDED  PARENT'S  OR
 PARENTS' OBLIGATIONS PURSUANT TO THE SURROGACY AGREEMENT.
   § 581-404. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL RELATION-
 SHIP.  (A) AFTER THE EXECUTION OF A SURROGACY AGREEMENT UNDER THIS ARTI-
 CLE, THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE PERSON ACTING AS  SURRO-
 GATE  DOES NOT AFFECT THE VALIDITY OF A SURROGACY AGREEMENT, THE CONSENT
 OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE TO THE  AGREEMENT  SHALL

 S. 7506--B                         59                         A. 9506--B
 
 NOT  BE REQUIRED, AND THE SPOUSE OF THE PERSON ACTING AS SURROGATE SHALL
 NOT BE THE PRESUMED PARENT OF ANY RESULTING CHILDREN.
   (B)  THE SUBSEQUENT SEPARATION OR DIVORCE OF THE INTENDED PARENTS DOES
 NOT AFFECT THE RIGHTS,  DUTIES  AND  RESPONSIBILITIES  OF  THE  INTENDED
 PARENTS  AS OUTLINED IN THE SURROGACY AGREEMENT.  AFTER THE EXECUTION OF
 A  SURROGACY  AGREEMENT  UNDER  THIS  ARTICLE,  THE  SUBSEQUENT  SPOUSAL
 RELATIONSHIP  OF  THE  INTENDED PARENT DOES NOT AFFECT THE VALIDITY OF A
 SURROGACY AGREEMENT, AND THE CONSENT  OF  THE  SPOUSE  OF  THE  INTENDED
 PARENT TO THE AGREEMENT SHALL NOT BE REQUIRED.
   § 581-405. TERMINATION  OF SURROGACY AGREEMENT. AFTER THE EXECUTION OF
 A SURROGACY AGREEMENT BUT BEFORE THE PERSON ACTING AS SURROGATE  BECOMES
 PREGNANT  BY MEANS OF ASSISTED REPRODUCTION, THE PERSON ACTING AS SURRO-
 GATE, THE SPOUSE OF THE PERSON ACTING AS SURROGATE,  IF  APPLICABLE,  OR
 ANY  INTENDED  PARENT  MAY  TERMINATE  THE SURROGACY AGREEMENT BY GIVING
 NOTICE OF TERMINATION IN A RECORD TO  ALL  OTHER  PARTIES.  UPON  PROPER
 TERMINATION OF THE SURROGACY AGREEMENT THE PARTIES ARE RELEASED FROM ALL
 OBLIGATIONS  RECITED IN THE SURROGACY AGREEMENT EXCEPT THAT THE INTENDED
 PARENT OR PARENTS REMAINS RESPONSIBLE FOR ALL EXPENSES  THAT  ARE  REIM-
 BURSABLE  UNDER  THE  AGREEMENT  WHICH  HAVE BEEN INCURRED BY THE PERSON
 ACTING AS SURROGATE THROUGH THE DATE OF TERMINATION.   IF  THE  INTENDED
 PARENT  OR  PARENTS  TERMINATE  THE SURROGACY AGREEMENT PURSUANT TO THIS
 SECTION AFTER THE PERSON ACTING AS SURROGATE HAS TAKEN ANY MEDICATION OR
 COMMENCED TREATMENT TO FURTHER EMBRYO TRANSFER, SUCH INTENDED PARENT  OR
 PARENTS  SHALL  BE  RESPONSIBLE FOR PAYING FOR OR REIMBURSING THE PERSON
 ACTING AS SURROGATE FOR ALL CO-PAYMENTS, DEDUCTIBLES, ANY OTHER  OUT-OF-
 POCKET  MEDICAL  COSTS,  AND  ANY  OTHER ECONOMIC LOSSES INCURRED WITHIN
 TWELVE MONTHS OF THE TERMINATION OF THE AGREEMENT  AND  ASSOCIATED  WITH
 TAKING SUCH MEDICATION OR UNDERTAKING SUCH TREATMENT.  UNLESS THE AGREE-
 MENT  PROVIDES  OTHERWISE, THE PERSON ACTING AS SURROGATE IS ENTITLED TO
 KEEP ALL PAYMENTS RECEIVED AND OBTAIN ALL PAYMENTS TO WHICH  THE  PERSON
 IS  ENTITLED UP UNTIL THE DATE OF TERMINATION OF THE AGREEMENT.  NEITHER
 A PERSON ACTING AS SURROGATE NOR THE SPOUSE  OF  THE  PERSON  ACTING  AS
 SURROGATE,  IF  ANY,  IS  LIABLE  TO  THE INTENDED PARENT OR PARENTS FOR
 TERMINATING A SURROGACY AGREEMENT AS PROVIDED IN THIS SECTION.
   § 581-406. PARENTAGE UNDER COMPLIANT  SURROGACY  AGREEMENT.  UPON  THE
 BIRTH  OF  A  CHILD CONCEIVED BY ASSISTED REPRODUCTION UNDER A SURROGACY
 AGREEMENT THAT COMPLIES WITH THIS PART,  EACH  INTENDED  PARENT  IS,  BY
 OPERATION OF LAW, A PARENT OF THE CHILD AND NEITHER THE PERSON ACTING AS
 A SURROGATE NOR THE PERSON'S SPOUSE, IF ANY, IS A PARENT OF THE CHILD.
   §  581-407. INSUFFICIENT SURROGACY AGREEMENT. IF A SURROGACY AGREEMENT
 DOES NOT MEET THE MATERIAL REQUIREMENTS OF THIS ARTICLE,  THE  AGREEMENT
 IS  NOT ENFORCEABLE AND THE COURT SHALL DETERMINE PARENTAGE BASED ON THE
 INTENT OF THE PARTIES, TAKING INTO ACCOUNT THE  BEST  INTERESTS  OF  THE
 CHILD.   AN INTENDED PARENT'S ABSENCE OF GENETIC CONNECTION TO THE CHILD
 IS NOT A SUFFICIENT BASIS TO DENY THAT INDIVIDUAL A  JUDGMENT  OF  LEGAL
 PARENTAGE.
   § 581-408. ABSENCE OF SURROGACY AGREEMENT. WHERE THERE IS NO SURROGACY
 AGREEMENT,  THE PARENTAGE OF THE CHILD WILL BE DETERMINED BASED ON OTHER
 LAWS OF THIS STATE.
   § 581-409. DISPUTE AS TO SURROGACY AGREEMENT.  (A) ANY  DISPUTE  WHICH
 IS  RELATED TO A SURROGACY AGREEMENT OTHER THAN DISPUTES AS TO PARENTAGE
 SHALL BE RESOLVED BY  THE  SUPREME  COURT,  WHICH  SHALL  DETERMINE  THE
 RESPECTIVE  RIGHTS  AND  OBLIGATIONS  OF  THE PARTIES, IN ANY PROCEEDING
 INITIATED PURSUANT TO THIS SECTION, THE COURT MAY,  AT  ITS  DISCRETION,
 AUTHORIZE  THE  USE  OF  CONFERENCING  OR  MEDIATION AT ANY POINT IN THE
 PROCEEDINGS.

 S. 7506--B                         60                         A. 9506--B
 
   (B) EXCEPT AS EXPRESSLY  PROVIDED  IN  THE  SURROGACY  AGREEMENT,  THE
 INTENDED  PARENT  OR PARENTS AND THE PERSON ACTING AS SURROGATE SHALL BE
 ENTITLED TO ALL REMEDIES AVAILABLE AT  LAW  OR  EQUITY  IN  ANY  DISPUTE
 RELATED TO THE SURROGACY AGREEMENT.
   (C)  THERE  SHALL  BE  NO  SPECIFIC PERFORMANCE REMEDY AVAILABLE FOR A
 BREACH.
 
                                  PART 5
            PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES
 SECTION 581-501. REIMBURSEMENT.
         581-502. COMPENSATION.
   § 581-501. REIMBURSEMENT.  A DONOR WHO HAS ENTERED INTO A VALID AGREE-
 MENT TO BE A DONOR MAY RECEIVE REIMBURSEMENT FROM AN INTENDED PARENT  OR
 PARENTS  FOR  ECONOMIC  LOSSES  INCURRED IN CONNECTION WITH THE DONATION
 WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBRYOS.
   § 581-502. COMPENSATION.  (A) COMPENSATION MAY BE PAID TO A  DONOR  OR
 PERSON  ACTING AS SURROGATE BASED ON MEDICAL RISKS, PHYSICAL DISCOMFORT,
 INCONVENIENCE  AND  THE  RESPONSIBILITIES  THEY   ARE   UNDERTAKING   IN
 CONNECTION WITH THEIR PARTICIPATION IN THE ASSISTED REPRODUCTION.  UNDER
 NO CIRCUMSTANCES MAY COMPENSATION BE PAID TO PURCHASE GAMETES OR EMBRYOS
 OR FOR THE RELEASE OF A PARENTAL INTEREST IN A CHILD.
   (B)  THE  COMPENSATION,  IF  ANY,  PAID TO A DONOR OR PERSON ACTING AS
 SURROGATE MUST BE REASONABLE AND NEGOTIATED IN GOOD  FAITH  BETWEEN  THE
 PARTIES,  AND  SAID  PAYMENTS  TO A PERSON ACTING AS SURROGATE SHALL NOT
 EXCEED THE DURATION OF THE PREGNANCY AND RECUPERATIVE PERIOD  OF  UP  TO
 EIGHT WEEKS AFTER THE BIRTH OF ANY RESULTING CHILDREN.
   (C)  COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
 GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
   (D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR  PHENO-
 TYPIC CHARACTERISTICS OF THE DONOR OR OF ANY RESULTING CHILDREN.
   (E)  COMPENSATION TO AN EMBRYO DONOR SHALL BE LIMITED TO STORAGE FEES,
 TRANSPORTATION COSTS AND ATTORNEYS' FEES.
 
                                  PART 6
                        SURROGATES' BILL OF RIGHTS
 SECTION 581-601. APPLICABILITY.
         581-602. HEALTH AND WELFARE DECISIONS.
         581-603. INDEPENDENT LEGAL COUNSEL.
         581-604. HEALTH INSURANCE AND MEDICAL COSTS.
         581-605. COUNSELING.
         581-606. LIFE INSURANCE.
         581-607. TERMINATION OF SURROGACY AGREEMENT.
   § 581-601. APPLICABILITY. THE RIGHTS ENUMERATED  IN  THIS  PART  SHALL
 APPLY  TO  ANY PERSON ACTING AS SURROGATE IN THIS STATE, NOTWITHSTANDING
 ANY SURROGACY AGREEMENT, JUDGMENT OF  PARENTAGE,  MEMORANDUM  OF  UNDER-
 STANDING,  VERBAL  AGREEMENT  OR  CONTRACT  TO THE CONTRARY.   EXCEPT AS
 OTHERWISE PROVIDED BY LAW, ANY WRITTEN OR VERBAL AGREEMENT PURPORTING TO
 WAIVE OR LIMIT ANY OF THE RIGHTS IN THIS PART IS VOID AS AGAINST  PUBLIC
 POLICY.    THE RIGHTS ENUMERATED IN THIS PART ARE NOT EXCLUSIVE, AND ARE
 IN ADDITION TO ANY OTHER RIGHTS PROVIDED BY LAW, REGULATION, OR A SURRO-
 GACY AGREEMENT THAT MEETS THE REQUIREMENTS OF THIS ARTICLE.
   § 581-602. HEALTH AND WELFARE DECISIONS. A PERSON ACTING AS  SURROGATE
 HAS  THE  RIGHT TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING THEM-
 SELF AND THEIR PREGNANCY,  INCLUDING  BUT  NOT  LIMITED  TO  WHETHER  TO
 CONSENT  TO  A  CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER, TO UTILIZE
 THE SERVICES OF A HEALTH CARE PRACTITIONER OF THEIR CHOOSING, WHETHER TO

 S. 7506--B                         61                         A. 9506--B

 TERMINATE OR CONTINUE THE PREGNANCY, AND WHETHER TO REDUCE OR RETAIN THE
 NUMBER OF FETUSES OR EMBRYOS THEY ARE CARRYING.
   § 581-603. INDEPENDENT LEGAL COUNSEL. A PERSON ACTING AS SURROGATE HAS
 THE  RIGHT  TO BE REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE
 DURATION OF THE SURROGACY AGREEMENT AND  ITS  EXECUTION  BY  INDEPENDENT
 LEGAL  COUNSEL  OF THEIR OWN CHOOSING WHO IS LICENSED TO PRACTICE LAW IN
 THE STATE OF NEW YORK, TO BE PAID FOR BY THE INTENDED PARENT OR PARENTS.
   § 581-604. HEALTH INSURANCE AND MEDICAL  COSTS.  A  PERSON  ACTING  AS
 SURROGATE  HAS THE RIGHT TO HAVE A COMPREHENSIVE HEALTH INSURANCE POLICY
 THAT COVERS PRECONCEPTION CARE, PRENATAL CARE, MAJOR MEDICAL TREATMENTS,
 HOSPITALIZATION AND BEHAVIORAL HEALTH  CARE  FOR  A  TERM  THAT  EXTENDS
 THROUGHOUT  THE DURATION OF THE EXPECTED PREGNANCY AND FOR TWELVE MONTHS
 AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE  RESULTING  IN
 TERMINATION  OF  PREGNANCY,  OR TERMINATION OF THE PREGNANCY, TO BE PAID
 FOR BY THE INTENDED PARENT OR PARENTS. THE INTENDED  PARENT  OR  PARENTS
 SHALL  ALSO  PAY FOR OR REIMBURSE THE PERSON ACTING AS SURROGATE FOR ALL
 CO-PAYMENTS, DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSO-
 CIATED WITH PREGNANCY, CHILDBIRTH, OR POSTNATAL CARE THAT ACCRUE THROUGH
 TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE,
 OR THE TERMINATION OF THE PREGNANCY. A PERSON ACTING AS A SURROGATE  WHO
 IS  RECEIVING  NO  COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED
 PARENT OR PARENTS MAKE SUCH PAYMENTS OR REIMBURSEMENTS.
   § 581-605. COUNSELING. A PERSON ACTING AS SURROGATE HAS THE  RIGHT  TO
 OBTAIN  A  COMPREHENSIVE  HEALTH INSURANCE POLICY THAT COVERS BEHAVIORAL
 HEALTH CARE AND WILL COVER  THE  COST  OF  PSYCHOLOGICAL  COUNSELING  TO
 ADDRESS  ISSUES  RESULTING  FROM  THEIR PARTICIPATION IN A SURROGACY AND
 SUCH POLICY SHALL BE PAID FOR BY THE INTENDED PARENT OR PARENTS.
   § 581-606. LIFE INSURANCE. A PERSON ACTING AS SURROGATE HAS THE  RIGHT
 TO BE PROVIDED A LIFE INSURANCE POLICY THAT TAKES EFFECT PRIOR TO TAKING
 ANY  MEDICATION OR COMMENCEMENT OF TREATMENT TO FURTHER EMBRYO TRANSFER,
 PROVIDES A MINIMUM BENEFIT OF SEVEN HUNDRED FIFTY THOUSAND  DOLLARS,  OR
 THE MAXIMUM AMOUNT THE PERSON ACTING AS SURROGATE QUALIFYING FOR IT LESS
 THAN  SEVEN  HUNDRED FIFTY THOUSAND DOLLARS, AND HAS A TERM THAT EXTENDS
 THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY AND FOR TWELVE  MONTHS
 AFTER  THE  BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE RESULTING IN
 TERMINATION OF PREGNANCY, OR TERMINATION OF THE PREGNANCY, WITH A  BENE-
 FICIARY  OR  BENEFICIARIES  OF  THEIR  CHOOSING,  TO  BE PAID FOR BY THE
 INTENDED PARENT OR PARENTS.
   § 581-607. TERMINATION OF SURROGACY  AGREEMENT.  A  PERSON  ACTING  AS
 SURROGATE  HAS  THE  RIGHT  TO  TERMINATE A SURROGACY AGREEMENT PRIOR TO
 BECOMING PREGNANT BY MEANS OF ASSISTED REPRODUCTION PURSUANT TO  SECTION
 581-405 OF THIS ARTICLE.
 
                                  PART 7
                         MISCELLANEOUS PROVISIONS
 SECTION 581-701. REMEDIAL.
         581-702. SEVERABILITY.
         581-703. PARENT  UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
                    LAW.
         581-704. INTERPRETATION.
   § 581-701. REMEDIAL.   THIS LEGISLATION IS HEREBY  DECLARED  TO  BE  A
 REMEDIAL  STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
 CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
   § 581-702. SEVERABILITY.  THE INVALIDATION OF ANY PART OF THIS  LEGIS-
 LATION  BY  A  COURT  OF  COMPETENT JURISDICTION SHALL NOT RESULT IN THE
 INVALIDATION OF ANY OTHER PART.

 S. 7506--B                         62                         A. 9506--B
 
   § 581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
 THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL
 INCLUDE A PERSON ESTABLISHED TO BE A PARENT UNDER THIS  ARTICLE  OR  ANY
 OTHER RELEVANT LAW.
   § 581-704. INTERPRETATION.  UNLESS  THE  CONTEXT  INDICATES OTHERWISE,
 WORDS IMPORTING THE SINGULAR  INCLUDE  AND  APPLY  TO  SEVERAL  PERSONS,
 PARTIES, OR THINGS; WORDS IMPORTING THE PLURAL INCLUDE THE SINGULAR.
   § 2. Section 73 of the domestic relations law is REPEALED.
   §  3.  Section  121 of the domestic relations law, as added by chapter
 308 of the laws of 1992, is amended to read as follows:
   § 121. Definitions. When used in this article, unless the  context  or
 subject matter manifestly requires a different interpretation:
   1.[ "Birth  mother"]  "GENETIC  SURROGATE" shall mean a [woman] PERSON
 who gives birth to a child WHO IS THE PERSON'S GENETIC CHILD pursuant to
 a GENETIC surrogate parenting [contract] AGREEMENT.
   2. ["Genetic father" shall mean a man who provides sperm for the birth
 of a child born pursuant to a surrogate parenting contract.
   3. "Genetic mother" shall mean a woman who provides an  ovum  for  the
 birth of a child born pursuant to a surrogate parenting contract.
   4. "Surrogate parenting contract"] "GENETIC SURROGATE PARENTING AGREE-
 MENT" shall mean any agreement, oral or written, in which:
   (a)  a  [woman] GENETIC SURROGATE agrees either to be inseminated with
 the sperm of a [man] PERSON who is not [her husband] THEIR SPOUSE or  to
 be  impregnated  with  an embryo that is the product of [an] THE GENETIC
 SURROGATE'S ovum fertilized with the sperm of a [man] PERSON who is  not
 [her husband] THEIR SPOUSE; and
   (b)  the [woman] GENETIC SURROGATE agrees to, or intends to, surrender
 or consent to the adoption of the child born as a result of such insemi-
 nation or impregnation.
   § 4. Section 122 of the domestic relations law, as  added  by  chapter
 308 of the laws of 1992, is amended to read as follows:
   §   122.   Public  policy.  [Surrogate]  GENETIC  SURROGATE  parenting
 [contracts] AGREEMENTS are hereby declared contrary to the public policy
 of this state, and are void and unenforceable.
   § 5. Section 123 of the domestic relations law, as  added  by  chapter
 308 of the laws of 1992, is amended to read as follows:
   §  123. Prohibitions and penalties. 1. No person or other entity shall
 knowingly request, accept, receive, pay or give any fee, compensation or
 other remuneration, directly  or  indirectly,  in  connection  with  any
 GENETIC  surrogate parenting [contract] AGREEMENT, or induce, arrange or
 otherwise assist in arranging a GENETIC surrogate  parenting  [contract]
 AGREEMENT for a fee, compensation or other remuneration, except for:
   (a)  payments  in connection with the adoption of a child permitted by
 subdivision six of section three  hundred  seventy-four  of  the  social
 services  law and disclosed pursuant to subdivision eight of section one
 hundred fifteen of this chapter; or
   (b) payments for reasonable  and  actual  medical  fees  and  hospital
 expenses  for artificial insemination or in vitro fertilization services
 incurred by the [mother] GENETIC SURROGATE in connection with the  birth
 of the child.
   2.  (a) [A birth mother or her husband, a genetic father and his wife,
 and, if the genetic mother is not the birth mother, the  genetic  mother
 and her husband] ANY PARTY TO A GENETIC SURROGATE PARENTING AGREEMENT OR
 THE  SPOUSE  OF  ANY PART TO A GENETIC SURROGATE PARENTING AGREEMENT who
 violate this section shall be subject to a civil penalty not  to  exceed
 five hundred dollars.

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   (b)  Any  other  person  or  entity  who or which induces, arranges or
 otherwise assists in the formation  of  a  GENETIC  surrogate  parenting
 contract  for  a  fee,  compensation  or other remuneration or otherwise
 violates this section shall be subject to a civil penalty not to  exceed
 ten  thousand  dollars  and  forfeiture  to  the  state of any such fee,
 compensation or remuneration in accordance with the provisions of subdi-
 vision (a) of section seven thousand two hundred one of the civil  prac-
 tice  law  and  rules, for the first such offense.  Any person or entity
 who or which induces, arranges or otherwise assists in the formation  of
 a  GENETIC surrogate parenting contract for a fee, compensation or other
 remuneration or otherwise violates this section, after having been  once
 subject  to  a civil penalty for violating this section, shall be guilty
 of a felony.
   § 6. Section 124 of the domestic relations law, as  added  by  chapter
 308 of the laws of 1992, is amended to read as follows:
   §  124.  Proceedings regarding parental rights, status or obligations.
 In any action or proceeding involving a [dispute between the birth moth-
 er and (i) the genetic father, (ii) the genetic mother, (iii)  both  the
 genetic  father and genetic mother, or (iv) the parent or parents of the
 genetic father or genetic mother, regarding parental rights,  status  or
 obligations with respect to a child born pursuant to a surrogate parent-
 ing  contract]  PURPORTED  GENETIC  SURROGACY  PARENTING  AGREEMENT, THE
 PARENTAGE OF THE CHILD WILL BE DETERMINED BASED ON THE LAWS OF NEW  YORK
 STATE AND:
   1.  the  court  shall not consider the [birth mother's] GENETIC SURRO-
 GATE'S participation in a GENETIC surrogate parenting [contract]  AGREE-
 MENT  as adverse to [her] THEIR parental rights, status, or obligations;
 and
   2. the court, having regard to the circumstances of the  case  and  of
 the  respective  parties  including the parties' relative ability to pay
 such fees and expenses, in  its  discretion  and  in  the  interests  of
 justice,  may  award  to either party reasonable and actual counsel fees
 and legal expenses incurred in connection with such action  or  proceed-
 ing.  Such  award  may  be  made  in  the order or judgment by which the
 particular action or proceeding   is finally determined, or  by  one  or
 more  orders from time to time before the final order or judgment, or by
 both such order or orders and the final  order  or  judgment;  provided,
 however,  that  in any dispute involving a [birth mother] GENETIC SURRO-
 GATE who has executed a valid surrender  or  consent  to  the  adoption,
 nothing  in this section shall empower a court to make any award that it
 would not otherwise be empowered to direct.
   § 7. Section 4135 of the public health law, subdivision 1  as  amended
 by  chapter 201 of the laws of 1972, subdivision 2 as amended by chapter
 398 of the laws of 1997 and subdivision 3 as added by chapter 342 of the
 laws of 1980, is amended to read as follows:
   § 4135. Birth certificate; child born out of  wedlock.  1.  (a)  There
 shall  be  no  specific statement on the birth certificate as to whether
 the child is born in wedlock or out of wedlock or as to the marital name
 or status of the mother.
   (b) The phrase "child born out of wedlock" when used in this  article,
 refers to a child whose father is not its mother's husband.
   2.  The  name  of the [putative] ALLEGED father of a child born out of
 wedlock shall not be entered on the certificate of birth prior to filing
 without (i) an  acknowledgment  of  [paternity]  PARENTAGE  pursuant  to
 section  one hundred eleven-k of the social services law or section four
 thousand one hundred thirty-five-b of this article executed by both  the

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 mother  and  [putative]  ALLEGED  father,  and  filed with the record of
 birth; or (ii) notification having been received  by,  or  proper  proof
 having  been  filed with, the record of birth by the clerk of a court of
 competent jurisdiction or the parents, or their attorneys of a judgment,
 order or decree relating to parentage.
   3.  Orders  relating  to  parentage  shall be held confidential by the
 commissioner and shall not be released or otherwise divulged  except  by
 order of a court of competent jurisdiction.
   §  8.  Section 4135-b of the public health law, as added by chapter 59
 of the laws of 1993, subdivisions 1 and 2 as amended by chapter  402  of
 the  laws  of  2013,  and subdivision 3 as amended by chapter 170 of the
 laws of 1994, is amended to read as follows:
   § 4135-b. Voluntary acknowledgments of [paternity; child born  out  of
 wedlock]  PARENTAGE.  1.  (a)  Immediately  preceding  or  following the
 in-hospital birth of a child to an unmarried  [woman]  PERSON  OR  TO  A
 PERSON   WHO   GAVE   BIRTH   TO  A  CHILD  CONCEIVED  THROUGH  ASSISTED
 REPRODUCTION, the person in charge of such hospital or his or her desig-
 nated representative shall provide to the [child's mother  and  putative
 father]  UNMARRIED  PERSON  WHO  GAVE BIRTH TO THE CHILD AND THE ALLEGED
 GENETIC PARENT, if such [father] ALLEGED GENETIC PARENT IS READILY IDEN-
 TIFIABLE AND AVAILABLE, OR TO THE PERSON WHO GAVE BIRTH  AND  THE  OTHER
 INTENDED  PARENT  OF  A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION IF
 SUCH PERSON is readily identifiable and  available,  the  documents  and
 written  instructions  necessary for such [mother] PERSON OR TO A PERSON
 WHO GAVE BIRTH TO A CHILD CONCEIVED THROUGH  ASSISTED  REPRODUCTION  and
 [putative  father]  ALLEGED  PERSONS  to  complete  an acknowledgment of
 [paternity] PARENTAGE witnessed by two persons not related to the signa-
 tory. Such acknowledgment, if  signed  by  both  parties,  at  any  time
 following the birth of a child, shall be filed with the registrar at the
 same  time at which the certificate of live birth is filed, if possible,
 or anytime thereafter. Nothing herein shall be  deemed  to  require  the
 person  in charge of such hospital or his or her designee to seek out or
 otherwise locate [a  putative  father]  AN  ALLEGED  GENETIC  PARENT  OR
 INTENDED  PARENT  OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION who
 is not readily identifiable or available.
   (B) THE FOLLOWING PERSONS MAY SIGN AN ACKNOWLEDGMENT OF  PARENTAGE  TO
 ESTABLISH THE PARENTAGE OF THE CHILD:
   (I) AN UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND ANOTHER PERSON
 WHO IS A GENETIC PARENT.
   (II)  A  MARRIED  OR  UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND
 ANOTHER PERSON WHO IS AN INTENDED PARENT UNDER SECTION  581-303  OF  THE
 FAMILY COURT ACT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION.
   (C)  AN ACKNOWLEDGMENT OF PARENTAGE SHALL BE IN A RECORD SIGNED BY THE
 PERSON WHO GAVE BIRTH TO THE CHILD AND  BY  EITHER  THE  GENETIC  PARENT
 OTHER  THAN  THE PERSON WHO GAVE BIRTH TO THE CHILD OR A PERSON WHO IS A
 PARENT UNDER SECTION 581-303 OF  THE  FAMILY  COURT  ACT  OF  THE  CHILD
 CONCEIVED THROUGH ASSISTED REPRODUCTION.
   (D) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
 ANY OF THE FOLLOWING ARE TRUE:
   (I)  A  PERSON  OTHER THAN THE SIGNATORIES IS A PRESUMED PARENT OF THE
 CHILD UNDER SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
   (II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
   (III) ANOTHER PERSON HAS SIGNED A VALID  ACKNOWLEDGMENT  OF  PARENTAGE
 WITH REGARD TO THE CHILD;
   (IV)  THE CHILD HAS A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT
 ACT OTHER THAN THE SIGNATORIES;

 S. 7506--B                         65                         A. 9506--B
 
   (V) A SIGNATORY IS A GAMETE DONOR UNDER SECTION 581-302 OF THE  FAMILY
 COURT ACT;
   (VI)  THE  ACKNOWLEDGMENT  IS SIGNED BY A PERSON WHO ASSERTS THAT THEY
 ARE A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT  OF  A  CHILD
 CONCEIVED THROUGH ASSISTED REPRODUCTION, BUT THE CHILD WAS NOT CONCEIVED
 THROUGH ASSISTED REPRODUCTION.
   (E)  The  acknowledgment  shall  be executed on a form provided by the
 commissioner developed in consultation with  the  [appropriate]  commis-
 sioner  of the [department of family assistance] OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE, which shall:  (I)  include  the  social  security
 number  of the [mother and of the putative father and] SIGNATORIES; (II)
 provide in plain language [(i)] (A) a statement by the  [mother]  PERSON
 WHO  GAVE BIRTH TO THE CHILD consenting to the acknowledgment of [pater-
 nity] PARENTAGE and a statement that the [putative father] OTHER  SIGNA-
 TORY  is  the  only  possible  [father] OTHER GENETIC PARENT OR THAT THE
 OTHER SIGNATORY IS AN  INTENDED  PARENT  AND  THE  CHILD  WAS  CONCEIVED
 THROUGH  ASSISTED  REPRODUCTION, [(ii)] (B) a statement by the [putative
 father], ALLEGED GENETIC PARENT, IF ANY, that he OR SHE is the  [biolog-
 ical  father]  GENETIC  PARENT of the child, and [(iii)] (C) a statement
 that the signing of the acknowledgment of [paternity] PARENTAGE by  both
 parties shall have the same force and effect as an order of PARENTAGE OR
 filiation  entered  after a court hearing by a court of competent juris-
 diction, including an obligation to provide support for the child except
 that, only if filed with the registrar of  the  district  in  which  the
 birth  certificate  has  been  filed,  will the acknowledgment have such
 force and effect with respect to inheritance rights; AND  (III)  INCLUDE
 THE NAME AND ADDRESS, IF KNOWN, OF ANY GAMETE DONORS.
   [(b)]  (F)  Prior to the execution of an acknowledgment of [paternity]
 PARENTAGE, the [mother] PERSON WHO GAVE  BIRTH  TO  THE  CHILD  and  the
 [putative father] OTHER SIGNATORY shall be provided orally, which may be
 through  the  use  of audio or video equipment, and in writing with such
 information as is required pursuant to  this  section  with  respect  to
 their  rights and the consequences of signing a voluntary acknowledgment
 of [paternity] PARENTAGE including, but not limited to:
   (i) that the signing of the acknowledgment  of  [paternity]  PARENTAGE
 shall  establish  the  [paternity] PARENTAGE of the child and shall have
 the same force and effect as an order of [paternity] PARENTAGE or filia-
 tion issued by a court of competent jurisdiction establishing  the  duty
 of both parties to provide support for the child;
   (ii) that if such an acknowledgment is not made, the [putative father]
 SIGNATORY  OTHER THAN THE PERSON WHO GAVE BIRTH TO THE CHILD can be held
 liable for support only if the family court, after a hearing,  makes  an
 order declaring that the [putative father] PERSON is the [father] PARENT
 of  the child whereupon the court may make an order of support which may
 be retroactive to the birth of the child;
   (iii) that if made a respondent in a proceeding to establish [paterni-
 ty] PARENTAGE the [putative father] SIGNATORY OTHER THAN THE PERSON  WHO
 GAVE  BIRTH  TO  THE  CHILD  has a right to free legal representation if
 indigent;
   (iv) that [the putative father] AN ALLEGED GENETIC PARENT has a  right
 to a genetic marker test or to a DNA test when available;
   (v)  that  by  executing  the  acknowledgment,  the  [putative father]
 ALLEGED GENETIC PARENT waives [his] THEIR right to a hearing,  to  which
 [he]  THEY  would  otherwise  be  entitled,  on the issue of [paternity]
 PARENTAGE;

 S. 7506--B                         66                         A. 9506--B
 
   (vi) that a copy of the acknowledgment of [paternity] PARENTAGE  shall
 be  filed  with  the [putative father] registry [pursuant to] CREATED BY
 section three hundred seventy-two-c of the social services law, and that
 such filing may establish the child's  right  to  inheritance  from  the
 [putative father] ALLEGED GENETIC PARENT OR THE OTHER INTENDED PARENT OF
 A  CHILD  CONCEIVED THROUGH ASSISTED REPRODUCTION pursuant to clause (B)
 of subparagraph two of paragraph (a) of section 4-1.2  of  the  estates,
 powers and trusts law;
   (vii)  that, if such acknowledgment is filed with the registrar of the
 district in which the birth certificate has been filed, such acknowledg-
 ment will  establish  inheritance  rights  from  the  [putative  father]
 ALLEGED GENETIC PARENT OR THE OTHER INTENDED PARENT OF A CHILD CONCEIVED
 THROUGH ASSISTED REPRODUCTION pursuant to clause (A) of subparagraph two
 of paragraph (a) of section 4-1.2 of the estates, powers and trusts law;
   (viii)  that  no  further  judicial  or administrative proceedings are
 required to ratify an unchallenged acknowledgment of [paternity] PARENT-
 AGE provided, however, that:
   (A) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
 attained the age of eighteen at the time of execution of the acknowledg-
 ment, shall have the right to  rescind  the  acknowledgment  within  the
 earlier of sixty days from the date of signing the acknowledgment or the
 date  of  an administrative or a judicial proceeding (including, but not
 limited to, a proceeding to establish a support order) relating  to  the
 child  in  which the signatory is a party, provided that the "date of an
 administrative or a judicial proceeding" shall be the date by which  the
 respondent is required to answer the petition;
   (B) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
 not  attained  the  age  of  eighteen  at  the  time of execution of the
 acknowledgment, shall have  the  right  to  rescind  the  acknowledgment
 anytime  up  to  sixty  days  after the signatory's attaining the age of
 eighteen years or sixty days after the date on which the  respondent  is
 required to answer a petition (including, but not limited to, a petition
 to establish a support order) relating to the child, whichever is earli-
 er; provided, however, that the signatory must have been advised at such
 proceeding of his or her right to file a petition to vacate the acknowl-
 edgment within sixty days of the date of such proceeding;
   (ix) that after the expiration of the time limits set forth in clauses
 (A)  and (B) of subparagraph (viii) of this paragraph, any of the signa-
 tories may challenge the  acknowledgment  of  [paternity]  PARENTAGE  in
 court  only  on the basis of fraud, duress, or material mistake of fact,
 with the burden of proof on the party challenging the voluntary acknowl-
 edgment;
   (x) that the [putative father and mother] PERSON WHO GAVE BIRTH TO THE
 CHILD AND THE OTHER SIGNATORY may wish to consult with attorneys  before
 executing the acknowledgment; and that they have the right to seek legal
 representation  and  supportive  services including counseling regarding
 such acknowledgment;
   (xi) that the acknowledgment of [paternity] PARENTAGE may be the basis
 for the [putative father] SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH
 TO THE CHILD establishing custody and visitation rights to the child and
 for requiring the [putative father's] consent  OF  THE  SIGNATORY  OTHER
 THAN  THE  PERSON  WHO  GAVE  BIRTH  TO  THE  CHILD prior to an adoption
 proceeding;
   (xii) that the [mother's] refusal OF THE PERSON WHO GAVE BIRTH TO  THE
 CHILD  to sign the acknowledgment shall not be deemed a failure to coop-
 erate in establishing [paternity for] PARENTAGE OF the child; and

 S. 7506--B                         67                         A. 9506--B
 
   (xiii) that the child may bear the last name of either parent, OR  ANY
 COMBINATION THEREOF, which name shall not affect the legal status of the
 child.
 In  addition,  the governing body of such hospital shall [insure] ENSURE
 that appropriate staff shall provide to the [child's mother and putative
 father] PERSON WHO GAVE BIRTH TO THE  CHILD  AND  THE  OTHER  SIGNATORY,
 prior  to  the  [mother's] discharge from the hospital OF THE PERSON WHO
 GAVE BIRTH TO THE CHILD, the opportunity to speak with hospital staff to
 obtain clarifying information  and  answers  to  their  questions  about
 [paternity]  PARENTAGE  establishment,  and shall also provide the tele-
 phone number of the local support collection unit.
   [(c)] (G) Within ten days after receiving the  certificate  of  birth,
 the registrar shall furnish without charge to each parent or guardian of
 the child or to the [mother] PERSON WHO GAVE BIRTH at the address desig-
 nated  by  her  for that purpose, a certified copy of the certificate of
 birth and, if applicable, a certified copy of the written acknowledgment
 of [paternity] PARENTAGE.  If the [mother] PERSON WHO GAVE BIRTH  is  in
 receipt of child support enforcement services pursuant to title six-A of
 article  three  of  the  social  services  law, the registrar also shall
 furnish without charge a certified copy of the certificate of birth and,
 if applicable, a certified copy of the written acknowledgment of [pater-
 nity] PARENTAGE to the social services district  of  the  county  within
 which the [mother] PERSON WHO GAVE BIRTH resides.
   2.  (a) When a child's [paternity] PARENTAGE is acknowledged voluntar-
 ily pursuant to section one hundred eleven-k of the social services law,
 the social services official shall file the executed acknowledgment with
 the registrar of the district in which the birth occurred and  in  which
 the birth certificate has been filed.
   (b)  Where  a  child's [paternity] PARENTAGE has not been acknowledged
 voluntarily pursuant to paragraph (a) of subdivision one of this section
 or paragraph (a) of this subdivision, the [child's mother and the  puta-
 tive  father] PERSON WHO GAVE BIRTH TO THE CHILD AND THE OTHER SIGNATORY
 may voluntarily acknowledge a child's [paternity] PARENTAGE pursuant  to
 this paragraph by signing the acknowledgment of [paternity] PARENTAGE.
   (c) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
 attained the age of eighteen at the time of execution of the acknowledg-
 ment  shall  have  the  right  to  rescind the acknowledgment within the
 earlier of sixty days from the date of signing the acknowledgment or the
 date of an administrative or a judicial proceeding (including,  but  not
 limited  to,  a proceeding to establish a support order) relating to the
 child in which either signatory is a party; provided that  for  purposes
 of  this  section, the "date of an administrative or a judicial proceed-
 ing" shall be the date by which the respondent is required to answer the
 petition.
   (d) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
 not attained the age of  eighteen  at  the  time  of  execution  of  the
 acknowledgment,  shall  have  the  right  to  rescind the acknowledgment
 anytime up to sixty days after the  signatory's  attaining  the  age  of
 eighteen  years  or sixty days after the date on which the respondent is
 required to answer a petition (including, but not limited to, a petition
 to establish a support order) relating to the child in which the  signa-
 tory  is  a  party,  whichever  is  earlier; provided, however, that the
 signatory must have been advised at such proceeding of his or her  right
 to file a petition to vacate the acknowledgment within sixty days of the
 date of such proceeding.

 S. 7506--B                         68                         A. 9506--B
 
   (e)  After  the  expiration of the time limits set forth in paragraphs
 (c) and (d) of this subdivision, any of the  signatories  may  challenge
 the  acknowledgment  of [paternity] PARENTAGE in court only on the basis
 of fraud, duress, or material mistake of fact, with the burden of  proof
 on  the  party challenging the voluntary acknowledgment. The acknowledg-
 ment shall have full force and effect once so signed. The original or  a
 copy  of  the  acknowledgment  shall  be filed with the registrar of the
 district in which the birth certificate has been filed.
   3. (a) An acknowledgment of [paternity]  PARENTAGE  executed  by  [the
 mother  and father of a child born out of wedlock] ANY TWO PEOPLE ELIGI-
 BLE TO SIGN SUCH AN ACKNOWLEDGMENT UNDER PARAGRAPH  (B)  OF  SUBDIVISION
 ONE OF THIS SECTION, MARRIED OR UNMARRIED, shall establish the [paterni-
 ty]  PARENTAGE of a child and shall have the same force and effect as an
 order of [paternity] PARENTAGE or filiation issued by a court of  compe-
 tent  jurisdiction.  Such acknowledgement shall thereafter be filed with
 the registrar pursuant to subdivision one or two of this section.
   (b) A registrar with whom an acknowledgment of  [paternity]  PARENTAGE
 has  been filed pursuant to subdivision one or two of this section shall
 file the acknowledgment with the state department  of  health  [and  the
 putative  father  registry],  THE NEW YORK CITY DEPARTMENT OF HEALTH AND
 MENTAL HYGIENE AND THE REGISTRY OPERATED BY  THE  DEPARTMENT  OF  SOCIAL
 SERVICES  PURSUANT  TO SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL
 SERVICES LAW. IF THE ACKNOWLEDGMENT INCLUDES THE NAME AND ADDRESS OF ANY
 KNOWN GAMETE DONORS OF A CHILD CONCEIVED THROUGH ASSISTED  REPRODUCTION,
 THE STATE DEPARTMENT OF HEALTH OR THE NEW YORK CITY DEPARTMENT OF HEALTH
 AND  MENTAL  HYGIENE SHALL MAIL A COPY TO THE KNOWN DONORS LISTED ON THE
 FORM WITH THE SOCIAL SECURITY NUMBERS OF THE SIGNATORIES REDACTED.
   4. THE COURT SHALL GIVE FULL FAITH AND CREDIT TO AN ACKNOWLEDGMENT  OF
 PARENTAGE  EFFECTIVE  IN  ANOTHER  STATE  IF THE ACKNOWLEDGMENT WAS IN A
 SIGNED RECORD AND OTHERWISE COMPLIES WITH THE LAW OF THE OTHER STATE.
   5. A new certificate of birth shall be issued if  the  certificate  of
 birth of [a] THE child [born out of wedlock] as defined in paragraph (b)
 of  subdivision  one of section four thousand one hundred thirty-five of
 this article has been filed without entry of the name  of  the  [father]
 SIGNATORY  OTHER  THAN  THE  PERSON WHO GAVE BIRTH, and the commissioner
 thereafter receives a notarized acknowledgment of [paternity]  PARENTAGE
 accompanied  by  the written consent of the [putative father and mother]
 PERSON WHO GAVE BIRTH TO THE CHILD AND OTHER SIGNATORY to the  entry  of
 the  name of such [father] PERSON, which consent may also be to a change
 in the surname of the child.
   6. ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF  THIS
 STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF PARENTAGE SIGNED
 PURSUANT  TO THIS SECTION OR SIGNED IN ANOTHER STATE CONSISTENT WITH THE
 LAW OF THAT STATE.
   § 9.  Paragraph (e) of subdivision 1 of section  4138  of  the  public
 health law, as amended by chapter 214 of the laws of 1998, is amended to
 read as follows:
   (e) the certificate of birth of a child born out of wedlock as defined
 in paragraph (b) of subdivision one of section four thousand one hundred
 thirty-five  of this article has been filed without entry of the name of
 the [father] SIGNATORY OTHER THAN THE PERSON  WHO  GAVE  BIRTH  and  the
 commissioner  thereafter  receives  the  acknowledgment  of  [paternity]
 PARENTAGE pursuant  to  section  one  hundred  eleven-k  of  the  social
 services  law or section four thousand one hundred thirty-five-b of this
 article executed by the [putative father and  mother]  PERSON  WHO  GAVE
 BIRTH  AND THE OTHER SIGNATORY which authorizes the entry of the name of

 S. 7506--B                         69                         A. 9506--B
 
 such [father] OTHER SIGNATORY, and which may also authorize a conforming
 change in the surname of the child.
   §  10. The article heading of article 8 of the domestic relations law,
 as added by chapter 308 of the laws of  1992,  is  amended  to  read  as
 follows:
                   GENETIC SURROGATE PARENTING CONTRACTS
   §  11.  The general business law is amended by adding a new article 44
 to read as follows:
 
                                ARTICLE 44
               REGULATION OF SURROGACY PROGRAMS AND ASSISTED
                      REPRODUCTION SERVICE PROVIDERS
 SECTION 1400. DEFINITIONS.
         1401. SURROGACY PROGRAMS REGULATED UNDER THIS ARTICLE.
         1402. ASSISTED REPRODUCTION SERVICE  PROVIDERS  REGULATED  UNDER
                 THIS ARTICLE.
         1403. CONFLICTS  OF  INTEREST; PROHIBITION ON PAYMENTS; FUNDS IN
                 ESCROW; LICENSURE; NOTICE OF SURROGATES' BILL OF RIGHTS.
         1404. REGULATIONS.
   § 1400. DEFINITIONS. AS USED IN THIS SECTION:
   (A) THE DEFINITIONS IN SECTION 581-102 OF THE FAMILY COURT  ACT  SHALL
 APPLY.
   (B)  "PAYMENT"  MEANS ANY TYPE OF MONETARY COMPENSATION OR OTHER VALU-
 ABLE CONSIDERATION INCLUDING  BUT  NOT  LIMITED  TO  A  REBATE,  REFUND,
 COMMISSION,  UNEARNED  DISCOUNT,  OR  PROFIT BY MEANS OF CREDIT OR OTHER
 VALUABLE CONSIDERATION.
   (C) "SURROGACY PROGRAM" DOES NOT INCLUDE  ANY  PARTY  TO  A  SURROGACY
 AGREEMENT  OR  ANY  PERSON  LICENSED  TO PRACTICE LAW AND REPRESENTING A
 PARTY TO THE SURROGACY AGREEMENT, BUT DOES INCLUDE AND IS NOT LIMITED TO
 ANY AGENCY, AGENT, BUSINESS, OR INDIVIDUAL  ENGAGED  IN,  ARRANGING,  OR
 FACILITATING TRANSACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT, REGARD-
 LESS OF WHETHER SUCH AGREEMENT ULTIMATELY COMPORTS WITH THE REQUIREMENTS
 OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
   § 1401. SURROGACY   PROGRAMS   REGULATED   UNDER   THIS  ARTICLE.  THE
 PROVISIONS OF THIS ARTICLE APPLY  TO  SURROGACY  PROGRAMS  ARRANGING  OR
 FACILITATING  TRANSACTIONS  CONTEMPLATED  BY A SURROGACY AGREEMENT UNDER
 PART FOUR OF ARTICLE FIVE-C OF THE FAMILY COURT ACT IF:
   (A) THE SURROGACY PROGRAM DOES BUSINESS IN NEW YORK STATE;
   (B) A PERSON ACTING AS SURROGATE WHO IS PARTY TO A SURROGACY AGREEMENT
 RESIDES IN NEW YORK STATE DURING THE TERM OF THE SURROGACY AGREEMENT; OR
   (C) ANY MEDICAL PROCEDURES UNDER THE SURROGACY AGREEMENT ARE PERFORMED
 IN NEW YORK STATE.
   § 1402. ASSISTED REPRODUCTION SERVICE PROVIDERS REGULATED  UNDER  THIS
 ARTICLE.  THE  PROVISIONS OF THIS ARTICLE APPLY TO AGENTS, GAMETE BANKS,
 FERTILITY CLINICS, AND OTHER ENTITIES IF:
   1. THE AGENT, GAMETE BANK, FERTILITY  CLINIC,  OR  OTHER  ENTITY  DOES
 BUSINESS IN THIS STATE; OR
   2.  ANY HEALTH CARE SERVICES PERFORMED, PROVIDED OR OTHERWISE ARRANGED
 BY THE ENTITY ARE PERFORMED IN THIS STATE.
   § 1403. CONFLICTS OF  INTEREST;  PROHIBITION  ON  PAYMENTS;  FUNDS  IN
 ESCROW;  LICENSURE;  NOTICE  OF SURROGATES' BILL OF RIGHTS.  A SURROGACY
 PROGRAM TO WHICH THIS ARTICLE APPLIES:
   (A) SHALL KEEP ALL FUNDS PAID BY OR ON BEHALF OF THE  INTENDED  PARENT
 OR  PARENTS  IN  AN ESCROW ACCOUNT SEPARATE FROM ITS OPERATING ACCOUNTS;
 AND

 S. 7506--B                         70                         A. 9506--B
 
   (B) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR  INDIRECTLY,
 BY ANY ATTORNEY REPRESENTING A PARTY TO THE SURROGACY AGREEMENT; AND
   (C) MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
 ANY  PERSON  LICENSED  TO  PRACTICE  LAW AND REPRESENTING A PARTY TO THE
 SURROGACY AGREEMENT IN CONNECTION WITH THE REFERRAL  OF  ANY  PERSON  OR
 PARTY FOR THE PURPOSE OF A SURROGACY AGREEMENT; AND
   (D) MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
 ANY  HEALTH  CARE  PROVIDER  PROVIDING  ANY  HEALTH  SERVICES, INCLUDING
 ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT; AND
   (E) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR  INDIRECTLY,
 BY  ANY  HEALTH  CARE  PROVIDER PROVIDING ANY HEALTH SERVICES, INCLUDING
 ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT; AND
   (F) SHALL BE LICENSED TO OPERATE IN NEW YORK STATE PURSUANT  TO  REGU-
 LATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE
 DEPARTMENT  OF FINANCIAL SERVICES, ONCE SUCH REGULATIONS ARE PROMULGATED
 AND BECOME EFFECTIVE; AND
   (G) SHALL ENSURE THAT ALL POTENTIAL PARTIES TO A SURROGACY  AGREEMENT,
 AT  THE  TIME  OF CONSULTATION WITH SUCH SURROGACY PROGRAM, ARE PROVIDED
 WITH WRITTEN NOTICE OF THE SURROGATES' BILL OF RIGHTS ENUMERATED IN PART
 SIX OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
   § 1404. REGULATIONS. 1. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
 THE DEPARTMENT OF FINANCIAL SERVICES, SHALL PROMULGATE RULES  AND  REGU-
 LATIONS TO IMPLEMENT THE REQUIREMENTS OF THIS ARTICLE REGARDING SURROGA-
 CY PROGRAMS AND ASSISTED REPRODUCTION SERVICE PROVIDERS IN A MANNER THAT
 ENSURES THE SAFETY AND HEALTH OF GAMETE PROVIDERS AND PERSONS SERVING AS
 SURROGATES. SUCH REGULATIONS SHALL:
   (A)  REQUIRE  SURROGACY  PROGRAMS TO MONITOR COMPLIANCE WITH SURROGACY
 AGREEMENTS ELIGIBILITY AND REQUIREMENTS IN STATE LAW; AND
   (B) REQUIRE THE SURROGACY PROGRAMS AND ASSISTED  REPRODUCTION  SERVICE
 PROVIDERS  TO  ADMINISTER  INFORMED  CONSENT PROCEDURES THAT COMPLY WITH
 REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH UNDER SECTION  TWEN-
 TY-FIVE HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW.
   2.  THE  DEPARTMENT OF HEALTH SHALL ANNUALLY REPORT TO THE LEGISLATURE
 REGARDING THE PRACTICES OF SURROGACY PROGRAMS AND ASSISTED  REPRODUCTION
 SERVICE PROVIDERS AND ALL BUSINESS TRANSACTIONS RELATED TO SURROGACY AND
 GAMETE  PROVISION IN NEW YORK STATE, WITH RECOMMENDATIONS FOR ANY NECES-
 SARY AMENDMENTS TO THIS ARTICLE.
   § 12. The public health law is amended by adding a new article 25-B to
 read as follows:
                               ARTICLE 25-B
                           GESTATIONAL SURROGACY
 SECTION 2599-CC. GESTATIONAL SURROGACY.
   § 2599-CC. GESTATIONAL SURROGACY. 1. THE COMMISSIONER SHALL PROMULGATE
 REGULATIONS ON THE PRACTICE OF GESTATIONAL SURROGACY.  SUCH  REGULATIONS
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  GUIDELINES  AND  PROCEDURES  FOR OBTAINING FULLY INFORMED CONSENT
 FROM POTENTIAL PERSONS ACTING AS SURROGATES, INCLUDING BUT  NOT  LIMITED
 TO  A  FULL DISCLOSURE OF ANY KNOWN OR POTENTIAL HEALTH RISKS AND MENTAL
 HEALTH IMPACTS ASSOCIATED WITH ACTING AS A SURROGATE;
   (B) THE DEVELOPMENT AND DISTRIBUTION,  IN  PRINTED  FORM  AND  ON  THE
 DEPARTMENT'S  WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO GESTATIONAL
 SURROGACY;
   (C) THE ESTABLISHMENT OF A  VOLUNTARY  CENTRAL  TRACKING  REGISTRY  OF
 PERSONS ACTING AS SURROGATES, AS REPORTED BY SURROGACY PROGRAMS LICENSED
 BY THE DEPARTMENT PURSUANT TO ARTICLE FORTY-FOUR OF THE GENERAL BUSINESS
 LAW  UPON  THE AFFIRMATIVE CONSENT OF A PERSON ACTING AS SURROGATE. SUCH

 S. 7506--B                         71                         A. 9506--B
 
 REGISTRY SHALL PROVIDE A MEANS FOR GATHERING  AND  MAINTAINING  ACCURATE
 INFORMATION ON THE:
   (I) NUMBER OF TIMES A PERSON HAS ACTED AS A SURROGATE;
   (II) HEALTH INFORMATION OF THE PERSON ACTING AS SURROGATE; AND
   (III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER;
   (D) THE DEVELOPMENT OF GUIDELINES, PROCEDURES OR PROTOCOLS, IN CONSUL-
 TATION  WITH THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS AND
 THE AMERICAN SOCIETY FOR REPRODUCTIVE MEDICINE, TO ASSIST PHYSICIANS  IN
 SCREENING POTENTIAL SURROGATES FOR THEIR ABILITY TO SERVE AS A SURROGATE
 AS  REQUIRED  UNDER  SUBDIVISION  FOUR  OF SECTION 581-402 OF THE FAMILY
 COURT ACT INCLUDING TAKING INTO CONSIDERATION THE  POTENTIAL  SURROGATES
 FAMILY  MEDICAL  HISTORY  AND  COMPLICATIONS  FROM PRIOR PREGNANCIES AND
 KNOWN HEALTH CONDITIONS THAT MAY POSE A RISK TO THE POTENTIAL  SURROGATE
 DURING PREGNANCY; AND
   (E)  THE DEVELOPMENT OF GUIDANCE TO REDUCE CONFLICTS OF INTEREST AMONG
 PHYSICIANS PROVIDING HEALTH CARE SERVICES TO THE SURROGATE.
   2. ALL SUCH REGULATIONS SHALL MAINTAIN THE  ANONYMITY  OF  THE  PERSON
 ACTING  AS  SURROGATE  AND  ANY RESULTING OFFSPRING AND GOVERN ACCESS TO
 INFORMATION MAINTAINED BY THE REGISTRY.  SUCH REGISTRY SHALL COMPLY WITH
 ALL STATE AND FEDERAL LAWS AND REGULATIONS RELATED  TO  MAINTAINING  THE
 PRIVACY AND CONFIDENTIALITY OF RECORDS CONTAINED WITH THE REGISTRY.
   §  13.  Subdivisions  4,  5,  6, 7 and 8 of section 4365 of the public
 health law are renumbered subdivisions 5, 6, 7, 8 and 9 and a new subdi-
 vision 4 is added to read as follows:
   4. THE COMMISSIONER, IN  CONSULTATION  WITH  THE  TRANSPLANT  COUNCIL,
 SHALL  PROMULGATE  REGULATIONS  ON THE DONATION OF OVA. SUCH REGULATIONS
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) GUIDELINES AND PROCEDURES FOR  OBTAINING  FULLY  INFORMED  CONSENT
 FROM POTENTIAL DONORS, INCLUDING BUT NOT LIMITED TO A FULL DISCLOSURE OF
 ANY KNOWN OR POTENTIAL HEALTH RISKS OF THE OVA DONATION PROCESS;
   (B)  THE  DEVELOPMENT  AND  DISTRIBUTION,  IN  PRINTED FORM AND ON THE
 DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO THE DONATION
 OF OVA;
   (C) THE ESTABLISHMENT OF A VOLUNTARY CENTRAL TRACKING REGISTRY OF  OVA
 DONOR  INFORMATION, AS REPORTED BY BANKS AND STORAGE FACILITIES LICENSED
 PURSUANT TO THIS ARTICLE UPON THE AFFIRMATIVE CONSENT OF AN  OVA  DONOR.
 SUCH  REGISTRY SHALL PROVIDE A MEANS FOR GATHERING AND MAINTAINING ACCU-
 RATE INFORMATION ON THE:
   (I) NUMBER OF OVA AND THE NUMBER OF TIMES OVA HAVE BEEN DONATED FROM A
 SINGLE DONOR;
   (II) HEALTH INFORMATION OF THE DONOR AT THE TIME OF THE DONATION; AND
   (III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
   IN ADDITION, ALL SUCH REGULATIONS SHALL MAINTAIN THE ANONYMITY OF  THE
 DONOR AND ANY RESULTING OFFSPRING AND GOVERN ACCESS TO INFORMATION MAIN-
 TAINED  BY  THE REGISTRY.  SUCH REGISTRY SHALL COMPLY WITH ALL STATE AND
 FEDERAL LAWS AND REGULATIONS RELATED  TO  MAINTAINING  THE  PRIVACY  AND
 CONFIDENTIALITY OF RECORDS CONTAINED WITHIN THE REGISTRY; AND
   (D)  THE DEVELOPMENT OF BEST PRACTICES AND PROCEDURES, IN CONSULTATION
 WITH THE AMERICAN COLLEGE OF OBSTETRICIANS AND  GYNECOLOGISTS,  AMERICAN
 SOCIETY  FOR  REPRODUCTIVE MEDICINE AND OTHER MEDICAL ORGANIZATIONS, FOR
 OVA  DONATION,  OVA  RETRIEVAL,  AND  IN  VITRO  FERTILIZATION  FOR  THE
 PROTECTION OF THE HEALTH AND SAFETY OF THE DONOR.
   §  14.  Paragraph  (a)  of  subdivision 1 of section 440 of the family
 court act, as amended by chapter 398 of the laws of 1997, is amended  to
 read as follows:

 S. 7506--B                         72                         A. 9506--B
 
   (a)    Any support order made by the court in any proceeding under the
 provisions of article five-B of this act, pursuant to a  reference  from
 the  supreme  court  under section two hundred fifty-one of the domestic
 relations law or under the provisions of article four, five or five-A of
 this  act  (i)  shall  direct that payments of child support or combined
 child and spousal support collected on behalf of persons in  receipt  of
 services pursuant to section one hundred eleven-g of the social services
 law,  or on behalf of persons in receipt of public assistance be made to
 the  support  collection  unit  designated  by  the  appropriate  social
 services  district,  which  shall receive and disburse funds so paid; or
 (ii) shall be enforced pursuant to subdivision (c) of section five thou-
 sand two hundred forty-two of the civil practice law and  rules  at  the
 same  time that the court issues an order of support; and (iii) shall in
 either case, except as provided for  herein,  be  effective  as  of  the
 earlier  of  the date of the filing of the petition therefor, or, if the
 children for whom support is sought are in receipt of public assistance,
 the date for which their eligibility for public  assistance  was  effec-
 tive.     Any  retroactive  amount  of  support  due  shall  be  support
 arrears/past due support and shall be paid in one sum or periodic  sums,
 as the court directs, and any amount of temporary support which has been
 paid to be taken into account in calculating any amount of such retroac-
 tive  support due.  In addition, such retroactive child support shall be
 enforceable in any manner provided by law including, but not limited to,
 an execution for support enforcement  pursuant  to  subdivision  (b)  of
 section fifty-two hundred forty-one of the civil practice law and rules.
 When  a child receiving support is a public assistance recipient, or the
 order of support is being enforced or is  to  be  enforced  pursuant  to
 section one hundred eleven-g of the social services law, the court shall
 establish the amount of retroactive child support and notify the parties
 that such amount shall be enforced by the support collection unit pursu-
 ant  to an execution for support enforcement as provided for in subdivi-
 sion (b) of section fifty-two hundred forty-one of  the  civil  practice
 law  and  rules, or in such periodic payments as would have been author-
 ized had such an execution been issued.  In such case, the  court  shall
 not direct the schedule of repayment of retroactive support.  Where such
 direction is for child support and [paternity] PARENTAGE has been estab-
 lished by a voluntary acknowledgment of [paternity] PARENTAGE as defined
 in section forty-one hundred thirty-five-b of the public health law, the
 court  shall  inquire of the parties whether the acknowledgment has been
 duly filed, and unless satisfied that it has been so filed shall require
 the clerk of the court to file such acknowledgment with the  appropriate
 registrar  within  five business days.   The court shall not direct that
 support payments be made to  the  support  collection  unit  unless  the
 child,  who is the subject of the order, is in receipt of public assist-
 ance or child support services pursuant to section one hundred  eleven-g
 of  the social services law.  Any such order shall be enforceable pursu-
 ant to section fifty-two hundred forty-one or fifty-two  hundred  forty-
 two of the civil practice law and rules, or in any other manner provided
 by  law.    Such  orders  or judgments for child support and maintenance
 shall also be enforceable pursuant to article  fifty-two  of  the  civil
 practice  law  and rules upon a debtor's default as such term is defined
 in paragraph seven of  subdivision  (a)  of  section  fifty-two  hundred
 forty-one  of  the civil practice law and rules.  The establishment of a
 default shall be subject to the procedures established for the  determi-
 nation  of  a mistake of fact for income executions pursuant to subdivi-
 sion (e) of section fifty-two hundred forty-one of  the  civil  practice

 S. 7506--B                         73                         A. 9506--B
 
 law  and  rules. For the purposes of enforcement of child support orders
 or combined spousal and child support orders pursuant  to  section  five
 thousand  two  hundred  forty-one of the civil practice law and rules, a
 "default"  shall  be  deemed to include amounts arising from retroactive
 support.  Where permitted under federal law and where the record of  the
 proceedings  contains  such information, such order shall include on its
 face the social security number and the name and address of the  employ-
 er,  if  any,  of  the person chargeable with support provided, however,
 that failure to comply with this requirement shall not  invalidate  such
 order.
   § 15. Section 516-a of the family court act, as amended by chapter 398
 of  the laws of 1997, subdivisions (b) and (c) as amended by chapter 402
 of the laws of 2013, and subdivision (d) as amended by  chapter  343  of
 the laws of 2009, is amended to read as follows:
   §  516-a. Acknowledgment of [paternity] PARENTAGE.  (a) An acknowledg-
 ment of [paternity] PARENTAGE executed pursuant to section  one  hundred
 eleven-k of the social services law or section four thousand one hundred
 thirty-five-b  of  the public health law shall establish the [paternity]
 PARENTAGE of and liability for the support of a child pursuant  to  this
 act.  Such  acknowledgment must be reduced to writing and filed pursuant
 to section four thousand one hundred thirty-five-b of the public  health
 law  with  the registrar of the district in which the birth occurred and
 in which the birth certificate has been filed. No  further  judicial  or
 administrative  proceedings  are  required  to  ratify  an  unchallenged
 acknowledgment of [paternity] PARENTAGE.
   (b) (i) Where a signatory to an acknowledgment of [paternity]  PARENT-
 AGE  executed  pursuant  to  section  one hundred eleven-k of the social
 services law or section four thousand one hundred thirty-five-b  of  the
 public  health  law  had  attained  the  age  of eighteen at the time of
 execution of the acknowledgment, the signatory may seek to  rescind  the
 acknowledgment  by  filing  a  petition  with  the  court  to vacate the
 acknowledgment within the earlier of sixty days of the date  of  signing
 the  acknowledgment  or  the  date  of  an  administrative or a judicial
 proceeding (including, but not limited to, a proceeding to  establish  a
 support  order) relating to the child in which the signatory is a party.
 For purposes of this section, the "date of an administrative or a  judi-
 cial  proceeding"  shall be the date by which the respondent is required
 to answer the petition.
   (ii) Where a signatory to an acknowledgment of  [paternity]  PARENTAGE
 executed pursuant to section one hundred eleven-k of the social services
 law  or  section  four  thousand one hundred thirty-five-b of the public
 health law had not attained the age of eighteen at the time of execution
 of the acknowledgment, the signatory may seek to rescind the acknowledg-
 ment by filing a petition with the court to  vacate  the  acknowledgment
 anytime  up  to  sixty  days  after the signatory's attaining the age of
 eighteen years or sixty days after the date on which the  respondent  is
 required to answer a petition (including, but not limited to, a petition
 to  establish a support order) relating to the child in which the signa-
 tory is a party, whichever  is  earlier;  provided,  however,  that  the
 signatory  must have been advised at such proceeding of his or her right
 to file a petition to vacate the acknowledgment within sixty days of the
 date of such proceeding.
   (iii) Where a petition to  vacate  an  acknowledgment  of  [paternity]
 PARENTAGE  has  been  filed  in accordance with paragraph (i) or (ii) of
 this subdivision, the court shall order  genetic  marker  tests  or  DNA
 tests  for  the  determination of the child's [paternity] PARENTAGE.  No

 S. 7506--B                         74                         A. 9506--B
 
 such test shall be ordered, however, WHERE THE ACKNOWLEDGMENT WAS SIGNED
 BY THE INTENDED PARENT OF A CHILD  BORN  THROUGH  ASSISTED  REPRODUCTION
 PURSUANT  TO  SUBPARAGRAPH  (II)  OF PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION  FOUR  THOUSAND  ONE  HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH
 LAW, OR upon a written finding by the court that it is not in  the  best
 interests of the child on the basis of res judicata, equitable estoppel,
 or  the  presumption  of legitimacy of a child born to a married [woman]
 PERSON. If the court determines, following the test, that the person who
 signed the acknowledgment is the [father] PARENT of the child, the court
 shall make a finding of [paternity] PARENTAGE  and  enter  an  order  of
 [filiation]  PARENTAGE.  If  the  court  determines  that the person who
 signed the acknowledgment is not the [father] PARENT of the  child,  the
 acknowledgment shall be vacated.
   (iv)  After  the expiration of the time limits set forth in paragraphs
 (i) and (ii) of this subdivision, any of the signatories to an  acknowl-
 edgment  of  [paternity]  PARENTAGE  may challenge the acknowledgment in
 court by alleging and proving fraud,  duress,  or  material  mistake  of
 fact.  If  the petitioner proves to the court that the acknowledgment of
 [paternity] PARENTAGE was signed under fraud, duress, or due to a  mate-
 rial mistake of fact, the court shall then order genetic marker tests or
 DNA  tests  for  the determination of the child's [paternity] PARENTAGE.
 No such test shall be ordered, however,  WHERE  THE  ACKNOWLEDGMENT  WAS
 SIGNED  BY  THE INTENDED PARENT OF A CHILD BORN THROUGH ASSISTED REPROD-
 UCTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE
 OF SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF THE PUBLIC  HEALTH
 LAW,  OR  upon a written finding by the court that it is not in the best
 interests of the child on the basis of res judicata, equitable estoppel,
 or the presumption of legitimacy of a child born to  a  married  [woman]
 PERSON. If the court determines, following the test, that the person who
 signed the acknowledgment is the [father] PARENT of the child, the court
 shall  make  a  finding  of  [paternity] PARENTAGE and enter an order of
 [filiation] PARENTAGE. If the  court  determines  that  the  person  who
 signed  the  acknowledgment is not the [father] PARENT of the child, the
 acknowledgment shall be vacated.
   (v) If, at any time before or after a signatory has filed  a  petition
 to  vacate  an  acknowledgment of [paternity] PARENTAGE pursuant to this
 subdivision, the signatory dies or becomes mentally  ill  or  cannot  be
 found within the state, neither the proceeding nor the right to commence
 the  proceeding  shall abate but may be commenced or continued by any of
 the persons authorized by this article to commence a [paternity] PARENT-
 AGE proceeding.
   (c) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
 ANY OF THE FOLLOWING ARE TRUE:
   (I) A PERSON OTHER THAN THE SIGNATORIES IS A PRESUMED  PARENT  OF  THE
 CHILD PURSUANT TO SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
   (II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
   (III)  ANOTHER  PERSON  HAS SIGNED A VALID ACKNOWLEDGMENT OF PARENTAGE
 WITH REGARD TO THE CHILD;
   (IV) THE CHILD HAS A PARENT PURSUANT TO SECTION 581-303 OF THE  FAMILY
 COURT ACT OTHER THAN THE SIGNATORIES;
   (V)  A SIGNATORY IS A GAMETE DONOR UNDER SECTION 581-302 OF THE FAMILY
 COURT ACT; OR
   (VI) THE ACKNOWLEDGMENT IS SIGNED BY A PERSON WHO  ASSERTS  THAT  THEY
 ARE  A  PARENT  UNDER SECTION 581-303 OF THE FAMILY COURT ACT OF A CHILD
 CONCEIVED THROUGH ASSISTED REPRODUCTION, BUT THE CHILD WAS NOT CONCEIVED
 THROUGH ASSISTED REPRODUCTION.

 S. 7506--B                         75                         A. 9506--B
 
   (D) Neither signatory's legal obligations,  including  the  obligation
 for  child  support  arising  from  the acknowledgment, may be suspended
 during the challenge to the acknowledgment except for good cause as  the
 court  may  find. If the court vacates the acknowledgment of [paternity]
 PARENTAGE,  the  court  shall immediately provide a copy of the order to
 the registrar of the district in which the child's birth certificate  is
 filed  and  also to the putative father registry operated by the depart-
 ment of social services pursuant to section three hundred  seventy-two-c
 of  the  social services law. In addition, if the [mother] PARENT of the
 child who is the subject of the acknowledgment is in  receipt  of  child
 support  services pursuant to title six-A of article three of the social
 services law, the court shall immediately provide a copy of the order to
 the child support enforcement unit of the social services district  that
 provides the [mother] PARENT with such services.
   [(d)]  (E)  A determination of [paternity] PARENTAGE made by any other
 state, whether established through an administrative or judicial process
 or through an acknowledgment of [paternity] PARENTAGE signed in  accord-
 ance  with  that  state's  laws,  must be accorded full faith and credit
 pursuant to section 466(a)(11) of title IV-D of the social security  act
 (42 U.S.C. § 666(a)(11)).
   (F) ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
 STATE, OR ANY SIMILAR INSTRUMENT SIGNED IN ANOTHER STATE CONSISTENT WITH
 THE  LAW OF THAT STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF
 PARENTAGE EXECUTED PURSUANT TO  SECTION  ONE  HUNDRED  ELEVEN-K  OF  THE
 SOCIAL  SERVICES LAW, SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF
 THE PUBLIC HEALTH LAW, OR SIGNED IN ANOTHER STATE  CONSISTENT  WITH  THE
 LAW OF THAT STATE.
   §  16.  Paragraph  (b)  of subdivision 1 of section 1017 of the family
 court act, as added by chapter 567 of the laws of 2015,  is  amended  to
 read as follows:
   (b)  The  court  shall  also  direct  the local commissioner of social
 services to conduct an investigation to locate any  person  who  is  not
 recognized  to  be the child's legal parent and does not have the rights
 of a legal parent under the laws of the state of New York  but  who  (i)
 has  filed  with  a putative father registry an instrument acknowledging
 [paternity] PARENTAGE of the child, pursuant to  section  4-1.2  of  the
 estates,  powers  and  trusts  law,  or  (ii)  has a pending [paternity]
 PARENTAGE petition, or (iii) has been identified  as  a  parent  of  the
 child  by  the  child's  other  parent in a written sworn statement. The
 local commissioner of social services shall report the results  of  such
 investigation  to  the court and parties, including the attorney for the
 child.
   § 17. Section 4-1.2 of the estates, powers and trusts law, as  amended
 by  chapter  67  of  the  laws of 1981, the section heading, the opening
 paragraph of subparagraph 1 of paragraph (a), the opening  paragraph  of
 subparagraph  2  of  paragraph (a) and the opening paragraph of subpara-
 graph 3 of paragraph (a) as amended by chapter 595 of the laws of  1992,
 subparagraph 2 of paragraph (a) as amended by chapter 434 of the laws of
 1987,  clause (A) of subparagraph 2 of paragraph (a) as amended by chap-
 ter 170 of the laws of 1994, and clause (C) of subparagraph 2  of  para-
 graph  (a)  and  paragraph  (b)  as amended by chapter 64 of the laws of
 2010, is amended to read as follows:
 § 4-1.2 Inheritance by non-marital children
   (a) For the purposes of this article:
   (1) A non-marital child is the legitimate child of his mother so  that
 he and his issue inherit from his mother and from his maternal kindred.

 S. 7506--B                         76                         A. 9506--B
 
   (2)  A non-marital child is the legitimate child of his father OR NON-
 GESTATING INTENDED PARENT so that he and his  issue  inherit  from  [his
 father and his paternal] SUCH PARENT AND SUCH PARENT'S kindred if:
   (A)  a court of competent jurisdiction has, during the lifetime of the
 father, made an order of filiation OR  PARENTAGE  declaring  [paternity]
 PARENTAGE  or  the  [mother  and  father]  PARENTAGE  of the child [have
 executed] HAS BEEN ESTABLISHED THROUGH THE EXECUTION OF  an  acknowledg-
 ment  of  [paternity]  PARENTAGE  pursuant  to section four thousand one
 hundred thirty-five-b of the public health law,  which  has  been  filed
 with  the  registrar  of the district in which the birth certificate has
 been filed or;
   (B) the father of the child has  signed  an  instrument  acknowledging
 [paternity] PARENTAGE, provided that
   (i)  such instrument is acknowledged or executed or proved in the form
 required to entitle a deed to be recorded in the presence of one or more
 witnesses and acknowledged by such witness or witnesses, in either case,
 before a notary public or other officer  authorized  to  take  proof  of
 deeds and
   (ii) such instrument is filed within sixty days from the making there-
 of with the putative father registry established by the state department
 of  social  services  pursuant to section three hundred seventy-two-c of
 the social services law, as added by chapter six hundred  sixty-five  of
 the laws of nineteen hundred seventy-six and
   (iii)  the  department  of social services shall, within seven days of
 the filing of the instrument, send written notice by registered mail  to
 the  mother  and other legal guardian of such child, notifying them that
 an acknowledgment of [paternity] PARENTAGE  instrument  acknowledged  or
 executed by such [father] PARENT has been duly filed or;
   (C) [paternity] PARENTAGE has been established by clear and convincing
 evidence, which may include, but is not limited to: (i) evidence derived
 from  a  genetic  marker test, or (ii) evidence that the [father] PARENT
 openly and notoriously acknowledged the child as his OR HER own, however
 nothing  in  this  section  regarding  genetic  marker  tests  shall  be
 construed to expand or limit the current application of subdivision four
 of section forty-two hundred ten of the public health law.
   (3) The existence of an agreement obligating the father to support the
 non-marital  child  does  not qualify such child or his issue to inherit
 from the father in the absence of an order of filiation made or acknowl-
 edgement of [paternity] PARENTAGE as prescribed by subparagraph (2).
   (4) A motion for relief from an order of filiation may be made only by
 the father and a motion for relief from an acknowledgement of  [paterni-
 ty]  PARENTAGE  may  be  made  by [the father, mother] A PARENT or other
 legal guardian of such child,  or  the  child,  provided  however,  such
 motion must be made within one year from the entry of such order or from
 the date of written notice as provided for in subparagraph (2).
   (b)  If  a non-marital child dies, his or her surviving spouse, issue,
 mother, maternal kindred, father and paternal kindred  inherit  and  are
 entitled  to  letters of administration as if the decedent was a marital
 child, provided that the father and  paternal  kindred  may  inherit  or
 obtain such letters only if the [paternity] PARENTAGE of the non-marital
 child has been established pursuant to any of the provisions of subpara-
 graph (2) of paragraph (a).
   §  18. Subdivision 1, paragraph g of subdivision 2, subdivision 3, and
 subdivision 4 of section 111-c of the social services law, subdivision 1
 as added by chapter 685 of the laws of 1975, paragraph g of  subdivision
 2  as added by chapter 809 of the laws of 1985, subdivision 3 as amended

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 by chapter 398 of the laws of 1997, and subdivision 4 as added by  chap-
 ter 343 of the laws of 2009, are amended to read as follows:
   1.  Each  social  services district shall establish a single organiza-
 tional unit which shall be responsible for such district's activities in
 assisting the state in the location of absent parents, establishment  of
 [paternity]  PARENTAGE  and  enforcement  and  collection  of support in
 accordance with the regulations of the department.
   g. obtain from respondent, when appropriate and in accordance with the
 procedures established by section one hundred eleven-k of this  chapter,
 an  acknowledgement  of  [paternity]  PARENTAGE  or an agreement to make
 support payments, or both;
   3. Notwithstanding the foregoing, the social services  official  shall
 not be required to establish the [paternity] PARENTAGE of any child born
 out-of-wedlock, or to secure support for any child, with respect to whom
 such  official  has determined that such actions would be detrimental to
 the best interests of the  child,  in  accordance  with  procedures  and
 criteria  established  by  regulations of the department consistent with
 federal law.
   4. a. A social services  district  represents  the  interests  of  the
 district  in  performing  its  functions  and duties as provided in this
 title and not the interests of any party. The interests  of  a  district
 shall  include, but are not limited to, establishing [paternity] PARENT-
 AGE, and establishing, modifying and enforcing child support orders.
   b. Notwithstanding any other provision of law, the provision of  child
 support  services  pursuant to this title does not constitute nor create
 an  attorney-client  relationship  between  the   individual   receiving
 services  and any attorney representing or appearing for the district. A
 social services district shall provide notice to any individual request-
 ing or receiving services that the attorney  representing  or  appearing
 for the district does not represent the individual and that the individ-
 ual has a right to retain his or her own legal counsel.
   c.  A  social  services district may appear in any action to establish
 [paternity] PARENTAGE, or to establish, modify, or enforce an  order  of
 support when an individual is receiving services under this title.
   §  19. Section 111-k of the social services law, as amended by chapter
 398 of the laws of 1997, paragraphs (a) and  (b)  of  subdivision  1  as
 amended  by  chapter  214  of  the  laws  of 1998, is amended to read as
 follows:
   § 111-k.    Procedures  relating  to  acknowledgments  of  [paternity]
 PARENTAGE,  agreements  to  support,  and genetic tests.   1.   A social
 services official or his or her designated  representative  who  confers
 with  a  potential  respondent or respondent, hereinafter referred to in
 this section as the "respondent", the mother of  a  child  born  out  of
 wedlock  and  any  other  interested  persons,  pursuant  to section one
 hundred eleven-c of this title, may obtain:
   (a) an acknowledgment of [paternity] PARENTAGE of a child, as provided
 for in article five-B or section five hundred sixteen-a  of  the  family
 court  act,  by a written statement, witnessed by two people not related
 to the signator or as provided for in section four thousand one  hundred
 thirty-five-b  of  the public health law. Prior to the execution of such
 acknowledgment by the child's mother and the respondent, they  shall  be
 advised,  orally,  which may be through the use of audio or video equip-
 ment, and in writing, of the consequences of making such an  acknowledg-
 ment.  Upon  the  signing  of an acknowledgment of [paternity] PARENTAGE
 pursuant to this section, the social services official  or  his  or  her

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 representative  shall  file the original acknowledgment with the regist-
 rar.
   (b)  an agreement to make support payments as provided in section four
 hundred twenty-five of the family court act. Prior to the  execution  of
 such  agreement,  the  respondent shall be advised, orally, which may be
 through the use of audio or video equipment,  and  in  writing,  of  the
 consequences  of  such agreement, that the respondent can be held liable
 for support only if the family court, after a hearing, makes an order of
 support; that respondent has a right to consult  with  an  attorney  and
 that  the  agreement  will be submitted to the family court for approval
 pursuant to section four hundred twenty-five of the  family  court  act;
 and  that by executing the agreement, the respondent waives any right to
 a hearing regarding any matter contained in such agreement.
   2. (a) When the paternity of a child is contested, a  social  services
 official  or  designated representative may order the mother, the child,
 and the alleged father to submit to one or more genetic  marker  or  DNA
 tests  of  a type generally acknowledged as reliable by an accreditation
 body designated by the secretary of the federal department of health and
 human services and performed by a laboratory approved by such an accred-
 itation body and by the commissioner of health or by  a  duly  qualified
 physician  to  aid  in  the  determination of whether or not the alleged
 father is the father of the child.   The order may be  issued  prior  or
 subsequent  to  the  filing  of  a  petition with the court to establish
 paternity, shall be served on the parties by certified mail,  and  shall
 include a sworn statement which either (i) alleges [paternity] PARENTAGE
 and sets forth facts establishing a reasonable possibility of the requi-
 site  sexual  contact  between  the  parties, or (ii) denies [paternity]
 PARENTAGE and sets forth facts  establishing  a  reasonable  possibility
 that  the party is not the father.  The parties shall not be required to
 submit to the administration and analysis of such tests if they  sign  a
 voluntary  acknowledgment  of  [paternity]  PARENTAGE in accordance with
 paragraph (a) of subdivision one of this section, or if there has been a
 written finding by the court that it is not in the best interests of the
 child on the basis of res judicata, equitable estoppel,  THE  CHILD  WAS
 CONCEIVED THROUGH ASSISTED REPRODUCTION or the presumption of legitimacy
 of a child born to a married [woman] PERSON.
   (b)  The record or report of the results of any such genetic marker or
 DNA test may be submitted to the family court as  evidence  pursuant  to
 subdivision  (e)  of rule forty-five hundred eighteen of the civil prac-
 tice law and rules where no timely objection in writing  has  been  made
 thereto.
   (c)  The  cost  of  any test ordered pursuant to this section shall be
 paid by the social services district provided however, that the  alleged
 father  shall  reimburse  the district for the cost of such test at such
 time as the alleged father's [paternity] PARENTAGE is established  by  a
 voluntary  acknowledgment of [paternity] PARENTAGE or an order of filia-
 tion. If either party contests the results  of  genetic  marker  or  DNA
 tests,  an  additional  test  may be ordered upon written request to the
 social services district and advance payment by the requesting party.
   (d) The parties shall be required to submit to such tests  and  appear
 at  any conference scheduled by the social services official or designee
 to discuss the notice of the allegation of paternity or to  discuss  the
 results  of such tests.  If the alleged [father] GENETIC PARENT fails to
 appear at any such conference or fails to submit to such genetic  marker
 or  DNA  tests,  the social services official or designee shall petition
 the court to establish [paternity] PARENTAGE, provide the court  with  a

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 copy  of  the  records  or reports of such tests if any, and request the
 court to issue an order for temporary support pursuant to  section  five
 hundred forty-two of the family court act.
   3.  ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
 STATE OR ANY SIMILAR INSTRUMENT SIGNED IN ANOTHER STATE CONSISTENT  WITH
 THE  LAW OF THAT STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF
 PARENTAGE EXECUTED PURSUANT TO THIS SECTION, SECTION FOUR  THOUSAND  ONE
 HUNDRED  THIRTY-FIVE-B  OF  THE  PUBLIC  HEALTH LAW OR SIGNED IN ANOTHER
 STATE CONSISTENT WITH THE LAW OF THAT STATE.
   § 20. Subdivisions 1 and 2 of section 372-c  of  the  social  services
 law,  as amended by chapter 139 of the laws of 1979, are amended to read
 as follows:
   1.  The department shall establish a putative  father  registry  which
 shall  record the names and addresses of:  (a) any person adjudicated by
 a court of this state to be the [father] PARENT of a child born [out-of-
 wedlock] OUT OF WEDLOCK; (b) any person who has filed with the  registry
 before  or after the birth of a child [out-of-wedlock] OUT OF WEDLOCK, a
 notice of intent to claim [paternity] PARENTAGE of the child; (c)    any
 person  adjudicated  by  a  court  of  another state or territory of the
 United States to be the father of an  [out-of-wedlock]  OUT  OF  WEDLOCK
 child, where a certified copy of the court order has been filed with the
 registry  by  such  person  or  any other person; (d) any person who has
 filed with the registry an instrument acknowledging  paternity  pursuant
 to section 4-1.2 of the estates, powers and trusts law.
   2.   A person filing a notice of intent to claim [paternity] PARENTAGE
 of a child or an acknowledgement of paternity shall include therein  his
 current  address  and shall notify the registry of any change of address
 pursuant to procedures prescribed by regulations of the department.
   § 21. Subdivision (a) of section 439  of  the  family  court  act,  as
 amended  by  section 1 of chapter 468 of the laws of 2012, is amended to
 read as follows:
   (a) The chief administrator of the courts shall provide, in accordance
 with subdivision (f) of this section, for the appointment  of  a  suffi-
 cient  number  of  support  magistrates  to  hear  and determine support
 proceedings. Except as hereinafter provided, support  magistrates  shall
 be  empowered  to hear, determine and grant any relief within the powers
 of the court in  any  proceeding  under  this  article,  articles  five,
 five-A, [and] five-B AND FIVE-C and sections two hundred thirty-four and
 two  hundred  thirty-five of this act, and objections raised pursuant to
 section five thousand two hundred forty-one of the  civil  practice  law
 and rules. Support magistrates shall not be empowered to hear, determine
 and  grant  any  relief with respect to issues specified in section four
 hundred fifty-five of this  article,  issues  of  contested  [paternity]
 PARENTAGE  involving  claims  of equitable estoppel, custody, visitation
 including visitation as a  defense,  DETERMINATIONS  OF  PARENTAGE  MADE
 PURSUANT  TO  SECTION  581-407  OF THIS ACT, and orders of protection or
 exclusive possession of the home, which shall be referred to a judge  as
 provided  in  subdivision  (b) or (c) of this section. Where an order of
 filiation is issued by a judge  in  a  paternity  proceeding  and  child
 support is in issue, the judge, or support magistrate upon referral from
 the  judge, shall be authorized to immediately make a temporary or final
 order of support, as applicable. A support  magistrate  shall  have  the
 authority  to  hear and decide motions and issue summonses and subpoenas
 to produce persons pursuant to section one hundred fifty-three  of  this
 act,  hear  and  decide  proceedings  and  issue any order authorized by
 subdivision (g) of section five thousand two hundred  forty-one  of  the

 S. 7506--B                         80                         A. 9506--B
 
 civil  practice  law  and  rules,  issue  subpoenas to produce prisoners
 pursuant to section two thousand three hundred two of the civil practice
 law and rules and make  a  determination  that  any  person  before  the
 support  magistrate  is in violation of an order of the court as author-
 ized by section one hundred fifty-six of this act subject  to  confirma-
 tion  by  a  judge of the court who shall impose any punishment for such
 violation as provided by law. A determination by  a  support  magistrate
 that  a  person  is  in  willful violation of an order under subdivision
 three of section four hundred fifty-four of this article and that recom-
 mends commitment shall be transmitted to  the  parties,  accompanied  by
 findings  of  fact, but the determination shall have no force and effect
 until confirmed by a judge of the court.
   § 22. Subparagraph (D) of paragraph 17 of subsection  (a)  of  section
 1113  of  the  insurance  law,  as amended by chapter 551 of the laws of
 1997, is amended to read as follows:
   (D) (I)(I) Indemnifying an adoptive parent for verifiable expenses not
 prohibited under the law paid to or on behalf of the birth  mother  when
 either  one  or both of the birth parents of the child withdraw or with-
 hold their consent to adoption. Such expenses may include maternity-con-
 nected medical or hospital  expenses  of  the  birth  mother,  necessary
 living  expenses  of  the birth mother preceding and during confinement,
 travel expenses of the birth mother to arrange for the adoption  of  the
 child,  legal  fees  of the birth mother, and any other expenses [which]
 THAT an adoptive parent may lawfully pay to or on behalf  of  the  birth
 mother[.];  OR  (II)  INDEMNIFYING AN INTENDED PARENT FOR FINANCIAL LOSS
 INCURRED AS A RESULT OF THE FAILURE BY THE PERSON ACTING AS SURROGATE TO
 PERFORM UNDER THE SURROGACY CONTRACT DUE TO DEATH, BODILY INJURY,  SICK-
 NESS, DISAPPEARANCE OF THE PERSON ACTING AS SURROGATE, LATE MISCARRIAGE,
 OR  STILLBIRTH.  SUCH  FINANCIAL LOSS SHALL INCLUDE MEDICAL AND HOSPITAL
 EXPENSES, INSURANCE CO-PAYMENTS, DEDUCTIBLES, AND COINSURANCE, NECESSARY
 LIVING EXPENSES OF THE PERSON ACTING AS SURROGATE DURING THE TERM OF THE
 SURROGACY CONTRACT, TRAVEL EXPENSES TO ARRANGE FOR THE SURROGACY,  LEGAL
 FEES  OF  THE PERSON ACTING AS SURROGATE, AND ANY OTHER EXPENSES THAT AN
 INTENDED PARENT MAY LAWFULLY PAY TO OR ON BEHALF OF THE PERSON ACTING AS
 SURROGATE; AND (II) For the  purposes  of  this  [section]  SUBPARAGRAPH
 "adoptive parent" means the parent or his or her spouse seeking to adopt
 a child, "birth mother" means the biological mother of the child, "birth
 parent"  means  the biological mother or biological father of the child,
 AND THE TERMS "DONOR", "INTENDED PARENT", PERSON ACTING  AS  SURROGATE",
 AND  "SURROGACY  AGREEMENT"  SHALL HAVE THE MEANING SET FORTH IN SECTION
 581-102 OF THE FAMILY COURT ACT; or
   § 23. Paragraph 32 of subsection (a) of section 1113 of the  insurance
 law,  as  renumbered  by  chapter 626 of the laws of 2006, is renumbered
 paragraph 33 and a new paragraph 32 is added to read as follows:
   (32) "DONOR MEDICAL EXPENSE INSURANCE" MEANS INSURANCE INDEMNIFYING AN
 INTENDED PARENT FOR MEDICAL  OR  HOSPITAL  EXPENSES  THAT  THE  INTENDED
 PARENT  IS  CONTRACTUALLY  OBLIGATED TO PAY UNDER A DONOR AGREEMENT WHEN
 THE EXPENSES RESULT FROM MEDICAL COMPLICATIONS THAT OCCUR AS A RESULT OF
 THE DONATION OF GAMETES. FOR THE PURPOSE  OF  THIS  PARAGRAPH,  "DONOR",
 "GAMETES"  AND  "INTENDED  PARENT"  SHALL  HAVE THE MEANING SET FORTH IN
 SECTION 581-102 OF THE FAMILY COURT ACT.
   § 24. Subsection (a) of section 2105 of the insurance law, as  amended
 by  section 9 of part I of chapter 61 of the laws of 2011, is amended to
 read as follows:
   (a) The superintendent may issue an excess line  broker's  license  to
 any person, firm, association or corporation who or which is licensed as

 S. 7506--B                         81                         A. 9506--B
 
 an  insurance broker under section two thousand one hundred four of this
 article, or who or which is licensed as an excess  line  broker  in  the
 licensee's  home  state,  provided,  however,  that the applicant's home
 state  grants  non-resident  licenses  to residents of this state on the
 same basis, except that reciprocity is not required  in  regard  to  the
 placement  of liability insurance on behalf of a purchasing group or any
 of its members; authorizing such person,  firm,  association  or  corpo-
 ration to procure, subject to the restrictions herein provided, policies
 of insurance from insurers which are not authorized to transact business
 in  this state of the kind or kinds of insurance specified in paragraphs
 four through fourteen, sixteen, seventeen, nineteen, twenty, twenty-two,
 twenty-seven,  twenty-eight  [and],  thirty-one,   AND   THIRTY-TWO   of
 subsection  (a)  of  section  one  thousand one hundred thirteen of this
 chapter and in subsection (h) of this section, provided,  however,  that
 the  provisions  of  this  section  and section two thousand one hundred
 eighteen of this article shall not apply to ocean marine  insurance  and
 other  contracts  of  insurance enumerated in subsections (b) and (c) of
 section two thousand one hundred seventeen of this article. Such license
 may be suspended or revoked by the superintendent whenever in his or her
 judgment such suspension or revocation will best promote  the  interests
 of the people of this state.
   §  25. Subsection (b) of section 4101 of the insurance law, as amended
 by chapter 626 of the laws of 2006, is amended to read as follows:
   (b) "Non-basic kinds  of  insurance"  means  the  kinds  of  insurance
 described  in  the following paragraphs of subsection (a) of section one
 thousand one hundred thirteen of this chapter numbered  therein  as  set
 forth in parentheses below:
   accident and health (item (i) of (3));
   non-cancellable disability (item (ii) of (3));
   miscellaneous property (5);
   water damage (6);
   collision (12);
   property  damage  liability  (14)  -  non-basic as to mutual companies
 only;
   motor vehicle and aircraft physical damage (19);
   inland marine as specified in marine and inland marine (20);
   marine protection and indemnity (21) - non-basic as to stock companies
 only;
   residual value (22);
   credit unemployment (24);
   gap (26);
   prize indemnification (27);
   service contract reimbursement (28);
   legal services insurance (29);
   involuntary unemployment insurance (30);
   salary protection insurance (31);
   DONOR MEDICAL EXPENSE INSURANCE (32).
   § 26. Group A of table one as contained in paragraph 1  of  subsection
 (a)  of  section 4103 of the insurance law, as amended by chapter 626 of
 the laws of 2006, is amended to read as follows:
                                 Group A:
 
 7                                              $300,000       $150,000
 8, 9, 10, 11, or 14 - for each such kind       $100,000       $ 50,000
 13 or 15 - for each such kind                  $500,000       $250,000
 16                                             $900,000       $450,000

 S. 7506--B                         82                         A. 9506--B
 
 17                                             $400,000       $200,000
 Basic additional amount
 required  for  any  one
 or  more  of  the above
 kinds of insurance                             $100,000       $ 50,000
 3(i), 3(ii), 6{1} or 12{2} - for each
 such kind                                      $100,000       $ 50,000
 22                                             $2,000,000     $1,000,000
 24                                             $400,000       $200,000
 26(B)                                          $200,000       $100,000
 26(A), 26(C) or 26(D) -
 for each such kind                             $600,000       $300,000
 27                                             $300,000       $150,000
 28                                             $2,000,000     $1,000,000
 30                                             $400,000       $200,000
 31                                             $100,000       $ 50,000
 32                                             $100,000       $ 50,000
   § 27. Group C of table three as contained in subsection (b) of section
 4107  of  the  insurance  law,  as amended by chapter 626 of the laws of
 2006, is amended to read as follows:
                                  Group C:
 
 3(i) or 3(ii) - for each such kind            $  100,000   $  100,000
 22                                            $3,000,000   $2,000,000
 24                                            $  300,000   $  300,000
 26 (B)                                        $  300,000   $  200,000
 26(A), 26(C) or 26(D) -
 for each such kind                            $  900,000   $  600,000
 28                                            $3,000,000   $2,000,000
 6{5}, 12{6}  or 14{2}  - for
 each such kind                                $   50,000   $   50,000
 27                                            $  300,000   $  150,000
 30                                            $  300,000   $  300,000
 31                                            $  100,000   $  100,000
 32                                            $  100,000   $  100,000
   § 28. Section 4-1.3 of the estates, powers and trust law, as added  by
 chapter 439 of the laws of 2014, is amended to read as follows:
 § 4-1.3 Inheritance by children conceived after the death of [a genetic]
           AN INTENDED parent
   (a)  When  used  in this article, unless the context or subject matter
 manifestly requires a different interpretation:
   (1) ["Genetic parent" shall mean a man who provides sperm or  a  woman
 who  provides ova used to conceive a child after the death of the man or
 woman.
   (2)] "Genetic material" shall mean sperm or ova provided by a  genetic
 parent.
   [(3)  "Genetic  child" shall mean a child of the sperm or ova provided
 by a genetic parent, but only if and when such child is born.]
   (2) "CHILD" SHALL MEAN A  CHILD  CONCEIVED  THROUGH  ASSISTED  REPROD-
 UCTION.
   (3)  "INTENDED  PARENT"  SHALL  HAVE  THE  SAME  MEANING AS DEFINED IN
 SECTION 581-102 OF THE FAMILY COURT ACT.
   (b) For purposes of this article, a genetic child is the child of  his
 or  her  [genetic] INTENDED parent or parents and, notwithstanding para-
 graph (c) of section 4-1.1 of this part, is a distributee of his or  her
 [genetic]  INTENDED  parent or parents and, notwithstanding subparagraph

 S. 7506--B                         83                         A. 9506--B
 
 (2) of paragraph (a) of section 2-1.3 of this chapter,  is  included  in
 any  disposition  of  property to persons described in any instrument of
 which [a genetic] AN INTENDED parent of the genetic child was the  crea-
 tor  as  the  issue, children, descendants, heirs, heirs at law, next of
 kin, distributees (or by any term of like import) of the creator  if  it
 is established that:
   (1)  the  [genetic]  INTENDED  parent in a written instrument executed
 pursuant to the provisions of this section not  more  than  seven  years
 before the death of the [genetic] INTENDED parent[:
   (A)] expressly consented [to the use of his or her genetic material to
 posthumously conceive his or her genetic child, and
   (B)]  THAT  IF  ASSISTED REPRODUCTION WERE TO OCCUR AFTER THE DEATH OF
 THE INTENDED PARENT, THE DECEASED INDIVIDUAL WOULD BE A  PARENT  OF  THE
 CHILD; AND
   (2)  THE CHILD WAS IN UTERO NO LATER THAN TWENTY-FOUR MONTHS AFTER THE
 INTENDED PARENT'S DEATH OR BORN NO LATER THAN THIRTY-THREE MONTHS  AFTER
 THE INTENDED PARENT'S DEATH.
   (C)  IF  THE  CHILD  WAS  CONCEIVED  USING THE GENETIC MATERIAL OF THE
 INTENDED PARENT, IT MUST FURTHER BE ESTABLISHED THAT:
   (1) THE INTENDED PARENT IN A WRITTEN INSTRUMENT EXECUTED  PURSUANT  TO
 THE  PROVISIONS  OF  THIS  SECTION  NOT MORE THAN SEVEN YEARS BEFORE THE
 DEATH OF THE INTENDED PARENT authorized a person to make decisions about
 the use of the [genetic] INTENDED parent's genetic  material  after  the
 death of the [genetic] INTENDED parent;
   (2)  the person authorized in the written instrument to make decisions
 about the use of the [genetic] INTENDED parent's genetic  material  gave
 written  notice,  by  certified  mail,  return  receipt requested, or by
 personal delivery, that the [genetic] INTENDED parent's genetic material
 was available for the purpose of conceiving a  [genetic]  child  of  the
 [genetic] INTENDED parent, and such written notice was given;
   (A)  within  seven  months  from  the  date of the issuance of letters
 testamentary or  of  administration  on  the  estate  of  the  [genetic]
 INTENDED  parent, as the case may be, to the person to whom such letters
 have issued, or, if no letters have been issued within  four  months  of
 the death of the [genetic] INTENDED parent, and
   (B)  within seven months of the death of the [genetic] INTENDED parent
 to a distributee of the [genetic] INTENDED parent; AND
   (3) the person authorized in the written instrument to make  decisions
 about  the  use  of  the  [genetic]  INTENDED  parent's genetic material
 recorded the written instrument within seven  months  of  the  [genetic]
 INTENDED  parent's death in the office of the surrogate granting letters
 on the [genetic] INTENDED parent's estate, or, if no such  letters  have
 been  granted,  in  the  office  of the surrogate having jurisdiction to
 grant them[; and
   (4) the genetic child was in utero no later  than  twenty-four  months
 after  the  genetic  parent's  death  or born no later than thirty-three
 months after the genetic parent's death].
   [(c)] (D) The written instrument referred to in  subparagraph  (1)  of
 paragraph  (b)  of this section AND SUBPARAGRAPH (1) OF PARAGRAPH (C) OF
 THIS SECTION:
   (1) must be signed by the [genetic] INTENDED parent in the presence of
 two witnesses who also sign the instrument REFERRED TO  IN  SUBPARAGRAPH
 (1) OF PARAGRAPH (C) OF THIS SECTION, both of whom are at least eighteen
 years  of  age  and  neither  of  whom  is a person authorized under the
 instrument to make decisions about the use  of  the  [genetic]  INTENDED
 parent's genetic material;

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   (2)  may be revoked only by a written instrument signed by the [genet-
 ic] INTENDED parent and executed in the same manner as the instrument it
 revokes;
   (3)  may  not  be altered or revoked by a provision in the will of the
 [genetic] INTENDED parent;
   (4) AN INSTRUMENT REFERRED TO IN SUBPARAGRAPH (1) OF PARAGRAPH (C)  OF
 THIS  SECTION may authorize an alternate to make decisions about the use
 of the [genetic] INTENDED parent's genetic material if the first  person
 so  designated dies before the [genetic] INTENDED parent or is unable to
 exercise the authority granted; [and]
   (5) AN INSTRUMENT REFERRED TO IN SUBPARAGRAPH (1) OF PARAGRAPH (B)  OF
 THIS  SECTION  MAY  BE  SUBSTANTIALLY  IN THE FOLLOWING FORM AND MUST BE
 SIGNED AND DATED BY THE INTENDED PARENT AND PROPERLY WITNESSED:
 
 I, ____________________________________________________________________,
                          (YOUR NAME AND ADDRESS)
 
 CONSENT TO THE USE OF ASSISTED REPRODUCTION TO CONCEIVE A CHILD OR CHIL-
 DREN OF MINE AFTER MY DEATH. I UNDERSTAND THAT,  UNLESS  I  REVOKE  THIS
 CONSENT  AND  AUTHORIZATION  IN  A  WRITTEN DOCUMENT SIGNED BY ME IN THE
 PRESENCE OF TWO WITNESSES WHO ALSO SIGN THE DOCUMENT, THIS  CONSENT  AND
 AUTHORIZATION  WILL  REMAIN  IN EFFECT FOR SEVEN YEARS FROM THIS DAY AND
 THAT I CANNOT REVOKE OR MODIFY  THIS  CONSENT  AND  DESIGNATION  BY  ANY
 PROVISION IN MY WILL.
 SIGNED THIS      DAY OF     ,
 
 _____________________________________________
 (YOUR SIGNATURE)
 
 STATEMENT OF WITNESSES:
 I  DECLARE  THAT THE PERSON WHO SIGNED THIS DOCUMENT IS PERSONALLY KNOWN
 TO ME AND APPEARS TO BE OF SOUND MIND AND ACTING WILLINGLY AND FREE FROM
 DURESS. HE OR SHE SIGNED THIS DOCUMENT IN MY  PRESENCE.  I  AM  NOT  THE
 PERSON  AUTHORIZED  IN  THIS  DOCUMENT TO CONTROL THE USE OF THE GENETIC
 MATERIAL OF THE PERSON WHO SIGNED THIS DOCUMENT.
 
 WITNESS:
 ADDRESS:
 DATE:
 WITNESS:
 ADDRESS:
 DATE:
 
   (6) may be substantially in the following form and must be signed  and
 dated by the [genetic] INTENDED parent and properly witnessed:
 I, ____________________________________________________________________,
                          (Your name and address)
 consent to the use of my (sperm or ova) (referred to below as my "genet-
 ic  material")  to  conceive a child or children of mine after my death,
 and I authorize
 
 ________________________________________________________________________
                       (Name and address of person)
 to decide whether and how my genetic material is to be used to  conceive
 a  child  or  children  of  mine after my death.   In the event that the

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 person authorized above dies before me or  is  unable  to  exercise  the
 authority granted I designate
 
 ________________________________________________________________________
                       (Name and address of person)
 to  decide whether and how my genetic material is to be used to conceive
 a child or children of mine after my death.  I understand that, unless I
 revoke this consent and authorization in a written document signed by me
 in the presence of two  witnesses  who  also  sign  the  document,  this
 consent  and  authorization  will  remain in effect for seven years from
 this day and that I cannot revoke or modify this consent and designation
 by any provision in my will.
 
 Signed this       day of         ,
 
 _____________________________________________
 (Your signature)
 Statement of witnesses:
 I declare that the person who signed this document is  personally  known
 to me and appears to be of sound mind and acting willingly and free from
 duress.  He  or  she  signed  this document in my presence. I am not the
 person authorized in this document to control the  use  of  the  genetic
 material of the person who signed this document.
 Witness:
 Address:
 Date:
 Witness:
 Address:
 Date:
   [(d)]  (E) Any authority granted in a written instrument authorized by
 this section to a person who is the spouse  of  the  [genetic]  INTENDED
 parent  at the time of execution of the written instrument is revoked by
 a final decree or judgment of divorce or annulment, or a  final  decree,
 judgment  or  order  declaring  the  nullity of the marriage between the
 [genetic] INTENDED parent and the spouse or dissolving such marriage  on
 the  ground of absence, recognized as valid under the law of this state,
 or a final decree or judgment of separation, recognized as  valid  under
 the law of this state, which was rendered against the spouse.
   [(e)]  (F)  Process  shall  not  issue  to  a [genetic] child who is a
 distributee of [a genetic] AN INTENDED parent under sections  one  thou-
 sand  three and one thousand four hundred three of the surrogate's court
 procedure act unless the child is in being at the time process issues.
   [(f)] (G) Except as provided in paragraph (b)  of  this  section  with
 regard  to  any  disposition  of property in any instrument of which the
 [genetic] INTENDED parent of a  [genetic]  child  is  the  creator,  for
 purposes of section 2-1.3 of this chapter a [genetic] child who is enti-
 tled  to  inherit from [a genetic] AN INTENDED parent under this section
 is a child of the [genetic] INTENDED parent for purposes of  a  disposi-
 tion  of  property  to persons described in any instrument as the issue,
 children, descendants, heirs, heirs at law, next  of  kin,  distributees
 (or by any term of like import) of the creator or of another. This para-
 graph  shall  apply  to the wills of persons dying on or after September
 first,  two  thousand  fourteen,  to  lifetime  instruments  theretofore
 executed which on said date are subject to the grantor's power to revoke
 or  amend,  and  to  all  lifetime instruments executed on or after such
 date.

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   [(g)] (H) For purposes of section 3-3.3  of  this  chapter  the  terms
 "issue",  "surviving  issue"  and  "issue surviving" include a [genetic]
 child if he or she is entitled to inherit  from  his  or  her  [genetic]
 INTENDED parent under this section.
   [(h)]  (I)  Where the validity of a disposition under the rule against
 perpetuities depends on the ability of a person to have a child at  some
 future time, the possibility that such person may have a [genetic] child
 CONCEIVED   USING  ASSISTED  REPRODUCTION  shall  be  disregarded.  This
 provision shall not apply for any purpose other than that of determining
 the validity of a disposition under the rule against perpetuities  where
 such validity depends on the ability of a person to have a child at some
 future  time. A determination of validity or invalidity of a disposition
 under the rule against perpetuities by the application of this provision
 shall not be affected by the later birth of a [genetic] child  CONCEIVED
 USING ASSISTED REPRODUCTION disregarded under this provision.
   [(i)]  (J) The use of a genetic material after the death of the person
 providing such material is subject exclusively to the provisions of this
 section and to any valid and binding contractual agreement between  such
 person  and  the  facility providing storage of the genetic material and
 may not be the subject of a disposition in an instrument created by  the
 person providing such material or by any other person.
   § 29. This act shall take effect February 15, 2021, provided, however,
 that  the  amendments  to  subdivision  (a) of section 439 of the family
 court act made by section twenty-one of this act shall  not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and  completed  on  or  before  such
 effective date.
 
                                  PART M
 
                           Intentionally Omitted
 
                                  PART N
 
   Section  1.  Subdivision 10 of section 153 of the social services law,
 as amended by section 1 of subpart B of part K of chapter 56 of the laws
 of 2017, is amended to read as follows:
   10. Expenditures made by a social services district  for  the  mainte-
 nance  of children with disabilities, placed by school districts, pursu-
 ant to section forty-four hundred five of the education  law  shall,  if
 approved  by  the  office of children and family services, be subject to
 [eighteen and four hundred twenty-four thousandths percent reimbursement
 by the state and thirty-eight and four hundred  twenty-four  thousandths
 percent  reimbursement  by  school districts, except for social services
 districts located within a city with a  population  of  one  million  or
 more,  where  such expenditures shall be subject to] fifty-six and eight
 hundred forty-eight thousandths  percent  reimbursement  by  the  school
 district,  in  accordance with paragraph c of subdivision one of section
 forty-four hundred five of the  education  law,  after  first  deducting
 therefrom  any  federal  funds  received or to be received on account of
 such expenditures, except that in the case  of  a  student  attending  a
 state-operated  school for the deaf or blind pursuant to article eighty-
 seven or eighty-eight of the education law who was not  placed  in  such
 school  by a school district such expenditures shall be subject to fifty

 S. 7506--B                         87                         A. 9506--B
 
 percent reimbursement by the [state] SCHOOL DISTRICT after first deduct-
 ing therefrom any federal funds received or to be received on account of
 such expenditures  [and  there  shall  be  no  reimbursement  by  school
 districts].    Such expenditures shall not be subject to the limitations
 on state reimbursement contained  in  subdivision  two  of  section  one
 hundred  fifty-three-k of this title. In the event of the failure of the
 school  district  to  make  the  maintenance  payment  pursuant  to  the
 provisions  of  this  subdivision,  the state comptroller shall withhold
 state reimbursement to any such school district in an  amount  equal  to
 the  unpaid  obligation  for  maintenance  and  pay over such sum to the
 social services district upon certification of the commissioner  of  the
 office of children and family services and the commissioner of education
 that  such  funds  are  overdue  and  owed  by such school district. The
 commissioner of the office of children and family services, in consulta-
 tion with the commissioner of education, shall promulgate regulations to
 implement the provisions of this subdivision.
   § 2. Paragraph b of subdivision 1 of section 4405 of the education law
 is REPEALED.
   § 3.  This act shall take effect immediately and shall expire  and  be
 deemed  repealed  April 1, 2021; provided however that the amendments to
 subdivision 10 of section 153 of the social services law made by section
 one of this act, shall not affect the expiration of such subdivision and
 shall be deemed to expire therewith.
 
                                  PART O
 
                           Intentionally Omitted
 
                                  PART P
 
   Section 1. The education law is amended by adding a new section 363 to
 read as follows:
   § 363. CURING ALZHEIMER'S HEALTH CONSORTIUM. 1. THERE IS HEREBY ESTAB-
 LISHED WITHIN THE STATE UNIVERSITY OF NEW YORK  THE  CURING  ALZHEIMER'S
 HEALTH  CONSORTIUM. THE CONSORTIUM SHALL HAVE AS ITS PURPOSE TO IDENTIFY
 GENES THAT PREDICT AN INCREASED RISK FOR DEVELOPING THE DISEASE, COLLAB-
 ORATING WITH RESEARCH INSTITUTIONS WITHIN THE STATE  UNIVERSITY  OF  NEW
 YORK  SYSTEM,  AND  THE  DEPARTMENT  OF HEALTH, IN RESEARCH PROJECTS AND
 STUDIES TO IDENTIFY OPPORTUNITIES TO DEVELOP NEW  THERAPEUTIC  TREATMENT
 AND CURES FOR ALZHEIMER'S.
   2.  THE  STATE  UNIVERSITY  OF  NEW  YORK  SHALL  ISSUE  A REQUEST FOR
 PROPOSALS TO PARTNER WITH HOSPITALS BOTH WITHIN THE STATE UNIVERSITY  OF
 NEW  YORK  AND  OTHER  NOT-FOR-PROFIT ARTICLE TWENTY-EIGHT OF THE PUBLIC
 HEALTH LAW HOSPITALS AND NON-PROFIT  HIGHER  EDUCATION  RESEARCH  INSTI-
 TUTIONS  TO  MAP THE GENOMES OF INDIVIDUALS SUFFERING FROM OR AT RISK OF
 ALZHEIMER'S.
   § 2. This act shall take effect immediately.
 
                                  PART Q

   Section 1. Subdivisions 5 and 6 of section 6456 of the education  law,
 as  amended by section 1 of part U of chapter 54 of the laws of 2016 and
 paragraph e of subdivision 5 as amended by section 1 of part BB of chap-
 ter 56 of the laws of 2019, are amended to read as follows:
   5. Moneys made available to institutions under this section  shall  be
 spent for the following purposes:

 S. 7506--B                         88                         A. 9506--B
 
   a. to provide additional services and expenses to expand opportunities
 through existing postsecondary opportunity programs at the state univer-
 sity  of  New  York,  the city university of New York, and other degree-
 granting higher education institutions for foster youth;
   b.  to  provide  any  necessary  supplemental financial aid for foster
 youth, which may include the cost of tuition and fees, books,  transpor-
 tation,  housing and other expenses as determined by the commissioner to
 be necessary for such foster youth to attend college;
   c. summer college preparation programs to help foster youth transition
 to college, prepare them to  navigate  on-campus  systems,  and  provide
 preparation  in  reading,  writing, and mathematics for foster youth who
 need it; [or]
   d. advisement, tutoring, and academic assistance for foster youth[.];
   e. to provide supplemental housing and meals, INCLUDING BUT NOT LIMIT-
 ED TO DURING INTERSESSION AND SUMMER BREAKS, for foster youth[.]; OR
   F. MEDICAL EXPENSES INCLUDING,  BUT  NOT  LIMITED  TO,  PRIMARY  CARE,
 BEHAVIORAL HEALTH, VISION AND DENTAL CARE WHICH IS NOT OTHERWISE COVERED
 BY AN ELIGIBLE STUDENT'S HEALTH PLAN.
   6. Eligible institutions shall file an application for approval by the
 commissioner  [no later than the first of May] each year demonstrating a
 need for such funding, including how the funding would be used  and  how
 many foster youth would be assisted with such funding. Successful appli-
 cants will be funded as provided in subdivision four of this section.
   § 2. This act shall take effect immediately.
 
                                  PART R
 
   Section  1. Subdivisions 6 and 7 of section 412 of the social services
 law, as added by chapter 1039 of the laws of 1973 and as  renumbered  by
 chapter 323 of the laws of 2008, are amended to read as follows:
   6.  An "unfounded report" means any report made pursuant to this title
 unless an investigation: (I) COMMENCED ON  OR  BEFORE  DECEMBER  THIRTY-
 FIRST, TWO THOUSAND TWENTY-ONE determines that some credible evidence of
 the  alleged abuse or maltreatment exists; OR (II) COMMENCED ON OR AFTER
 JANUARY FIRST, TWO THOUSAND TWENTY-TWO DETERMINES THAT A FAIR PREPONDER-
 ANCE OF THE EVIDENCE OF THE ALLEGED ABUSE OR MALTREATMENT EXISTS;
   7. An "indicated report" means a report made pursuant to this title if
 an investigation: (I) COMMENCED ON OR BEFORE DECEMBER THIRTY-FIRST,  TWO
 THOUSAND  TWENTY-ONE  determines  that  some  credible  evidence  of the
 alleged abuse or maltreatment exists[.]; OR (II) COMMENCED ON  OR  AFTER
 JANUARY FIRST, TWO THOUSAND TWENTY-TWO DETERMINES THAT A FAIR PREPONDER-
 ANCE OF THE EVIDENCE OF THE ALLEGED ABUSE OR MALTREATMENT EXISTS;
   §  2.  Paragraph  (c)  of  subdivision  2 of section 421 of the social
 services law, as amended by chapter 718 of the laws of 1986, is  amended
 to read as follows:
   (c)  issue guidelines to assist local child protective services in the
 interpretation and assessment of reports of abuse and maltreatment  made
 to  the  statewide  central  register  described in section four hundred
 twenty-two of this article. Such guidelines shall  include  information,
 standards  and criteria for the identification of [credible] evidence of
 alleged abuse and maltreatment AS required to determine whether a report
 may be indicated PURSUANT TO THIS ARTICLE.
   § 3. The opening paragraph  of  paragraph  (a)  of  subdivision  5  of
 section  422 of the social services law, as amended by section 7 of part
 D of chapter 501 of the laws of 2012, is amended to read as follows:

 S. 7506--B                         89                         A. 9506--B
 
   Unless an investigation of a report conducted pursuant to  this  title
 THAT IS COMMENCED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-ONE  determines  that  there is some credible evidence of the alleged
 abuse or maltreatment OR UNLESS AN INVESTIGATION OF A  REPORT  CONDUCTED
 PURSUANT  TO THIS TITLE THAT IS COMMENCED ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY-TWO DETERMINES THAT THERE IS A FAIR PREPONDERANCE OF THE
 EVIDENCE THAT THE ALLEGED ABUSE OR MALTREATMENT OCCURRED,  all  informa-
 tion  identifying  the subjects of the report and other persons named in
 the report shall be legally sealed forthwith by the central register and
 any local child protective services [or the state agency] which investi-
 gated the report. Such unfounded reports may only be unsealed  and  made
 available:
   §  4.  Paragraph  (c)  of  subdivision  5 of section 422 of the social
 services law, as added by chapter 555 of the laws of 2000, is amended to
 read as follows:
   (c) Notwithstanding any other provision of law, the office of children
 and family services may, in its discretion, grant a request  to  expunge
 an unfounded report where: (i) the source of the report was convicted of
 a  violation  of subdivision three of section 240.55 of the penal law in
 regard to such report; or (ii) the subject of the report presents  clear
 and  convincing  evidence  that  affirmatively refutes the allegation of
 abuse or maltreatment; provided however, that the absence of  [credible]
 A  FAIR PREPONDERANCE OF THE evidence supporting the allegation of abuse
 or maltreatment shall not be the sole basis to expunge the report. Noth-
 ing in this paragraph shall require the office of  children  and  family
 services  to  hold  an  administrative  hearing  in  deciding whether to
 expunge a report. Such office shall make its determination upon  review-
 ing  the written evidence submitted by the subject of the report and any
 records or information obtained from the state  or  local  agency  which
 investigated the allegations of abuse or maltreatment.
   §  5.  Subparagraphs  (ii),  (iii),  (iv)  and (v) of paragraph (a) of
 subdivision 8 of section 422 of the social  services  law,  subparagraph
 (ii)  as  amended  by  chapter 323 of the laws of 2008 and subparagraphs
 (iii), (iv) and (v) as amended by chapter 12 of the laws  of  1996,  are
 amended to read as follows:
   (ii)  Upon  receipt  of a request to amend the record of a child abuse
 and maltreatment report the office of children and family services shall
 immediately send a written request to the child protective  service  [or
 the  state  agency]  which was responsible for investigating the allega-
 tions of abuse or maltreatment for all records, reports and other infor-
 mation maintained by the service [or state agency]  pertaining  to  such
 indicated  report.  WHERE  A  PROCEEDING  PURSUANT TO ARTICLE TEN OF THE
 FAMILY COURT ACT BASED ON THE SAME ALLEGATIONS THAT  WERE  INDICATED  IS
 PENDING,  THE  REQUEST TO AMEND SHALL BE STAYED UNTIL THE DISPOSITION OF
 SUCH FAMILY COURT PROCEEDING. The service [or  state  agency]  shall  as
 expeditiously as possible but within no more than twenty working days of
 receiving  such request, forward all records, reports and other informa-
 tion it maintains on such indicated report to the office of children and
 family services, INCLUDING A COPY OF ANY PETITION OR COURT  ORDER  BASED
 ON  THE  ALLEGATIONS  THAT WERE INDICATED.  [The] UNLESS SUCH REQUEST TO
 AMEND HAS BEEN STAYED, THE office of children and family services  shall
 as  expeditiously  as  possible  but within no more than fifteen working
 days of receiving such materials from the child  protective  service  or
 state agency, review all such materials in its possession concerning the
 indicated  report  and determine, after affording such service [or state
 agency] a reasonable opportunity to present its views, whether there  is

 S. 7506--B                         90                         A. 9506--B
 
 a  fair preponderance of the evidence to find that the subject committed
 the act or acts of child abuse or maltreatment giving rise to the  indi-
 cated report and whether, based on guidelines developed by the office of
 children  and  family  services  pursuant to subdivision five of section
 four hundred twenty-four-a of this title, such  act  or  acts  could  be
 relevant  and  reasonably  related  to  employment of the subject of the
 report by a provider agency, as defined by subdivision three of  section
 four  hundred  twenty-four-a  of  this title, or relevant and reasonably
 related to the subject of the report being allowed to have  regular  and
 substantial  contact with children who are cared for by a provider agen-
 cy, or relevant and reasonably related to the approval or disapproval of
 an application submitted by the subject of the  report  to  a  licensing
 agency,  as  defined by subdivision four of section four hundred twenty-
 four-a of this title.
   (iii) If it is determined at the review held pursuant  to  this  para-
 graph  [(a)] that there is [no credible] NOT A FAIR PREPONDERANCE OF THE
 evidence in the record to find that the subject committed an act or acts
 of child abuse or maltreatment, the [department] OFFICE OF CHILDREN  AND
 FAMILY  SERVICES  shall  amend the record to indicate that the report is
 "unfounded" and notify the subject forthwith.
   (iv) If it is determined at the review held pursuant to this paragraph
 [(a)] that there is [some credible] A FAIR PREPONDERANCE OF THE evidence
 in the record to find that the subject committed such act  or  acts  but
 that  such  act  or acts could not be relevant and reasonably related to
 the employment of the subject by a provider agency  or  to  the  subject
 being  allowed to have regular and substantial contact with children who
 are cared for by a provider agency or the approval or disapproval of  an
 application which could be submitted by the subject to a licensing agen-
 cy,  the  [department]  OFFICE  OF CHILDREN AND FAMILY SERVICES shall be
 precluded from informing a provider or licensing agency which  makes  an
 inquiry  to  [the  department] SUCH OFFICE pursuant to the provisions of
 section four hundred twenty-four-a of this title concerning the  subject
 that  the  person  about  whom  the inquiry is made is the subject of an
 indicated report of child abuse or maltreatment. The [department] OFFICE
 OF CHILDREN AND FAMILY SERVICES shall notify forthwith  the  subject  of
 the report of such determinations and that a fair hearing has been sche-
 duled  pursuant  to paragraph (b) of this subdivision. The sole issue at
 such hearing shall be whether the subject has been shown by [some credi-
 ble] A FAIR PREPONDERANCE OF THE evidence to have committed the  act  or
 acts of child abuse or maltreatment giving rise to the indicated report.
   (v)  If it is determined at the review held pursuant to this paragraph
 [(a)] that there is [some credible] A FAIR PREPONDERANCE OF THE evidence
 in the record to prove that the subject committed  an  act  or  acts  of
 child  abuse or maltreatment and that such act or acts could be relevant
 and reasonably related to the employment of the subject  by  a  provider
 agency  or  to the subject being allowed to have regular and substantial
 contact with children cared for by a provider agency or the approval  or
 disapproval of an application which could be submitted by the subject to
 a  licensing  agency,  the  [department]  OFFICE  OF CHILDREN AND FAMILY
 SERVICES shall notify forthwith the subject of the report of such deter-
 minations and that a fair hearing has been scheduled pursuant  to  para-
 graph (b) of this subdivision.
   §  6.  Subparagraph  (ii) of paragraph (b) of subdivision 8 of section
 422 of the social services law, as amended by chapter 12 of the laws  of
 1996, is amended to read as follows:

 S. 7506--B                         91                         A. 9506--B
 
   (ii)  The  burden  of  proof  in  such a hearing shall be on the child
 protective service [or the state agency] which investigated the report[,
 as the case may be].  In such a hearing, [the fact that there is]  WHERE
 a  family  court  [finding of] PROCEEDING PURSUANT TO ARTICLE TEN OF THE
 FAMILY COURT ACT HAS OCCURRED AND WHERE THE PETITION FOR SUCH PROCEEDING
 ALLEGES  THAT A RESPONDENT IN THAT PROCEEDING COMMITTED abuse or neglect
 against the subject CHILD in regard to an allegation contained in  [the]
 A  report  INDICATED PURSUANT TO THIS SECTION: (A) WHERE THE COURT FINDS
 THAT SUCH RESPONDENT DID COMMIT ABUSE OR NEGLECT THERE shall [create] BE
 an irrebuttable presumption IN A FAIR  HEARING  HELD  PURSUANT  TO  THIS
 SUBDIVISION  that  said allegation is substantiated by [some credible] A
 FAIR PREPONDERANCE OF THE evidence AS TO THAT RESPONDENT ON THAT ALLEGA-
 TION; AND (B) WHERE SUCH CHILD PROTECTIVE SERVICE WITHDRAWS  SUCH  PETI-
 TION  WITH PREJUDICE, WHERE THE FAMILY COURT DISMISSES SUCH PETITION, OR
 WHERE THE FAMILY COURT FINDS ON THE MERITS IN FAVOR OF  THE  RESPONDENT,
 THERE SHALL BE AN IRREBUTTABLE PRESUMPTION IN A FAIR HEARING HELD PURSU-
 ANT  TO  THIS SUBDIVISION THAT SAID ALLEGATION AS TO THAT RESPONDENT HAS
 NOT BEEN PROVEN BY A FAIR PREPONDERANCE OF THE EVIDENCE.
   § 7. Subparagraphs (i) and (ii) of paragraph (c) of subdivision  8  of
 section  422 of the social services law, as amended by chapter 12 of the
 laws of 1996, and the opening paragraph of subparagraph (ii) as  amended
 by chapter 323 of the laws of 2008, are amended to read as follows:
   (i)  If  it is determined at the fair hearing that there is [no credi-
 ble] NOT A FAIR PREPONDERANCE OF THE evidence in the record to find that
 the subject committed an act or acts of child abuse or maltreatment, the
 [department] OFFICE OF CHILDREN AND  FAMILY  SERVICES  shall  amend  the
 record  to  reflect  that  such a finding was made at the administrative
 hearing, order any child protective  service  [or  state  agency]  which
 investigated  the  report  to similarly amend its records of the report,
 and shall notify the subject forthwith of the determination.
   (ii) Upon a determination made at a fair hearing  [held  on  or  after
 January  first,  nineteen  hundred eighty-six] scheduled pursuant to the
 provisions of subparagraph (v) of paragraph (a) of this subdivision that
 the subject has been shown by a fair preponderance of  the  evidence  to
 have  committed  the  act  or acts of child abuse or maltreatment giving
 rise to the indicated report, the hearing officer shall determine, based
 on guidelines developed by the office of children  and  family  services
 pursuant  to  subdivision  five of section four hundred twenty-four-a of
 this title, whether such act or acts are relevant and reasonably related
 to employment of the subject by a provider agency, as defined by  subdi-
 vision  three  of  section  four hundred twenty-four-a of this title, or
 relevant and reasonably related to the subject  being  allowed  to  have
 regular  and  substantial  contact  with children who are cared for by a
 provider agency or relevant and reasonably related to  the  approval  or
 disapproval  of  an  application submitted by the subject to a licensing
 agency, as defined by subdivision four of section four  hundred  twenty-
 four-a of this title.
   Upon  a  determination  made at a fair hearing that the act or acts of
 abuse or maltreatment are relevant and reasonably related to  employment
 of the subject by a provider agency or the subject being allowed to have
 regular  and  substantial  contact  with children who are cared for by a
 provider agency or the approval or denial of an application submitted by
 the subject to a licensing agency, the [department] OFFICE  OF  CHILDREN
 AND FAMILY SERVICES shall notify the subject forthwith. The [department]
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  shall  inform a provider or
 licensing agency which makes an inquiry to [the department] SUCH  OFFICE

 S. 7506--B                         92                         A. 9506--B
 
 pursuant to the provisions of section four hundred twenty-four-a of this
 title  concerning  the subject that the person about whom the inquiry is
 made is the subject of an indicated child abuse or maltreatment report.
   The  failure  to determine at the fair hearing that the act or acts of
 abuse and maltreatment  are  relevant  and  reasonably  related  to  the
 employment  of  the subject by a provider agency or to the subject being
 allowed to have regular and substantial contact with  children  who  are
 cared  for by a provider agency or the approval or denial of an applica-
 tion submitted by the subject to a licensing agency shall  preclude  the
 [department]  OFFICE  OF  CHILDREN  AND FAMILY SERVICES from informing a
 provider or licensing agency which makes an inquiry to [the  department]
 SUCH  OFFICE  pursuant to the provisions of section four hundred twenty-
 four-a of this title concerning the subject that the person  about  whom
 the  inquiry  is  made  is  the  subject  of an indicated child abuse or
 maltreatment report.
   § 8. Paragraph (e) of subdivision 8  of  section  422  of  the  social
 services  law, as added by chapter 12 of the laws of 1996, is amended to
 read as follows:
   (e) Should the [department] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES
 grant the request of the subject of the report pursuant to this subdivi-
 sion either through an administrative review or fair hearing to amend an
 indicated  report  to  an unfounded report[. Such], SUCH report shall be
 legally sealed and shall be released and expunged in accordance with the
 standards set forth in subdivision five of this section.
   § 9. Paragraph (e) of subdivision 1 of section  424-a  of  the  social
 services  law,  as  amended by chapter 634 of the laws of 1988, subpara-
 graphs (i), (ii) and (iii) as amended by chapter 12 of the laws of 1996,
 and subparagraph (iv) as amended by section 8-a of part D of chapter 501
 of the laws of 2012, is amended to read as follows:
   (e) (i) Subject to the provisions of subparagraph (ii) of  this  para-
 graph,  the  [department]  OFFICE  OF CHILDREN AND FAMILY SERVICES shall
 inform the provider or licensing agency,  or  child  care  resource  and
 referral programs pursuant to subdivision six of this section whether or
 not  the person is the subject of an indicated child abuse and maltreat-
 ment report only if:
   [(a)] (A) (I) the time for the subject of the  report  to  request  an
 amendment  of  the record of the report pursuant to subdivision eight of
 section four hundred twenty-two has expired  without  any  such  request
 having been made; or
   [(b)](II)  such  request  was made within such time and a fair hearing
 regarding the request has been finally determined  by  the  commissioner
 and  the record of the report has not been amended to unfound the report
 or delete the person as a subject of the report; AND
   (B) (I) THE PERSON IS THE SUBJECT OF  AN  INDICATED  REPORT  OF  CHILD
 ABUSE; OR
   (II)  THE  PERSON  IS  NOT THE SUBJECT OF AN INDICATED REPORT OF CHILD
 ABUSE AND IS THE SUBJECT OF A REPORT OF  CHILD  MALTREATMENT  WHERE  THE
 INDICATION  FOR CHILD MALTREATMENT OCCURRED WITHIN LESS THAN EIGHT YEARS
 FROM THE DATE OF THE INQUIRY.
   (ii) If the subject of an indicated report of child abuse or maltreat-
 ment has not requested an amendment of the record of the report  [within
 the  time specified in subdivision eight of section four hundred twenty-
 two of this title or if the subject had a fair hearing pursuant to  such
 section  prior  to  January  first,  nineteen hundred eighty-six] and an
 inquiry is made to  the  [department]  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  pursuant  to  this  subdivision  concerning the subject of the

 S. 7506--B                         93                         A. 9506--B
 
 report, [the department] SUCH OFFICE shall, as expeditiously as possible
 but within no more than ten working days  of  receipt  of  the  inquiry,
 determine  whether, in fact, the person about whom an inquiry is made is
 the subject of an indicated report. Upon making a determination that the
 person  about  whom  the  inquiry is made is the subject of an indicated
 report of child abuse and maltreatment, the [department] OFFICE OF CHIL-
 DREN AND FAMILY SERVICES shall immediately send a written request to the
 child protective service or  state  agency  which  was  responsible  for
 investigating  the allegations of abuse or maltreatment for all records,
 reports and other information maintained by the service or state  agency
 on  the  subject. The service or state agency shall, as expeditiously as
 possible but within no more than twenty working days of  receiving  such
 request, forward all records, reports and other information it maintains
 on the indicated report to the [department] OFFICE OF CHILDREN AND FAMI-
 LY  SERVICES,  INCLUDING  A COPY OF ANY PETITION OR COURT ORDER BASED ON
 THE ALLEGATIONS THAT WERE INDICATED.  [The department] WHERE A  PROCEED-
 ING  PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT IS PENDING BASED ON
 THE SAME ALLEGATIONS THAT WERE INDICATED, THE  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES  SHALL  STAY  DETERMINATION  OF WHETHER THERE IS A FAIR
 PREPONDERANCE OF THE EVIDENCE TO SUPPORT THE INDICATION UNTIL THE DISPO-
 SITION OF SUCH FAMILY COURT PROCEEDING. UNLESS  SUCH  DETERMINATION  HAS
 BEEN  STAYED,  THE  OFFICE OF CHILDREN AND FAMILY SERVICES shall, within
 fifteen working days of receiving such records, reports and other infor-
 mation from the child protective service or  state  agency,  review  all
 records,  reports and other information in its possession concerning the
 subject and determine whether there is [some credible] A FAIR PREPONDER-
 ANCE OF THE evidence to find that the subject had committed the  act  or
 acts of child abuse or maltreatment giving rise to the indicated report.
   (iii) If it is determined, after affording such service or state agen-
 cy  a  reasonable  opportunity  to  present its views, that there is [no
 credible] NOT A FAIR PREPONDERANCE OF THE evidence in the record to find
 that the subject committed such act or acts, the [department] OFFICE  OF
 CHILDREN AND FAMILY SERVICES shall amend the record to indicate that the
 report  was  unfounded  and  notify  the inquiring party that the person
 about whom the inquiry is made  is  not  the  subject  of  an  indicated
 report.  [If  the  subject  of the report had a fair hearing pursuant to
 subdivision eight of section four hundred twenty-two of this title prior
 to January first, nineteen hundred eighty-six and the fair  hearing  had
 been finally determined by the commissioner and the record of the report
 had  not  been  amended  to unfound the report or delete the person as a
 subject of the report, then the department shall determine that there is
 some credible evidence to find that the subject had committed the act or
 acts of child  abuse  or  maltreatment  giving  rise  to  the  indicated
 report.]
   (iv)  (A)  If  it  is  determined  after a review by the office of all
 records, reports  and  information  in  its  possession  concerning  the
 subject  of  the report that there is a preponderance of the evidence to
 find that the subject committed the  act  or  acts  of  child  abuse  or
 maltreatment  giving rise to the indicated report, the office shall also
 determine whether such act or acts are relevant and  reasonably  related
 to  issues concerning the employment of the subject by a provider agency
 or the subject being allowed to have  regular  and  substantial  contact
 with  individuals  cared  for  by  a  provider agency or the approval or
 disapproval of an application which has been submitted by the subject to
 a licensing agency, based on guidelines developed pursuant  to  subdivi-
 sion five of this section. If it is determined that such act or acts are

 S. 7506--B                         94                         A. 9506--B
 
 not  relevant  and related to such issues, the office shall be precluded
 from informing the provider or licensing agency which made  the  inquiry
 to  the  office  pursuant to this section that the person about whom the
 inquiry  is made is the subject of an indicated report of child abuse or
 maltreatment.
   (B) WHERE THE SUBJECT OF THE REPORT IS NOT THE SUBJECT  OF  ANY  INDI-
 CATED  REPORT  OF  CHILD  ABUSE  AND IS THE SUBJECT OF A REPORT OF CHILD
 MALTREATMENT WHERE THE INDICATION FOR CHILD MALTREATMENT  OCCURRED  MORE
 THAN  EIGHT  YEARS PRIOR TO THE DATE OF THE INQUIRY, ANY SUCH INDICATION
 OF CHILD MALTREATMENT SHALL BE DEEMED TO BE NOT RELEVANT AND  REASONABLY
 RELATED TO EMPLOYMENT.
   (v)  If  it is determined after a review by the [department] OFFICE OF
 CHILDREN AND FAMILY SERVICES of all records, reports and information  in
 its  possession concerning the subject of the report that there is [some
 credible] A FAIR PREPONDERANCE OF THE evidence to prove that the subject
 committed the act or acts of abuse or maltreatment giving  rise  to  the
 indicated  report [and that such act or acts are relevant and reasonably
 related to issues concerning the employment of the subject by a provider
 agency or to the subject being allowed to have regular  and  substantial
 contact  with children cared for by a provider agency or the approval or
 disapproval of an application which has been submitted by the subject to
 a licensing agency, the department shall inform the inquiring party that
 the person about whom the inquiry is made is the subject of an indicated
 report of child abuse and maltreatment; the department shall also notify
 the subject of the inquiry of his or her  fair  hearing  rights  granted
 pursuant to paragraph (c) of subdivision two of this section] THE OFFICE
 OF CHILDREN AND FAMILY SERVICES SHALL NOTIFY THE SUBJECT OF THE DETERMI-
 NATION OF SUCH REPORT AND OF THE SUBJECT'S RIGHT TO REQUEST A FAIR HEAR-
 ING.  IF THE SUBJECT SHALL REQUEST A HEARING, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES SHALL SCHEDULE A FAIR HEARING AND SHALL  PROVIDE  NOTICE
 OF  THE  SCHEDULED  HEARING  DATE  TO THE SUBJECT, THE STATEWIDE CENTRAL
 REGISTER AND, AS APPROPRIATE, TO  THE  CHILD  PROTECTIVE  SERVICE  WHICH
 INVESTIGATED SUCH REPORT.
   (VI)  THE  BURDEN  OF  PROOF  IN  SUCH A HEARING SHALL BE ON THE CHILD
 PROTECTIVE SERVICE WHICH INVESTIGATED THE REPORT.  IN  SUCH  A  HEARING,
 WHERE  A  FAMILY  COURT PROCEEDING PURSUANT TO ARTICLE TEN OF THE FAMILY
 COURT ACT HAS OCCURRED  AND  WHERE  THE  PETITION  FOR  SUCH  PROCEEDING
 ALLEGES  THAT  A  RESPONDENT  IN  THAT  PROCEEDING  COMMITTED  ABUSE  OR
 MALTREATMENT AGAINST THE  SUBJECT  CHILD  IN  REGARD  TO  AN  ALLEGATION
 CONTAINED  IN A REPORT INDICATED PURSUANT TO THIS SECTION: (A) WHERE THE
 COURT FINDS THAT SUCH RESPONDENT DID COMMIT ABUSE OR MALTREATMENT  THERE
 SHALL  BE AN IRREBUTTABLE PRESUMPTION IN A FAIR HEARING HELD PURSUANT TO
 THIS SUBDIVISION THAT SAID ALLEGATION IS SUBSTANTIATED BY A FAIR PREPON-
 DERANCE OF THE EVIDENCE AS TO THAT RESPONDENT ON  THAT  ALLEGATION;  AND
 (B)  WHERE  SUCH  CHILD  PROTECTIVE SERVICE WITHDRAWS SUCH PETITION WITH
 PREJUDICE, WHERE THE FAMILY COURT DISMISSES SUCH PETITION, OR WHERE  THE
 FAMILY COURT FINDS ON THE MERITS IN FAVOR OF THE RESPONDENT, THERE SHALL
 BE  AN  IRREBUTTABLE PRESUMPTION IN A FAIR HEARING HELD PURSUANT TO THIS
 SUBDIVISION THAT SAID ALLEGATION AS TO  THAT  RESPONDENT  HAS  NOT  BEEN
 PROVEN BY A FAIR PREPONDERANCE OF THE EVIDENCE.
   (VII)  IF  IT SHALL BE DETERMINED AT THE FAIR HEARING THAT THERE IS NO
 FAIR PREPONDERANCE OF THE EVIDENCE  IN  THE  RECORD  TO  FIND  THAT  THE
 SUBJECT  COMMITTED  AN  ACT  OR ACTS OF CHILD ABUSE OR MALTREATMENT, THE
 OFFICE OF CHILDREN AND FAMILY SERVICES SHALL AMEND THE RECORD AS TO THAT
 RESPONDENT ON THAT ALLEGATION TO REFLECT THAT SUCH A FINDING WAS MADE AT
 THE ADMINISTRATIVE HEARING, ORDER ANY  CHILD  PROTECTIVE  SERVICE  WHICH

 S. 7506--B                         95                         A. 9506--B
 
 INVESTIGATED  THE  REPORT  AS  TO THAT RESPONDENT TO SIMILARLY AMEND ITS
 RECORDS OF SUCH REPORT, NOTIFY THE SUBJECT  OF  THE  DETERMINATION,  AND
 NOTIFY  THE  INQUIRING PARTY THAT THE PERSON ABOUT WHOM SUCH INQUIRY WAS
 MADE IS NOT THE SUBJECT OF AN INDICATED REPORT ON THAT ALLEGATION.
   (VIII)  UPON  A DETERMINATION AT THE FAIR HEARING THAT THE SUBJECT HAS
 BEEN SHOWN, BY A FAIR PREPONDERANCE OF THE EVIDENCE  TO  HAVE  COMMITTED
 THE  ACT OR ACTS OF CHILD ABUSE OR MALTREATMENT GIVING RISE TO THE INDI-
 CATED REPORT, THE HEARING OFFICER SHALL DETERMINE, BASED  ON  GUIDELINES
 DEVELOPED  BY  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES PURSUANT TO
 SUBDIVISION FIVE OF THIS SECTION, WHETHER SUCH ACT OR ACTS ARE  RELEVANT
 AND  REASONABLY RELATED TO THE SUBJECT BEING ALLOWED TO HAVE REGULAR AND
 SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE CARED FOR BY A PROVIDER AGENCY
 AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, OR RELEVANT AND REASON-
 ABLY RELATED TO THE APPROVAL OR DISAPPROVAL OF AN APPLICATION  SUBMITTED
 BY  THE  SUBJECT TO A LICENSING AGENCY AS DEFINED IN SUBDIVISION FOUR OF
 THIS SECTION.
   (IX) UPON A DETERMINATION MADE AT A FAIR HEARING THAT THE ACT OR  ACTS
 OF  ABUSE  OR  MALTREATMENT  ARE  RELEVANT AND REASONABLY RELATED TO THE
 EMPLOYMENT OF THE SUBJECT BY A PROVIDER AGENCY AS DEFINED IN SUBDIVISION
 THREE OF THIS SECTION, THE SUBJECT BEING ALLOWED  TO  HAVE  REGULAR  AND
 SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE CARED FOR BY A PROVIDER AGENCY
 AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, OR RELEVANT AND REASON-
 ABLY  RELATED TO THE APPROVAL OR DISAPPROVAL OF AN APPLICATION SUBMITTED
 BY THE SUBJECT TO A LICENSING AGENCY AS DEFINED IN SUBDIVISION  FOUR  OF
 THIS  SECTION,  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOTIFY
 THE SUBJECT AND SHALL INFORM THE INQUIRING PARTY THAT THE  PERSON  ABOUT
 WHOM  SUCH  INQUIRY  WAS  MADE  IS THE SUBJECT OF AN INDICATED REPORT OF
 CHILD ABUSE OR MALTREATMENT.
   (X) THE FAILURE TO DETERMINE AT THE FAIR HEARING THAT THE ACT OR  ACTS
 OF  ABUSE  OR  MALTREATMENT  ARE  RELEVANT AND REASONABLY RELATED TO THE
 EMPLOYMENT OF THE SUBJECT BY A PROVIDER AGENCY AS DEFINED IN SUBDIVISION
 THREE OF THIS SECTION, THE SUBJECT BEING ALLOWED  TO  HAVE  REGULAR  AND
 SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE CARED FOR BY A PROVIDER AGENCY
 AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, OR RELEVANT AND REASON-
 ABLY  RELATED TO THE APPROVAL OR DISAPPROVAL OF AN APPLICATION SUBMITTED
 BY THE SUBJECT TO A LICENSING AGENCY AS DEFINED IN SUBDIVISION  FOUR  OF
 THIS  SECTION, SHALL PRECLUDE THE OFFICE OF CHILDREN AND FAMILY SERVICES
 FROM INFORMING A PROVIDER AGENCY AS DEFINED IN SUBDIVISION THREE OF THIS
 SECTION OR LICENSING AGENCY AS  DEFINED  IN  SUBDIVISION  FOUR  OF  THIS
 SECTION  THAT SUCH PERSON IS THE SUBJECT OF AN INDICATED REPORT OF CHILD
 ABUSE OR MALTREATMENT ON THAT ALLEGATION.
   § 10. Section 651-a of the family court act, as amended by chapter  12
 of the laws of 1996, is amended to read as follows:
   §  651-a.  Reports  of child abuse and maltreatment; admissibility. In
 any proceeding brought pursuant to this section to determine the custody
 or visitation of minors, a report made to the statewide central register
 of child abuse and maltreatment, pursuant to title six of article six of
 the social services law, or a portion thereof, which is otherwise admis-
 sible as a business record pursuant to rule forty-five hundred  eighteen
 of the civil practice law and rules shall not be admissible in evidence,
 notwithstanding  such  rule,  unless  an  investigation  of  such report
 conducted pursuant to title six of article six of  the  social  services
 law  COMMENCED  ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-
 ONE has determined that there is some credible evidence of  the  alleged
 abuse  or  maltreatment,  OR  UNLESS  AN  INVESTIGATION  OF  SUCH REPORT
 CONDUCTED PURSUANT TO TITLE SIX OF ARTICLE SIX OF  THE  SOCIAL  SERVICES

 S. 7506--B                         96                         A. 9506--B
 
 LAW  COMMENCED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO DETER-
 MINES THAT THERE IS A FAIR PREPONDERANCE OF THE EVIDENCE OF THE  ALLEGED
 ABUSE  OR MALTREATMENT, that the subject of the report has been notified
 that  the  report  is  indicated.  In  addition, if such report has been
 reviewed by the state commissioner of social services  or  his  designee
 and  has  been determined to be unfounded, it shall not be admissible in
 evidence. If such report has been so reviewed and has  been  amended  to
 delete  any  finding, each such deleted finding shall not be admissible.
 If the state commissioner of social services or his designee has amended
 the report to add any new finding, each such new finding, together  with
 any  portion  of  the original report not deleted by the commissioner or
 his designee, shall be admissible if it meets the other requirements  of
 this section and is otherwise admissible as a business record. If such a
 report,  or  portion thereof, is admissible in evidence but is uncorrob-
 orated, it shall not be sufficient to make a fact finding  of  abuse  or
 maltreatment  in  such proceeding. Any other evidence tending to support
 the reliability of such report shall be sufficient corroboration.
   § 11. This act shall take effect immediately; provided,  however  that
 sections one, three, four, five, six, seven, eight, nine and ten of this
 act shall take effect January 1, 2022.  Effective immediately, the addi-
 tion,  amendment  and/or  repeal of any rule or regulation necessary for
 the implementation of this act on its effective date are  authorized  to
 be  made  and completed by the office of children and family services on
 or before such effective date.
 
                                  PART S
 
   Section 1. Paragraph (b) of subdivision 2  of  section  576-d  of  the
 private  housing  finance  law, as amended by chapter 428 of the laws of
 2004, is amended to read as follows:
   (b) the total amount of loans made to any single agricultural producer
 shall not exceed [one] TWO hundred thousand dollars per annum;
   § 2. This act shall take effect immediately.
 
                                  PART T
 
   Section 1. Paragraph c of subdivision 1 of section 656 of the  private
 housing  finance  law, as amended by chapter 336 of the laws of 2019, is
 amended to read as follows:
   c. No bonds or notes of the corporation shall be issued if  upon  such
 issuance the aggregate principal amount of bonds and notes of the corpo-
 ration then outstanding exceeds the lesser of [fourteen] FIFTEEN billion
 five  hundred  million dollars or such amount as would cause the maximum
 capital reserve fund requirement to exceed eighty-five million  dollars;
 provided  that,  in  determining  such aggregate principal amounts there
 shall be deducted (i) all sums then available for the  payment  of  such
 bonds  or notes either at maturity or through the operation of a sinking
 fund; (ii) the aggregate principal amount of  outstanding  bonds  issued
 (a) to refund notes and (b) to refund bonds, theretofore issued and then
 outstanding;  and  (iii)  the  aggregate principal amount of outstanding
 notes issued to renew notes theretofore issued and then outstanding. The
 provisions of the prior sentence notwithstanding, the corporation  shall
 not  issue  bonds  if such issuance shall cause the maximum reserve fund
 requirement to exceed thirty million dollars unless prior to such  issu-
 ance  the senate and assembly shall have adopted a concurrent resolution
 passed by the votes of a majority of all the  members  elected  to  each

 S. 7506--B                         97                         A. 9506--B
 
 such house and, subsequent thereto, the governor shall evidence in writ-
 ing  the governor's agreement with such resolution to the chairperson of
 the corporation, which resolution shall be in full force and  effect  on
 the  date  of  issuance  of  the  bonds,  permitting the maximum capital
 reserve fund requirement to equal or exceed the amount  of  the  maximum
 capital reserve fund requirement which would be effective upon the issu-
 ance of the bonds in question, but in no event shall the maximum capital
 reserve fund requirement exceed eighty-five million dollars.
   § 2.  This act shall take effect immediately.
 
                                  PART U
 
   Section  1.  Subdivision  3  of section 1 of chapter 21 of the laws of
 1962, constituting the local emergency  housing  rent  control  act,  as
 amended  by  chapter  657  of  the  laws  of 1967, is amended to read as
 follows:
   3. Local determination as to continuation of emergency. The  continua-
 tion,  after  May  thirty-first,  nineteen  hundred  sixty-seven, of the
 public emergency requiring the regulation  and  control  of  residential
 rents  and evictions within cities having a population of one million or
 more shall be a matter for local determination within  each  such  city.
 Any  such  determination  shall be made by the local legislative body of
 such city on or before April first, nineteen hundred sixty-seven and  at
 least  once  in every third year thereafter following a survey which the
 city shall cause to be made of  the  supply  of  housing  accommodations
 within  such city, the condition of such accommodations and the need for
 continuing the regulation and control of residential rents and evictions
 within such city, PROVIDED, HOWEVER, THAT WHEN THE DATE  BY  WHICH  SUCH
 DETERMINATION SHALL BE MADE FALLS IN A CALENDAR YEAR IMMEDIATELY FOLLOW-
 ING  A  CALENDAR  YEAR  DURING  WHICH  A  FEDERAL  DECENNIAL  CENSUS  IS
 CONDUCTED, SUCH DATE SHALL BE POSTPONED BY ONE YEAR. Such  survey  shall
 be submitted to such legislative body not less than thirty nor more than
 sixty days prior to the date of any such determination.
   § 2. This act shall take effect immediately.
 
                                  PART V
 
   Section 1. Subdivision 9 of section 131 of the social services law, as
 added  by  chapter  103 of the laws of 1971 and as renumbered by chapter
 473 of the laws of 1978, is amended to read as follows:
   9. Upon determining that a person is eligible for any form or category
 of public assistance, the social services official shall  issue  to  any
 such  person  to whom payment is to be made, an appropriate [identifica-
 tion] PAYMENT ACCESS card,  [with  a  photograph  affixed,]  in  a  form
 approved  by the [department] OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE, which shall be used as the [department] OFFICE  OF  TEMPORARY  AND
 DISABILITY  ASSISTANCE, by regulation, may prescribe for improved admin-
 istration. [Any person, including the drawee bank, may require the pres-
 entation of such identification card as a condition for  the  acceptance
 and payment of a public assistance check.]
   §  2.  Subparagraph (iii) of paragraph (a) of subdivision 3 of section
 490 of the vehicle and traffic law, as added by chapter 575 of the  laws
 of 2006, is amended to read as follows:
   (iii) Notwithstanding any other law, rule or regulation to the contra-
 ry,  a person who is EITHER (A) sixty-two years of age or older and [who
 is] a recipient of supplemental security income benefits OR (B) A RECIP-

 S. 7506--B                         98                         A. 9506--B
 
 IENT OF PUBLIC ASSISTANCE, AS DEFINED IN SUBDIVISION NINETEEN OF SECTION
 TWO OF  THE  SOCIAL  SERVICES  LAW,  SUPPLEMENTAL  NUTRITION  ASSISTANCE
 PROGRAM BENEFITS, PURSUANT TO SECTION NINETY-FIVE OF THE SOCIAL SERVICES
 LAW,  OR  MEDICAL ASSISTANCE, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
 THIRTY-EIGHT OF SECTION TWO OF THE SOCIAL SERVICES LAW,  AND who has not
 been issued a driver's license, or whose driver's license is expired, or
 who surrendered his or her driver's license, shall be  issued  an  iden-
 tification  card  without  the  payment  of any fee, upon submitting the
 appropriate application. FOR PERSONS APPLYING FOR AN IDENTIFICATION CARD
 PURSUANT TO CLAUSE (B) OF  THIS  SUBPARAGRAPH,  SUCH  APPLICATION  SHALL
 INCLUDE  PROOF  THAT  SUCH  PERSON  IS  IN RECEIPT OF PUBLIC ASSISTANCE,
 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS, OR  MEDICAL  ASSIST-
 ANCE, AS THE CASE MAY BE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law; provided, however, that section one of this
 act shall take effect July 1, 2020.
 
                                  PART W
 
   Section 1. The tax law is amended by adding a  new  section  171-w  to
 read as follows:
   §  171-W. STATE SUPPORT FOR THE LOCAL ENFORCEMENT OF PAST-DUE PROPERTY
 TAXES. 1. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT LOCAL GOVERN-
 MENTS HAVE LIMITED MEANS TO ENFORCE THE COLLECTION OF PAST-DUE  PROPERTY
 TAXES.  THE  LEGISLATURE  FURTHER  FINDS  THAT IT IS APPROPRIATE FOR THE
 STATE TO SUPPORT THE LOCAL ENFORCEMENT OF  PAST-DUE  PROPERTY  TAXES  BY
 AUTHORIZING  THE  COMMISSIONER  TO ADMINISTER A PROGRAM TO DISALLOW STAR
 CREDITS AND EXEMPTIONS TO DELINQUENT PROPERTY OWNERS BASED  ON  INFORMA-
 TION REPORTED TO HIM OR HER BY MUNICIPAL OFFICIALS.
   2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A)  "DELINQUENT  PROPERTY OWNER" MEANS A STAR RECIPIENT WHOSE PRIMARY
 RESIDENCE IS SUBJECT TO PAST-DUE PROPERTY TAXES.
   (B) "PAST-DUE PROPERTY TAXES" MEANS  PROPERTY  TAXES  THAT  HAVE  BEEN
 LEVIED  UPON A PROPERTY OWNER'S PRIMARY RESIDENCE THAT REMAIN UNPAID ONE
 YEAR AFTER THE LAST DATE ON WHICH THEY  COULD  HAVE  BEEN  PAID  WITHOUT
 INTEREST,  OR  WHERE SUCH TAXES ARE PAYABLE IN INSTALLMENTS, THOSE TAXES
 THAT REMAIN UNPAID ONE YEAR AFTER THE  LAST  DATE  ON  WHICH  THE  FINAL
 INSTALLMENT COULD HAVE BEEN PAID WITHOUT INTEREST.
   (C)  "STAR  CREDIT"  MEANS  THE  BASIC STAR PERSONAL INCOME TAX CREDIT
 AUTHORIZED BY SUBSECTION (EEE) OF SECTION SIX HUNDRED SIX OF THIS  CHAP-
 TER.
   (D) "STAR EXEMPTION" MEANS THE BASIC STAR EXEMPTION FROM REAL PROPERTY
 TAXATION  AUTHORIZED  BY  SECTION  FOUR  HUNDRED TWENTY-FIVE OF THE REAL
 PROPERTY TAX LAW.
   (E) "STAR RECIPIENT" MEANS A  PROPERTY  OWNER  WHO  IS  REGISTERED  TO
 RECEIVE  THE STAR CREDIT IN RELATION TO HIS OR HER PRIMARY RESIDENCE, OR
 WHOSE PRIMARY RESIDENCE IS RECEIVING THE STAR EXEMPTION.
   3.  STAR  TAX  PAYMENT  REQUIREMENT;  GENERALLY.  NOTWITHSTANDING  ANY
 PROVISION  OF  LAW TO THE CONTRARY, A PROPERTY OWNER WHOSE PRIMARY RESI-
 DENCE IS SUBJECT TO PAST-DUE PROPERTY TAXES  SHALL  NOT  BE  ALLOWED  TO
 RECEIVE  A  STAR  CREDIT  OR STAR EXEMPTION UNLESS THE PAST-DUE PROPERTY
 TAXES ARE PAID IN FULL ON OR BEFORE A DATE SPECIFIED BY THE  COMMISSION-
 ER.
   4.  COMMISSIONER'S AUTHORITY. THE COMMISSIONER IS HEREBY AUTHORIZED TO
 DEVELOP A PROGRAM TO SUPPORT THE LOCAL ENFORCEMENT OF PAST-DUE  PROPERTY
 TAXES  BY  DISALLOWING  STAR  CREDITS  AND STAR EXEMPTIONS TO DELINQUENT

 S. 7506--B                         99                         A. 9506--B
 
 PROPERTY OWNERS. THE COMMISSIONER SHALL  ESTABLISH  PROCEDURES  FOR  THE
 ADMINISTRATION  OF  THIS  PROGRAM,  WHICH  SHALL  INCLUDE  THE FOLLOWING
 PROVISIONS:
   (A)  THE PROCEDURES BY WHICH MUNICIPAL OFFICIALS SHALL REPORT PAST-DUE
 PROPERTY TAXES AND PROPERTY TAX PAYMENTS TO THE DEPARTMENT.
   (B) THE PROCEDURES BY WHICH THE  DEPARTMENT  SHALL  NOTIFY  DELINQUENT
 PROPERTY  OWNERS  OF THE IMPENDING DISALLOWANCE OF THEIR STAR CREDITS OR
 EXEMPTIONS DUE TO PAST-DUE PROPERTY TAXES.
   (C) THE DATE BY WHICH DELINQUENT PROPERTY OWNERS MUST PAY THEIR  PAST-
 DUE  PROPERTY TAXES IN FULL IN ORDER TO AVOID DISALLOWANCE OF THEIR STAR
 CREDITS OR EXEMPTIONS.
   (D) THE PROCEDURES BY WHICH THE COMMISSIONER SHALL DISALLOW STAR CRED-
 ITS AND NOTIFY ASSESSORS OF THE DISALLOWANCE OF STAR EXEMPTIONS IF PAST-
 DUE PROPERTY TAXES ARE NOT PAID IN FULL BY THE SPECIFIED DATE.
   (E) SUCH OTHER PROCEDURES AS THE COMMISSIONER SHALL DEEM NECESSARY  TO
 CARRY OUT THE PROVISIONS OF THIS SECTION.
   5.  MUNICIPAL REPORTS. THE COMMISSIONER'S PROCEDURES REGARDING MUNICI-
 PAL REPORTING SHALL BE SUBJECT TO THE FOLLOWING PROVISIONS:
   (A) THE COMMISSIONER MAY REQUEST AND SHALL BE ENTITLED TO RECEIVE FROM
 ANY MUNICIPAL CORPORATION OF THE STATE, OR ANY AGENCY OR OFFICIAL THERE-
 OF, SUCH DATA AS THE COMMISSIONER  DEEMS  NECESSARY  TO  EFFECTUATE  THE
 PURPOSES  OF  THIS SECTION.   SUCH INFORMATION SHALL BE SUBMITTED TO THE
 DEPARTMENT AT SUCH TIME AND IN  SUCH  MANNER  AS  THE  COMMISSIONER  MAY
 DIRECT.
   (B)  IN  LIEU OF REQUIRING MUNICIPAL OFFICIALS TO SUBMIT THEIR REPORTS
 DIRECTLY TO  THE  DEPARTMENT,  THE  COMMISSIONER  MAY,  IN  HIS  OR  HER
 DISCRETION,  REQUIRE THAT SUCH REPORTS BE SUBMITTED TO THE COUNTY DIREC-
 TOR OF REAL PROPERTY TAX SERVICES, WHO SHALL INTEGRATE THE REPORTS  INTO
 A  SINGLE  FILE AND SUBMIT IT TO THE DEPARTMENT AT SUCH TIME AND IN SUCH
 MANNER AS THE COMMISSIONER MAY DIRECT. PROVIDED, THAT WHERE THE  COMMIS-
 SIONER  INSTITUTES  SUCH  A PROCEDURE, HE OR SHE MAY EXCLUDE CITIES WITH
 ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR MORE, SO  THAT  INFORMA-
 TION  ABOUT  PAST-DUE PROPERTY TAXES AND PROPERTY TAX PAYMENTS IN SUCH A
 CITY SHALL BE REPORTED DIRECTLY TO THE DEPARTMENT BY A  DESIGNATED  CITY
 OFFICIAL AT SUCH TIME AND IN SUCH MANNER AS THE COMMISSIONER MAY DIRECT.
   (C)  REPORTS AND OTHER RECORDS PREPARED PURSUANT TO THIS SECTION SHALL
 NOT BE SUBJECT TO THE PROVISIONS OF ARTICLE SIX OF THE  PUBLIC  OFFICERS
 LAW.
   6.  NOTIFICATION  OF  DELINQUENT  PROPERTY  OWNERS. THE COMMISSIONER'S
 PROCEDURES REGARDING THE  NOTIFICATION  OF  DELINQUENT  PROPERTY  OWNERS
 SHALL BE SUBJECT TO THE FOLLOWING PROVISIONS:
   (A) THE DEPARTMENT SHALL NOTIFY A DELINQUENT PROPERTY OWNER BY REGULAR
 MAIL AT LEAST THIRTY DAYS PRIOR TO THE DATE BY WHICH HIS OR HER PAST-DUE
 PROPERTY  TAXES  MUST  BE PAID IN FULL IN ORDER TO AVOID DISALLOWANCE OF
 HIS OR HER STAR CREDIT OR EXEMPTION.
   (B) SUCH NOTICE SHALL INCLUDE A STATEMENT THAT  THE  PROPERTY  OWNER'S
 STAR  CREDIT  OR EXEMPTION WILL BE DISALLOWED UNLESS HIS OR HER PAST-DUE
 PROPERTY TAXES ARE PAID IN FULL BY THE DATE SPECIFIED IN THE NOTICE.
   (C) TO THE EXTENT  PRACTICABLE,  SUCH  NOTICE  SHALL  PROVIDE  CONTACT
 INFORMATION  FOR  THE  LOCAL  OFFICIAL OR OFFICIALS TO WHOM THE PAST-DUE
 PROPERTY TAXES MAY BE PAID.
   (D) SUCH NOTICE SHALL FURTHER STATE THAT THE PROPERTY OWNER'S RIGHT TO
 PROTEST THE DISALLOWANCE OF THE STAR CREDIT OR EXEMPTION IS  LIMITED  TO
 RAISING  ISSUES THAT CONSTITUTE A "MISTAKE OF FACT" AS DEFINED IN SUBDI-
 VISION NINE OF THIS SECTION.

 S. 7506--B                         100                        A. 9506--B
 
   (E) SUCH NOTICE MAY INCLUDE SUCH OTHER INFORMATION AS THE COMMISSIONER
 MAY DEEM NECESSARY.
   7. TIMELY PAYMENT OF PAST-DUE PROPERTY TAXES. IF A DELINQUENT PROPERTY
 OWNER  PAYS  HIS OR HER PAST-DUE PROPERTY TAXES IN FULL ON OR BEFORE THE
 DATE SPECIFIED IN SUCH NOTICE, THE OFFICIAL RECEIVING SUCH PAYMENT SHALL
 SO NOTIFY THE DEPARTMENT AT SUCH TIME AND IN SUCH MANNER  AS  PRESCRIBED
 BY  THE  COMMISSIONER.  THE  PROPERTY  OWNER  SHALL THEN BE PERMITTED TO
 RECEIVE THE STAR CREDIT OR EXEMPTION THAT WOULD HAVE BEEN DISALLOWED  IF
 TIMELY  PAYMENT  HAD  NOT BEEN MADE. HOWEVER, IF THE DEPARTMENT DOES NOT
 LEARN OF THE PAYMENT UNTIL AFTER IT HAS ALREADY DIRECTED AN ASSESSOR  TO
 DENY  A  STAR  EXEMPTION TO A DELINQUENT PROPERTY OWNER, THEN IN LIEU OF
 DIRECTING THE EXEMPTION TO BE RESTORED, THE DEPARTMENT MAY REMIT TO  THE
 PROPERTY  OWNER  PAYMENT  IN  AN AMOUNT THAT WILL REIMBURSE THE PROPERTY
 OWNER FOR THE INCREASE IN HIS OR HER SCHOOL TAX BILL  THAT  IS  DIRECTLY
 ATTRIBUTABLE TO THE LOST STAR EXEMPTION.
   8.  FAILURE  TO MAKE TIMELY PAYMENT. (A) IF THE PAST-DUE TAXES ARE NOT
 PAID ON OR BEFORE THE DATE SPECIFIED IN THE NOTICE THAT HAD BEEN SENT TO
 THE DELINQUENT PROPERTY OWNER, HIS OR HER STAR CREDIT OR STAR  EXEMPTION
 SHALL BE DISALLOWED IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED BY THE
 COMMISSIONER.
   (B)  THE  PROPERTY  OWNER  SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THE
 STAR PROGRAM AGAIN AS LONG AS THE PROPERTY IS SUBJECT TO PAST-DUE  PROP-
 ERTY TAXES.
   (C)  UPON PAYMENT OF THE PAST-DUE PROPERTY TAXES IN FULL, THE OFFICIAL
 RECEIVING SUCH PAYMENT SHALL NOTIFY THE DEPARTMENT AT SUCH TIME  AND  IN
 SUCH  MANNER  AS MAY BE PRESCRIBED BY THE COMMISSIONER. THE COMMISSIONER
 SHALL THEN PROCEED AS FOLLOWS:
   (I) IF THE PROPERTY OWNER HAD PREVIOUSLY BEEN RECEIVING THE STAR CRED-
 IT, THE COMMISSIONER SHALL ALLOW THE PROPERTY OWNER TO RESUME HIS OR HER
 PARTICIPATION IN THE STAR CREDIT PROGRAM  ON  A  PROSPECTIVE  BASIS,  IF
 OTHERWISE  ELIGIBLE,  EFFECTIVE  WITH  THE FIRST TAXABLE YEAR COMMENCING
 AFTER SUCH PAYMENT.
   (II) IF THE PROPERTY OWNER HAD  PREVIOUSLY  BEEN  RECEIVING  THE  STAR
 EXEMPTION,  THE  COMMISSIONER  SHALL ALLOW THE PROPERTY OWNER TO PARTIC-
 IPATE IN THE STAR CREDIT PROGRAM ON A PROSPECTIVE  BASIS,  IF  OTHERWISE
 ELIGIBLE,  EFFECTIVE  WITH  THE FIRST TAXABLE YEAR COMMENCING AFTER SUCH
 PAYMENT. THE PROPERTY OWNER SHALL NOT BE  ALLOWED  BACK  INTO  THE  STAR
 EXEMPTION PROGRAM.
   (III)  THE  COMMISSIONER SHALL, WHEN MAKING THE FIRST ADVANCED PAYMENT
 OF A STAR CREDIT TO THE PROPERTY TAXPAYER AFTER PAYMENT OF THE  PAST-DUE
 PROPERTY  TAXES IN FULL, ALSO PAY TO SUCH PROPERTY TAXPAYER THE VALUE OF
 THE STAR EXEMPTIONS OR STAR CREDITS THAT  WERE  DISALLOWED  PURSUANT  TO
 PARAGRAPH A OF THIS SUBDIVISION.
   9.  MISTAKE  OF  FACT.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, A
 DISALLOWANCE OF A STAR CREDIT OR STAR EXEMPTION PURSUANT TO THIS SECTION
 MAY ONLY BE CHALLENGED BEFORE THE DEPARTMENT ON THE GROUNDS OF A MISTAKE
 OF FACT AS DEFINED IN THIS SUBDIVISION. THE TAXPAYER WILL HAVE NO  RIGHT
 TO  COMMENCE A COURT ACTION, ADMINISTRATIVE PROCEEDING OR ANY OTHER FORM
 OF LEGAL RECOURSE AGAINST AN ASSESSOR, COUNTY DIRECTOR OF REAL  PROPERTY
 TAX  SERVICES  OR  OTHER LOCAL OFFICIAL REGARDING SUCH DISALLOWANCE. FOR
 THE PURPOSES OF THIS SUBDIVISION, "MISTAKE OF FACT" IS LIMITED TO CLAIMS
 THAT: (I) THE INDIVIDUAL NOTIFIED IS NOT THE TAXPAYER AT ISSUE; OR  (II)
 THE  PAST-DUE PROPERTY TAXES WERE SATISFIED BEFORE THE DATE SPECIFIED IN
 THE NOTICE DESCRIBED IN SUBDIVISION SIX OF THIS SECTION. HOWEVER,  NOTH-
 ING  IN  THIS  SUBDIVISION  IS INTENDED TO LIMIT A TAXPAYER FROM SEEKING
 RELIEF FROM JOINT AND SEVERAL LIABILITY PURSUANT TO SECTION SIX  HUNDRED

 S. 7506--B                         101                        A. 9506--B
 
 FIFTY-FOUR  OF  THIS  CHAPTER  TO  THE EXTENT THAT HE OR SHE IS ELIGIBLE
 PURSUANT TO THAT SUBDIVISION OR ESTABLISHING TO THE DEPARTMENT THAT  THE
 ENFORCEMENT  OF  THE  UNDERLYING  PROPERTY  TAXES HAS BEEN STAYED BY THE
 FILING  OF  A  PETITION  PURSUANT  TO THE BANKRUPTCY CODE OF 1978 (TITLE
 ELEVEN OF THE UNITED STATES CODE).
   10. ASSESSORS. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA-
 RY, THE DEPARTMENT MAY DISCLOSE TO ASSESSORS  SUCH  INFORMATION  AS  THE
 COMMISSIONER  DEEMS  NECESSARY  TO  ENSURE  THAT  THE STAR EXEMPTIONS OF
 DELINQUENT PROPERTY OWNERS ARE DISALLOWED AS REQUIRED BY THIS SECTION.
   (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AN  ASSESSOR
 SHALL  BE  AUTHORIZED  AND DIRECTED TO DENY A STAR EXEMPTION TO A DELIN-
 QUENT PROPERTY OWNER UPON BEING DIRECTED BY THE DEPARTMENT TO DO SO.  IF
 AN ASSESSOR SHOULD RECEIVE SUCH A DIRECTIVE AFTER THE APPLICABLE ASSESS-
 MENT  ROLL HAS BEEN FILED, THE ASSESSOR OR OTHER OFFICIAL HAVING CUSTODY
 AND CONTROL OF THAT ROLL SHALL BE AUTHORIZED AND DIRECTED TO REMOVE SUCH
 EXEMPTION FROM SUCH ROLL PRIOR TO THE  LEVY  OF  SCHOOL  TAXES,  WITHOUT
 REGARD  TO  THE  PROVISIONS  OF  TITLE THREE OF ARTICLE FIVE OF THE REAL
 PROPERTY TAX LAW OR ANY COMPARABLE  LAWS  GOVERNING  THE  CORRECTION  OF
 ADMINISTRATIVE ERRORS ON ASSESSMENT ROLLS AND TAX ROLLS.
   11.  RECOVERY  OF STAR BENEFITS IN CERTAIN CASES. THE COMMISSIONER MAY
 ESTABLISH PROCEDURES TO BE FOLLOWED IN CASES  WHERE  A  STAR  CREDIT  OR
 EXEMPTION  WAS  INADVERTENTLY  OR  ERRONEOUSLY  PROVIDED TO A DELINQUENT
 PROPERTY OWNER WHO WAS SENT THE NOTICE REQUIRED BY  SUBDIVISION  SIX  OF
 THIS SECTION, AND WHOSE PAST-DUE PROPERTY TAXES WERE NOT PAID IN FULL BY
 THE DATE SPECIFIED IN THE NOTICE. SUCH PROCEDURES SHALL INCLUDE, BUT NOT
 BE  LIMITED  TO,  (A)  APPLYING  THE  IMPROPERLY RECEIVED STAR CREDIT OR
 EXEMPTION AS AN OFFSET AGAINST FUTURE  STAR  CREDITS  OR  AGAINST  OTHER
 PERSONAL  INCOME TAX CREDITS OR PERSONAL INCOME TAX REFUNDS TO WHICH THE
 DELINQUENT PROPERTY OWNER WOULD OTHERWISE BE ENTITLED, AND (B)  PURSUING
 ANY  OF  THE  OTHER  REMEDIES  THAT  ARE AVAILABLE TO ENFORCE A PERSONAL
 INCOME TAX DEBT UNDER ARTICLE TWENTY-TWO OF THIS CHAPTER.
   § 2. This act shall take effect immediately.

                                  PART X
 
   Section 1. Section 851 of the tax law  is  amended  by  adding  a  new
 subsection (d) to read as follows:
   (D)  IF  AN  EMPLOYER  DETERMINES  THAT  THE ELECTION MADE PURSUANT TO
 SUBSECTION (B) OF THIS SECTION WAS IN ERROR AND SUCH EMPLOYER  DOES  NOT
 WISH  TO  PARTICIPATE IN THE PROGRAM FOR THE CALENDAR YEAR AND HAS TAKEN
 NO ACTION TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE, THE  EMPLOYER
 MAY REVOKE THE ELECTION TO PARTICIPATE IN THE PROGRAM.  FOR THE CALENDAR
 YEAR  TWO  THOUSAND TWENTY, SUCH REVOCATION OF THE EMPLOYER ELECTION MAY
 BE MADE ON OR BEFORE APRIL FIFTEENTH, TWO THOUSAND TWENTY.  FOR CALENDAR
 YEARS BEGINNING TWO THOUSAND TWENTY-ONE AND THEREAFTER, SUCH  REVOCATION
 OF THE EMPLOYER ELECTION MUST BE MADE NO LATER THAN JANUARY FIFTEENTH OF
 THE IMMEDIATELY SUCCEEDING CALENDAR YEAR AFTER THE EMPLOYER ELECTION WAS
 MADE.
   § 2. This act shall take effect immediately.
 
                                  PART Y
 
   Section  1.    Section 34 of part A3 of chapter 62 of the laws of 2003
 amending the general business law and other laws  relating  to  enacting
 major  components  necessary  to implement the state fiscal plan for the

 S. 7506--B                         102                        A. 9506--B
 
 2003-04 state fiscal year, as amended by section 14 of part H of chapter
 57 of the laws of 2017, is amended to read as follows:
   §  34.  (1) Notwithstanding any inconsistent provision of law, rule or
 regulation and effective April 1, 2008 through March  31,  [2020]  2023,
 the commissioner of health is authorized to transfer and the state comp-
 troller  is authorized and directed to receive for deposit to the credit
 of the department of health's special revenue fund - other, health  care
 reform  act  (HCRA) resources fund - 061, provider collection monitoring
 account, within amounts appropriated each year,  those  funds  collected
 and  accumulated  pursuant  to  section 2807-v of the public health law,
 including income from invested funds, for the  purpose  of  payment  for
 administrative  costs  of  the  department of health related to adminis-
 tration of  statutory  duties  for  the  collections  and  distributions
 authorized by section 2807-v of the public health law.
   (2)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2020]  2023,  the
 commissioner  of  health  is  authorized to transfer and the state comp-
 troller is authorized and directed to receive for deposit to the  credit
 of  the department of health's special revenue fund - other, health care
 reform act (HCRA) resources fund - 061, provider  collection  monitoring
 account,  within  amounts  appropriated each year, those funds collected
 and accumulated and interest earned through surcharges on  payments  for
 health care services pursuant to section 2807-s of the public health law
 and from assessments pursuant to section 2807-t of the public health law
 for the purpose of payment for administrative costs of the department of
 health related to administration of statutory duties for the collections
 and  distributions  authorized by sections 2807-s, 2807-t, and 2807-m of
 the public health law.
   (3) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2020] 2023, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 funds authorized for distribution in accordance with the  provisions  of
 paragraph  (a)  of  subdivision 1 of section 2807-l of the public health
 law for the purposes of payment for administrative costs of the  depart-
 ment  of  health  related  to  the  child  health insurance plan program
 authorized pursuant to title 1-A of article 25 of the public health  law
 into  the  special  revenue funds - other, health care reform act (HCRA)
 resources fund - 061, child health insurance account, established within
 the department of health.
   [(4) Notwithstanding any inconsistent provision of law, rule or  regu-
 lation  and  effective April 1, 2008 through March 31, 2020, the commis-
 sioner of health is  authorized  to  transfer  and  the  comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 funds authorized for distribution in accordance with the  provisions  of
 paragraph  (e)  of  subdivision 1 of section 2807-l of the public health
 law for the purpose of payment for administrative costs of  the  depart-
 ment  of  health  related to the health occupation development and work-
 place demonstration program established pursuant to section  2807-h  and
 the  health workforce retraining program established pursuant to section
 2807-g of the public health law into the special revenue funds -  other,
 health  care  reform  act (HCRA) resources fund - 061, health occupation
 development and workplace  demonstration  program  account,  established
 within the department of health.]
   (5)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2020]  2023,  the

 S. 7506--B                         103                        A. 9506--B
 
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  allocated  pursuant  to paragraph (j) of subdivision 1 of section
 2807-v  of the public health law for the purpose of payment for adminis-
 trative costs of the department of health related to  administration  of
 the state's tobacco control programs and cancer services provided pursu-
 ant  to  sections  2807-r and 1399-ii of the public health law into such
 accounts established within the department of health for such purposes.
   (6) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2020] 2023, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to deposit, within amounts appropriated each year, the funds
 authorized for distribution in accordance with the provisions of section
 2807-l of the public health law for the purposes of payment for adminis-
 trative costs of the department of health related to the programs funded
 pursuant to section 2807-l of the public health  law  into  the  special
 revenue  funds  -  other, health care reform act (HCRA) resources fund -
 061, pilot health insurance account, established within  the  department
 of health.
   (7)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2020]  2023,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  authorized  for distribution in accordance with the provisions of
 subparagraph (ii) of paragraph (f) of subdivision 19 of  section  2807-c
 of  the public health law from monies accumulated and interest earned in
 the bad debt and charity care and capital  statewide  pools  through  an
 assessment  charged  to  general hospitals pursuant to the provisions of
 subdivision 18 of section 2807-c of the  public  health  law  and  those
 funds  authorized  for distribution in accordance with the provisions of
 section 2807-l of the public health law for the purposes of payment  for
 administrative  costs  of  the  department of health related to programs
 funded under section 2807-l of the public health law  into  the  special
 revenue  funds  -  other, health care reform act (HCRA) resources fund -
 061, primary care initiatives account, established within the department
 of health.
   (8) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2020] 2023, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 funds authorized for distribution in accordance with section  2807-l  of
 the  public  health  law  for the purposes of payment for administrative
 costs of the department of  health  related  to  programs  funded  under
 section 2807-l of the public health law into the special revenue funds -
 other,  health  care reform act (HCRA) resources fund - 061, health care
 delivery administration account, established within  the  department  of
 health.
   (9)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2020]  2023,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  authorized  pursuant to sections 2807-d, 3614-a and 3614-b of the
 public health law and section 367-i of the social services law  and  for
 distribution  in  accordance  with  the  provisions  of subdivision 9 of
 section 2807-j of the public health law for the purpose of  payment  for
 administration of statutory duties for the collections and distributions

 S. 7506--B                         104                        A. 9506--B
 
 authorized  by  sections  2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a
 and 3614-b of the public health law and  section  367-i  of  the  social
 services  law into the special revenue funds - other, health care reform
 act (HCRA) resources fund - 061, provider collection monitoring account,
 established within the department of health.
   §  2.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
 section 2807-j of the public health law, as amended by section 5 of part
 H of chapter 57 of the laws of 2017, are amended to read as follows:
   (iv) seven hundred sixty-five million dollars annually  of  the  funds
 accumulated for the periods January first, two thousand through December
 thirty-first, two thousand [nineteen] TWENTY-TWO, and
   (v)  one hundred ninety-one million two hundred fifty thousand dollars
 of the funds accumulated for the  period  January  first,  two  thousand
 [twenty]  TWENTY-THREE through March thirty-first, two thousand [twenty]
 TWENTY-THREE.
   § 3.  Subdivision 5 of section 168 of chapter 639 of the laws of 1996,
 constituting the New York Health Care Reform Act of 1996, as amended  by
 section  1  of  part  H of chapter 57 of the laws of 2017, is amended to
 read as follows:
   5. sections 2807-c, 2807-j, 2807-s and 2807-t  of  the  public  health
 law,  as  amended  or as added by this act, shall expire on December 31,
 [2020] 2023, and shall be thereafter effective only in  respect  to  any
 act  done  on or before such date or action or proceeding arising out of
 such act including continued collections of funds from  assessments  and
 allowances  and  surcharges  established  pursuant  to  sections 2807-c,
 2807-j, 2807-s and 2807-t of the public health law,  and  administration
 and  distributions  of funds from pools established pursuant to sections
 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the  public
 health  law  related  to  patient  services provided before December 31,
 [2020] 2023, and continued expenditure of funds authorized for  programs
 and grants until the exhaustion of funds therefor;
   §  4.   Subdivision 1 of section 138 of chapter 1 of the laws of 1999,
 constituting the New York Health Care Reform Act of 2000, as amended  by
 section  2  of  part  H of chapter 57 of the laws of 2017, is amended to
 read as follows:
   1. sections 2807-c, 2807-j, 2807-s, and 2807-t of  the  public  health
 law,  as  amended by this act, shall expire on December 31, [2020] 2023,
 and shall be thereafter effective only in respect to any act done before
 such date or action or proceeding arising  out  of  such  act  including
 continued  collections  of  funds  from  assessments  and allowances and
 surcharges established pursuant to sections 2807-c, 2807-j,  2807-s  and
 2807-t of the public health law, and administration and distributions of
 funds  from  pools  established  pursuant  to  sections  2807-c, 2807-j,
 2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the  public
 health law, as amended or added by this act, related to patient services
 provided  before  December 31, [2020] 2023, and continued expenditure of
 funds authorized for programs and grants until the exhaustion  of  funds
 therefor;
   §  5.   Section 2807-l of the public health law, as amended by section
 21 of part H of chapter 57 of the laws of 2017, is amended  to  read  as
 follows:
   § 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
 lated  in the health care initiatives pools pursuant to paragraph (b) of
 subdivision nine of section twenty-eight hundred seven-j of  this  arti-
 cle,  or  the  health  care reform act (HCRA) resources fund established
 pursuant to section ninety-two-dd of the state finance law, whichever is

 S. 7506--B                         105                        A. 9506--B
 
 applicable, including income from invested funds, shall  be  distributed
 or retained by the commissioner or by the state comptroller, as applica-
 ble, in accordance with the following.
   (a)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  to programs to provide health care coverage for unin-
 sured or underinsured children pursuant to sections twenty-five  hundred
 ten  and  twenty-five hundred eleven of this chapter from the respective
 health care initiatives pools established for the following  periods  in
 the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 up to one hundred twenty million six hundred thousand dollars;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, up to  one  hundred  sixty-four  million  five  hundred  thousand
 dollars;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 up to one hundred eighty-one million dollars;
   (iv) from the pool for the period January first, two thousand  through
 December thirty-first, two thousand, two hundred seven million dollars;
   (v)  from  the  pool  for  the  period January first, two thousand one
 through December thirty-first, two thousand one, two hundred thirty-five
 million dollars;
   (vi) from the pool for the period  January  first,  two  thousand  two
 through  December  thirty-first, two thousand two, three hundred twenty-
 four million dollars;
   (vii) from the pool for the period January first, two  thousand  three
 through  December  thirty-first,  two thousand three, up to four hundred
 fifty million three hundred thousand dollars;
   (viii) from the pool for the period January first, two  thousand  four
 through  December  thirty-first,  two  thousand four, up to four hundred
 sixty million nine hundred thousand dollars;
   (ix) from the pool or the health  care  reform  act  (HCRA)  resources
 fund,  whichever  is applicable, for the period January first, two thou-
 sand five through December thirty-first, two thousand five,  up  to  one
 hundred fifty-three million eight hundred thousand dollars;
   (x)  from  the  health  care  reform act (HCRA) resources fund for the
 period January first, two thousand six  through  December  thirty-first,
 two  thousand  six, up to three hundred twenty-five million four hundred
 thousand dollars;
   (xi) from the health care reform act (HCRA)  resources  fund  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven, up to four hundred twenty-eight  million  fifty-nine
 thousand dollars;
   (xii)  from  the  health care reform act (HCRA) resources fund for the
 period January first, two thousand eight through December  thirty-first,
 two  thousand  ten,  up  to four hundred fifty-three million six hundred
 seventy-four thousand dollars annually;
   (xiii) from the health care reform act (HCRA) resources fund  for  the
 period  January  first, two thousand eleven, through March thirty-first,
 two thousand eleven, up to one hundred  thirteen  million  four  hundred
 eighteen thousand dollars;
   (xiv)  from  the  health care reform act (HCRA) resources fund for the
 period April first, two thousand eleven, through March thirty-first, two

 S. 7506--B                         106                        A. 9506--B
 
 thousand twelve, up to three hundred twenty-four million  seven  hundred
 forty-four thousand dollars;
   (xv)  from  the  health  care reform act (HCRA) resources fund for the
 period April first, two thousand twelve, through March thirty-first, two
 thousand thirteen, up to three hundred forty-six  million  four  hundred
 forty-four thousand dollars;
   (xvi)  from  the  health care reform act (HCRA) resources fund for the
 period April first, two thousand thirteen, through  March  thirty-first,
 two  thousand  fourteen, up to three hundred seventy million six hundred
 ninety-five thousand dollars; and
   (xvii) from the health care reform act (HCRA) resources fund for  each
 state  fiscal  year  for  periods on and after April first, two thousand
 fourteen, within amounts appropriated.
   (b) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of distributions for health  insurance  programs  under  the  individual
 subsidy programs established pursuant to the expanded health care cover-
 age  act of nineteen hundred eighty-eight as amended, and for evaluation
 of such programs from the respective health care  initiatives  pools  or
 the  health care reform act (HCRA) resources fund, whichever is applica-
 ble, established for the following periods in the following amounts:
   (i) (A) an amount not to exceed six million dollars on  an  annualized
 basis  for  the  periods  January  first,  nineteen hundred ninety-seven
 through December thirty-first, nineteen hundred ninety-nine; up  to  six
 million  dollars  for  the  period  January  first, two thousand through
 December thirty-first, two thousand; up to five million dollars for  the
 period  January  first,  two thousand one through December thirty-first,
 two thousand one; up to four million  dollars  for  the  period  January
 first, two thousand two through December thirty-first, two thousand two;
 up  to  two  million six hundred thousand dollars for the period January
 first, two thousand three through December  thirty-first,  two  thousand
 three;  up  to one million three hundred thousand dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four; up to six hundred seventy thousand dollars for the period
 January  first,  two  thousand five through June thirtieth, two thousand
 five; up to one million three hundred thousand dollars  for  the  period
 April  first,  two thousand six through March thirty-first, two thousand
 seven; and up to one million three hundred thousand dollars annually for
 the period April first, two thousand seven through  March  thirty-first,
 two  thousand  nine,  shall be allocated to individual subsidy programs;
 and
   (B) an amount not to exceed seven million  dollars  on  an  annualized
 basis  for the periods during the period January first, nineteen hundred
 ninety-seven through December thirty-first, nineteen hundred ninety-nine
 and four million dollars annually for the  periods  January  first,  two
 thousand  through  December  thirty-first,  two  thousand two, and three
 million dollars for the period January first, two thousand three through
 December thirty-first, two thousand three, and two million  dollars  for
 the  period  January  first,  two thousand four through December thirty-
 first, two thousand four, and two million dollars for the period January
 first, two thousand five through June thirtieth, two thousand five shall
 be allocated to the catastrophic health care expense program.
   (ii) Notwithstanding any law to the contrary, the characterizations of
 the New York state small business health insurance  partnership  program
 as  in  effect  prior  to  June  thirtieth,  two thousand three, voucher
 program as in effect prior to December thirty-first, two  thousand  one,

 S. 7506--B                         107                        A. 9506--B
 
 individual  subsidy  program  as  in effect prior to June thirtieth, two
 thousand five, and catastrophic  health  care  expense  program,  as  in
 effect prior to June thirtieth, two thousand five, may, for the purposes
 of  identifying  matching funds for the community health care conversion
 demonstration project described in a waiver of the provisions  of  title
 XIX  of the federal social security act granted to the state of New York
 and dated July fifteenth, nineteen hundred ninety-seven, may continue to
 be used to characterize the insurance programs in sections four thousand
 three hundred twenty-one-a, four thousand  three  hundred  twenty-two-a,
 four  thousand  three hundred twenty-six and four thousand three hundred
 twenty-seven of the insurance law, which are successor programs to these
 programs.
   (c) Up to seventy-eight million dollars shall be reserved and  accumu-
 lated  from  year  to  year  from the pool for the period January first,
 nineteen hundred ninety-seven through  December  thirty-first,  nineteen
 hundred  ninety-seven,  for  purposes  of  public health programs, up to
 seventy-six million dollars shall be reserved and accumulated from  year
 to  year  from the pools for the periods January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight  and  January first, nineteen hundred ninety-nine through December
 thirty-first, nineteen hundred ninety-nine, up  to  eighty-four  million
 dollars  shall  be  reserved  and accumulated from year to year from the
 pools for the period January first, two thousand through December  thir-
 ty-first,  two  thousand,  up  to  eighty-five  million dollars shall be
 reserved and accumulated from year to year from the pools for the period
 January first, two thousand one through December thirty-first, two thou-
 sand one, up to eighty-six million dollars shall be reserved and accumu-
 lated from year to year from the pools for the period January first, two
 thousand two through December thirty-first,  two  thousand  two,  up  to
 eighty-six  million one hundred fifty thousand dollars shall be reserved
 and accumulated from year to year from the pools for the period  January
 first,  two  thousand  three through December thirty-first, two thousand
 three, up to fifty-eight million seven hundred eighty  thousand  dollars
 shall  be  reserved and accumulated from year to year from the pools for
 the period January first, two thousand  four  through  December  thirty-
 first, two thousand four, up to sixty-eight million seven hundred thirty
 thousand  dollars  shall  be  reserved and accumulated from year to year
 from the pools or the health care  reform  act  (HCRA)  resources  fund,
 whichever is applicable, for the period January first, two thousand five
 through  December  thirty-first,  two  thousand  five, up to ninety-four
 million three hundred fifty thousand dollars shall be reserved and accu-
 mulated from year to  year  from  the  health  care  reform  act  (HCRA)
 resources  fund  for  the period January first, two thousand six through
 December thirty-first, two thousand six,  up  to  seventy  million  nine
 hundred  thirty-nine  thousand dollars shall be reserved and accumulated
 from year to year from the health care reform act (HCRA) resources  fund
 for  the period January first, two thousand seven through December thir-
 ty-first, two thousand seven,  up  to  fifty-five  million  six  hundred
 eighty-nine  thousand dollars annually shall be reserved and accumulated
 from year to year from the health care reform act (HCRA) resources  fund
 for  the period January first, two thousand eight through December thir-
 ty-first, two thousand ten, up to thirteen million nine hundred  twenty-
 two thousand dollars shall be reserved and accumulated from year to year
 from  the  health  care  reform act (HCRA) resources fund for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven, and for periods on and  after  April  first,  two  thousand

 S. 7506--B                         108                        A. 9506--B
 
 eleven,  up  to  funding amounts specified below and shall be available,
 including income from invested funds, for:
   (i)  deposit by the commissioner, within amounts appropriated, and the
 state comptroller is hereby  authorized  and  directed  to  receive  for
 deposit  to, to the credit of the department of health's special revenue
 fund - other, hospital based grants program account or the  health  care
 reform  act (HCRA) resources fund, whichever is applicable, for purposes
 of services  and  expenses  related  to  general  hospital  based  grant
 programs,  up  to  twenty-two million dollars annually from the nineteen
 hundred ninety-seven pool, nineteen hundred ninety-eight pool,  nineteen
 hundred  ninety-nine  pool, two thousand pool, two thousand one pool and
 two thousand two pool, respectively, up to  twenty-two  million  dollars
 from  the  two  thousand  three  pool, up to ten million dollars for the
 period January first, two thousand four through  December  thirty-first,
 two  thousand  four, up to eleven million dollars for the period January
 first, two thousand five through  December  thirty-first,  two  thousand
 five, up to twenty-two million dollars for the period January first, two
 thousand  six  through  December  thirty-first,  two thousand six, up to
 twenty-two million ninety-seven thousand dollars annually for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand  ten,  up  to  five  million  five hundred twenty-four thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first,  two  thousand eleven, up to thirteen million four hundred
 forty-five thousand dollars for the period  April  first,  two  thousand
 eleven  through March thirty-first, two thousand twelve, and up to thir-
 teen million three hundred  seventy-five  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand twelve through
 March thirty-first, two thousand fourteen;
   (ii) deposit by the commissioner, within amounts appropriated, and the
 state comptroller is hereby  authorized  and  directed  to  receive  for
 deposit  to,  to  the  credit of the emergency medical services training
 account established in section ninety-seven-q of the state  finance  law
 or the health care reform act (HCRA) resources fund, whichever is appli-
 cable,  up  to  sixteen  million  dollars on an annualized basis for the
 periods January first, nineteen hundred  ninety-seven  through  December
 thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
 for  the  period  January  first,  two thousand through December thirty-
 first, two thousand, up to twenty-one million  dollars  for  the  period
 January first, two thousand one through December thirty-first, two thou-
 sand one, up to twenty-two million dollars for the period January first,
 two  thousand two through December thirty-first, two thousand two, up to
 twenty-two million five hundred fifty thousand dollars  for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three, up to nine million six hundred eighty  thousand  dollars
 for  the  period January first, two thousand four through December thir-
 ty-first, two thousand four, up to twelve  million  one  hundred  thirty
 thousand dollars for the period January first, two thousand five through
 December  thirty-first, two thousand five, up to twenty-four million two
 hundred fifty thousand dollars for the period January first,  two  thou-
 sand  six  through December thirty-first, two thousand six, up to twenty
 million four hundred ninety-two thousand dollars annually for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand  ten,  up  to  five  million  one hundred twenty-three thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first,  two thousand eleven, up to eighteen million three hundred
 fifty thousand dollars for the period April first, two  thousand  eleven

 S. 7506--B                         109                        A. 9506--B
 
 through  March thirty-first, two thousand twelve, up to eighteen million
 nine hundred fifty thousand dollars for  the  period  April  first,  two
 thousand twelve through March thirty-first, two thousand thirteen, up to
 nineteen  million  four hundred nineteen thousand dollars for the period
 April first, two thousand thirteen through March thirty-first, two thou-
 sand fourteen, and up to nineteen million six hundred  fifty-nine  thou-
 sand  seven  hundred  dollars  each  state fiscal year for the period of
 April first, two thousand fourteen through March thirty-first, two thou-
 sand [twenty] TWENTY-THREE;
   (iii) priority distributions by  the  commissioner  up  to  thirty-two
 million dollars on an annualized basis for the period January first, two
 thousand  through  December thirty-first, two thousand four, up to thir-
 ty-eight million dollars on an annualized basis for the  period  January
 first,  two  thousand  five  through December thirty-first, two thousand
 six, up to eighteen million two hundred fifty thousand dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven, up to three million dollars annually for the  period
 January  first,  two  thousand  eight through December thirty-first, two
 thousand ten, up to seven hundred fifty thousand dollars for the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand  eleven, up to two million nine hundred thousand dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March  thirty-first,  two  thousand fourteen, and up to two million nine
 hundred thousand dollars each state fiscal year  for  the  period  April
 first,  two  thousand  fourteen through March thirty-first, two thousand
 [twenty] TWENTY-THREE to be allocated (A) for the  purposes  established
 pursuant  to  subparagraph (ii) of paragraph (f) of subdivision nineteen
 of section twenty-eight hundred seven-c of this article as in effect  on
 December thirty-first, nineteen hundred ninety-six and as may thereafter
 be amended, up to fifteen million dollars annually for the periods Janu-
 ary  first,  two  thousand  through  December thirty-first, two thousand
 four, up to twenty-one million dollars annually for the  period  January
 first,  two  thousand  five  through December thirty-first, two thousand
 six, and up to seven million five hundred thousand dollars for the peri-
 od January first, two thousand seven  through  March  thirty-first,  two
 thousand seven;
   (B)  pursuant  to  a  memorandum  of understanding entered into by the
 commissioner, the majority leader of the senate and the speaker  of  the
 assembly,  for  the purposes outlined in such memorandum upon the recom-
 mendation of the majority leader  of the senate,  up  to  eight  million
 five hundred thousand dollars annually for the period January first, two
 thousand through December thirty-first, two thousand six, and up to four
 million two hundred fifty thousand dollars for the period January first,
 two  thousand  seven through June thirtieth, two thousand seven, and for
 the purposes outlined in such memorandum upon the recommendation of  the
 speaker  of  the  assembly,  up  to  eight million five hundred thousand
 dollars annually for the periods January  first,  two  thousand  through
 December  thirty-first,  two  thousand  six,  and up to four million two
 hundred fifty thousand dollars for the period January first,  two  thou-
 sand seven through June thirtieth, two thousand seven; and
   (C)  for services and expenses, including grants, related to emergency
 assistance distributions as designated by the  commissioner.    Notwith-
 standing  section  one  hundred twelve or one hundred sixty-three of the
 state finance law or any other contrary provision of law, such  distrib-
 utions shall be limited to providers or programs where, as determined by
 the  commissioner,  emergency assistance is vital to protect the life or

 S. 7506--B                         110                        A. 9506--B
 
 safety of patients, to ensure the retention of  facility  caregivers  or
 other  staff, or in instances where health facility operations are jeop-
 ardized, or where the public health is jeopardized  or  other  emergency
 situations  exist,  up  to three million dollars annually for the period
 April first, two thousand seven through March thirty-first, two thousand
 eleven, up to two million  nine  hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two  thousand  fourteen,  up  to  two  million  nine
 hundred  thousand  dollars  each  state fiscal year for the period April
 first, two thousand fourteen through March  thirty-first,  two  thousand
 seventeen,  [and]  up  to two million nine hundred thousand dollars each
 state fiscal year for the period April  first,  two  thousand  seventeen
 through  March  thirty-first, two thousand twenty, AND UP TO TWO MILLION
 NINE HUNDRED THOUSAND DOLLARS EACH STATE  FISCAL  YEAR  FOR  THE  PERIOD
 APRIL  FIRST,  TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOU-
 SAND TWENTY-THREE. Upon any distribution of such funds, the commissioner
 shall immediately notify the chair and ranking minority  member  of  the
 senate  finance  committee,  the  assembly ways and means committee, the
 senate committee on health, and the assembly committee on health;
   (iv) distributions by  the  commissioner  related  to  poison  control
 centers  pursuant  to subdivision seven of section twenty-five hundred-d
 of this chapter, up to five  million  dollars  for  the  period  January
 first,  nineteen  hundred  ninety-seven  through  December thirty-first,
 nineteen hundred ninety-seven, up to three million dollars on an annual-
 ized basis for the periods during the  period  January  first,  nineteen
 hundred  ninety-eight  through  December  thirty-first, nineteen hundred
 ninety-nine, up to five million dollars annually for the periods January
 first, two thousand through December thirty-first, two thousand two,  up
 to  four  million  six hundred thousand dollars annually for the periods
 January first, two thousand three  through  December  thirty-first,  two
 thousand  four,  up to five million one hundred thousand dollars for the
 period January first, two thousand five through  December  thirty-first,
 two  thousand  six  annually,  up  to  five million one hundred thousand
 dollars annually for  the  period  January  first,  two  thousand  seven
 through  December  thirty-first,  two thousand nine, up to three million
 six hundred thousand dollars for the period January first, two  thousand
 ten through December thirty-first, two thousand ten, up to seven hundred
 seventy-five thousand dollars for the period January first, two thousand
 eleven  through  March  thirty-first,  two  thousand  eleven,  up to two
 million five hundred thousand dollars each state  fiscal  year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen, up to three million dollars each  state  fiscal  year
 for  the period April first, two thousand fourteen through March thirty-
 first, two thousand seventeen, [and] up to three  million  dollars  each
 state  fiscal  year  for  the period April first, two thousand seventeen
 through March thirty-first, two thousand twenty, AND UP TO THREE MILLION
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE; and
   (v)  deposit by the commissioner, within amounts appropriated, and the
 state comptroller is hereby  authorized  and  directed  to  receive  for
 deposit  to, to the credit of the department of health's special revenue
 fund - other, miscellaneous special revenue  fund  -  339  maternal  and
 child  HIV  services  account  or  the  health  care  reform  act (HCRA)
 resources fund, whichever is  applicable,  for  purposes  of  a  special
 program  for  HIV services for women and children, including adolescents
 pursuant to section twenty-five hundred-f-one of  this  chapter,  up  to

 S. 7506--B                         111                        A. 9506--B
 
 five  million  dollars annually for the periods January first, two thou-
 sand through December thirty-first, two thousand two, up to five million
 dollars for the period January first, two thousand three through  Decem-
 ber  thirty-first,  two  thousand  three, up to two million five hundred
 thousand dollars for the period January first, two thousand four through
 December thirty-first, two thousand four, up to two million five hundred
 thousand dollars for the period January first, two thousand five through
 December thirty-first, two thousand five, up to five million dollars for
 the period January first, two  thousand  six  through  December  thirty-
 first,  two  thousand  six,  up to five million dollars annually for the
 period January first, two thousand seven through December  thirty-first,
 two  thousand  ten, up to one million two hundred fifty thousand dollars
 for the period January first, two thousand eleven through March  thirty-
 first,  two  thousand  eleven, and up to five million dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March thirty-first, two thousand fourteen;
   (d)  (i)  An  amount  of up to twenty million dollars annually for the
 period January first, two thousand through  December  thirty-first,  two
 thousand  six,  up  to ten million dollars for the period January first,
 two thousand seven through June thirtieth, two  thousand  seven,  up  to
 twenty  million dollars annually for the period January first, two thou-
 sand eight through December thirty-first, two thousand ten, up  to  five
 million  dollars  for  the  period  January  first,  two thousand eleven
 through March thirty-first, two thousand eleven, up to nineteen  million
 six hundred thousand dollars each state fiscal year for the period April
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 fourteen, up to nineteen million six hundred thousand dollars each state
 fiscal year for the period April first, two  thousand  fourteen  through
 March thirty-first, two thousand seventeen, [and] up to nineteen million
 six  hundred  thousand  dollars each state fiscal year for the period of
 April first, two thousand  seventeen  through  March  thirty-first,  two
 thousand twenty, AND UP TO NINETEEN MILLION SIX HUNDRED THOUSAND DOLLARS
 EACH STATE FISCAL YEAR FOR THE PERIOD OF APRIL FIRST, TWO THOUSAND TWEN-
 TY  THROUGH  MARCH  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-THREE, shall be
 transferred to the health facility restructuring pool established pursu-
 ant to section twenty-eight hundred fifteen of this article;
   (ii) provided, however, amounts transferred pursuant  to  subparagraph
 (i)  of this paragraph may be reduced in an amount to be approved by the
 director of the budget to reflect the amount received from  the  federal
 government  under  the  state's  1115 waiver which is directed under its
 terms and conditions to the health facility restructuring program.
   (e) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be available,  including income from invested funds, for purposes
 of distributions  to  organizations  to  support  the  health  workforce
 retraining  program established pursuant to section twenty-eight hundred
 seven-g of this  article from the  respective  health  care  initiatives
 pools  established  for  the  following periods in the following amounts
 from the pools or the health care  reform  act  (HCRA)  resources  fund,
 whichever  is  applicable,  during  the  period  January first, nineteen
 hundred ninety-seven through  December  thirty-first,  nineteen  hundred
 ninety-nine,  up  to fifty million dollars on an annualized basis, up to
 thirty million dollars  for  the  period  January  first,  two  thousand
 through December thirty-first, two thousand, up to forty million dollars
 for  the period January first, two thousand one through December thirty-
 first, two thousand one, up to fifty  million  dollars  for  the  period
 January first, two thousand two through December thirty-first, two thou-

 S. 7506--B                         112                        A. 9506--B
 
 sand two, up to forty-one million one hundred fifty thousand dollars for
 the  period  January  first, two thousand three through December thirty-
 first, two thousand three, up to forty-one  million  one  hundred  fifty
 thousand dollars for the period January first, two thousand four through
 December  thirty-first,  two  thousand  four,  up to fifty-eight million
 three hundred sixty thousand dollars for the period January  first,  two
 thousand  five  through  December thirty-first, two thousand five, up to
 fifty-two million three hundred sixty thousand dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand  six, up to thirty-five million four hundred thousand dollars annu-
 ally for the period January first, two thousand seven  through  December
 thirty-first,  two thousand ten, up to eight million eight hundred fifty
 thousand dollars for the  period  January  first,  two  thousand  eleven
 through  March  thirty-first,  two  thousand  eleven, up to twenty-eight
 million four hundred thousand dollars each state  fiscal  year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen, up to  twenty-six  million  eight  hundred  seventeen
 thousand  dollars each state fiscal year for the period April first, two
 thousand fourteen through March thirty-first,  two  thousand  seventeen,
 [and]  up to twenty-six million eight hundred seventeen thousand dollars
 each state fiscal year for the period April first, two  thousand  seven-
 teen  through March thirty-first, two thousand twenty, AND UP TO TWENTY-
 SIX MILLION EIGHT HUNDRED SEVENTEEN THOUSAND DOLLARS EACH  STATE  FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
 TY-FIRST,  TWO THOUSAND TWENTY-THREE, less the amount of funds available
 for allocations for rate adjustments for workforce training programs for
 payments by state governmental agencies for inpatient hospital services.
   (f) Funds shall be accumulated and transferred from as follows:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 (A)  thirty-four  million   six hundred thousand dollars shall be trans-
 ferred to funds reserved and accumulated pursuant to  paragraph  (b)  of
 subdivision  nineteen  of  section  twenty-eight hundred seven-c of this
 article, and (B) eighty-two million dollars  shall  be  transferred  and
 deposited  and  credited to the credit of the state general fund medical
 assistance local assistance account;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, eighty-two million dollars shall be transferred and deposited and
 credited to the credit of the  state  general  fund  medical  assistance
 local assistance account;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 eighty-two million dollars shall be transferred and deposited and  cred-
 ited  to  the  credit of the state general fund medical assistance local
 assistance account;
   (iv) from the pool or the health  care  reform  act  (HCRA)  resources
 fund,  whichever  is applicable, for the period January first, two thou-
 sand  through  December  thirty-first,  two  thousand  four,  eighty-two
 million dollars annually, and for the period January first, two thousand
 five  through  December  thirty-first,  two  thousand  five,  eighty-two
 million dollars, and for the period  January  first,  two  thousand  six
 through  December  thirty-first,  two  thousand  six, eighty-two million
 dollars, and for the period January first, two  thousand  seven  through
 December  thirty-first,  two thousand seven, eighty-two million dollars,
 and for the period January first, two thousand  eight  through  December

 S. 7506--B                         113                        A. 9506--B
 
 thirty-first,  two thousand eight, ninety million seven hundred thousand
 dollars shall be deposited by the  commissioner,  and  the  state  comp-
 troller  is hereby authorized and directed to receive for deposit to the
 credit  of  the  state special revenue fund - other, HCRA transfer fund,
 medical assistance account;
   (v) from the health care reform act  (HCRA)  resources  fund  for  the
 period  January  first, two thousand nine through December thirty-first,
 two thousand nine, one hundred eight million nine  hundred  seventy-five
 thousand  dollars,  and  for  the period January first, two thousand ten
 through December thirty-first, two thousand ten, one hundred  twenty-six
 million  one hundred thousand dollars, for the period January first, two
 thousand eleven through March thirty-first, two thousand eleven,  twenty
 million  five  hundred  thousand dollars, and for each state fiscal year
 for the period April first, two thousand eleven  through  March  thirty-
 first, two thousand fourteen, one hundred forty-six million four hundred
 thousand  dollars, shall be deposited by the commissioner, and the state
 comptroller is hereby authorized and directed to receive for deposit, to
 the credit of the state special revenue  fund  -  other,  HCRA  transfer
 fund, medical assistance account.
   (g)  Funds  shall be transferred to primary health care services pools
 created by the commissioner, and shall be  available,  including  income
 from invested funds, for distributions in accordance with former section
 twenty-eight hundred seven-bb of this article from the respective health
 care  initiatives  pools  for  the  following  periods  in the following
 percentage amounts of funds remaining after  allocations  in  accordance
 with paragraphs (a) through (f) of this subdivision:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 fifteen and eighty-seven-hundredths percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, fifteen and eighty-seven-hundredths percent; and
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 sixteen and thirteen-hundredths percent.
   (h)  Funds  shall be reserved and accumulated from year to year by the
 commissioner and shall be  available,  including  income  from  invested
 funds,  for  purposes of primary care education and training pursuant to
 article nine of this chapter from the respective health care initiatives
 pools established for the following periods in the following  percentage
 amounts  of  funds  remaining after allocations in accordance with para-
 graphs (a) through (f) of this subdivision and shall  be  available  for
 distributions as follows:
   (i) funds shall be reserved and accumulated:
   (A) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 six and thirty-five-hundredths percent;
   (B) from the pool for the period January first, nineteen hundred nine-
 ty-eight through December thirty-first, nineteen  hundred  ninety-eight,
 six and thirty-five-hundredths percent; and
   (C) from the pool for the period January first, nineteen hundred nine-
 ty-nine through December thirty-first, nineteen hundred ninety-nine, six
 and forty-five-hundredths percent;
   (ii)  funds shall be available for distributions including income from
 invested funds as follows:

 S. 7506--B                         114                        A. 9506--B
 
   (A) for purposes of the primary care physician loan repayment  program
 in  accordance  with  section  nine hundred three of this chapter, up to
 five million dollars on an annualized basis;
   (B)  for purposes of the primary care practitioner scholarship program
 in accordance with section nine hundred four of this chapter, up to  two
 million dollars on an annualized basis;
   (C) for purposes of minority participation in medical education grants
 in  accordance  with section nine hundred six of this chapter, up to one
 million dollars on an annualized basis; and
   (D) provided, however, that the commissioner may reallocate any  funds
 remaining  or unallocated for distributions for the primary care practi-
 tioner scholarship program in accordance with section nine hundred  four
 of this chapter.
   (i)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  distrib-
 utions  in  accordance  with  section  twenty-nine hundred fifty-two and
 section twenty-nine hundred fifty-eight of this chapter for rural health
 care delivery development and  rural  health  care  access  development,
 respectively,  from  the respective health care initiatives pools or the
 health care reform act (HCRA) resources fund, whichever  is  applicable,
 for  the  following periods in the following percentage amounts of funds
 remaining after allocations in accordance with  paragraphs  (a)  through
 (f) of this subdivision, and for periods on and after January first, two
 thousand, in the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 thirteen and forty-nine-hundredths percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, thirteen and forty-nine-hundredths percent;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 thirteen and seventy-one-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December thirty-first, two thousand two, seventeen million dollars annu-
 ally,  and  for  the  period  January  first, two thousand three through
 December thirty-first, two thousand three, up to fifteen  million  eight
 hundred fifty thousand dollars;
   (v) from the pool or the health care reform act (HCRA) resources fund,
 whichever is applicable, for the period January first, two thousand four
 through  December thirty-first, two thousand four, up to fifteen million
 eight hundred fifty thousand dollars, for the period January first,  two
 thousand  five  through  December thirty-first, two thousand five, up to
 nineteen million two hundred thousand dollars, for  the  period  January
 first, two thousand six through December thirty-first, two thousand six,
 up  to  nineteen  million  two  hundred thousand dollars, for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand  ten, up to eighteen million one hundred fifty thousand dollars
 annually, for the period January  first,  two  thousand  eleven  through
 March thirty-first, two thousand eleven, up to four million five hundred
 thirty-eight thousand dollars, for each state fiscal year for the period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen, up to sixteen million two hundred thousand dollars, up to
 sixteen million two hundred thousand dollars each state fiscal year  for
 the  period  April  first,  two  thousand fourteen through March thirty-
 first, two thousand seventeen, [and] up to sixteen million  two  hundred

 S. 7506--B                         115                        A. 9506--B
 
 thousand  dollars each state fiscal year for the period April first, two
 thousand seventeen through March thirty-first, two thousand twenty,  AND
 UP  TO  SIXTEEN  MILLION  TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
 TY-FIRST, TWO THOUSAND TWENTY-THREE.
   (j)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  related to health information and health care quality
 improvement pursuant to former section twenty-eight hundred  seven-n  of
 this  article  from  the respective health care initiatives pools estab-
 lished for the following periods in the following percentage amounts  of
 funds  remaining  after  allocations  in  accordance with paragraphs (a)
 through (f) of this subdivision:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 six and thirty-five-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, six and thirty-five-hundredths percent; and
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 six and forty-five-hundredths percent.
   (k) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available,  including  income  from invested funds, for allo-
 cations  and  distributions  in  accordance  with  section  twenty-eight
 hundred  seven-p  of  this  article  for diagnostic and treatment center
 uncompensated care from the respective health care initiatives pools  or
 the  health care reform act (HCRA) resources fund, whichever is applica-
 ble, for the following periods in the following percentage   amounts  of
 funds  remaining  after  allocations  in  accordance with paragraphs (a)
 through (f) of this subdivision, and for periods on  and  after  January
 first, two thousand, in the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 thirty-eight and one-tenth percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, thirty-eight and one-tenth percent;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 thirty-eight and seventy-one-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December  thirty-first,  two  thousand  two, forty-eight million dollars
 annually, and for the period January first, two thousand  three  through
 June thirtieth, two thousand three, twenty-four million dollars;
   (v)  (A)  from the pool or the health care reform act (HCRA) resources
 fund, whichever is applicable, for the period July first,  two  thousand
 three  through  December  thirty-first,  two  thousand  three, up to six
 million dollars, for the period January first, two thousand four through
 December thirty-first, two thousand six, up to  twelve  million  dollars
 annually,  for  the  period  January  first,  two thousand seven through
 December thirty-first, two thousand thirteen, up to forty-eight  million
 dollars  annually,  for  the period January first, two thousand fourteen
 through March thirty-first, two thousand fourteen, up to twelve  million
 dollars  for the period April first, two thousand fourteen through March
 thirty-first, two thousand seventeen, up to forty-eight million  dollars

 S. 7506--B                         116                        A. 9506--B
 
 annually,  [and]  for  the  period  April  first, two thousand seventeen
 through March thirty-first,  two  thousand  twenty,  up  to  forty-eight
 million  dollars  annually, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND
 TWENTY  THROUGH  MARCH  THIRTY-FIRST,  TWO  THOUSAND TWENTY-THREE, UP TO
 FORTY-EIGHT MILLION DOLLARS ANNUALLY;
   (B) from the health care reform act  (HCRA)  resources  fund  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, an additional  seven  million  five  hundred  thousand
 dollars, for the period January first, two thousand seven through Decem-
 ber  thirty-first,  two  thousand  thirteen, an additional seven million
 five hundred thousand dollars annually, for the  period  January  first,
 two thousand fourteen through March thirty-first, two thousand fourteen,
 an  additional  one million eight hundred seventy-five thousand dollars,
 for the period April first, two thousand fourteen through March  thirty-
 first,  two thousand seventeen, an additional seven million five hundred
 thousand dollars annually, [and] for the period April first,  two  thou-
 sand seventeen through March thirty-first, two thousand twenty, an addi-
 tional seven million five hundred thousand dollars annually, AND FOR THE
 PERIOD  APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO
 THOUSAND TWENTY-THREE, AN ADDITIONAL SEVEN MILLION FIVE HUNDRED THOUSAND
 DOLLARS ANNUALLY  for  voluntary  non-profit  diagnostic  and  treatment
 center  uncompensated  care  in  accordance  with  subdivision four-c of
 section twenty-eight hundred seven-p of this article; and
   (vi) funds reserved and accumulated pursuant  to  this  paragraph  for
 periods  on and after July first, two thousand three, shall be deposited
 by the commissioner, within amounts appropriated, and  the  state  comp-
 troller  is hereby authorized and directed to receive for deposit to the
 credit of the state special revenue funds - other, HCRA  transfer  fund,
 medical  assistance  account, for purposes of funding the state share of
 rate adjustments made pursuant to section twenty-eight  hundred  seven-p
 of  this article, provided, however, that in the event federal financial
 participation is not available for rate  adjustments  made  pursuant  to
 paragraph (b) of subdivision one of section twenty-eight hundred seven-p
 of this article, funds shall be distributed pursuant to paragraph (a) of
 subdivision  one of section twenty-eight hundred seven-p of this article
 from the respective health care initiatives pools  or  the  health  care
 reform act (HCRA) resources fund, whichever is applicable.
   (l)  Funds  shall be reserved and accumulated from year to year by the
 commissioner and shall be  available,  including  income  from  invested
 funds, for transfer to and allocation  for services and expenses for the
 payment  of benefits to recipients of  drugs under the AIDS drug assist-
 ance program (ADAP) - HIV uninsured  care  program  as  administered  by
 Health  Research  Incorporated  from  the respective  health care initi-
 atives pools or the health care reform act (HCRA) resources fund, which-
 ever is applicable, established for the following periods in the follow-
 ing  percentage  amounts  of  funds  remaining  after   allocations   in
 accordance  with paragraphs (a) through (f) of this subdivision, and for
 periods on and after January  first,  two  thousand,  in  the  following
 amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 nine and fifty-two-hundredths percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, nine and fifty-two-hundredths percent;

 S. 7506--B                         117                        A. 9506--B
 
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine  and  December  thirty-first,  nineteen hundred ninety-nine,
 nine and sixty-eight-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December  thirty-first,  two  thousand two, up to twelve million dollars
 annually, and for the period January first, two thousand  three  through
 December  thirty-first, two thousand three, up to forty million dollars;
 and
   (v) from the pool or the health care reform act (HCRA) resources fund,
 whichever is applicable, for the periods  January  first,  two  thousand
 four  through  December thirty-first, two thousand four, up to fifty-six
 million dollars, for the period January first, two thousand five through
 December thirty-first, two thousand six, up  to  sixty  million  dollars
 annually,  for  the  period  January  first,  two thousand seven through
 December thirty-first, two thousand ten, up  to  sixty  million  dollars
 annually,  for  the  period  January  first, two thousand eleven through
 March thirty-first, two thousand eleven, up to fifteen million  dollars,
 each  state  fiscal year for the period April first, two thousand eleven
 through March thirty-first,  two  thousand  fourteen,  up  to  forty-two
 million three hundred thousand dollars and up to forty-one million fifty
 thousand  dollars each state fiscal year for the period April first, two
 thousand fourteen through  March  thirty-first,  two  thousand  [twenty]
 TWENTY-THREE.
   (m)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  pursuant  to  section twenty-eight hundred seven-r of
 this article for cancer related services from the respective health care
 initiatives pools or the health care reform act (HCRA)  resources  fund,
 whichever  is  applicable,  established for the following periods in the
 following percentage amounts of funds  remaining  after  allocations  in
 accordance  with paragraphs (a) through (f) of this subdivision, and for
 periods on and after January  first,  two  thousand,  in  the  following
 amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 seven and ninety-four-hundredths percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, seven and ninety-four-hundredths percent;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
 and forty-five-hundredths percent;
   (iv)  from the pool for the period January first, two thousand through
 December thirty-first, two thousand two, up to ten million dollars on an
 annual basis;
   (v) from the pool for the period January  first,  two  thousand  three
 through  December  thirty-first,  two thousand four, up to eight million
 nine hundred fifty thousand dollars on an annual basis;
   (vi) from the pool or the health  care  reform  act  (HCRA)  resources
 fund,  whichever  is applicable, for the period January first, two thou-
 sand five through December thirty-first, two thousand  six,  up  to  ten
 million  fifty thousand dollars on an annual basis, for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand  ten,  up  to nineteen million dollars annually, and for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven, up to four million seven hundred fifty thousand dollars.

 S. 7506--B                         118                        A. 9506--B
 
   (n) Funds shall be accumulated and transferred from  the  health  care
 reform act (HCRA) resources fund as follows: for the period April first,
 two  thousand  seven through March thirty-first, two thousand eight, and
 on an annual basis for the  periods  April  first,  two  thousand  eight
 through  November  thirtieth,  two  thousand  nine, funds within amounts
 appropriated shall be transferred and  deposited  and  credited  to  the
 credit  of  the state special revenue funds - other, HCRA transfer fund,
 medical assistance account, for purposes of funding the state  share  of
 rate  adjustments  made  to public and voluntary hospitals in accordance
 with paragraphs (i) and (j) of subdivision one of  section  twenty-eight
 hundred seven-c of this article.
   2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
 lation, any funds accumulated  in  the  health  care  initiatives  pools
 pursuant  to  paragraph  (b) of subdivision nine of section twenty-eight
 hundred seven-j of this article, as a result of surcharges,  assessments
 or  other obligations during the periods January first, nineteen hundred
 ninety-seven through December  thirty-first,  nineteen  hundred  ninety-
 nine, which are unused or uncommitted for distributions pursuant to this
 section  shall  be  reserved  and  accumulated  from year to year by the
 commissioner and, within amounts appropriated, transferred and deposited
 into the special revenue funds - other,  miscellaneous  special  revenue
 fund  -  339,  child  health  insurance account or any successor fund or
 account, for purposes of distributions to  implement  the  child  health
 insurance  program  established pursuant to sections twenty-five hundred
 ten and twenty-five hundred eleven of this chapter for  periods  on  and
 after January first, two thousand one; provided, however, funds reserved
 and  accumulated  for  priority  distributions  pursuant to subparagraph
 (iii) of paragraph (c) of subdivision one of this section shall  not  be
 transferred  and  deposited  into such account pursuant to this subdivi-
 sion; and provided further, however, that any unused or uncommitted pool
 funds accumulated and allocated pursuant to paragraph (j) of subdivision
 one of this section shall be distributed  for  purposes  of  the  health
 information and quality improvement act of 2000.
   3.  Revenue  from  distributions pursuant to this section shall not be
 included in gross revenue  received  for  purposes  of  the  assessments
 pursuant to subdivision eighteen of section twenty-eight hundred seven-c
 of  this article, subject to the provisions of paragraph (e) of subdivi-
 sion eighteen of section twenty-eight hundred seven-c of  this  article,
 and  shall not be included in gross revenue received for purposes of the
 assessments pursuant to section twenty-eight  hundred  seven-d  of  this
 article,  subject  to  the  provisions  of subdivision twelve of section
 twenty-eight hundred seven-d of this article.
   § 6. Subdivision 1, paragraph (f) of subdivision 3, paragraphs (a) and
 (d) of subdivision 5 and subdivisions 5-a and 12 of  section  2807-m  of
 the  public health law, subdivision 1 as amended by section 16 of part B
 of chapter 58 of the laws of 2008, the opening  paragraph  of  paragraph
 (s)  of  subdivision  1  as  amended  by section 95 and paragraph (f) of
 subdivision 3 as amended by section 97 of part C of chapter  58  of  the
 laws  of 2009, paragraph (a) of subdivision 5 as amended by section 75-b
 of part C of chapter 58 of the laws of 2008, paragraph (d)  of  subdivi-
 sion  5  as added by section 10-a of part E of chapter 63 of the laws of
 2005, subdivision 5-a as amended by section 6 of part H of chapter 57 of
 the laws of 2017 and subdivision 12 as added by section 3 of part  R  of
 chapter 59 of the laws of 2016, are amended to read as follows:
   1.  Definitions.  For  purposes  of  this section, the following defi-
 nitions shall apply, unless the context clearly requires otherwise:

 S. 7506--B                         119                        A. 9506--B
 
   (a) "Clinical research" means patient-oriented research, epidemiologic
 and  behavioral  studies,  or  outcomes  research  and  health  services
 research  that  is approved by an institutional review board by the time
 the clinical research position is filled.
   (b) "Clinical research plan" means a plan submitted by a consortium or
 teaching  general hospital for a clinical research position which demon-
 strates, in a form to be provided by the commissioner, the following:
   (i) financial support for overhead, supervision, equipment  and  other
 resources  equal  to the amount of funding provided pursuant to subpara-
 graph (i) of paragraph (b) of subdivision five-a of this section by  the
 teaching  general hospital or consortium for the clinical research posi-
 tion;
   (ii) experience the sponsor-mentor and teaching general  hospital  has
 in clinical research and the medical field of the study;
   (iii)  methods, data collection and anticipated measurable outcomes of
 the clinical research to be performed;
   (iv) training goals, objectives and experience the researcher will  be
 provided to assess a future career in clinical research;
   (v)  scientific  relevance,  merit  and  health  implications  of  the
 research to be performed;
   (vi) information on potential  scientific  meetings  and  peer  review
 journals where research results can be disseminated;
   (vii)  clear  and comprehensive details on the clinical research posi-
 tion;
   (viii) qualifications necessary for the clinical research position and
 strategy for recruitment;
   (ix) non-duplication with other clinical research positions  from  the
 same teaching general hospital or consortium;
   (x)  methods  to  track the career of the clinical researcher once the
 term of the position is complete; and
   (xi) any other information required by the commissioner  to  implement
 subparagraph (i) of paragraph (b) of subdivision five-a of this section.
   (xii) The clinical review plan submitted in accordance with this para-
 graph  may  be reviewed by the commissioner in consultation with experts
 outside the department of health.
   (c) "Clinical research position" means a post-graduate residency posi-
 tion which:
   (i) shall not be required in order for the researcher  to  complete  a
 graduate medical education program;
   (ii)  may  be reimbursed by other sources but only for costs in excess
 of the funding distributed in accordance with subparagraph (i) of  para-
 graph (b) of subdivision five-a of this section;
   (iii)  shall  exceed  the  minimum  standards that are required by the
 residency review committee in the specialty the researcher  has  trained
 or is currently training;
   (iv)  shall  not be previously funded by the teaching general hospital
 or supported by another funding source at the teaching general  hospital
 in  the  past  three  years  from the date the clinical research plan is
 submitted to the commissioner;
   (v) may supplement an existing research project;
   (vi) shall be equivalent to a full-time position comprising of no less
 than thirty-five hours per week for one or two years;
   (vii) shall provide, or be filled by a researcher who  has  formalized
 instruction  in  clinical  research,  including  biostatistics, clinical
 trial design, grant writing and research ethics;

 S. 7506--B                         120                        A. 9506--B
 
   (viii) shall be supervised by a sponsor-mentor who shall either (A) be
 employed, contracted for employment or paid through an affiliated facul-
 ty practice plan by a teaching general hospital which  has  received  at
 least  one  research grant from the National Institutes of Health in the
 past five years from the date the clinical research plan is submitted to
 the  commissioner;  (B)  maintain  a  faculty  appointment at a medical,
 dental or podiatric school located in New York state that  has  received
 at  least  one  research grant from the National Institutes of Health in
 the past five years from the date the clinical research plan is  submit-
 ted  to  the  commissioner;  or  (C)  be  collaborating  in the clinical
 research plan with  a  researcher  from  another  institution  that  has
 received  at  least  one  research grant from the National Institutes of
 Health in the past five years from the date the clinical  research  plan
 is submitted to the commissioner; and
   (ix)  shall  be  filled  by  a  researcher  who is (A) enrolled or has
 completed a graduate medical education program, as defined in  paragraph
 (i)  of  this  subdivision;  (B)  a  United States citizen, national, or
 permanent resident of the  United  States;  and  (C)  a  graduate  of  a
 medical,  dental or podiatric school located in New York state, a gradu-
 ate or resident in a graduate medical education program, as  defined  in
 paragraph  (i) of this subdivision, where the sponsoring institution, as
 defined in paragraph (q) of this subdivision, is  located  in  New  York
 state,  or  resides  in New York state at the time the clinical research
 plan is submitted to the commissioner.
   (d) "Consortium" means an organization or association, approved by the
 commissioner in consultation with  the  council,  of  general  hospitals
 which  provide  graduate medical education, together with any affiliated
 site; provided that such organization or association  may  also  include
 other  providers  of  health  care  services, medical schools, payors or
 consumers, and which meet other criteria pursuant to subdivision six  of
 this section.
   (e)  "Council"  means  the  New York state council on graduate medical
 education.
   (f) "Direct medical education" means the direct  costs  of  residents,
 interns and supervising physicians.
   (g) "Distribution period" means each calendar year set forth in subdi-
 vision two of this section.
   (h)  "Faculty" means persons who are employed by or under contract for
 employment with a teaching general hospital or are paid through a teach-
 ing general hospital's affiliated faculty practice plan and  maintain  a
 faculty  appointment  at  a  medical  school.  Such persons shall not be
 limited to persons with a degree in medicine.
   (i) "Graduate medical  education  program"  means[,  for  purposes  of
 subparagraph  (i)  of  paragraph  (b)  of  subdivision  five-a  of  this
 section,] a post-graduate medical  education  residency  in  the  United
 States  which  has  received  accreditation from a nationally recognized
 accreditation body or has  been  approved  by  a  nationally  recognized
 organization  for  medical,  osteopathic,  podiatric or dental residency
 programs including, but not limited to, specialty boards.
   (j) "Indirect medical education" means the estimate  of  costs,  other
 than  direct  costs,  of educational activities in teaching hospitals as
 determined in accordance with the methodology applicable for purposes of
 determining  an  estimate  of  indirect  medical  education  costs   for
 reimbursement  for inpatient hospital service pursuant to title XVIII of
 the federal social security act (medicare).

 S. 7506--B                         121                        A. 9506--B
 
   (k) "Medicare" means the methodology used for purposes of  reimbursing
 inpatient  hospital services provided to beneficiaries of title XVIII of
 the federal social security act.
   (l)  "Primary  care"  residents specialties shall include family medi-
 cine, general pediatrics, primary care internal  medicine,  and  primary
 care obstetrics and gynecology. In determining whether a residency is in
 primary care, the commissioner shall consult with the council.
   (m) "Regions", for purposes of this section, shall mean the regions as
 defined  in paragraph (b) of subdivision sixteen of section twenty-eight
 hundred seven-c of this article as in effect on June thirtieth, nineteen
 hundred ninety-six. For purposes of distributions pursuant  to  subdivi-
 sion  five-a  of  this  section, except distributions made in accordance
 with paragraph (a) of subdivision  five-a  of  this  section,  "regions"
 shall be defined as New York city and the rest of the state.
   (n) "Regional pool" means a professional education pool established on
 a  regional  basis  by the commissioner from funds available pursuant to
 sections twenty-eight hundred seven-s and twenty-eight  hundred  seven-t
 of this article.
   (o)  "Resident" means a person in a graduate medical education program
 which has received accreditation from a nationally  recognized  accredi-
 tation  body or in a program approved by any other nationally recognized
 organization for  medical,  osteopathic  or  dental  residency  programs
 including, but not limited to, specialty boards.
   (p)  "Shortage  specialty" means a specialty determined by the commis-
 sioner, in consultation with the council, to be in short supply  in  the
 state of New York.
   (q)  "Sponsoring  institution"  means  the entity that has the overall
 responsibility for a program of graduate medical education. Such  insti-
 tutions  shall  include  teaching  general  hospitals,  medical schools,
 consortia and diagnostic and treatment centers.
   (r) "Weighted resident count"  means  a  teaching  general  hospital's
 total  number  of  residents  as of July first, nineteen hundred ninety-
 five,  including  residents  in   affiliated   non-hospital   ambulatory
 settings,  reported  to  the  commissioner.  Such  resident counts shall
 reflect the weights established in accordance with rules and regulations
 adopted by the state hospital review and planning council  and  approved
 by the commissioner for purposes of implementing subdivision twenty-five
 of section twenty-eight hundred seven-c of this article and in effect on
 July  first,  nineteen  hundred  ninety-five.  Such weights shall not be
 applied to specialty hospitals, specified  by  the  commissioner,  whose
 primary  care  mission  is  to engage in research, training and clinical
 care in specialty  eye  and  ear,  special  surgery,  orthopedic,  joint
 disease, cancer, chronic care or rehabilitative services.
   (s)  "Adjustment  amount" means an amount determined for each teaching
 hospital for periods prior to January first, two thousand nine by:
   (i) determining the difference between (A) a calculation of what  each
 teaching general hospital would have been paid if payments made pursuant
 to  paragraph  (a-3)  of subdivision one of section twenty-eight hundred
 seven-c of this article between January first, nineteen hundred  ninety-
 six  and  December thirty-first, two thousand three were based solely on
 the case mix of  persons  eligible  for  medical  assistance  under  the
 medical  assistance  program pursuant to title eleven of article five of
 the social services law who are enrolled in health maintenance organiza-
 tions and persons paid for under the family health plus program enrolled
 in approved organizations pursuant to title eleven-D of article five  of
 the  social services law during those years, and (B) the actual payments

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 to each such hospital pursuant to paragraph (a-3) of subdivision one  of
 section  twenty-eight  hundred  seven-c  of this article between January
 first, nineteen hundred ninety-six and December thirty-first, two  thou-
 sand three.
   (ii) reducing proportionally each of the amounts determined in subpar-
 agraph  (i) of this paragraph so that the sum of all such amounts totals
 no more than one hundred million dollars;
   (iii) further reducing each of the amounts determined in  subparagraph
 (ii)  of  this  paragraph  by  the amount received by each hospital as a
 distribution from funds designated in paragraph (a) of subdivision  five
 of  this  section attributable to the period January first, two thousand
 three through December thirty-first, two thousand three, except that  if
 such  amount  was  provided  to  a  consortium  then  the  amount of the
 reduction for each hospital in the consortium  shall  be  determined  by
 applying  the  proportion  of  each  hospital's  amount determined under
 subparagraph (i) of this paragraph to the total of such amounts  of  all
 hospitals in such consortium to the consortium award;
   (iv)  further  reducing each of the amounts determined in subparagraph
 (iii) of this paragraph by the amounts specified  in  paragraph  (t)  of
 this subdivision; and
   (v)  dividing  each of the amounts determined in subparagraph (iii) of
 this paragraph by seven.
   (t) "Extra reduction amount" shall mean an  amount  determined  for  a
 teaching  hospital for which an adjustment amount is calculated pursuant
 to paragraph (s) of this subdivision  that  is  the  hospital's  propor-
 tionate  share  of  the sum of the amounts specified in paragraph (u) of
 this subdivision determined based upon a comparison  of  the  hospital's
 remaining  liability calculated pursuant to paragraph (s) of this subdi-
 vision to the sum of all such hospital's remaining liabilities.
   (u) "Allotment amount" shall mean an amount  determined  for  teaching
 hospitals as follows:
   (i)  for  a  hospital for which an adjustment amount pursuant to para-
 graph (s) of this subdivision does not apply, the amount received by the
 hospital pursuant to paragraph (a) of subdivision five of  this  section
 attributable  to  the  period  January first, two thousand three through
 December thirty-first, two thousand three, or
   (ii) for a hospital for which an adjustment amount pursuant  to  para-
 graph  (s) of this subdivision applies and which received a distribution
 pursuant to paragraph (a) of subdivision five of this section  attribut-
 able  to  the  period January first, two thousand three through December
 thirty-first, two thousand three that is  greater  than  the  hospital's
 adjustment  amount,  the  difference between the distribution amount and
 the adjustment amount.
   (f) Effective January first, two thousand five through December  thir-
 ty-first,  two  thousand  eight,  each  teaching  general hospital shall
 receive a distribution from the applicable regional pool  based  on  its
 distribution amount determined under paragraphs (c), (d) and (e) of this
 subdivision  and reduced by its adjustment amount calculated pursuant to
 paragraph (s) of subdivision one of this section and, for  distributions
 for  the  period January first, two thousand five through December thir-
 ty-first, two thousand five, further  reduced  by  its  extra  reduction
 amount  calculated  pursuant to paragraph (t) of subdivision one of this
 section.
   (a) Up to thirty-one million dollars annually for the periods  January
 first,  two  thousand through December thirty-first, two thousand three,
 and up to twenty-five million dollars plus the sum of the amounts speci-

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 fied in paragraph (n) of subdivision one of this section for the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five, and up to thirty-one million  dollars  annually  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand seven, shall be set aside and reserved by the  commissioner
 from  the regional pools established pursuant to subdivision two of this
 section for supplemental distributions in each such region to be made by
 the commissioner to consortia and teaching general hospitals in  accord-
 ance  with a distribution methodology developed in consultation with the
 council and specified in rules and regulations adopted  by  the  commis-
 sioner.
   (d)  Notwithstanding any other provision of law or regulation, for the
 period January first, two thousand five through  December  thirty-first,
 two  thousand  five,  the  commissioner shall distribute as supplemental
 payments the allotment specified in paragraph (n) of subdivision one  of
 this section.
   5-a.  Graduate  medical  education  innovations pool. (a) Supplemental
 distributions. (i) Thirty-one million dollars  for  the  period  January
 first,  two  thousand  eight through December thirty-first, two thousand
 eight, shall be set aside and reserved  by  the  commissioner  from  the
 regional  pools  established pursuant to subdivision two of this section
 and shall be available for distributions pursuant to subdivision five of
 this section and in accordance with section 86-1.89 of title 10  of  the
 codes,  rules  and  regulations of the state of New York as in effect on
 January first, two thousand eight; provided, however,  for  purposes  of
 funding  the  empire  clinical research investigation program (ECRIP) in
 accordance with paragraph eight of subdivision (e) and paragraph two  of
 subdivision  (f)  of section 86-1.89 of title 10 of the codes, rules and
 regulations of the state of New York, distributions shall be made  using
 two  regions  defined as New York city and the rest of the state and the
 dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
 sion (f) of section 86-1.89 of title 10 of the codes,  rules  and  regu-
 lations  of the state of New York shall be increased from sixty thousand
 dollars to seventy-five thousand dollars.
   (ii) For periods on  and  after  January  first,  two  thousand  nine,
 supplemental  distributions pursuant to subdivision five of this section
 and in accordance with section 86-1.89 of title 10 of the  codes,  rules
 and regulations of the state of New York shall no longer be made and the
 provisions  of section 86-1.89 of title 10 of the codes, rules and regu-
 lations of the state of New York shall be null and void.
   (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
 million  one  hundred  twenty  thousand  dollars annually for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand  ten,  and  two million two hundred eighty thousand dollars for
 the period January first, two thousand  eleven,  through  March  thirty-
 first,  two  thousand  eleven,  nine million one hundred twenty thousand
 dollars each state fiscal year for the period April first, two  thousand
 eleven  through  March  thirty-first, two thousand fourteen, up to eight
 million six hundred twelve thousand dollars each state fiscal  year  for
 the  period  April  first,  two  thousand fourteen through March thirty-
 first, two thousand seventeen, [and] up to  eight  million  six  hundred
 twelve  thousand  dollars  each  state  fiscal year for the period April
 first, two thousand seventeen through March thirty-first,  two  thousand
 twenty, AND UP TO EIGHT MILLION SIX HUNDRED TWELVE THOUSAND DOLLARS EACH
 STATE  FISCAL  YEAR  FOR  THE  PERIOD  APRIL  FIRST, TWO THOUSAND TWENTY
 THROUGH MARCH THIRTY-FIRST, TWO  THOUSAND  TWENTY-THREE,  shall  be  set

 S. 7506--B                         124                        A. 9506--B
 
 aside  and  reserved  by the commissioner from the regional pools estab-
 lished pursuant to subdivision two  of  this  section  to  be  allocated
 regionally  with  two-thirds  of the available funding going to New York
 city  and  one-third  of  the available funding going to the rest of the
 state and shall be available for distribution as follows:
   Distributions shall first be made to consortia  and  teaching  general
 hospitals  for the empire clinical research investigator program (ECRIP)
 to help secure federal funding for biomedical research,  train  clinical
 researchers,  recruit national leaders as faculty to act as mentors, and
 train residents and fellows  in  biomedical  research  skills  based  on
 hospital-specific  data  submitted  to the commissioner by consortia and
 teaching general hospitals in accordance with clause (G) of this subpar-
 agraph. Such distributions shall be made in accordance with the  follow-
 ing methodology:
   (A)  The  greatest  number  of clinical research positions for which a
 consortium or teaching general hospital may be funded pursuant  to  this
 subparagraph  shall  be  one  percent  of  the total number of residents
 training at the consortium or teaching general hospital on  July  first,
 two  thousand  eight  for  the  period  January first, two thousand nine
 through December thirty-first, two thousand nine rounded up to the near-
 est one position.
   (B) Distributions made to a consortium or  teaching  general  hospital
 shall  equal  the product of the total number of clinical research posi-
 tions submitted  by  a  consortium  or  teaching  general  hospital  and
 accepted  by the commissioner as meeting the criteria set forth in para-
 graph (b) of subdivision one of this section, subject to  the  reduction
 calculation  set  forth  in  clause  (C) of this subparagraph, times one
 hundred ten thousand dollars.
   (C) If the dollar amount for the total  number  of  clinical  research
 positions  in  the  region  calculated  pursuant  to  clause (B) of this
 subparagraph exceeds the total amount appropriated for purposes of  this
 paragraph,  including clinical research positions that continue from and
 were funded in prior distribution periods, the commissioner shall elimi-
 nate one-half of the  clinical  research  positions  submitted  by  each
 consortium  or teaching general hospital rounded down to the nearest one
 position. Such reduction shall be repeated until the dollar  amount  for
 the  total  number of clinical research positions in the region does not
 exceed the total amount appropriated for purposes of this paragraph.  If
 the  repeated  reduction  of the total number of clinical research posi-
 tions in the region by one-half does not render a total  funding  amount
 that  is equal to or less than the total amount reserved for that region
 within the appropriation, the funding for each clinical  research  posi-
 tion  in  that  region  shall  be reduced proportionally in one thousand
 dollar increments until the total dollar amount for the total number  of
 clinical  research  positions  in  that region does not exceed the total
 amount reserved for that region within the appropriation. Any  reduction
 in  funding will be effective for the duration of the award. No clinical
 research positions that continue from and were funded in prior  distrib-
 ution periods shall be eliminated or reduced by such methodology.
   (D)  Each  consortium  or  teaching general hospital shall receive its
 annual distribution amount in accordance with the following:
   (I) Each consortium or teaching general hospital with a one-year ECRIP
 award  shall  receive  its  annual  distribution  amount  in  full  upon
 completion of the requirements set forth in items (I) and (II) of clause
 (G)  of  this subparagraph. The requirements set forth in items (IV) and
 (V) of clause (G) of this subparagraph must be completed by the  consor-

 S. 7506--B                         125                        A. 9506--B
 
 tium  or teaching general hospital in order for the consortium or teach-
 ing general hospital to be eligible to apply for ECRIP  funding  in  any
 subsequent funding cycle.
   (II)  Each  consortium  or  teaching  general hospital with a two-year
 ECRIP award shall receive its first annual distribution amount  in  full
 upon  completion  of the requirements set forth in items (I) and (II) of
 clause (G) of this subparagraph. Each  consortium  or  teaching  general
 hospital will receive its second annual distribution amount in full upon
 completion  of the requirements set forth in item (III) of clause (G) of
 this subparagraph. The requirements set forth in items (IV) and  (V)  of
 clause  (G)  of this subparagraph must be completed by the consortium or
 teaching general hospital in order for the consortium or teaching gener-
 al hospital to be eligible to apply for ECRIP funding in any  subsequent
 funding cycle.
   (E)  Each  consortium  or teaching general hospital receiving distrib-
 utions pursuant to this subparagraph shall reserve seventy-five thousand
 dollars to primarily fund salary and fringe  benefits  of  the  clinical
 research  position  with  the remainder going to fund the development of
 faculty who are involved in biomedical research, training  and  clinical
 care.
   (F)  Undistributed  or  returned  funds  available  to  fund  clinical
 research positions pursuant to this paragraph for a distribution  period
 shall  be  available to fund clinical research positions in a subsequent
 distribution period.
   (G) In order to be eligible for distributions pursuant to this subpar-
 agraph, each consortium and teaching general hospital shall  provide  to
 the  commissioner by July first of each distribution period, the follow-
 ing data and information on a hospital-specific  basis.  Such  data  and
 information  shall  be  certified as to accuracy and completeness by the
 chief executive officer, chief financial officer or chair of the consor-
 tium governing body of each consortium or teaching general hospital  and
 shall be maintained by each consortium and teaching general hospital for
 five years from the date of submission:
   (I)  For  each  clinical  research  position, information on the type,
 scope, training objectives,  institutional  support,  clinical  research
 experience of the sponsor-mentor, plans for submitting research outcomes
 to  peer reviewed journals and at scientific meetings, including a meet-
 ing sponsored by the department, the name of a principal contact  person
 responsible for tracking the career development of researchers placed in
 clinical  research positions, as defined in paragraph (c) of subdivision
 one of this section, and who is authorized to certify to the commission-
 er that all the requirements of the clinical  research  training  objec-
 tives  set  forth  in this subparagraph shall be met. Such certification
 shall be provided by July first of each distribution period;
   (II) For each clinical research position,  information  on  the  name,
 citizenship  status, medical education and training, and medical license
 number of the researcher, if applicable, shall be provided  by  December
 thirty-first of the calendar year following the distribution period;
   (III)  Information on the status of the clinical research plan, accom-
 plishments, changes in research activities, progress, and performance of
 the researcher shall be provided upon  completion  of  one-half  of  the
 award term;
   (IV)  A  final report detailing training experiences, accomplishments,
 activities and performance of the clinical researcher, and  data,  meth-
 ods,  results  and  analyses  of  the  clinical  research  plan shall be
 provided three months after the clinical research position ends; and

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   (V) Tracking information concerning past  researchers,  including  but
 not  limited  to (A) background information, (B) employment history, (C)
 research status, (D) current research activities, (E)  publications  and
 presentations,  (F)  research  support,  and  (G)  any other information
 necessary to track the researcher; and
   (VI)  Any  other  data  or information required by the commissioner to
 implement this subparagraph.
   (H) Notwithstanding any inconsistent provision  of  this  subdivision,
 for periods on and after April first, two thousand thirteen, ECRIP grant
 awards shall be made in accordance with rules and regulations promulgat-
 ed by the commissioner. Such regulations shall, at a minimum:
   (1)  provide  that ECRIP grant awards shall be made with the objective
 of securing federal funding for biomedical research,  training  clinical
 researchers,  recruiting  national leaders as faculty to act as mentors,
 and training residents and fellows in biomedical research skills;
   (2) provide that ECRIP grant applicants may include  interdisciplinary
 research teams comprised of teaching general hospitals acting in collab-
 oration  with  entities  including  but  not limited to medical centers,
 hospitals, universities and local health departments;
   (3) provide that applications for ECRIP grant awards shall be based on
 such information requested by the commissioner, which shall include  but
 not be limited to hospital-specific data;
   (4)  establish  the  qualifications  for investigators and other staff
 required for grant projects eligible for ECRIP grant awards; and
   (5) establish a methodology for the distribution of funds under  ECRIP
 grant awards.
   [(c)  Ambulatory  care  training.  Four  million nine hundred thousand
 dollars for the period January first, two thousand eight through  Decem-
 ber thirty-first, two thousand eight, four million nine hundred thousand
 dollars for the period January first, two thousand nine through December
 thirty-first,  two  thousand  nine,  four  million nine hundred thousand
 dollars for the period January first, two thousand ten through  December
 thirty-first,  two  thousand  ten,  one  million two hundred twenty-five
 thousand dollars for the  period  January  first,  two  thousand  eleven
 through  March  thirty-first,  two  thousand  eleven, four million three
 hundred thousand dollars each state fiscal year  for  the  period  April
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 fourteen, up to four million sixty thousand dollars  each  state  fiscal
 year  for  the  period  April first, two thousand fourteen through March
 thirty-first, two thousand seventeen, and up to four million sixty thou-
 sand dollars each fiscal year for the period April first,  two  thousand
 seventeen  through March thirty-first, two thousand twenty, shall be set
 aside and reserved by the commissioner from the  regional  pools  estab-
 lished  pursuant  to subdivision two of this section and shall be avail-
 able for distributions to sponsoring  institutions  to  be  directed  to
 support  clinical  training  of  medical students and residents in free-
 standing ambulatory care settings, including  community  health  centers
 and  private  practices. Such funding shall be allocated regionally with
 two-thirds of the available funding going to New York city and one-third
 of the available funding going to the rest of the  state  and  shall  be
 distributed  to  sponsoring  institutions  in  each region pursuant to a
 request for application or request for proposal process with  preference
 being  given  to sponsoring institutions which provide training in sites
 located in underserved rural or inner-city areas and those that  include
 medical students in such training.]

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   [(d)]  (C)  Physician loan repayment program. One million nine hundred
 sixty thousand dollars for the period January first, two thousand  eight
 through  December  thirty-first,  two  thousand  eight, one million nine
 hundred sixty thousand dollars for the period January first,  two  thou-
 sand  nine through December thirty-first, two thousand nine, one million
 nine hundred sixty thousand dollars for the period  January  first,  two
 thousand  ten  through  December  thirty-first,  two  thousand ten, four
 hundred ninety thousand dollars for the period January first, two  thou-
 sand eleven through March thirty-first, two thousand eleven, one million
 seven  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand  fourteen,  up  to  one million seven hundred five thousand dollars
 each state fiscal year for the period April first, two thousand fourteen
 through March thirty-first, two thousand  seventeen,  [and]  up  to  one
 million  seven  hundred five thousand dollars each state fiscal year for
 the period April first, two thousand  seventeen  through  March  thirty-
 first,  two  thousand  twenty,  AND UP TO ONE MILLION SEVEN HUNDRED FIVE
 THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST,  TWO
 THOUSAND  TWENTY  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE,
 shall be set aside and reserved by the commissioner  from  the  regional
 pools  established pursuant to subdivision two of this section and shall
 be available for purposes of physician loan repayment in accordance with
 subdivision ten of this section. Notwithstanding any contrary  provision
 of this section, sections one hundred twelve and one hundred sixty-three
 of  the  state finance law, or any other contrary provision of law, such
 funding shall be allocated regionally with one-third of available  funds
 going  to  New  York city and two-thirds of available funds going to the
 rest of the state and shall be distributed in a manner to be  determined
 by  the  commissioner  without a competitive bid or request for proposal
 process as follows:
   (i) Funding shall first be awarded to repay loans of up to twenty-five
 physicians who train in primary care or  specialty  tracks  in  teaching
 general hospitals, and who enter and remain in primary care or specialty
 practices in underserved communities, as determined by the commissioner.
   (ii)  After  distributions in accordance with subparagraph (i) of this
 paragraph, all remaining funds shall be awarded to repay loans of physi-
 cians who enter and remain in primary care  or  specialty  practices  in
 underserved  communities,  as  determined by the commissioner, including
 but not limited to physicians working in  general  hospitals,  or  other
 health care facilities.
   (iii)  In no case shall less than fifty percent of the funds available
 pursuant to this paragraph be distributed in  accordance  with  subpara-
 graphs (i) and (ii) of this paragraph to physicians identified by gener-
 al hospitals.
   (iv)  In addition to the funds allocated under this paragraph, for the
 period April first, two thousand fifteen through March thirty-first, two
 thousand sixteen,  two  million  dollars  shall  be  available  for  the
 purposes described in subdivision ten of this section;
   (v)  In  addition to the funds allocated under this paragraph, for the
 period April first, two thousand sixteen through March thirty-first, two
 thousand seventeen, two million  dollars  shall  be  available  for  the
 purposes described in subdivision ten of this section;
   (vi) Notwithstanding any provision of law to the contrary, and subject
 to the extension of the Health Care Reform Act of 1996, sufficient funds
 shall be available for the purposes described in subdivision ten of this

 S. 7506--B                         128                        A. 9506--B
 
 section  in amounts necessary to fund the remaining year commitments for
 awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
   [(e)]  (D) Physician practice support. Four million nine hundred thou-
 sand dollars for the period January first, two  thousand  eight  through
 December  thirty-first,  two  thousand  eight, four million nine hundred
 thousand dollars annually for the period  January  first,  two  thousand
 nine  through  December  thirty-first, two thousand ten, one million two
 hundred twenty-five thousand dollars for the period January  first,  two
 thousand  eleven  through  March thirty-first, two thousand eleven, four
 million three hundred thousand dollars each state fiscal  year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen, up to  four  million  three  hundred  sixty  thousand
 dollars  each state fiscal year for the period April first, two thousand
 fourteen through March thirty-first, two thousand seventeen, [and] up to
 four million three hundred sixty thousand dollars for each state  fiscal
 year  for  the  period April first, two thousand seventeen through March
 thirty-first, two thousand twenty, AND UP TO FOUR MILLION THREE  HUNDRED
 SIXTY  THOUSAND DOLLARS FOR EACH FISCAL YEAR FOR THE PERIOD APRIL FIRST,
 TWO THOUSAND TWENTY THROUGH MARCH  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-
 THREE,  shall  be  set  aside  and reserved by the commissioner from the
 regional pools established pursuant to subdivision two of  this  section
 and  shall  be  available  for  purposes  of physician practice support.
 Notwithstanding any contrary provision of  this  section,  sections  one
 hundred  twelve and one hundred sixty-three of the state finance law, or
 any other contrary provision of law, such  funding  shall  be  allocated
 regionally  with one-third of available funds going to New York city and
 two-thirds of available funds going to the rest of the state  and  shall
 be  distributed in a manner to be determined by the commissioner without
 a competitive bid or request for proposal process as follows:
   (i) Preference in funding shall first be accorded to teaching  general
 hospitals  for  up  to  twenty-five awards, to support costs incurred by
 physicians trained in primary or specialty tracks who thereafter  estab-
 lish  or join practices in underserved communities, as determined by the
 commissioner.
   (ii) After distributions in accordance with subparagraph (i)  of  this
 paragraph, all remaining funds shall be awarded to physicians to support
 the  cost  of  establishing or joining practices in underserved communi-
 ties, as determined by the commissioner,  and  to  hospitals  and  other
 health  care  providers to recruit new physicians to provide services in
 underserved communities, as determined by the commissioner.
   (iii) In no case shall less than fifty percent of the funds  available
 pursuant  to  this  paragraph  be  distributed  to  general hospitals in
 accordance with subparagraphs (i) and (ii) of this paragraph.
   [(e-1)] (E) Work group. For funding available pursuant  to  paragraphs
 (C) AND (d) (e) of this subdivision:
   (i)  The  department  shall  appoint a work group from recommendations
 made by associations  representing  physicians,  general  hospitals  and
 other  health care facilities to develop a streamlined application proc-
 ess by June first, two thousand twelve.
   (ii) Subject to available funding, applications shall be accepted on a
 continuous basis. The department shall provide technical  assistance  to
 applicants  to facilitate their completion of applications. An applicant
 shall be notified in writing  by  the  department  within  ten  days  of
 receipt  of an application as to whether the application is complete and
 if the application is incomplete, what information is  outstanding.  The

 S. 7506--B                         129                        A. 9506--B
 
 department  shall act on an application within thirty days of receipt of
 a complete application.
   (f) Study on physician workforce. Five hundred ninety thousand dollars
 annually for the period January first, two thousand eight through Decem-
 ber  thirty-first,  two  thousand  ten, one hundred forty-eight thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first, two thousand eleven, five hundred sixteen thousand dollars
 each  state  fiscal year for the period April first, two thousand eleven
 through March thirty-first, two thousand fourteen, up  to  four  hundred
 eighty-seven  thousand  dollars  each  state  fiscal year for the period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen, [and] up to four hundred eighty-seven  thousand  dollars
 for  each  state  fiscal  year  for the period April first, two thousand
 seventeen through March thirty-first, two thousand  twenty,  AND  UP  TO
 FOUR  HUNDRED  EIGHTY-SEVEN  THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR
 THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH  THIRTY-FIRST,
 TWO  THOUSAND  TWENTY-THREE,  shall  be  set  aside  and reserved by the
 commissioner from the regional pools established pursuant to subdivision
 two of this section and shall be available to fund a study of  physician
 workforce needs and solutions including, but not limited to, an analysis
 of  residency  programs  and projected physician workforce and community
 needs. The commissioner shall enter into agreements  with  one  or  more
 organizations  to  conduct  such  study  based on a request for proposal
 process.
   (g) Diversity in medicine/post-baccalaureate program.  Notwithstanding
 any  inconsistent provision of section one hundred twelve or one hundred
 sixty-three of the state finance law or any other law, one million  nine
 hundred  sixty  thousand  dollars annually for the period January first,
 two thousand eight through December thirty-first, two thousand ten, four
 hundred ninety thousand dollars for the period January first, two  thou-
 sand eleven through March thirty-first, two thousand eleven, one million
 seven  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand  fourteen, up to one million six hundred five thousand dollars each
 state fiscal year for the period  April  first,  two  thousand  fourteen
 through  March  thirty-first,  two thousand seventeen, up to one million
 six hundred five thousand dollars each state fiscal year for the  period
 April  first,  two  thousand  seventeen  through March thirty-first, two
 thousand twenty, AND UP TO ONE MILLION SIX HUNDRED FIVE THOUSAND DOLLARS
 EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND  TWENTY
 THROUGH  MARCH  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-THREE, shall be set
 aside and reserved by the commissioner from the  regional  pools  estab-
 lished  pursuant  to subdivision two of this section and shall be avail-
 able for distributions to the Associated Medical Schools of New York  to
 fund its diversity program including existing and new post-baccalaureate
 programs  for  minority  and  economically  disadvantaged  students  and
 encourage participation from all medical schools in New York. The  asso-
 ciated  medical  schools of New York shall report to the commissioner on
 an annual basis regarding the use of funds for such purpose in such form
 and manner as specified by the commissioner.
   (h) In the event there are undistributed  funds  within  amounts  made
 available for distributions pursuant to this subdivision, such funds may
 be  reallocated  and  distributed  in current or subsequent distribution
 periods in a manner determined by the commissioner for any  purpose  set
 forth in this subdivision.

 S. 7506--B                         130                        A. 9506--B
 
   12. Notwithstanding any provision of law to the contrary, applications
 submitted  on or after April first, two thousand sixteen, for the physi-
 cian loan repayment program pursuant to paragraph [(d)] (C) of  subdivi-
 sion  five-a  of this section and subdivision ten of this section or the
 physician  practice  support  program pursuant to paragraph [(e)] (d) of
 subdivision five-a of this section, shall be subject  to  the  following
 changes:
   (a)  Awards  shall  be  made  from the total funding available for new
 awards under the physician loan  repayment  program  and  the  physician
 practice  support  program,  with  neither program limited to a specific
 funding amount within such total funding available;
   (b) An applicant may apply for an  award  for  either  physician  loan
 repayment or physician practice support, but not both;
   (c)  An applicant shall agree to practice for three years in an under-
 served area and each award shall provide up to  forty  thousand  dollars
 for each of the three years; and
   (d)  To the extent practicable, awards shall be timed to be of use for
 job offers made to applicants.
   § 7. Subdivision 7 of section 2807-m  of  the  public  health  law  is
 REPEALED.
   §  8.  Subparagraph (xvi) of paragraph (a) of subdivision 7 of section
 2807-s of the public health law, as amended by section 30 of part  H  of
 chapter 59 of the laws of 2011, is amended to read as follows:
   (xvi)  provided further, however, for periods prior to July first, two
 thousand nine, amounts set forth in this paragraph shall be  reduced  by
 an amount equal to the actual distribution reductions for all facilities
 pursuant  to  paragraph  (s)  of subdivision one of section twenty-eight
 hundred seven-m of this article.
   § 9. Subdivision (c) of section 92-dd of the  state  finance  law,  as
 amended  by section 75-f of part C of chapter 58 of the laws of 2008, is
 amended to read as follows:
   (c) The pool administrator shall, from appropriated funds  transferred
 to  the  pool  administrator  from  the  comptroller,  continue  to make
 payments as required pursuant to sections twenty-eight hundred  seven-k,
 twenty-eight  hundred  seven-m  (not including payments made pursuant to
 [subparagraph (ii) of paragraph (b) and] paragraphs (c), (d), [(e)], (f)
 and (g) of subdivision five-a [and subdivision seven] of  section  twen-
 ty-eight  hundred  seven-m),  and  twenty-eight  hundred  seven-w of the
 public health law, paragraph (e) of subdivision twenty-five  of  section
 twenty-eight  hundred  seven-c  of the public health law, paragraphs (b)
 and (c) of subdivision thirty of section twenty-eight hundred seven-c of
 the public health law, paragraph (b) of subdivision eighteen of  section
 twenty-eight  hundred  eight of the public health law, subdivision seven
 of section twenty-five hundred-d of the public health  law  and  section
 eighty-eight of chapter one of the laws of nineteen hundred ninety-nine.
   §  10.  Subdivision 4-c of section 2807-p of the public health law, as
 amended by section 13 of part H of chapter 57 of the laws  of  2017,  is
 amended to read as follows:
   4-c. Notwithstanding any provision of law to the contrary, the commis-
 sioner  shall  make additional payments for uncompensated care to volun-
 tary non-profit diagnostic and treatment centers that are  eligible  for
 distributions  under  subdivision  four of this section in the following
 amounts: for the period June first, two thousand  six  through  December
 thirty-first,  two  thousand  six,  in  the amount of seven million five
 hundred thousand dollars, for the period  January  first,  two  thousand
 seven  through  December thirty-first, two thousand seven, seven million

 S. 7506--B                         131                        A. 9506--B
 
 five hundred thousand dollars, for the period January first,  two  thou-
 sand  eight  through  December  thirty-first,  two thousand eight, seven
 million five hundred thousand dollars, for the period January first, two
 thousand  nine through December thirty-first, two thousand nine, fifteen
 million five hundred thousand dollars, for the period January first, two
 thousand ten through December  thirty-first,  two  thousand  ten,  seven
 million five hundred thousand dollars, for the period January first, two
 thousand eleven though December thirty-first, two thousand eleven, seven
 million five hundred thousand dollars, for the period January first, two
 thousand  twelve  through  December  thirty-first,  two thousand twelve,
 seven million five hundred thousand  dollars,  for  the  period  January
 first, two thousand thirteen through December thirty-first, two thousand
 thirteen,  seven  million  five hundred thousand dollars, for the period
 January first, two thousand fourteen through December thirty-first,  two
 thousand  fourteen, seven million five hundred thousand dollars, for the
 period January first, two  thousand  fifteen  through  December  thirty-
 first,  two  thousand  fifteen,  seven  million  five  hundred  thousand
 dollars, for the period  January  first  two  thousand  sixteen  through
 December  thirty-first, two thousand sixteen, seven million five hundred
 thousand dollars, for the period January first, two  thousand  seventeen
 through  December  thirty-first,  two  thousand seventeen, seven million
 five hundred thousand dollars, for the period January first,  two  thou-
 sand  eighteen  through  December  thirty-first,  two thousand eighteen,
 seven million five hundred thousand  dollars,  for  the  period  January
 first, two thousand nineteen through December thirty-first, two thousand
 nineteen,  seven  million  five hundred thousand dollars, FOR THE PERIOD
 JANUARY FIRST, TWO THOUSAND TWENTY THROUGH  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND  TWENTY,  SEVEN  MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE
 PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-ONE THROUGH  DECEMBER  THIRTY-
 FIRST,  TWO  THOUSAND  TWENTY-ONE,  SEVEN  MILLION FIVE HUNDRED THOUSAND
 DOLLARS, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND  TWENTY-TWO  THROUGH
 DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-TWO,  SEVEN  MILLION FIVE
 HUNDRED THOUSAND DOLLARS, and for the period January first, two thousand
 [twenty] TWENTY-THREE through March thirty-first, two thousand  [twenty]
 TWENTY-THREE, in the amount of one million six hundred thousand dollars,
 provided,  however,  that  for  periods  on and after January first, two
 thousand eight, such additional payments shall be distributed to  volun-
 tary, non-profit diagnostic and treatment centers and to public diagnos-
 tic  and  treatment centers in accordance with paragraph (g) of subdivi-
 sion  four  of  this  section.  In  the  event  that  federal  financial
 participation  is  available  for  rate  adjustments  pursuant  to  this
 section, the commissioner shall make such payments as additional adjust-
 ments to rates of payment for voluntary non-profit diagnostic and treat-
 ment centers that  are  eligible  for  distributions  under  subdivision
 four-a  of  this  section  in the following amounts: for the period June
 first, two thousand six through December thirty-first, two thousand six,
 fifteen million dollars in the aggregate, and  for  the  period  January
 first,  two  thousand  seven through June thirtieth, two thousand seven,
 seven million five  hundred  thousand  dollars  in  the  aggregate.  The
 amounts  allocated  pursuant  to this paragraph shall be aggregated with
 and distributed pursuant to  the  same  methodology  applicable  to  the
 amounts  allocated  to  such  diagnostic  and treatment centers for such
 periods pursuant to subdivision four of this section if  federal  finan-
 cial  participation  is not available, or pursuant to subdivision four-a
 of  this  section  if  federal  financial  participation  is  available.
 Notwithstanding  section  three  hundred  sixty-eight-a  of  the  social

 S. 7506--B                         132                        A. 9506--B
 
 services law, there shall be no local  share  in  a  medical  assistance
 payment adjustment under this subdivision.
   §  11.  Subparagraph (xv) of paragraph (a) of subdivision 6 of section
 2807-s of the public health law, as amended by section 3 of  part  H  of
 chapter 57 of the laws of 2017, is amended to read as follows:
   (xv) A gross annual statewide amount for the period January first, two
 thousand  fifteen  through  December thirty-first, two thousand [twenty]
 TWENTY-THREE, shall be one billion forty-five million dollars.
   § 12. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
 2807-s of the public health law, as amended by section 4 of  part  H  of
 chapter 57 of the laws of 2017, is amended to read as follows:
   (xiii)  twenty-three million eight hundred thirty-six thousand dollars
 each state fiscal year for the period April first, two  thousand  twelve
 through March thirty-first, two thousand [twenty] TWENTY-THREE;
   §  13.  Subdivision  6  of section 2807-t of the public health law, as
 amended by section 8 of part H of chapter 57 of the  laws  of  2017,  is
 amended to read as follows:
   6. Prospective adjustments. (a) The commissioner shall annually recon-
 cile  the  sum  of  the  actual payments made to the commissioner or the
 commissioner's designee for each region pursuant to section twenty-eight
 hundred seven-s of this article and pursuant to  this  section  for  the
 prior  year  with  the regional allocation of the gross annual statewide
 amount specified in subdivision  six  of  section  twenty-eight  hundred
 seven-s  of this article for such prior year. The difference between the
 actual amount raised for a region and the  regional  allocation  of  the
 specified  gross annual amount for such prior year shall be applied as a
 prospective adjustment to the regional allocation of the specified gross
 annual payment amount for such region for the year  next  following  the
 calculation  of  the  reconciliation. The authorized dollar value of the
 adjustments shall be the same as if calculated retrospectively.
   (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
 sion,  for  covered  lives  assessment rate periods on and after January
 first, two thousand fifteen through December thirty-first, two  thousand
 [twenty]  TWENTY-THREE, for amounts collected in the aggregate in excess
 of one billion forty-five million dollars on an annual  basis,  prospec-
 tive  adjustments shall be suspended if the annual reconciliation calcu-
 lation from the prior year would otherwise result in a decrease  to  the
 regional  allocation  of  the  specified gross annual payment amount for
 that region, provided, however, that such  suspension  shall  be  lifted
 upon  a  determination  by  the  commissioner,  in consultation with the
 director of the budget, that sixty-five  million  dollars  in  aggregate
 collections  on  an  annual  basis over and above one billion forty-five
 million dollars on an annual basis have been reserved and set aside  for
 deposit  in the HCRA resources fund. Any amounts collected in the aggre-
 gate at or below one billion forty-five million  dollars  on  an  annual
 basis,   shall  be  subject  to  regional  adjustments  reconciling  any
 decreases or increases to the regional  allocation  in  accordance  with
 paragraph (a) of this subdivision.
   §  14.  Section 2807-v of the public health law, as amended by section
 22 of part H of chapter 57 of the laws of 2017, is amended  to  read  as
 follows:
   § 2807-v. Tobacco  control  and  insurance  initiatives  pool distrib-
 utions.   1. Funds accumulated in  the  tobacco  control  and  insurance
 initiatives  pool or in the health care reform act (HCRA) resources fund
 established pursuant to section ninety-two-dd of the state finance  law,
 whichever  is applicable, including income from invested funds, shall be

 S. 7506--B                         133                        A. 9506--B
 
 distributed or retained by the commissioner or by the state comptroller,
 as applicable, in accordance with the following:
   (a)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medicaid  fraud  hotline  and
 medicaid  administration  account, or any successor fund or account, for
 purposes of services and expenses  related  to  the  toll-free  medicaid
 fraud hotline established pursuant to section one hundred eight of chap-
 ter  one  of  the  laws of nineteen hundred ninety-nine from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts: four hundred thousand dollars annually
 for  the  periods  January  first, two thousand through December thirty-
 first, two thousand two, up to four hundred  thousand  dollars  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three, up to four hundred thousand dollars for  the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four, up to four hundred thousand dollars for the period  Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five,  up to four hundred thousand dollars for the period January first,
 two thousand six through December thirty-first, two thousand six, up  to
 four hundred thousand dollars for the period January first, two thousand
 seven  through  December  thirty-first,  two  thousand seven, up to four
 hundred thousand dollars for the  period  January  first,  two  thousand
 eight  through  December  thirty-first,  two  thousand eight, up to four
 hundred thousand dollars for the period January first, two thousand nine
 through December thirty-first, two thousand nine,  up  to  four  hundred
 thousand  dollars for the period January first, two thousand ten through
 December thirty-first, two thousand ten,  up  to  one  hundred  thousand
 dollars  for the period January first, two thousand eleven through March
 thirty-first, two thousand eleven and within amounts appropriated on and
 after April first, two thousand eleven.
   (b) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of payment of audits or audit contracts necessary to determine payor and
 provider compliance with requirements set forth in sections twenty-eight
 hundred seven-j, twenty-eight hundred seven-s and  twenty-eight  hundred
 seven-t  of  this  article from the tobacco control and insurance initi-
 atives pool established for  the  following  periods  in  the  following
 amounts:  five  million  six  hundred  thousand dollars annually for the
 periods January first, two thousand through December  thirty-first,  two
 thousand  two,  up to five million dollars for the period January first,
 two thousand three through December thirty-first, two thousand three, up
 to five million dollars for the period January first, two thousand  four
 through  December  thirty-first,  two  thousand four, up to five million
 dollars for the period January first, two thousand five through December
 [thirty first] THIRTY-FIRST, two  thousand  five,  up  to  five  million
 dollars  for the period January first, two thousand six through December
 thirty-first, two thousand six, up to seven million eight hundred  thou-
 sand  dollars  for  the period January first, two thousand seven through
 December thirty-first, two thousand seven, and up to eight million three
 hundred twenty-five thousand dollars for the period January  first,  two
 thousand  eight through December thirty-first, two thousand eight, up to
 eight million five hundred  thousand  dollars  for  the  period  January
 first,  two  thousand  nine  through December thirty-first, two thousand
 nine, up to eight million five hundred thousand dollars for  the  period

 S. 7506--B                         134                        A. 9506--B
 
 January first, two thousand ten through December thirty-first, two thou-
 sand ten, up to two million one hundred twenty-five thousand dollars for
 the  period  January  first,  two  thousand eleven through March thirty-
 first,  two  thousand eleven, up to fourteen million seven hundred thou-
 sand dollars each state fiscal year for  the  period  April  first,  two
 thousand eleven through March thirty-first, two thousand fourteen, up to
 eleven  million  one hundred thousand dollars each state fiscal year for
 the period April first, two  thousand  fourteen  through  March  thirty-
 first,  two  thousand  seventeen, [and] up to eleven million one hundred
 thousand dollars each state fiscal year for the period April first,  two
 thousand  seventeen through March thirty-first, two thousand twenty, AND
 UP TO ELEVEN MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR
 FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY  THROUGH  MARCH  THIRTY-
 FIRST, TWO THOUSAND TWENTY-THREE.
   (c)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, enhanced  community  services
 account,  or  any  successor fund or account, for mental health services
 programs for case management services for adults and children; supported
 housing; home and community based waiver services; family  based  treat-
 ment;  family support services; mobile mental health teams; transitional
 housing; and community oversight, established pursuant to articles seven
 and forty-one of the mental hygiene law and subdivision nine of  section
 three  hundred  sixty-six of the social services law; and for comprehen-
 sive care centers for eating disorders pursuant to  the  former  section
 twenty-seven  hundred  ninety-nine-l  of  this chapter, provided however
 that, for such centers, funds in the amount  of  five  hundred  thousand
 dollars  on  an  annualized basis shall be transferred from the enhanced
 community services account, or any successor fund or account, and depos-
 ited into the fund established by section  ninety-five-e  of  the  state
 finance  law;  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) forty-eight million dollars to be reserved, to be retained or  for
 distribution  pursuant to a chapter of the laws of two thousand, for the
 period January first, two thousand through  December  thirty-first,  two
 thousand;
   (ii)  eighty-seven  million  dollars to be reserved, to be retained or
 for distribution pursuant to a chapter of the laws of two thousand  one,
 for  the period January first, two thousand one through December thirty-
 first, two thousand one;
   (iii) eighty-seven million dollars to be reserved, to be  retained  or
 for  distribution pursuant to a chapter of the laws of two thousand two,
 for the period January first, two thousand two through December  thirty-
 first, two thousand two;
   (iv)  eighty-eight  million  dollars to be reserved, to be retained or
 for distribution pursuant to a chapter  of  the  laws  of  two  thousand
 three, for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (v)  eighty-eight million dollars, plus five hundred thousand dollars,
 to be reserved, to be retained or for distribution pursuant to a chapter
 of the laws of two thousand four, and pursuant  to  the  former  section
 twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
 ary first, two thousand four through December thirty-first, two thousand
 four;

 S. 7506--B                         135                        A. 9506--B
 
   (vi) eighty-eight million dollars, plus five hundred thousand dollars,
 to be reserved, to be retained or for distribution pursuant to a chapter
 of  the  laws  of  two thousand five, and pursuant to the former section
 twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (vii)   eighty-eight  million  dollars,  plus  five  hundred  thousand
 dollars, to be reserved, to be retained or for distribution pursuant  to
 a  chapter  of  the  laws  of  two  thousand six, and pursuant to former
 section twenty-seven hundred ninety-nine-l  of  this  chapter,  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;
   (viii) eighty-six million four hundred  thousand  dollars,  plus  five
 hundred thousand dollars, to be reserved, to be retained or for distrib-
 ution pursuant to a chapter of the laws of two thousand seven and pursu-
 ant  to  the  former  section twenty-seven hundred ninety-nine-l of this
 chapter, for the period January first, two thousand seven through Decem-
 ber thirty-first, two thousand seven; and
   (ix) twenty-two million nine hundred thirteen thousand  dollars,  plus
 one hundred twenty-five thousand dollars, to be reserved, to be retained
 or  for  distribution  pursuant to a chapter of the laws of two thousand
 eight and pursuant to the former section  twenty-seven  hundred  ninety-
 nine-l of this chapter, for the period January first, two thousand eight
 through March thirty-first, two thousand eight.
   (d)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of services and expenses related to the family health plus program
 including up to two and one-half million dollars annually for the period
 January first, two thousand through December thirty-first, two  thousand
 two, for administration and marketing costs associated with such program
 established  pursuant to clause (A) of subparagraph (v) of paragraph (a)
 of subdivision two of section three hundred sixty-nine-ee of the  social
 services  law  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) three million five hundred thousand dollars for the period January
 first, two thousand through December thirty-first, two thousand;
   (ii) twenty-seven million dollars for the period  January  first,  two
 thousand one through December thirty-first, two thousand one; and
   (iii)  fifty-seven  million  dollars for the period January first, two
 thousand two through December thirty-first, two thousand two.
   (e) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share of services and expenses related to the family health plus program
 including up to two and one-half million dollars annually for the period
 January  first, two thousand through December thirty-first, two thousand
 two for administration and marketing costs associated with such  program
 established  pursuant to clause (B) of subparagraph (v) of paragraph (a)
 of subdivision two of section three hundred sixty-nine-ee of the  social
 services  law  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:

 S. 7506--B                         136                        A. 9506--B
 
   (i) two million five hundred thousand dollars for the  period  January
 first, two thousand through December thirty-first, two thousand;
   (ii) thirty million five hundred thousand dollars for the period Janu-
 ary  first, two thousand one through December thirty-first, two thousand
 one; and
   (iii) sixty-six million dollars for  the  period  January  first,  two
 thousand two through December thirty-first, two thousand two.
   (f)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medicaid  fraud  hotline  and
 medicaid  administration  account, or any successor fund or account, for
 purposes of payment of administrative expenses of the department related
 to the family health plus program established pursuant to section  three
 hundred  sixty-nine-ee  of  the  social  services  law  from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods  in  the  following amounts: five hundred thousand dollars on an
 annual basis for the periods January first, two thousand through  Decem-
 ber  thirty-first,  two  thousand six, five hundred thousand dollars for
 the period January first, two thousand seven  through  December  thirty-
 first,  two  thousand  seven,  and five hundred thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight, five hundred thousand dollars for the period January
 first,  two  thousand  nine  through December thirty-first, two thousand
 nine, five hundred thousand dollars for the period  January  first,  two
 thousand  ten  through  December  thirty-first,  two  thousand  ten, one
 hundred twenty-five thousand dollars for the period January  first,  two
 thousand  eleven  through  March  thirty-first,  two thousand eleven and
 within amounts appropriated on and after April first, two thousand elev-
 en.
   (g) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of services and expenses related to the health maintenance  organization
 direct  pay  market program established pursuant to sections forty-three
 hundred twenty-one-a and forty-three hundred twenty-two-a of the  insur-
 ance  law from the tobacco control and insurance initiatives pool estab-
 lished for the following periods in the following amounts:
   (i) up to thirty-five million dollars for the  period  January  first,
 two  thousand through December thirty-first, two thousand of which fifty
 percentum shall be allocated to the program  pursuant  to  section  four
 thousand  three  hundred  twenty-one-a  of  the  insurance law and fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (ii) up to thirty-six million dollars for the  period  January  first,
 two  thousand  one  through  December  thirty-first, two thousand one of
 which fifty percentum shall be allocated  to  the  program  pursuant  to
 section  four  thousand  three hundred twenty-one-a of the insurance law
 and fifty percentum to the program pursuant  to  section  four  thousand
 three hundred twenty-two-a of the insurance law;
   (iii)  up to thirty-nine million dollars for the period January first,
 two thousand two through December  thirty-first,  two  thousand  two  of
 which  fifty  percentum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  percentum  to  the program pursuant to section four thousand
 three hundred twenty-two-a of the insurance law;

 S. 7506--B                         137                        A. 9506--B
 
   (iv) up to forty million dollars for the  period  January  first,  two
 thousand  three  through  December  thirty-first,  two thousand three of
 which fifty percentum shall be allocated  to  the  program  pursuant  to
 section  four  thousand  three hundred twenty-one-a of the insurance law
 and  fifty  percentum  to  the program pursuant to section four thousand
 three hundred twenty-two-a of the insurance law;
   (v) up to forty million dollars for  the  period  January  first,  two
 thousand  four through December thirty-first, two thousand four of which
 fifty percentum shall be allocated to the program  pursuant  to  section
 four  thousand three hundred twenty-one-a of the insurance law and fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (vi) up to forty million dollars for the  period  January  first,  two
 thousand  five through December thirty-first, two thousand five of which
 fifty percentum shall be allocated to the program  pursuant  to  section
 four  thousand three hundred twenty-one-a of the insurance law and fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (vii) up to forty million dollars for the period  January  first,  two
 thousand  six  through  December thirty-first, two thousand six of which
 fifty percentum shall be allocated to the program  pursuant  to  section
 four  thousand three hundred twenty-one-a of the insurance law and fifty
 percentum shall be allocated to the program  pursuant  to  section  four
 thousand three hundred twenty-two-a of the insurance law;
   (viii)  up  to forty million dollars for the period January first, two
 thousand seven through December  thirty-first,  two  thousand  seven  of
 which  fifty  percentum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  percentum  shall  be  allocated  to  the program pursuant to
 section four thousand three hundred twenty-two-a of the  insurance  law;
 and
   (ix)  up  to  forty  million dollars for the period January first, two
 thousand eight through December  thirty-first,  two  thousand  eight  of
 which  fifty  per  centum  shall be allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  per  centum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-two-a of the insurance law.
   (h) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of services and expenses related to  the  healthy  New  York  individual
 program  established  pursuant  to  sections four thousand three hundred
 twenty-six and four thousand three hundred twenty-seven of the insurance
 law from the tobacco control and insurance initiatives pool  established
 for the following periods in the following amounts:
   (i)  up to six million dollars for the period January first, two thou-
 sand one through December thirty-first, two thousand one;
   (ii) up to twenty-nine million dollars for the period  January  first,
 two thousand two through December thirty-first, two thousand two;
   (iii)  up  to five million one hundred thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (iv)  up  to  twenty-four million six hundred thousand dollars for the
 period January first, two thousand four through  December  thirty-first,
 two thousand four;

 S. 7506--B                         138                        A. 9506--B
 
   (v)  up  to  thirty-four  million six hundred thousand dollars for the
 period January first, two thousand five through  December  thirty-first,
 two thousand five;
   (vi)  up  to fifty-four million eight hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six;
   (vii)  up  to sixty-one million seven hundred thousand dollars for the
 period January first, two thousand seven through December  thirty-first,
 two thousand seven; and
   (viii)  up  to  one hundred three million seven hundred fifty thousand
 dollars for the period January first, two thousand eight through  Decem-
 ber thirty-first, two thousand eight.
   (i)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  services  and expenses related to the healthy New York group program
 established pursuant to sections four thousand three hundred  twenty-six
 and  four  thousand three hundred twenty-seven of the insurance law from
 the tobacco control and insurance initiatives pool established  for  the
 following periods in the following amounts:
   (i)  up  to  thirty-four million dollars for the period January first,
 two thousand one through December thirty-first, two thousand one;
   (ii) up to seventy-seven million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two;
   (iii) up to ten million five hundred thousand dollars for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iv) up to twenty-four million six hundred thousand  dollars  for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (v) up to thirty-four million six hundred  thousand  dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand five;
   (vi) up to fifty-four million eight hundred thousand dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;
   (vii) up to sixty-one million seven hundred thousand dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven; and
   (viii) up to one hundred three million seven  hundred  fifty  thousand
 dollars  for the period January first, two thousand eight through Decem-
 ber thirty-first, two thousand eight.
   (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
 subdivision, the commissioner shall reserve and  accumulate  up  to  two
 million  five  hundred thousand dollars annually for the periods January
 first, two thousand four through  December  thirty-first,  two  thousand
 six,  one  million  four hundred thousand dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven,  two  million  dollars for the period January first, two thousand
 eight through December thirty-first,  two  thousand  eight,  from  funds
 otherwise  available  for  distribution  under  such  paragraphs for the
 services and expenses related to the  pilot  program  for  entertainment
 industry  employees  included  in subsection (b) of section one thousand
 one hundred twenty-two of the insurance law,  and  an  additional  seven
 hundred  thousand  dollars  annually  for the periods January first, two
 thousand four through December thirty-first, two thousand six, an  addi-
 tional  three hundred thousand dollars for the period January first, two

 S. 7506--B                         139                        A. 9506--B
 
 thousand seven through June thirtieth, two thousand seven  for  services
 and expenses related to the pilot program for displaced workers included
 in  subsection (c) of section one thousand one hundred twenty-two of the
 insurance law.
   (j)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  services  and  expenses  related  to  the tobacco use prevention and
 control program established pursuant to sections thirteen hundred  nine-
 ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (i) up to thirty million dollars for the  period  January  first,  two
 thousand through December thirty-first, two thousand;
   (ii)  up  to  forty  million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
   (iii) up to forty million dollars for the period  January  first,  two
 thousand two through December thirty-first, two thousand two;
   (iv)  up to thirty-six million nine hundred fifty thousand dollars for
 the period January first, two thousand three  through  December  thirty-
 first, two thousand three;
   (v)  up  to thirty-six million nine hundred fifty thousand dollars for
 the period January first, two thousand  four  through  December  thirty-
 first, two thousand four;
   (vi)  up  to forty million six hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (vii)  up  to eighty-one million nine hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six, provided, however, that within amounts appropriated, a
 portion  of  such  funds  may  be transferred to the Roswell Park Cancer
 Institute Corporation to support costs associated with cancer research;
   (viii) up to ninety-four million one hundred  fifty  thousand  dollars
 for  the period January first, two thousand seven through December thir-
 ty-first, two thousand seven, provided,  however,  that  within  amounts
 appropriated,  a portion of such funds may be transferred to the Roswell
 Park Cancer Institute  Corporation  to  support  costs  associated  with
 cancer research;
   (ix)  up to ninety-four million one hundred fifty thousand dollars for
 the period January first, two thousand eight  through  December  thirty-
 first, two thousand eight;
   (x)  up  to ninety-four million one hundred fifty thousand dollars for
 the period January first, two thousand  nine  through  December  thirty-
 first, two thousand nine;
   (xi)  up  to  eighty-seven million seven hundred seventy-five thousand
 dollars for the period January first, two thousand ten through  December
 thirty-first, two thousand ten;
   (xii)  up  to  twenty-one million four hundred twelve thousand dollars
 for the period January first, two thousand eleven through March  thirty-
 first, two thousand eleven;
   (xiii) up to fifty-two million one hundred thousand dollars each state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen;
   (xiv) up to six million dollars each state fiscal year for the  period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen; [and]

 S. 7506--B                         140                        A. 9506--B
 
   (xv)  up  to six million dollars each state fiscal year for the period
 April first, two thousand  seventeen  through  March  thirty-first,  two
 thousand twenty; AND
   (XVI)  UP TO SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST,  TWO  THOU-
 SAND TWENTY-THREE.
   (k)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, health care services  account,
 or  any successor fund or account, for purposes of services and expenses
 related to public health programs, including comprehensive care  centers
 for eating disorders pursuant to the former section twenty-seven hundred
 ninety-nine-l  of this chapter, provided however that, for such centers,
 funds in the amount of five hundred thousand dollars  on  an  annualized
 basis shall be transferred from the health care services account, or any
 successor  fund  or  account, and deposited into the fund established by
 section ninety-five-e of the state finance  law  for  periods  prior  to
 March  thirty-first,  two  thousand eleven, from the tobacco control and
 insurance initiatives pool established for the following periods in  the
 following amounts:
   (i) up to thirty-one million dollars for the period January first, two
 thousand through December thirty-first, two thousand;
   (ii) up to forty-one million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
   (iii)  up  to eighty-one million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two;
   (iv) one hundred twenty-two million five hundred thousand dollars  for
 the  period  January  first, two thousand three through December thirty-
 first, two thousand three;
   (v) one hundred  eight  million  five  hundred  seventy-five  thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od  January  first, two thousand four through December thirty-first, two
 thousand four;
   (vi) ninety-one million eight hundred thousand dollars, plus an  addi-
 tional  five hundred thousand dollars, for the period January first, two
 thousand five through December thirty-first, two thousand five;
   (vii) one hundred fifty-six million six hundred thousand dollars, plus
 an additional five hundred thousand  dollars,  for  the  period  January
 first, two thousand six through December thirty-first, two thousand six;
   (viii)  one  hundred  fifty-one million four hundred thousand dollars,
 plus an additional five hundred thousand dollars, for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (ix)  one  hundred  sixteen  million  nine hundred forty-nine thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand eight through December thirty-first,  two
 thousand eight;
   (x)  one  hundred  sixteen  million  nine  hundred forty-nine thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand nine through December  thirty-first,  two
 thousand nine;
   (xi)  one  hundred  sixteen  million  nine hundred forty-nine thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand ten through  December  thirty-first,  two
 thousand ten;

 S. 7506--B                         141                        A. 9506--B
 
   (xii)  twenty-nine  million  two  hundred  thirty-seven  thousand  two
 hundred fifty dollars, plus an additional one hundred twenty-five  thou-
 sand  dollars, for the period January first, two thousand eleven through
 March thirty-first, two thousand eleven;
   (xiii)  one  hundred  twenty million thirty-eight thousand dollars for
 the period April first, two thousand eleven through March  thirty-first,
 two thousand twelve; and
   (xiv) one hundred nineteen million four hundred seven thousand dollars
 each  state  fiscal year for the period April first, two thousand twelve
 through March thirty-first, two thousand fourteen.
   (l) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of the personal care and certified home health agency rate or fee
 increases established pursuant to subdivision  three  of  section  three
 hundred  sixty-seven-o  of  the  social  services  law  from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i)  twenty-three  million two hundred thousand dollars for the period
 January first, two thousand through December thirty-first, two thousand;
   (ii) twenty-three million two hundred thousand dollars for the  period
 January first, two thousand one through December thirty-first, two thou-
 sand one;
   (iii) twenty-three million two hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (iv)  up  to  sixty-five  million two hundred thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two thousand three;
   (v)  up  to  sixty-five  million  two hundred thousand dollars for the
 period January first, two thousand four through  December  thirty-first,
 two thousand four;
   (vi)  up  to  sixty-five  million two hundred thousand dollars for the
 period January first, two thousand five through  December  thirty-first,
 two thousand five;
   (vii)  up  to  sixty-five million two hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six;
   (viii)  up  to sixty-five million two hundred thousand dollars for the
 period January first, two thousand seven through December  thirty-first,
 two thousand seven; and
   (ix)  up  to  sixteen  million  three hundred thousand dollars for the
 period January first, two thousand eight through March thirty-first, two
 thousand eight.
   (m) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of  services  and expenses related to home care workers insurance
 pilot demonstration programs established pursuant to subdivision two  of
 section  three hundred sixty-seven-o of the social services law from the
 tobacco control and  insurance  initiatives  pool  established  for  the
 following periods in the following amounts:

 S. 7506--B                         142                        A. 9506--B
 
   (i)  three million eight hundred thousand dollars for the period Janu-
 ary first, two thousand through December thirty-first, two thousand;
   (ii) three million eight hundred thousand dollars for the period Janu-
 ary  first, two thousand one through December thirty-first, two thousand
 one;
   (iii) three million eight hundred  thousand  dollars  for  the  period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (iv) up to three million eight hundred thousand dollars for the period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (v) up to three million eight hundred thousand dollars for the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
   (vi) up to three million eight hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (vii) up to three million eight hundred thousand dollars for the peri-
 od  January  first,  two thousand six through December thirty-first, two
 thousand six;
   (viii) up to three million eight  hundred  thousand  dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven; and
   (ix) up to nine hundred fifty thousand dollars for the period  January
 first,  two  thousand  eight  through  March  thirty-first, two thousand
 eight.
   (n) Funds shall be transferred by the commissioner and shall be depos-
 ited to the credit of the special revenue funds -  other,  miscellaneous
 special  revenue  fund  - 339, elderly pharmaceutical insurance coverage
 program premium account authorized pursuant to the provisions  of  title
 three of article two of the elder law, or any successor fund or account,
 for  funding  state  expenses  relating  to the program from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i)  one  hundred  seven million dollars for the period January first,
 two thousand through December thirty-first, two thousand;
   (ii) one hundred sixty-four million dollars  for  the  period  January
 first, two thousand one through December thirty-first, two thousand one;
   (iii)  three hundred twenty-two million seven hundred thousand dollars
 for the period January first, two thousand two through December  thirty-
 first, two thousand two;
   (iv)  four hundred thirty-three million three hundred thousand dollars
 for the period January first, two thousand three through December  thir-
 ty-first, two thousand three;
   (v)  five  hundred four million one hundred fifty thousand dollars for
 the period January first, two thousand  four  through  December  thirty-
 first, two thousand four;
   (vi) five hundred sixty-six million eight hundred thousand dollars for
 the  period  January  first,  two thousand five through December thirty-
 first, two thousand five;
   (vii) six hundred three million one hundred fifty thousand dollars for
 the period January first, two  thousand  six  through  December  thirty-
 first, two thousand six;
   (viii)  six  hundred  sixty million eight hundred thousand dollars for
 the period January first, two thousand seven  through  December  thirty-
 first, two thousand seven;

 S. 7506--B                         143                        A. 9506--B
 
   (ix)  three hundred sixty-seven million four hundred sixty-three thou-
 sand dollars for the period January first, two  thousand  eight  through
 December thirty-first, two thousand eight;
   (x)  three hundred thirty-four million eight hundred twenty-five thou-
 sand dollars for the period January first,  two  thousand  nine  through
 December thirty-first, two thousand nine;
   (xi)  three  hundred  forty-four million nine hundred thousand dollars
 for the period January first, two thousand ten through December  thirty-
 first, two thousand ten;
   (xii) eighty-seven million seven hundred eighty-eight thousand dollars
 for  the period January first, two thousand eleven through March thirty-
 first, two thousand eleven;
   (xiii) one hundred forty-three  million  one  hundred  fifty  thousand
 dollars  for  the  period April first, two thousand eleven through March
 thirty-first, two thousand twelve;
   (xiv) one hundred twenty million nine hundred fifty  thousand  dollars
 for  the  period  April first, two thousand twelve through March thirty-
 first, two thousand thirteen;
   (xv) one hundred twenty-eight million  eight  hundred  fifty  thousand
 dollars  for the period April first, two thousand thirteen through March
 thirty-first, two thousand fourteen;
   (xvi) one hundred twenty-seven million four hundred  sixteen  thousand
 dollars  each state fiscal year for the period April first, two thousand
 fourteen through March thirty-first, two thousand seventeen; [and]
   (xvii) one hundred twenty-seven million four hundred sixteen  thousand
 dollars  each state fiscal year for the period April first, two thousand
 seventeen through March thirty-first, two thousand twenty; AND
   (XVIII) ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED SIXTEEN THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
   (o)  Funds  shall be reserved and accumulated and shall be transferred
 to the Roswell Park  Cancer  Institute  Corporation,  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) up to ninety million dollars for the  period  January  first,  two
 thousand through December thirty-first, two thousand;
   (ii)  up  to  sixty  million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
   (iii) up to eighty-five million dollars for the period January  first,
 two thousand two through December thirty-first, two thousand two;
   (iv)  eighty-five  million  two hundred fifty thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two thousand three;
   (v)  seventy-eight  million  dollars for the period January first, two
 thousand four through December thirty-first, two thousand four;
   (vi) seventy-eight million dollars for the period January  first,  two
 thousand five through December thirty-first, two thousand five;
   (vii)  ninety-one  million  dollars  for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (viii) seventy-eight million dollars for the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (ix) seventy-eight million dollars for the period January  first,  two
 thousand eight through December thirty-first, two thousand eight;
   (x)  seventy-eight  million  dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine;

 S. 7506--B                         144                        A. 9506--B
 
   (xi) seventy-eight million dollars for the period January  first,  two
 thousand ten through December thirty-first, two thousand ten;
   (xii)  nineteen  million  five hundred thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xiii) sixty-nine million eight hundred forty  thousand  dollars  each
 state  fiscal  year  for  the  period  April  first, two thousand eleven
 through March thirty-first, two thousand fourteen;
   (xiv) up to ninety-six million six hundred thousand dollars each state
 fiscal year for the period April first, two  thousand  fourteen  through
 March thirty-first, two thousand seventeen; [and]
   (xv)  up to ninety-six million six hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March thirty-first, two thousand twenty; AND
   (XVI) UP TO NINETY-SIX MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE
 FISCAL  YEAR  FOR  THE  PERIOD  APRIL FIRST, TWO THOUSAND TWENTY THROUGH
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
   (p) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds - other, indigent care fund - 068, indigent care account,
 or any successor fund or account, for purposes of providing  a  medicaid
 disproportionate  share payment from the high need indigent care adjust-
 ment pool established pursuant to section twenty-eight  hundred  seven-w
 of this article, from the tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) eighty-two million dollars annually for the periods January first,
 two thousand through December thirty-first, two thousand two;
   (ii)  up  to  eighty-two million dollars for the period January first,
 two thousand three through December thirty-first, two thousand three;
   (iii) up to eighty-two million dollars for the period  January  first,
 two thousand four through December thirty-first, two thousand four;
   (iv)  up  to  eighty-two million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (v) up to eighty-two million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (vi) up to eighty-two million dollars for the  period  January  first,
 two thousand seven through December thirty-first, two thousand seven;
   (vii)  up  to eighty-two million dollars for the period January first,
 two thousand eight through December thirty-first, two thousand eight;
   (viii) up to eighty-two million dollars for the period January  first,
 two thousand nine through December thirty-first, two thousand nine;
   (ix)  up  to  eighty-two million dollars for the period January first,
 two thousand ten through December thirty-first, two thousand ten;
   (x) up to twenty million five hundred thousand dollars for the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven; and
   (xi)  up  to eighty-two million dollars each state fiscal year for the
 period April first, two thousand eleven through March thirty-first,  two
 thousand fourteen.
   (q)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  providing  distributions  to  eligible  school  based health centers
 established pursuant to section eighty-eight of chapter one of the  laws
 of  nineteen hundred ninety-nine, from the tobacco control and insurance

 S. 7506--B                         145                        A. 9506--B
 
 initiatives pool established for the following periods in the  following
 amounts:
   (i)  seven  million dollars annually for the period January first, two
 thousand through December thirty-first, two thousand two;
   (ii) up to seven million dollars for the  period  January  first,  two
 thousand three through December thirty-first, two thousand three;
   (iii)  up  to  seven million dollars for the period January first, two
 thousand four through December thirty-first, two thousand four;
   (iv) up to seven million dollars for the  period  January  first,  two
 thousand five through December thirty-first, two thousand five;
   (v)  up  to  seven  million  dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (vi) up to seven million dollars for the  period  January  first,  two
 thousand seven through December thirty-first, two thousand seven;
   (vii)  up  to  seven million dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (viii) up to seven million dollars for the period January  first,  two
 thousand nine through December thirty-first, two thousand nine;
   (ix)  up  to  seven  million dollars for the period January first, two
 thousand ten through December thirty-first, two thousand ten;
   (x) up to one million seven hundred fifty  thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven;
   (xi) up to five million six hundred thousand dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (xii) up to five  million  two  hundred  [eighty-eighty]  EIGHTY-EIGHT
 thousand  dollars each state fiscal year for the period April first, two
 thousand fourteen through March thirty-first,  two  thousand  seventeen;
 [and]
   (xiii)  up  to  five million two hundred eighty-eight thousand dollars
 each state fiscal year for the period April first, two  thousand  seven-
 teen through March thirty-first, two thousand twenty; AND
   (XIV)  UP  TO  FIVE  MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS
 EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND  TWENTY
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
   (r) Funds shall be deposited by the commissioner within amounts appro-
 priated,  and the state comptroller is hereby authorized and directed to
 receive for deposit to the credit of the state special revenue  funds  -
 other,  HCRA transfer fund, medical assistance account, or any successor
 fund or account, for purposes of providing distributions for  supplemen-
 tary   medical  insurance  for  Medicare  part  B  premiums,  physicians
 services, outpatient services, medical  equipment,  supplies  and  other
 health services, from the tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i)  forty-three  million  dollars  for  the period January first, two
 thousand through December thirty-first, two thousand;
   (ii) sixty-one million dollars for the period January first, two thou-
 sand one through December thirty-first, two thousand one;
   (iii) sixty-five million dollars for the  period  January  first,  two
 thousand two through December thirty-first, two thousand two;
   (iv)  sixty-seven million five hundred thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (v)  sixty-eight  million  dollars  for  the period January first, two
 thousand four through December thirty-first, two thousand four;

 S. 7506--B                         146                        A. 9506--B
 
   (vi) sixty-eight million dollars for the  period  January  first,  two
 thousand five through December thirty-first, two thousand five;
   (vii)  sixty-eight  million  dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (viii) seventeen million five hundred thousand dollars for the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (ix) sixty-eight million dollars for the  period  January  first,  two
 thousand eight through December thirty-first, two thousand eight;
   (x)  sixty-eight  million  dollars  for  the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (xi) sixty-eight million dollars for the  period  January  first,  two
 thousand ten through December thirty-first, two thousand ten;
   (xii)  seventeen  million  dollars  for  the period January first, two
 thousand eleven through March thirty-first, two thousand eleven; and
   (xiii) sixty-eight million dollars each  state  fiscal  year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen.
   (s) Funds shall be deposited by the commissioner within amounts appro-
 priated, and the state comptroller is hereby authorized and directed  to
 receive  for  deposit to the credit of the state special revenue funds -
 other, HCRA transfer fund, medical assistance account, or any  successor
 fund  or  account,  for  purposes of providing distributions pursuant to
 paragraphs (s-5), (s-6),  (s-7)  and  (s-8)  of  subdivision  eleven  of
 section  twenty-eight  hundred  seven-c of this article from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i)  eighteen  million dollars for the period January first, two thou-
 sand through December thirty-first, two thousand;
   (ii) twenty-four million dollars  annually  for  the  periods  January
 first, two thousand one through December thirty-first, two thousand two;
   (iii)  up to twenty-four million dollars for the period January first,
 two thousand three through December thirty-first, two thousand three;
   (iv) up to twenty-four million dollars for the period  January  first,
 two thousand four through December thirty-first, two thousand four;
   (v)  up  to  twenty-four million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (vi) up to twenty-four million dollars for the period  January  first,
 two thousand six through December thirty-first, two thousand six;
   (vii)  up to twenty-four million dollars for the period January first,
 two thousand seven through December thirty-first, two thousand seven;
   (viii) up to twenty-four million dollars for the period January first,
 two thousand eight through December thirty-first,  two  thousand  eight;
 and
   (ix)  up  to  twenty-two million dollars for the period January first,
 two thousand nine through November thirtieth, two thousand nine.
   (t) Funds shall be reserved and accumulated from year to year  by  the
 commissioner and shall be made available, including income from invested
 funds:
   (i)  For  the  purpose  of making grants to a state owned and operated
 medical school which does not have a state owned and  operated  hospital
 on  site  and  available for teaching purposes. Notwithstanding sections
 one hundred twelve and one hundred sixty-three of the state finance law,
 such grants shall be made in the amount of up to five  hundred  thousand
 dollars  for  the  period  January  first, two thousand through December
 thirty-first, two thousand;

 S. 7506--B                         147                        A. 9506--B
 
   (ii) For the purpose of making grants to medical schools  pursuant  to
 section  eighty-six-a  of  chapter  one  of the laws of nineteen hundred
 ninety-nine in the sum of up to four  million  dollars  for  the  period
 January first, two thousand through December thirty-first, two thousand;
 and
   (iii)  The  funds  disbursed pursuant to subparagraphs (i) and (ii) of
 this paragraph from the tobacco control and insurance  initiatives  pool
 are  contingent upon meeting all funding amounts established pursuant to
 paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n),  (p),  (q),  (r)
 and  (s)  of  this  subdivision,  paragraph  (a)  of subdivision nine of
 section twenty-eight hundred seven-j of  this  article,  and  paragraphs
 (a),  (i)  and  (k)  of  subdivision one of section twenty-eight hundred
 seven-l of this article.
   (u) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of  services  and  expenses  related  to the nursing home quality
 improvement demonstration program established pursuant to section  twen-
 ty-eight  hundred  eight-d  of this article from the tobacco control and
 insurance initiatives pool established for the following periods in  the
 following amounts:
   (i)  up  to twenty-five million dollars for the period beginning April
 first, two thousand two and ending December thirty-first,  two  thousand
 two,  and  on  an  annualized  basis,  for each annual period thereafter
 beginning January first, two thousand three and ending December  thirty-
 first, two thousand four;
   (ii)  up  to eighteen million seven hundred fifty thousand dollars for
 the period January first, two thousand  five  through  December  thirty-
 first, two thousand five; and
   (iii)  up  to  fifty-six million five hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six.
   (v) Funds shall be transferred by the commissioner and shall be depos-
 ited  to the credit of the hospital excess liability pool created pursu-
 ant to section eighteen of chapter two hundred sixty-six of the laws  of
 nineteen  hundred  eighty-six,  or  any  successor  fund or account, for
 purposes of expenses related to the purchase of excess medical  malprac-
 tice  insurance and the cost of administrating the pool, including costs
 associated with the risk  management  program  established  pursuant  to
 section  forty-two  of part A of chapter one of the laws of two thousand
 two required by paragraph (a) of subdivision one of section eighteen  of
 chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
 as may be amended from time to time, from the tobacco control and insur-
 ance  initiatives  pool  established  for  the  following periods in the
 following amounts:
   (i) up to fifty million dollars or so much as is needed for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii) up to seventy-six million seven hundred thousand dollars for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
   (iii) up to sixty-five million dollars for the period  January  first,
 two thousand four through December thirty-first, two thousand four;

 S. 7506--B                         148                        A. 9506--B
 
   (iv)  up  to  sixty-five million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (v)  up to one hundred thirteen million eight hundred thousand dollars
 for the period January first, two thousand six through December  thirty-
 first, two thousand six;
   (vi)  up  to one hundred thirty million dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (vii)  up to one hundred thirty million dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight;
   (viii) up to one hundred thirty million dollars for the period January
 first,  two  thousand  nine  through December thirty-first, two thousand
 nine;
   (ix) up to one hundred thirty million dollars for the  period  January
 first, two thousand ten through December thirty-first, two thousand ten;
   (x)  up  to  thirty-two  million five hundred thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven;
   (xi)  up  to  one  hundred  twenty-seven million four hundred thousand
 dollars each state fiscal year for the period April first, two  thousand
 eleven through March thirty-first, two thousand fourteen;
   (xii)  up  to  one  hundred twenty-seven million four hundred thousand
 dollars each state fiscal year for the period April first, two  thousand
 fourteen through March thirty-first, two thousand seventeen; [and]
   (xiii)  up  to  one hundred twenty-seven million four hundred thousand
 dollars each state fiscal year for the period April first, two  thousand
 seventeen through March thirty-first, two thousand twenty; AND
   (XIV)  UP  TO  ONE  HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
   (w)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the treatment of breast and cervical cancer pursuant  to  para-
 graph  [(v)]  (D) of subdivision four of section three hundred sixty-six
 of the social services law,  from  the  tobacco  control  and  insurance
 initiatives  pool established for the following periods in the following
 amounts:
   (i) up to four hundred fifty thousand dollars for the  period  January
 first, two thousand two through December thirty-first, two thousand two;
   (ii)  up  to  two  million one hundred thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (iii)  up  to  two million one hundred thousand dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (iv)  up  to  two  million one hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  up  to  two  million  one hundred thousand dollars for the period
 January first, two thousand six through December thirty-first, two thou-
 sand six;

 S. 7506--B                         149                        A. 9506--B
 
   (vi) up to two million one hundred thousand  dollars  for  the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (vii)  up  to  two million one hundred thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight;
   (viii)  up  to two million one hundred thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  up  to  two  million one hundred thousand dollars for the period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten;
   (x) up to five hundred twenty-five thousand  dollars  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xi)  up to two million one hundred thousand dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (xii) up to two million one hundred thousand dollars each state fiscal
 year for the period April first, two  thousand  fourteen  through  March
 thirty-first, two thousand seventeen; [and]
   (xiii)  up  to  two  million  one  hundred thousand dollars each state
 fiscal year for the period April first, two thousand  seventeen  through
 March thirty-first, two thousand twenty; AND
   (XIV) UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
 TY-FIRST, TWO THOUSAND TWENTY-THREE.
   (x)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the non-public general hospital rates increases for recruitment
 and retention of health care workers from the tobacco control and insur-
 ance initiatives pool established  for  the  following  periods  in  the
 following amounts:
   (i) twenty-seven million one hundred thousand dollars on an annualized
 basis  for  the  period January first, two thousand two through December
 thirty-first, two thousand two;
   (ii) fifty million eight hundred thousand  dollars  on  an  annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) sixty-nine million three hundred thousand dollars on an  annual-
 ized  basis  for  the  period  January  first, two thousand four through
 December thirty-first, two thousand four;
   (iv) sixty-nine million three hundred thousand dollars for the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) sixty-nine million three hundred thousand dollars for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  sixty-five million three hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;

 S. 7506--B                         150                        A. 9506--B
 
   (vii)  sixty-one  million  one  hundred fifty thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight; and
   (viii)  forty-eight  million seven hundred twenty-one thousand dollars
 for the period January first, two thousand nine through November thirti-
 eth, two thousand nine.
   (y) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to public general hospitals for recruitment and  retention  of
 health  care  workers pursuant to paragraph (b) of subdivision thirty of
 section twenty-eight hundred seven-c of this article  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) eighteen million five hundred thousand dollars  on  an  annualized
 basis  for  the  period January first, two thousand two through December
 thirty-first, two thousand two;
   (ii) thirty-seven million four hundred thousand dollars on an  annual-
 ized  basis  for  the  period  January first, two thousand three through
 December thirty-first, two thousand three;
   (iii) fifty-two million two hundred thousand dollars on an  annualized
 basis  for  the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) fifty-two million two hundred thousand  dollars  for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) fifty-two million two hundred  thousand  dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  forty-nine  million  dollars  for  the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (vii) forty-nine million dollars for the  period  January  first,  two
 thousand eight through December thirty-first, two thousand eight; and
   (viii) twelve million two hundred fifty thousand dollars for the peri-
 od  January  first,  two  thousand  nine through March thirty-first, two
 thousand nine.
   Provided, however, amounts pursuant to this paragraph may  be  reduced
 in  an  amount  to  be approved by the director of the budget to reflect
 amounts received from the federal  government  under  the  state's  1115
 waiver  which  are directed under its terms and conditions to the health
 workforce recruitment and retention program.
   (z) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of the non-public residential health care facility rate increases
 for recruitment and retention of health care workers pursuant  to  para-
 graph  (a) of subdivision eighteen of section twenty-eight hundred eight
 of this article from the tobacco control and insurance initiatives  pool
 established for the following periods in the following amounts:
   (i)  twenty-one million five hundred thousand dollars on an annualized
 basis for the period January first, two thousand  two  through  December
 thirty-first, two thousand two;
   (ii) thirty-three million three hundred thousand dollars on an annual-
 ized  basis  for  the  period  January first, two thousand three through
 December thirty-first, two thousand three;

 S. 7506--B                         151                        A. 9506--B
 
   (iii) forty-six million three hundred thousand dollars on  an  annual-
 ized  basis  for  the  period  January  first, two thousand four through
 December thirty-first, two thousand four;
   (iv)  forty-six  million three hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  forty-six  million  three hundred thousand dollars for the period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) thirty million nine hundred thousand dollars for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand seven;
   (vii) twenty-four million seven hundred thousand dollars for the peri-
 od  January first, two thousand eight through December thirty-first, two
 thousand eight;
   (viii) twelve million three hundred seventy-five thousand dollars  for
 the  period  January  first,  two thousand nine through December thirty-
 first, two thousand nine;
   (ix) nine million three hundred thousand dollars for the period  Janu-
 ary  first, two thousand ten through December thirty-first, two thousand
 ten; and
   (x) two million three hundred twenty-five  thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven.
   (aa) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to public residential health care facilities  for  recruitment
 and retention of health care workers pursuant to paragraph (b) of subdi-
 vision  eighteen  of  section twenty-eight hundred eight of this article
 from the tobacco control and insurance initiatives pool established  for
 the following periods in the following amounts:
   (i) seven million five hundred thousand dollars on an annualized basis
 for  the period January first, two thousand two through December thirty-
 first, two thousand two;
   (ii) eleven million seven hundred thousand dollars  on  an  annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) sixteen million two hundred thousand dollars  on  an  annualized
 basis  for  the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) sixteen million two hundred thousand dollars for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) sixteen million two hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six;
   (vi) ten million eight hundred thousand dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (vii)  six million seven hundred fifty thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight; and
   (viii) one million three hundred fifty thousand dollars for the period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine.

 S. 7506--B                         152                        A. 9506--B
 
   (bb)(i) Funds shall be deposited by the commissioner,  within  amounts
 appropriated,  and  subject  to  the  availability  of federal financial
 participation, and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  the  purpose  of  supporting  the
 state  share  of  adjustments  to Medicaid rates of payment for personal
 care services provided pursuant to paragraph (e) of subdivision  two  of
 section three hundred sixty-five-a of the social services law, for local
 social  service districts which include a city with a population of over
 one million persons and computed  and  distributed  in  accordance  with
 memorandums of understanding to be entered into between the state of New
 York and such local social service districts for the purpose of support-
 ing  the  recruitment  and retention of personal care service workers or
 any worker with direct patient care  responsibility,  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods and the following amounts:
   (A) forty-four million dollars, on an annualized basis, for the period
 April first, two thousand two through December thirty-first,  two  thou-
 sand two;
   (B)  seventy-four  million  dollars,  on  an annualized basis, for the
 period January first, two thousand three through December  thirty-first,
 two thousand three;
   (C)  one hundred four million dollars, on an annualized basis, for the
 period January first, two thousand four through  December  thirty-first,
 two thousand four;
   (D)  one  hundred  thirty-six million dollars, on an annualized basis,
 for the period January first, two thousand five through  December  thir-
 ty-first, two thousand five;
   (E)  one  hundred  thirty-six million dollars, on an annualized basis,
 for the period January first, two thousand six through December  thirty-
 first, two thousand six;
   (F)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (G)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight;
   (H)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand nine through  December  thirty-first,  two  thousand
 nine;
   (I)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand ten through December thirty-first, two thousand ten;
   (J) thirty-four million dollars for  the  period  January  first,  two
 thousand eleven through March thirty-first, two thousand eleven;
   (K)  up  to  one  hundred thirty-six million dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (L) up to one hundred thirty-six million  dollars  each  state  fiscal
 year  for  the  period March thirty-first, two thousand fourteen through
 April first, two thousand seventeen; [and]
   (M) up to one hundred thirty-six million  dollars  each  state  fiscal
 year  for  the  period April first, two thousand seventeen through March
 thirty-first, two thousand twenty; AND

 S. 7506--B                         153                        A. 9506--B
 
   (N) UP TO ONE HUNDRED THIRTY-SIX MILLION  DOLLARS  EACH  STATE  FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
 TY-FIRST, TWO THOUSAND TWENTY-THREE.
   (ii)  Adjustments  to  Medicaid  rates made pursuant to this paragraph
 shall not, in aggregate, exceed the following amounts for the  following
 periods:
   (A)  for  the  period  April  first, two thousand two through December
 thirty-first, two thousand two, one hundred ten million dollars;
   (B) for the period January first, two thousand three through  December
 thirty-first,  two  thousand  three,  one  hundred  eighty-five  million
 dollars;
   (C) for the period January first, two thousand four  through  December
 thirty-first, two thousand four, two hundred sixty million dollars;
   (D)  for  the period January first, two thousand five through December
 thirty-first, two thousand five, three hundred forty million dollars;
   (E) for the period January first, two thousand  six  through  December
 thirty-first, two thousand six, three hundred forty million dollars;
   (F)  for the period January first, two thousand seven through December
 thirty-first, two thousand seven, three hundred forty million dollars;
   (G) for the period January first, two thousand eight through  December
 thirty-first, two thousand eight, three hundred forty million dollars;
   (H)  for  the period January first, two thousand nine through December
 thirty-first, two thousand nine, three hundred forty million dollars;
   (I) for the period January first, two thousand  ten  through  December
 thirty-first, two thousand ten, three hundred forty million dollars;
   (J)  for  the  period January first, two thousand eleven through March
 thirty-first, two thousand eleven, eighty-five million dollars;
   (K) for each state fiscal year within  the  period  April  first,  two
 thousand eleven through March thirty-first, two thousand fourteen, three
 hundred forty million dollars;
   (L)  for  each  state  fiscal  year within the period April first, two
 thousand fourteen through March thirty-first,  two  thousand  seventeen,
 three hundred forty million dollars; [and]
   (M)  for  each  state  fiscal  year within the period April first, two
 thousand seventeen through  March  thirty-first,  two  thousand  twenty,
 three hundred forty million dollars; AND
   (N)  FOR  EACH  STATE  FISCAL  YEAR WITHIN THE PERIOD APRIL FIRST, TWO
 THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO  THOUSAND  TWENTY-THREE,
 THREE HUNDRED FORTY MILLION DOLLARS.
   (iii)  Personal care service providers which have their rates adjusted
 pursuant to this paragraph shall use  such  funds  for  the  purpose  of
 recruitment  and  retention  of  non-supervisory  personal care services
 workers or any worker with direct patient care responsibility  only  and
 are  prohibited  from  using such funds for any other purpose. Each such
 personal care services provider shall submit, at a time and in a  manner
 to  be determined by the commissioner, a written certification attesting
 that such funds will be used solely for the purpose of  recruitment  and
 retention of non-supervisory personal care services workers or any work-
 er  with direct patient care responsibility. The commissioner is author-
 ized to audit each such provider to ensure compliance with  the  written
 certification  required  by  this subdivision and shall recoup any funds
 determined to have been used for purposes  other  than  recruitment  and
 retention of non-supervisory personal care services workers or any work-
 er  with direct patient care responsibility. Such recoupment shall be in
 addition to any other penalties provided by law.

 S. 7506--B                         154                        A. 9506--B
 
   (cc) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or  any  successor  fund  or  account, for the purpose of supporting the
 state share of adjustments to Medicaid rates  of  payment  for  personal
 care  services  provided pursuant to paragraph (e) of subdivision two of
 section three hundred sixty-five-a of the social services law, for local
 social service districts which shall not include a  city  with  a  popu-
 lation  of  over  one  million persons for the purpose of supporting the
 personal care services  worker  recruitment  and  retention  program  as
 established  pursuant  to  section  three  hundred  sixty-seven-q of the
 social services law, from the tobacco control and insurance  initiatives
 pool established for the following periods and the following amounts:
   (i)  two  million  eight hundred thousand dollars for the period April
 first, two thousand two through December thirty-first, two thousand two;
   (ii) five million six  hundred  thousand  dollars,  on  an  annualized
 basis, for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii)  eight  million  four hundred thousand dollars, on an annualized
 basis, for the period January first, two thousand four through  December
 thirty-first, two thousand four;
   (iv)  ten  million  eight  hundred  thousand dollars, on an annualized
 basis, for the period January first, two thousand five through  December
 thirty-first, two thousand five;
   (v)  ten  million  eight  hundred  thousand  dollars, on an annualized
 basis, for the period January first, two thousand six  through  December
 thirty-first, two thousand six;
   (vi)  eleven million two hundred thousand dollars for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand seven;
   (vii) eleven million two hundred thousand dollars for the period Janu-
 ary  first,  two thousand eight through December thirty-first, two thou-
 sand eight;
   (viii) eleven million two hundred  thousand  dollars  for  the  period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine;
   (ix) eleven million two hundred thousand dollars for the period  Janu-
 ary  first, two thousand ten through December thirty-first, two thousand
 ten;
   (x) two million eight hundred thousand dollars for the period  January
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 eleven;
   (xi) up to eleven million two  hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen;
   (xii) up to eleven million two hundred  thousand  dollars  each  state
 fiscal  year  for  the period April first, two thousand fourteen through
 March thirty-first, two thousand seventeen; [and]
   (xiii) up to eleven million two hundred thousand  dollars  each  state
 fiscal  year  for the period April first, two thousand seventeen through
 March thirty-first, two thousand twenty; AND
   (XIV) UP TO ELEVEN MILLION TWO HUNDRED  THOUSAND  DOLLARS  EACH  STATE
 FISCAL  YEAR  FOR  THE  PERIOD  APRIL FIRST, TWO THOUSAND TWENTY THROUGH
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.

 S. 7506--B                         155                        A. 9506--B
 
   (dd) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any  successor  fund or account, for purposes of funding the state share
 of Medicaid expenditures for physician services from the tobacco control
 and insurance initiatives pool established for the following periods  in
 the following amounts:
   (i)  up to fifty-two million dollars for the period January first, two
 thousand two through December thirty-first, two thousand two;
   (ii) eighty-one million two hundred thousand dollars  for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iii) eighty-five million two hundred thousand dollars for the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
   (iv) eighty-five million two hundred thousand dollars for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) eighty-five million two hundred thousand dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  eighty-five  million two hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii)  eighty-five million two hundred thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight;
   (viii) eighty-five million two hundred thousand dollars for the period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine;
   (ix) eighty-five million two hundred thousand dollars for  the  period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten;
   (x)  twenty-one  million three hundred thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven; and
   (xi) eighty-five million  two  hundred  thousand  dollars  each  state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen.
   (ee) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any  successor  fund or account, for purposes of funding the state share
 of the free-standing diagnostic and treatment center rate increases  for
 recruitment and retention of health care workers pursuant to subdivision
 seventeen of section twenty-eight hundred seven of this article from the
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (i) three million two hundred fifty thousand dollars  for  the  period
 April  first,  two thousand two through December thirty-first, two thou-
 sand two;
   (ii) three million two hundred fifty thousand dollars on an annualized
 basis for the period January first, two thousand three through  December
 thirty-first, two thousand three;

 S. 7506--B                         156                        A. 9506--B
 
   (iii)  three  million two hundred fifty thousand dollars on an annual-
 ized basis for the period  January  first,  two  thousand  four  through
 December thirty-first, two thousand four;
   (iv)  three  million two hundred fifty thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  three  million  two hundred fifty thousand dollars for the period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) three million two hundred fifty thousand dollars for  the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (vii) three million four hundred thirty-eight thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight;
   (viii)  two million four hundred fifty thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  one million five hundred thousand dollars for the period January
 first, two thousand ten through December thirty-first, two thousand ten;
 and
   (x) three hundred twenty-five thousand dollars for the period  January
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 eleven.
   (ff) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any  successor  fund or account, for purposes of funding the state share
 of Medicaid expenditures for disabled persons as authorized pursuant  to
 former subparagraphs twelve and thirteen of paragraph (a) of subdivision
 one  of  section three hundred sixty-six of the social services law from
 the tobacco control and insurance initiatives pool established  for  the
 following periods in the following amounts:
   (i)  one  million  eight hundred thousand dollars for the period April
 first, two thousand two through December thirty-first, two thousand two;
   (ii) sixteen million four hundred thousand dollars  on  an  annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) eighteen million seven hundred thousand dollars on an annualized
 basis for the period January first, two thousand four  through  December
 thirty-first, two thousand four;
   (iv)  thirty million six hundred thousand dollars for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) thirty million six hundred thousand dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (vi) thirty million six hundred thousand dollars for the period  Janu-
 ary  first,  two thousand seven through December thirty-first, two thou-
 sand seven;
   (vii) fifteen million dollars for the period January first, two  thou-
 sand eight through December thirty-first, two thousand eight;
   (viii) fifteen million dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine;
   (ix)  fifteen  million dollars for the period January first, two thou-
 sand ten through December thirty-first, two thousand ten;

 S. 7506--B                         157                        A. 9506--B
 
   (x) three million seven hundred fifty thousand dollars for the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xi)  fifteen  million  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand fourteen;
   (xii)  fifteen  million  dollars each state fiscal year for the period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen; [and]
   (xiii) fifteen million dollars each state fiscal year for  the  period
 April  first,  two  thousand  seventeen  through March thirty-first, two
 thousand twenty; AND
   (XIV) FIFTEEN MILLION DOLLARS EACH STATE FISCAL YEAR  FOR  THE  PERIOD
 APRIL  FIRST,  TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOU-
 SAND TWENTY-THREE.
   (gg) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to non-public general hospitals pursuant to paragraph  (c)  of
 subdivision thirty of section twenty-eight hundred seven-c of this arti-
 cle  from the tobacco control and insurance initiatives pool established
 for the following periods in the following amounts:
   (i) up to one million three hundred thousand dollars on an  annualized
 basis  for  the  period January first, two thousand two through December
 thirty-first, two thousand two;
   (ii) up to three million two hundred thousand dollars on an annualized
 basis for the period January first, two thousand three through  December
 thirty-first, two thousand three;
   (iii) up to five million six hundred thousand dollars on an annualized
 basis  for  the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) up to eight million six hundred thousand dollars for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) up to eight million six hundred thousand dollars on an  annualized
 basis  for  the  period January first, two thousand six through December
 thirty-first, two thousand six;
   (vi) up to two million six hundred thousand  dollars  for  the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (vii) up to two million six hundred thousand dollars  for  the  period
 January  first,  two  thousand  eight through December thirty-first, two
 thousand eight;
   (viii) up to two million six hundred thousand dollars for  the  period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine;
   (ix) up to two million six hundred thousand  dollars  for  the  period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten; and
   (x)  up  to  six hundred fifty thousand dollars for the period January
 first, two thousand eleven  through  March  thirty-first,  two  thousand
 eleven.
   (hh)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit to the credit of the special revenue
 fund -  other,  HCRA  transfer  fund,  medical  assistance  account  for
 purposes  of  providing  financial assistance to residential health care

 S. 7506--B                         158                        A. 9506--B
 
 facilities pursuant to subdivisions nineteen and twenty-one  of  section
 twenty-eight hundred eight of this article, from the tobacco control and
 insurance  initiatives pool established for the following periods in the
 following amounts:
   (i)  for  the  period  April  first, two thousand two through December
 thirty-first, two thousand two, ten million dollars;
   (ii) for the period January first, two thousand three through December
 thirty-first, two thousand three, nine million four hundred fifty  thou-
 sand dollars;
   (iii) for the period January first, two thousand four through December
 thirty-first,  two thousand four, nine million three hundred fifty thou-
 sand dollars;
   (iv) up to fifteen million dollars for the period January  first,  two
 thousand five through December thirty-first, two thousand five;
   (v)  up  to  fifteen million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (vi) up to fifteen million dollars for the period January  first,  two
 thousand seven through December thirty-first, two thousand seven;
   (vii)  up to fifteen million dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (viii) up to fifteen million dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (ix) up to fifteen million dollars for the period January  first,  two
 thousand ten through December thirty-first, two thousand ten;
   (x)  up  to three million seven hundred fifty thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven; and
   (xi)  fifteen  million  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand fourteen.
   (ii)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for the purpose of supporting the
 state share of Medicaid expenditures for disabled persons as  authorized
 by sections 1619 (a) and (b) of the federal social security act pursuant
 to  the  tobacco  control and insurance initiatives pool established for
 the following periods in the following amounts:
   (i) six million four hundred thousand dollars  for  the  period  April
 first, two thousand two through December thirty-first, two thousand two;
   (ii) eight million five hundred thousand dollars, for the period Janu-
 ary  first,  two thousand three through December thirty-first, two thou-
 sand three;
   (iii) eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand four through December thirty-first, two thousand
 four;
   (iv) eight million five hundred thousand dollars for the period  Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) eight million five hundred thousand dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (vi) eight million six hundred thousand dollars for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven;

 S. 7506--B                         159                        A. 9506--B
 
   (vii) eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand eight through December thirty-first,  two  thou-
 sand eight;
   (viii)  eight  million  five  hundred  thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand ten through December thirty-first, two  thousand
 ten;
   (x) two million one hundred twenty-five thousand dollars for the peri-
 od  January  first,  two thousand eleven through March thirty-first, two
 thousand eleven;
   (xi) eight million five hundred thousand  dollars  each  state  fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (xii)  eight  million  five hundred thousand dollars each state fiscal
 year for the period April first, two  thousand  fourteen  through  March
 thirty-first, two thousand seventeen; [and]
   (xiii)  eight  million five hundred thousand dollars each state fiscal
 year for the period April first, two thousand  seventeen  through  March
 thirty-first, two thousand twenty; AND
   (XIV)  EIGHT  MILLION  FIVE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
 TY-FIRST, TWO THOUSAND TWENTY-THREE.
   (jj) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  including  income  from  invested  funds, for the
 purposes of a grant program to improve access to  infertility  services,
 treatments and procedures, from the tobacco control and insurance initi-
 atives  pool  established for the period January first, two thousand two
 through December thirty-first, two thousand two in the  amount  of  nine
 million  one hundred seventy-five thousand dollars, for the period April
 first, two thousand six through March thirty-first, two  thousand  seven
 in  the  amount of five million dollars, for the period April first, two
 thousand seven through March thirty-first, two  thousand  eight  in  the
 amount of five million dollars, for the period April first, two thousand
 eight  through  March  thirty-first,  two thousand nine in the amount of
 five million dollars, and for the period April first, two thousand  nine
 through  March  thirty-first,  two  thousand  ten  in the amount of five
 million dollars, for the period April first, two  thousand  ten  through
 March thirty-first, two thousand eleven in the amount of two million two
 hundred  thousand  dollars, and for the period April first, two thousand
 eleven through March thirty-first, two thousand twelve up to one million
 one hundred thousand dollars.
   (kk) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds -- other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of  Medical  Assistance  Program  expenditures  from  the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i) thirty-eight million eight hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;

 S. 7506--B                         160                        A. 9506--B
 
   (ii)  up  to  two  hundred  ninety-five million dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (iii)  up  to  four hundred seventy-two million dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (iv)  up to nine hundred million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (v) up to eight  hundred  sixty-six  million  three  hundred  thousand
 dollars  for the period January first, two thousand six through December
 thirty-first, two thousand six;
   (vi) up to six hundred sixteen million seven hundred thousand  dollars
 for  the period January first, two thousand seven through December thir-
 ty-first, two thousand seven;
   (vii) up to five hundred seventy-eight million  nine  hundred  twenty-
 five  thousand  dollars for the period January first, two thousand eight
 through December thirty-first, two thousand eight; and
   (viii) within amounts appropriated on and  after  January  first,  two
 thousand nine.
   (ll)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds -- other, HCRA transfer fund, medical assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of Medicaid expenditures related to the city of New York from  the
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (i) eighty-two million seven hundred thousand dollars for  the  period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii)  one hundred twenty-four million six hundred thousand dollars for
 the period January first, two thousand three  through  December  thirty-
 first, two thousand three;
   (iii)  one  hundred twenty-four million seven hundred thousand dollars
 for the period January first, two thousand four through  December  thir-
 ty-first, two thousand four;
   (iv)  one  hundred  twenty-four million seven hundred thousand dollars
 for the period January first, two thousand five through  December  thir-
 ty-first, two thousand five;
   (v) one hundred twenty-four million seven hundred thousand dollars for
 the  period  January  first,  two  thousand six through December thirty-
 first, two thousand six;
   (vi) one hundred twenty-four million seven  hundred  thousand  dollars
 for  the period January first, two thousand seven through December thir-
 ty-first, two thousand seven;
   (vii) one hundred twenty-four million seven hundred  thousand  dollars
 for  the period January first, two thousand eight through December thir-
 ty-first, two thousand eight;
   (viii) one hundred twenty-four million seven hundred thousand  dollars
 for  the  period January first, two thousand nine through December thir-
 ty-first, two thousand nine;
   (ix) one hundred twenty-four million seven  hundred  thousand  dollars
 for  the period January first, two thousand ten through December thirty-
 first, two thousand ten;

 S. 7506--B                         161                        A. 9506--B
 
   (x) thirty-one million one hundred seventy-five thousand  dollars  for
 the  period  January  first,  two  thousand eleven through March thirty-
 first, two thousand eleven; and
   (xi)  one  hundred  twenty-four million seven hundred thousand dollars
 each state fiscal year for the period April first, two  thousand  eleven
 through March thirty-first, two thousand fourteen.
   (mm)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding specified
 percentages of the state share of services and expenses related  to  the
 family health plus program in accordance with the following schedule:
   (i)  (A)  for  the  period  January  first, two thousand three through
 December thirty-first, two thousand four, one  hundred  percent  of  the
 state share;
   (B)  for  the period January first, two thousand five through December
 thirty-first, two thousand  five,  seventy-five  percent  of  the  state
 share; and
   (C)  for  periods  beginning  on and after January first, two thousand
 six, fifty percent of the state share.
   (ii) Funding for the family health plus program  will  include  up  to
 five million dollars annually for the period January first, two thousand
 three  through  December  thirty-first,  two  thousand  six,  up to five
 million dollars for the period January first, two thousand seven through
 December thirty-first, two thousand  seven,  up  to  seven  million  two
 hundred  thousand  dollars  for  the  period January first, two thousand
 eight through December thirty-first, two thousand  eight,  up  to  seven
 million  two  hundred thousand dollars for the period January first, two
 thousand nine through December thirty-first, two thousand  nine,  up  to
 seven million two hundred thousand dollars for the period January first,
 two  thousand ten through December thirty-first, two thousand ten, up to
 one million eight hundred thousand dollars for the period January first,
 two thousand eleven through March thirty-first, two thousand eleven,  up
 to  six  million forty-nine thousand dollars for the period April first,
 two thousand eleven through March thirty-first, two thousand twelve,  up
 to  six  million two hundred eighty-nine thousand dollars for the period
 April first, two thousand twelve through March thirty-first,  two  thou-
 sand  thirteen,  and  up  to six million four hundred sixty-one thousand
 dollars for the period April first, two thousand thirteen through  March
 thirty-first,  two  thousand  fourteen, for administration and marketing
 costs associated with such program established pursuant to  clauses  (A)
 and  (B)  of  subparagraph  (v)  of  paragraph (a) of subdivision two of
 section three hundred sixty-nine-ee of the social services law from  the
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (A) one hundred ninety million six hundred thousand  dollars  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
   (B) three hundred seventy-four million dollars for the period  January
 first,  two  thousand  four  through December thirty-first, two thousand
 four;
   (C) five hundred thirty-eight million four  hundred  thousand  dollars
 for  the  period January first, two thousand five through December thir-
 ty-first, two thousand five;

 S. 7506--B                         162                        A. 9506--B
 
   (D) three hundred eighteen million seven hundred seventy-five thousand
 dollars for the period January first, two thousand six through  December
 thirty-first, two thousand six;
   (E) four hundred eighty-two million eight hundred thousand dollars for
 the  period  January  first, two thousand seven through December thirty-
 first, two thousand seven;
   (F) five hundred seventy million twenty-five thousand dollars for  the
 period  January first, two thousand eight through December thirty-first,
 two thousand eight;
   (G) six hundred ten million seven hundred twenty-five thousand dollars
 for the period January first, two thousand nine through  December  thir-
 ty-first, two thousand nine;
   (H) six hundred twenty-seven million two hundred seventy-five thousand
 dollars  for the period January first, two thousand ten through December
 thirty-first, two thousand ten;
   (I) one hundred fifty-seven million eight hundred  seventy-five  thou-
 sand  dollars  for the period January first, two thousand eleven through
 March thirty-first, two thousand eleven;
   (J) six hundred twenty-eight million four hundred thousand dollars for
 the period April first, two thousand eleven through March  thirty-first,
 two thousand twelve;
   (K)  six  hundred  fifty million four hundred thousand dollars for the
 period April first, two thousand twelve through March thirty-first,  two
 thousand thirteen;
   (L)  six  hundred  fifty million four hundred thousand dollars for the
 period April first, two thousand thirteen  through  March  thirty-first,
 two thousand fourteen; and
   (M)  up to three hundred ten million five hundred ninety-five thousand
 dollars for the period April first, two thousand fourteen through  March
 thirty-first, two thousand fifteen.
   (nn)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, health care services  account,
 or  any  successor  fund  or account, for purposes related to adult home
 initiatives for medicaid eligible residents  of  residential  facilities
 licensed pursuant to section four hundred sixty-b of the social services
 law  from the tobacco control and insurance initiatives pool established
 for the following periods in the following amounts:
   (i) up to four million dollars for the period January first, two thou-
 sand three through December thirty-first, two thousand three;
   (ii) up to six million dollars for the period January first, two thou-
 sand four through December thirty-first, two thousand four;
   (iii) up to eight million dollars for the period  January  first,  two
 thousand   five   through  December  thirty-first,  two  thousand  five,
 provided, however, that up to five million two  hundred  fifty  thousand
 dollars of such funds shall be received by the comptroller and deposited
 to  the  credit of the special revenue fund - other / aid to localities,
 HCRA transfer fund - 061, enhanced community services account -  05,  or
 any  successor fund or account, for the purposes set forth in this para-
 graph;
   (iv) up to eight million dollars for the  period  January  first,  two
 thousand  six through December thirty-first, two thousand six, provided,
 however, that up to five million two hundred fifty thousand  dollars  of
 such  funds  shall  be  received by the comptroller and deposited to the
 credit of the special revenue fund - other /  aid  to  localities,  HCRA

 S. 7506--B                         163                        A. 9506--B
 
 transfer  fund  -  061, enhanced community services account - 05, or any
 successor fund or account, for the purposes set forth in this paragraph;
   (v)  up  to  eight  million  dollars for the period January first, two
 thousand  seven  through  December  thirty-first,  two  thousand  seven,
 provided,  however,  that  up to five million two hundred fifty thousand
 dollars of such funds shall be received by the comptroller and deposited
 to the credit of the special revenue fund - other / aid  to  localities,
 HCRA  transfer  fund - 061, enhanced community services account - 05, or
 any successor fund or account, for the purposes set forth in this  para-
 graph;
   (vi)  up  to  two million seven hundred fifty thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight;
   (vii)  up  to two million seven hundred fifty thousand dollars for the
 period January first, two thousand nine through  December  thirty-first,
 two thousand nine;
   (viii)  up to two million seven hundred fifty thousand dollars for the
 period January first, two thousand ten  through  December  thirty-first,
 two thousand ten; and
   (ix)  up  to  six hundred eighty-eight thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven.
   (oo) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to non-public general hospitals pursuant to paragraph  (e)  of
 subdivision  twenty-five of section twenty-eight hundred seven-c of this
 article from the tobacco control and insurance initiatives  pool  estab-
 lished for the following periods in the following amounts:
   (i)  up  to five million dollars on an annualized basis for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (ii)  up  to  five  million  dollars for the period January first, two
 thousand five through December thirty-first, two thousand five;
   (iii) up to five million dollars for the  period  January  first,  two
 thousand six through December thirty-first, two thousand six;
   (iv)  up  to  five  million  dollars for the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (v) up to five million dollars for the period January first, two thou-
 sand eight through December thirty-first, two thousand eight;
   (vi) up to five million dollars for  the  period  January  first,  two
 thousand nine through December thirty-first, two thousand nine;
   (vii)  up  to  five  million dollars for the period January first, two
 thousand ten through December thirty-first, two thousand ten; and
   (viii) up to one million two hundred fifty thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven.
   (pp) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  including  income  from  invested  funds, for the
 purpose of supporting the provision of tax credits for  long  term  care
 insurance  pursuant  to subdivision one of section one hundred ninety of
 the tax law, paragraph (a) of subdivision  [twenty-five-a]  FOURTEEN  of
 section  two hundred [ten] TEN-B of such law, subsection (aa) of section
 six hundred six of such law[, paragraph one of subsection (k) of section
 fourteen hundred fifty-six of such law] and paragraph one of subdivision
 (m) of section fifteen hundred eleven of  such  law,  in  the  following
 amounts:

 S. 7506--B                         164                        A. 9506--B
 
   (i)  ten  million  dollars  for the period January first, two thousand
 four through December thirty-first, two thousand four;
   (ii)  ten  million  dollars for the period January first, two thousand
 five through December thirty-first, two thousand five;
   (iii) ten million dollars for the period January first,  two  thousand
 six through December thirty-first, two thousand six; and
   (iv)  five  million dollars for the period January first, two thousand
 seven through June thirtieth, two thousand seven.
   (qq) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  including  income  from  invested  funds, for the
 purpose  of  supporting  the  long-term  care  insurance  education  and
 outreach program established pursuant to section two hundred seventeen-a
 of the elder law for the following periods in the following amounts:
   (i) up to five million dollars for the period January first, two thou-
 sand  four  through  December  thirty-first,  two thousand four; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program  and  three million fifty thousand dollars shall be deposited by
 the commissioner, within amounts appropriated, and  the  comptroller  is
 hereby  authorized  and directed to receive for deposit to the credit of
 the special revenue funds - other, HCRA transfer fund,  long  term  care
 insurance  resource  center account of the state office for the aging or
 any future account designated for the purpose of implementing  the  long
 term  care  insurance  education  and outreach program and providing the
 long term care insurance resource centers with the  necessary  resources
 to carry out their operations;
   (ii)  up  to  five  million  dollars for the period January first, two
 thousand five through December thirty-first, two thousand five; of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be  deposited  by
 the  commissioner,  within  amounts appropriated, and the comptroller is
 hereby authorized and directed to receive for deposit to the  credit  of
 the  special  revenue  funds - other, HCRA transfer fund, long term care
 insurance resource center account of the state office for the  aging  or
 any  future  account designated for the purpose of implementing the long
 term care insurance education and outreach  program  and  providing  the
 long  term  care insurance resource centers with the necessary resources
 to carry out their operations;
   (iii) up to five million dollars for the  period  January  first,  two
 thousand  six  through  December thirty-first, two thousand six; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program and three million fifty thousand dollars shall be made available
 to  the  office for the aging for the purpose of providing the long term
 care insurance resource centers with the necessary  resources  to  carry
 out their operations;
   (iv)  up  to  five  million  dollars for the period January first, two
 thousand seven through December thirty-first,  two  thousand  seven;  of
 such funds one million nine hundred fifty thousand dollars shall be made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program and three million fifty thousand dollars shall be made available

 S. 7506--B                         165                        A. 9506--B
 
 to  the  office for the aging for the purpose of providing the long term
 care insurance resource centers with the necessary  resources  to  carry
 out their operations;
   (v) up to five million dollars for the period January first, two thou-
 sand  eight  through  December thirty-first, two thousand eight; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long term care insurance  education  and  outreach
 program and three million fifty thousand dollars shall be made available
 to  the  office for the aging for the purpose of providing the long term
 care insurance resource centers with the necessary  resources  to  carry
 out their operations;
   (vi)  up  to  five  million  dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine; of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to the office for the aging for the purpose of providing  the  long-term
 care  insurance  resource  centers with the necessary resources to carry
 out their operations;
   (vii) up to four hundred eighty-eight thousand dollars for the  period
 January first, two thousand ten through March thirty-first, two thousand
 ten;  of  such funds four hundred eighty-eight thousand dollars shall be
 made available to the department for the purpose of  developing,  imple-
 menting  and  administering  the  long-term care insurance education and
 outreach program.
   (rr) Funds shall be reserved and accumulated from the tobacco  control
 and  insurance initiatives pool and shall be available, including income
 from invested funds, for the purpose of supporting expenses  related  to
 implementation  of  the provisions of title [III] THREE of article twen-
 ty-nine-D of this chapter, for the following periods and in the  follow-
 ing amounts:
   (i)  up to ten million dollars for the period January first, two thou-
 sand six through December thirty-first, two thousand six;
   (ii) up to ten million dollars for the period January first, two thou-
 sand seven through December thirty-first, two thousand seven;
   (iii) up to ten million dollars for  the  period  January  first,  two
 thousand eight through December thirty-first, two thousand eight;
   (iv) up to ten million dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine;
   (v)  up to ten million dollars for the period January first, two thou-
 sand ten through December thirty-first, two thousand ten; and
   (vi) up to two million five hundred thousand dollars  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven.
   (ss)  Funds shall be reserved and accumulated from the tobacco control
 and insurance initiatives pool and used for a health care  stabilization
 program  established by the commissioner for the purposes of stabilizing
 critical health care providers and health care programs whose ability to
 continue to provide appropriate services are threatened by financial  or
 other  challenges,  in  the amount of up to twenty-eight million dollars
 for the period July first, two thousand four through June thirtieth, two
 thousand five. Notwithstanding the provisions  of  section  one  hundred
 twelve  of  the state finance law or any other inconsistent provision of
 the state finance law or any other law, funds available for distribution

 S. 7506--B                         166                        A. 9506--B
 
 pursuant to this paragraph may  be  allocated  and  distributed  by  the
 commissioner,  or  the state comptroller as applicable without a compet-
 itive bid or request for proposal process. Considerations relied upon by
 the commissioner in determining the allocation and distribution of these
 funds  shall  include,  but  not  be  limited to, the following: (i) the
 importance of the provider or program in meeting  critical  health  care
 needs  in  the  community  in  which  it  operates; (ii) the provider or
 program provision of care to under-served populations; (iii) the quality
 of the care or services the provider or program delivers; (iv) the abil-
 ity of the provider or program to continue  to  deliver  an  appropriate
 level  of  care or services if additional funding is made available; (v)
 the ability of the provider or program to access, in  a  timely  manner,
 alternative  sources  of  funding, including other sources of government
 funding; (vi) the ability of other providers or programs in the communi-
 ty to meet the community health care needs; (vii) whether  the  provider
 or  program  has an appropriate plan to improve its financial condition;
 and (viii) whether additional  funding  would  permit  the  provider  or
 program  to  consolidate,  relocate, or close programs or services where
 such actions would result in greater stability  and  efficiency  in  the
 delivery of needed health care services or programs.
   (tt)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  providing  grants  for  two  long  term  care demonstration projects
 designed to test new models for the delivery of long term care  services
 established  pursuant  to  section  twenty-eight hundred seven-x of this
 chapter, for the following periods and in the following amounts:
   (i) up to five hundred thousand dollars for the period January  first,
 two thousand four through December thirty-first, two thousand four;
   (ii) up to five hundred thousand dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (iii)  up  to  five  hundred  thousand  dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (iv) up to one million dollars for the period January first, two thou-
 sand seven through December thirty-first, two thousand seven; and
   (v) up to two hundred fifty thousand dollars for  the  period  January
 first,  two  thousand  eight  through  March  thirty-first, two thousand
 eight.
   (uu) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  including  income  from  invested  funds, for the
 purpose of supporting disease management and telemedicine  demonstration
 programs  authorized  pursuant  to  section twenty-one hundred eleven of
 this chapter for the following periods in the following amounts:
   (i) five million dollars for the period January  first,  two  thousand
 four  through  December  thirty-first, two thousand four, of which three
 million dollars shall be available for disease management  demonstration
 programs  and  two  million  dollars shall be available for telemedicine
 demonstration programs;
   (ii) five million dollars for the period January first,  two  thousand
 five  through  December  thirty-first, two thousand five, of which three
 million dollars shall be available for disease management  demonstration
 programs  and  two  million  dollars shall be available for telemedicine
 demonstration programs;
   (iii) nine million five hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six, of which seven million  five  hundred  thousand  dollars  shall  be

 S. 7506--B                         167                        A. 9506--B
 
 available  for disease management demonstration programs and two million
 dollars shall be available for telemedicine demonstration programs;
   (iv) nine million five hundred thousand dollars for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven, of which seven million five hundred  thousand  dollars  shall  be
 available  for disease management demonstration programs and one million
 dollars shall be available for telemedicine demonstration programs;
   (v) nine million five hundred thousand dollars for the period  January
 first,  two  thousand  eight through December thirty-first, two thousand
 eight, of which seven million five hundred  thousand  dollars  shall  be
 available  for disease management demonstration programs and two million
 dollars shall be available for telemedicine demonstration programs;
   (vi) seven million eight hundred thirty-three thousand  three  hundred
 thirty-three  dollars  for  the  period January first, two thousand nine
 through December thirty-first, two thousand nine, of which seven million
 five hundred thousand dollars shall be available for disease  management
 demonstration  programs  and  three  hundred thirty-three thousand three
 hundred thirty-three dollars shall be available for telemedicine  demon-
 stration  programs  for  the  period  January  first,  two thousand nine
 through March first, two thousand nine;
   (vii) one million eight hundred seventy-five thousand dollars for  the
 period  January  first, two thousand ten through March thirty-first, two
 thousand ten shall be available  for  disease  management  demonstration
 programs.
   (ww)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the  general  hospital  rates  increases  for  recruitment  and
 retention  of  health care workers pursuant to paragraph (e) of subdivi-
 sion thirty of section twenty-eight hundred seven-c of this article from
 the tobacco control and insurance initiatives pool established  for  the
 following periods in the following amounts:
   (i) sixty million five hundred thousand dollars for the period January
 first,  two  thousand  five  through December thirty-first, two thousand
 five; and
   (ii) sixty million five hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six.
   (xx) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for the deposit to the credit of the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share of the general hospital rates increases for rural hospitals pursu-
 ant to subdivision thirty-two of section twenty-eight hundred seven-c of
 this  article  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) three million five hundred thousand dollars for the period January
 first, two thousand five through  December  thirty-first,  two  thousand
 five;
   (ii)  three million five hundred thousand dollars for the period Janu-
 ary first, two thousand six through December thirty-first, two  thousand
 six;

 S. 7506--B                         168                        A. 9506--B
 
   (iii) three million five hundred thousand dollars for the period Janu-
 ary  first,  two thousand seven through December thirty-first, two thou-
 sand seven;
   (iv)  three million five hundred thousand dollars for the period Janu-
 ary first, two thousand eight through December thirty-first,  two  thou-
 sand eight; and
   (v)  three  million  two hundred eight thousand dollars for the period
 January first, two thousand nine through November thirtieth,  two  thou-
 sand nine.
   (yy)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  within  amounts  appropriated  and  notwithstanding
 section  one  hundred  twelve  of  the  state  finance law and any other
 contrary provision of law, for the purpose of supporting grants  not  to
 exceed  five  million  dollars  to be made by the commissioner without a
 competitive bid or request for  proposal  process,  in  support  of  the
 delivery  of  critically  needed  health  care  services, to health care
 providers located in the counties of Erie and Niagara which  executed  a
 memorandum of closing and conducted a merger closing in escrow on Novem-
 ber  twenty-fourth, nineteen hundred ninety-seven and which entered into
 a settlement dated December thirtieth, two thousand four for a  loss  on
 disposal  of  assets  under the provisions of title XVIII of the federal
 social security act applicable to mergers occurring  prior  to  December
 first, nineteen hundred ninety-seven.
   (zz)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, within amounts  appropriated,  for  the  purpose  of
 supporting  expenditures  authorized  pursuant  to  section twenty-eight
 hundred eighteen of this article from the tobacco control and  insurance
 initiatives  pool established for the following periods in the following
 amounts:
   (i) six million five hundred thousand dollars for the  period  January
 first,  two  thousand  five  through December thirty-first, two thousand
 five;
   (ii) one hundred eight million three hundred thousand dollars for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, provided, however, that within amounts appropriated in
 the two thousand six through two thousand seven  state  fiscal  year,  a
 portion  of  such  funds  may  be transferred to the Roswell Park Cancer
 Institute Corporation to fund capital costs;
   (iii) one hundred seventy-one million dollars for the  period  January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven, provided, however, that within amounts appropriated  in  the  two
 thousand  six through two thousand seven state fiscal year, a portion of
 such funds may be transferred  to  the  Roswell  Park  Cancer  Institute
 Corporation to fund capital costs;
   (iv) one hundred seventy-one million five hundred thousand dollars for
 the  period  January  first, two thousand eight through December thirty-
 first, two thousand eight;
   (v) one hundred twenty-eight  million  seven  hundred  fifty  thousand
 dollars for the period January first, two thousand nine through December
 thirty-first, two thousand nine;
   (vi)  one  hundred thirty-one million three hundred seventy-five thou-
 sand dollars for the period January  first,  two  thousand  ten  through
 December thirty-first, two thousand ten;
   (vii)  thirty-four  million two hundred fifty thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven;

 S. 7506--B                         169                        A. 9506--B

   (viii) four hundred thirty-three million three hundred sixty-six thou-
 sand  dollars  for  the  period April first, two thousand eleven through
 March thirty-first, two thousand twelve;
   (ix)  one hundred fifty million eight hundred six thousand dollars for
 the period April first, two thousand twelve through March  thirty-first,
 two thousand thirteen;
   (x)  seventy-eight million seventy-one thousand dollars for the period
 April first, two thousand thirteen through March thirty-first, two thou-
 sand fourteen.
   (aaa) Funds shall be reserved and accumulated from year  to  year  and
 shall  be  available, including income from invested funds, for services
 and expenses related to school based health centers, in an amount up  to
 three  million five hundred thousand dollars for the period April first,
 two thousand six through March thirty-first, two thousand seven,  up  to
 three  million five hundred thousand dollars for the period April first,
 two thousand seven through March thirty-first, two thousand eight, up to
 three million five hundred thousand dollars for the period April  first,
 two  thousand eight through March thirty-first, two thousand nine, up to
 three million five hundred thousand dollars for the period April  first,
 two  thousand  nine  through March thirty-first, two thousand ten, up to
 three million five hundred thousand dollars for the period April  first,
 two  thousand ten through March thirty-first, two thousand eleven, up to
 two million eight hundred thousand dollars each state  fiscal  year  for
 the  period April first, two thousand eleven through March thirty-first,
 two thousand fourteen, up to two million six hundred forty-four thousand
 dollars each state fiscal year for the period April first, two  thousand
 fourteen through March thirty-first, two thousand seventeen, [and] up to
 two  million  six  hundred forty-four thousand dollars each state fiscal
 year for the period April first, two thousand  seventeen  through  March
 thirty-first,  two  thousand  twenty,  AND UP TO TWO MILLION SIX HUNDRED
 FORTY-FOUR THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD  APRIL
 FIRST,  TWO  THOUSAND  TWENTY  THROUGH  MARCH THIRTY-FIRST, TWO THOUSAND
 TWENTY-THREE. The  total  amount  of  funds  provided  herein  shall  be
 distributed  as  grants  based  on  the  ratio  of each provider's total
 enrollment for all sites to the total enrollment of all providers.  This
 formula shall be applied to the total amount provided herein.
   (bbb)  Funds  shall  be reserved and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  awarding  grants  to  operators  of  adult  homes,  enriched housing
 programs and residences through the enhancing abilities and life experi-
 ence (EnAbLe) program to provide for  the  installation,  operation  and
 maintenance  of air conditioning in resident rooms, consistent with this
 paragraph, in an amount up to two million dollars for the  period  April
 first,  two thousand six through March thirty-first, two thousand seven,
 up to three million eight hundred thousand dollars for the period  April
 first,  two  thousand  seven  through  March  thirty-first, two thousand
 eight, up to three million eight hundred thousand dollars for the period
 April first, two thousand eight through March thirty-first, two thousand
 nine, up to three million eight hundred thousand dollars for the  period
 April  first, two thousand nine through March thirty-first, two thousand
 ten, and up to three million eight  hundred  thousand  dollars  for  the
 period  April  first,  two  thousand ten through March thirty-first, two
 thousand eleven. Residents shall not be charged utility cost for the use
 of air conditioners supplied under the  EnAbLe  program.  All  such  air
 conditioners must be operated in occupied resident rooms consistent with
 requirements applicable to common areas.

 S. 7506--B                         170                        A. 9506--B
 
   (ccc)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of increases in the rates for certified home health agencies, long
 term home  health  care  programs,  AIDS  home  care  programs,  hospice
 programs and managed long term care plans and approved managed long term
 care  operating  demonstrations as defined in section forty-four hundred
 three-f of this chapter for recruitment and  retention  of  health  care
 workers  pursuant  to  subdivisions  nine  and ten of section thirty-six
 hundred fourteen of this chapter from the tobacco control and  insurance
 initiatives  pool established for the following periods in the following
 amounts:
   (i) twenty-five million dollars for the period June first,  two  thou-
 sand six through December thirty-first, two thousand six;
   (ii)  fifty million dollars for the period January first, two thousand
 seven through December thirty-first, two thousand seven;
   (iii) fifty million dollars for the period January first, two thousand
 eight through December thirty-first, two thousand eight;
   (iv) fifty million dollars for the period January first, two  thousand
 nine through December thirty-first, two thousand nine;
   (v)  fifty  million dollars for the period January first, two thousand
 ten through December thirty-first, two thousand ten;
   (vi) twelve million five hundred thousand dollars for the period Janu-
 ary first, two thousand eleven through March thirty-first, two  thousand
 eleven;
   (vii) up to fifty million dollars each state fiscal year for the peri-
 od  April  first,  two  thousand  eleven through March thirty-first, two
 thousand fourteen;
   (viii) up to fifty million dollars each  state  fiscal  year  for  the
 period  April  first,  two thousand fourteen through March thirty-first,
 two thousand seventeen; [and]
   (ix) up to fifty million dollars each state fiscal year for the period
 April first, two thousand  seventeen  through  March  thirty-first,  two
 thousand twenty; AND
   (X)  UP TO FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST,  TWO  THOU-
 SAND TWENTY-THREE.
   (ddd)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of increases in the medical assistance  rates  for  providers  for
 purposes  of  enhancing the provision, quality and/or efficiency of home
 care services pursuant  to  subdivision  eleven  of  section  thirty-six
 hundred  fourteen of this chapter from the tobacco control and insurance
 initiatives pool established for the following period in the  amount  of
 eight  million  dollars  for  the  period  April first, two thousand six
 through December thirty-first, two thousand six.
   (eee) Funds shall be reserved and accumulated from year  to  year  and
 shall  be available, including income from invested funds, to the Center
 for Functional Genomics at the State University of New York  at  Albany,
 for  the  purposes  of  the  Adirondack network for cancer education and
 research in rural communities grant program to improve access to  health

 S. 7506--B                         171                        A. 9506--B
 
 care  and shall be made available from the tobacco control and insurance
 initiatives pool established for the following period in the  amount  of
 up  to  five  million dollars for the period January first, two thousand
 six through December thirty-first, two thousand six.
   (fff)  Funds  shall  be  made  available to the empire state stem cell
 TRUST fund established by section ninety-nine-p of the state finance law
 within amounts appropriated up to fifty  million  dollars  annually  and
 shall not exceed five hundred million dollars in total.
   (ggg)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for the purpose of supporting  the  state
 share  of  Medicaid  expenditures  for  hospital translation services as
 authorized pursuant to paragraph (k) of subdivision one of section twen-
 ty-eight hundred seven-c of this article from the  tobacco  control  and
 initiatives  pool established for the following periods in the following
 amounts:
   (i) sixteen million dollars for the period July  first,  two  thousand
 eight through December thirty-first, two thousand eight; and
   (ii)  fourteen  million  seven hundred thousand dollars for the period
 January first, two thousand nine through November thirtieth,  two  thou-
 sand nine.
   (hhh)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for the purpose of supporting  the  state
 share  of  Medicaid  expenditures  for adjustments to inpatient rates of
 payment for general hospitals located in  the  counties  of  Nassau  and
 Suffolk  as  authorized  pursuant to paragraph (l) of subdivision one of
 section twenty-eight hundred seven-c of this article  from  the  tobacco
 control  and  initiatives  pool established for the following periods in
 the following amounts:
   (i) two million five hundred thousand dollars  for  the  period  April
 first,  two  thousand  eight through December thirty-first, two thousand
 eight; and
   (ii) two million two hundred ninety-two thousand dollars for the peri-
 od January first, two thousand  nine  through  November  thirtieth,  two
 thousand nine.
   (iii)  Funds shall be reserved and set aside and accumulated from year
 to year and shall be made available, including  income  from  investment
 funds,  for  the purpose of supporting the New York state medical indem-
 nity fund as authorized pursuant to title four of article  twenty-nine-D
 of this chapter, for the following periods and in the following amounts,
 provided,  however,  that  the commissioner is authorized to seek waiver
 authority from the federal centers for medicare  and  Medicaid  for  the
 purpose  of  securing  Medicaid federal financial participation for such
 program, in which case the funding authorized pursuant to this paragraph
 shall be utilized as the non-federal share for such payments:
   Thirty million dollars for the period April first, two thousand eleven
 through March thirty-first, two thousand twelve.
   2. (a) For periods prior to January  first,  two  thousand  five,  the
 commissioner  is  authorized  to  contract  with the article forty-three
 insurance law plans, or such other contractors as the commissioner shall
 designate, to receive and distribute funds from the tobacco control  and

 S. 7506--B                         172                        A. 9506--B
 
 insurance  initiatives pool established pursuant to this section. In the
 event contracts with the article  forty-three  insurance  law  plans  or
 other  commissioner's  designees are effectuated, the commissioner shall
 conduct annual audits of the receipt and distribution of such funds. The
 reasonable  costs  and  expenses  of an administrator as approved by the
 commissioner, not to exceed for personnel services on  an  annual  basis
 five  hundred thousand dollars, for collection and distribution of funds
 pursuant to this section shall be paid from such funds.
   (b) Notwithstanding any inconsistent provision of section one  hundred
 twelve  or one hundred sixty-three of the state finance law or any other
 law, at the discretion of the commissioner without a competitive bid  or
 request  for proposal process, contracts in effect for administration of
 pools established pursuant to  sections  twenty-eight  hundred  seven-k,
 twenty-eight  hundred  seven-l  and twenty-eight hundred seven-m of this
 article for the  period  January  first,  nineteen  hundred  ninety-nine
 through  December  thirty-first,  nineteen  hundred  ninety-nine  may be
 extended to provide for administration pursuant to this section and  may
 be amended as may be necessary.
   §  15.  Paragraph (a) of subdivision 12 of section 367-b of the social
 services law, as amended by section 7 of part H of  chapter  57  of  the
 laws of 2017, is amended to read as follows:
   (a) For the purpose of regulating cash flow for general hospitals, the
 department  shall develop and implement a payment methodology to provide
 for timely payments for inpatient hospital services  eligible  for  case
 based  payments per discharge based on diagnosis-related groups provided
 during the period January first, nineteen hundred  eighty-eight  through
 March thirty-first two thousand [twenty] TWENTY-THREE, by such hospitals
 which elect to participate in the system.
   §  16.  Paragraph  (o)  of subdivision 9 of section 3614 of the public
 health law, as added by section 11 of part H of chapter 57 of  the  laws
 of  2017, is amended and three new paragraphs (p), (q) and (r) are added
 to read as follows:
   (o) for the period April first, two thousand  nineteen  through  March
 thirty-first, two thousand twenty, up to one hundred million dollars[.];
   (P)  FOR  THE  PERIOD  APRIL  FIRST, TWO THOUSAND TWENTY THROUGH MARCH
 THIRTY-FIRST,  TWO  THOUSAND  TWENTY-ONE,  UP  TO  ONE  HUNDRED  MILLION
 DOLLARS;
   (Q)  FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-ONE THROUGH MARCH
 THIRTY-FIRST,  TWO  THOUSAND  TWENTY-TWO,  UP  TO  ONE  HUNDRED  MILLION
 DOLLARS;
   (R)  FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-TWO THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND  TWENTY-THREE,  UP  TO  ONE  HUNDRED  MILLION
 DOLLARS.
   §  17.  Paragraph  (s) of subdivision 1 of section 367-q of the social
 services law, as added by section 12 of part H of chapter 57 of the laws
 of 2017, is amended and three new paragraphs (t), (u) and (v) are  added
 to read as follows:
   (s)  for  the  period April first, two thousand nineteen through March
 thirty-first, two thousand twenty,  twenty-eight  million  five  hundred
 thousand dollars[.];
   (T)  FOR  THE  PERIOD  APRIL  FIRST, TWO THOUSAND TWENTY THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, UP TO TWENTY-EIGHT  MILLION  FIVE
 HUNDRED THOUSAND DOLLARS;
   (U)  FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-ONE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, UP TO TWENTY-EIGHT  MILLION  FIVE
 HUNDRED THOUSAND DOLLARS;

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   (V)  FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-TWO THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, UP TO TWENTY-EIGHT MILLION FIVE
 HUNDRED THOUSAND DOLLARS.
   §  18.  Section  5  of  chapter  517 of the laws of 2016, amending the
 public health law relating to payments from the New York  state  medical
 indemnity  fund,  as amended by section 4 of part K of chapter 57 of the
 laws of 2019, is amended to read as follows:
   § 5. This act shall take effect on the forty-fifth day after it  shall
 have  become  a  law,  provided  that the amendments to subdivision 4 of
 section 2999-j of the public health law made by section two of this  act
 shall  take  effect  on  June  30,  2017  and shall expire and be deemed
 repealed December 31, [2020] 2021.
   § 19. Section 2807-g and paragraph (e) of  subdivision  1  of  section
 2807-l of the public health law are REPEALED.
   §  20. This act shall take effect April 1, 2020, provided, however, if
 this act shall become a law after such date it shall take  effect  imme-
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2020, and further provided, that:
   (a)  the amendments to sections 2807-j and 2807-s of the public health
 law made by sections two, eight, eleven and twelve of this act shall not
 affect the expiration of such sections and shall expire therewith;
   (b) the amendments to subdivision 6 of section 2807-t  of  the  public
 health  law  made  by  section thirteen of this act shall not affect the
 expiration of such section and shall be deemed to expire therewith; and
   (c) the amendments to paragraph (i-1)  of  subdivision  1  of  section
 2807-v  of  the  public  health law made by section fourteen of this act
 shall not affect the repeal  of  such  paragraph  and  shall  be  deemed
 repealed therewith.
 
                                  PART Z
 
   Section  1.  Subdivisions  1  and  3  of  section  461-s of the social
 services law, subdivision 1 as amended by section 4 of part R of chapter
 59 of the laws of 2016 and subdivision 3 as amended by section 6 of part
 A of chapter 57 of the laws of 2015, are amended to read as follows:
   1. (A) The commissioner of health shall establish the enhanced quality
 of adult living program (referred to  in  this  section  as  the  "EQUAL
 program" or the "program") for adult care facilities.  The program shall
 be  targeted  at  improving  the quality of life for adult care facility
 residents by means of grants to facilities for [specified] THE  purposes
 SET  FORTH  IN SUBPARAGRAPHS (I) AND (II) OF THE PARAGRAPH.  The depart-
 ment of health, subject to the approval of the director of  the  budget,
 shall  develop  an allocation methodology taking into account the finan-
 cial status and size of the facility [as well as],  resident  needs  AND
 THE  POPULATION  OF  RESIDENTS WHO RECEIVE SUPPLEMENTAL SECURITY INCOME,
 STATE SUPPLEMENTAL PAYMENTS, MEDICAID (WITH RESPECT TO RESIDENTS  IN  AN
 ASSISTED  LIVING  PROGRAM), OR SAFETY NET ASSISTANCE.  On or before June
 first of each year, the department shall make available the  application
 for  EQUAL  program  funds.  GRANTS MAY BE USED TO SUPPORT THE FOLLOWING
 PURPOSES:
   (I) TO IMPROVE THE QUALITY OF LIFE FOR ADULT CARE  FACILITY  RESIDENTS
 BY  FUNDING PROJECTS INCLUDING, BUT NOT LIMITED TO, CLOTHING ALLOWANCES,
 RESIDENT TRAINING TO SUPPORT INDEPENDENT LIVING SKILLS, IMPROVEMENTS  IN
 FOOD  QUALITY, OUTDOOR LEISURE PROJECTS, AND CULTURALLY RECREATIONAL AND
 OTHER LEISURE EVENTS; AND RESIDENT QUALITY OF  LIFE,  PURSUANT  TO  THIS
 SUBPARAGRAPH, AND

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   (II)  TO IMPROVE THE QUALITY OF LIFE FOR ADULT CARE FACILITY RESIDENTS
 BY FINANCING CAPITAL IMPROVEMENT PROJECTS THAT WILL ENHANCE THE PHYSICAL
 ENVIRONMENT OF THE FACILITY AND PROMOTE A HIGHER  QUALITY  OF  LIFE  FOR
 RESIDENTS. ANY CAPITAL RELATED EXPENSE GENERATED BY SUCH CAPITAL EXPEND-
 ITURE MUST RECEIVE APPROVAL BY THE DEPARTMENT OF HEALTH, PROVIDED HOWEV-
 ER, THAT SUCH EXPENDITURES SHALL NOT BE USED TO SUPPLANT THE OBLIGATIONS
 OF  THE FACILITY OPERATOR TO PROVIDE A SAFE, COMFORTABLE ENVIRONMENT FOR
 RESIDENTS IN A GOOD STATE OF REPAIR AND SANITATION.
   (B) ON OR BEFORE JUNE FIRST OF EACH YEAR, THE  DEPARTMENT  SHALL  MAKE
 AVAILABLE THE APPLICATION FOR EQUAL PROGRAM FUNDS TO ELIGIBLE ADULT CARE
 FACILITIES, AS SET FORTH IN THIS SECTION.
   3. Prior to applying for EQUAL program funds, a facility shall receive
 approval  of  its  expenditure  plan from the residents' council for the
 facility. The residents' council shall adopt a process to  identify  the
 priorities  of  the residents for the use of the program funds and docu-
 ment residents' top preferences by means that  may  include  a  vote  or
 survey.  The plan shall detail how program funds will be used to improve
 RESIDENT QUALITY OF LIFE, PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH  (A)
 OF SUBDIVISION ONE OF THIS SECTION, AND SUPPORT SUSTAINABLE ENHANCEMENTS
 TO  the physical environment of the facility [or the quality of care and
 services rendered to residents and may include, but not be  limited  to,
 staff training, air conditioning in residents' areas, clothing, improve-
 ments in food quality, furnishings, equipment, security, and maintenance
 or  repairs  to the facility] PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH
 (A) OF THIS SUBDIVISION. The facility's application  for  EQUAL  program
 funds  shall  include  a signed attestation from the president or chair-
 person of the residents' council or, in  the  absence  of  a  residents'
 council,  at  least  three  residents  of the facility, stating that the
 application reflects the priorities of the residents  of  the  facility.
 The  department  shall investigate reports of resident abuse and retali-
 ation related to program applications and expenditures.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART AA
 
   Section 1. Section 2807-bbb of the public health law is REPEALED.
   §  2.  Subdivision  10  of  section  2808  of the public health law is
 REPEALED.
   § 3. Subdivision 6 of section 3614 of the public health law, as  added
 by chapter 563 of the laws of 1991, is REPEALED.
   §  4.  Subdivision  4  of  section  4012  of  the public health law is
 REPEALED.
   § 5. Clause (B) of subparagraph (iii) of paragraph (e) of  subdivision
 one  of section twenty-eight hundred seven-c of the public health law is
 REPEALED.
   § 6. Article 27-G of the public health law is REPEALED.
   § 7. Section 95-e of the state finance law, as added by chapter 301 of
 the laws of 2004, subdivision 2 as amended by chapter 483 of the laws of
 2015, subdivision 2-a as added by section 27-i of part UU of chapter  54
 of the laws of 2016, is amended to read as follows:
   §  95-e.  The  New  York  state autism awareness and research fund. 1.
 There is hereby established in the joint custody of the commissioner  of
 taxation  and finance and the comptroller, a special fund to be known as
 the New York state autism awareness and research fund.

 S. 7506--B                         175                        A. 9506--B
 
   2. Such fund shall consist of all revenues received  pursuant  to  the
 provisions  of  section  four  hundred four-v of the vehicle and traffic
 law, as added by chapter three hundred one of the laws of  two  thousand
 four,  all revenues received pursuant to section six hundred thirty-d of
 the  tax law and all other moneys appropriated, credited, or transferred
 thereto from any other fund or source pursuant to law. Nothing contained
 in this section shall prevent the state from receiving grants, gifts  or
 bequests  for  the  purposes  of the fund as defined in this section and
 depositing them into the fund according to law.
   2-a. On or before the first day of February each year, the commission-
 er of [health] THE OFFICE FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES
 shall provide a written report to the temporary president of the senate,
 speaker of the assembly, chair of the senate finance committee, chair of
 the  assembly ways and means committee, chair of the senate committee on
 health, chair of the assembly health committee,  the  state  comptroller
 and  the  public.  Such  report shall include how the monies of the fund
 were utilized during the preceding calendar year, and shall include:
   (i) the amount of money disbursed from the fund and the award  process
 used for such disbursements;
   (ii) recipients of awards from the fund;
   (iii) the amount awarded to each;
   (iv) the purposes for which such awards were granted; and
   (v) a summary financial plan for such monies which shall include esti-
 mates of all receipts and all disbursements for the current and succeed-
 ing  fiscal  years,  along with the actual results from the prior fiscal
 year.
   3. (a) Monies of the fund shall be expended only for autism  awareness
 projects  or  autism  research  projects  approved by the [department of
 health] OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES  in  New  York
 state  provided,  however,  that no more than ten percent of monies from
 such fund shall be expended on the aggregate number of  autism  research
 projects approved in a fiscal year.
   (b)  As used in this section, the term "autism research project" means
 scientific research approved by the [department of  health]  OFFICE  FOR
 PEOPLE  WITH DEVELOPMENTAL DISABILITIES into the causes and/or treatment
 of autism, and the term  "autism  awareness  project"  means  a  project
 approved  by  the [department of health] OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES aimed toward educating the general public about  the
 causes, symptoms, and treatments of autism.
   4.  Monies  shall be payable from the fund on the audit and warrant of
 the comptroller on vouchers approved and certified by  the  commissioner
 of [health] THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   5.  To the extent practicable, the commissioner of [health] THE OFFICE
 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES shall ensure that all  monies
 received  during  a  fiscal  year  are expended prior to the end of that
 fiscal year.
   § 8. Article 27-J of the public health law is REPEALED.
   § 9. Title E of the mental hygiene law is  amended  by  adding  a  new
 article 30 to read as follows:
                                ARTICLE 30
              COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS
 SECTION 30.01 LEGISLATIVE FINDINGS.
         30.02 DEFINITIONS.
         30.03 COMPREHENSIVE  CARE  CENTERS  FOR EATING DISORDERS; ESTAB-
                 LISHED.
         30.04 QUALIFYING CRITERIA.

 S. 7506--B                         176                        A. 9506--B
 
         30.05 STATE IDENTIFICATION OF  COMPREHENSIVE  CARE  CENTERS  FOR
                 EATING DISORDERS; COMMISSIONER'S WRITTEN NOTICE.
         30.06 RESTRICTED USE OF TITLE.
 § 30.01 LEGISLATIVE FINDINGS.
   THE  LEGISLATURE  HEREBY  FINDS THAT EFFECTIVE DIAGNOSIS AND TREATMENT
 FOR CITIZENS STRUGGLING WITH EATING DISORDERS, A COMPLEX AND POTENTIALLY
 LIFE-THREATENING CONDITION, REQUIRES A  CONTINUUM  OF  INTERDISCIPLINARY
 PROVIDERS  AND  LEVELS  OF  CARE. SUCH EFFECTIVE DIAGNOSIS AND TREATMENT
 FURTHER REQUIRES THE COORDINATION AND  COMPREHENSIVE  MANAGEMENT  OF  AN
 INDIVIDUALIZED  PLAN OF CARE SPECIFICALLY ORIENTED TO THE DISTINCT NEEDS
 OF EACH INDIVIDUAL.
   THE LEGISLATURE FURTHER FINDS THAT, WHILE THERE  ARE  NUMEROUS  HEALTH
 CARE PROVIDERS IN THE STATE WITH EXPERTISE IN EATING DISORDER TREATMENT,
 THERE IS NO GENERALLY ACCESSIBLE, COMPREHENSIVE SYSTEM FOR RESPONDING TO
 THESE  DISORDERS. DUE TO THE LACK OF SUCH A SYSTEM THE LEGISLATURE FINDS
 THAT TREATMENT, INFORMATION/REFERRAL, PREVENTION AND RESEARCH ACTIVITIES
 ARE FRAGMENTED AND INCOMPLETE. IN ADDITION, DUE TO THE BROAD,  MULTIFAC-
 ETED  NEEDS OF INDIVIDUALS WITH EATING DISORDERS, INSURANCE PAYMENTS FOR
 THE NECESSARY PLAN OF CARE AND PROVIDERS IS USUALLY FRAGMENTED AS  WELL,
 LEAVING  CITIZENS WITH INSUFFICIENT COVERAGE FOR ESSENTIAL SERVICES AND,
 THEREFORE, AT RISK OF INCOMPLETE TREATMENT, RELAPSE,  DETERIORATION  AND
 POTENTIAL DEATH.
   THE LEGISLATURE THEREFORE DECLARES THAT THE STATE TAKE POSITIVE ACTION
 TO  FACILITATE  THE  DEVELOPMENT  AND  PUBLIC IDENTIFICATION OF PROVIDER
 NETWORKS AND CARE  CENTERS  OF  EXCELLENCE  TO  PROVIDE  A  COORDINATED,
 COMPREHENSIVE  SYSTEM FOR THE TREATMENT OF SUCH DISORDERS, AS WELL AS TO
 CONDUCT  COMMUNITY  EDUCATION,  PREVENTION,   INFORMATION/REFERRAL   AND
 RESEARCH ACTIVITIES. THE LEGISLATURE FURTHER DECLARES THAT HEALTH COVER-
 AGE  BY  INSURERS  AND  HEALTH  MAINTENANCE ORGANIZATIONS SHOULD INCLUDE
 COVERED SERVICES PROVIDED THROUGH SUCH CENTERS AND THAT, TO  THE  EXTENT
 POSSIBLE AND PRACTICABLE, HEALTH PLAN REIMBURSEMENT SHOULD BE STRUCTURED
 IN  A  MANNER  TO FACILITATE THE INDIVIDUALIZED, COMPREHENSIVE AND INTE-
 GRATED PLANS OF CARE WHICH SUCH CENTERS ARE REQUIRED TO PROVIDE.
 § 30.02 DEFINITIONS.
   FOR PURPOSES OF THIS ARTICLE:
   (A) "EATING DISORDER" IS DEFINED TO INCLUDE, BUT NOT  BE  LIMITED  TO,
 CONDITIONS  SUCH AS ANOREXIA NERVOSA, BULIMIA AND BINGE EATING DISORDER,
 IDENTIFIED AS SUCH  IN  THE  ICD-9-CM  INTERNATIONAL  CLASSIFICATION  OF
 DISEASE  OR  THE  MOST CURRENT EDITION OF THE DIAGNOSTIC AND STATISTICAL
 MANUAL OF MENTAL DISORDERS, OR OTHER MEDICAL AND MENTAL HEALTH  DIAGNOS-
 TIC  REFERENCES  GENERALLY  ACCEPTED FOR STANDARD USE BY THE MEDICAL AND
 MENTAL HEALTH FIELDS.
   (B) "COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS"  OR  "COMPREHEN-
 SIVE  CARE CENTERS" MEANS A PROVIDER-SPONSORED SYSTEM OF CARE, ORGANIZED
 BY EITHER CORPORATE AFFILIATION OR CLINICAL ASSOCIATION FOR  THE  COMMON
 PURPOSE  OF  PROVIDING A COORDINATED, INDIVIDUALIZED PLAN OF CARE FOR AN
 INDIVIDUAL WITH AN EATING DISORDER, ACROSS A CONTINUUM THAT INCLUDES ALL
 NECESSARY NON-INSTITUTIONAL, INSTITUTIONAL AND PRACTITIONER SERVICES AND
 TREATMENTS, FROM INITIAL PATIENT SCREENING AND EVALUATION, TO TREATMENT,
 FOLLOW-UP CARE AND SUPPORT.
 § 30.03 COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS; ESTABLISHED.
   THE COMMISSIONER  SHALL  PROVIDE  FOR  THE  PUBLIC  IDENTIFICATION  OF
 COMPREHENSIVE  CARE  CENTERS  FOR  PERSONS WITH EATING DISORDERS FOR THE
 PURPOSES OF:
   (A) PROMOTING THE OPERATION OF A CONTINUUM OF  COMPREHENSIVE,  COORDI-
 NATED CARE FOR PERSONS WITH EATING DISORDERS;

 S. 7506--B                         177                        A. 9506--B

   (B)  PROMOTING  READY  ACCESS  TO  INFORMATION, REFERRAL AND TREATMENT
 SERVICES  ON  EATING  DISORDERS  FOR  CONSUMERS,  HEALTH  PRACTITIONERS,
 PROVIDERS AND INSURERS, WITH ACCESS IN EVERY REGION OF THE STATE;
   (C)  PROMOTING  COMMUNITY EDUCATION, PREVENTION AND PATIENT ENTRY INTO
 CARE; AND
   (D) PROMOTING AND COORDINATING REGIONAL AND STATEWIDE RESEARCH EFFORTS
 INTO EFFECTIVE METHODS OF EDUCATION, PREVENTION AND TREATMENT, INCLUDING
 RESEARCH ON THE VARIOUS MODELS OF CARE.
 § 30.04 QUALIFYING CRITERIA.
   (A) IN ORDER TO QUALIFY FOR STATE IDENTIFICATION  AS  A  COMPREHENSIVE
 CARE  CENTER  FOR  EATING DISORDERS PURSUANT TO THIS ARTICLE, APPLICANTS
 MUST DEMONSTRATE TO THE COMMISSIONER'S SATISFACTION THAT, AT A MINIMUM:
   1. THE APPLICANT CAN PROVIDE A  CONTINUUM  OF  CARE  TAILORED  TO  THE
 SPECIALIZED  NEEDS  OF  INDIVIDUALS  WITH  EATING  DISORDERS,  WITH SUCH
 CONTINUUM INCLUDING AT LEAST THE FOLLOWING LEVELS OF CARE:
   (I) INDIVIDUAL HEALTH, PSYCHOSOCIAL AND CASE MANAGEMENT  SERVICES,  IN
 BOTH  NONINSTITUTIONAL  AND  INSTITUTIONAL  SETTINGS,  FROM LICENSED AND
 CERTIFIED PRACTITIONERS WITH DEMONSTRATED EXPERIENCE  AND  EXPERTISE  IN
 PROVIDING SERVICES TO INDIVIDUALS WITH EATING DISORDERS;
   (II) MEDICAL/SURGICAL, PSYCHIATRIC AND REHABILITATION CARE IN A GENER-
 AL  HOSPITAL  OR  A HOSPITAL LICENSED UNDER THIS CHAPTER; PROVIDED THAT,
 WHENEVER PRACTICABLE AND APPROPRIATE, THE SERVICE SETTING FOR  ANY  SUCH
 CARE  SHALL BE ORIENTED TO THE SPECIFIC NEEDS, TREATMENT AND RECOVERY OF
 PERSONS WITH EATING DISORDERS;
   (III) RESIDENTIAL CARE AND  SERVICES  IN  A  RESIDENTIAL  HEALTH  CARE
 FACILITY  LICENSED  UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW,
 OR A FACILITY LICENSED UNDER ARTICLE THIRTY-ONE OF  THIS  CHAPTER  WHICH
 WILL  PROVIDE A PROGRAM OF CARE AND SERVICE SETTING THAT IS SPECIFICALLY
 ORIENTED TO THE NEEDS OF INDIVIDUALS WITH EATING DISORDERS;
   2. THE CARE OF INDIVIDUALS WILL BE MANAGED  AND  COORDINATED  AT  EACH
 LEVEL AND THROUGHOUT THE CONTINUUM OF CARE;
   3.  THE  APPLICANT  IS ABLE TO CONDUCT ACTIVITIES FOR COMMUNITY EDUCA-
 TION, PREVENTION, INFORMATION/REFERRAL AND RESEARCH; AND
   4. THE APPLICANT MEETS SUCH ADDITIONAL CRITERIA AS ARE ESTABLISHED  BY
 THE COMMISSIONER.
   (B) ELIGIBLE APPLICANTS SHALL INCLUDE BUT ARE NOT LIMITED TO PROVIDERS
 LICENSED  UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR ARTICLE
 THIRTY-ONE OF THIS CHAPTER OR  HEALTH  OR  MENTAL  HEALTH  PRACTITIONERS
 LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW.
   (C) THE COMMISSIONER SHALL SEEK THE RECOMMENDATION OF THE COMMISSIONER
 OF  HEALTH  PRIOR  TO  IDENTIFYING  AN APPLICANT AS A COMPREHENSIVE CARE
 CENTER UNDER THIS ARTICLE.
 § 30.05 STATE IDENTIFICATION OF COMPREHENSIVE CARE  CENTERS  FOR  EATING
           DISORDERS; COMMISSIONER'S WRITTEN NOTICE.
   (A)  THE COMMISSIONER SHALL IDENTIFY A SUFFICIENT NUMBER OF COMPREHEN-
 SIVE CENTERS TO ENSURE ADEQUATE ACCESS TO SERVICES IN ALL REGIONS OF THE
 STATE, PROVIDED THAT, TO THE EXTENT  POSSIBLE,  THE  COMMISSIONER  SHALL
 IDENTIFY  SUCH  CARE  CENTERS  GEOGRAPHICALLY  DISPERSED  THROUGHOUT THE
 STATE, AND PROVIDED FURTHER, HOWEVER, THAT THE  COMMISSIONER  SHALL,  TO
 THE EXTENT POSSIBLE, INITIALLY IDENTIFY AT LEAST THREE SUCH CENTERS.
   (B)  THE  COMMISSIONER'S IDENTIFICATION OF A COMPREHENSIVE CARE CENTER
 FOR EATING DISORDERS UNDER THIS ARTICLE SHALL BE VALID FOR NOT MORE THAN
 A TWO YEAR PERIOD FROM THE DATE OF ISSUANCE. THE COMMISSIONER MAY  REIS-
 SUE  SUCH  IDENTIFICATIONS  FOR  SUBSEQUENT PERIODS OF UP TO FIVE YEARS,
 PROVIDED THAT THE COMPREHENSIVE CARE CENTER HAS NOTIFIED THE COMMISSION-
 ER OF ANY MATERIAL CHANGES  IN  STRUCTURE  OR  OPERATION  BASED  ON  ITS

 S. 7506--B                         178                        A. 9506--B
 
 ORIGINAL  APPLICATION,  OR  SINCE ITS LAST WRITTEN NOTICE BY THE COMMIS-
 SIONER, AND THAT THE COMMISSIONER IS SATISFIED THAT THE CENTER CONTINUES
 TO MEET THE CRITERIA REQUIRED PURSUANT TO THIS ARTICLE.
   (C)  THE  COMMISSIONER MAY SUSPEND OR REVOKE HIS OR HER WRITTEN NOTICE
 UPON A DETERMINATION THAT THE COMPREHENSIVE CARE CENTER HAS NOT MET,  OR
 WOULD  NOT BE ABLE TO MEET, THE CRITERIA REQUIRED PURSUANT TO THIS ARTI-
 CLE, PROVIDED, HOWEVER THAT THE COMMISSIONER SHALL AFFORD SUCH CENTER AN
 OPPORTUNITY FOR A HEARING, IN ACCORDANCE SECTION 31.17 OF THIS  CHAPTER,
 TO  REVIEW THE CIRCUMSTANCES OF AND GROUNDS FOR SUCH SUSPENSION OR REVO-
 CATION AND TO APPEAL SUCH DETERMINATION.
 § 30.06 RESTRICTED USE OF TITLE.
   NO PERSON OR ENTITY SHALL CLAIM,  ADVERTISE  OR  IMPLY  TO  CONSUMERS,
 HEALTH  PLANS OR OTHER HEALTH CARE PROVIDERS THAT SUCH PROVIDER OR PRAC-
 TITIONER IS A STATE-IDENTIFIED  COMPREHENSIVE  CARE  CENTER  FOR  EATING
 DISORDERS UNLESS IT IS QUALIFIED PURSUANT TO SECTION 30.04 OF THIS ARTI-
 CLE.
   §  10. Section 31.25 of the mental hygiene law, as added by chapter 24
 of the laws of 2008, is amended to read as follows:
 § 31.25 Residential services for treatment of eating disorders.
   The commissioner shall establish,  pursuant  to  regulation,  licensed
 residential  providers  of treatment and/or supportive services to chil-
 dren, adolescents, and adults with eating disorders,  as  that  term  is
 defined  in  section  [twenty-seven  hundred ninety-nine-e of the public
 health law] 30.02 OF THIS TITLE. Such regulations shall be developed  in
 consultation  with  representatives  from each of the comprehensive care
 centers  for  eating   disorders   established   pursuant   to   article
 [twenty-seven-J  of  the  public  health law] THIRTY OF THIS CHAPTER and
 licensed treatment professionals,  such  as  physicians,  psychiatrists,
 psychologists  and  therapists,  with demonstrated expertise in treating
 patients with eating disorders.
   § 11. Paragraph 14 of subsection (k) of section 3221 of the  insurance
 law,  as added by chapter 114 of the laws of 2004, is amended to read as
 follows:
   (14) No group or blanket policy delivered or issued  for  delivery  in
 this  state  which provides medical, major medical or similar comprehen-
 sive-type coverage shall exclude coverage  for  services  covered  under
 such  policy  when  provided  by  a comprehensive care center for eating
 disorders pursuant to article  [twenty-seven-J  of  the  public  health]
 THIRTY  OF THE MENTAL HYGIENE law; provided, however, that reimbursement
 under such policy for services provided through such comprehensive  care
 centers  shall, to the extent possible and practicable, be structured in
 a manner to facilitate the individualized, comprehensive and  integrated
 plans of care which such centers' network of practitioners and providers
 are required to provide.
   §  12.  Subsection (dd) of section 4303 of the insurance law, as added
 by chapter 114 of the laws of 2004, is amended to read as follows:
   (dd) No health service corporation or medical service  expense  indem-
 nity  corporation  which  provides  medical,  major  medical  or similar
 comprehensive-type coverage shall exclude coverage for services  covered
 under  such  policy  when  provided  by  a comprehensive care center for
 eating disorders pursuant  to  article  [twenty-seven-J  of  the  public
 health]  THIRTY  OF  THE  MENTAL  HYGIENE  law;  provided, however, that
 reimbursement by such corporation for  services  provided  through  such
 comprehensive  care  centers shall, to the extent possible and practica-
 ble, be structured in a manner to facilitate the individualized, compre-

 S. 7506--B                         179                        A. 9506--B
 
 hensive and integrated plans of care  which  such  centers'  network  of
 practitioners and providers are required to provide.
   §  13. Paragraph 27 of subsection (b) of section 4322 of the insurance
 law, as added by chapter 114 of the laws of 2004, is amended to read  as
 follows:
   (27)  Services covered under such policy when provided by a comprehen-
 sive care center for eating disorders pursuant to  article  [twenty-sev-
 en-J  of  the public health] THIRTY OF THE MENTAL HYGIENE law; provided,
 however, that reimbursement under  such  policy  for  services  provided
 through  such  comprehensive  care centers shall, to the extent possible
 and practicable, be structured in a manner to facilitate the individual-
 ized, comprehensive and integrated plans of  care  which  such  centers'
 network of practitioners and providers are required to provide.
   § 14. Subdivision 1 of section 154 of the labor law, as added by chap-
 ter 675 of the laws of 2007, is amended to read as follows:
   1.  The  commissioner, in consultation with the commissioner of health
 and the commissioner of mental health, shall establish a child performer
 advisory board for  the  purpose  of  recommending  guidelines  for  the
 employment  of child performers and models under the age of eighteen and
 preventing eating disorders such as anorexia nervosa and bulimia nervosa
 amongst such persons. The advisory  board  shall  consist  of  at  least
 sixteen  but  no more than twenty members appointed by the commissioner,
 and shall include:  representatives  of  professional  organizations  or
 unions  representing  child performers or models; employers representing
 child performers or models; physicians, nutritionists and mental  health
 professionals  with  demonstrated  expertise  in  treating patients with
 eating disorders; at least one representative from each of  the  compre-
 hensive  care centers for eating disorders established pursuant to arti-
 cle [twenty-seven-J of the public health] THIRTY OF THE  MENTAL  HYGIENE
 law;  advocacy  organizations working to prevent and treat eating disor-
 ders; and other members deemed necessary by the commissioner.  In  addi-
 tion,  the commissioner of health and the commissioner of mental health,
 or their designees, shall serve on the advisory board.  The  members  of
 the  advisory board shall receive no compensation for their services but
 shall be reimbursed their actual and necessary expenses incurred in  the
 performance of their duties.
   §  15.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART BB
 
   Section 1. Section 9 of part R of chapter 59  of  the  laws  of  2016,
 amending  the  public  health  law and other laws relating to electronic
 prescriptions, is amended to read as follows:
   § 9. This act shall take effect immediately;  provided  however,  that
 sections  one and two of this act shall take effect on the first of June
 next succeeding the date on which it shall have become a law  and  shall
 expire  and  be  deemed  repealed [four years after such effective date]
 JUNE 1, 2023.
   § 2. Section 4 of chapter 19 of the laws of 1998, amending the  social
 services law relating to limiting the method of payment for prescription
 drugs  under the medical assistance program, as amended by section 11 of
 part I of chapter 57 of the laws of 2017, is amended to read as follows:
   § 4. This act shall take effect 120 days after it shall have become  a
 law and shall expire and be deemed repealed March 31, [2020] 2023.

 S. 7506--B                         180                        A. 9506--B
 
   §  3.  Paragraph (e-1) of subdivision 12 of section 2808 of the public
 health law, as amended by section 12 of part I of chapter 57 of the laws
 of 2017, is amended to read as follows:
   (e-1) Notwithstanding any inconsistent provision of law or regulation,
 the  commissioner  shall  provide,  in  addition to payments established
 pursuant to this article prior to application  of  this  section,  addi-
 tional  payments  under the medical assistance program pursuant to title
 eleven of article five of the social services law for non-state operated
 public residential health care facilities, including public  residential
 health  care  facilities  located in the county of Nassau, the county of
 Westchester and the county of Erie,  but  excluding  public  residential
 health  care  facilities  operated by a town or city within a county, in
 aggregate annual amounts of up to one hundred fifty million  dollars  in
 additional payments for the state fiscal year beginning April first, two
 thousand  six  and  for the state fiscal year beginning April first, two
 thousand seven and for the state fiscal year beginning April first,  two
 thousand eight and of up to three hundred million dollars in such aggre-
 gate  annual  additional  payments  for  the state fiscal year beginning
 April first, two thousand nine, and for the state fiscal year  beginning
 April  first,  two  thousand ten and for the state fiscal year beginning
 April first, two thousand eleven, and for the state fiscal years  begin-
 ning  April  first,  two  thousand  twelve and April first, two thousand
 thirteen, and of up to five hundred million dollars  in  such  aggregate
 annual  additional  payments  for the state fiscal years beginning April
 first, two thousand fourteen, April  first,  two  thousand  fifteen  and
 April  first,  two  thousand  sixteen  and of up to five hundred million
 dollars in such aggregate  annual  additional  payments  for  the  state
 fiscal years beginning April first, two thousand seventeen, April first,
 two thousand eighteen, and April first, two thousand nineteen, AND OF UP
 TO  FIVE  HUNDRED  MILLION  DOLLARS  IN SUCH AGGREGATE ANNUAL ADDITIONAL
 PAYMENTS FOR THE STATE FISCAL YEARS BEGINNING APRIL FIRST, TWO  THOUSAND
 TWENTY, APRIL FIRST, TWO THOUSAND TWENTY-ONE, AND APRIL FIRST, TWO THOU-
 SAND  TWENTY-TWO.  The amount allocated to each eligible public residen-
 tial health care facility for this period shall be computed  in  accord-
 ance with the provisions of paragraph (f) of this subdivision, provided,
 however,  that  patient  days  shall  be  utilized  for such computation
 reflecting actual reported data for two thousand three and  each  repre-
 sentative  succeeding year as applicable, and provided further, however,
 that, in consultation with impacted providers, of  the  funds  allocated
 for  distribution  in  the  state fiscal year beginning April first, two
 thousand thirteen, up to thirty-two million dollars may be allocated  in
 accordance with paragraph (f-1) of this subdivision.
   §  4.  Section  18  of  chapter  904 of the laws of 1984, amending the
 public health law and the social services law  relating  to  encouraging
 comprehensive  health  services,  as  amended by section 13 of part I of
 chapter 57 of the laws of 2017, is amended to read as follows:
   § 18. This act shall take effect  immediately,  except  that  sections
 six,  nine, ten and eleven of this act shall take effect on the sixtieth
 day after it shall have become a law, sections two, three, four and nine
 of this act shall expire and be of no further  force  or  effect  on  or
 after  March  31, [2020] 2023, section two of this act shall take effect
 on April 1, 1985 or seventy-five days following the  submission  of  the
 report  required  by  section  one  of this act, whichever is later, and
 sections eleven and thirteen of this act  shall  expire  and  be  of  no
 further force or effect on or after March 31, 1988.

 S. 7506--B                         181                        A. 9506--B
 
   §  5. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
 the public health law relating to allowing for the use of funds  of  the
 office  of  professional  medical  conduct for activities of the patient
 health information and quality improvement act of 2000,  as  amended  by
 section  14  of  part I of chapter 57 of the laws of 2017, is amended to
 read as follows:
   § 4. This  act  shall  take  effect  immediately;  provided  that  the
 provisions  of  section  one of this act shall be deemed to have been in
 full force and effect on and after April 1, 2003, and shall expire March
 31, [2020] 2023 when upon such date the provisions of such section shall
 be deemed repealed.
   § 6. Subdivision (o) of section 111 of part H of  chapter  59  of  the
 laws  of  2011, amending the public health law relating to the statewide
 health information network of New York and the  statewide  planning  and
 research cooperative system and general powers and duties, as amended by
 section  15  of  part I of chapter 57 of the laws of 2017, is amended to
 read as follows:
   (o) sections thirty-eight and thirty-eight-a of this act shall  expire
 and be deemed repealed March 31, [2020] 2023;
   §  7. Section 32 of part A of chapter 58 of the laws of 2008, amending
 the elder law and other laws relating to reimbursement to  participating
 provider  pharmacies  and  prescription  drug  coverage,  as  amended by
 section 16 of part I of chapter 57 of the laws of 2017,  is  amended  to
 read as follows:
   §  32.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2008;  provided
 however,  that  sections  one, six-a, nineteen, twenty, twenty-four, and
 twenty-five of this act shall take effect July 1, 2008; provided however
 that sections sixteen, seventeen and eighteen of this act  shall  expire
 April  1,  [2020]  2023;  provided, however, that the amendments made by
 section twenty-eight of this act shall take effect on the same  date  as
 section  1  of  chapter  281  of the laws of 2007 takes effect; provided
 further, that sections twenty-nine, thirty, and thirty-one of  this  act
 shall  take effect October 1, 2008; provided further, that section twen-
 ty-seven of this act shall take effect January  1,  2009;  and  provided
 further,  that  section  twenty-seven  of  this  act shall expire and be
 deemed repealed March 31, [2020] 2023; and provided,  further,  however,
 that the amendments to subdivision 1 of section 241 of the education law
 made  by section twenty-nine of this act shall not affect the expiration
 of such subdivision and shall be deemed to expire therewith and provided
 that the amendments to section 272 of the  public  health  law  made  by
 section  thirty  of this act shall not affect the repeal of such section
 and shall be deemed repealed therewith.
   § 8. Subdivision 3 of section 2999-p of  the  public  health  law,  as
 amended  by  section  17 of part I of chapter 57 of the laws of 2017, is
 amended to read as follows:
   3. The commissioner may issue a certificate of authority to an  entity
 that  meets conditions for ACO certification as set forth in regulations
 made by the commissioner pursuant to section twenty-nine  hundred  nine-
 ty-nine-q  of  this  article.  The  commissioner shall not issue any new
 certificate under this article after December thirty-first, two thousand
 [twenty] TWENTY-FOUR.
   § 9. Subdivision (a) of section 31 of part B of chapter 59 of the laws
 of 2016, amending the social services law and  other  laws  relating  to
 authorizing  the  commissioner  of health to apply federally established
 consumer price index penalties for generic drugs,  and  authorizing  the

 S. 7506--B                         182                        A. 9506--B

 commissioner  of  health  to  impose penalties on managed care plans for
 reporting late or incorrect encounter data, as amended by section  1  of
 part T of chapter 57 of the laws of 2018, is amended to read as follows:
   (a)  section  eleven  of  this act shall expire and be deemed repealed
 March 31, [2020] 2022;
   § 10. Subdivision 1-a of section 60 of part B of  chapter  57  of  the
 laws  of  2015, amending the social services law and other laws relating
 to supplemental rebates, as added by section 5-b of part T of chapter 57
 of the laws of 2018, is amended to read as follows:
   1-a. section fifty-two of this act shall expire and be deemed repealed
 March 31, [2020] 2025;
   § 11. Section 7 of part H of chapter 57 of the laws of 2019,  amending
 the  public  health  law  relating  to waiver of certain regulations, is
 amended to read as follows:
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2019, provided,
 however,  that  section  two of this act shall expire on April 1, [2020]
 2021.
   § 12. Section 228 of chapter 474 of the laws  of  1996,  amending  the
 education  law  and  other laws relating to rates for residential health
 care facilities, as amended by chapter  49  of  the  laws  of  2017,  is
 amended to read as follows:
   §  228.  1.  Definitions.  (a)  Regions, for purposes of this section,
 shall mean a downstate region to consist of Kings, New  York,  Richmond,
 Queens,  Bronx,  Nassau  and  Suffolk  counties and an upstate region to
 consist of all other New York state counties. A  certified  home  health
 agency  or  long  term  home health care program shall be located in the
 same county utilized by the commissioner of health for the establishment
 of rates pursuant to article 36 of the public health law.
   (b) Certified home health  agency  (CHHA)  shall  mean  such  term  as
 defined in section 3602 of the public health law.
   (c)  Long  term home health care program (LTHHCP) shall mean such term
 as defined in subdivision 8 of section 3602 of the public health law.
   (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
 ly, located within a region.
   (e) Medicaid revenue percentage, for purposes of this  section,  shall
 mean  CHHA  and  LTHHCP  revenues  attributable  to services provided to
 persons eligible for payments pursuant to title 11 of article 5  of  the
 social services law divided by such revenues plus CHHA and LTHHCP reven-
 ues attributable to services provided to beneficiaries of Title XVIII of
 the federal social security act (medicare).
   (f)  Base  period,  for  purposes of this section, shall mean calendar
 year 1995.
   (g) Target period. For purposes of this section, the 1996 target peri-
 od shall mean August 1, 1996 through March 31,  1997,  the  1997  target
 period  shall  mean  January 1, 1997 through November 30, 1997, the 1998
 target period shall mean January 1, 1998 through November 30, 1998,  the
 1999 target period shall mean January 1, 1999 through November 30, 1999,
 the  2000  target period shall mean January 1, 2000 through November 30,
 2000, the 2001 target period shall mean January 1, 2001 through November
 30, 2001, the 2002 target period shall  mean  January  1,  2002  through
 November  30,  2002,  the  2003 target period shall mean January 1, 2003
 through November 30, 2003, the 2004 target period shall mean January  1,
 2004  through  November  30, 2004, and the 2005 target period shall mean
 January 1, 2005 through November 30, 2005, the 2006 target period  shall
 mean  January  1,  2006  through  November 30, 2006, and the 2007 target

 S. 7506--B                         183                        A. 9506--B
 
 period shall mean January 1, 2007 through November 30, 2007 and the 2008
 target period shall mean January 1, 2008 through November 30, 2008,  and
 the  2009  target period shall mean January 1, 2009 through November 30,
 2009  and  the  2010  target  period  shall mean January 1, 2010 through
 November 30, 2010 and the 2011 target period shall mean January 1,  2011
 through  November 30, 2011 and the 2012 target period shall mean January
 1, 2012 through November 30, 2012 and the 2013 target period shall  mean
 January  1,  2013  through November 30, 2013, and the 2014 target period
 shall mean January 1, 2014 through November 30, 2014 and the 2015 target
 period shall mean January 1, 2015 through November 30, 2015 and the 2016
 target period shall mean January 1, 2016 through November 30,  2016  and
 the  2017  target period shall mean January 1, 2017 through November 30,
 2017 and the 2018 target period  shall  mean  January  1,  2018  through
 November  30, 2018 and the 2019 target period shall mean January 1, 2019
 through November 30, 2019 and the 2020 target period shall mean  January
 1, 2020 through November 30, 2020, AND THE 2021 TARGET PERIOD SHALL MEAN
 JANUARY  1,  2021  THROUGH  NOVEMBER 30, 2021 AND THE 2022 TARGET PERIOD
 SHALL MEAN JANUARY 1, 2022 THROUGH NOVEMBER 30, 2022 AND THE 2023 TARGET
 PERIOD SHALL MEAN JANUARY 1, 2023 THROUGH NOVEMBER 30, 2023.
   2. (a) Prior to February 1, 1997, for each regional group the  commis-
 sioner  of  health shall calculate the 1996 medicaid revenue percentages
 for the period commencing August 1, 1996 to the last date for which such
 data is available and reasonably accurate.
   (b) Prior to February 1, 1998, prior to February  1,  1999,  prior  to
 February  1, 2000, prior to February 1, 2001, prior to February 1, 2002,
 prior to February 1, 2003, prior to February 1, 2004, prior to  February
 1,  2005, prior to February 1, 2006, prior to February 1, 2007, prior to
 February 1, 2008, prior to February 1, 2009, prior to February 1,  2010,
 prior  to February 1, 2011, prior to February 1, 2012, prior to February
 1, 2013, prior to February 1, 2014, prior to February 1, 2015, prior  to
 February  1, 2016, prior to February 1, 2017, prior to February 1, 2018,
 prior to February 1, 2019, [and] prior to February  1,  2020,  PRIOR  TO
 FEBRUARY  1,  2021,  PRIOR TO FEBRUARY 1, 2022, AND PRIOR TO FEBRUARY 1,
 2023 for each regional group the commissioner of health shall  calculate
 the  prior year's medicaid revenue percentages for the period commencing
 January 1 through November 30 of such prior year.
   3. By September 15, 1996, for each regional group the commissioner  of
 health shall calculate the base period medicaid revenue percentage.
   4.  (a)  For  each  regional  group,  the 1996 target medicaid revenue
 percentage shall be calculated by subtracting the 1996 medicaid  revenue
 reduction percentages from the base period medicaid revenue percentages.
 The  1996  medicaid  revenue  reduction  percentage, taking into account
 regional and program differences in utilization of medicaid and medicare
 services, for the following regional groups shall be equal to:
   (i) one and one-tenth percentage points for CHHAs located  within  the
 downstate region;
   (ii)  six-tenths  of one percentage point for CHHAs located within the
 upstate region;
   (iii) one and eight-tenths percentage points for LTHHCPs located with-
 in the downstate region; and
   (iv) one and seven-tenths percentage points for LTHHCPs located within
 the upstate region.
   (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
 2008,  2009,  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019
 [and], 2020, 2021, 2022 AND 2023 for each  regional  group,  the  target
 medicaid  revenue percentage for the respective year shall be calculated

 S. 7506--B                         184                        A. 9506--B
 
 by subtracting the respective year's medicaid revenue reduction percent-
 age from the base  period  medicaid  revenue  percentage.  The  medicaid
 revenue  reduction  percentages  for 1997, 1998, 2000, 2001, 2002, 2003,
 2004,  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,
 2016, 2017, 2018, 2019 [and], 2020, 2021, 2022  AND  2023,  taking  into
 account  regional and program differences in utilization of medicaid and
 medicare services, for the following regional groups shall be  equal  to
 for each such year:
   (i)  one  and one-tenth percentage points for CHHAs located within the
 downstate region;
   (ii) six-tenths of one percentage point for CHHAs located  within  the
 upstate region;
   (iii) one and eight-tenths percentage points for LTHHCPs located with-
 in the downstate region; and
   (iv) one and seven-tenths percentage points for LTHHCPs located within
 the upstate region.
   (c) For each regional group, the 1999 target medicaid revenue percent-
 age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
 reduction percentage from the base period medicaid  revenue  percentage.
 The  1999  medicaid  revenue  reduction percentages, taking into account
 regional and program differences in utilization of medicaid and medicare
 services, for the following regional groups shall be equal to:
   (i) eight hundred twenty-five thousandths  (.825)  of  one  percentage
 point for CHHAs located within the downstate region;
   (ii)  forty-five  hundredths  (.45)  of one percentage point for CHHAs
 located within the upstate region;
   (iii) one and thirty-five  hundredths  percentage  points  (1.35)  for
 LTHHCPs located within the downstate region; and
   (iv)  one  and  two hundred seventy-five thousandths percentage points
 (1.275) for LTHHCPs located within the upstate region.
   5. (a) For each regional group, if the 1996 medicaid revenue  percent-
 age  is  not  equal  to  or  less  than the 1996 target medicaid revenue
 percentage, the commissioner of health shall compare the  1996  medicaid
 revenue  percentage  to  the  1996 target medicaid revenue percentage to
 determine the amount of the shortfall which, when divided  by  the  1996
 medicaid   revenue  reduction  percentage,  shall  be  called  the  1996
 reduction factor. These amounts, expressed as a  percentage,  shall  not
 exceed  one  hundred percent. If the 1996 medicaid revenue percentage is
 equal to or less than the 1996 target medicaid revenue  percentage,  the
 1996 reduction factor shall be zero.
   (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,  2017,  2018
 [and],  2019, 2020, 2021, 2022 AND 2023, for each regional group, if the
 medicaid revenue percentage for the respective year is not equal  to  or
 less  than  the  target  medicaid revenue percentage for such respective
 year, the commissioner of health shall compare  such  respective  year's
 medicaid  revenue  percentage  to such respective year's target medicaid
 revenue percentage to determine the amount of the shortfall which,  when
 divided  by the respective year's medicaid revenue reduction percentage,
 shall be called the reduction factor for  such  respective  year.  These
 amounts,  expressed  as  a  percentage,  shall  not  exceed  one hundred
 percent. If the medicaid revenue percentage for  a  particular  year  is
 equal  to  or  less than the target medicaid revenue percentage for that
 year, the reduction factor for that year shall be zero.

 S. 7506--B                         185                        A. 9506--B
 
   6. (a) For each regional group, the 1996  reduction  factor  shall  be
 multiplied  by  the following amounts to determine each regional group's
 applicable 1996 state share reduction amount:
   (i) two million three hundred ninety thousand dollars ($2,390,000) for
 CHHAs located within the downstate region;
   (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
 within the upstate region;
   (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
 for LTHHCPs located within the downstate region; and
   (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
 located within the upstate region.
   For  each regional group reduction, if the 1996 reduction factor shall
 be zero, there shall be no 1996 state share reduction amount.
   (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
 2008,  2009,  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019
 [and], 2020, 2021, 2022 AND 2023, for each regional group, the reduction
 factor for the respective year shall  be  multiplied  by  the  following
 amounts  to  determine  each  regional  group's  applicable  state share
 reduction amount for such respective year:
   (i) two million three hundred ninety thousand dollars ($2,390,000) for
 CHHAs located within the downstate region;
   (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
 within the upstate region;
   (iii) one million two hundred seventy  thousand  dollars  ($1,270,000)
 for LTHHCPs located within the downstate region; and
   (iv)  five  hundred  ninety  thousand  dollars  ($590,000) for LTHHCPs
 located within the upstate region.
   For each regional group reduction,  if  the  reduction  factor  for  a
 particular  year  shall be zero, there shall be no state share reduction
 amount for such year.
   (c) For each regional group, the 1999 reduction factor shall be multi-
 plied by the following amounts to determine each regional group's appli-
 cable 1999 state share reduction amount:
   (i) one million seven hundred ninety-two thousand five hundred dollars
 ($1,792,500) for CHHAs located within the downstate region;
   (ii) five hundred sixty-two thousand five hundred  dollars  ($562,500)
 for CHHAs located within the upstate region;
   (iii)  nine hundred fifty-two thousand five hundred dollars ($952,500)
 for LTHHCPs located within the downstate region; and
   (iv) four hundred forty-two thousand five hundred  dollars  ($442,500)
 for LTHHCPs located within the upstate region.
   For  each regional group reduction, if the 1999 reduction factor shall
 be zero, there shall be no 1999 state share reduction amount.
   7. (a) For each regional group, the 1996 state share reduction  amount
 shall be allocated by the commissioner of health among CHHAs and LTHHCPs
 on  the  basis  of  the  extent  of  each CHHA's and LTHHCP's failure to
 achieve the 1996 target medicaid revenue  percentage,  calculated  on  a
 provider  specific  basis utilizing revenues for this purpose, expressed
 as a proportion of the total of each  CHHA's  and  LTHHCP's  failure  to
 achieve  the 1996 target medicaid revenue percentage within the applica-
 ble regional group. This proportion shall be multiplied by the  applica-
 ble  1996 state share reduction amount calculation pursuant to paragraph
 (a) of subdivision 6 of this section. This amount shall  be  called  the
 1996 provider specific state share reduction amount.
   (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,

 S. 7506--B                         186                        A. 9506--B
 
 2019 [and], 2020, 2021, 2022 AND 2023 for each regional group, the state
 share reduction amount for the respective year shall be allocated by the
 commissioner  of  health  among  CHHAs  and  LTHHCPs on the basis of the
 extent  of  each CHHA's and LTHHCP's failure to achieve the target medi-
 caid revenue percentage for the applicable year, calculated on a provid-
 er specific basis utilizing revenues for this purpose,  expressed  as  a
 proportion  of  the total of each CHHA's and LTHHCP's failure to achieve
 the target medicaid revenue percentage for the  applicable  year  within
 the  applicable  regional  group. This proportion shall be multiplied by
 the applicable year's state share reduction amount calculation  pursuant
 to  paragraph  (b)  or (c) of subdivision 6 of this section. This amount
 shall be called the provider specific state share reduction  amount  for
 the applicable year.
   8.  (a)  The 1996 provider specific state share reduction amount shall
 be due to the state from each CHHA and LTHHCP and may be recouped by the
 state by March 31, 1997 in a lump sum amount or  amounts  from  payments
 due  to  the  CHHA  and  LTHHCP pursuant to title 11 of article 5 of the
 social services law.
   (b) The provider specific state share reduction amount for 1997, 1998,
 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
 2011,  2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 2021,
 2022 AND 2023 respectively, shall be due to the state from each CHHA and
 LTHHCP and each year the amount due for such year may be recouped by the
 state by March 31 of the following year in a lump sum amount or  amounts
 from payments due to the CHHA and LTHHCP pursuant to title 11 of article
 5 of the social services law.
   9.  CHHAs  and  LTHHCPs shall submit such data and information at such
 times as the commissioner of health may require  for  purposes  of  this
 section.  The  commissioner of health may use data available from third-
 party payors.
   10. On or about June 1, 1997, for each regional group the commissioner
 of health shall calculate for the period August 1,  1996  through  March
 31,  1997  a  medicaid  revenue  percentage, a reduction factor, a state
 share reduction amount, and a provider specific  state  share  reduction
 amount  in  accordance with the methodology provided in paragraph (a) of
 subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
 sion 6 and paragraph (a) of subdivision 7 of this section. The  provider
 specific state share reduction amount calculated in accordance with this
 subdivision  shall be compared to the 1996 provider specific state share
 reduction amount calculated in accordance with paragraph (a) of subdivi-
 sion 7 of this section. Any amount in excess of the amount determined in
 accordance with paragraph (a) of subdivision 7 of this section shall  be
 due  to  the  state  from  each  CHHA  and LTHHCP and may be recouped in
 accordance with paragraph (a) of subdivision 8 of this section.  If  the
 amount  is  less than the amount determined in accordance with paragraph
 (a) of subdivision 7 of this section, the difference shall  be  refunded
 to  the  CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
 and LTHHCPs shall submit data for the  period  August  1,  1996  through
 March 31, 1997 to the commissioner of health by April 15, 1997.
   11.  If  a  CHHA  or  LTHHCP  fails  to submit data and information as
 required for purposes of this section:
   (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
 caid revenue percentage between  the  applicable  base  period  and  the
 applicable  target  period  for purposes of the calculations pursuant to
 this section; and

 S. 7506--B                         187                        A. 9506--B
 
   (b) the commissioner of health shall reduce the current rate  paid  to
 such  CHHA  and  such  LTHHCP by state governmental agencies pursuant to
 article 36 of the public health law by one percent for a  period  begin-
 ning on the first day of the calendar month following the applicable due
 date  as  established by the commissioner of health and continuing until
 the last day of the calendar month in which the required data and infor-
 mation are submitted.
   12. The commissioner of health shall inform in writing the director of
 the budget and the chair of the senate finance committee and  the  chair
 of  the  assembly  ways and means committee of the results of the calcu-
 lations pursuant to this section.
   § 13. Paragraph (f) of subdivision 1 of section 64 of  chapter  81  of
 the laws of 1995, amending the public health law and other laws relating
 to medical reimbursement and welfare reform, as amended by chapter 49 of
 the laws of 2017, is amended to read as follows:
   (f)  Prior  to  February  1, 2001, February 1, 2002, February 1, 2003,
 February 1, 2004, February 1, 2005, February 1, 2006, February 1,  2007,
 February  1, 2008, February 1, 2009, February 1, 2010, February 1, 2011,
 February 1, 2012, February 1, 2013, February 1, 2014, February 1,  2015,
 February  1,  2016, February 1, 2017, February 1, 2018, February 1, 2019
 [and], February 1, 2020, FEBRUARY 1, 2021, FEBRUARY 1, 2022 AND FEBRUARY
 1, 2023, the commissioner of health shall calculate the  result  of  the
 statewide  total  of  residential  health  care  facility  days  of care
 provided to beneficiaries of title XVIII of the federal social  security
 act  (medicare),  divided  by  the sum of such days of care plus days of
 care provided to residents eligible for payments pursuant to title 11 of
 article 5 of the social services law minus the number of  days  provided
 to  residents receiving hospice care, expressed as a percentage, for the
 period commencing January 1, through November  30,  of  the  prior  year
 respectively,  based  on  such data for such period. This value shall be
 called the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,  2009,
 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019 [and], 2020,
 2021, 2022 AND 2023 statewide target percentage respectively.
   §  14.  Subparagraph (ii) of paragraph (b) of subdivision 3 of section
 64 of chapter 81 of the laws of 1995, amending the public health law and
 other laws relating to medical  reimbursement  and  welfare  reform,  as
 amended  by  chapter  49  of  the  laws  of  2017, is amended to read as
 follows:
   (ii) If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,  2006,
 2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
 2019 [and], 2020, 2021, 2022 AND 2023 statewide target  percentages  are
 not  for  each  year  at  least  three percentage points higher than the
 statewide base percentage, the commissioner of  health  shall  determine
 the percentage by which the statewide target percentage for each year is
 not  at  least  three  percentage  points higher than the statewide base
 percentage. The percentage calculated pursuant to this  paragraph  shall
 be  called  the  1997,  1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006,
 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,
 2019  [and],  2020,  2021,  2022 AND 2023 statewide reduction percentage
 respectively. If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,
 2006,  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,
 2018, 2019 [and], 2020, 2021, 2022 AND 2023 statewide target  percentage
 for  the respective year is at least three percentage points higher than
 the statewide base percentage, the statewide  reduction  percentage  for
 the respective year shall be zero.

 S. 7506--B                         188                        A. 9506--B
 
   §  15. Subparagraph (iii) of paragraph (b) of subdivision 4 of section
 64 of chapter 81 of the laws of 1995, amending the public health law and
 other laws relating to medical  reimbursement  and  welfare  reform,  as
 amended  by  chapter  49  of  the  laws  of  2017, is amended to read as
 follows:
   (iii)  The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019  [and],
 2020, 2021, 2022 AND 2023 statewide reduction percentage shall be multi-
 plied  by  one hundred two million dollars respectively to determine the
 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
 2011,  2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 2021,
 2022 AND 2023 statewide aggregate reduction amount. If the 1998 and  the
 2000,  2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020,  2021,  2022
 AND  2023  statewide  reduction  percentage  shall be zero respectively,
 there shall be no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006,  2007,
 2008,  2009,  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019
 [and] 2020, 2021, 2022 AND 2023 reduction amount.
   § 16. Subdivision (i-1) of section 79 of part C of chapter 58  of  the
 laws of 2008, amending the social services law and the public health law
 relating  to adjustments of rates, as amended by section 5 of chapter 49
 of the laws of 2017, is amended to read as follows:
   (i-1) section thirty-one-a of this act shall be deemed  repealed  July
 1, [2020] 2023;
   §  17.  Section  4  of  chapter  495 of the laws of 2004, amending the
 insurance law and the public health law relating to the New  York  state
 health  insurance  continuation  assistance  demonstration  project,  as
 amended by section 1 of part FF of chapter 57 of the laws  of  2019,  is
 amended to read as follows:
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that  this  act  shall  remain  in
 effect  until  July 1, [2020] 2021 when upon such date the provisions of
 this act shall expire and be deemed repealed; provided, further, that  a
 displaced  worker shall be eligible for continuation assistance retroac-
 tive to July 1, 2004.
   § 18. Section 8 of chapter 563 of  the  laws  of  2008,  amending  the
 education law and the public health law relating to immunizing agents to
 be  administered  to  adults  by pharmacists, as amended by section 3 of
 part DD of chapter 57 of the  laws  of  2018,  is  amended  to  read  as
 follows:
   §  8.  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, [2020]
 2022.
   § 19. Section 5 of chapter 116 of  the  laws  of  2012,  amending  the
 education  law  relating to authorizing a licensed pharmacist and certi-
 fied nurse practitioner to  administer  certain  immunizing  agents,  as
 amended  by  section  4 of part DD of chapter 57 of the laws of 2018, is
 amended to read as follows:
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law, provided, however, that the provisions of sections
 one, two and four of this act shall expire and be deemed  repealed  July
 1, [2020] 2022 provided, that:
   (a)  the  amendments to subdivision 7 of section 6527 of the education
 law made by section one of this act shall not affect the repeal of  such
 subdivision and shall be deemed to be repealed therewith;

 S. 7506--B                         189                        A. 9506--B
 
   (b)  the  amendments to subdivision 7 of section 6909 of the education
 law, made by section two of this act shall not affect the repeal of such
 subdivision and shall be deemed to be repealed therewith;
   (c)  the amendments to subdivision 22 of section 6802 of the education
 law made by section three of this act shall not  affect  the  repeal  of
 such subdivision and shall be deemed to be repealed therewith; and
   (d)  the  amendments  to  section  6801  of  the education law made by
 section four of this act shall not affect the expiration of such section
 and shall be deemed to expire therewith.
   § 20. Section 5 of chapter 21 of the laws of 2011, amending the educa-
 tion law relating to authorizing pharmacists  to  perform  collaborative
 drug  therapy management with physicians in certain settings, as amended
 by section 5 of part DD of chapter 57 of the laws of 2018, is amended to
 read as follows:
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, provided, however, that  the  provisions  of
 sections  two,  three,  and  four of this act shall expire and be deemed
 repealed July 1, [2020] 2022; provided, however, that the amendments  to
 subdivision  1  of section 6801 of the education law made by section one
 of this act shall be subject to the expiration  and  reversion  of  such
 subdivision  pursuant  to  section 8 of chapter 563 of the laws of 2008,
 when upon such date the provisions of section one-a of  this  act  shall
 take  effect;  provided,  further, that effective immediately, the addi-
 tion, 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.
   § 21. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART CC

   Section  1.  Paragraphs  56 and 57 of subdivision (b) of schedule I of
 section 3306 of the public health law, as added by section 4 of part  BB
 of chapter 57 of the laws of 2018, are amended to read as follows:
   (56) [3,4-dichloro-N-{(1-dimethylamino)    cyclohexylmethyl}benzamide]
 3,4-DICHLORO-N-{(1-DIMETHYLAMINO)CYCLOHEXYLMETHYL}BENZAMIDE.  Some trade
 or other names: AH-7921.
   (57) [N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide  (Acetyl  Fenta-
 nyl)]  N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACETAMIDE.    SOME TRADE OR
 OTHER NAMES: ACETYL FENTANYL.
   § 2. Subdivision (b) of schedule I  of  section  3306  of  the  public
 health  law is amended by adding thirteen new paragraphs 58, 59, 60, 61,
 62, 63, 64, 65, 66, 67, 68, 69 and 70 to read as follows:
   (58)  N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUTYRAMIDE.  OTHER   NAME:
 BUTYRYL FENTANYL.
   (59) N-{1-{2-HYDROXY-2-(THIOPHEN-2-YL)ETHYL}PIPERIDIN-4-YL}-N-PHENYLP-
 ROPIONAMIDE.  OTHER NAME: BETA-HYDROXYTHIOFENTANYL.
   (60) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLFURAN-2-CARBOXAMIDE.  OTHER
 NAME: FURANYL FENTANYL.
   (61)  3,4-DICHLORO-N-{2-(DIMETHYLAMINO) CYCLOHEXYL}-N-METHYLBENZAMIDE.
 OTHER NAME:  U-47700.
   (62) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACRYLAMIDE.   OTHER  NAMES:
 ACRYL FENTANYL OR ACRYLOYLFENTANYL.
   (63)    N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
 OTHER NAMES:  4-FLUOROISOBUTYRYL FENTANYL, PARA-FLUOROISOBUTYRYL  FENTA-
 NYL.

 S. 7506--B                         190                        A. 9506--B
 
   (64)     N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)PROPIONAMIDE.
 OTHER NAMES: ORTHO-FLUOROFENTANYL OR 2-FLUOROFENTANYL.
   (65)   N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLTETRAHYDROFURAN-2-CARBOX-
 AMIDE.  OTHER NAME: TETRAHYDROFURANYL FENTANYL.
   (66) 2-METHOXY-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACETAMIDE.  OTHER
 NAME:  METHOXYACETYL FENTANYL.
   (67) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLCYCLOPROPANECARBOXAMIDE.
 OTHER NAME: CYCLOPROPYL FENTANYL.
   (68) N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE. OTHER
 NAME: PARA-FLUOROBUTYRYLFENTANYL.
   (69) N-(2-FLUOROPHENYL)-2-METHOXY-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAM-
 IDE. OTHER NAME: OCFENTANIL.
   (70) 1-CYCLOHEXYL-4-(1,2-DIPHENYLETHYL)PIPERAZINE.  OTHER NAME: MT-45.
   § 3. Subdivision (c) of schedule II of  section  3306  of  the  public
 health law is amended by adding a new paragraph 29 to read as follows:
   (29) THIAFENTANIL.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART DD
 
   Section  1.  Subdivisions 1 and 4 of section 1119 of the public health
 law, as amended by chapter 61 of the laws of 1989, are amended  to  read
 as follows:
   1.  At  the time of submitting a plan for approval as required by this
 article, a filing fee computed at the rate of [twelve dollars and  fifty
 cents]  FIFTY  DOLLARS per lot shall be paid to the department or to the
 city, county or part-county  health  district  wherein  such  plans  are
 filed.
   4.  Notwithstanding any other provision of this title the commissioner
 [of health] is empowered to make administrative  arrangements  with  the
 commissioner  of  environmental  conservation  for  joint or cooperative
 administration of this title and title fifteen of article  seventeen  of
 the  environmental  conservation  law,  such  that only one plan must be
 filed and only one fee totaling [twenty-five] ONE  HUNDRED  dollars  per
 lot must be paid.
   §  2. Subdivision 2 of section 3551 of the public health law, as added
 by chapter 378 of the laws of 1990, is amended to read as follows:
   2. The department shall license each applicant who submits an applica-
 tion on a form prescribed by the commissioner and meets the requirements
 of this article and any rules or  regulations  promulgated  pursuant  to
 this article, upon payment of a registration fee of [thirty] ONE HUNDRED
 TWENTY dollars.
   §  3. Subdivision 1 of section 3554 of the public health law, as added
 by chapter 378 of the laws of 1990, is amended to read as follows:
   1. The commissioner shall inspect each tanning facility licensed under
 this article and each ultraviolet radiation  device  used,  offered,  or

 S. 7506--B                         191                        A. 9506--B
 
 made  available  for use in such facility, not less than biennially. The
 commissioner may establish a fee for such inspection,  which  shall  not
 exceed  [fifty]  TWO  HUNDRED  dollars per ultraviolet radiation device;
 provided,  however,  that  no facility shall be required to pay any such
 fee on more than one occasion in any biennial registration  period.  The
 commissioner  may  appoint  and designate, from time to time, persons to
 make the inspections authorized by this article.
   § 4. Paragraph (a) of subdivision 2 of section 905 of the  labor  law,
 as  added  by  chapter  166  of  the laws of 1991, is amended to read as
 follows:
   (a) The commissioner of health shall assess a  fee  of  no  more  than
 [twenty]  FIFTY  dollars  for  each  asbestos  safety program completion
 certificate requested by the training sponsor  for  each  full  asbestos
 safety  program  and  a  fee of no more than [twelve] THIRTY dollars for
 each asbestos safety program completion  certificate  requested  by  the
 training  sponsor  for  each refresher training asbestos safety program,
 provided, however, that in no event shall the cost of such  certificates
 be assessed by the sponsor against the participants.
   § 5. This act shall take effect immediately.

                                  PART EE
 
   Section  1.  The  public  health  law  is  amended by adding three new
 sections 1399-mm-1, 1399-mm-2, and 1399-mm-3 to read as follows:
   § 1399-MM-1. SALE OF FLAVORED PRODUCTS PROHIBITED. 1. FOR THE PURPOSES
 OF THIS SECTION "FLAVORED" SHALL MEAN  ANY  VAPOR  PRODUCT  INTENDED  OR
 REASONABLY  EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE,
 WITH A DISTINGUISHABLE TASTE OR AROMA, OTHER THAN THE TASTE OR AROMA  OF
 TOBACCO,  IMPARTED EITHER PRIOR TO OR DURING CONSUMPTION OF SUCH PRODUCT
 OR A COMPONENT PART THEREOF, INCLUDING BUT  NOT  LIMITED  TO  TASTES  OR
 AROMAS  RELATING  TO ANY FRUIT, CHOCOLATE, VANILLA, HONEY, CANDY, COCOA,
 DESSERT, ALCOHOLIC BEVERAGE, MINT, WINTERGREEN, MENTHOL, HERB OR  SPICE,
 OR ANY CONCEPT FLAVOR THAT IMPARTS A TASTE OR AROMA THAT IS DISTINGUISH-
 ABLE  FROM  TOBACCO  FLAVOR  BUT  MAY NOT RELATE TO ANY PARTICULAR KNOWN
 FLAVOR. A VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED  WITH
 OR  FOR THE CONSUMPTION OF NICOTINE, SHALL BE PRESUMED TO BE FLAVORED IF
 A PRODUCT'S RETAILER, MANUFACTURER, OR A MANUFACTURER'S AGENT OR EMPLOY-
 EE HAS MADE A STATEMENT OR CLAIM DIRECTED TO CONSUMERS  OR  THE  PUBLIC,
 WHETHER  EXPRESSED OR IMPLIED, THAT SUCH PRODUCT OR DEVICE HAS A DISTIN-
 GUISHABLE TASTE OR AROMA OTHER THAN THE TASTE OR AROMA OF TOBACCO.
   2. NO VAPOR PRODUCTS DEALER, OR ANY  AGENT  OR  EMPLOYEE  OF  A  VAPOR
 PRODUCTS DEALER, SHALL SELL OR OFFER FOR SALE AT RETAIL IN THE STATE ANY
 FLAVORED  VAPOR  PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
 OR FOR THE CONSUMPTION OF NICOTINE.
   3. ANY VAPOR PRODUCTS DEALER, OR ANY AGENT  OR  EMPLOYEE  OF  A  VAPOR
 PRODUCTS  DEALER,  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH
 INDIVIDUAL PACKAGE OF FLAVORED  VAPOR  PRODUCT  INTENDED  OR  REASONABLY
 EXPECTED  TO  BE  USED  WITH  OR FOR THE CONSUMPTION OF NICOTINE SOLD OR
 OFFERED FOR SALE, PROVIDED, HOWEVER, THAT WITH RESPECT TO A  MANUFACTUR-
 ER,  IT SHALL BE AN AFFIRMATIVE DEFENSE TO A FINDING OF VIOLATION PURSU-
 ANT TO THIS SECTION THAT SUCH SALE OR  OFFER  OF  SALE,  AS  APPLICABLE,
 OCCURRED  WITHOUT THE KNOWLEDGE, CONSENT, AUTHORIZATION, OR INVOLVEMENT,
 DIRECT OR INDIRECT, OF SUCH MANUFACTURER.  VIOLATIONS  OF  THIS  SECTION
 SHALL BE ENFORCED PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-NINE-FF OF

 S. 7506--B                         192                        A. 9506--B
 
 THIS  ARTICLE,  EXCEPT  THAT  ANY  PERSON  MAY  SUBMIT A COMPLAINT TO AN
 ENFORCEMENT OFFICER THAT A VIOLATION OF THIS SECTION HAS OCCURRED.
   4.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT  APPLY TO ANY VAPOR
 PRODUCTS DEALER, OR ANY AGENT OR EMPLOYEE OF A  VAPOR  PRODUCTS  DEALER,
 WHO  SELLS  OR  OFFERS  FOR  SALE, OR WHO POSSESS WITH INTENT TO SELL OR
 OFFER FOR SALE,  ANY  FLAVORED  VAPOR  PRODUCT  INTENDED  OR  REASONABLY
 EXPECTED  TO  BE  USED  WITH OR FOR THE CONSUMPTION OF NICOTINE THAT THE
 U.S. FOOD AND DRUG ADMINISTRATION HAS AUTHORIZED TO  LEGALLY  MARKET  AS
 DEFINED  UNDER 21 U.S.C. § 387J AND THAT HAS RECEIVED A PREMARKET REVIEW
 APPROVAL ORDER UNDER 21 U.S.C. § 387J(C) ET SEQ.
   § 1399-MM-2. SALE IN PHARMACIES. 1. NO TOBACCO PRODUCT,  HERBAL  CIGA-
 RETTE,  OR VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
 OR FOR THE CONSUMPTION OF NICOTINE, SHALL BE SOLD IN A PHARMACY OR IN  A
 RETAIL  ESTABLISHMENT  THAT CONTAINS A PHARMACY OPERATED AS A DEPARTMENT
 AS DEFINED BY PARAGRAPH F OF  SUBDIVISION  TWO  OF  SECTION  SIXTY-EIGHT
 HUNDRED EIGHT OF THE EDUCATION LAW.  PROVIDED, HOWEVER, THAT SUCH PROHI-
 BITION  ON  THE  SALE  OF  TOBACCO PRODUCTS, HERBAL CIGARETTES, OR VAPOR
 PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE  USED  WITH  OR  FOR  THE
 CONSUMPTION OF NICOTINE, SHALL NOT APPLY TO ANY OTHER BUSINESS THAT OWNS
 OR  LEASES  PREMISES  WITHIN  ANY  BUILDING  OR OTHER FACILITY THAT ALSO
 CONTAINS A PHARMACY OR A RETAIL ESTABLISHMENT THAT CONTAINS  A  PHARMACY
 OPERATED AS A DEPARTMENT AS DEFINED BY PARAGRAPH F OF SUBDIVISION TWO OF
 SECTION SIXTY-EIGHT HUNDRED EIGHT OF THE EDUCATION LAW.
   2.  THE  COMMISSIONER  SHALL  HAVE  SOLE  JURISDICTION  TO ENFORCE THE
 PROVISIONS OF THIS SECTION. THE COMMISSIONER SHALL  HAVE  THE  POWER  TO
 ASSESS  PENALTIES  IN ACCORDANCE WITH SECTION TWELVE OF THIS CHAPTER AND
 PURSUANT TO A HEARING CONDUCTED IN ACCORDANCE WITH SECTION  TWELVE-A  OF
 THIS CHAPTER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE
 COMMISSIONER  FROM  COMMENCING  A  PROCEEDING  FOR  INJUNCTIVE RELIEF TO
 COMPEL COMPLIANCE WITH THIS SECTION.
   § 1399-MM-3. CARRIER OILS. 1. FOR THE PURPOSES OF THIS SECTION "CARRI-
 ER OILS" SHALL MEAN ANY  INGREDIENT  OF  A  VAPOR  PRODUCT  INTENDED  TO
 CONTROL  THE CONSISTENCY OR OTHER PHYSICAL CHARACTERISTICS OF SUCH VAPOR
 PRODUCT, TO CONTROL THE CONSISTENCY OR OTHER PHYSICAL CHARACTERISTICS OF
 VAPOR, OR TO FACILITATE THE PRODUCTION OF VAPOR WHEN SUCH VAPOR  PRODUCT
 IS USED IN AN ELECTRONIC CIGARETTE. "CARRIER OILS" SHALL NOT INCLUDE ANY
 PRODUCT  APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AS A
 DRUG OR MEDICAL DEVICE OR MANUFACTURED AND DISPENSED PURSUANT  TO  TITLE
 FIVE-A OF ARTICLE THIRTY-THREE OF THIS CHAPTER.
   2.  THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
 GOVERNING THE SALE AND DISTRIBUTION OF CARRIER OILS THAT  ARE  SUSPECTED
 OF  CAUSING  ACUTE  ILLNESS  AND  HAVE  BEEN IDENTIFIED AS A CHEMICAL OF
 CONCERN BY THE UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION.
 SUCH REGULATIONS MAY, TO THE EXTENT DEEMED BY THE COMMISSIONER AS NECES-
 SARY FOR THE PROTECTION OF PUBLIC HEALTH, PROHIBIT OR RESTRICT THE SELL-
 ING, OFFERING FOR SALE, POSSESSING WITH INTENT TO SELL, OR  DISTRIBUTING
 OF CARRIER OILS.
   3.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY WHERE PREEMPTED BY
 FEDERAL LAW.   FURTHERMORE, THE PROVISIONS  OF  THIS  SECTION  SHALL  BE
 SEVERABLE, AND IF ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION IS DECLARED
 TO BE INVALID, OR IS PREEMPTED BY FEDERAL LAW OR REGULATION, THE VALIDI-
 TY  OF  THE  REMAINDER OF THIS SECTION SHALL NOT BE AFFECTED THEREBY. IF
 ANY PROVISION OF THIS SECTION IS DECLARED  TO  BE  INAPPLICABLE  TO  ANY
 SPECIFIC  CATEGORY, TYPE, OR KIND OF CARRIER OIL, THE PROVISIONS OF THIS
 SECTION SHALL NONETHELESS CONTINUE TO APPLY WITH RESPECT  TO  ALL  OTHER
 CARRIER OILS.

 S. 7506--B                         193                        A. 9506--B

   §  2.  Section  1399-aa  of the public health law is amended by adding
 five new subdivisions 14, 15, 16, 17, and 18 to read as follows:
   14.  "PRICE  REDUCTION  INSTRUMENT" MEANS ANY COUPON, VOUCHER, REBATE,
 CARD, PAPER, NOTE, FORM,  STATEMENT,  TICKET,  IMAGE,  OR  OTHER  ISSUE,
 WHETHER  IN  PAPER,  DIGITAL,  OR  ANY  OTHER  FORM, USED FOR COMMERCIAL
 PURPOSES TO RECEIVE AN ARTICLE, PRODUCT, SERVICE, OR ACCOMMODATION WITH-
 OUT CHARGE OR AT A DISCOUNTED PRICE.
   15. "LISTED OR NON-DISCOUNTED PRICE" MEANS THE PRICE LISTED FOR  CIGA-
 RETTES,  TOBACCO  PRODUCTS,  OR  VAPOR  PRODUCTS  INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF  NICOTINE,  ON  THEIR
 PACKAGES OR ANY RELATED SHELVING, POSTING, ADVERTISING OR DISPLAY AT THE
 LOCATION  WHERE  THE  CIGARETTES,  TOBACCO  PRODUCTS,  OR VAPOR PRODUCTS
 INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR  THE  CONSUMPTION
 OF  NICOTINE,  ARE  SOLD  OR  OFFERED FOR SALE, INCLUDING ALL APPLICABLE
 TAXES.
   16. "RETAIL DEALER" MEANS A PERSON LICENSED  BY  THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE  TO  SELL  CIGARETTES, TOBACCO PRODUCTS, OR VAPOR
 PRODUCTS IN THIS STATE.
   17. "VAPOR PRODUCTS" MEANS ANY NONCOMBUSTIBLE LIQUID OR  GEL,  REGARD-
 LESS  OF  THE  PRESENCE OF NICOTINE THEREIN, THAT IS MANUFACTURED INTO A
 FINISHED PRODUCT FOR USE  IN  AN  ELECTRONIC  CIGARETTE,  INCLUDING  ANY
 DEVICE THAT CONTAINS SUCH NONCOMBUSTIBLE LIQUID OR GEL.  "VAPOR PRODUCT"
 SHALL  NOT  INCLUDE  ANY DEVICE, OR ANY COMPONENT THEREOF, THAT DOES NOT
 CONTAIN SUCH NONCOMBUSTIBLE LIQUID OR GEL, OR ANY  PRODUCT  APPROVED  BY
 THE  UNITED  STATES  FOOD  AND  DRUG ADMINISTRATION AS A DRUG OR MEDICAL
 DEVICE, OR MANUFACTURED AND DISPENSED PURSUANT TO TITLE FIVE-A OF  ARTI-
 CLE THIRTY-THREE OF THIS CHAPTER.
   18. "VAPOR PRODUCTS DEALER" MEANS A PERSON LICENSED BY THE COMMISSION-
 ER OF TAXATION AND FINANCE TO SELL VAPOR PRODUCTS IN THIS STATE.
   § 3. Section 1399-ll of the public health law, as added by chapter 262
 of  the  laws of 2000, subdivisions 1 and 5 as amended and subdivision 6
 as added by chapter 342 of the laws of  2013,  is  amended  to  read  as
 follows:
   §  1399-ll.  Unlawful  shipment  or  transport of cigarettes AND VAPOR
 PRODUCTS.  1. It shall be unlawful for any person engaged in  the  busi-
 ness of selling cigarettes to ship or cause to be shipped any cigarettes
 to any person in this state who is not: (a) a person licensed as a ciga-
 rette  tax agent or wholesale dealer under article twenty of the tax law
 or registered retail dealer under section four hundred eighty-a  of  the
 tax  law;  (b)  an export warehouse proprietor pursuant to chapter 52 of
 the internal revenue code or an operator of a customs  bonded  warehouse
 pursuant  to section 1311 or 1555 of title 19 of the United States Code;
 or (c) a person who is an officer,  employee  or  agent  of  the  United
 States  government,  this state or a department, agency, instrumentality
 or political subdivision of the United States or this state and presents
 himself or herself as such, when such person  is  acting  in  accordance
 with  his  or  her  official duties. For purposes of this subdivision, a
 person is a licensed or registered agent or dealer  described  in  para-
 graph  (a)  of  this subdivision if his or her name appears on a list of
 licensed or registered agents or dealers published by the department  of
 taxation  and finance, or if such person is licensed or registered as an
 agent or dealer under article twenty of the tax law.
   1-A. IT SHALL BE UNLAWFUL FOR ANY PERSON ENGAGED IN  THE  BUSINESS  OF
 SELLING VAPOR PRODUCTS TO SHIP OR CAUSE TO BE SHIPPED ANY VAPOR PRODUCTS
 INTENDED  OR  REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
 OF NICOTINE TO ANY PERSON IN THIS STATE WHO IS NOT: (A)  A  PERSON  THAT

 S. 7506--B                         194                        A. 9506--B

 RECEIVES  A CERTIFICATE OF REGISTRATION AS A VAPOR PRODUCTS DEALER UNDER
 ARTICLE TWENTY EIGHT-C OF THE TAX LAW; (B) AN EXPORT WAREHOUSE  PROPRIE-
 TOR  PURSUANT  TO CHAPTER 52 OF THE INTERNAL REVENUE CODE OR AN OPERATOR
 OF  A CUSTOMS BONDED WAREHOUSE PURSUANT TO SECTION 1311 OR 1555 OF TITLE
 19 OF THE UNITED STATES CODE; OR (C) A PERSON WHO IS AN OFFICER, EMPLOY-
 EE OR AGENT OF THE UNITED STATES GOVERNMENT, THIS STATE OR A DEPARTMENT,
 AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE UNITED STATES OR
 THIS STATE AND PRESENTS HIMSELF OR HERSELF AS SUCH, WHEN SUCH PERSON  IS
 ACTING  IN  ACCORDANCE  WITH HIS OR HER OFFICIAL DUTIES. FOR PURPOSES OF
 THIS SUBDIVISION, A PERSON IS A LICENSED OR REGISTERED AGENT  OR  DEALER
 DESCRIBED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IF HIS OR HER NAME
 APPEARS ON A LIST OF LICENSED OR  REGISTERED  AGENTS  OR  VAPOR  PRODUCT
 DEALERS  PUBLISHED BY THE DEPARTMENT OF TAXATION AND FINANCE, OR IF SUCH
 PERSON IS LICENSED OR REGISTERED AS AN AGENT  OR  DEALER  UNDER  ARTICLE
 TWENTY EIGHT-C OF THE TAX LAW.
   2. It shall be unlawful for any common or contract carrier to knowing-
 ly  transport cigarettes to any person in this state reasonably believed
 by such carrier to be other than a person described  in  paragraph  (a),
 (b)  or  (c)  of  subdivision  one  of this section. For purposes of the
 preceding sentence, if cigarettes are transported to  a  home  or  resi-
 dence,  it  shall  be  presumed that the common or contract carrier knew
 that such person was not a person described in paragraph (a), (b) or (c)
 of subdivision one of this section. It shall be unlawful for  any  other
 person  to  knowingly  transport cigarettes to any person in this state,
 other than to a person described in paragraph (a), (b) or (c) of  subdi-
 vision  one  of  this  section.  Nothing  in  this  subdivision shall be
 construed to prohibit a person other than a common or  contract  carrier
 from transporting not more than eight hundred cigarettes at any one time
 to  any  person  in  this  state. IT SHALL BE UNLAWFUL FOR ANY COMMON OR
 CONTRACT CARRIER TO  KNOWINGLY  TRANSPORT  VAPOR  PRODUCTS  INTENDED  OR
 REASONABLY  EXPECTED  TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE
 TO ANY PERSON IN THIS STATE REASONABLY BELIEVED BY SUCH  CARRIER  TO  BE
 OTHER  THAN  A PERSON DESCRIBED IN PARAGRAPH (A), (B) OR (C) OF SUBDIVI-
 SION ONE-A OF THIS SECTION. FOR PURPOSES OF THE PRECEDING  SENTENCE,  IF
 VAPOR  PRODUCTS  INTENDED  OR REASONABLY EXPECTED TO BE USED WITH OR FOR
 THE CONSUMPTION OF NICOTINE ARE TRANSPORTED TO A HOME OR  RESIDENCE,  IT
 SHALL  BE  PRESUMED  THAT  THE COMMON OR CONTRACT CARRIER KNEW THAT SUCH
 PERSON WAS NOT A PERSON DESCRIBED IN PARAGRAPH (A), (B) OR (C) OF SUBDI-
 VISION ONE-A OF THIS SECTION. IT SHALL BE UNLAWFUL FOR ANY OTHER  PERSON
 TO KNOWINGLY TRANSPORT VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO
 BE  USED  WITH  OR FOR THE CONSUMPTION OF NICOTINE TO ANY PERSON IN THIS
 STATE, OTHER THAN TO A PERSON DESCRIBED IN PARAGRAPH (A), (B) OR (C)  OF
 SUBDIVISION  ONE  OF  THIS SECTION. NOTHING IN THIS SUBDIVISION SHALL BE
 CONSTRUED TO PROHIBIT A PERSON OTHER THAN A COMMON OR  CONTRACT  CARRIER
 FROM  TRANSPORTING  VAPOR  PRODUCTS,  PROVIDED  THAT THE AMOUNT OF VAPOR
 PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE  USED  WITH  OR  FOR  THE
 CONSUMPTION  OF NICOTINE SHALL NOT EXCEED THE LESSER OF 500 MILLILITERS,
 OR A TOTAL NICOTINE CONTENT OF 3 GRAMS AT ANY ONE TIME TO ANY PERSON  IN
 THIS STATE.
   3.  When  a person engaged in the business of selling cigarettes ships
 or causes to be shipped any cigarettes to  any  person  in  this  state,
 other  than  in the cigarette manufacturer's original container or wrap-
 ping, the container or wrapping must be plainly and visibly marked  with
 the  word "cigarettes". WHEN A PERSON ENGAGED IN THE BUSINESS OF SELLING
 VAPOR PRODUCTS SHIPS OR CAUSES TO BE SHIPPED ANY VAPOR PRODUCTS INTENDED
 OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION  OF  NICO-

 S. 7506--B                         195                        A. 9506--B
 
 TINE  TO  ANY  PERSON  IN  THIS  STATE, OTHER THAN IN THE VAPOR PRODUCTS
 MANUFACTURER'S ORIGINAL CONTAINER OR WRAPPING, THE CONTAINER OR WRAPPING
 MUST BE PLAINLY AND VISIBLY MARKED WITH THE WORDS "VAPOR PRODUCTS".
   4.  Whenever a police officer designated in section 1.20 of the crimi-
 nal procedure law or a peace officer designated in subdivision  four  of
 section  2.10 of such law, acting pursuant to his or her special duties,
 shall discover any cigarettes OR VAPOR PRODUCTS INTENDED  OR  REASONABLY
 EXPECTED  TO  BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE which have
 been or which are being shipped or  transported  in  violation  of  this
 section,  such  person  is  hereby empowered and authorized to seize and
 take possession of such cigarettes OR VAPOR PRODUCTS INTENDED OR REASON-
 ABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION  OF  NICOTINE,  and
 such  cigarettes OR VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE
 USED WITH OR FOR THE CONSUMPTION OF  NICOTINE  shall  be  subject  to  a
 forfeiture  action  pursuant  to  the procedures provided for in article
 thirteen-A of the civil practice law  and  rules,  as  if  such  article
 specifically  provided  for  forfeiture  of cigarettes OR VAPOR PRODUCTS
 INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR  THE  CONSUMPTION
 OF  NICOTINE seized pursuant to this section as a pre-conviction forfei-
 ture crime.
   5. Any person who violates the provisions of subdivision  one,  ONE-A,
 or  two of this section shall be guilty of a class A misdemeanor and for
 a second or subsequent violation shall be guilty of a class E felony. In
 addition to the criminal penalty, any person who violates the provisions
 of subdivision one, ONE-A, two or three of this section shall be subject
 to a civil penalty not to  exceed  the  greater  of  (a)  five  thousand
 dollars  for  each such violation; [or] (b) one hundred dollars for each
 pack of cigarettes shipped, caused  to  be  shipped  or  transported  in
 violation of such subdivision; OR (C) ONE HUNDRED DOLLARS FOR EACH VAPOR
 PRODUCT  INTENDED  OR  REASONABLY  EXPECTED  TO  BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE SHIPPED, CAUSED TO BE SHIPPED OR TRANSPORTED  IN
 VIOLATION OF SUCH SUBDIVISION.
   6.  The  attorney  general  may  bring  an action to recover the civil
 penalties provided by subdivision five of  this  section  and  for  such
 other  relief  as  may be deemed necessary. In addition, the corporation
 counsel of any political subdivision that imposes a tax on cigarettes OR
 VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO USED WITH OR  FOR  THE
 CONSUMPTION  OF NICOTINE may bring an action to recover the civil penal-
 ties provided by subdivision five of this section  and  for  such  other
 relief  as  may  be  deemed  necessary with respect to any cigarettes OR
 VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED  WITH  OR  FOR
 THE CONSUMPTION OF NICOTINE shipped, caused to be shipped or transported
 in violation of this section to any person located within such political
 subdivision.  All  civil  penalties obtained in any such action shall be
 retained by the state or political  subdivision  bringing  such  action,
 provided that no person shall be required to pay civil penalties to both
 the state and a political subdivision with respect to the same violation
 of this section.
   §  4.  Section 1399-bb of the public health law, as amended by chapter
 508 of the laws of 2000, the section heading as amended by chapter 4  of
 the  laws of 2018, subdivision 2 as amended by chapter 13 of the laws of
 2003, and paragraphs (b), (c), and (f) of subdivision 2 and subdivisions
 4 and 5 as amended by chapter 100 of the laws of  2019,  is  amended  to
 read as follows:
   §  1399-bb.  Distribution of tobacco products, [electronic cigarettes]
 VAPOR PRODUCTS, or herbal cigarettes  without  charge.  1.  No  [person]

 S. 7506--B                         196                        A. 9506--B
 
 RETAIL  DEALER,  OR  ANY AGENT OR EMPLOYEE OF A RETAIL DEALER engaged in
 the business of selling  or  otherwise  distributing  tobacco  products,
 VAPOR  PRODUCTS  INTENDED  OR REASONABLY EXPECTED TO BE USED WITH OR FOR
 THE  CONSUMPTION  OF  NICOTINE,  or  herbal  cigarettes  for  commercial
 purposes, or any agent or employee of such [person]  RETAIL  DEALER,  OR
 ANY  AGENT  OR EMPLOYEE OF A RETAIL DEALER, shall knowingly, in further-
 ance of such business:
   (a) distribute without charge any  tobacco  products,  VAPOR  PRODUCTS
 INTENDED  OR  REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
 OF NICOTINE, or herbal cigarettes to any individual, provided  that  the
 distribution  of  a  package containing tobacco products, VAPOR PRODUCTS
 INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR  THE  CONSUMPTION
 OF NICOTINE, or herbal cigarettes in violation of this subdivision shall
 constitute  a  single violation without regard to the number of items in
 the package; or
   (b) distribute [coupons] PRICE REDUCTION INSTRUMENTS which are redeem-
 able  for  tobacco  products,  VAPOR  PRODUCTS  INTENDED  OR  REASONABLY
 EXPECTED  TO  BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal
 cigarettes to any individual, provided that this subdivision  shall  not
 apply  to  coupons  contained in newspapers, magazines or other types of
 publications, coupons obtained through the purchase of tobacco products,
 VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED  WITH  OR  FOR
 THE  CONSUMPTION  OF  NICOTINE,  or  herbal  cigarettes  or  obtained at
 locations which  sell  tobacco  products,  VAPOR  PRODUCTS  INTENDED  OR
 REASONABLY  EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE,
 or herbal cigarettes provided that such distribution is  confined  to  a
 designated area or to coupons sent through the mail.
   1-A.  NO RETAIL DEALER ENGAGED IN THE BUSINESS OF SELLING OR OTHERWISE
 DISTRIBUTING TOBACCO PRODUCTS,  HERBAL  CIGARETTES,  OR  VAPOR  PRODUCTS
 INTENDED  OR  REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
 OF NICOTINE FOR COMMERCIAL PURPOSES, OR ANY AGENT OR  EMPLOYEE  OF  SUCH
 RETAIL DEALER, SHALL KNOWINGLY, IN FURTHERANCE OF SUCH BUSINESS:
   (A)  HONOR  OR  ACCEPT A PRICE REDUCTION INSTRUMENT IN ANY TRANSACTION
 RELATED TO THE SALE OF TOBACCO PRODUCTS,  HERBAL  CIGARETTES,  OR  VAPOR
 PRODUCTS  INTENDED  OR  REASONABLY  EXPECTED  TO BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE TO A CONSUMER;
   (B) SELL OR OFFER FOR SALE ANY TOBACCO PRODUCTS, HERBAL CIGARETTES, OR
 VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED  WITH  OR  FOR
 THE  CONSUMPTION  OF  NICOTINE  TO  A CONSUMER THROUGH ANY MULTI-PACKAGE
 DISCOUNT OR OTHERWISE PROVIDE TO A CONSUMER ANY TOBACCO PRODUCTS, HERBAL
 CIGARETTES, OR VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED
 WITH OR FOR THE CONSUMPTION OF NICOTINE FOR LESS THAN THE  LISTED  PRICE
 OR NON-DISCOUNTED PRICE IN EXCHANGE FOR THE PURCHASE OF ANY OTHER TOBAC-
 CO PRODUCTS, HERBAL CIGARETTES, OR VAPOR PRODUCTS INTENDED OR REASONABLY
 EXPECTED  TO  BE  USED  WITH  OR FOR THE CONSUMPTION OF NICOTINE BY SUCH
 CONSUMER;
   (C) SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE ANY PRODUCT OTHER  THAN
 A  TOBACCO  PRODUCT,  HERBAL  CIGARETTE,  OR  VAPOR  PRODUCT INTENDED OR
 REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION  OF  NICOTINE
 TO  A CONSUMER FOR LESS THAN THE LISTED PRICE OR NON-DISCOUNTED PRICE IN
 EXCHANGE FOR THE PURCHASE OF A TOBACCO  PRODUCT,  HERBAL  CIGARETTE,  OR
 VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE BY SUCH CONSUMER; OR
   (D)  SELL,  OFFER  FOR  SALE,  OR OTHERWISE PROVIDE A TOBACCO PRODUCT,
 HERBAL CIGARETTE, OR VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE

 S. 7506--B                         197                        A. 9506--B
 
 USED WITH OR FOR THE CONSUMPTION OF NICOTINE TO A CONSUMER FOR LESS THAN
 THE LISTED PRICE OR NON-DISCOUNTED PRICE.
   2. The prohibitions contained in subdivision one of this section shall
 not apply to the following locations:
   (a)  private  social functions when seating arrangements are under the
 control of the sponsor of the function  and  not  the  owner,  operator,
 manager or person in charge of such indoor area;
   (b)  conventions  and  trade  shows; provided that the distribution is
 confined to designated areas generally accessible only to  persons  over
 the age of twenty-one;
   (c)  events sponsored by tobacco, VAPOR PRODUCT INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE,  or  herbal
 cigarette  manufacturers  provided  that the distribution is confined to
 designated areas generally accessible only to persons over  the  age  of
 twenty-one;
   (d)  bars  as  defined  in subdivision one of section thirteen hundred
 ninety-nine-n of this chapter;
   (e) tobacco businesses as defined  in  subdivision  eight  of  section
 thirteen hundred ninety-nine-aa of this article;
   (f)  factories  as  defined  in  subdivision  nine of section thirteen
 hundred ninety-nine-aa of this article and construction sites;  provided
 that the distribution is confined to designated areas generally accessi-
 ble only to persons over the age of twenty-one.
   3.  No [person] RETAIL DEALER shall distribute tobacco products, VAPOR
 PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE  USED  WITH  OR  FOR  THE
 CONSUMPTION OF NICOTINE, or herbal cigarettes at the locations set forth
 in paragraphs (b), (c) and (f) of subdivision two of this section unless
 such person gives five days written notice to the enforcement officer.
   4.  No  [person]  RETAIL  DEALER engaged in the business of selling or
 otherwise distributing electronic cigarettes OR VAPOR PRODUCTS  INTENDED
 OR  REASONABLY  EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICO-
 TINE for commercial purposes, or any agent or employee of  such  person,
 shall  knowingly,  in  furtherance  of such business, distribute without
 charge any electronic cigarettes  to  any  individual  under  twenty-one
 years of age.
   5.  The distribution of tobacco products, ELECTRONIC CIGARETTES, VAPOR
 PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE  USED  WITH  OR  FOR  THE
 CONSUMPTION  OF  NICOTINE,  or herbal cigarettes pursuant to subdivision
 two of this section or the distribution  without  charge  of  electronic
 cigarettes, OR VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED
 WITH  OR FOR THE CONSUMPTION OF NICOTINE, shall be made only to an indi-
 vidual who demonstrates, through (A) a driver's license or [other photo-
 graphic] NON-DRIVER identification card issued by [a  government  entity
 or  educational  institution]  THE  COMMISSIONER  OF MOTOR VEHICLES, THE
 FEDERAL  GOVERNMENT,  ANY  UNITED  STATES  TERRITORY,  COMMONWEALTH,  OR
 POSSESSION,  THE  DISTRICT  OF  COLUMBIA,  A STATE GOVERNMENT WITHIN THE
 UNITED STATES, OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA, (B)
 A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR  THE  GOVERN-
 MENT  OF  ANY OTHER COUNTRY, OR (C) AN IDENTIFICATION CARD ISSUED BY THE
 ARMED FORCES OF THE UNITED STATES, indicating that the individual is  at
 least  twenty-one years of age. Such identification need not be required
 of any individual who reasonably appears  to  be  at  least  twenty-five
 years  of age; provided, however, that such appearance shall not consti-
 tute a defense in any proceeding alleging the sale of a tobacco product,
 electronic cigarette, VAPOR PRODUCT INTENDED OR REASONABLY  EXPECTED  TO
 BE  USED WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal cigarette or

 S. 7506--B                         198                        A. 9506--B
 
 the distribution without  charge  of  electronic  cigarettes,  OR  VAPOR
 PRODUCTS  INTENDED  OR  REASONABLY  EXPECTED  TO BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE to an individual.
   §  5.  The  public health law is amended by adding a new article 17 to
 read as follows:
                                ARTICLE 17
                        INGREDIENT DISCLOSURES FOR
                      VAPOR PRODUCTS AND E-CIGARETTES
 SECTION 1700. DEFINITIONS.
         1701. DISCLOSURE.
         1702. PENALTIES.
   § 1700. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "VAPOR  PRODUCTS"  SHALL  MEAN  ANY  VAPOR  PRODUCT, AS DEFINED BY
 SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF  THIS  CHAPTER,  INTENDED  OR
 REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE.
   2. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
 AS DEFINED BY SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THIS CHAPTER.
   3. "INGREDIENT" SHALL MEAN ALL OF THE FOLLOWING:
   (A)  ANY INTENTIONAL ADDITIVE PRESENT IN ANY QUANTITY IN A VAPOR PROD-
 UCT;
   (B) A BYPRODUCT OR CONTAMINANT, PRESENT IN  A  VAPOR  PRODUCT  IN  ANY
 QUANTITY EQUAL TO OR GREATER THAN ONE-HALF OF ONE PERCENT OF THE CONTENT
 OF SUCH PRODUCT BY WEIGHT, OR OTHER AMOUNT DETERMINED BY THE COMMISSION-
 ER;
   (C)  A  BYPRODUCT PRESENT IN A VAPOR PRODUCT IN ANY QUANTITY LESS THAN
 ONE-HALF OF ONE PERCENT OF  THE  CONTENT  OF  SUCH  PRODUCT  BY  WEIGHT,
 PROVIDED  SUCH  ELEMENT  OR COMPOUND HAS BEEN PUBLISHED AS A CHEMICAL OF
 CONCERN ON ONE OR MORE LISTS IDENTIFIED BY THE COMMISSIONER; AND
   (D) A CONTAMINANT PRESENT IN A VAPOR PRODUCT IN A QUANTITY  DETERMINED
 BY THE COMMISSIONER AND LESS THAN ONE-HALF OF ONE PERCENT OF THE CONTENT
 OF  SUCH  PRODUCT  BY WEIGHT, PROVIDED SUCH ELEMENT OR COMPOUND HAS BEEN
 PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE  LISTS  IDENTIFIED  BY
 THE COMMISSIONER.
   4. "INTENTIONALLY ADDED INGREDIENT" SHALL MEAN ANY ELEMENT OR COMPOUND
 THAT  A  MANUFACTURER  HAS INTENTIONALLY ADDED TO A VAPOR PRODUCT AT ANY
 POINT IN SUCH PRODUCT'S SUPPLY CHAIN, OR AT  ANY  POINT  IN  THE  SUPPLY
 CHAIN  OF  ANY RAW MATERIAL OR INGREDIENT USED TO MANUFACTURE SUCH PROD-
 UCT.
   5. "BYPRODUCT" SHALL MEAN ANY ELEMENT  OR  COMPOUND  IN  THE  FINISHED
 VAPOR  PRODUCT,  OR  IN THE VAPOR PRODUCED DURING CONSUMPTION OF A VAPOR
 PRODUCT, WHICH:   (A) WAS CREATED OR  FORMED  DURING  THE  MANUFACTURING
 PROCESS  AS AN INTENTIONAL OR UNINTENTIONAL CONSEQUENCE OF SUCH MANUFAC-
 TURING PROCESS AT ANY POINT IN SUCH PRODUCT'S SUPPLY CHAIN,  OR  AT  ANY
 POINT  IN  THE  SUPPLY  CHAIN  OF ANY RAW MATERIAL OR INGREDIENT USED TO
 MANUFACTURE SUCH PRODUCT; OR (B) IS CREATED OR FORMED AS AN  INTENTIONAL
 OR UNINTENTIONAL CONSEQUENCE OF THE USE OF AN E-CIGARETTE OR CONSUMPTION
 OF  A  VAPOR PRODUCT.  "BYPRODUCT" SHALL INCLUDE, BUT IS NOT LIMITED TO,
 AN UNREACTED RAW MATERIAL, A BREAKDOWN PRODUCT OF AN INTENTIONALLY ADDED
 INGREDIENT, A BREAKDOWN PRODUCT OF ANY COMPONENT PART OF AN E-CIGARETTE,
 OR A DERIVATIVE OF THE MANUFACTURING PROCESS.
   6. "CONTAMINANT" SHALL MEAN ANY ELEMENT OR COMPOUND MADE PRESENT IN  A
 VAPOR  PRODUCT AS AN UNINTENTIONAL CONSEQUENCE OF MANUFACTURING. CONTAM-
 INANTS INCLUDE, BUT ARE NOT LIMITED TO, ELEMENTS OR COMPOUNDS PRESENT IN
 THE ENVIRONMENT WHICH WERE INTRODUCED INTO A PRODUCT, A RAW MATERIAL, OR
 A PRODUCT INGREDIENT AS A RESULT OF THE USE OF AN ENVIRONMENTAL  MEDIUM,

 S. 7506--B                         199                        A. 9506--B
 
 SUCH  AS NATURALLY OCCURRING WATER, OR OTHER MATERIALS USED IN THE MANU-
 FACTURING PROCESS AT ANY POINT IN A PRODUCT'S SUPPLY CHAIN,  OR  AT  ANY
 POINT  IN  THE  SUPPLY  CHAIN  OF ANY RAW MATERIAL OR INGREDIENT USED TO
 MANUFACTURE SUCH PRODUCT.
   7.  "MANUFACTURER"  SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, PARTNER-
 SHIP,  LIMITED  LIABILITY  COMPANY,  OR  CORPORATION   WHICH   PRODUCES,
 PREPARES,  FORMULATES,  OR  COMPOUNDS A VAPOR PRODUCT OR E-CIGARETTE, OR
 WHOSE BRAND NAME IS AFFIXED TO SUCH PRODUCT. IN  THE  CASE  OF  A  VAPOR
 PRODUCT  OR  E-CIGARETTE IMPORTED INTO THE UNITED STATES, "MANUFACTURER"
 SHALL MEAN THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF SUCH PRODUCT IF
 THE ENTITY THAT MANUFACTURES SUCH PRODUCT OR WHOSE BRAND NAME IS AFFIXED
 TO SUCH PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   § 1701. DISCLOSURE. 1. MANUFACTURERS OF VAPOR PRODUCTS OR E-CIGARETTES
 DISTRIBUTED, SOLD, OR OFFERED FOR SALE IN THIS STATE, WHETHER AT  RETAIL
 OR  WHOLESALE,  SHALL  FURNISH TO THE COMMISSIONER FOR PUBLIC RECORD AND
 POST ON SUCH MANUFACTURER'S WEBSITE,  IN  A  MANNER  PRESCRIBED  BY  THE
 COMMISSIONER  THAT IS READILY ACCESSIBLE TO THE PUBLIC AND MACHINE READ-
 ABLE, INFORMATION REGARDING SUCH PRODUCTS PURSUANT  TO  RULES  OR  REGU-
 LATIONS WHICH SHALL BE PROMULGATED BY THE COMMISSIONER.
   (A)  FOR  EACH  VAPOR PRODUCT, THE INFORMATION POSTED PURSUANT TO THIS
 SUBDIVISION SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (I) A LIST NAMING EACH INGREDIENT OF SUCH VAPOR PRODUCT IN  DESCENDING
 ORDER OF PREDOMINANCE BY WEIGHT IN SUCH PRODUCT, EXCEPT THAT INGREDIENTS
 PRESENT  AT  A  WEIGHT  BELOW  ONE PERCENT MAY BE LISTED FOLLOWING OTHER
 INGREDIENTS WITHOUT RESPECT TO THE ORDER OF PREDOMINANCE BY WEIGHT;
   (II) THE NATURE AND EXTENT OF INVESTIGATIONS AND RESEARCH PERFORMED BY
 OR FOR THE MANUFACTURER CONCERNING THE EFFECTS ON HUMAN HEALTH  OF  SUCH
 PRODUCT OR ITS INGREDIENTS;
   (III)  WHERE  APPLICABLE, A STATEMENT DISCLOSING THAT AN INGREDIENT OF
 SUCH PRODUCT IS PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE  LISTS
 IDENTIFIED BY THE COMMISSIONER; AND
   (IV)  FOR EACH INGREDIENT PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR
 MORE LISTS IDENTIFIED BY THE COMMISSIONER, AN EVALUATION OF  THE  AVAIL-
 ABILITY  OF  POTENTIAL  ALTERNATIVES AND POTENTIAL HAZARDS POSED BY SUCH
 ALTERNATIVES.
   (B) FOR EACH E-CIGARETTE  THE  INFORMATION  POSTED  PURSUANT  TO  THIS
 SUBDIVISION SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (I)  A LIST NAMING ANY TOXIC METAL, INCLUDING BUT NOT LIMITED TO LEAD,
 MANGANESE, NICKEL, CHROMIUM, OR ZINC, AS A CONSTITUENT  OF  ANY  HEATING
 ELEMENT INCLUDED IN SUCH E-CIGARETTE;
   (II)  A  LIST  NAMING EACH BYPRODUCT THAT MAY BE INTRODUCED INTO VAPOR
 PRODUCED DURING THE NORMAL USE OF SUCH E-CIGARETTE;
   (III) THE NATURE AND EXTENT OF INVESTIGATIONS AND  RESEARCH  PERFORMED
 BY  OR  FOR  THE  MANUFACTURER CONCERNING THE EFFECTS ON HUMAN HEALTH OF
 SUCH PRODUCT OR SUCH INGREDIENTS;
   (IV) WHERE APPLICABLE, A STATEMENT DISCLOSING THAT  AN  INGREDIENT  IS
 PUBLISHED  AS  A  CHEMICAL OF CONCERN ON ONE OR MORE LISTS IDENTIFIED BY
 THE COMMISSIONER; AND
   (V) FOR EACH CONSTITUENT OF ANY HEATING ELEMENT IDENTIFIED AS A  TOXIC
 METAL  AND  INGREDIENT PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE
 LISTS IDENTIFIED BY THE COMMISSIONER, AN EVALUATION OF THE  AVAILABILITY
 OF  POTENTIAL  ALTERNATIVES AND POTENTIAL HAZARDS POSED BY SUCH ALTERNA-
 TIVES.
   2. MANUFACTURERS SHALL FURNISH THE INFORMATION REQUIRED TO  BE  POSTED
 PURSUANT  TO SUBDIVISION ONE OF THIS SECTION ON OR BEFORE JANUARY FIRST,
 TWO THOUSAND TWENTY-ONE, AND EVERY TWO YEARS  THEREAFTER.  IN  ADDITION,

 S. 7506--B                         200                        A. 9506--B
 
 SUCH  MANUFACTURERS  SHALL FURNISH SUCH INFORMATION PRIOR TO THE SALE OF
 ANY NEW VAPOR PRODUCT OR E-CIGARETTE, WHEN THE FORMULATION OF A CURRENT-
 LY DISCLOSED PRODUCT IS CHANGED SUCH THAT THE PREDOMINANCE OF THE INGRE-
 DIENTS IN SUCH PRODUCT IS CHANGED, WHEN ANY LIST OF CHEMICALS OF CONCERN
 IDENTIFIED  BY  THE  COMMISSIONER PURSUANT TO THIS ARTICLE IS CHANGED TO
 INCLUDE AN INGREDIENT PRESENT IN A VAPOR PRODUCT OR E-CIGARETTE  SUBJECT
 TO  THIS  ARTICLE,  OR  AT  SUCH  OTHER  TIMES AS MAY BE REQUIRED BY THE
 COMMISSIONER.
   3. THE INFORMATION REQUIRED TO BE POSTED PURSUANT TO  SUBDIVISION  ONE
 OF THIS SECTION SHALL BE MADE AVAILABLE TO THE PUBLIC BY THE COMMISSION-
 ER  AND  MANUFACTURERS, IN ACCORDANCE WITH THIS SECTION, WITH THE EXCEP-
 TION OF THOSE PORTIONS WHICH A MANUFACTURER DETERMINES, SUBJECT  TO  THE
 APPROVAL  OF  THE COMMISSIONER, ARE RELATED TO A PROPRIETARY PROCESS THE
 DISCLOSURE OF WHICH WOULD  COMPROMISE  SUCH  MANUFACTURER'S  COMPETITIVE
 POSITION.  THE  COMMISSIONER SHALL NOT APPROVE ANY EXCEPTIONS UNDER THIS
 SUBDIVISION WITH RESPECT TO ANY INGREDIENT PUBLISHED AS  A  CHEMICAL  OF
 CONCERN ON ONE OR MORE LISTS IDENTIFIED BY THE COMMISSIONER.
   §  1702.  PENALTIES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAP-
 TER, ANY MANUFACTURER WHO VIOLATES ANY OF  THE  PROVISIONS  OF,  OR  WHO
 FAILS  TO PERFORM ANY DUTY IMPOSED BY, THIS ARTICLE OR ANY RULE OR REGU-
 LATION PROMULGATED THEREUNDER, SHALL BE LIABLE, IN THE CASE OF  A  FIRST
 VIOLATION,  FOR  A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS. IN
 THE CASE OF A SECOND OR ANY SUBSEQUENT VIOLATION, THE LIABILITY SHALL BE
 FOR A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND  DOLLARS  FOR  EACH  SUCH
 VIOLATION.
   §  6.  Subdivision  2  and  paragraphs (e) and (f) of subdivision 3 of
 section 1399-ee of the public health law, as amended by chapter  162  of
 the laws of 2002, are amended to read as follows:
   2.  If  the  enforcement  officer  determines  after  a hearing that a
 violation of this article has occurred, he or she shall impose  a  civil
 penalty  of  a  minimum  of three hundred dollars, but not to exceed one
 thousand FIVE HUNDRED dollars for a first violation, and  a  minimum  of
 [five  hundred]  ONE THOUSAND dollars, but not to exceed [one] TWO thou-
 sand five hundred  dollars  for  each  subsequent  violation,  unless  a
 different penalty is otherwise provided in this article. The enforcement
 officer  shall  advise  the  retail dealer that upon the accumulation of
 three or more points pursuant to this section the department of taxation
 and finance shall suspend the dealer's registration. If the  enforcement
 officer  determines  after  a  hearing  that a retail dealer was selling
 tobacco products while their registration was suspended  or  permanently
 revoked pursuant to subdivision three or four of this section, he or she
 shall impose a civil penalty of twenty-five hundred dollars.
   (e)  Suspension. If the department determines that a retail dealer has
 accumulated three points  or  more,  the  department  shall  direct  the
 commissioner  of taxation and finance to suspend such dealer's registra-
 tion for [six months] ONE YEAR. The three points serving  as  the  basis
 for  a suspension shall be erased upon the completion of the [six month]
 ONE YEAR penalty.
   (f) Surcharge. A TWO HUNDRED fifty dollar surcharge to be assessed for
 every violation will be made available to enforcement officers and shall
 be used solely for  compliance  checks  to  be  conducted  to  determine
 compliance with this section.
   §  7.  Paragraph 1 of subdivision h of section 1607 of the tax law, as
 amended by chapter 162 of the laws  of  2002,  is  amended  to  read  as
 follows:

 S. 7506--B                         201                        A. 9506--B
 
   1.  A license shall be suspended for a period of [six months] ONE YEAR
 upon notification to the division by the commissioner  of  health  of  a
 lottery  sales  agent's accumulation of three or more points pursuant to
 subdivision three of section  thirteen  hundred  ninety-nine-ee  of  the
 public health law.
   § 8. Section 1399-hh of the public health law, as added by chapter 433
 of the laws of 1997, is amended to read as follows:
   §  1399-hh.  Tobacco  AND VAPOR PRODUCT enforcement.  The commissioner
 shall develop, plan and implement a comprehensive program to reduce  the
 prevalence  of  tobacco  use,  AND VAPOR PRODUCT, INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, USE partic-
 ularly among persons less than [eighteen] TWENTY-ONE years of age.  This
 program shall include, but not be limited to, support for enforcement of
 THIS article [thirteen-F of this chapter].
   1.    An  enforcement  officer, as defined in section thirteen hundred
 ninety-nine-t of this chapter, may annually, on such dates as  shall  be
 fixed  by the commissioner, submit an application for such monies as are
 made available for such purpose.  Such application shall be in such form
 as prescribed by the commissioner and shall include, but not be  limited
 to,  plans  regarding random spot checks, including the number and types
 of compliance checks that will be conducted,  and  other  activities  to
 determine compliance with this article.  Each such plan shall include an
 agreement  to  report  to  the  commissioner: the names and addresses of
 tobacco retailers and vendors AND VAPOR PRODUCTS DEALERS  determined  to
 be  unlicensed,  if any; the number of complaints filed against licensed
 tobacco retail outlets AND VAPOR PRODUCTS  DEALERS;  and  the  names  of
 tobacco  retailers  and vendors AND VAPOR PRODUCTS DEALERS who have paid
 fines, or have been otherwise penalized, due to enforcement actions.
   2.  The commissioner shall distribute such monies as are  made  avail-
 able for such purpose to enforcement officers and, in so doing, consider
 the  number  of  LICENSED  VAPOR  PRODUCTS  DEALERS AND retail locations
 registered to sell tobacco  products  within  the  jurisdiction  of  the
 enforcement officer and the level of proposed activities.
   3.  Monies  made  available  to  enforcement officers pursuant to this
 section shall only be used for local tobacco AND VAPOR PRODUCT, INTENDED
 OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION  OF  NICO-
 TINE, enforcement activities approved by the commissioner.
   § 9. Section 1399-jj of the public health law, as amended by chapter 1
 of the laws of 1999, is amended to read as follows:
   § 1399-jj. Evaluation requirements. 1. The commissioner shall evaluate
 the  effectiveness  of  the  efforts  by  state and local governments to
 reduce the use of tobacco  products  AND  VAPOR  PRODUCTS,  INTENDED  OR
 REASONABLY  EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE,
 among minors and adults. The  principal  measurements  of  effectiveness
 shall  include  negative  attitudes  toward  tobacco AND VAPOR PRODUCTS,
 INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR  THE  CONSUMPTION
 OF  NICOTINE,  use and reduction of tobacco AND VAPOR PRODUCTS, INTENDED
 OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION  OF  NICO-
 TINE, use among the general population, and given target populations.
   2.  The commissioner shall ensure that, to the extent practicable, the
 most current research findings regarding mechanisms to reduce and change
 attitudes toward tobacco AND  VAPOR  PRODUCTS,  INTENDED  OR  REASONABLY
 EXPECTED  TO  BE  USED  WITH OR FOR THE CONSUMPTION OF NICOTINE, use are
 used in tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY EXPECTED TO BE
 USED WITH OR FOR THE CONSUMPTION OF NICOTINE, education programs  admin-
 istered by the department.

 S. 7506--B                         202                        A. 9506--B
 
   3.  To  diminish  tobacco  AND  VAPOR  PRODUCT, INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE,  use  among
 minors  and  adults,  the  commissioner shall ensure that, to the extent
 practicable, the following is achieved:
   The  department  shall conduct an independent evaluation of the state-
 wide tobacco use prevention and control program under  section  thirteen
 hundred  ninety-nine-ii  of this article. The purpose of this evaluation
 is to direct the most efficient allocation of state resources devoted to
 tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY EXPECTED  TO  BE  USED
 WITH  OR  FOR  THE  CONSUMPTION  OF NICOTINE, education and cessation to
 accomplish the maximum prevention and reduction  of  tobacco  AND  VAPOR
 PRODUCT,  INTENDED  OR  REASONABLY  EXPECTED  TO BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE, use among minors and  adults.  Such  evaluation
 shall be provided to the governor, the majority leader of the senate and
 the  speaker  of the assembly on or before September first, two thousand
 one, and annually on or before such date thereafter.  The  comprehensive
 evaluation design shall be guided by the following:
   (a)  sound  evaluation  principles  including, to the extent feasible,
 elements of controlled experimental methods;
   (b) an evaluation  of  the  comparative  effectiveness  of  individual
 program  designs  which  shall  be used in funding decisions and program
 modifications; and
   (c) an evaluation of other  programs  identified  by  state  agencies,
 local lead agencies, and federal agencies.
   §  10.  Section  1399-kk of the public health law, as added by chapter
 433 of the laws of 1997, is amended to read as follows:
   § 1399-kk.  Annual tobacco AND VAPOR  PRODUCT  enforcement  reporting.
 The  commissioner  shall  submit  to the governor and the legislature an
 interim tobacco control report and annual tobacco control reports  which
 shall  describe  the  extent  of  the  use of tobacco products AND VAPOR
 PRODUCTS, INTENDED OR REASONABLY EXPECTED TO BE USED  WITH  OR  FOR  THE
 CONSUMPTION OF NICOTINE, by [minors] THOSE UNDER TWENTY-ONE YEARS OF AGE
 in  the state and document the progress state and local governments have
 made in reducing such use among [minors] THOSE UNDER TWENTY-ONE YEARS OF
 AGE.
   1. The interim tobacco control report. The commissioner  shall  submit
 to the governor and the legislature an interim tobacco control report on
 or  before  September first, nineteen hundred ninety-eight. Such interim
 report shall, to the extent practicable, include the following  informa-
 tion on a county by county basis:
   (a) number of licensed and registered tobacco retailers and vendors;
   (b)  the  names  and  addresses of retailers and vendors who have paid
 fines, or have been otherwise penalized, due to enforcement actions;
   (c) the number of complaints filed  against  licensed  and  registered
 tobacco retailers;
   (d)  the  number  of  fires caused or believed to be caused by tobacco
 products and deaths and injuries resulting therefrom;
   (e) the number and type of compliance checks conducted; and
   (f) such other information as the commissioner deems appropriate.
   2. The commissioner shall submit to the governor and  the  legislature
 an annual tobacco AND VAPOR PRODUCTS, INTENDED OR REASONABLY EXPECTED TO
 BE  USED  WITH  OR FOR THE CONSUMPTION OF NICOTINE, control report which
 shall describe the extent of the  use  of  tobacco  products  AND  VAPOR
 PRODUCTS,  INTENDED  OR  REASONABLY  EXPECTED TO BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE, by [minors] THOSE UNDER TWENTY-ONE YEARS OF AGE
 in the state and document the progress state and local governments  have

 S. 7506--B                         203                        A. 9506--B
 
 made in reducing such use among [minors] THOSE UNDER TWENTY-ONE YEARS OF
 AGE.    The  annual  report  shall  be submitted to the governor and the
 legislature on or before March thirty-first of each  year  beginning  on
 March  thirty-first,  nineteen  hundred ninety-nine.   The annual report
 shall, to the extent practicable, include the following information on a
 county by county basis:
   (a) number of licensed and registered tobacco  retailers  and  vendors
 AND LICENSED VAPOR PRODUCTS DEALERS;
   (b)  the  names  and  addresses of retailers and vendors who have paid
 fines, or have been otherwise penalized, due to enforcement actions;
   (c) the number of complaints filed  against  licensed  and  registered
 tobacco retailers AND LICENSED VAPOR PRODUCTS DEALERS;
   (d)  the  number  of  fires caused or believed to be caused by tobacco
 products AND VAPOR PRODUCTS, INTENDED OR REASONABLY EXPECTED TO BE  USED
 WITH OR FOR THE CONSUMPTION OF NICOTINE, and deaths and injuries result-
 ing therefrom;
   (e) the number and type of compliance checks conducted;
   (f)  a  survey  of attitudes and behaviors regarding tobacco use among
 [minors] THOSE UNDER TWENTY-ONE YEARS OF AGE.  The initial  such  survey
 shall be deemed to constitute the baseline survey;
   (g)  the  number  of tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE,  users  and
 estimated  trends  in  tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE,  use  among
 [minors] THOSE UNDER TWENTY-ONE YEARS OF AGE;
   (h)  annual tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY EXPECTED
 TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, sales;
   (i) tax revenue collected from the sale of tobacco products AND  VAPOR
 PRODUCTS,  INTENDED  OR  REASONABLY  EXPECTED TO BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE;
   (j) the number of licensed tobacco retail outlets AND  LICENSED  VAPOR
 PRODUCTS DEALERS;
   (k) the number of cigarette vending machines;
   (l) the number and type of compliance checks;
   (m)  the  names  of  entities  that have paid fines due to enforcement
 actions; and
   (n) the number of complaints filed  against  licensed  tobacco  retail
 outlets AND LICENSED VAPOR PRODUCTS DEALERS.
   The  annual tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY EXPECTED
 TO BE USED WITH OR FOR  THE  CONSUMPTION  OF  NICOTINE,  control  report
 shall, to the extent practicable, include the following information: (a)
 tobacco  AND  VAPOR  PRODUCT, INTENDED OR REASONABLY EXPECTED TO BE USED
 WITH OR FOR THE CONSUMPTION OF NICOTINE, control  efforts  sponsored  by
 state  government  agencies  including  money  spent to educate [minors]
 THOSE UNDER TWENTY-ONE YEARS OF AGE on the hazards of tobacco AND  VAPOR
 PRODUCT,  INTENDED  OR  REASONABLY  EXPECTED  TO BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE, use;
   (b) recommendations for improving tobacco AND VAPOR PRODUCT,  INTENDED
 OR  REASONABLY  EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICO-
 TINE, control efforts in the state; and
   (c) such other information as the commissioner deems appropriate.
   § 11. The public health  law  is  amended  by  adding  a  new  section
 1399-ii-1 to read as follows:
   § 1399-II-1. ELECTRONIC CIGARETTE AND VAPING PREVENTION, AWARENESS AND
 CONTROL  PROGRAM.  THE  COMMISSIONER  SHALL, IN CONSULTATION AND COLLAB-
 ORATION WITH THE COMMISSIONER OF EDUCATION,  ESTABLISH  AND  DEVELOP  AN

 S. 7506--B                         204                        A. 9506--B
 
 ELECTRONIC  CIGARETTE  AND  VAPING  PREVENTION,  CONTROL  AND  AWARENESS
 PROGRAM WITHIN THE DEPARTMENT. SUCH PROGRAM SHALL BE DESIGNED TO EDUCATE
 STUDENTS, PARENTS AND SCHOOL PERSONNEL ABOUT THE HEALTH RISKS ASSOCIATED
 WITH  VAPOR PRODUCT USE AND CONTROL MEASURES TO REDUCE THE PREVALENCE OF
 VAPING, PARTICULARLY AMONG PERSONS LESS THAN TWENTY-ONE  YEARS  OF  AGE.
 SUCH  PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE CREATION OF AGE-
 APPROPRIATE INSTRUCTIONAL TOOLS AND MATERIALS THAT MAY BE  USED  BY  ALL
 SCHOOLS, AND MARKETING AND ADVERTISING MATERIALS TO DISCOURAGE ELECTRON-
 IC CIGARETTE USE.
   §  12. Section 1399-ii of the public health law, as amended by chapter
 256 of the laws of 2019, is amended to read as follows:
   § 1399-ii. Tobacco  AND  VAPOR  PRODUCT  use  prevention  and  control
 program.  1.  To improve the health, quality of life, and economic well-
 being of all New York state citizens, there is hereby established within
 the department a comprehensive statewide tobacco AND VAPOR  PRODUCT  use
 prevention and control program.
   2.  The  department  shall  support  tobacco  AND  VAPOR  PRODUCT  use
 prevention and control activities including, but not limited to:
   (a) Community programs to prevent and reduce tobacco use through local
 involvement and partnerships;
   (b) School-based programs to prevent and reduce tobacco use and use of
 [electronic cigarettes] VAPOR PRODUCTS;
   (c) Marketing and advertising to discourage tobacco, VAPOR PRODUCT and
 liquid nicotine use;
   (d) [Tobacco] NICOTINE cessation programs for youth and adults;
   (e) Special projects to reduce the disparities in  smoking  prevalence
 among various populations;
   (f) Restriction of youth access to tobacco products[, electronic ciga-
 rettes] and [liquid nicotine] VAPOR PRODUCTS;
   (g) Surveillance of smoking AND VAPING rates; and
   (h)  Any  other activities determined by the commissioner to be neces-
 sary to implement the provisions of this section.
   Such programs shall be selected by the commissioner through an  appli-
 cation process which takes into account whether a program utilizes meth-
 ods  recognized  as effective in reducing [smoking and tobacco] NICOTINE
 use. Eligible applicants may include, but not be limited  to,  a  health
 care  provider,  schools, a college or university, a local public health
 department, a public health organization, a health care provider  organ-
 ization,  association  or  society,  municipal corporation, or a profes-
 sional education organization.
   3. (a) There shall be established a tobacco use prevention and control
 advisory board to advise the commissioner on tobacco use prevention  and
 control  issues  and  [electronic  cigarette  and liquid nicotine] VAPOR
 PRODUCT use amongst [minors] PERSONS LESS THAN TWENTY-ONE YEARS OF  AGE,
 including methods to prevent and reduce tobacco use in the state.
   (b)  The  board  shall  consist  of  seventeen  members  who  shall be
 appointed as follows: nine members by the governor; three members by the
 speaker of the assembly; three members by the temporary president of the
 senate and one member each by the minority  leader  of  the  senate  and
 minority  leader  of the assembly. Any vacancy or subsequent appointment
 shall be filled in the same manner and by the same appointing  authority
 as  the  original  appointment.  The  chairperson  of the board shall be
 designated by the governor from among the members of the board.
   (c) The members shall serve for terms of two years commencing  on  the
 effective  date  of  this section. Members of the board shall receive no

 S. 7506--B                         205                        A. 9506--B
 
 compensation but shall be reimbursed for  reasonable  travel  and  other
 expenses incurred in the performance of their duties hereunder.
   (d)  The  board shall meet as often as it deems necessary, but no less
 than four times a year. No nominee to the board shall have any  past  or
 current  affiliation  with the tobacco industry, VAPOR PRODUCTS INDUSTRY
 or any industry, contractor, agent, or organization that engages in  the
 manufacturing, marketing, distributing, or sale of tobacco products. The
 board  shall  be  appointed  in full within ninety days of the effective
 date of this section.
   (e) The department shall prepare and submit to the  board  a  spending
 plan  for  the  tobacco  AND  VAPOR  PRODUCT  use prevention and control
 program authorized pursuant to the provisions of subdivision one of this
 section no later than thirty days after the submission of the budget  to
 the legislature.
   §  13.  The  public  health  law  is  amended  by adding a new section
 1399-dd-1 to read as follows:
   § 1399-DD-1. PUBLIC DISPLAY OF TOBACCO PRODUCT  AND  ELECTRONIC  CIGA-
 RETTE  ADVERTISEMENTS  AND  SMOKING  PARAPHERNALIA  PROHIBITED.  1.  FOR
 PURPOSES OF THIS SECTION:
   (A)  "ADVERTISEMENT"  MEANS  WORDS,  PICTURES,  PHOTOGRAPHS,  SYMBOLS,
 GRAPHICS OR VISUAL IMAGES OF ANY KIND, OR ANY COMBINATION THEREOF, WHICH
 BEAR A HEALTH WARNING REQUIRED BY FEDERAL STATUTE, THE PURPOSE OR EFFECT
 OF  WHICH  IS TO IDENTIFY A BRAND OF A TOBACCO PRODUCT, ELECTRONIC CIGA-
 RETTE, OR VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED  WITH
 OR  FOR  THE  CONSUMPTION OF NICOTINE, A TRADEMARK OF A TOBACCO PRODUCT,
 ELECTRONIC CIGARETTE, OR VAPOR PRODUCT INTENDED OR  REASONABLY  EXPECTED
 TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE OR A TRADE NAME ASSO-
 CIATED  EXCLUSIVELY  WITH  A  TOBACCO  PRODUCT, ELECTRONIC CIGARETTE, OR
 VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE OR TO PROMOTE THE USE OR SALE OF A TOBACCO PROD-
 UCT, ELECTRONIC CIGARETTE,  OR  VAPOR  PRODUCT  INTENDED  OR  REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE.
   (B)  "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH, ROLL-
 ING PAPERS, ELECTRONIC CIGARETTE, VAPORIZER OR ANY OTHER DEVICE,  EQUIP-
 MENT OR APPARATUS DESIGNED FOR THE INHALATION OF TOBACCO OR NICOTINE.
   (C)  "VAPOR  PRODUCT"  MEANS  ANY VAPOR PRODUCT, AS DEFINED BY SECTION
 THIRTEEN HUNDRED NINETY-NINE-AA OF THIS ARTICLE, INTENDED OR  REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE.
   (D)  "TOBACCO  PRODUCTS" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
 FIVE OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THIS ARTICLE.
   (E) "ELECTRONIC CIGARETTE" SHALL HAVE THE SAME MEANING AS IN  SUBDIVI-
 SION  THIRTEEN  OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THIS ARTI-
 CLE.
   2. (A) NO PERSON, CORPORATION, PARTNERSHIP, SOLE  PROPRIETOR,  LIMITED
 PARTNERSHIP,  ASSOCIATION  OR ANY OTHER BUSINESS ENTITY MAY PLACE, CAUSE
 TO BE PLACED, MAINTAIN OR TO CAUSE TO BE MAINTAINED,  SMOKING  PARAPHER-
 NALIA  OR  TOBACCO  PRODUCT,  ELECTRONIC  CIGARETTE,  OR  VAPOR  PRODUCT
 INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR  THE  CONSUMPTION
 OF  NICOTINE  ADVERTISEMENTS  IN A STORE FRONT OR EXTERIOR WINDOW OR ANY
 DOOR WHICH IS USED FOR ENTRY OR EGRESS BY THE PUBLIC TO THE BUILDING  OR
 STRUCTURE  CONTAINING  A  PLACE  OF  BUSINESS  WITHIN  ONE THOUSAND FIVE
 HUNDRED FEET OF A SCHOOL, PROVIDED THAT WITHIN NEW YORK CITY SUCH PROHI-
 BITIONS SHALL ONLY APPLY WITHIN FIVE HUNDRED FEET OF A SCHOOL.
   (B) ANY PERSON, CORPORATION,  PARTNERSHIP,  SOLE  PROPRIETOR,  LIMITED
 PARTNERSHIP,  ASSOCIATION  OR  ANY OTHER BUSINESS ENTITY IN VIOLATION OF
 THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE  THAN  FIVE

 S. 7506--B                         206                        A. 9506--B
 
 HUNDRED  DOLLARS  FOR  A  FIRST VIOLATION AND NOT MORE THAN ONE THOUSAND
 DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION.
   §  14.  The  general  business  law is amended by adding a new section
 396-aaa to read as follows:
   § 396-AAA. PUBLIC DISPLAY OF TOBACCO AND ELECTRONIC  CIGARETTE  ADVER-
 TISEMENTS  AND SMOKING PARAPHERNALIA PROHIBITED. 1. FOR PURPOSES OF THIS
 SECTION:
   (A)  "ADVERTISEMENT"  MEANS  WORDS,  PICTURES,  PHOTOGRAPHS,  SYMBOLS,
 GRAPHICS OR VISUAL IMAGES OF ANY KIND, OR ANY COMBINATION THEREOF, WHICH
 BEAR A HEALTH WARNING REQUIRED BY FEDERAL STATUTE, THE PURPOSE OR EFFECT
 OF  WHICH  IS TO IDENTIFY A BRAND OF A TOBACCO PRODUCT, ELECTRONIC CIGA-
 RETTE, OR VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED  WITH
 OR  FOR  THE  CONSUMPTION OF NICOTINE, A TRADEMARK OF A TOBACCO PRODUCT,
 ELECTRONIC CIGARETTE, OR VAPOR PRODUCT INTENDED OR  REASONABLY  EXPECTED
 TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE OR A TRADE NAME ASSO-
 CIATED  EXCLUSIVELY  WITH  A  TOBACCO  PRODUCT, ELECTRONIC CIGARETTE, OR
 VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE, OR TO PROMOTE THE USE  OR  SALE  OF  A  TOBACCO
 PRODUCT,  ELECTRONIC  CIGARETTE, OR VAPOR PRODUCT INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE.
   (B) "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH,  ROLL-
 ING  PAPERS, ELECTRONIC CIGARETTE, VAPORIZER OR ANY OTHER DEVICE, EQUIP-
 MENT OR APPARATUS DESIGNED FOR THE INHALATION OF TOBACCO OR NICOTINE.
   (C) "VAPOR PRODUCT" MEANS ANY VAPOR PRODUCT,  AS  DEFINED  BY  SECTION
 THIRTEEN  HUNDRED  NINETY-NINE-AA  OF THE PUBLIC HEALTH LAW, INTENDED OR
 REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE.
   (D) "TOBACCO PRODUCTS" SHALL HAVE THE SAME MEANING AS  IN  SUBDIVISION
 FIVE  OF  SECTION  THIRTEEN  HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH
 LAW.
   (E) "ELECTRONIC CIGARETTE" SHALL HAVE THE SAME MEANING AS IN  SUBDIVI-
 SION  THIRTEEN  OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THE PUBLIC
 HEALTH LAW.
   2. (A) NO PERSON, CORPORATION, PARTNERSHIP, SOLE  PROPRIETOR,  LIMITED
 PARTNERSHIP,  ASSOCIATION  OR ANY OTHER BUSINESS ENTITY MAY PLACE, CAUSE
 TO BE PLACED, MAINTAIN OR TO CAUSE TO BE MAINTAINED,  SMOKING  PARAPHER-
 NALIA  OR  TOBACCO  PRODUCT,  ELECTRONIC  CIGARETTE,  OR  VAPOR  PRODUCT
 INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR  THE  CONSUMPTION
 OF  NICOTINE,  ADVERTISEMENTS IN A STORE FRONT OR ANY EXTERIOR WINDOW OR
 ANY DOOR WHICH IS USED FOR ENTRY OR EGRESS BY THE PUBLIC TO THE BUILDING
 OR STRUCTURE CONTAINING A PLACE OF BUSINESS  WITHIN  ONE  THOUSAND  FIVE
 HUNDRED FEET OF A SCHOOL, PROVIDED THAT WITHIN NEW YORK CITY SUCH PROHI-
 BITIONS SHALL ONLY APPLY WITHIN FIVE HUNDRED FEET OF A SCHOOL.
   (B)  ANY  PERSON,  CORPORATION,  PARTNERSHIP, SOLE PROPRIETOR, LIMITED
 PARTNERSHIP, ASSOCIATION OR ANY OTHER BUSINESS ENTITY  IN  VIOLATION  OF
 THIS  SECTION  SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE
 HUNDRED DOLLARS FOR A FIRST VIOLATION AND NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION.
   §  15.  If any clause, sentence, paragraph, subdivision, or section of
 this part shall be adjudged by any court of competent jurisdiction to be
 invalid, such judgment shall  not  affect,  impair,  or  invalidate  the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence,  paragraph,  subdivision, or section thereof directly involved
 in the controversy in which such judgment shall have been  rendered.  It
 is  hereby  declared  to  be the intent of the legislature that this act
 would have been enacted even if such invalid  provisions  had  not  been
 included herein.

 S. 7506--B                         207                        A. 9506--B
 
   § 16. This act shall take effect July 1, 2020; provided, however, that
 section  one  of this act shall take effect on the forty-fifth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
                                  PART FF
 
   Section 1. Subdivision 1 of section 356 of the public health  law,  as
 amended  by  chapter  163  of  the  laws  of 1975, is amended to read as
 follows:
   1. The legislative body of each county having  a  population  of  less
 than one hundred fifty thousand according to the nineteen hundred seven-
 ty  federal decennial census or the legislative body of any county whose
 population shall be less than  one  hundred  fifty  thousand  under  any
 future  federal  decennial  census, except a county in which a county or
 part-county health district has been established under this article or a
 county having a county charter, optional or alternative form of  govern-
 ment, shall constitute the board of health of such county and shall have
 all the powers and duties of a board of health of a county or part-coun-
 ty  health  district including the power to appoint a full-time or part-
 time county health director.  The county health director  may  serve  as
 director  of  the [physically handicapped children's] CHILDREN AND YOUTH
 WITH SPECIAL HEALTH CARE NEEDS SUPPORT SERVICES program and  may  employ
 such  persons  as  shall  be necessary to enable [him] THE COUNTY HEALTH
 DIRECTOR to carry into effect the orders and regulations of the board of
 health and the provisions of this chapter and of the sanitary code,  and
 fix  their compensation within the limits of the appropriation therefor.
 The members of a [legsiative] LEGISLATIVE body shall not  receive  addi-
 tional  compensation  by  reason  of  serving  as  members of a board of
 health. The county health director, so appointed,  shall  have  all  the
 powers  and duties prescribed in section three hundred fifty-two of this
 [article] TITLE.
   § 2. The section heading and subdivisions 1 and 2 of  section  608  of
 the  public health law, as added by chapter 901 of the laws of 1986, are
 amended to read as follows:
   State aid; [physically handicapped children] CHILDREN AND  YOUTH  WITH
 SPECIAL HEALTH CARE NEEDS SUPPORT SERVICES.  1. Whenever the commission-
 er of health of any county or part-county health district or, in a coun-
 ty lacking a county or part-county health district, the medical director
 of  the  [physically  handicapped  children's]  CHILDREN  AND YOUTH WITH
 SPECIAL HEALTH CARE NEEDS SUPPORT SERVICES program, or the department of
 health of the city of New York,  issues  an  authorization  for  medical
 service for a [physically handicapped] child WITH PHYSICAL DISABILITIES,
 such  county  or  the  city of New York shall be granted state aid in an
 amount of fifty per centum of the amount expended in accordance with the
 rules and regulations established by the commissioner, except that  such
 state  aid  reimbursement  may be withheld if, on post-audit and review,
 the commissioner finds that the medical service rendered  and  furnished
 was  not  in  conformance  with a plan submitted by the municipality and
 with the rules and regulations established by the commissioner  or  that
 the  recipient of the medical service was not a [physically handicapped]
 child WITH A PHYSICAL DISABILITY as defined in section two thousand five
 hundred eighty-one of this chapter.

 S. 7506--B                         208                        A. 9506--B
 
   2. Whenever a court of any county issues an order for medical services
 for  any  [physically  handicapped]  Indian  child   WITH   A   PHYSICAL
 DISABILITY,  residing  on  an  Indian  reservation, such county shall be
 granted state aid in the amount of one hundred  percent  of  the  amount
 expended in accordance with the standards established by the commission-
 er.  Such reimbursement shall be made from any funds appropriated to the
 department for payment of state aid for [care of physically handicapped]
 children WITH PHYSICAL DISABILITIES.
   § 3. Subdivision 10 of section 2511  of  the  public  health  law,  as
 amended by chapter 2 of the laws of 1998, is amended to read as follows:
   10.  Notwithstanding  any  other law or agreement to the contrary, and
 except in the case of a child or children who also becomes eligible  for
 medical  assistance,  benefits  under  this  title  shall  be considered
 secondary to any other plan of insurance or benefit program, except  the
 [physically  handicapped  children's]  CHILDREN  AND  YOUTH WITH SPECIAL
 HEALTH CARE NEEDS SUPPORT SERVICES program and  the  early  intervention
 program, under which an eligible child may have coverage.
   § 4. This act shall take effect immediately.
 
                                  PART GG

   Section  1.  Paragraph  (e)  of  subdivision 7 of section 367-a of the
 social services law, as amended by section 5-a of part T of  chapter  57
 of the laws of 2018, is amended to read as follows:
   (e)  During  the period from April first, two thousand fifteen through
 March thirty-first, two thousand [twenty] TWENTY-THREE, the commissioner
 may, in lieu of a managed care provider  OR  PHARMACY  BENEFIT  MANAGER,
 negotiate  directly  and  enter  into  an [agreement] ARRANGEMENT with a
 pharmaceutical manufacturer for the provision  of  supplemental  rebates
 relating  to  pharmaceutical  utilization  by  enrollees of managed care
 providers pursuant to section three hundred sixty-four-j of  this  title
 and  may also negotiate directly and enter into such an agreement relat-
 ing to pharmaceutical utilization by medical assistance  recipients  not
 so  enrolled.  Such  [rebates]  REBATE  ARRANGEMENTS shall be limited to
 [drug utilization in] the following [classes]: antiretrovirals  approved
 by the FDA for the treatment of HIV/AIDS [and], OPIOID DEPENDENCE AGENTS
 AND  OPIOID  ANTAGONISTS  LISTED  IN  A  STATEWIDE FORMULARY ESTABLISHED
 PURSUANT TO SUBPARAGRAPH (VII) OF THIS PARAGRAPH,  hepatitis  C  agents,
 HIGH  COST  DRUGS  AS  PROVIDED FOR IN SUBPARAGRAPH (VIII) OF THIS PARA-
 GRAPH, GENE THERAPIES AS PROVIDED FOR IN SUBPARAGRAPH (IX) OF THIS PARA-
 GRAPH, AND ANY OTHER CLASS OR DRUG DESIGNATED BY  THE  COMMISSIONER  for
 which the pharmaceutical manufacturer has in effect a rebate [agreement]
 ARRANGEMENT  with  the  federal  secretary  of health and human services
 pursuant to 42 U.S.C. § 1396r-8, and for which the state has established
 standard clinical criteria. No agreement entered into pursuant  to  this
 paragraph  shall  have an initial term or be extended beyond the expira-
 tion or repeal of this paragraph.
   (i) The manufacturer shall not [pay  supplemental  rebates  to]  ENTER
 INTO  ANY  REBATE ARRANGEMENTS WITH a managed care provider, or any of a
 managed care provider's agents, including but not limited to any pharma-
 cy benefit manager on the [two] GENE THERAPY, DRUG, OR DRUG classes  [of
 drugs]  subject  to this paragraph when the state [is collecting supple-
 mental rebates] HAS A REBATE ARRANGEMENT IN PLACE and standard  clinical
 criteria are imposed on the managed care provider.
   (ii)  The commissioner shall establish adequate rates of reimbursement
 which shall take into account both the impact of the commissioner  nego-

 S. 7506--B                         209                        A. 9506--B
 
 tiating  such  [rebates] ARRANGEMENTS and any limitations imposed on the
 managed care provider's ability to establish clinical criteria  relating
 to the utilization of such drugs. In developing the managed care provid-
 er's  reimbursement  rate, the commissioner shall identify the amount of
 reimbursement for such drugs as a separate and distinct  component  from
 the reimbursement otherwise made for prescription drugs as prescribed by
 this section.
   (iii)  The  commissioner shall submit a report to the temporary presi-
 dent of the senate and the speaker of the assembly annually by  December
 thirty-first.  The report shall analyze the adequacy of rates to managed
 care providers for drug expenditures related to the classes  under  this
 paragraph.
   (iv) Nothing in this paragraph shall be construed to require a pharma-
 ceutical  manufacturer  to  enter  into a [supplemental rebate agreement
 with the commissioner] REBATE ARRANGEMENT SATISFACTORY  TO  THE  COMMIS-
 SIONER  relating  to  pharmaceutical utilization by enrollees of managed
 care providers pursuant to section three hundred  sixty-four-j  of  this
 title  or  relating  to pharmaceutical utilization by medical assistance
 recipients not so enrolled.
   (v) All clinical criteria, including requirements for prior  approval,
 and  all  utilization  review determinations established by the state as
 described in this paragraph for [either of] the [drug]  GENE  THERAPIES,
 DRUGS,  OR  DRUG  classes  subject  to this paragraph shall be developed
 using evidence-based  and  peer-reviewed  clinical  review  criteria  in
 accordance with article two-A of the public health law, as applicable.
   (vi)  All  prior  authorization  and utilization review determinations
 related to the coverage of any drug subject to this paragraph  shall  be
 subject  to  article  forty-nine of the public health law, section three
 hundred sixty-four-j of this title, and article forty-nine of the insur-
 ance law, as applicable. Nothing in this paragraph  shall  diminish  any
 rights  relating  to  access, prior authorization, or appeal relating to
 any drug class or drug afforded to a recipient under any other provision
 of law.
   (VII) THE DEPARTMENT SHALL PUBLISH A  STATEWIDE  FORMULARY  OF  OPIOID
 DEPENDENCE  AGENTS  AND  OPIOID  ANTAGONISTS,  WHICH  SHALL  INCLUDE  AS
 "PREFERRED DRUGS" ALL DRUGS IN SUCH CLASSES,  WHICH  SHALL  INCLUDE  ALL
 SUBCLASSES  OF  A GIVEN DRUG THAT HAVE A DIFFERENT PHARMACOLOGICAL ROUTE
 OF ADMINISTRATION, PROVIDED THAT:
   (A) FOR ALL DRUGS THAT ARE INCLUDED AS OF THE DATE OF THE ENACTMENT OF
 THIS SUBPARAGRAPH ON A FORMULARY OF A MANAGED CARE PROVIDER, AS  DEFINED
 IN  SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, OR IN THE MEDICAID
 FEE-FOR-SERVICE PREFERRED DRUG PROGRAM PURSUANT TO SECTION  TWO  HUNDRED
 SEVENTY-TWO  OF  THE  PUBLIC  HEALTH LAW, THE COST TO THE DEPARTMENT FOR
 SUCH DRUG IS EQUAL TO OR LESS THAN THE LOWEST COST PAID FOR THE DRUG  BY
 ANY  MANAGED  CARE  PROVIDER  OR BY THE MEDICAID FEE-FOR-SERVICE PROGRAM
 AFTER THE APPLICATION OF ANY REBATES, AS OF THE DATE THAT THE DEPARTMENT
 IMPLEMENTS THE STATEWIDE FORMULARY  ESTABLISHED  BY  THIS  SUBPARAGRAPH.
 WHERE  THERE  IS  A GENERIC VERSION OF THE DRUG APPROVED BY THE FOOD AND
 DRUG ADMINISTRATION AS BIOEQUIVALENT TO A BRAND NAME DRUG PURSUANT TO 21
 U.S.C. § 355(J)(8)(B), THE COST TO THE  DEPARTMENT  FOR  THE  BRAND  AND
 GENERIC  VERSIONS  SHALL  BE  EQUAL TO OR LESS THAN THE LOWER OF THE TWO
 MAXIMUM COSTS DETERMINED PURSUANT TO THE PREVIOUS SENTENCE; AND
   (B) FOR ALL DRUGS THAT ARE NOT INCLUDED AS OF THE DATE OF  THE  ENACT-
 MENT  OF THIS SUBPARAGRAPH ON A FORMULARY OF A MANAGED CARE PROVIDER, AS
 DEFINED IN SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, OR  IN  THE
 MEDICAID  FEE-FOR-SERVICE PREFERRED DRUG PROGRAM PURSUANT TO SECTION TWO

 S. 7506--B                         210                        A. 9506--B
 
 HUNDRED SEVENTY-TWO OF THE PUBLIC HEALTH LAW, THE DEPARTMENT IS ABLE  TO
 OBTAIN  THE DRUG AT A COST THAT IS EQUAL TO OR LESS THAN THE LOWEST COST
 TO THE DEPARTMENT OF OTHER COMPARABLE DRUGS  IN  THE  CLASS,  AFTER  THE
 APPLICATION OF ANY REBATES. WHERE THERE IS A GENERIC VERSION OF THE DRUG
 APPROVED BY THE FOOD AND DRUG ADMINISTRATION AS BIOEQUIVALENT TO A BRAND
 NAME  DRUG PURSUANT TO 21 U.S.C. § 355(J)(8)(B), THE COST TO THE DEPART-
 MENT FOR THE BRAND AND GENERIC VERSIONS SHALL BE EQUAL TO OR  LESS  THAN
 THE  LOWER  OF THE TWO MAXIMUM COSTS DETERMINED PURSUANT TO THE PREVIOUS
 SENTENCE.
   (VIII) THE COMMISSIONER MAY IDENTIFY AND REFER  HIGH  COST  DRUGS,  AS
 DEFINED  IN CLAUSE (D) OF THIS SUBPARAGRAPH, THAT ARE NOT INCLUDED AS OF
 THE DATE OF THE ENACTMENT OF THIS  SUBPARAGRAPH  ON  A  FORMULARY  OF  A
 MANAGED  CARE  PROVIDER  OR  COVERED  BY THE MEDICAID FEE FOR SERVICE OF
 PROGRAM TO THE DRUG UTILIZATION  REVIEW  BOARD  ESTABLISHED  BY  SECTION
 THREE  HUNDRED  SIXTY-NINE-BB OF THIS ARTICLE FOR A RECOMMENDATION AS TO
 WHETHER A TARGET SUPPLEMENTAL MEDICAID REBATE  SHOULD  BE  PAID  BY  THE
 MANUFACTURER  OF THE DRUG TO THE DEPARTMENT AND THE TARGET AMOUNT OF THE
 REBATE.
   (A) IF THE COMMISSIONER INTENDS TO REFER A HIGH COST DRUG TO THE  DRUG
 UTILIZATION REVIEW BOARD PURSUANT TO THIS SUBPARAGRAPH, THE COMMISSIONER
 SHALL  NOTIFY  THE  MANUFACTURER OF SUCH DRUG AND SHALL ATTEMPT TO REACH
 AGREEMENT WITH THE MANUFACTURER ON A REBATE ARRANGEMENT SATISFACTORY  TO
 THE  COMMISSIONER  FOR  THE DRUG PRIOR TO REFERRING THE DRUG TO THE DRUG
 UTILIZATION REVIEW BOARD FOR REVIEW. SUCH ARRANGEMENT MAY  BE  BASED  ON
 EVIDENCE  BASED  RESEARCH,  INCLUDING, BUT NOT LIMITED TO, SUCH RESEARCH
 OPERATED OR CONDUCTED BY OR FOR OTHER  STATE  GOVERNMENTS,  THE  FEDERAL
 GOVERNMENT,  THE GOVERNMENTS OF OTHER NATIONS, AND THIRD PARTY PAYERS OR
 MULTI-STATE COALITIONS,  PROVIDED  HOWEVER  THAT  THE  DEPARTMENT  SHALL
 ACCOUNT FOR THE EFFECTIVENESS OF THE DRUG IN TREATING THE CONDITIONS FOR
 WHICH  IT  IS  PRESCRIBED OR IN IMPROVING A PATIENT'S HEALTH, QUALITY OF
 LIFE, OR OVERALL HEALTH OUTCOMES, AND THE LIKELIHOOD  THAT  USE  OF  THE
 DRUG WILL REDUCE THE NEED FOR OTHER MEDICAL CARE, INCLUDING HOSPITALIZA-
 TION.
   (B)  IN  THE  EVENT  THAT  THE  COMMISSIONER AND THE MANUFACTURER HAVE
 PREVIOUSLY AGREED TO A REBATE ARRANGEMENT FOR A DRUG  PURSUANT  TO  THIS
 PARAGRAPH, THE DRUG SHALL NOT BE REFERRED TO THE DRUG UTILIZATION REVIEW
 BOARD  FOR ANY FURTHER REBATE AGREEMENT FOR THE DURATION OF THE PREVIOUS
 REBATE AGREEMENT, PROVIDED HOWEVER, THE COMMISSIONER MAY REFER A DRUG TO
 THE DRUG UTILIZATION REVIEW BOARD IF THE COMMISSIONER  DETERMINES  THERE
 ARE  SIGNIFICANT  AND  SUBSTANTIATED  UTILIZATION OR MARKET CHANGES, NEW
 EVIDENCE-BASED RESEARCH, OR STATUTORY OR FEDERAL REGULATORY CHANGES THAT
 WARRANT ADDITIONAL REBATES. IN SUCH CASES, THE DEPARTMENT  SHALL  NOTIFY
 THE  MANUFACTURER  AND  PROVIDE EVIDENCE OF THE CHANGES OR RESEARCH THAT
 WOULD WARRANT ADDITIONAL REBATES, AND SHALL ATTEMPT TO  REACH  AGREEMENT
 WITH  THE  MANUFACTURER  ON A REBATE FOR THE DRUG PRIOR TO REFERRING THE
 DRUG TO THE DRUG UTILIZATION REVIEW BOARD FOR REVIEW.
   (C) IF THE COMMISSIONER IS UNSUCCESSFUL  IN  ENTERING  INTO  A  REBATE
 ARRANGEMENT  WITH  THE  MANUFACTURER  OF  THE  DRUG  SATISFACTORY TO THE
 DEPARTMENT, THE DRUG MANUFACTURER SHALL IN THAT  EVENT  BE  REQUIRED  TO
 PROVIDE TO THE DEPARTMENT, ON A STANDARD REPORTING FORM DEVELOPED BY THE
 DEPARTMENT,  THE  INFORMATION AS DESCRIBED IN SUBDIVISION SIX OF SECTION
 TWO HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW.  ALL INFORMATION  DISCLOSED
 PURSUANT  TO  THIS CLAUSE SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT
 BE DISCLOSED BY THE DEPARTMENT IN A  FORM  THAT  IDENTIFIES  A  SPECIFIC
 MANUFACTURER OR PRICES CHARGED FOR DRUGS BY SUCH MANUFACTURER.

 S. 7506--B                         211                        A. 9506--B
 
   (D)  FOR  THE PURPOSES OF THIS SUBPARAGRAPH, THE TERM "HIGH COST DRUG"
 SHALL MEAN A BRAND NAME DRUG OR BIOLOGIC THAT  HAS  A  LAUNCH  WHOLESALE
 ACQUISITION  COST  OF THIRTY THOUSAND DOLLARS OR MORE PER YEAR OR COURSE
 OF TREATMENT, OR A BIOSIMILAR DRUG THAT HAS A LAUNCH WHOLESALE  ACQUISI-
 TION COST THAT IS NOT AT LEAST FIFTEEN PERCENT LOWER THAN THE REFERENCED
 BRAND BIOLOGIC AT THE TIME THE BIOSIMILAR IS LAUNCHED, OR A GENERIC DRUG
 THAT HAS A WHOLESALE ACQUISITION COST OF ONE HUNDRED DOLLARS OR MORE FOR
 A  THIRTY  DAY SUPPLY OR RECOMMENDED DOSAGE APPROVED FOR LABELING BY THE
 FEDERAL FOOD AND DRUG ADMINISTRATION, OR A BRAND NAME DRUG  OR  BIOLOGIC
 THAT HAS A WHOLESALE ACQUISITION COST INCREASE OF THREE THOUSAND DOLLARS
 OR  MORE IN ANY TWELVE-MONTH PERIOD, OR COURSE OF TREATMENT IF LESS THAN
 TWELVE MONTHS.
   (IX) FOR PURPOSES OF THIS PARAGRAPH, A "GENE THERAPY" IS  A  DRUG  (A)
 APPROVED  UNDER  SECTION 505 OF THE FEDERAL FOOD, DRUG AND COSMETICS ACT
 OR LICENSED UNDER SUBSECTION (A) OR (K) OF SECTION  351  OF  THE  PUBLIC
 HEALTH  SERVICES  ACT;  (B)  THAT TREATS A RARE DISEASE OR CONDITION, AS
 DEFINED IN 21 USC § 360BB(A)(2), THAT IS LIFE-THREATENING, AS DEFINED IN
 42 CFR 321.18; (C) IS CONSIDERED A GENE THERAPY BY THE FEDERAL FOOD  AND
 DRUG  ADMINISTRATION  FOR  WHICH  A BIOLOGICS LICENSE PURSUANT TO 21 CFR
 600-680 IS HELD; (D) IF ADMINISTERED IN ACCORDANCE WITH THE LABELING  OF
 SUCH  DRUG,  IS EXPECTED TO RESULT IN EITHER THE CURE OF SUCH DISEASE OR
 CONDITION OR A REDUCTION IN THE SYMPTOMS OF SUCH  DISEASE  OR  CONDITION
 THAT  MATERIALLY  IMPROVES  THE PATIENT'S LENGTH OR QUALITY OF LIFE; AND
 (E) IS EXPECTED TO ACHIEVE THE RESULT DESCRIBED IN CLAUSE  (D)  OF  THIS
 SUBPARAGRAPH AFTER NOT MORE THAN THREE ADMINISTRATIONS.
   §  2.  Paragraph  (a)  of  subdivision  3 of section 273 of the public
 health law, as added by section 10 of part C of chapter 58 of  the  laws
 of  2005,  is  amended  and  a  new  paragraph (a-1) is added to read as
 follows:
   (a) When a patient's health care provider  prescribes  a  prescription
 drug  that  is not on the preferred drug list OR THE STATEWIDE FORMULARY
 OF OPIOID DEPENDENCE AGENTS AND OPIOID ANTAGONISTS ESTABLISHED  PURSUANT
 TO  SUBPARAGRAPH  (VII) OF PARAGRAPH (E) OF SUBDIVISION SEVEN OF SECTION
 THREE HUNDRED SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW,  the  prescriber
 shall  consult with the program to confirm that in his or her reasonable
 professional judgment, the patient's clinical  condition  is  consistent
 with  the criteria for approval of the non-preferred drug. Such criteria
 shall include:
   (i) the preferred drug has been tried by the patient and has failed to
 produce the desired health outcomes;
   (ii) the patient has tried the  preferred  drug  and  has  experienced
 unacceptable side effects;
   (iii)  the  patient  has  been  stabilized on a non-preferred drug and
 transition to the preferred drug would be medically contraindicated; or
   (iv) other clinical indications identified by the [committee  for  the
 patient's  use  of the non-preferred drug] DRUG UTILIZATION REVIEW BOARD
 ESTABLISHED PURSUANT TO  SECTION  THREE  HUNDRED  SIXTY-NINE-BB  OF  THE
 SOCIAL  SERVICES  LAW,  which shall include consideration of the medical
 needs of special populations, including children,  elderly,  chronically
 ill,  persons  with  mental  health  conditions, and persons affected by
 HIV/AIDS, PREGNANT PERSONS, AND PERSONS WITH AN OPIOID USE DISORDER.
   (A-1) WHEN A PATIENT'S HEALTH CARE PROVIDER PRESCRIBES A  PRESCRIPTION
 DRUG  THAT IS ON THE STATEWIDE FORMULARY OF OPIOID DEPENDENCE AGENTS AND
 OPIOID ANTAGONISTS ESTABLISHED PURSUANT TO SUBPARAGRAPH (VII)  OF  PARA-
 GRAPH (E) OF SUBDIVISION SEVEN OF SECTION THREE HUNDRED SIXTY-SEVEN-A OF
 THE SOCIAL SERVICES LAW, THE DEPARTMENT SHALL NOT REQUIRE PRIOR AUTHORI-

 S. 7506--B                         212                        A. 9506--B
 
 ZATION  UNLESS  REQUIRED  BY  THE  DEPARTMENT'S  DRUG USE REVIEW PROGRAM
 ESTABLISHED PURSUANT TO SECTION 1927(G) OF THE SOCIAL SECURITY ACT.
   §  3.  The  opening  paragraph  of  paragraph  (a) of subdivision 6 of
 section 280 of the public health law, as amended by section 8 of part  D
 of chapter 57 of the laws of 2018, is amended to read as follows:
   If the drug utilization review board recommends a target rebate amount
 OR IF THE COMMISSIONER IDENTIFIES A DRUG AS A HIGH COST DRUG PURSUANT TO
 SUBPARAGRAPH  (VII)  OF  PARAGRAPH (E) OF SUBDIVISION 7 OF SECTION THREE
 HUNDRED SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW and the  department  is
 unsuccessful  in entering into a rebate [agreement] ARRANGEMENT with the
 manufacturer of the  drug  satisfactory  to  the  department,  the  drug
 manufacturer  shall  in that event be required to provide to the depart-
 ment, on a standard reporting form  developed  by  the  department,  the
 following information:
   §  4.  Paragraph  (a)  of  subdivision  7 of section 280 of the public
 health law, as amended by section 8 of part B of chapter 57 of the  laws
 of 2019, is amended to read as follows:
   (a) If, after taking into account all rebates and supplemental rebates
 received  by the department, including rebates received to date pursuant
 to this section, total Medicaid drug expenditures are still projected to
 exceed the annual growth limitation imposed by subdivision two  of  this
 section,  the  commissioner  may:  subject  any  drug  of a manufacturer
 referred to the drug utilization review  board  under  this  section  to
 prior approval in accordance with existing processes and procedures when
 such manufacturer has not entered into a supplemental rebate [agreement]
 ARRANGEMENT  as  required by this section; DIRECT A MANAGED CARE PLAN TO
 LIMIT OR REDUCE REIMBURSEMENT FOR A DRUG PROVIDED BY A  MEDICAL  PRACTI-
 TIONER  IF  THE DRUG UTILIZATION REVIEW BOARD RECOMMENDS A TARGET REBATE
 AMOUNT FOR SUCH DRUG AND THE MANUFACTURER HAS FAILED  TO  ENTER  INTO  A
 REBATE  ARRANGEMENT  REQUIRED BY THIS SECTION; direct managed care plans
 to remove from  their  Medicaid  formularies  [those]  ANY  drugs  OF  A
 MANUFACTURER  WHO  HAS  A  DRUG  that  the drug utilization review board
 recommends a target rebate amount for and the manufacturer has failed to
 enter into a rebate [agreement] ARRANGEMENT required  by  this  section;
 promote the use of cost effective and clinically appropriate drugs other
 than  those  of  a manufacturer who has a drug that the drug utilization
 review board recommends a target rebate amount and the manufacturer  has
 failed  to  enter into a rebate [agreement] ARRANGEMENT required by this
 section; allow manufacturers to accelerate rebate payments under  exist-
 ing  rebate  contracts; and such other actions as authorized by law. The
 commissioner shall provide written notice to the legislature thirty days
 prior to taking action pursuant to  this  paragraph,  unless  action  is
 necessary  in the fourth quarter of a fiscal year to prevent total Medi-
 caid drug expenditures from exceeding the limitation imposed by subdivi-
 sion two of this section, in which case such notice to  the  legislature
 may be less than thirty days.
   §  5.  Section 364-j of the social services law is amended by adding a
 new subdivision 38 to read as follows:
   38. (A) WHEN A PATIENT'S HEALTH CARE  PROVIDER  PRESCRIBES  AN  OPIOID
 DEPENDENCE  AGENT  OR  OPIOID  ANTAGONIST  THAT  IS NOT ON THE STATEWIDE
 FORMULARY OF OPIOID DEPENDENCE AGENTS AND OPIOID ANTAGONISTS, THE  PRES-
 CRIBER  SHALL  CONSULT WITH THE MANAGED CARE PLAN TO CONFIRM THAT IN HIS
 OR HER REASONABLE PROFESSIONAL JUDGMENT, THE PATIENT'S  CLINICAL  CONDI-
 TION  IS  CONSISTENT WITH THE CRITERIA FOR APPROVAL OF THE NON-PREFERRED
 OR NON-FORMULARY DRUG. SUCH CRITERIA SHALL INCLUDE:

 S. 7506--B                         213                        A. 9506--B
 
   (I) THE PREFERRED DRUG HAS BEEN TRIED BY THE PATIENT AND HAS FAILED TO
 PRODUCE THE DESIRED HEALTH OUTCOMES;
   (II)  THE  PATIENT  HAS  TRIED  THE PREFERRED DRUG AND HAS EXPERIENCED
 UNACCEPTABLE SIDE EFFECTS;
   (III) THE PATIENT HAS BEEN STABILIZED  ON  A  NON-PREFERRED  DRUG  AND
 TRANSITION  TO  THE  PREFERRED  OR  FORMULARY  DRUG  WOULD  BE MEDICALLY
 CONTRAINDICATED; OR
   (IV) OTHER CLINICAL INDICATIONS IDENTIFIED BY THE  COMMITTEE  FOR  THE
 PATIENT'S  USE  OF THE NON-PREFERRED DRUG, WHICH SHALL INCLUDE CONSIDER-
 ATION OF THE MEDICAL NEEDS OF SPECIAL POPULATIONS,  INCLUDING  CHILDREN,
 ELDERLY, CHRONICALLY ILL, PERSONS WITH MENTAL HEALTH CONDITIONS, PERSONS
 AFFECTED BY HIV/AIDS AND PREGNANT PERSONS WITH A SUBSTANCE USE DISORDER.
   (B)  THE  MANAGED CARE PLAN SHALL HAVE A PROCESS FOR A PATIENT, OR THE
 PATIENT'S PRESCRIBING HEALTH CARE PROVIDER, TO REQUEST A  REVIEW  FOR  A
 PRESCRIPTION  DRUG  THAT  IS  NOT  ON  THE STATEWIDE FORMULARY OF OPIOID
 DEPENDENCE AGENTS AND OPIOID  ANTAGONISTS,  CONSISTENT  WITH  42  C.F.R.
 438.210(D), OR ANY SUCCESSOR REGULATION.
   (C)  A  MANAGED CARE PLAN'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF
 THIS SUBDIVISION SHALL BE SUBJECT TO A  ONE  THOUSAND  DOLLAR  FINE  PER
 VIOLATION.
   §  6.  Section 364-j of the social services law is amended by adding a
 new subdivision 26-c to read as follows:
   26-C. MANAGED CARE PROVIDERS SHALL NOT REQUIRE PRIOR AUTHORIZATION FOR
 METHADONE, WHEN  USED  FOR  OPIOID  USE  DISORDER  AND  ADMINISTERED  OR
 DISPENSED IN AN OPIOID TREATMENT PROGRAM.
   §  7. Subdivision 10 of section 273 of the public health law, as added
 by section 5 of part B of chapter 69 of the laws of 2016, is amended  to
 read as follows:
   10.  Prior  authorization  shall  not  be  required  for an initial or
 renewal prescription for  buprenorphine  or  injectable  naltrexone  for
 detoxification  or  maintenance treatment of opioid addiction unless the
 prescription is for a non-preferred or non-formulary form of  such  drug
 as  otherwise required by section 1927(k)(6) of the Social Security Act.
 FURTHER, PRIOR AUTHORIZATION SHALL NOT BE REQUIRED FOR  METHADONE,  WHEN
 USED  FOR OPIOID USE DISORDER AND ADMINISTERED OR DISPENSED IN AN OPIOID
 TREATMENT PROGRAM.
   § 8. Subdivision 1 of section 60 of part B of chapter 57 of  the  laws
 of  2015,  amending  the  social services law and other laws relating to
 supplemental rebates, as amended by section 5-b of part T of chapter  57
 of the laws of 2018, is amended to read as follows:
   1.  section  one of this act shall expire and be deemed repealed March
 31, [2023] 2026;
   § 9. Subdivision (c) of section 62 of chapter 165 of the laws of 1991,
 amending the public health law and other laws relating  to  establishing
 payments  for  medical assistance, as amended by section 16 of part Z of
 chapter 57 of the laws of 2018, is amended to read as follows:
   (c) section 364-j of the social services law, as  amended  by  section
 eight  of  this  act  and  subdivision  6 of section 367-a of the social
 services law as added by section twelve of this act shall expire and  be
 deemed  repealed on March 31, [2024] 2026 and provided further, that the
 amendments to the provisions of section 364-j of the social services law
 made by section eight of this act  shall  only  apply  to  managed  care
 programs approved on or after the effective date of this act;
   §  10.  Section  11  of  chapter 710 of the laws of 1988, amending the
 social services law and the education law relating to medical assistance
 eligibility of certain persons and providing for  managed  medical  care

 S. 7506--B                         214                        A. 9506--B
 
 demonstration programs, as amended by section 18 of part Z of chapter 57
 of the laws of 2018, is amended to read as follows:
   §  11.  This  act  shall  take  effect  immediately;  except  that the
 provisions of sections one, two, three, four, eight and ten of this  act
 shall take effect on the ninetieth day after it shall have become a law;
 and  except  that the provisions of sections five, six and seven of this
 act shall take effect January 1, 1989; and except that  effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective  date; provided, however, that the provisions of section 364-j
 of the social services law, as added by section one of  this  act  shall
 expire  and  be  deemed repealed on and after March 31, [2024] 2026, the
 provisions of section 364-k of the social  services  law,  as  added  by
 section  two  of  this act, except subdivision 10 of such section, shall
 expire and be deemed repealed on and after  January  1,  1994,  and  the
 provisions  of  subdivision  10  of section 364-k of the social services
 law, as added by section two of this act, shall  expire  and  be  deemed
 repealed on January 1, 1995.
   § 11. This act shall take effect immediately, provided however, that:
   a.  the  amendments to paragraph (e) of subdivision 7 of section 367-a
 of the social services law made by section one of  this  act  shall  not
 affect  the  repeal of such paragraph and shall be deemed expired there-
 with;
   b. the provisions of section two of this act shall  expire  March  31,
 2026, when upon such date the provisions of such section shall be deemed
 repealed;
   c.  the amendments to section 364-j of the social services law made by
 sections five and six of this act shall not affect the  repeal  of  such
 section and shall be deemed repealed therewith;
   d.  the  statewide  formulary  of  opioid dependence agents and opioid
 antagonists authorized by this  act  shall  be  implemented  within  six
 months after it shall have become a law;
   e.  Provided further, however, that the director of the budget may, in
 consultation with the commissioner of   health, delay   the    effective
 dates  prescribed  herein for a period of time which shall not exceed 90
 days following the conclusion or termination  of   an executive    order
 issued  pursuant  to  section  28 of the executive law declaring a state
 disaster emergency for the entire state of New York, upon such delay the
 director  of the budget shall notify the chairs of the assembly ways and
 means committee and senate finance  committee  and  the  chairs  of  the
 assembly  and  senate  health committee; provided further, however, that
 the director of the budget shall notify the  legislative  bill  drafting
 commission  upon the occurrence of a delay in the effective date of this
 act in order that the commission may maintain  an  accurate  and  timely
 effective data base of the official text of the laws of the state of New
 York  in furtherance of effectuating the provisions of section 44 of the
 legislative law and section 70-b of the public officers law.
 
                                  PART HH
 
   Section 1. Paragraphs (t), (v) and (w) of  subdivision  2  of  section
 2999-cc  of the public health law, paragraph (v) as added and paragraphs
 (t) and (w) as amended by section 1 of subpart C of part S of chapter 57
 of the laws of 2018, are amended and a new paragraph  (x)  is  added  to
 read as follows:

 S. 7506--B                         215                        A. 9506--B
 
   (t)  credentialed  alcoholism  and  substance abuse counselors creden-
 tialed by the  office  of  [alcoholism  and  substance  abuse  services]
 ADDICTION SERVICES AND SUPPORTS or by a credentialing entity approved by
 such office pursuant to section 19.07 of the mental hygiene law;
   (v)  clinics licensed or certified under article sixteen of the mental
 hygiene law and certified and non-certified day and residential programs
 funded or operated by the office for people with developmental disabili-
 ties; [and]
   (w) A CARE MANAGER EMPLOYED BY OR UNDER  CONTRACT  TO  A  HEALTH  HOME
 PROGRAM,  PATIENT CENTERED MEDICAL HOME, OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES CARE COORDINATION ORGANIZATION (CCO), HOSPICE  OR  A
 VOLUNTARY  FOSTER  CARE  AGENCY  CERTIFIED BY THE OFFICE OF CHILDREN AND
 FAMILY SERVICES CERTIFIED AND LICENSED PURSUANT TO ARTICLE TWENTY-NINE-I
 OF THIS CHAPTER; AND
   (X) any other provider as determined by the commissioner  pursuant  to
 regulation or, in consultation with the commissioner, by the commission-
 er  of  the  office  of mental health, the commissioner of the office of
 [alcoholism  and  substance  abuse  services]  ADDICTION  SERVICES   AND
 SUPPORTS,  or  the  commissioner  of the office for people with develop-
 mental disabilities pursuant to regulation.
   § 2. Subdivision 1 of section 2999-dd of the  public  health  law,  as
 amended by section 4 of subpart C of part S of chapter 57 of the laws of
 2018, is amended to read as follows:
   1.  Health  care  services  delivered  by means of telehealth shall be
 entitled to reimbursement under section three hundred  sixty-seven-u  of
 the  social services law; PROVIDED HOWEVER, REIMBURSEMENT FOR ADDITIONAL
 MODALITIES, PROVIDER  CATEGORIES  AND  ORIGINATING  SITES  SPECIFIED  IN
 ACCORDANCE WITH SECTION TWENTY-NINE HUNDRED NINETY-NINE-EE OF THIS ARTI-
 CLE SHALL BE CONTINGENT UPON FEDERAL FINANCIAL PARTICIPATION.
   §  3. The public health law is amended by adding a new section 2999-ee
 to read as follows:
   § 2999-EE. INCREASED APPLICATION OF TELEHEALTH. IN ORDER  TO  INCREASE
 THE  APPLICATION OF TELEHEALTH IN BEHAVIORAL HEALTH, ORAL HEALTH, MATER-
 NITY CARE, CARE MANAGEMENT, SERVICES PROVIDED IN EMERGENCY  DEPARTMENTS,
 AND  SERVICES  PROVIDED  TO  CERTAIN HIGH-NEED POPULATIONS TO THE EXTENT
 SUCH SERVICES ARE DEEMED APPROPRIATE FOR  THE  POPULATIONS  SERVED,  AND
 NOTWITHSTANDING THE DEFINITIONS SET FORTH IN SECTION TWENTY-NINE HUNDRED
 NINETY-NINE-CC OF THIS ARTICLE, IN CONSULTATION WITH THE COMMISSIONER OF
 THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES, THE COMMISSIONER OF THE
 OFFICE OF MENTAL HEALTH, THE COMMISSIONER OF  THE  OFFICE  OF  ADDICTION
 SERVICES AND SUPPORTS, OR THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL  DISABILITIES, AS APPLICABLE, THE COMMISSIONER MAY SPECIFY
 IN REGULATION ADDITIONAL  ACCEPTABLE  MODALITIES  FOR  THE  DELIVERY  OF
 HEALTH  CARE SERVICES VIA TELEHEALTH, INCLUDING BUT NOT LIMITED TO AUDI-
 O-ONLY TELEPHONE COMMUNICATIONS, ONLINE PORTALS AND SURVEY APPLICATIONS,
 AND MAY SPECIFY ADDITIONAL CATEGORIES OF ORIGINATING SITES  AT  WHICH  A
 PATIENT MAY BE LOCATED AT THE TIME HEALTH CARE SERVICES ARE DELIVERED TO
 THE  EXTENT  SUCH ADDITIONAL MODALITIES AND ORIGINATING SITES ARE DEEMED
 APPROPRIATE FOR THE POPULATIONS SERVED.
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in full force and effect on or after April 1, 2020. Provided
 further, however, that the director of the budget may,  in  consultation
 with  the  commissioner  of health, delay the effective dates prescribed
 herein for a period of time which shall not exceed ninety days following
 the conclusion or termination of an executive order issued  pursuant  to
 section 28 of the executive law declaring a state disaster emergency for

 S. 7506--B                         216                        A. 9506--B
 
 the entire state of New York, upon such delay the director of the budget
 shall  notify  the  chairs  of the assembly ways and means committee and
 senate finance committee and the  chairs  of  the  assembly  and  senate
 health  committee;  provided  further, however, that the director of the
 budget shall notify the legislative bill drafting  commission  upon  the
 occurrence  of  a  delay in the effective date of this act in order that
 the commission may maintain an accurate and timely effective  data  base
 of the official text of the laws of the state of New York in furtherance
 of  effectuating the provisions of section 44 of the legislative law and
 section 70-b of the public officers law.
 
                                  PART II
 
   Section 1. The commissioner of health is authorized to  establish  the
 following pilot programs in one or more counties or regions of the state
 for the purpose of promoting social determinant of health interventions:
 up  to  three  projects  targeted at the provision of medically tailored
 meals tailored to individuals diagnosed  with  cancer,  diabetes,  heart
 failure  and/or  HIV/AIDS  and who have had one or more hospitalizations
 within a year; up to five medical respite programs to  provide  care  to
 homeless  patients  who are too sick to be on the streets or in a tradi-
 tional shelter but not sick enough to warrant inpatient hospitalization;
 and a street medicine program to allow diagnostic and treatment  centers
 licensed  under  article 28 of the public health law to bill for certain
 services provided at offsite locations in order to serve the chronically
 street homeless population. The requirements for which programs  qualify
 as  "medically tailored meals," "medical respite," and "street medicine"
 will be further defined in the course of each pilot program with a focus
 on providing the most effective care to participants in the program.
   § 2. This act shall take effect September 1, 2020. Provided,  however,
 that  the  director  of the budget may, in consultation with the commis-
 sioner of health, delay the effective date prescribed herein for a peri-
 od of time which shall not exceed ninety days following  the  conclusion
 or  termination  of  an executive order issued pursuant to section 28 of
 the executive law declaring a state disaster emergency  for  the  entire
 state  of  New  York and that upon such delay the director of the budget
 shall notify the chairs of the assembly ways and means committee and the
 senate finance committee and the  chairs  of  the  assembly  and  senate
 health  committees;  provided further, however, that the director of the
 budget shall notify the legislative bill drafting  commission  upon  the
 occurrence  of  a  delay in the effective date of this act in order that
 the commission may maintain an accurate and timely effective  data  base
 of the official text of the laws of the state of New York in furtherance
 of  effectuating the provisions of section 44 of the legislative law and
 section 70-b of the public officers law.
 
                                  PART JJ
 
   Section 1. The state comptroller is hereby authorized and directed  to
 loan  money in accordance with the provisions set forth in subdivision 5
 of section 4 of the state finance law  to  the  following  funds  and/or
 accounts:
   1. DOL-Child performer protection account (20401).
   2. Proprietary vocational school supervision account (20452).
   3. Local government records management account (20501).
   4. Child health plus program account (20810).

 S. 7506--B                         217                        A. 9506--B
 
   5. EPIC premium account (20818).
   6. Education - New (20901).
   7. VLT - Sound basic education fund (20904).
   8.   Sewage  treatment  program  management  and  administration  fund
 (21000).
   9. Hazardous bulk storage account (21061).
   10. Utility environmental regulatory account (21064).
   11. Federal grants indirect cost recovery account (21065).
   12. Low level radioactive waste account (21066).
   13. Recreation account (21067).
   14. Public safety recovery account (21077).
   15. Environmental regulatory account (21081).
   16. Natural resource account (21082).
   17. Mined land reclamation program account (21084).
   18. Great lakes restoration initiative account (21087).
   19. Environmental protection and oil spill compensation fund (21200).
   20. Public transportation systems account (21401).
   21. Metropolitan mass transportation (21402).
   22. Operating permit program account (21451).
   23. Mobile source account (21452).
   24.  Statewide  planning  and  research  cooperative  system   account
 (21902).
   25. New York state thruway authority account (21905).
   26. Mental hygiene program fund account (21907).
   27. Mental hygiene patient income account (21909).
   28. Financial control board account (21911).
   29. Regulation of racing account (21912).
   30. State university dormitory income reimbursable account (21937).
   31. Criminal justice improvement account (21945).
   32. Environmental laboratory reference fee account (21959).
   33. Training, management and evaluation account (21961).
   34. Clinical laboratory reference system assessment account (21962).
   35. Indirect cost recovery account (21978).
   36. High school equivalency program account (21979).
   37. Multi-agency training account (21989).
   38. Bell jar collection account (22003).
   39. Industry and utility service account (22004).
   40. Real property disposition account (22006).
   41. Parking account (22007).
   42. Courts special grants (22008).
   43. Asbestos safety training program account (22009).
   44. Camp Smith billeting account (22017).
   45. Batavia school for the blind account (22032).
   46. Investment services account (22034).
   47. Surplus property account (22036).
   48. Financial oversight account (22039).
   49. Regulation of Indian gaming account (22046).
   50. Rome school for the deaf account (22053).
   51. Seized assets account (22054).
   52. Administrative adjudication account (22055).
   53. Federal salary sharing account (22056).
   54. New York City assessment account (22062).
   55. Cultural education account (22063).
   56. Local services account (22078).
   57. DHCR mortgage servicing account (22085).
   58. Housing indirect cost recovery account (22090).

 S. 7506--B                         218                        A. 9506--B
 
   59. DHCR-HCA application fee account (22100).
   60. Low income housing monitoring account (22130).
   61. Corporation administration account (22135).
   62.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
 account (22144).
   63. Deferred compensation administration account (22151).
   64. Rent revenue other New York City account (22156).
   65. Rent revenue account (22158).
   66. Tax revenue arrearage account (22168).
   67. New York state medical indemnity fund account (22240).
   68. State university general income offset account (22654).
   69. Lake George park trust fund account (22751).
   70. State police motor vehicle law enforcement account (22802).
   71. Highway safety program account (23001).
   72. DOH drinking water program account (23102).
   73. NYCCC operating offset account (23151).
   74. Commercial gaming revenue account (23701).
   75. Commercial gaming regulation account (23702).
   76. Highway use tax administration account (23801).
   77. New York state secure choice administrative account (23806).
   78. Fantasy sports administration account (24951).
   79. Highway and bridge capital account (30051).
   80. Aviation purpose account (30053).
   81. State university residence hall rehabilitation fund (30100).
   82. State parks infrastructure account (30351).
   83. Clean water/clean air implementation fund (30500).
   84. Hazardous waste remedial cleanup account (31506).
   85. Youth facilities improvement account (31701).
   86. Housing assistance fund (31800).
   87. Housing program fund (31850).
   88. Highway facility purpose account (31951).
   89. Information technology capital financing account (32215).
   90. New York racing account (32213).
   91. Capital miscellaneous gifts account (32214).
   92. New York environmental protection and  spill  remediation  account
 (32219).
   93. Mental hygiene facilities capital improvement fund (32300).
   94. Correctional facilities capital improvement fund (32350).
   95. New York State Storm Recovery Capital Fund (33000).
   96. OGS convention center account (50318).
   97. Empire Plaza Gift Shop (50327).
   98. Centralized services fund (55000).
   99. Archives records management account (55052).
   100. Federal single audit account (55053).
   101. Civil service EHS occupational health program account (55056).
   102. Banking services account (55057).
   103. Cultural resources survey account (55058).
   104. Neighborhood work project account (55059).
   105. Automation & printing chargeback account (55060).
   106. OFT NYT account (55061).
   107. Data center account (55062).
   108. Intrusion detection account (55066).
   109. Domestic violence grant account (55067).
   110. Centralized technology services account (55069).
   111. Labor contact center account (55071).
   112. Human services contact center account (55072).

 S. 7506--B                         219                        A. 9506--B
 
   113. Tax contact center account (55073).
   114. Department of law civil recoveries account (55074).
   115. Executive direction internal audit account (55251).
   116. CIO Information technology centralized services account (55252).
   117. Health insurance internal service account (55300).
   118.  Civil  service employee benefits division administrative account
 (55301).
   119. Correctional industries revolving fund (55350).
   120. Employees health insurance account (60201).
   121. Medicaid management information system escrow fund (60900).
   122. New York state cannabis revenue fund.
   123. Behavioral health parity compliance fund.
   § 1-a. The state comptroller is hereby authorized and directed to loan
 money in accordance with the provisions set forth in  subdivision  5  of
 section  4  of the state finance law to any account within the following
 federal funds, provided the comptroller has made  a  determination  that
 sufficient  federal grant award authority is available to reimburse such
 loans:
   1. Federal USDA-food and nutrition services fund (25000).
   2. Federal health and human services fund (25100).
   3. Federal education fund (25200).
   4. Federal block grant fund (25250).
   5. Federal miscellaneous operating grants fund (25300).
   6. Federal unemployment insurance administration fund (25900).
   7. Federal unemployment insurance occupational training fund (25950).
   8. Federal emergency employment act fund (26000).
   9. Federal capital projects fund (31350).
   § 2. Notwithstanding any law to the contrary, and in  accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, on
 or  before March 31, 2021, up to the unencumbered balance or the follow-
 ing amounts:
   Economic Development and Public Authorities:
   1. $175,000 from the miscellaneous special revenue  fund,  underground
 facilities safety training account (22172), to the general fund.
   2.  An  amount  up  to the unencumbered balance from the miscellaneous
 special revenue fund, business and licensing services  account  (21977),
 to the general fund.
   3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
 enforcement account (21904), to the general fund.
   4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
 revenue fund, tax revenue arrearage account (22168).
   Education:
   1.  $2,523,000,000  from  the  general fund to the state lottery fund,
 education account (20901), as reimbursement for disbursements made  from
 such  fund for supplemental aid to education pursuant to section 92-c of
 the state finance law that are in excess of  the  amounts  deposited  in
 such fund for such purposes pursuant to section 1612 of the tax law.
   2.  $978,000,000  from the general fund to the state lottery fund, VLT
 education account (20904), as reimbursement for disbursements made  from
 such  fund for supplemental aid to education pursuant to section 92-c of
 the state finance law that are in excess of  the  amounts  deposited  in
 such fund for such purposes pursuant to section 1612 of the tax law.
   3. $160,000,000 from the general fund to the New York state commercial
 gaming fund, commercial gaming revenue account (23701), as reimbursement
 for  disbursements made from such fund for supplemental aid to education

 S. 7506--B                         220                        A. 9506--B
 
 pursuant to section 97-nnnn of the state finance law that are in  excess
 of  the  amounts deposited in such fund for purposes pursuant to section
 1352 of the racing, pari-mutuel wagering and breeding law.
   4. $5,000,000 from the interactive fantasy sports fund, fantasy sports
 education  account (24950), to the state lottery fund, education account
 (20901), as reimbursement for disbursements  made  from  such  fund  for
 supplemental  aid  to  education  pursuant  to section 92-c of the state
 finance law.
   5. An amount up to the unencumbered balance from the charitable  gifts
 trust  fund,  elementary and secondary education account (24901), to the
 general fund, for payment of general support for public schools pursuant
 to section 3609-a of the education law.
   6. Moneys from the state lottery fund (20900) up to an amount deposit-
 ed in such fund pursuant to section 1612 of the tax law in excess of the
 current year appropriation for supplemental aid to education pursuant to
 section 92-c of the state finance law.
   7. $300,000 from the New York state local government  records  manage-
 ment  improvement  fund,  local  government  records  management account
 (20501), to the New York state archives partnership trust fund, archives
 partnership trust maintenance account (20351).
   8. $900,000 from the general fund to the miscellaneous special revenue
 fund, Batavia school for the blind account (22032).
   9. $900,000 from the general fund to the miscellaneous special revenue
 fund, Rome school for the deaf account (22053).
   10. $343,400,000 from  the  state  university  dormitory  income  fund
 (40350)  to  the  miscellaneous  special  revenue fund, state university
 dormitory income reimbursable account (21937).
   11. $8,318,000 from the general fund to the  state  university  income
 fund,  state  university  income offset account (22654), for the state's
 share of repayment of the STIP loan.
   12. $47,000,000 from the state university income fund, state universi-
 ty hospitals income reimbursable account (22656) to the general fund for
 hospital debt service for the period April 1,  2020  through  March  31,
 2021.
   13. $25,390,000 from the miscellaneous special revenue fund, office of
 the  professions  account (22051), to the miscellaneous capital projects
 fund, office of the professions electronic licensing account (32222).
   14. $24,000,000 from any of the state education  department's  special
 revenue  and internal service funds to the miscellaneous special revenue
 fund, indirect cost recovery account (21978).
   15. $4,200,000 from any of the state  education  department's  special
 revenue or internal service funds to the capital projects fund (30000).
   Environmental Affairs:
   1.  $16,000,000  from any of the department of environmental conserva-
 tion's special revenue federal funds to the  environmental  conservation
 special revenue fund, federal indirect recovery account (21065).
   2.  $5,000,000  from  any of the department of environmental conserva-
 tion's special revenue federal funds to the conservation fund (21150) or
 Marine Resources Account (21151) as  necessary  to  avoid  diversion  of
 conservation funds.
   3. $3,000,000 from any of the office of parks, recreation and historic
 preservation  capital projects federal funds and special revenue federal
 funds to the miscellaneous special revenue fund, federal grant  indirect
 cost recovery account (22188).

 S. 7506--B                         221                        A. 9506--B
 
   4. $1,000,000 from any of the office of parks, recreation and historic
 preservation  special revenue federal funds to the miscellaneous capital
 projects fund, I love NY water account (32212).
   5.  $28,000,000  from the general fund to the environmental protection
 fund, environmental protection fund transfer account (30451).
   6. $1,800,000 from the general fund to the  hazardous  waste  remedial
 fund, hazardous waste oversight and assistance account (31505).
   7.  An  amount  up  to or equal to the cash balance within the special
 revenue-other waste management & cleanup account (21053) to the  capital
 projects  fund  (30000) for services and capital expenses related to the
 management and cleanup program as put forth in section  27-1915  of  the
 environmental conservation law.
   8.  $3,600,000  from  the  miscellaneous  special revenue fund, public
 service account (22011) to the miscellaneous special revenue fund, util-
 ity environmental regulatory account (21064).
   9. $4,000,000 from the general fund to the enterprise fund, state fair
 account (50051).
   Family Assistance:
   1. $7,000,000 from any of the office of children and family  services,
 office  of  temporary and disability assistance, or department of health
 special revenue federal funds and the general fund, in  accordance  with
 agreements  with social services districts, to the miscellaneous special
 revenue fund, office of human resources development state match  account
 (21967).
   2.  $4,000,000  from any of the office of children and family services
 or office of temporary and disability assistance special revenue federal
 funds to the miscellaneous special revenue fund, family preservation and
 support services and family violence services account (22082).
   3. $18,670,000 from any of the office of children and family services,
 office of temporary and disability assistance, or department  of  health
 special  revenue  federal  funds  and  any  other miscellaneous revenues
 generated from the operation of office of children and  family  services
 programs to the general fund.
   4.  $125,000,000  from  any  of the office of temporary and disability
 assistance or department of health special revenue funds to the  general
 fund.
   5.  $2,500,000  from  any  of  the  office of temporary and disability
 assistance special revenue funds to the  miscellaneous  special  revenue
 fund,  office  of  temporary  and  disability assistance program account
 (21980).
   6. $35,000,000 from any of the office of children and family services,
 office of temporary and disability assistance, department of labor,  and
 department  of  health  special  revenue  federal funds to the office of
 children and family services miscellaneous special revenue fund,  multi-
 agency training contract account (21989).
   7.  $205,000,000  from  the  miscellaneous special revenue fund, youth
 facility per diem account (22186), to the general fund.
   8. $621,850 from the general fund to the combined gifts,  grants,  and
 bequests fund, WB Hoyt Memorial account (20128).
   9.  $5,000,000  from  the  miscellaneous  special  revenue fund, state
 central registry (22028), to the general fund.
   General Government:
   1. $1,566,000 from the miscellaneous special revenue fund, examination
 and miscellaneous revenue account (22065) to the general fund.
   2. $12,000,000 from the general fund to the health insurance revolving
 fund (55300).

 S. 7506--B                         222                        A. 9506--B
 
   3. $292,400,000  from  the  health  insurance  reserve  receipts  fund
 (60550) to the general fund.
   4. $150,000 from the general fund to the not-for-profit revolving loan
 fund (20650).
   5. $150,000 from the not-for-profit revolving loan fund (20650) to the
 general fund.
   6.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
 property account (22036), to the general fund.
   7. $19,000,000 from the miscellaneous special  revenue  fund,  revenue
 arrearage account (22024), to the general fund.
   8.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
 arrearage account (22024), to the miscellaneous  special  revenue  fund,
 authority budget office account (22138).
   9.  $1,000,000  from  the  agencies  enterprise fund, parking services
 account (22007), to the general fund, for the purpose of reimbursing the
 costs of debt service related to state parking facilities.
   10. $9,628,000 from the general fund to the centralized services fund,
 COPS account (55013).
   11. $11,460,000 from the general fund to the agencies internal service
 fund, central technology services account (55069), for  the  purpose  of
 enterprise technology projects.
   12. $10,000,000 from the general fund to the agencies internal service
 fund, state data center account (55062).
   13.  $20,000,000 from the miscellaneous special revenue fund, workers'
 compensation account (21995),  to  the  miscellaneous  capital  projects
 fund,  workers'  compensation  board  IT  business  process design fund,
 (32218).
   14. $12,000,000 from the agencies enterprise  fund,  parking  services
 account  (22007), to the centralized services, building support services
 account (55018).
   15. $30,000,000 from the general fund to the  internal  service  fund,
 business services center account (55022).
   16.  $8,000,000  from  the  general fund to the internal service fund,
 building support services account (55018).
   17. $1,500,000 from  the  agencies  enterprise  fund,  special  events
 account (20120), to the general fund.
   Health:
   1.  A transfer from the general fund to the combined gifts, grants and
 bequests fund, breast cancer research and education account (20155),  up
 to  an  amount  equal  to  the  monies collected and deposited into that
 account in the previous fiscal year.
   2. A transfer from the general fund to the combined gifts, grants  and
 bequests  fund,  prostate  cancer  research,  detection,  and  education
 account (20183), up to an amount  equal  to  the  moneys  collected  and
 deposited into that account in the previous fiscal year.
   3.  A transfer from the general fund to the combined gifts, grants and
 bequests fund,  Alzheimer's  disease  research  and  assistance  account
 (20143),  up  to  an  amount equal to the moneys collected and deposited
 into that account in the previous fiscal year.
   4. $33,134,000 from the HCRA resources fund (20800) to  the  miscella-
 neous  special  revenue  fund, empire state stem cell trust fund account
 (22161).
   5. $6,000,000 from the miscellaneous special revenue fund, certificate
 of need account (21920), to the  miscellaneous  capital  projects  fund,
 healthcare IT capital subfund (32216).

 S. 7506--B                         223                        A. 9506--B
 
   6.  $2,000,000  from  the  miscellaneous  special  revenue fund, vital
 health records account (22103), to the  miscellaneous  capital  projects
 fund, healthcare IT capital subfund (32216).
   7.  $2,000,000  from  the  miscellaneous special revenue fund, profes-
 sional medical conduct account (22088),  to  the  miscellaneous  capital
 projects fund, healthcare IT capital subfund (32216).
   8.  $91,304,000  from  the  HCRA resources fund (20800) to the capital
 projects fund (30000).
   9. $6,550,000 from the general fund to  the  medical  marihuana  trust
 fund, health operation and oversight account (23755).
   10.  An  amount  up to the unencumbered balance from the miscellaneous
 special revenue fund, certificate of need account (21920), to the gener-
 al fund.
   11. An amount up to the unencumbered balance from the charitable gifts
 trust fund, health charitable account (24900), to the general fund,  for
 payment of general support for primary, preventive, and inpatient health
 care,  dental and vision care, hunger prevention and nutritional assist-
 ance, and other services for New York state residents with  the  overall
 goal  of  ensuring  that New York state residents have access to quality
 health care and other related services.
   12. $3,000,000 from the miscellaneous special revenue fund,  New  York
 State cannabis revenue fund, to the general fund.
   13.  An  amount  up to the unencumbered balance from the public health
 emergency charitable gifts trust fund to the general fund,  for  payment
 of  goods  and services necessary to respond to a public health disaster
 emergency or to assist or aid in responding to such a disaster.
   Labor:
   1. $600,000 from the miscellaneous special revenue fund, DOL  fee  and
 penalty account (21923), to the child performer's protection fund, child
 performer protection account (20401).
   2.  $11,700,000  from  the unemployment insurance interest and penalty
 fund,  unemployment  insurance  special  interest  and  penalty  account
 (23601), to the general fund.
   3.  $5,000,000  from  the miscellaneous special revenue fund, workers'
 compensation account (21995), to  the  training  and  education  program
 occupation  safety  and health fund, OSHA-training and education account
 (21251) and occupational health inspection account (21252).
   Mental Hygiene:
   1. $10,000,000 from the general fund,  to  the  miscellaneous  special
 revenue fund, federal salary sharing account (22056).
   2.  $3,800,000 from the general fund, to the agencies internal service
 fund, civil service EHS occupational health program account (55056).
   3. $3,000,000 from the chemical  dependence  service  fund,  substance
 abuse  services  fund  account  (22700),  to  the mental hygiene capital
 improvement fund (32305).
   Public Protection:
   1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
 management account (21944), to the general fund.
   2.  $2,087,000  from  the  general  fund  to the miscellaneous special
 revenue fund, recruitment incentive account (22171).
   3. $22,773,000 from the general fund to  the  correctional  industries
 revolving   fund,   correctional  industries  internal  service  account
 (55350).
   4. $60,000,000 from any of the division of homeland security and emer-
 gency services special revenue federal funds to the general fund.

 S. 7506--B                         224                        A. 9506--B
 
   5. $11,149,000 from the miscellaneous special revenue  fund,  criminal
 justice improvement account (21945), to the general fund.
   6.  $115,420,000  from  the state police motor vehicle law enforcement
 and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
 police  motor  vehicle  enforcement account (22802), to the general fund
 for state operation expenses of the division of state police.
   7. $120,500,000 from the general fund to the  correctional  facilities
 capital improvement fund (32350).
   8.  $5,000,000  from  the  general  fund  to the dedicated highway and
 bridge trust fund (30050) for the purpose of work zone safety activities
 provided by the division of state police for the department of transpor-
 tation.
   9. $10,000,000 from the miscellaneous special revenue fund,  statewide
 public  safety  communications  account (22123), to the capital projects
 fund (30000).
   10. $9,830,000 from the  miscellaneous  special  revenue  fund,  legal
 services assistance account (22096), to the general fund.
   11.  $1,000,000 from the general fund to the agencies internal service
 fund, neighborhood work project account (55059).
   12. $7,980,000 from the miscellaneous special  revenue  fund,  finger-
 print identification & technology account (21950), to the general fund.
   13. $1,100,000 from the state police motor vehicle law enforcement and
 motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
 theft and insurance fraud account (22801), to the general fund.
   14. $25,000,000 from the miscellaneous special revenue fund, statewide
 public safety communications account (22123), to the general fund.
   Transportation:
   1. $31,000,000 from the general fund to the MTA  financial  assistance
 fund,  mobility  tax  trust account (23651) for disbursements related to
 part NN of chapter 54 of the laws of 2016.
   2.  $20,000,000 from the general fund to the mass transportation oper-
 ating assistance fund, public transportation systems  operating  assist-
 ance account (21401), of which $12,000,000 constitutes the base need for
 operations.
   3.  $727,500,000  from  the  general fund to the dedicated highway and
 bridge trust fund (30050).
   4. $244,250,000 from the general fund to the MTA financial  assistance
 fund, mobility tax trust account (23651).
   5. $5,000,000 from the miscellaneous special revenue fund, transporta-
 tion  regulation  account  (22067)  to  the dedicated highway and bridge
 trust fund (30050), for disbursements made  from  such  fund  for  motor
 carrier  safety that are in excess of the amounts deposited in the dedi-
 cated highway and bridge trust fund (30050) for such purpose pursuant to
 section 94 of the transportation law.
   6. $3,000,000 from the miscellaneous  special  revenue  fund,  traffic
 adjudication account (22055), to the general fund.
   7. $11,721,000 from the mass transportation operating assistance fund,
 metropolitan  mass  transportation operating assistance account (21402),
 to the capital projects fund (30000).
   8. $5,000,000 from the miscellaneous special revenue fund, transporta-
 tion regulation account (22067) to the general fund,  for  disbursements
 made  from  such fund for motor carrier safety that are in excess of the
 amounts deposited in the general  fund  for  such  purpose  pursuant  to
 section 94 of the transportation law.
   Miscellaneous:

 S. 7506--B                         225                        A. 9506--B
 
   1. $250,000,000 from the general fund to any funds or accounts for the
 purpose  of reimbursing certain outstanding accounts receivable balances
 or fund spending expected to be incurred to maintain  essential  govern-
 mental operations which are in excess of available cash resulting from a
 reduction  of  dedicated  revenue  sources that were waived or otherwise
 impacted by reduced utilization directly or indirectly  associated  with
 executive  order  and/or  societal  response  to  the novel coronavirus,
 COVID-19.
   2. $500,000,000 from the general fund to the  debt  reduction  reserve
 fund (40000).
   3.  $450,000,000  from  the New York state storm recovery capital fund
 (33000) to the revenue bond tax fund (40152).
   4. $15,500,000 from the general fund, community  projects  account  GG
 (10256), to the general fund, state purposes account (10050).
   5.  $100,000,000  from any special revenue federal fund to the general
 fund, state purposes account (10050).
   § 3. Notwithstanding any law to the contrary, and in  accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, on or before March 31, 2021:
   1.  Upon request of the commissioner of environmental conservation, up
 to $12,745,400 from revenues credited to any of the department of  envi-
 ronmental  conservation special revenue funds, including $4,000,000 from
 the environmental protection and oil spill  compensation  fund  (21200),
 and  $1,834,600 from the conservation fund (21150), to the environmental
 conservation special revenue fund, indirect charges account (21060).
   2. Upon request of the commissioner of agriculture and markets, up  to
 $3,000,000  from  any special revenue fund or enterprise fund within the
 department of agriculture and markets to the general fund, to pay appro-
 priate administrative expenses.
   3. Upon request of the commissioner of agriculture and markets, up  to
 $2,000,000  from  the state exposition special fund, state fair receipts
 account (50051) to the miscellaneous capital projects fund,  state  fair
 capital improvement account (32208).
   4.  Upon  request  of  the commissioner of the division of housing and
 community renewal, up to $6,221,000 from revenues credited to any  divi-
 sion  of  housing and community renewal federal or miscellaneous special
 revenue fund to the miscellaneous special revenue fund, housing indirect
 cost recovery account (22090).
   5. Upon request of the commissioner of the  division  of  housing  and
 community  renewal, up to $5,500,000 may be transferred from any miscel-
 laneous special revenue  fund  account,  to  any  miscellaneous  special
 revenue fund.
   6.  Upon  request of the commissioner of health up to $13,225,000 from
 revenues credited to any of the department of health's  special  revenue
 funds, to the miscellaneous special revenue fund, administration account
 (21982).
   § 4. On or before March 31, 2021, the comptroller is hereby authorized
 and  directed  to  deposit  earnings  that would otherwise accrue to the
 general fund that are attributable to the operation of section  98-a  of
 the  state  finance  law, to the agencies internal service fund, banking
 services account (55057), for the purpose  of  meeting  direct  payments
 from such account.
   §  5.  Notwithstanding  any law to the contrary, upon the direction of
 the director of the budget and upon requisition by the state  university
 of  New  York,  the  dormitory  authority  of  the  state of New York is
 directed to transfer, up to $22,000,000 in revenues generated  from  the

 S. 7506--B                         226                        A. 9506--B
 
 sale of notes or bonds, the state university income fund general revenue
 account  (22653)  for  reimbursement  of  bondable equipment for further
 transfer to the state's general fund.
   §  6.  Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget and
 upon consultation with the state university chancellor  or  his  or  her
 designee,  on or before March 31, 2021, up to $16,000,000 from the state
 university income fund general revenue  account  (22653)  to  the  state
 general  fund for debt service costs related to campus supported capital
 project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
 University at Buffalo.
   §  7.  Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget and
 upon consultation with the state university chancellor  or  his  or  her
 designee,  on  or before March 31, 2021, up to $6,500,000 from the state
 university income fund general revenue  account  (22653)  to  the  state
 general  fund for debt service costs related to campus supported capital
 project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
 University at Albany.
   §  8.  Notwithstanding  any  law to the contrary, the state university
 chancellor or his or her designee is authorized and directed to transfer
 estimated tuition revenue balances from the state university  collection
 fund  (61000)  to  the  state  university  income fund, state university
 general revenue offset account (22655) on or before March 31, 2021.
   § 9. Notwithstanding any law to the contrary, and in  accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to  $1,022,248,300  from the general fund to the state university income
 fund, state university general revenue offset account (22655) during the
 period of July 1, 2020 through June 30, 2021 to  support  operations  at
 the state university.
   §  10. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to $20,000,000 from the general fund  to  the  state  university  income
 fund, state university general revenue offset account (22655) during the
 period  of  July  1,  2020 to June 30, 2021 to support operations at the
 state university in accordance with the maintenance of  effort  pursuant
 to  subparagraph  (4)  of paragraph h of subdivision 2 of section 355 of
 the education law.
   § 11. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and  directed to transfer, upon request of the state university chancel-
 lor or his or her designee, up to $55,000,000 from the state  university
 income  fund,  state  university  hospitals  income reimbursable account
 (22656), for services and expenses of hospital  operations  and  capital
 expenditures at the state university hospitals; and the state university
 income  fund,  Long  Island  veterans' home account (22652) to the state
 university capital projects fund (32400) on or before June 30, 2021.
   § 12. Notwithstanding any law to the contrary, and in accordance  with
 section  4 of the state finance law, the comptroller, after consultation
 with the state university chancellor or his or her designee,  is  hereby
 authorized  and directed to transfer moneys, in the first instance, from
 the state university collection fund, Stony  Brook  hospital  collection

 S. 7506--B                         227                        A. 9506--B
 
 account (61006), Brooklyn hospital collection account (61007), and Syra-
 cuse  hospital collection account (61008) to the state university income
 fund, state university hospitals income reimbursable account (22656)  in
 the  event  insufficient  funds  are  available  in the state university
 income fund, state  university  hospitals  income  reimbursable  account
 (22656)  to  permit the full transfer of moneys authorized for transfer,
 to the general fund for payment of debt  service  related  to  the  SUNY
 hospitals.  Notwithstanding  any law to the contrary, the comptroller is
 also hereby authorized and directed, after consultation with  the  state
 university  chancellor  or  his or her designee, to transfer moneys from
 the state university income fund to the state  university  income  fund,
 state  university  hospitals  income reimbursable account (22656) in the
 event insufficient funds are available in the  state  university  income
 fund,  state university hospitals income reimbursable account (22656) to
 pay hospital operating costs or to permit the full  transfer  of  moneys
 authorized for transfer, to the general fund for payment of debt service
 related to the SUNY hospitals on or before March 31, 2021.
   §  13.  Notwithstanding any law to the contrary, upon the direction of
 the director of the budget and the chancellor of the state university of
 New York or his or her designee, and in accordance with section 4 of the
 state finance law, the comptroller is hereby authorized and directed  to
 transfer  monies from the state university dormitory income fund (40350)
 to the state university residence hall rehabilitation fund (30100),  and
 from  the state university residence hall rehabilitation fund (30100) to
 the state university dormitory income fund (40350), in an amount not  to
 exceed $80 million from each fund.
   §  14. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, at the request of the director of the  budget,
 up  to  $1  billion from the unencumbered balance of any special revenue
 fund or account, agency  fund  or  account,  internal  service  fund  or
 account,  enterprise  fund  or account, or any combination of such funds
 and accounts, to the general fund. The amounts transferred  pursuant  to
 this authorization shall be in addition to any other transfers expressly
 authorized  in  the  2020-21  budget. Transfers from federal funds, debt
 service funds, capital projects funds, the community projects  fund,  or
 funds  that would result in the loss of eligibility for federal benefits
 or federal funds pursuant to federal law, rule, or regulation as assent-
 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
 1951 are not permitted pursuant to this authorization.
   §  15. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, at the request of the director of the  budget,
 up  to $100 million from any non-general fund or account, or combination
 of funds and accounts, to the miscellaneous special revenue fund,  tech-
 nology  financing  account  (22207),  the miscellaneous capital projects
 fund, the federal capital projects account (31350), information technol-
 ogy capital financing account (32215),  or  the  centralized  technology
 services  account  (55069),  for the purpose of consolidating technology
 procurement and services. The amounts transferred to  the  miscellaneous
 special  revenue  fund, technology financing account (22207) pursuant to
 this authorization shall be equal to or less than  the  amount  of  such
 monies  intended  to  support  information  technology  costs  which are
 attributable, according to a plan, to such account made in pursuance  to
 an  appropriation  by law. Transfers to the technology financing account
 shall be completed  from  amounts  collected  by  non-general  funds  or

 S. 7506--B                         228                        A. 9506--B
 
 accounts  pursuant  to a fund deposit schedule or permanent statute, and
 shall be transferred to the technology financing account pursuant  to  a
 schedule agreed upon by the affected agency commissioner. Transfers from
 funds  that would result in the loss of eligibility for federal benefits
 or federal funds pursuant to federal law, rule, or regulation as assent-
 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
 1951 are not permitted pursuant to this authorization.
   §  16. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, at the request of the director of the  budget,
 up  to $400 million from any non-general fund or account, or combination
 of funds and accounts, to the general fund for the  purpose  of  consol-
 idating  technology  procurement  and  services. The amounts transferred
 pursuant to this authorization shall be equal to or less than the amount
 of such monies intended to support information  technology  costs  which
 are attributable, according to a plan, to such account made in pursuance
 to  an  appropriation  by  law.  Transfers  to the general fund shall be
 completed from amounts collected by non-general funds or accounts pursu-
 ant to a fund deposit schedule.  Transfers from funds that would  result
 in  the loss of eligibility for federal benefits or federal funds pursu-
 ant to federal law, rule, or regulation as assented to in chapter 683 of
 the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
 pursuant to this authorization.
   §  17. Notwithstanding any provision of law to the contrary, as deemed
 feasible and advisable by its trustees, the power authority of the state
 of New York is authorized and directed to transfer to the state treasury
 to the credit of the general fund $20,000,000 for the state fiscal  year
 commencing  April  1,  2020,  the  proceeds of which will be utilized to
 support energy-related state activities.
   § 18. Notwithstanding any provision of law, rule or regulation to  the
 contrary,  the  New York state energy research and development authority
 is authorized and directed to make the following  contributions  to  the
 state  treasury to the credit of the general fund on or before March 31,
 2021: (a) $913,000; and (b) $23,000,000 from proceeds collected  by  the
 authority from the auction or sale of carbon dioxide emission allowances
 allocated by the department of environmental conservation.
   §  19. Notwithstanding any provision of law, rule or regulation to the
 contrary, the New York state energy research and  development  authority
 is authorized and directed to transfer five million dollars to the cred-
 it of the Environmental Protection Fund on or before March 31, 2021 from
 proceeds  collected  by the authority from the auction or sale of carbon
 dioxide emission allowances allocated by the department of environmental
 conservation.
   § 20. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
 amended  by section 21 of part TTT of chapter 59 of the laws of 2019, is
 amended to read as follows:
   5. Notwithstanding the provisions of section one hundred seventy-one-a
 of the tax law, as separately amended by chapters four  hundred  eighty-
 one  and four hundred eighty-four of the laws of nineteen hundred eight-
 y-one, and notwithstanding the provisions of chapter ninety-four of  the
 laws  of  two  thousand  eleven,  or  any other provisions of law to the
 contrary, during the fiscal year beginning  April  first,  two  thousand
 [nineteen]  TWENTY,  the  state  comptroller  is  hereby  authorized and
 directed to deposit to the fund created pursuant to  this  section  from
 amounts  collected  pursuant  to  article  twenty-two of the tax law and
 pursuant to a schedule submitted by the director of the  budget,  up  to

 S. 7506--B                         229                        A. 9506--B

 [$2,185,995,000] $2,073,116,000, as may be certified in such schedule as
 necessary  to  meet the purposes of such fund for the fiscal year begin-
 ning April first, two thousand [nineteen] TWENTY.
   §  21.  Notwithstanding  any  law  to the contrary, the comptroller is
 hereby authorized and directed to transfer, upon request of the director
 of the budget, on or before March 31, 2021, the following  amounts  from
 the  following  special  revenue  accounts  to the capital projects fund
 (30000), for the purposes of reimbursement to  such  fund  for  expenses
 related to the maintenance and preservation of state assets:
   1. $43,000 from the miscellaneous special revenue fund, administrative
 program account (21982).
   2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
 hospital account (22140).
   3. $366,000 from the miscellaneous special revenue fund, New York city
 veterans' home account (22141).
   4.  $513,000  from  the  miscellaneous  special revenue fund, New York
 state home for veterans' and their dependents at oxford account (22142).
   5. $159,000 from the miscellaneous special revenue fund,  western  New
 York veterans' home account (22143).
   6.  $323,000  from  the  miscellaneous  special revenue fund, New York
 state for veterans in the lower-hudson valley account (22144).
   7. $2,550,000 from the  miscellaneous  special  revenue  fund,  patron
 services account (22163).
   8.  $7,300,000  from  the  miscellaneous  special  revenue fund, state
 university general income reimbursable account (22653).
   9. $132,000,000 from the miscellaneous  special  revenue  fund,  state
 university revenue offset account (22655).
   10. $48,000,000 from the state university dormitory income fund, state
 university dormitory income fund (40350).
   11. $1,000,000 from the miscellaneous special revenue fund, litigation
 settlement and civil recovery account (22117).
   § 22. Intentionally omitted.
   § 23. Intentionally omitted.
   §  24.  Section 23 of the state finance law is amended by adding a new
 subdivision 7 to read as follows:
   7. BUDGET BALANCE. (A) AS USED IN THIS SECTION, SUCH TERMS SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I)   "ACTUAL STATE OPERATING FUNDS TAX RECEIPTS" SHALL MEAN THE STATE
 OPERATING FUND TAX RECEIPTS, REPORTED BY THE STATE  COMPTROLLER  IN  THE
 MONTHLY  REPORT  TO  THE  LEGISLATURE  ON  THE  STATE FUND CASH BASIS OF
 ACCOUNTING, PREPARED IN  ACCORDANCE  WITH  PARAGRAPH  A  OF  SUBDIVISION
 NINE-A  OF  SECTION  EIGHT  OF THIS CHAPTER,   IMMEDIATELY FOLLOWING THE
 MEASUREMENT PERIOD;
   (II) "ACTUAL STATE OPERATING FUNDS DISBURSEMENTS" SHALL MEAN THE STATE
 OPERATING FUNDS DISBURSEMENTS, REPORTED BY THE STATE COMPTROLLER IN  THE
 MONTHLY  REPORT  TO  THE  LEGISLATURE  ON  THE  STATE FUND CASH BASIS OF
 ACCOUNTING, PREPARED IN  ACCORDANCE  WITH  PARAGRAPH  A  OF  SUBDIVISION
 NINE-A OF SECTION EIGHT OF THIS CHAPTER, IMMEDIATELY FOLLOWING THE MEAS-
 UREMENT  PERIOD.  SUCH  DISBURSEMENTS  SHALL  BE ADJUSTED TO INCLUDE ANY
 AMOUNTS WITHHELD PURSUANT TO THIS SECTION OR ANY OTHER PAYMENT REDUCTION
 AUTHORIZED BY LAW, INCLUDING, BUT NOT  LIMITED  TO,  PAYMENT  REDUCTIONS
 AUTHORIZED BY A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY MAKING APPRO-
 PRIATIONS FOR AID-TO-LOCALITIES.
   (III)  "ESTIMATED  STATE  OPERATING FUNDS TAX RECEIPTS" SHALL MEAN THE
 STATE OPERATING FUNDS TAX RECEIPTS ESTIMATED TO BE RECEIVED  DURING  THE
 MEASUREMENT PERIOD BY THE DIVISION OF THE BUDGET IN THE FINANCIAL PLAN.

 S. 7506--B                         230                        A. 9506--B
 
   (IV)  "ESTIMATED  STATE  OPERATING FUNDS DISBURSEMENTS" SHALL MEAN THE
 STATE OPERATING FUNDS DISBURSEMENTS, ESTIMATED TO  BE  MADE  DURING  THE
 MEASUREMENT PERIOD BY THE DIVISION OF THE BUDGET IN THE FINANCIAL PLAN.
   (V) "FINANCIAL PLAN" SHALL MEAN A FINANCIAL PLAN PREPARED BY THE DIVI-
 SION  OF  THE  BUDGET PURSUANT TO SECTION TWENTY-TWO OF THIS ARTICLE AND
 THIS SECTION AND USED FOR THE MEASUREMENT PERIOD.
   (VI) "MEASUREMENT PERIOD" SHALL MEAN THE PERIOD IN WHICH  THE  DIFFER-
 ENCE  BETWEEN  ACTUAL  STATE  OPERATING FUNDS TAX RECEIPTS AND ESTIMATED
 STATE OPERATING FUNDS TAX RECEIPTS SHALL BE  MEASURED  FOR  PURPOSES  OF
 THIS  SECTION.  THE FIRST MEASUREMENT PERIOD SHALL BEGIN ON APRIL FIRST,
 TWO THOUSAND TWENTY AND END ON APRIL  THIRTIETH,  TWO  THOUSAND  TWENTY.
 THE  FINANCIAL  PLAN  ESTIMATES  FOR  THIS PERIOD SHALL BE THE EXECUTIVE
 FINANCIAL  PLAN  AS  UPDATED  FOR  GOVERNOR'S  AMENDMENTS  AND  FORECAST
 REVISIONS  ISSUED  IN FEBRUARY TWO THOUSAND TWENTY.  THE SECOND MEASURE-
 MENT PERIOD SHALL BEGIN ON MAY FIRST AND  END  ON  JUNE  THIRTIETH,  TWO
 THOUSAND TWENTY. THE THIRD MEASUREMENT PERIOD SHALL BEGIN ON JULY FIRST,
 TWO  THOUSAND  TWENTY AND END ON DECEMBER THIRTY-FIRST, 2020. THE FINAN-
 CIAL PLAN FOR  THE SECOND AND THIRD MEASUREMENT  PERIODS  SHALL  BE  THE
 ENACTED  BUDGET FINANCIAL PLAN FOR THE TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE FISCAL YEAR ISSUED PURSUANT TO THIS SECTION.
   (B) THE EXECUTIVE AND THE LEGISLATURE SHALL MAINTAIN A BUDGET THAT  IS
 IN  BALANCE  IN  THE  GENERAL  FUND  ON  A CASH BASIS OF ACCOUNTING. FOR
 PURPOSES OF THIS SECTION, THE BUDGET SHALL BE DEEMED UNBALANCED FOR  THE
 FISCAL  YEAR  IF,  DURING ANY MEASUREMENT PERIOD, ACTUAL STATE OPERATING
 FUNDS TAX RECEIPTS ARE LESS THAN NINETY-NINE PERCENT OF ESTIMATED  STATE
 OPERATING  FUNDS TAX RECEIPTS, OR ACTUAL STATE OPERATING FUNDS DISBURSE-
 MENTS ARE MORE THAN ONE HUNDRED AND ONE PERCENT OF ESTIMATED STATE OPER-
 ATING FUNDS DISBURSEMENTS, OR BOTH.
   (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  IF,  ON  A
 CASH  BASIS  OF ACCOUNTING, A GENERAL FUND IMBALANCE HAS OCCURRED DURING
 ANY MEASUREMENT PERIOD, AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION,
 THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ADJUST OR REDUCE  ANY
 GENERAL FUND AND/OR STATE SPECIAL REVENUE FUND APPROPRIATION AND RELATED
 CASH DISBURSEMENT BY ANY AMOUNT NEEDED TO MAINTAIN A BALANCED BUDGET FOR
 THE  TWO  THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE FISCAL YEAR. PROVIDED
 HOWEVER THAT SUCH ADJUSTMENTS OR  REDUCTIONS  SHALL  BE  DONE  UNIFORMLY
 ACROSS-THE-BOARD TO THE EXTENT PRACTICABLE OR BY SPECIFIC APPROPRIATIONS
 AS  NEEDED. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, TO THE EXTENT
 ANY INDIVIDUAL OR ENTITY IS ENTITLED TO ANY CASH DISBURSEMENT  WHICH  IS
 REDUCED  IN  ACCORDANCE  WITH  THIS PROVISION, SUCH ENTITLEMENT SHALL BE
 ADJUSTED OR REDUCED COMMENSURATE WITH ADJUSTMENTS OR REDUCTIONS MADE  BY
 THE DIRECTOR OF THE BUDGET IN ACCORDANCE WITH THIS SUBDIVISION.
   (D)  THE  FOLLOWING  TYPES OF APPROPRIATIONS SHALL BE EXEMPT FROM SUCH
 REDUCTION PURSUANT TO THIS SUBDIVISION: (I) PUBLIC  ASSISTANCE  PAYMENTS
 FOR  FAMILIES  AND INDIVIDUALS AND PAYMENTS FOR ELIGIBLE AGED, BLIND AND
 DISABLED PERSONS RELATED  TO  SUPPLEMENTAL  SOCIAL  SECURITY;  (II)  ANY
 REDUCTIONS  THAT  WOULD  VIOLATE  FEDERAL  LAW;  (III)  PAYMENTS OF DEBT
 SERVICE AND RELATED EXPENSES FOR WHICH  THE  STATE  IS  CONSTITUTIONALLY
 OBLIGATED  TO PAY DEBT SERVICE OR IS CONTRACTUALLY OBLIGATED TO PAY DEBT
 SERVICE, SUBJECT TO AN APPROPRIATION, INCLUDING WHERE THE  STATE  HAS  A
 CONTINGENT  CONTRACTUAL OBLIGATION; AND (IV) PAYMENTS THE STATE IS OBLI-
 GATED TO MAKE PURSUANT TO COURT ORDERS OR JUDGMENTS.
   (E) PRIOR TO ANY SUCH ADJUSTMENTS OR REDUCTIONS, THE DIRECTOR  OF  THE
 BUDGET  SHALL NOTIFY IN WRITING THE CHAIRS OF THE SENATE FINANCE COMMIT-
 TEE AND ASSEMBLY WAYS AND MEANS COMMITTEE. THE  LEGISLATURE  SHALL  THEN
 HAVE  TEN  DAYS  FOLLOWING  THE  RECEIPT OF SUCH WRITTEN NOTIFICATION TO

 S. 7506--B                         231                        A. 9506--B
 
 EITHER PREPARE ITS OWN PLAN, WHICH MAY BE ADOPTED BY  CONCURRENT  RESOL-
 UTION PASSED BY BOTH HOUSES AND IMPLEMENTED BY THE DIVISION OF THE BUDG-
 ET,  OR  IF  AFTER TEN DAYS THE LEGISLATURE FAILS TO ADOPT ITS OWN PLAN,
 THE REDUCTIONS TO THE GENERAL FUND AND STATE SPECIAL REVENUE FUND AID TO
 LOCALITIES  APPROPRIATIONS  AND  RELATED DISBURSEMENTS IDENTIFIED IN THE
 DIVISION OF THE BUDGET PLAN WILL GO INTO EFFECT AUTOMATICALLY.
   (F) ANY REDUCTIONS TO GENERAL FUND AND STATE SPECIAL REVENUE FUND  AID
 TO  LOCALITIES APPROPRIATIONS AND RELATED CASH DISBURSEMENTS MADE PURSU-
 ANT TO THIS SECTION MAY BE PAID IN FULL OR IN PART IF ONE OR BOTH OF THE
 FOLLOWING EVENTS OCCUR: (I) ACTUAL STATE OPERATING  FUNDS  TAX  RECEIPTS
 THROUGH  FEBRUARY  TWENTY-EIGHTH,  TWO  THOUSAND TWENTY-ONE ARE NOT LESS
 THAN  NINETY-EIGHT  PERCENT  OF  ESTIMATED  STATE  OPERATING  FUNDS  TAX
 RECEIPTS  THROUGH  FEBRUARY  TWENTY-EIGHTH,  TWO THOUSAND TWENTY-ONE; OR
 (II) THE FEDERAL GOVERNMENT PROVIDES AID THAT THE DIRECTOR OF THE BUDGET
 DEEMS SUFFICIENT TO REDUCE OR ELIMINATE THE  IMBALANCE  IN  THE  GENERAL
 FUND  FOR  THE  TWO THOUSAND TWENTY--TWENTY-ONE FISCAL YEAR AND DOES NOT
 ADVERSELY IMPACT THE BUDGET GAP IN THE TWO THOUSAND  TWENTY-ONE--TWENTY-
 TWO  FISCAL  YEAR.    NO  SUCH PAYMENTS SHALL BE MADE IN PART OR IN FULL
 UNTIL  THE  DIRECTOR  OF  THE BUDGET  CERTIFIES THAT: THE  GENERAL  FUND
 HAS RESOURCES SUFFICIENT TO MAKE ALL PLANNED PAYMENTS ANTICIPATED IN THE
 FINANCIAL  PLAN  INCLUDING  TAX REFUNDS, WITHOUT THE ISSUANCE OF DEFICIT
 BONDS OR NOTES OR EXTRAORDINARY CASH  MANAGEMENT ACTIONS;  THE  BALANCES
 IN  THE TAX STABILIZATION RESERVE AND RAINY DAY RESERVE  (TOGETHER,  THE
 "RAINY  DAY RESERVES") HAVE BEEN RESTORED TO A LEVEL EQUAL TO THE  LEVEL
 AS  OF  THE  START OF THE   FISCAL  YEAR;  AND OTHER DESIGNATED BALANCES
 HAVE BEEN MAINTAINED, AS PROVIDED BY LAW.
   § 25. Subdivision 6 of section 4 of the state finance law, as  amended
 by  section 25 of part BBB of chapter 59 of the laws of 2018, is amended
 to read as follows:
   6. Notwithstanding any law to the contrary, at the  beginning  of  the
 state  fiscal  year,  the  state  comptroller  is  hereby authorized and
 directed to receive for deposit to  the  credit  of  a  fund  and/or  an
 account  such  monies as are identified by the director of the budget as
 having been intended for such deposit to support disbursements from such
 fund and/or account made in pursuance of an  appropriation  by  law.  As
 soon  as  practicable  upon enactment of the budget, the director of the
 budget shall,  but  not  less  than  three  days  following  preliminary
 submission  to the chairs of the senate finance committee and the assem-
 bly ways and means committee, file with the state comptroller  an  iden-
 tification  of specific monies to be so deposited. Any subsequent change
 regarding the monies to be so deposited shall be filed by  the  director
 of  the  budget,  as  soon  as practicable, but not less than three days
 following preliminary submission to the chairs  of  the  senate  finance
 committee and the assembly ways and means committee.
   All monies identified by the director of the budget to be deposited to
 the  credit of a fund and/or account shall be consistent with the intent
 of the budget for the then current state fiscal year as enacted  by  the
 legislature.
   The provisions of this subdivision shall expire on March thirty-first,
 two thousand [twenty] TWENTY-TWO.
   § 26. Subdivision 4 of section 40 of the state finance law, as amended
 by  section 26 of part BBB of chapter 59 of the laws of 2018, is amended
 to read as follows:
   4. Every appropriation made from a fund or account to a department  or
 agency shall be available for the payment of prior years' liabilities in
 such fund or account for fringe benefits, indirect costs, and telecommu-

 S. 7506--B                         232                        A. 9506--B
 
 nications  expenses  and  expenses  for  other centralized services fund
 programs without limit. Every appropriation shall also be available  for
 the  payment  of  prior  years'  liabilities  other than those indicated
 above,  but  only  to the extent of one-half of one percent of the total
 amount appropriated to a department or agency in such fund or account.
   The provisions of this subdivision shall  expire  March  thirty-first,
 two thousand [twenty] TWENTY-TWO.
   §  26-a.  Subdivision  5  of  section  4  of the state finance law, as
 amended by section 16 of part PP of chapter 56 of the laws of  2009,  is
 amended to read as follows:
   5.  No  money  or  other  financial  resources shall be transferred or
 temporarily loaned from one fund to another without  specific  statutory
 authorization  for such transfer or temporary loan, except that money or
 other financial resources of a fund may be  temporarily  loaned  to  the
 general  fund during the state fiscal year provided that such loan shall
 be repaid in full no later than [(a) four months after it  was  made  or
 (b) by] the end of the same fiscal year in which it was made, [whichever
 period  is shorter,] so that an accurate accounting and reporting of the
 balance of financial resources in each fund may be made. The comptroller
 is hereby authorized to temporarily loan money from the general fund  or
 any  other  fund  to  the fund/accounts that are authorized to receive a
 loan. Such loans shall be limited to the amounts immediately required to
 meet disbursements, made in pursuance of an  appropriation  by  law  and
 authorized  by  a  certificate of approval issued by the director of the
 budget with copies thereof filed with the comptroller and the  chair  of
 the  senate  finance  committee  and  the chair of the assembly ways and
 means committee. The director of the  budget  shall  not  issue  such  a
 certificate  unless  he or she shall have determined that the amounts to
 be so loaned are receivable on account. When  making  loans,  the  comp-
 troller  shall  establish  appropriate  accounts  and if the loan is not
 repaid by the end of the month, provide on or before the  fifteenth  day
 of  the  following month to the director of the budget, the chair of the
 senate finance committee and the chair of the assembly  ways  and  means
 committee,  an accurate accounting and report of the financial resources
 of each such fund at the end of such  month.  Within  ten  days  of  the
 receipt  of  such  accounting  and reporting, the director of the budget
 shall provide the comptroller  and  the  chair  of  the  senate  finance
 committee  and  the  chair  of  the assembly ways and means committee an
 expected schedule of repayment by fund and by source for each  outstand-
 ing loan. Repayment shall be made by the comptroller from the first cash
 receipt of this fund.
   §  27.  Notwithstanding  any  other  law,  rule,  or regulation to the
 contrary, the state comptroller is hereby authorized and directed to use
 any balance remaining in the mental health services  fund  debt  service
 appropriation, after payment by the state comptroller of all obligations
 required pursuant to any lease, sublease, or other financing arrangement
 between the dormitory authority of the state of New York as successor to
 the  New  York  state  medical  care  facilities finance agency, and the
 facilities development corporation pursuant to chapter 83 of the laws of
 1995 and the department of mental hygiene  for  the  purpose  of  making
 payments  to  the  dormitory  authority of the state of New York for the
 amount of the earnings for the investment of  monies  deposited  in  the
 mental health services fund that such agency determines will or may have
 to  be  rebated  to the federal government pursuant to the provisions of
 the internal revenue code of 1986, as amended, in order to  enable  such
 agency  to  maintain  the  exemption from federal income taxation on the

 S. 7506--B                         233                        A. 9506--B
 
 interest paid to the holders of such agency's mental services facilities
 improvement revenue bonds. Annually on or before each  June  30th,  such
 agency  shall  certify to the state comptroller its determination of the
 amounts  received  in the mental health services fund as a result of the
 investment of monies deposited therein that  will  or  may  have  to  be
 rebated  to  the  federal  government  pursuant to the provisions of the
 internal revenue code of 1986, as amended.
   § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
 of 1997, relating  to  the  financing  of  the  correctional  facilities
 improvement  fund and the youth facility improvement fund, as amended by
 section 28 of part TTT of chapter 59 of the laws of 2019, is amended  to
 read as follows:
   1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
 notwithstanding the provisions of section 18 of section 1 of chapter 174
 of the laws of 1968, the New York state urban development corporation is
 hereby authorized to issue bonds, notes  and  other  obligations  in  an
 aggregate  principal  amount  not  to exceed [eight billion four hundred
 ninety-four million nine hundred seventy-nine  thousand]  EIGHT  BILLION
 EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY-NINE THOUSAND dollars
 [$8,494,979,000]  $8,817,299,000, and shall include all bonds, notes and
 other obligations issued pursuant to chapter 56 of the laws of 1983,  as
 amended  or  supplemented.  The  proceeds  of such bonds, notes or other
 obligations shall be paid to the state, for deposit in the  correctional
 facilities capital improvement fund to pay for all or any portion of the
 amount  or  amounts paid by the state from appropriations or reappropri-
 ations made to the department of corrections and  community  supervision
 from  the  correctional  facilities capital improvement fund for capital
 projects. The aggregate amount of  bonds,  notes  or  other  obligations
 authorized  to  be  issued pursuant to this section shall exclude bonds,
 notes or other obligations issued to refund or  otherwise  repay  bonds,
 notes  or  other  obligations  theretofore issued, the proceeds of which
 were paid to the state for all or a portion of the amounts  expended  by
 the state from appropriations or reappropriations made to the department
 of  corrections  and community supervision; provided, however, that upon
 any such refunding or repayment the total aggregate principal amount  of
 outstanding bonds, notes or other obligations may be greater than [eight
 billion four hundred ninety-four million nine hundred seventy-nine thou-
 sand]  EIGHT BILLION EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY-
 NINE THOUSAND dollars [$8,494,979,000] $8,817,299,000, only if the pres-
 ent value of the aggregate debt service of the  refunding  or  repayment
 bonds,  notes  or  other  obligations  to be issued shall not exceed the
 present value of the aggregate debt service of the bonds, notes or other
 obligations so to be refunded or repaid. For the  purposes  hereof,  the
 present  value  of the aggregate debt service of the refunding or repay-
 ment bonds, notes or other obligations and of the aggregate debt service
 of the bonds, notes or other obligations so refunded or repaid, shall be
 calculated by utilizing the effective interest rate of the refunding  or
 repayment  bonds,  notes  or other obligations, which shall be that rate
 arrived at by doubling the semi-annual interest rate  (compounded  semi-
 annually) necessary to discount the debt service payments on the refund-
 ing  or  repayment  bonds,  notes  or other obligations from the payment
 dates thereof to the date of issue of the refunding or repayment  bonds,
 notes  or  other  obligations  and  to the price bid including estimated
 accrued interest or proceeds received by the corporation including esti-
 mated accrued interest from the sale thereof.

 S. 7506--B                         234                        A. 9506--B
 
   § 29. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
 laws  of  2005,  relating to providing for the administration of certain
 funds and accounts related  to  the  2005-2006  budget,  as  amended  by
 section  32 of part TTT of chapter 59 of the laws of 2019, is amended to
 read as follows:
   (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
 notwithstanding any provisions of law to the contrary, the urban  devel-
 opment  corporation  is hereby authorized to issue bonds or notes in one
 or more series in an aggregate  principal  amount  not  to  exceed  [two
 hundred  seventy-one million six hundred thousand] THREE HUNDRED TWENTY-
 THREE MILLION ONE HUNDRED THOUSAND dollars [$271,600,000]  $323,100,000,
 excluding  bonds  issued  to  finance  one  or more debt service reserve
 funds, to pay costs of issuance of such bonds, and bonds or notes issued
 to refund or otherwise repay such bonds or notes previously issued,  for
 the  purpose  of financing capital projects including IT initiatives for
 the division of state police, debt service and leases; and to  reimburse
 the  state  general fund for disbursements made therefor. Such bonds and
 notes of such authorized issuer shall not be a debt of  the  state,  and
 the  state shall not be liable thereon, nor shall they be payable out of
 any funds other than those appropriated by the state to such  authorized
 issuer  for  debt  service  and related expenses pursuant to any service
 contract executed pursuant to subdivision (b) of this section  and  such
 bonds  and  notes  shall contain on the face thereof a statement to such
 effect. Except for purposes of complying with the internal revenue code,
 any interest income earned on bond proceeds shall only be  used  to  pay
 debt service on such bonds.
   §  30.  Subdivision 3 of section 1285-p of the public authorities law,
 as amended by section 35 of part TTT of chapter 59 of the laws of  2019,
 is amended to read as follows:
   3.  The  maximum amount of bonds that may be issued for the purpose of
 financing  environmental  infrastructure  projects  authorized  by  this
 section  shall  be  [five  billion  six hundred thirty-eight million ten
 thousand] SIX BILLION THREE HUNDRED SEVENTY-FOUR  MILLION  TEN  THOUSAND
 dollars  [$5,638,010,000]  $6,374,010,000,  exclusive of bonds issued to
 fund any debt service reserve funds,  pay  costs  of  issuance  of  such
 bonds,  and  bonds or notes issued to refund or otherwise repay bonds or
 notes previously issued. Such bonds and notes of the  corporation  shall
 not  be  a debt of the state, and the state shall not be liable thereon,
 nor shall they be payable out of any funds other than those appropriated
 by the state to the corporation for debt service  and  related  expenses
 pursuant  to  any service contracts executed pursuant to subdivision one
 of this section, and such bonds and notes  shall  contain  on  the  face
 thereof a statement to such effect.
   §  31.    Subdivision (a) of section 48 of part K of chapter 81 of the
 laws of 2002, relating to providing for the  administration  of  certain
 funds  and  accounts  related  to  the  2002-2003  budget, as amended by
 section 36 of part TTT of chapter 59 of the laws of 2019, is amended  to
 read as follows:
   (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
 notwithstanding the provisions of section 18 of  the  urban  development
 corporation  act, the corporation is hereby authorized to issue bonds or
 notes in one or more series in an  aggregate  principal  amount  not  to
 exceed  [two  hundred eighty-six million] THREE HUNDRED FOURTEEN MILLION
 dollars [$286,000,000] $314,000,000, excluding bonds issued to fund  one
 or  more  debt  service  reserve funds, to pay costs of issuance of such
 bonds, and bonds or notes issued to refund or otherwise repay such bonds

 S. 7506--B                         235                        A. 9506--B
 
 or notes previously issued, for the purpose of financing  capital  costs
 related to homeland security and training facilities for the division of
 state  police, the division of military and naval affairs, and any other
 state agency, including the reimbursement of any disbursements made from
 the state capital projects fund, and is hereby authorized to issue bonds
 or  notes  in one or more series in an aggregate principal amount not to
 exceed [$952,800,000 nine hundred fifty-two million eight hundred  thou-
 sand]  $1,115,800,000  ONE  BILLION  ONE  HUNDRED  FIFTEEN MILLION EIGHT
 HUNDRED THOUSAND dollars, excluding bonds issued to  fund  one  or  more
 debt  service reserve funds, to pay costs of issuance of such bonds, and
 bonds or notes issued to refund or otherwise repay such bonds  or  notes
 previously  issued,  for  the purpose of financing improvements to State
 office buildings and other facilities located statewide,  including  the
 reimbursement  of any disbursements made from the state capital projects
 fund. Such bonds and notes of the corporation shall not be a debt of the
 state, and the state shall not be liable  thereon,  nor  shall  they  be
 payable  out  of any funds other than those appropriated by the state to
 the corporation for debt service and related expenses  pursuant  to  any
 service  contracts executed pursuant to subdivision (b) of this section,
 and such bonds and notes shall contain on the face thereof  a  statement
 to such effect.
   §  32.  Paragraph  (c) of subdivision 19 of section 1680 of the public
 authorities law, as amended by section 38 of part TTT of chapter  59  of
 the laws of 2019, is amended to read as follows:
   (c) Subject to the provisions of chapter fifty-nine of the laws of two
 thousand,  the  dormitory  authority shall not issue any bonds for state
 university educational facilities purposes if the  principal  amount  of
 bonds to be issued when added to the aggregate principal amount of bonds
 issued  by  the  dormitory  authority  on and after July first, nineteen
 hundred eighty-eight for state university  educational  facilities  will
 exceed  [thirteen  billion eight hundred forty-one million eight hundred
 sixty-four thousand] FOURTEEN BILLION SEVEN  HUNDRED  FORTY-ONE  MILLION
 EIGHT    HUNDRED    SIXTY-FOUR    THOUSAND   dollars   [$13,841,864,000]
 $14,741,864,000; provided, however, that bonds issued or  to  be  issued
 shall  be excluded from such limitation if: (1) such bonds are issued to
 refund  state  university  construction  bonds  and   state   university
 construction  notes  previously issued by the housing finance agency; or
 (2) such bonds are issued to refund bonds  of  the  authority  or  other
 obligations  issued for state university educational facilities purposes
 and the present value of the aggregate debt  service  on  the  refunding
 bonds does not exceed the present value of the aggregate debt service on
 the bonds refunded thereby; provided, further that upon certification by
 the director of the budget that the issuance of refunding bonds or other
 obligations  issued between April first, nineteen hundred ninety-two and
 March thirty-first, nineteen hundred  ninety-three  will  generate  long
 term  economic  benefits  to  the  state, as assessed on a present value
 basis, such issuance will be deemed to have met the present  value  test
 noted  above. For purposes of this subdivision, the present value of the
 aggregate debt service of the refunding bonds  and  the  aggregate  debt
 service of the bonds refunded, shall be calculated by utilizing the true
 interest  cost  of the refunding bonds, which shall be that rate arrived
 at by doubling the semi-annual interest rate (compounded  semi-annually)
 necessary  to  discount the debt service payments on the refunding bonds
 from the payment dates thereof to the date of  issue  of  the  refunding
 bonds  to  the purchase price of the refunding bonds, including interest
 accrued thereon prior to the issuance  thereof.  The  maturity  of  such

 S. 7506--B                         236                        A. 9506--B
 
 bonds,  other  than  bonds issued to refund outstanding bonds, shall not
 exceed the weighted average economic life, as  certified  by  the  state
 university construction fund, of the facilities in connection with which
 the  bonds  are  issued,  and  in any case not later than the earlier of
 thirty years or the expiration of the term of  any  lease,  sublease  or
 other  agreement  relating  thereto;  provided  that  no note, including
 renewals thereof, shall mature later than five years after the  date  of
 issuance  of  such  note. The legislature reserves the right to amend or
 repeal such limit, and the state of New York, the  dormitory  authority,
 the  state university of New York, and the state university construction
 fund are prohibited from covenanting or making any other agreements with
 or for the benefit of bondholders which might in  any  way  affect  such
 right.
   §  33.  Paragraph  (c) of subdivision 14 of section 1680 of the public
 authorities law, as amended by section 39 of part TTT of chapter  59  of
 the laws of 2019, is amended to read as follows:
   (c) Subject to the provisions of chapter fifty-nine of the laws of two
 thousand,  (i)  the  dormitory  authority  shall not deliver a series of
 bonds for city university community college facilities, except to refund
 or to be substituted for or in lieu of other bonds in relation  to  city
 university  community college facilities pursuant to a resolution of the
 dormitory authority adopted before July first, nineteen hundred  eighty-
 five  or any resolution supplemental thereto, if the principal amount of
 bonds so to be issued when added  to  all  principal  amounts  of  bonds
 previously  issued by the dormitory authority for city university commu-
 nity college facilities, except to refund or to be substituted  in  lieu
 of  other bonds in relation to city university community college facili-
 ties will exceed the sum of four hundred twenty-five million dollars and
 (ii) the dormitory authority shall not deliver a series of bonds  issued
 for  city university facilities, including community college facilities,
 pursuant to a resolution of the dormitory authority adopted on or  after
 July  first,  nineteen  hundred  eighty-five,  except to refund or to be
 substituted for or in lieu of other bonds in relation to city university
 facilities and except for bonds issued pursuant to a resolution  supple-
 mental  to a resolution of the dormitory authority adopted prior to July
 first, nineteen hundred eighty-five, if the principal amount of bonds so
 to be issued when added to the  principal  amount  of  bonds  previously
 issued pursuant to any such resolution, except bonds issued to refund or
 to  be  substituted  for  or  in lieu of other bonds in relation to city
 university facilities, will exceed [eight billion six  hundred  seventy-
 four  million  two  hundred fifty-six thousand] NINE BILLION TWO HUNDRED
 TWENTY-TWO   MILLION   SEVEN   HUNDRED   THIRTY-TWO   THOUSAND   dollars
 [$8,674,256,000]  $9,222,732,000.  The legislature reserves the right to
 amend or repeal such limit, and the state of  New  York,  the  dormitory
 authority,  the city university, and the fund are prohibited from coven-
 anting or making any other agreements with or for the benefit  of  bond-
 holders which might in any way affect such right.
   §  34. Subdivision 10-a of section 1680 of the public authorities law,
 as amended by section 40 of part TTT of chapter 59 of the laws of  2019,
 is amended to read as follows:
   10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
 two thousand, but notwithstanding any other provision of the law to  the
 contrary, the maximum amount of bonds and notes to be issued after March
 thirty-first,  two  thousand two, on behalf of the state, in relation to
 any locally sponsored community college,  shall  be  [one  billion  five
 million  six  hundred  two  thousand]  ONE BILLION FIFTY-ONE MILLION SIX

 S. 7506--B                         237                        A. 9506--B
 
 HUNDRED FORTY THOUSAND  dollars  [$1,005,602,000]  $1,051,640,000.  Such
 amount  shall be exclusive of bonds and notes issued to fund any reserve
 fund or funds, costs of issuance and to refund any outstanding bonds and
 notes,  issued  on  behalf of the state, relating to a locally sponsored
 community college.
   § 35. Subdivision 1 of section 17 of part D of chapter 389 of the laws
 of 1997, relating  to  the  financing  of  the  correctional  facilities
 improvement  fund and the youth facility improvement fund, as amended by
 section 41 of part TTT of chapter 59 of the laws of 2019, is amended  to
 read as follows:
   1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
 notwithstanding the provisions of section 18 of section 1 of chapter 174
 of the laws of 1968, the New York state urban development corporation is
 hereby authorized to issue bonds, notes  and  other  obligations  in  an
 aggregate  principal  amount  not  to  exceed eight hundred [four] FORTY
 million [six] THREE  hundred  fifteen  thousand  dollars  [$804,615,000]
 $840,315,000,  which  authorization  increases  the  aggregate principal
 amount of bonds, notes and other obligations authorized by section 40 of
 chapter 309 of the laws of 1996, and shall include all bonds, notes  and
 other obligations issued pursuant to chapter 211 of the laws of 1990, as
 amended  or  supplemented.  The  proceeds  of such bonds, notes or other
 obligations shall be paid to the state, for deposit in the youth facili-
 ties improvement fund, to pay for all or any portion of  the  amount  or
 amounts  paid  by the state from appropriations or reappropriations made
 to the office of children and family services from the youth  facilities
 improvement  fund  for  capital projects. The aggregate amount of bonds,
 notes and other obligations authorized to be  issued  pursuant  to  this
 section shall exclude bonds, notes or other obligations issued to refund
 or otherwise repay bonds, notes or other obligations theretofore issued,
 the proceeds of which were paid to the state for all or a portion of the
 amounts  expended  by  the state from appropriations or reappropriations
 made to the office of children and family services;  provided,  however,
 that  upon any such refunding or repayment the total aggregate principal
 amount of outstanding bonds, notes or other obligations may  be  greater
 than  eight  hundred  [four]  FORTY  million [six] THREE hundred fifteen
 thousand dollars [$804,615,000] $840,315,000, only if the present  value
 of the aggregate debt service of the refunding or repayment bonds, notes
 or  other obligations to be issued shall not exceed the present value of
 the aggregate debt service of the bonds, notes or other  obligations  so
 to  be refunded or repaid. For the purposes hereof, the present value of
 the aggregate debt service of the refunding or repayment bonds, notes or
 other obligations and of the aggregate debt service of the bonds,  notes
 or  other  obligations  so  refunded  or  repaid, shall be calculated by
 utilizing the effective interest rate  of  the  refunding  or  repayment
 bonds,  notes  or other obligations, which shall be that rate arrived at
 by doubling the semi-annual  interest  rate  (compounded  semi-annually)
 necessary  to  discount  the  debt  service payments on the refunding or
 repayment bonds, notes or other obligations from the payment dates ther-
 eof to the date of issue of the refunding or repayment bonds,  notes  or
 other  obligations  and  to  the  price  bid including estimated accrued
 interest or proceeds received by  the  corporation  including  estimated
 accrued interest from the sale thereof.
   §  36.  Paragraph  b  of  subdivision 2 of section 9-a of section 1 of
 chapter 392 of the laws of 1973, constituting the New York state medical
 care facilities finance agency act, as amended by section 42 of part TTT
 of chapter 59 of the laws of 2019, is amended to read as follows:

 S. 7506--B                         238                        A. 9506--B
 
   b. The agency shall have power and is hereby authorized from  time  to
 time  to  issue negotiable bonds and notes in conformity with applicable
 provisions of the uniform commercial code in such principal  amount  as,
 in  the  opinion  of  the  agency, shall be necessary, after taking into
 account  other moneys which may be available for the purpose, to provide
 sufficient funds to  the  facilities  development  corporation,  or  any
 successor agency, for the financing or refinancing of or for the design,
 construction, acquisition, reconstruction, rehabilitation or improvement
 of  mental  health  services  facilities pursuant to paragraph a of this
 subdivision, the payment of interest on mental health services  improve-
 ment  bonds and mental health services improvement notes issued for such
 purposes, the establishment of reserves to secure such bonds and  notes,
 the  cost  or  premium  of  bond insurance or the costs of any financial
 mechanisms which may be used to reduce the debt service  that  would  be
 payable  by the agency on its mental health services facilities improve-
 ment bonds and notes and all other expenditures of the  agency  incident
 to  and  necessary or convenient to providing the facilities development
 corporation, or any successor agency, with funds for  the  financing  or
 refinancing of or for any such design, construction, acquisition, recon-
 struction, rehabilitation or improvement and for the refunding of mental
 hygiene improvement bonds issued pursuant to section 47-b of the private
 housing  finance law; provided, however, that the agency shall not issue
 mental health services facilities improvement bonds  and  mental  health
 services  facilities  improvement notes in an aggregate principal amount
 exceeding [nine billion three hundred thirty-three million three hundred
 eight thousand] NINE  BILLION  NINE  HUNDRED  TWENTY-SEVEN  MILLION  TWO
 HUNDRED  SEVENTY-SIX  THOUSAND  dollars [$9,333,308,000] $9,927,276,000,
 excluding mental health services facilities improvement bonds and mental
 health services facilities improvement notes issued to refund  outstand-
 ing  mental  health  services  facilities  improvement  bonds and mental
 health services facilities improvement notes;  provided,  however,  that
 upon  any  such refunding or repayment of mental health services facili-
 ties improvement bonds and/or mental health services facilities improve-
 ment notes the total aggregate principal amount  of  outstanding  mental
 health  services  facilities improvement bonds and mental health facili-
 ties improvement notes may be greater than [nine billion  three  hundred
 thirty-three  million  three  hundred  eight thousand] NINE BILLION NINE
 HUNDRED TWENTY-SEVEN MILLION TWO HUNDRED  SEVENTY-SIX  THOUSAND  dollars
 [$9,333,308,000] $9,927,276,000, only if, except as hereinafter provided
 with  respect  to  mental  health  services  facilities bonds and mental
 health  services  facilities  notes  issued  to  refund  mental  hygiene
 improvement  bonds authorized to be issued pursuant to the provisions of
 section 47-b of the private housing finance law, the  present  value  of
 the  aggregate  debt  service  of the refunding or repayment bonds to be
 issued shall not exceed the present value of the aggregate debt  service
 of  the bonds to be refunded or repaid. For purposes hereof, the present
 values of the aggregate debt  service  of  the  refunding  or  repayment
 bonds,  notes  or other obligations and of the aggregate debt service of
 the bonds, notes or other obligations so refunded or  repaid,  shall  be
 calculated  by utilizing the effective interest rate of the refunding or
 repayment bonds, notes or other obligations, which shall  be  that  rate
 arrived  at  by doubling the semi-annual interest rate (compounded semi-
 annually) necessary to discount the debt service payments on the refund-
 ing or repayment bonds, notes or  other  obligations  from  the  payment
 dates  thereof to the date of issue of the refunding or repayment bonds,
 notes or other obligations and to  the  price  bid  including  estimated

 S. 7506--B                         239                        A. 9506--B
 
 accrued  interest  or proceeds received by the authority including esti-
 mated accrued interest from the sale thereof.  Such  bonds,  other  than
 bonds  issued  to refund outstanding bonds, shall be scheduled to mature
 over  a  term not to exceed the average useful life, as certified by the
 facilities development corporation, of the projects for which the  bonds
 are  issued, and in any case shall not exceed thirty years and the maxi-
 mum maturity of notes or any renewals  thereof  shall  not  exceed  five
 years from the date of the original issue of such notes. Notwithstanding
 the  provisions  of this section, the agency shall have the power and is
 hereby authorized to issue mental health services facilities improvement
 bonds and/or mental health  services  facilities  improvement  notes  to
 refund  outstanding  mental  hygiene  improvement bonds authorized to be
 issued pursuant to the provisions of section 47-b of the private housing
 finance law and the amount of  bonds  issued  or  outstanding  for  such
 purposes shall not be included for purposes of determining the amount of
 bonds  issued pursuant to this section. The director of the budget shall
 allocate the aggregate principal authorized to be issued by  the  agency
 among  the office of mental health, office for people with developmental
 disabilities,  and  the  office  of  [alcoholism  and  substance   abuse
 services]  ADDICTION  SERVICES  AND SUPPORTS, in consultation with their
 respective commissioners to finance bondable  appropriations  previously
 approved by the legislature.
   §  37.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
 laws of 2005, relating to providing for the  administration  of  certain
 funds  and  accounts  related  to  the  2005-2006  budget, as amended by
 section 43 of part TTT of chapter 59 of the laws of 2019, is amended  to
 read as follows:
   (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
 notwithstanding any provisions of law  to  the  contrary,  one  or  more
 authorized  issuers  as defined by section 68-a of the state finance law
 are hereby authorized to issue bonds or notes in one or more  series  in
 an  aggregate  principal  amount  not to exceed [ninety-two million] ONE
 HUNDRED FIFTY-SEVEN MILLION dollars [$92,000,000] $157,000,000,  exclud-
 ing  bonds  issued to finance one or more debt service reserve funds, to
 pay costs of issuance of such bonds, and bonds or notes issued to refund
 or otherwise repay such  bonds  or  notes  previously  issued,  for  the
 purpose  of  financing capital projects for public protection facilities
 in the Division of Military and Naval Affairs, debt service and  leases;
 and to reimburse the state general fund for disbursements made therefor.
 Such  bonds  and  notes of such authorized issuer shall not be a debt of
 the state, and the state shall not be liable thereon, nor shall they  be
 payable  out  of any funds other than those appropriated by the state to
 such authorized issuer for debt service and related expenses pursuant to
 any service contract  executed  pursuant  to  subdivision  (b)  of  this
 section  and  such  bonds  and notes shall contain on the face thereof a
 statement to such effect. Except for  purposes  of  complying  with  the
 internal revenue code, any interest income earned on bond proceeds shall
 only be used to pay debt service on such bonds.
   §  38.  Section  53  of  section 1 of chapter 174 of the laws of 1968,
 constituting the New York state urban development  corporation  act,  as
 added  by  section  46 of part TTT of chapter 59 of the laws of 2019, is
 amended to read as follows:
   § 53. 1. Notwithstanding the  provisions  of  any  other  law  to  the
 contrary,  the dormitory authority and the urban development corporation
 are hereby authorized to issue bonds or notes in one or more series  for
 the  purpose  of funding project costs for the acquisition of equipment,

 S. 7506--B                         240                        A. 9506--B
 
 including but not limited to the creation or modernization  of  informa-
 tion  technology systems and related research and development equipment,
 health and safety equipment, heavy equipment and machinery, the creation
 or  improvement  of security systems, and laboratory equipment and other
 state costs associated with such capital projects. The aggregate princi-
 pal amount of bonds authorized to be issued  pursuant  to  this  section
 shall not exceed [ninety-three million] ONE HUNDRED NINETY-THREE MILLION
 dollars  [$93,000,000]  $193,000,000, excluding bonds issued to fund one
 or more debt service reserve funds, to pay costs  of  issuance  of  such
 bonds, and bonds or notes issued to refund or otherwise repay such bonds
 or  notes  previously  issued.  Such  bonds  and  notes of the dormitory
 authority and the urban development corporation shall not be a  debt  of
 the  state, and the state shall not be liable thereon, nor shall they be
 payable out of any funds other than those appropriated by the  state  to
 the  dormitory authority and the urban development corporation for prin-
 cipal, interest, and related expenses pursuant to a service contract and
 such bonds and notes shall contain on the face thereof  a  statement  to
 such  effect. Except for purposes of complying with the internal revenue
 code, any interest income earned on bond proceeds shall only be used  to
 pay debt service on such bonds.
   2.  Notwithstanding  any  other  provision  of law to the contrary, in
 order to assist the dormitory authority and the urban development corpo-
 ration in undertaking the financing for project costs for  the  acquisi-
 tion  of equipment, including but not limited to the creation or modern-
 ization of information  technology  systems  and  related  research  and
 development  equipment, health and safety equipment, heavy equipment and
 machinery, the creation or improvement of security systems, and  labora-
 tory  equipment  and  other  state  costs  associated  with such capital
 projects, the director of the budget is hereby authorized to enter  into
 one or more service contracts with the dormitory authority and the urban
 development  corporation,  none  of  which  shall exceed thirty years in
 duration, upon such terms and conditions as the director of  the  budget
 and the dormitory authority and the urban development corporation agree,
 so  as  to  annually  provide  to  the dormitory authority and the urban
 development corporation, in the aggregate, a sum not to exceed the prin-
 cipal, interest, and related expenses required for such bonds and notes.
 Any service contract entered into pursuant to this section shall provide
 that the obligation of the state to  pay  the  amount  therein  provided
 shall  not  constitute  a  debt  of  the state within the meaning of any
 constitutional or statutory provision and shall be deemed executory only
 to the extent of  monies  available  and  that  no  liability  shall  be
 incurred  by  the  state  beyond  the monies available for such purpose,
 subject to annual appropriation by the legislature. Any such contract or
 any payments made or to be made thereunder may be assigned  and  pledged
 by  the  dormitory  authority  and  the urban development corporation as
 security for its bonds and notes, as authorized by this section.
   § 39. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
 1991,  amending  the  state  finance  law and other laws relating to the
 establishment of the dedicated highway and bridge trust fund, as amended
 by section 1 of part K of chapter 39 of the laws of 2019, is amended  to
 read as follows:
   (b) Any service contract or contracts for projects authorized pursuant
 to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
 14-k of the transportation law, and entered into pursuant to subdivision
 (a) of this section, shall provide  for  state  commitments  to  provide
 annually  to  the  thruway  authority a sum or sums, upon such terms and

 S. 7506--B                         241                        A. 9506--B

 conditions as shall be deemed appropriate by the director of the budget,
 to fund, or fund the debt service requirements of any bonds or any obli-
 gations of the thruway authority issued to  fund  or  to  reimburse  the
 state  for  funding  such  projects  having a cost not in excess of [ten
 billion eight hundred five million seven hundred seventy-eight thousand]
 ELEVEN BILLION THREE HUNDRED FORTY-NINE MILLION EIGHT  HUNDRED  SEVENTY-
 FIVE  THOUSAND dollars [$10,805,778,000] $11,349,875,000 cumulatively by
 the end of fiscal year [2019-20] 2020-21.
   § 40. Subdivision 1 of section 1689-i of the public  authorities  law,
 as  amended by section 2 of part K of chapter 39 of the laws of 2019, is
 amended to read as follows:
   1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
 request  of  the  commissioner of education, to finance eligible library
 construction projects pursuant to section two hundred seventy-three-a of
 the education law, in amounts certified  by  such  commissioner  not  to
 exceed  a  total  principal amount of two hundred [fifty-one] SIXTY-FIVE
 million dollars [$251,000,000] $265,000,000.
   § 41. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
 constituting  the  New  York state urban development corporation act, as
 amended by section 3 of part K of chapter 39 of the  laws  of  2019,  is
 amended to read as follows:
   §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
 provisions of any other law to the contrary, the dormitory authority and
 the corporation are hereby authorized to issue bonds or notes in one  or
 more  series  for  the purpose of funding project costs for the regional
 economic development council  initiative,  the  economic  transformation
 program,  state university of New York college for nanoscale and science
 engineering, projects within the city of Buffalo  or  surrounding  envi-
 rons,  the  New  York  works economic development fund, projects for the
 retention of professional football in western New York, the empire state
 economic development fund, the  clarkson-trudeau  partnership,  the  New
 York  genome  center, the cornell university college of veterinary medi-
 cine, the olympic  regional  development  authority,  projects  at  nano
 Utica,  onondaga  county  revitalization projects, Binghamton university
 school of pharmacy, New York power electronics manufacturing consortium,
 regional infrastructure projects,  high  tech  innovation  and  economic
 development   infrastructure   program,  high  technology  manufacturing
 projects in Chautauqua and Erie county, an industrial scale research and
 development facility in Clinton county,  upstate  revitalization  initi-
 ative  projects,  downstate  revitalization  initiative, market New York
 projects, fairground buildings, equipment or facilities  used  to  house
 and  promote  agriculture,  the  state fair, the empire state trail, the
 moynihan station development project, the  Kingsbridge  armory  project,
 strategic  economic  development projects, the cultural, arts and public
 spaces fund, water infrastructure in the city  of  Auburn  and  town  of
 Owasco,  a  life  sciences laboratory public health initiative, not-for-
 profit pounds, shelters and humane societies, arts and cultural  facili-
 ties  improvement  program,  restore  New York's communities initiative,
 heavy  equipment,  economic  development  and  infrastructure  projects,
 Roosevelt  Island  operating  corporation capital projects, Lake Ontario
 regional projects, Pennsylvania station and other transit  projects  and
 other state costs associated with such projects. The aggregate principal
 amount  of  bonds authorized to be issued pursuant to this section shall
 not exceed [nine billion eight hundred twenty-one  million  six  hundred
 thirty-six thousand] TEN BILLION THREE HUNDRED THIRTY-FOUR MILLION EIGHT
 HUNDRED  FIFTY-ONE  THOUSAND  dollars  [$9,821,636,000] $10,334,851,000,

 S. 7506--B                         242                        A. 9506--B

 excluding bonds issued to fund one or more debt service  reserve  funds,
 to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
 refund or otherwise repay such bonds or notes  previously  issued.  Such
 bonds and notes of the dormitory authority and the corporation shall not
 be  a  debt of the state, and the state shall not be liable thereon, nor
 shall they be payable out of any funds other than those appropriated  by
 the  state to the dormitory authority and the corporation for principal,
 interest, and related expenses pursuant to a service contract  and  such
 bonds  and  notes  shall contain on the face thereof a statement to such
 effect. Except for purposes of complying with the internal revenue code,
 any interest income earned on bond proceeds shall only be  used  to  pay
 debt service on such bonds.
   2.  Notwithstanding  any  other  provision  of law to the contrary, in
 order to assist the dormitory authority and the corporation in undertak-
 ing the financing for project costs for the regional  economic  develop-
 ment  council  initiative,  the  economic  transformation program, state
 university of New York college for nanoscale  and  science  engineering,
 projects  within  the  city  of Buffalo or surrounding environs, the New
 York works economic development fund,  projects  for  the  retention  of
 professional  football  in  western  New York, the empire state economic
 development fund, the clarkson-trudeau partnership, the New York  genome
 center, the cornell university college of veterinary medicine, the olym-
 pic  regional  development  authority,  projects at nano Utica, onondaga
 county revitalization projects, Binghamton university school of  pharma-
 cy,  New  York  power  electronics  manufacturing  consortium,  regional
 infrastructure projects, New York State Capital Assistance  Program  for
 Transportation,  infrastructure,  and  economic  development,  high tech
 innovation and economic development infrastructure program,  high  tech-
 nology  manufacturing  projects in Chautauqua and Erie county, an indus-
 trial scale research and development facility in Clinton county, upstate
 revitalization initiative projects, downstate revitalization initiative,
 market New York projects, fairground buildings, equipment or  facilities
 used  to house and promote agriculture, the state fair, the empire state
 trail, the moynihan station development project, the Kingsbridge  armory
 project, strategic economic development projects, the cultural, arts and
 public  spaces fund, water infrastructure in the city of Auburn and town
 of Owasco, a life sciences laboratory public health initiative, not-for-
 profit pounds, shelters and humane societies, arts and cultural  facili-
 ties  improvement  program,  restore  New York's communities initiative,
 heavy  equipment,  economic  development  and  infrastructure  projects,
 Roosevelt  Island  operating  corporation capital projects, Lake Ontario
 regional projects, Pennsylvania station and other transit  projects  and
 other  state  costs  associated  with  such projects the director of the
 budget is hereby authorized to enter into one or more service  contracts
 with  the  dormitory  authority and the corporation, none of which shall
 exceed thirty years in duration, upon such terms and conditions  as  the
 director  of  the budget and the dormitory authority and the corporation
 agree, so as to annually provide to  the  dormitory  authority  and  the
 corporation, in the aggregate, a sum not to exceed the principal, inter-
 est, and related expenses required for such bonds and notes. Any service
 contract  entered  into  pursuant to this section shall provide that the
 obligation of the state to pay the amount  therein  provided  shall  not
 constitute  a debt of the state within the meaning of any constitutional
 or statutory provision and shall be deemed executory only to the  extent
 of monies available and that no liability shall be incurred by the state
 beyond  the  monies available for such purpose, subject to annual appro-

 S. 7506--B                         243                        A. 9506--B
 
 priation by the legislature. Any such contract or any payments  made  or
 to  be  made  thereunder  may  be  assigned and pledged by the dormitory
 authority and the corporation as security for its bonds  and  notes,  as
 authorized by this section.
   § 42. Subdivision 1 of section 386-b of the public authorities law, as
 amended  by  section  4  of part K of chapter 39 of the laws of 2019, is
 amended to read as follows:
   1. Notwithstanding any other provision of law  to  the  contrary,  the
 authority, the dormitory authority and the urban development corporation
 are  hereby authorized to issue bonds or notes in one or more series for
 the purpose of financing peace bridge  projects  and  capital  costs  of
 state and local highways, parkways, bridges, the New York state thruway,
 Indian reservation roads, and facilities, and transportation infrastruc-
 ture   projects   including  aviation  projects,  non-MTA  mass  transit
 projects, and rail service preservation projects, including work  appur-
 tenant  and  ancillary  thereto. The aggregate principal amount of bonds
 authorized to be issued pursuant to this section shall not exceed  [four
 billion  six  hundred  forty-eight  million]  SIX  BILLION  NINE HUNDRED
 FORTY-TWO   MILLION   FOUR   HUNDRED   SIXTY-THREE   THOUSAND    dollars
 [$4,648,000,000]  $6,942,463,000,  excluding bonds issued to fund one or
 more debt service reserve funds, to pay costs of issuance of such bonds,
 and to refund or otherwise repay such bonds or notes previously  issued.
 Such  bonds  and notes of the authority, the dormitory authority and the
 urban development corporation shall not be a debt of the state, and  the
 state  shall not be liable thereon, nor shall they be payable out of any
 funds other than those appropriated by the state to the  authority,  the
 dormitory authority and the urban development corporation for principal,
 interest,  and  related expenses pursuant to a service contract and such
 bonds and notes shall contain on the face thereof a  statement  to  such
 effect. Except for purposes of complying with the internal revenue code,
 any  interest  income  earned on bond proceeds shall only be used to pay
 debt service on such bonds.
   § 43. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
 housing  finance law, as amended by section 8 of part K of chapter 39 of
 the laws of 2019, is amended to read as follows:
   (a) Subject to the provisions of chapter fifty-nine of the laws of two
 thousand, in order to enhance and encourage  the  promotion  of  housing
 programs  and thereby achieve the stated purposes and objectives of such
 housing programs, the agency shall have the power and is hereby  author-
 ized  from  time  to  time to issue negotiable housing program bonds and
 notes in such principal amount as shall be necessary to  provide  suffi-
 cient  funds  for the repayment of amounts disbursed (and not previously
 reimbursed) pursuant to law or any prior year making  capital  appropri-
 ations  or  reappropriations  for  the  purposes of the housing program;
 provided, however, that the agency may issue such bonds and notes in  an
 aggregate principal amount not exceeding [six billion two hundred ninety
 million  five  hundred  ninety-nine  thousand]  SIX BILLION FIVE HUNDRED
 THIRTY-ONE  MILLION   FIVE   HUNDRED   TWENTY-THREE   THOUSAND   dollars
 [$6,290,599,000] $6,531,523,000, plus a principal amount of bonds issued
 to  fund  the  debt  service  reserve  fund  in accordance with the debt
 service reserve fund requirement established by the agency and  to  fund
 any  other  reserves  that the agency reasonably deems necessary for the
 security or marketability of such bonds and to provide for  the  payment
 of   fees  and  other  charges  and  expenses,  including  underwriters'
 discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
 enhancement  and  liquidity  enhancement related to the issuance of such

 S. 7506--B                         244                        A. 9506--B
 
 bonds and notes. No reserve fund  securing  the  housing  program  bonds
 shall  be  entitled  or  eligible  to receive state funds apportioned or
 appropriated to maintain or restore such reserve fund at or to a partic-
 ular level, except to the extent of any deficiency resulting directly or
 indirectly  from a failure of the state to appropriate or pay the agreed
 amount under any of the contracts provided for in  subdivision  four  of
 this section.
   §  44.  Subdivision 1 of section 50 of section 1 of chapter 174 of the
 laws of 1968, constituting the New York state urban  development  corpo-
 ration  act, as amended by section 5 of part K of chapter 39 of the laws
 of 2019, is amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the dormitory authority and the urban development corporation are hereby
 authorized to issue bonds or notes in one or more series for the purpose
 of  funding  project  costs  undertaken  by  or on behalf of special act
 school districts,  state-supported  schools  for  the  blind  and  deaf,
 approved private special education schools, non-public schools, communi-
 ty centers, day care facilities, residential camps, day camps, and other
 state costs associated with such capital projects. The aggregate princi-
 pal  amount  of  bonds  authorized to be issued pursuant to this section
 shall  not  exceed  one  hundred  [thirty]  FIFTY-FIVE  million  dollars
 [$130,000,000]  $155,000,000, excluding bonds issued to fund one or more
 debt service reserve funds, to pay costs of issuance of such bonds,  and
 bonds  or  notes issued to refund or otherwise repay such bonds or notes
 previously issued. Such bonds and notes of the dormitory  authority  and
 the  urban development corporation shall not be a debt of the state, and
 the state shall not be liable thereon, nor shall they be payable out  of
 any  funds  other  than those appropriated by the state to the dormitory
 authority and the urban development corporation for principal, interest,
 and related expenses pursuant to a service contract and such  bonds  and
 notes  shall  contain  on  the  face thereof a statement to such effect.
 Except for purposes of complying with the  internal  revenue  code,  any
 interest  income  earned on bond proceeds shall only be used to pay debt
 service on such bonds.
   § 45. Subdivision 1 of section 47 of section 1 of chapter 174  of  the
 laws  of  1968, constituting the New York state urban development corpo-
 ration act, as amended by section 27 of part TTT of chapter  59  of  the
 laws of 2019, is amended to read as follows:
   1.  Notwithstanding  the  provisions of any other law to the contrary,
 the dormitory authority and the corporation  are  hereby  authorized  to
 issue  bonds  or  notes in one or more series for the purpose of funding
 project costs for the office of information technology services, depart-
 ment of  law,  and  other  state  costs  associated  with  such  capital
 projects.  The  aggregate  principal  amount  of  bonds authorized to be
 issued pursuant to this section shall not  exceed  [six]  EIGHT  hundred
 [seventy-seven]  THIRTY  million  [three  hundred]  fifty-four  thousand
 dollars, [$677,354,000] $830,054,000 excluding bonds issued to fund  one
 or  more  debt  service  reserve funds, to pay costs of issuance of such
 bonds, and bonds or notes issued to refund or otherwise repay such bonds
 or notes previously issued.  Such  bonds  and  notes  of  the  dormitory
 authority  and the corporation shall not be a debt of the state, and the
 state shall not be liable thereon, nor shall they be payable out of  any
 funds  other  than  those  appropriated  by  the  state to the dormitory
 authority and the  corporation  for  principal,  interest,  and  related
 expenses  pursuant  to a service contract and such bonds and notes shall
 contain on the face thereof a  statement  to  such  effect.  Except  for

 S. 7506--B                         245                        A. 9506--B
 
 purposes  of  complying  with  the  internal  revenue code, any interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   §  46.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
 finance law, as amended by section 43 of part XXX of chapter 59  of  the
 laws of 2017, is amended to read as follows:
   (b)  On  or  before the beginning of each quarter, the director of the
 budget may certify to the state  comptroller  the  estimated  amount  of
 monies  that  shall be reserved in the general debt service fund for the
 payment of debt service and related expenses payable by such fund during
 each month of the state fiscal year, excluding  payments  due  from  the
 revenue  bond tax fund. Such certificate may be periodically updated, as
 necessary. Notwithstanding any provision of law  to  the  contrary,  the
 state  comptroller  shall  reserve  in the general debt service fund the
 amount of monies identified on such certificate  as  necessary  for  the
 payment  of debt service and related expenses during the current or next
 succeeding quarter of the state fiscal year. Such monies reserved  shall
 not  be  available  for  any  other  purpose.  Such certificate shall be
 reported to the chairpersons of the Senate  Finance  Committee  and  the
 Assembly  Ways  and  Means  Committee.  The provisions of this paragraph
 shall expire June thirtieth, two thousand [twenty] TWENTY-THREE.
   § 47. Section 2 of the state finance law is amended by  adding  a  new
 subdivision 1-a to read as follows:
   1-A.  "BUSINESS  DAY".  ANY  DAY  OF THE YEAR WHICH IS NOT A SATURDAY,
 SUNDAY OR LEGAL HOLIDAY IN THE STATE OF NEW YORK AND NOT A DAY ON  WHICH
 BANKS ARE AUTHORIZED OR OBLIGATED TO BE CLOSED IN THE CITY OF NEW YORK.
   §  48. Paragraph a of subdivision 4 of section 57 of the state finance
 law, as amended by section 39 of part JJ of chapter 56 of  the  laws  of
 2010, is amended to read as follows:
   a.  Such  bonds  shall  be sold at par, at par plus a premium, or at a
 discount to the bidder offering the lowest interest cost to  the  state,
 taking  into  consideration  any premium or discount and, in the case of
 refunding bonds, the bona fide initial public offering price,  not  less
 than  [four  nor more than fifteen days, Sundays excepted,] TWO BUSINESS
 DAYS after THE PUBLICATION OF  a    notice  of  [such]  sale  [has  been
 published] at least once in a definitive trade publication of the munic-
 ipal  bond  industry  published on each business day in the state of New
 York which is generally available IN  ELECTRONIC  OR  PHYSICAL  FORM  to
 participants  in  the  municipal bond industry, which notice shall state
 the terms of the sale. The comptroller may not change the terms  of  the
 sale  unless  notice  of such change is sent via a definitive trade wire
 service of the municipal bond industry which, in general,  makes  avail-
 able  information regarding activity and sales of municipal bonds and is
 generally available to participants in the municipal bond  industry,  at
 least  one  hour  prior  to  the  time  of  the sale as set forth in the
 original notice of sale. In so changing the terms  or  conditions  of  a
 sale  the comptroller may send notice by such wire service that the sale
 will be delayed by up to thirty days, provided that wire notice  of  the
 new  sale  date will be given at least one business day prior to the new
 time when bids will be accepted. In such event, no new  notice  of  sale
 shall  be  required  to  be published. Notwithstanding the provisions of
 section three hundred five of the state technology law or any other law,
 if the notice of sale contains  a  provision  that  bids  will  only  be
 accepted  electronically  in the manner provided in such notice of sale,
 the comptroller shall not be required to accept non-electronic  bids  in
 any  form.  Advertisements  shall contain a provision to the effect that

 S. 7506--B                         246                        A. 9506--B
 
 the state comptroller, in his or her discretion, may reject any  or  all
 bids  made in pursuance of such advertisements, and in the event of such
 rejection, the state comptroller is authorized to  negotiate  a  private
 sale  or  readvertise for bids in the form and manner above described as
 many times as, in his or her judgment, may  be  necessary  to  effect  a
 satisfactory  sale.  Notwithstanding  the  foregoing  provisions of this
 paragraph, whenever in the judgment of the comptroller the interests  of
 the  state  will  be  served  thereby, he or she may sell state bonds at
 private sale at par, at par plus a premium, or at a discount. The  comp-
 troller  shall promulgate regulations governing the terms and conditions
 of any such private sales, which regulations shall include  a  provision
 that  he  or she give notice to the governor, the temporary president of
 the senate, and the speaker of the assembly, of his or her intention  to
 conduct  a private sale of obligations pursuant to this section not less
 than [five] TWO BUSINESS days prior to such sale or the execution of any
 binding agreement to effect such sale.
   § 49. Subdivision (a) of section 211 of the  civil  practice  law  and
 rules, as amended by chapter 267 of the laws of 1970, is amended to read
 as follows:
   (a) On a bond. An action to recover principal or interest upon a writ-
 ten instrument evidencing an indebtedness of the state of New York or of
 any  person,  association  or  public or private corporation, originally
 sold by the issuer after publication of an advertisement  for  bids  for
 the issue in [a newspaper of general circulation] ELECTRONIC OR PHYSICAL
 FORM and secured only by a pledge of the faith and credit of the issuer,
 regardless  of  whether  a sinking fund is or may be established for its
 redemption, must be commenced within twenty years  after  the  cause  of
 action  accrues. This subdivision does not apply to actions upon written
 instruments evidencing an indebtedness of any  corporation,  association
 or  person  under the jurisdiction of the public service commission, the
 commissioner of transportation, the interstate commerce commission,  the
 federal  communications  commission,  the  civil  aeronautics board, the
 federal power commission, or any other regulatory commission or board of
 a state or of the federal government. This subdivision  applies  to  all
 causes  of  action, including those barred on April eighteenth, nineteen
 hundred fifty, by the provisions of the civil practice act  then  effec-
 tive.
   § 49-a. 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 section 54 to read as follows:
   §  54.  1. FINDINGS AND DECLARATION OF NEED. (A) THE STATE OF NEW YORK
 FINDS AND DETERMINES THAT THE GLOBAL SPREAD OF THE COVID-19  CORONAVIRUS
 DISEASE  IS  HAVING  AND  IS  EXPECTED TO CONTINUE TO HAVE A SIGNIFICANT
 IMPACT ON THE HEALTH AND WELFARE OF INDIVIDUALS IN THE STATE AS WELL  AS
 A SIGNIFICANT FINANCIAL IMPACT ON THE STATE. THE SERIOUS THREAT POSED BY
 THE  COVID-19  CORONAVIRUS DISEASE HAS CAUSED GOVERNMENTS, INCLUDING THE
 STATE, TO ADOPT POLICIES, REGULATIONS AND PROCEDURES TO SUSPEND  VARIOUS
 LEGAL REQUIREMENTS IN ORDER TO (I) RESPOND TO AND MITIGATE THE IMPACT OF
 THE  OUTBREAK, AND (II) PROVIDE TEMPORARY RELIEF TO INDIVIDUALS, INCLUD-
 ING THE DEFERRAL OF THE FEDERAL INCOME TAX PAYMENT DEADLINE  FROM  APRIL
 15,  2020  TO  A  LATER DATE IN THE CALENDAR YEAR. THE STATE OF NEW YORK
 FURTHER FINDS AND DETERMINES THAT  CERTAIN  FISCAL  MANAGEMENT  AUTHORI-
 ZATION MEASURES SHOULD BE AUTHORIZED AND ESTABLISHED.
   (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO THE CONTRARY,
 INCLUDING, SPECIFICALLY, THE PROVISIONS OF CHAPTER 59  OF  THE  LAWS  OF
 2000  AND  SECTION SIXTY-SEVEN-B OF THE STATE FINANCE LAW, THE DORMITORY

 S. 7506--B                         247                        A. 9506--B
 
 AUTHORITY OF THE STATE OF  NEW  YORK  AND  THE  CORPORATION  ARE  HEREBY
 AUTHORIZED  TO  ISSUE  UNTIL DECEMBER 31, 2020, NOTES WITH A MATURITY NO
 LATER THAN MARCH 31, 2021, TO  BE  DESIGNATED  AS  PERSONAL  INCOME  TAX
 REVENUE  OR  BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES IN AN AGGRE-
 GATE PRINCIPAL AMOUNT NOT TO EXCEED  EIGHT  BILLION  DOLLARS,  EXCLUDING
 NOTES  ISSUED  TO FINANCE ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY
 COSTS OF ISSUANCE OF SUCH NOTES, AND NOTES ISSUED TO  RENEW,  REFUND  OR
 OTHERWISE  REPAY SUCH NOTES PREVIOUSLY ISSUED, FOR THE PURPOSE OF TEMPO-
 RARILY FINANCING BUDGETARY NEEDS OF  THE  STATE  FOLLOWING  THE  FEDERAL
 GOVERNMENT  DEFERRAL  OF  THE  FEDERAL  INCOME TAX PAYMENT DEADLINE FROM
 APRIL 15, 2020 TO A LATER DATE IN THE CALENDAR YEAR. SUCH PURPOSE  SHALL
 CONSTITUTE  AN  AUTHORIZED  PURPOSE  UNDER  SUBDIVISION  TWO  OF SECTION
 SIXTY-EIGHT-A OF THE STATE FINANCE  LAW  FOR  ALL  PURPOSES  OF  ARTICLE
 FIVE-C  OF  THE  STATE  FINANCE  LAW  WITH RESPECT TO THE NOTES, RENEWAL
 NOTES, REFUNDING NOTES AND ANY STATE PERSONAL INCOME TAX  REVENUE  BONDS
 ISSUED TO REFINANCE ANY NOTES, RENEWAL NOTES, REFUNDING NOTES AUTHORIZED
 BY  THIS  PARAGRAPH.    ON  OR  BEFORE THEIR MATURITY, SUCH NOTES MAY BE
 RENEWED OR REFUNDED ONCE WITH RENEWAL OR REFUNDING NOTES  FOR  AN  ADDI-
 TIONAL PERIOD NOT TO EXCEED ONE YEAR FROM THE DATE OF RENEWAL OR REFUND-
 ING.  IF ON OR BEFORE THE MATURITY DATE OF SUCH NOTES OR SUCH RENEWAL OR
 REFUNDING NOTES, THE DIRECTOR OF THE DIVISION OF THE BUDGET SHALL DETER-
 MINE THAT ALL OR A PORTION OF SUCH NOTES OR SUCH  RENEWAL  OR  REFUNDING
 NOTES  SHALL  BE  REFINANCED  ON  A  LONG TERM BASIS, SUCH NOTES OR SUCH
 RENEWAL OR REFUNDING NOTES MAY BE REFINANCED WITH STATE PERSONAL  INCOME
 TAX REVENUE BONDS IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT
 NOT  TO  EXCEED  THE  THEN OUTSTANDING PRINCIPAL AMOUNT OF SUCH NOTES OR
 SUCH RENEWAL OR REFUNDING NOTES PLUS AN AMOUNT NECESSARY TO FINANCE  ONE
 OR  MORE DEBT SERVICE RESERVE FUNDS AND TO PAY COSTS OF ISSUANCE OF SUCH
 REFUNDING BONDS, NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW  TO  THE
 CONTRARY,  INCLUDING, SPECIFICALLY, THE PROVISIONS OF CHAPTER FIFTY-NINE
 OF THE LAWS OF TWO THOUSAND  AND  SECTION  SIXTY-SEVEN-B  OF  THE  STATE
 FINANCE  LAW.    FOR SO LONG AS ANY NOTES, RENEWAL OR REFUNDING NOTES OR
 SUCH REFUNDING BONDS AUTHORIZED BY THIS PARAGRAPH SHALL REMAIN OUTSTAND-
 ING, INCLUDING ANY STATE-SUPPORTED DEBT ISSUED TO REFINANCE THE  REFUND-
 ING  BONDS  AUTHORIZED  BY THIS PARAGRAPH, THE RESTRICTIONS, LIMITATIONS
 AND REQUIREMENTS CONTAINED IN ARTICLE FIVE-B OF THE  STATE  FINANCE  LAW
 SHALL NOT APPLY.
   (C)  SUCH NOTES, RENEWAL OR REFUNDING NOTES AND REFUNDING BONDS OF THE
 DORMITORY AUTHORITY AND THE CORPORATION SHALL  NOT  BE  A  DEBT  OF  THE
 STATE,  AND  THE  STATE  SHALL  NOT BE LIABLE THEREON, NOR SHALL THEY BE
 PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE  STATE  TO
 THE DORMITORY AUTHORITY AND THE CORPORATION FOR DEBT SERVICE AND RELATED
 EXPENSES  PURSUANT TO ANY FINANCING AGREEMENT DESCRIBED IN PARAGRAPH (D)
 OF THIS SUBDIVISION, AND SUCH NOTES,  RENEWAL  OR  REFUNDING  NOTES  AND
 REFUNDING  BONDS  SHALL  CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH
 EFFECT.  SUCH NOTES, RENEWAL OR REFUNDING NOTES AND ANY REFUNDING  BONDS
 ISSUED  TO REFINANCE SUCH NOTES AND/OR ANY RENEWAL OR REFUNDING NOTES ON
 A SUBORDINATE BASIS SHALL BE SECURED BY SUBORDINATE  PAYMENTS  FROM  THE
 REVENUE  BOND  TAX  FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-Z OF
 THE STATE FINANCE LAW.   REFUNDING BONDS ISSUED TO  REFINANCE  ANY  SUCH
 NOTES AND/OR RENEWAL OR REFUNDING NOTES ON A PARITY BASIS WITH OUTSTAND-
 ING  STATE  PERSONAL  INCOME  TAX  REVENUE BONDS SHALL BE ISSUED ONLY IN
 ACCORDANCE WITH THE PROVISIONS  OF  THE  APPLICABLE  RESOLUTION  OF  THE
 DORMITORY AUTHORITY OR THE CORPORATION AUTHORIZING THE ISSUANCE OF STATE
 PERSONAL  INCOME TAX REVENUE BONDS AND SHALL BE SECURED BY PAYMENTS FROM
 THE REVENUE BOND TAX FUND  ON  A  PARITY  WITH  SUCH  OUTSTANDING  STATE

 S. 7506--B                         248                        A. 9506--B

 PERSONAL  INCOME  TAX  REVENUE BONDS.   EXCEPT FOR PURPOSES OF COMPLYING
 WITH THE INTERNAL REVENUE CODE,  ANY  INTEREST  INCOME  EARNED  ON  NOTE
 PROCEEDS  SHALL  ONLY  BE USED TO PAY DEBT SERVICE ON SUCH NOTES. ALL OF
 THE  PROVISIONS  OF  THE  DORMITORY AUTHORITY ACT AND THE NEW YORK STATE
 URBAN DEVELOPMENT CORPORATION ACT RELATING TO NOTES AND BONDS WHICH  ARE
 NOT  INCONSISTENT  WITH  THE  PROVISIONS  OF THIS SECTION SHALL APPLY TO
 NOTES AND BONDS AUTHORIZED BY PARAGRAPH (B) OF THIS SUBDIVISION, INCLUD-
 ING BUT NOT LIMITED TO THE POWER TO ESTABLISH ADEQUATE RESERVES THEREFOR
 AND TO ISSUE RENEWAL NOTES, REFUNDING NOTES AND REFUNDING BONDS, IN  ANY
 CASE  SUBJECT  TO THE FINAL MATURITY LIMITATION FOR SUCH NOTES SET FORTH
 IN PARAGRAPH (B) OF THIS SUBDIVISION. THE ISSUANCE OF ANY NOTES, RENEWAL
 OR REFUNDING NOTES AND REFUNDING BONDS AUTHORIZED BY  PARAGRAPH  (B)  OF
 THIS  SUBDIVISION SHALL FURTHER BE SUBJECT TO THE APPROVAL OF THE DIREC-
 TOR OF THE DIVISION OF THE BUDGET.
   (D) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY
 BUT SUBJECT TO THE LIMITATIONS CONTAINED IN PARAGRAPH (B) OF THIS SUBDI-
 VISION,  IN  ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION
 IN UNDERTAKING THE ADMINISTRATION AND FINANCING OF SUCH  NOTES,  RENEWAL
 OR  REFUNDING  NOTES  AND REFUNDING BONDS, THE DIRECTOR OF THE BUDGET IS
 HEREBY AUTHORIZED TO SUPPLEMENT ANY EXISTING  FINANCING  AGREEMENT  WITH
 THE  DORMITORY  AUTHORITY  AND  THE  CORPORATION, OR TO ENTER INTO A NEW
 FINANCING AGREEMENT WITH THE DORMITORY AUTHORITY  AND  THE  CORPORATION,
 UPON  SUCH  TERMS  AND  CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE
 DORMITORY AUTHORITY AND THE CORPORATION SHALL AGREE, SO AS  TO  ANNUALLY
 PROVIDE  TO  THE  DORMITORY AUTHORITY AND THE CORPORATION, IN THE AGGRE-
 GATE, A SUM NOT TO EXCEED THE ANNUAL DEBT SERVICE PAYMENTS  AND  RELATED
 EXPENSES  REQUIRED FOR ANY NOTES, RENEWAL OR REFUNDING NOTES AND REFUND-
 ING BONDS ISSUED PURSUANT TO THIS  SECTION.    ANY  FINANCING  AGREEMENT
 SUPPLEMENTED OR ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT
 THE OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT
 CONSTITUTE  A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
 OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE  EXTENT
 OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
 BEYOND  THE MONIES AVAILABLE FOR SUCH PURPOSES, SUBJECT TO ANNUAL APPRO-
 PRIATION BY  THE  LEGISLATURE.  ANY  SUCH  FINANCING  AGREEMENT  OR  ANY
 PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED OR PLEDGED BY THE
 DORMITORY  AUTHORITY  AND  THE  CORPORATION  AS  SECURITY FOR THE NOTES,
 RENEWAL AND REFUNDING NOTES AND REFUNDING BONDS AUTHORIZED BY  PARAGRAPH
 (B) OF THIS SUBDIVISION.
   (E)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO THE CONTRARY,
 INCLUDING SPECIFICALLY THE PROVISIONS OF SUBDIVISION 3 OF  SECTION  67-B
 OF  THE  STATE FINANCE LAW, NO CAPITAL WORK OR PURPOSE SHALL BE REQUIRED
 FOR ANY ISSUANCE OF PERSONAL INCOME TAX  REVENUE  OR  BOND  ANTICIPATION
 NOTES,  RENEWAL  OR  REFUNDING  NOTES  OR  REFUNDING BONDS ISSUED BY THE
 DORMITORY AUTHORITY AND THE CORPORATION PURSUANT TO THIS SECTION.
   (F) NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE  CONTRA-
 RY,  THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE
 CREDIT OF THE GENERAL FUND, ALL PROCEEDS OF PERSONAL INCOME TAX  REVENUE
 OR BOND ANTICIPATION NOTES ISSUED BY THE DORMITORY AUTHORITY AND THE NEW
 YORK STATE URBAN DEVELOPMENT CORPORATION PURSUANT TO THIS SECTION.
   2.  EFFECT  OF  INCONSISTENT  PROVISIONS. INSOFAR AS THE PROVISIONS OF
 THIS SECTION ARE INCONSISTENT WITH THE  PROVISIONS  OF  ANY  OTHER  LAW,
 GENERAL,  SPECIAL,  OR  LOCAL,  THE  PROVISIONS OF THIS SECTION SHALL BE
 CONTROLLING.
   3. SEVERABILITY; CONSTRUCTION. THE PROVISIONS OF THIS SECTION SHALL BE
 SEVERABLE, AND IF THE APPLICATION OF ANY  CLAUSE,  SENTENCE,  PARAGRAPH,

 S. 7506--B                         249                        A. 9506--B
 
 SUBDIVISION,  SECTION  OR  PART OF THIS SECTION TO ANY PERSON OR CIRCUM-
 STANCE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT  JURISDICTION  TO  BE
 INVALID,  SUCH  JUDGMENT SHALL NOT NECESSARILY AFFECT, IMPAIR OR INVALI-
 DATE  THE  APPLICATION OF ANY SUCH CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
 SION, SECTION, PART OF THIS SECTION 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 JUDG-
 MENT SHALL HAVE BEEN RENDERED.
   § 49-b. 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 section 55 to read as follows:
   §  55.  1. FINDINGS AND DECLARATION OF NEED. (A) THE STATE OF NEW YORK
 FINDS AND DETERMINES THAT THE GLOBAL SPREAD OF THE COVID-19  CORONAVIRUS
 DISEASE  IS  HAVING  AND  IS  EXPECTED TO CONTINUE TO HAVE A SIGNIFICANT
 IMPACT ON THE HEALTH AND WELFARE OF INDIVIDUALS IN THE STATE AS WELL  AS
 A SIGNIFICANT FINANCIAL IMPACT ON THE STATE. THE SERIOUS THREAT POSED BY
 THE  COVID-19  CORONAVIRUS DISEASE HAS CAUSED GOVERNMENTS, INCLUDING THE
 STATE, TO ADOPT POLICIES, REGULATIONS AND PROCEDURES TO SUSPEND  VARIOUS
 LEGAL  REQUIREMENTS  IN ORDER TO: (I) RESPOND TO AND MITIGATE THE IMPACT
 OF THE OUTBREAK; AND (II) ADDRESS BUDGETARY PRESSURES TO THE STATE ARIS-
 ING FROM ANTICIPATED SHORTFALLS AND DEFERRALS IN THE STATE'S FISCAL 2021
 FINANCIAL PLAN RECEIPTS, THEREBY REQUIRING THAT CERTAIN  FISCAL  MANAGE-
 MENT AUTHORIZATION MEASURES BE AUTHORIZED AND ESTABLISHED.
   (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO THE CONTRARY,
 INCLUDING, SPECIFICALLY, THE PROVISIONS OF CHAPTER 59  OF  THE  LAWS  OF
 2000  AND SECTION 67-B OF THE STATE FINANCE LAW, DURING THE STATE'S 2021
 FISCAL YEAR, THE DORMITORY AUTHORITY OF THE STATE OF NEW  YORK  AND  THE
 URBAN  DEVELOPMENT CORPORATION ARE AUTHORIZED TO: (I) ENTER INTO COMMIT-
 MENTS WITH FINANCIAL INSTITUTIONS FOR THE ESTABLISHMENT OF ONE  OR  MORE
 LINE OF CREDIT FACILITIES AND OTHER SIMILAR REVOLVING FINANCING ARRANGE-
 MENTS  NOT  IN  EXCESS  OF  THREE BILLION DOLLARS IN AGGREGATE PRINCIPAL
 AMOUNT OUTSTANDING AT ANY ONE TIME; (II) DRAW, AT ONE OR MORE  TIMES  AT
 THE  DIRECTION  OF  THE DIRECTOR OF THE BUDGET, UPON SUCH LINE OF CREDIT
 FACILITIES AND PROVIDE TO THE STATE THE AMOUNTS SO DRAWN FOR THE PURPOSE
 OF ASSISTING THE STATE TO TEMPORARILY FINANCE ITS BUDGETARY  NEEDS;  AND
 (III)  SECURE  REPAYMENT OF SUCH DRAWS UNDER SUCH LINE OF CREDIT FACILI-
 TIES WITH A SERVICE CONTRACT OF  THE  STATE,  WHICH  PAYMENT  OBLIGATION
 THEREUNDER  SHALL  NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING
 OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED  EXECU-
 TORY ONLY TO THE EXTENT MONEYS ARE AVAILABLE AND THAT NO LIABILITY SHALL
 BE  INCURRED  BY THE STATE BEYOND THE MONEYS AVAILABLE FOR SUCH PURPOSE,
 AND THAT SUCH PAYMENT OBLIGATION IS SUBJECT TO ANNUAL  APPROPRIATION  BY
 THE  LEGISLATURE.  ANY LINE OF CREDIT FACILITY AGREEMENTS ENTERED BY THE
 DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND/OR THE  URBAN  DEVELOP-
 MENT  CORPORATION  WITH  FINANCIAL INSTITUTIONS PURSUANT TO THIS SECTION
 MAY CONTAIN SUCH PROVISIONS THAT THE DORMITORY AUTHORITY OF THE STATE OF
 NEW YORK AND/OR THE URBAN  DEVELOPMENT  CORPORATION  DEEM  NECESSARY  OR
 DESIRABLE  FOR  THE ESTABLISHMENT OF SUCH CREDIT FACILITIES. THE MAXIMUM
 ORIGINAL TERM OF ANY LINE OF CREDIT FACILITY SHALL BE ONE YEAR FROM  THE
 DATE OF INCURRENCE; PROVIDED HOWEVER THAT ANY SUCH LINE OF CREDIT FACIL-
 ITY  MAY BE EXTENDED, RENEWED OR REFINANCED FOR UP TO TWO ADDITIONAL ONE
 YEAR TERMS.  IF ON OR BEFORE THE MATURITY DATE OF THE ORIGINAL  TERM  OF
 SUCH  LINE  OF CREDIT FACILITY OR ANY RENEWAL OR EXTENSION TERM THEREOF,
 THE DIRECTOR OF THE DIVISION OF THE BUDGET SHALL DETERMINE THAT ALL OR A
 PORTION OF ANY OUTSTANDING LINE OF CREDIT FACILITY SHALL  BE  REFINANCED

 S. 7506--B                         250                        A. 9506--B
 
 ON  A  LONG-TERM BASIS, THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK
 AND/OR THE URBAN DEVELOPMENT CORPORATION  ARE  AUTHORIZED  TO  REFINANCE
 SUCH  LINE  OF  CREDIT  FACILITY  WITH STATE PERSONAL INCOME TAX REVENUE
 BONDS  AND/OR  STATE  SERVICE CONTRACT BONDS IN ONE OR MORE SERIES IN AN
 AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED THE THEN OUTSTANDING  PRINCIPAL
 AMOUNT OF SUCH LINE OF CREDIT FACILITY AND ANY ACCRUED INTEREST THEREON,
 PLUS  AN  AMOUNT  NECESSARY  TO FINANCE ONE OR MORE DEBT SERVICE RESERVE
 FUNDS AND TO PAY COSTS OF ISSUANCE OF SUCH  STATE  PERSONAL  INCOME  TAX
 REVENUE BONDS AND/OR STATE SERVICE CONTRACT BONDS.
   (C)  NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRA-
 RY, THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO  THE
 CREDIT  OF  THE  GENERAL  FUND,  ALL  AMOUNTS  PROVIDED BY THE DORMITORY
 AUTHORITY OF THE STATE OF NEW YORK AND/OR THE URBAN  DEVELOPMENT  CORPO-
 RATION  TO  THE  STATE  FROM  DRAWS  MADE ON ANY LINE OF CREDIT FACILITY
 AUTHORIZED BY PARAGRAPH (B) OF THIS SUBDIVISION.
   (D) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,
 INCLUDING  SPECIFICALLY  THE PROVISIONS OF SUBDIVISION 3 OF SECTION 67-B
 OF THE STATE FINANCE LAW, NO CAPITAL WORK OR PURPOSE SHALL  BE  REQUIRED
 FOR  ANY  INDEBTEDNESS  INCURRED  IN  CONNECTION WITH ANY LINE OF CREDIT
 FACILITY AUTHORIZED BY PARAGRAPH (B) OF THIS SUBDIVISION AND ANY  EXTEN-
 SIONS  OR RENEWALS THEREOF, OR FOR ANY STATE PERSONAL INCOME TAX REVENUE
 BONDS AND/OR STATE SERVICE CONTRACT BONDS ISSUED TO REFINANCE ANY OF THE
 FOREGOING, OR FOR ANY SERVICE CONTRACT ENTERED INTO IN  CONNECTION  WITH
 ANY LINE OF CREDIT FACILITY, ALL IN ACCORDANCE WITH THIS SECTION.
   (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR SO
 LONG  AS  ANY SUCH LINE OF CREDIT FACILITY SHALL REMAIN OUTSTANDING, THE
 RESTRICTIONS, LIMITATIONS AND REQUIREMENTS CONTAINED IN ARTICLE  5-B  OF
 THE  STATE  FINANCE LAW SHALL NOT APPLY. IN ADDITION, SUCH RESTRICTIONS,
 LIMITATIONS AND REQUIREMENTS SHALL  NOT  APPLY  TO  ANY  STATE  PERSONAL
 INCOME  TAX  REVENUE BONDS AND/OR STATE SERVICE CONTRACT BONDS ISSUED TO
 REFUND SUCH LINE OF CREDIT FACILITY FOR SO LONG AS SUCH  STATE  PERSONAL
 INCOME  TAX  REVENUE  BONDS  AND/OR  STATE  SERVICE CONTRACT BONDS SHALL
 REMAIN OUTSTANDING, INCLUDING ANY STATE-SUPPORTED DEBT ISSUED TO  REFUND
 SUCH  STATE  PERSONAL  INCOME  TAX  REVENUE  BONDS  AND/OR STATE SERVICE
 CONTRACT BONDS.  ANY SUCH LINE OF CREDIT FACILITY, INCLUDING ANY  EXTEN-
 SIONS  OR  RENEWALS  THEREOF,  AND ANY STATE PERSONAL INCOME TAX REVENUE
 BONDS AND/OR STATE SERVICE CONTRACT BONDS ISSUED TO REFUND SUCH LINE  OF
 CREDIT  FACILITIES  SHALL  BE  DEEMED  TO  BE  INCURRED OR ISSUED FOR AN
 AUTHORIZED PURPOSE WITHIN THE MEANING OF SUBDIVISION 2 OF  SECTION  68-A
 OF  THE  STATE  FINANCE LAW. AS APPLICABLE, ALL OF THE PROVISIONS OF THE
 STATE FINANCE LAW, THE DORMITORY AUTHORITY ACT AND THE  NEW  YORK  STATE
 URBAN  DEVELOPMENT CORPORATION ACT RELATING TO NOTES AND BONDS WHICH ARE
 NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL APPLY TO  ANY
 ISSUANCE OF STATE PERSONAL INCOME TAX REVENUE BONDS AND/OR STATE SERVICE
 CONTRACT  BONDS  ISSUED TO REFINANCE ANY LINE OF CREDIT FACILITY AUTHOR-
 IZED BY PARAGRAPH (B) OF THIS SUBDIVISION. THE  ISSUANCE  OF  ANY  STATE
 PERSONAL  INCOME  TAX  REVENUE BONDS AND/OR STATE SERVICE CONTRACT BONDS
 ISSUED TO REFINANCE ANY SUCH LINE OF CREDIT FACILITY  SHALL  FURTHER  BE
 SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE BUDGET.
   (F) ANY DRAWS ON A LINE OF CREDIT FACILITY AUTHORIZED BY PARAGRAPH (B)
 OF  THIS SUBDIVISION SHALL ONLY BE MADE AND THE SERVICE CONTRACT ENTERED
 INTO IN CONNECTION WITH SUCH LINE OF CREDIT  FACILITIES  SHALL  ONLY  BE
 EXECUTED  AND  DELIVERED  TO THE DORMITORY AUTHORITY OF THE STATE OF NEW
 YORK AND/OR THE URBAN DEVELOPMENT CORPORATION  IF  THE  LEGISLATURE  HAS
 ENACTED  SUFFICIENT APPROPRIATION AUTHORITY TO PROVIDE FOR THE REPAYMENT
 OF ALL AMOUNTS EXPECTED TO BE DRAWN BY THE DORMITORY  AUTHORITY  OF  THE

 S. 7506--B                         251                        A. 9506--B
 
 STATE  OF  NEW  YORK AND/OR THE URBAN DEVELOPMENT CORPORATION UNDER SUCH
 LINE OF CREDIT FACILITY DURING FISCAL YEAR 2021. AMOUNTS REPAID UNDER  A
 LINE  OF  CREDIT  FACILITY  DURING  FISCAL  YEAR 2021 MAY BE RE-BORROWED
 DURING SUCH FISCAL YEAR PROVIDED THAT THE LEGISLATURE HAS ENACTED SUFFI-
 CIENT  APPROPRIATION  AUTHORITY TO PROVIDE FOR THE REPAYMENT OF ANY SUCH
 RE-BORROWED AMOUNTS. NEITHER THE DORMITORY AUTHORITY OF THE STATE OF NEW
 YORK NOR THE URBAN DEVELOPMENT  CORPORATION  SHALL  HAVE  ANY  FINANCIAL
 LIABILITY  FOR  THE REPAYMENT OF DRAWS UNDER ANY LINE OF CREDIT FACILITY
 AUTHORIZED BY PARAGRAPH  (B)  OF  THIS  SUBDIVISION  BEYOND  THE  MONEYS
 RECEIVED FOR SUCH PURPOSE UNDER THE SERVICE CONTRACT AUTHORIZED BY PARA-
 GRAPH (G) OF THIS SUBDIVISION.
   (G) THE DIRECTOR OF THE BUDGET IS AUTHORIZED TO ENTER INTO ONE OR MORE
 SERVICE  CONTRACTS  OR  OTHER  AGREEMENTS, NONE OF WHICH SHALL EXCEED 30
 YEARS IN DURATION, WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK
 AND/OR THE URBAN DEVELOPMENT CORPORATION, UPON SUCH TERMS AND CONDITIONS
 AS THE DIRECTOR OF THE BUDGET AND DORMITORY AUTHORITY OF  THE  STATE  OF
 NEW  YORK  AND/OR  THE  URBAN  DEVELOPMENT  CORPORATION SHALL AGREE. ANY
 SERVICE CONTRACT OR OTHER AGREEMENTS ENTERED INTO PURSUANT TO THIS PARA-
 GRAPH SHALL PROVIDE FOR STATE COMMITMENTS TO  PROVIDE  ANNUALLY  TO  THE
 DORMITORY  AUTHORITY  OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOP-
 MENT CORPORATION A SUM OR SUMS, UPON SUCH TERMS AND CONDITIONS AS  SHALL
 BE  DEEMED  APPROPRIATE  BY THE DIRECTOR OF THE BUDGET AND THE DORMITORY
 AUTHORITY OF THE STATE OF NEW YORK AND/OR THE URBAN  DEVELOPMENT  CORPO-
 RATION,  TO  FUND  THE  PAYMENT  OF AMOUNTS DUE UNDER ANY LINE OF CREDIT
 FACILITY AND ANY STATE PERSONAL INCOME TAX REVENUE  BONDS  AND/OR  STATE
 SERVICE CONTRACT BONDS ISSUED TO REFINANCE SUCH LINE OF CREDIT FACILITY.
 ANY  SUCH  SERVICE  CONTRACT  OR OTHER AGREEMENTS SHALL PROVIDE THAT THE
 OBLIGATION OF THE DIRECTOR OF THE BUDGET OR OF THE STATE TO FUND  OR  TO
 PAY  THE AMOUNTS THEREIN PROVIDED FOR SHALL NOT CONSTITUTE A DEBT OF THE
 STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL  OR  STATUTORY  PROVISION
 AND  SHALL  BE  DEEMED EXECUTORY ONLY TO THE EXTENT MONEYS ARE AVAILABLE
 AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE BEYOND  THE  MONEYS
 AVAILABLE FOR SUCH PURPOSE, AND THAT SUCH OBLIGATION IS SUBJECT TO ANNU-
 AL APPROPRIATION BY THE LEGISLATURE.
   (H)  ANY SERVICE CONTRACT OR OTHER AGREEMENTS ENTERED INTO PURSUANT TO
 PARAGRAPH (G) OF THIS SUBDIVISION OR ANY PAYMENTS MADE  OR  TO  BE  MADE
 THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE DORMITORY AUTHORITY OF THE
 STATE  OF  NEW YORK AND/OR THE URBAN DEVELOPMENT CORPORATION AS SECURITY
 FOR ANY RELATED PAYMENT OBLIGATION IT MAY HAVE WITH ONE OR  MORE  FINAN-
 CIAL  INSTITUTIONS  IN CONNECTION WITH A LINE OF CREDIT FACILITY AUTHOR-
 IZED BY PARAGRAPH (B) OF THIS SUBDIVISION.
   (I) IN ADDITION TO THE FOREGOING, THE  DIRECTOR  OF  THE  BUDGET,  THE
 DORMITORY  AUTHORITY  OF THE STATE OF NEW YORK AND THE URBAN DEVELOPMENT
 CORPORATION SHALL EACH BE AUTHORIZED TO ENTER INTO SUCH OTHER AGREEMENTS
 AND TO TAKE OR CAUSE TO BE TAKEN SUCH ADDITIONAL ACTIONS AS  ARE  NECES-
 SARY OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THE TRANSACTIONS CONTEM-
 PLATED BY A LINE OF CREDIT FACILITY AND THE RELATED SERVICE CONTRACT.
   (J) NO LATER THAN SEVEN DAYS AFTER A DRAW OCCURS ON THE LINE OF CREDIT
 FACILITY,  THE DIRECTOR OF THE BUDGET SHALL PROVIDE NOTIFICATION OF SUCH
 DRAW TO THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER  OF  THE
 ASSEMBLY.
   (K) THE AUTHORIZATION, ESTABLISHMENT AND USE BY THE DORMITORY AUTHORI-
 TY  OF  THE STATE OF NEW YORK AND THE URBAN DEVELOPMENT CORPORATION OF A
 LINE OF CREDIT FACILITY AUTHORIZED BY PARAGRAPH (B) OF THIS SUBDIVISION,
 AND THE EXECUTION, SALE AND ISSUANCE OF STATE PERSONAL INCOME TAX REVEN-
 UE BONDS AND/OR STATE SERVICE CONTRACT BONDS TO REFINANCE ANY SUCH  LINE

 S. 7506--B                         252                        A. 9506--B
 
 OF  CREDIT  FACILITY  SHALL  NOT  BE  DEEMED  AN ACTION, AS SUCH TERM IS
 DEFINED IN ARTICLE 8 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,  FOR  THE
 PURPOSES  OF  SUCH  ARTICLE. SUCH EXEMPTION SHALL BE STRICTLY LIMITED IN
 ITS  APPLICATION TO SUCH FINANCING ACTIVITIES OF THE DORMITORY AUTHORITY
 OF THE STATE OF NEW YORK AND THE URBAN DEVELOPMENT CORPORATION UNDERTAK-
 EN PURSUANT TO THIS SECTION AND DOES NOT EXEMPT ANY  OTHER  ENTITY  FROM
 COMPLIANCE WITH SUCH ARTICLE.
   (L)  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE
 ABILITIES OF THE DIRECTOR OF THE BUDGET AND THE  AUTHORIZED  ISSUERS  OF
 STATE-SUPPORTED DEBT TO PERFORM THEIR RESPECTIVE OBLIGATIONS ON EXISTING
 SERVICE  CONTRACTS  OR  OTHER  AGREEMENTS ENTERED INTO PRIOR TO APRIL 1,
 2020.
   2. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR  AS  THE  PROVISIONS  OF
 THIS  SECTION  ARE  INCONSISTENT  WITH  THE PROVISIONS OF ANY OTHER LAW,
 GENERAL, SPECIAL, OR LOCAL, THE PROVISIONS OF THIS ACT SHALL BE CONTROL-
 LING.
   3. SEVERABILITY; CONSTRUCTION. THE PROVISIONS OF THIS SECTION SHALL BE
 SEVERABLE, AND IF THE APPLICATION OF ANY  CLAUSE,  SENTENCE,  PARAGRAPH,
 SUBDIVISION,  SECTION  OR  PART OF THIS SECTION TO ANY PERSON OR CIRCUM-
 STANCE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT  JURISDICTION  TO  BE
 INVALID,  SUCH  JUDGMENT SHALL NOT NECESSARILY AFFECT, IMPAIR OR INVALI-
 DATE THE APPLICATION OF ANY SUCH CLAUSE, SENTENCE,  PARAGRAPH,  SUBDIVI-
 SION,  SECTION,  PART  OF THIS SECTION 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 JUDG-
 MENT SHALL HAVE BEEN RENDERED.
   § 49-c. 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 section 56 to read as follows:
   § 56. STATE-SUPPORTED DEBT; 2021.  1.  IN  LIGHT  OF  THE  SIGNIFICANT
 IMPACT  THAT  THE  GLOBAL  SPREAD OF THE COVID-19 CORONAVIRUS DISEASE IS
 HAVING AND IS EXPECTED TO CONTINUE TO HAVE ON THE HEALTH AND WELFARE  OF
 INDIVIDUALS  IN  THE  STATE AS WELL AS ON THE FINANCIAL CONDITION OF THE
 STATE, AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
 THE  DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND THE URBAN DEVELOP-
 MENT CORPORATION ARE  EACH  AUTHORIZED  TO  ISSUE  STATE-SUPPORTED  DEBT
 PURSUANT  TO ARTICLE 5-C OF THE STATE FINANCE LAW TO ASSIST THE STATE TO
 MANAGE ITS FINANCING NEEDS DURING ITS 2021 FISCAL YEAR,  WITHOUT  REGARD
 TO  ANY  RESTRICTIONS, LIMITATIONS AND REQUIREMENTS CONTAINED IN ARTICLE
 5-B OF THE STATE FINANCE LAW, OTHER THAN SUBDIVISION 4 OF  SECTION  67-B
 OF  SUCH  ARTICLE,  AND  SUCH STATE-SUPPORTED DEBT SHALL BE DEEMED TO BE
 ISSUED FOR AN AUTHORIZED PURPOSE WITHIN THE MEANING OF SUBDIVISION 2  OF
 SECTION 68-A OF THE STATE FINANCE LAW FOR ALL PURPOSES OF ARTICLE 5-C OF
 THE  STATE  FINANCE LAW.   FURTHERMORE, ANY BONDS ISSUED DIRECTLY BY THE
 STATE DURING THE STATE'S 2021 FISCAL YEAR SHALL BE ISSUED WITHOUT REGARD
 TO ANY RESTRICTIONS, LIMITATIONS AND REQUIREMENTS CONTAINED  IN  ARTICLE
 5-B  OF  THE STATE FINANCE LAW, OTHER THAN SUBDIVISION 4 OF SECTION 67-B
 OF SUCH ARTICLE. FOR SO LONG AS ANY STATE-SUPPORTED DEBT  ISSUED  DURING
 THE  STATE'S  2021  FISCAL  YEAR SHALL REMAIN OUTSTANDING, INCLUDING ANY
 STATE-SUPPORTED DEBT ISSUED TO REFUND STATE-SUPPORTED DEBT ISSUED DURING
 SUCH  FISCAL  YEAR,  THE  RESTRICTIONS,  LIMITATIONS  AND   REQUIREMENTS
 CONTAINED  IN  ARTICLE 5-B OF THE STATE FINANCE LAW, OTHER THAN SUBDIVI-
 SION 4 OF SECTION 67-B OF SUCH ARTICLE, SHALL NOT APPLY.
   2. EFFECT OF INCONSISTENT PROVISIONS.   INSOFAR AS THE  PROVISIONS  OF
 THIS  SECTION  ARE  INCONSISTENT  WITH  THE PROVISIONS OF ANY OTHER LAW,

 S. 7506--B                         253                        A. 9506--B
 
 GENERAL, SPECIAL, OR LOCAL, THE PROVISIONS OF THIS ACT SHALL BE CONTROL-
 LING.
   3.  SEVERABILITY; CONSTRUCTION.   THE PROVISIONS OF THIS SECTION SHALL
 BE SEVERABLE, AND IF THE APPLICATION OF ANY CLAUSE, SENTENCE, PARAGRAPH,
 SUBDIVISION, SECTION OR PART OF THIS SECTION TO ANY  PERSON  OR  CIRCUM-
 STANCE  SHALL  BE  ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
 INVALID, SUCH JUDGMENT SHALL NOT NECESSARILY AFFECT, IMPAIR  OR  INVALI-
 DATE  THE  APPLICATION OF ANY SUCH CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
 SION, SECTION, PART OF THIS SECTION 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 JUDG-
 MENT SHALL HAVE BEEN RENDERED.
   § 50. Intentionally omitted.
   § 51. Intentionally omitted.
   § 52. Intentionally omitted.
   § 52-a. The state finance law is amended by adding a new section 99-hh
 to read as follows:
   §  99-HH.  PUBLIC  HEALTH  EMERGENCY  CHARITABLE  GIFTS TRUST FUND. 1.
 THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER  OF
 TAXATION  AND  FINANCE  AND  THE  STATE COMPTROLLER A SPECIAL FUND TO BE
 KNOWN AS THE "PUBLIC HEALTH EMERGENCY CHARITABLE GIFTS TRUST FUND".
   2. THE PUBLIC HEALTH  EMERGENCY  CHARITABLE  GIFTS  TRUST  FUND  SHALL
 CONSIST  OF MONETARY GRANTS, GIFTS OR BEQUESTS RECEIVED BY THE STATE FOR
 THE PURPOSES OF THE FUND, AND ALL OTHER MONEYS CREDITED  OR  TRANSFERRED
 THERETO  FROM  ANY  OTHER  FUND  OR SOURCE. MONEYS OF SUCH FUND SHALL BE
 EXPENDED ONLY FOR GOODS AND SERVICES NECESSARY TO RESPOND  TO  A  PUBLIC
 HEALTH  DISASTER  EMERGENCY  OR TO ASSIST OR AID IN RESPONDING TO SUCH A
 DISASTER. NOTHING IN THIS SECTION SHALL PREVENT THE STATE FROM  SOLICIT-
 ING  AND  RECEIVING  GRANTS,  GIFTS OR BEQUESTS FOR THE PURPOSES OF SUCH
 FUND AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3. MONEYS IN SUCH FUND SHALL BE KEPT SEPARATE FROM AND  SHALL  NOT  BE
 COMMINGLED  WITH  ANY  OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR
 THE COMMISSIONER OF TAXATION AND FINANCE. ANY MONEYS  OF  THE  FUND  NOT
 REQUIRED FOR IMMEDIATE USE MAY, AT THE DISCRETION OF THE COMPTROLLER, IN
 CONSULTATION  WITH  THE DIRECTOR OF THE BUDGET, BE INVESTED BY THE COMP-
 TROLLER IN OBLIGATIONS OF THE UNITED STATES OR THE STATE,  OR  IN  OBLI-
 GATIONS THE PRINCIPAL AND INTEREST ON WHICH ARE GUARANTEED BY THE UNITED
 STATES  OR  BY  THE  STATE.  ANY INCOME EARNED BY THE INVESTMENT OF SUCH
 MONEYS SHALL BE ADDED TO AND BECOME A PART OF, AND SHALL BE USED FOR THE
 PURPOSES OF SUCH FUND.
   § 53. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020; provided,
 however,  that  the provisions of sections one, one-a, two, three, four,
 five, six, seven, eight, twelve, thirteen, fourteen,  fifteen,  sixteen,
 seventeen, eighteen, nineteen, twenty-one, twenty-four, and twenty-six-a
 of  this  act  shall  expire  March  31,  2021  when  upon such date the
 provisions of such sections shall be deemed repealed.
 
                                  PART KK

   Section 1. Subdivisions 14-a and 22 of  section  2807  of  the  public
 health law are REPEALED.
   §  2.  Paragraph  (c) of subdivision 8 of section 2807-c of the public
 health law, as amended by chapter 731 of the laws of 1993, is amended to
 read as follows:

 S. 7506--B                         254                        A. 9506--B
 
   (c) In order to reconcile capital related inpatient expenses  included
 in  rates of payment based on a budget to actual expenses and statistics
 for the rate period for a general  hospital,  rates  of  payment  for  a
 general  hospital  shall  be adjusted to reflect the dollar value of the
 difference  between  capital  related inpatient expenses included in the
 computation of rates of payment for a prior rate period based on a budg-
 et and actual capital related inpatient expenses  for  such  prior  rate
 period,  each  as  determined  in  accordance with paragraph (a) of this
 subdivision, adjusted to reflect increases or  decreases  in  volume  of
 service  in  such  prior  rate  period compared to statistics applied in
 determining the capital related inpatient expenses component of rates of
 payment based on a budget for such prior rate period. FOR  RATES  EFFEC-
 TIVE  ON  AND AFTER APRIL FIRST, TWO THOUSAND TWENTY, THE BUDGETED CAPI-
 TAL-RELATED EXPENSES ADD-ON AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDI-
 VISION, BASED ON A BUDGET SUBMITTED IN ACCORDANCE TO  PARAGRAPH  (A)  OF
 THIS  SUBDIVISION, SHALL BE REDUCED BY FIVE PERCENT RELATIVE TO THE RATE
 IN EFFECT ON SUCH DATE;  AND  THE  ACTUAL  CAPITAL  EXPENSES  ADD-ON  AS
 DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, BASED ON ACTUAL EXPENSES
 AND  STATISTICS  THROUGH APPROPRIATE AUDIT PROCEDURES IN ACCORDANCE WITH
 PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE REDUCED BY FIVE PERCENT RELA-
 TIVE TO THE RATE IN EFFECT ON SUCH DATE. FOR ANY RATE YEAR,  ALL  RECON-
 CILIATION  ADD-ON AMOUNTS CALCULATED ON AND AFTER APRIL FIRST, TWO THOU-
 SAND TWENTY SHALL BE REDUCED BY  TEN  PERCENT,  AND  ALL  RECONCILIATION
 RECOUPMENT  AMOUNTS  CALCULATED  ON  OR  AFTER APRIL FIRST, TWO THOUSAND
 TWENTY SHALL INCREASE BY TEN PERCENT. Notwithstanding  any  inconsistent
 provision  of  subparagraph  (i) of paragraph (e) of subdivision nine of
 this section, capital related inpatient expenses of a  general  hospital
 included  in the computation of rates of payment based on a budget shall
 not be included in the  computation  of  a  volume  adjustment  made  in
 accordance with such subparagraph. Adjustments to rates of payment for a
 general  hospital  made  pursuant  to  this  paragraph  shall be made in
 accordance with paragraph (c) of subdivision  eleven  of  this  section.
 Such  adjustments  shall  not  be carried forward except for such volume
 adjustment as may be authorized in accordance with subparagraph  (i)  of
 paragraph  (e)  of  subdivision  nine  of  this section for such general
 hospital.
   § 3. Subdivision 5-d of section 2807-k of the public  health  law,  as
 amended  by  section  6  of part H of chapter 57 of the laws of 2019, is
 amended to read as follows:
   5-d. (a) Notwithstanding any inconsistent provision of  this  section,
 section  twenty-eight  hundred  seven-w  of  this  article  or any other
 contrary provision of law, and subject to the  availability  of  federal
 financial  participation,  for  periods  on and after January first, two
 thousand [thirteen] TWENTY, through  March  thirty-first,  two  thousand
 [twenty]  TWENTY-THREE, all funds available for distribution pursuant to
 this section, except for funds distributed pursuant to subparagraph  (v)
 of  paragraph  (b)  of subdivision five-b of this section, and all funds
 available for distribution  pursuant  to  section  twenty-eight  hundred
 seven-w of this article, shall be reserved and set aside and distributed
 in accordance with the provisions of this subdivision.
   (b)  The commissioner shall promulgate regulations, and may promulgate
 emergency regulations, establishing methodologies for  the  distribution
 of  funds  as  described  in  paragraph (a) of this subdivision and such
 regulations shall include, but not be limited to, the following:
   (i) Such regulations shall  establish  methodologies  for  determining
 each  facility's  relative uncompensated care need amount based on unin-

 S. 7506--B                         255                        A. 9506--B
 
 sured inpatient and outpatient units of service from the cost  reporting
 year  two years prior to the distribution year, multiplied by the appli-
 cable medicaid rates in effect January first of the  distribution  year,
 as summed and adjusted by a statewide cost adjustment factor and reduced
 by  the  sum  of  all  payment  amounts  collected  from  such uninsured
 patients, and as further adjusted  by  application  of  a  nominal  need
 computation  that shall take into account each facility's medicaid inpa-
 tient share.
   (ii) Annual distributions pursuant to such  regulations  for  the  two
 thousand  [thirteen]  TWENTY  through  two  thousand [twenty] TWENTY-TWO
 calendar years shall be in accord with the following:
   (A) one hundred thirty-nine  million  four  hundred  thousand  dollars
 shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
 payments to major public general hospitals; and
   (B)  nine  hundred [ninety-four] SIXTY-NINE million nine hundred thou-
 sand dollars as Medicaid DSH payments  to  eligible  general  hospitals,
 other than major public general hospitals.
   FOR  THE CALENDAR YEARS TWO THOUSAND TWENTY THROUGH TWO THOUSAND TWEN-
 TY-TWO, THE TOTAL DISTRIBUTIONS TO  ELIGIBLE  GENERAL  HOSPITALS,  OTHER
 THAN  MAJOR  PUBLIC  GENERAL HOSPITALS, SHALL BE SUBJECT TO AN AGGREGATE
 REDUCTION OF ONE HUNDRED FIFTY MILLION DOLLARS ANNUALLY,  PROVIDED  THAT
 ELIGIBLE  GENERAL  HOSPITALS, OTHER THAN MAJOR PUBLIC GENERAL HOSPITALS,
 THAT QUALIFY AS ENHANCED SAFETY NET HOSPITALS UNDER SECTION TWO THOUSAND
 EIGHT HUNDRED SEVEN-C OF THIS ARTICLE  SHALL  NOT  BE  SUBJECT  TO  SUCH
 REDUCTION.
   SUCH  REDUCTION SHALL BE DETERMINED BY A METHODOLOGY TO BE ESTABLISHED
 BY THE COMMISSIONER. SUCH METHODOLOGY MAY TAKE INTO  ACCOUNT  THE  PAYOR
 MIX  OF  EACH  NON-PUBLIC  GENERAL HOSPITAL, INCLUDING THE PERCENTAGE OF
 INPATIENT DAYS PAID BY MEDICAID.
   (iii)[(A) Such regulations shall establish transition  adjustments  to
 the  distributions  made pursuant to clauses (A) and (B) of subparagraph
 (ii) of this paragraph such that no facility experiences a reduction  in
 indigent care pool payments pursuant to this subdivision that is greater
 than the percentages, as specified in clause (C) of this subparagraph as
 compared  to  the  average distribution that each such facility received
 for the three calendar years prior to two thousand thirteen pursuant  to
 this section and section twenty-eight hundred seven-w of this article.
   (B)  Such  regulations  shall  also establish adjustments limiting the
 increases in indigent  care  pool  payments  experienced  by  facilities
 pursuant to this subdivision by an amount that will be, as determined by
 the  commissioner  and  in conjunction with such other funding as may be
 available for this purpose, sufficient to ensure full  funding  for  the
 transition adjustment payments authorized by clause (A) of this subpara-
 graph.
   (C)  No  facility  shall  experience a reduction in indigent care pool
 payments pursuant to this subdivision that: for the calendar year begin-
 ning January first, two thousand thirteen, is greater than two and  one-
 half  percent;  for the calendar year beginning January first, two thou-
 sand fourteen, is greater than five percent; and, for the calendar  year
 beginning  on January first, two thousand fifteen; is greater than seven
 and one-half percent, and for the calendar  year  beginning  on  January
 first,  two  thousand  sixteen, is greater than ten percent; and for the
 calendar year beginning on January first,  two  thousand  seventeen,  is
 greater  than  twelve  and  one-half  percent; and for the calendar year
 beginning on January first,  two  thousand  eighteen,  is  greater  than
 fifteen  percent;  and for the calendar year beginning on January first,

 S. 7506--B                         256                        A. 9506--B

 two thousand nineteen, is greater than seventeen and  one-half  percent;
 and for the calendar year beginning on January first, two thousand twen-
 ty,  is  greater  than  twenty  percent] FOR CALENDAR YEARS TWO THOUSAND
 TWENTY  THROUGH  TWO THOUSAND TWENTY-TWO, SIXTY-FOUR MILLION SIX HUNDRED
 THOUSAND DOLLARS SHALL BE DISTRIBUTED  TO  ELIGIBLE  GENERAL  HOSPITALS,
 OTHER  THAN  MAJOR PUBLIC GENERAL HOSPITALS, THAT EXPERIENCE A REDUCTION
 IN INDIGENT CARE POOL PAYMENTS PURSUANT TO THIS  SUBDIVISION,  AND  THAT
 QUALIFY  AS  ENHANCED  SAFETY  NET  HOSPITALS UNDER SECTION TWO THOUSAND
 EIGHT HUNDRED SEVEN-C OF THIS ARTICLE AS OF APRIL  FIRST,  TWO  THOUSAND
 TWENTY.  SUCH  DISTRIBUTION SHALL BE ESTABLISHED PURSUANT TO REGULATIONS
 PROMULGATED BY  THE  COMMISSIONER  AND  SHALL  BE  PROPORTIONAL  TO  THE
 REDUCTION EXPERIENCED BY THE FACILITY.
   (iv) Such regulations shall reserve one percent of the funds available
 for  distribution  in the two thousand fourteen and two thousand fifteen
 calendar years, and for calendar  years  thereafter,  pursuant  to  this
 subdivision,  subdivision  fourteen-f  of  section  twenty-eight hundred
 seven-c of this article, and sections two hundred eleven and two hundred
 twelve of chapter four hundred seventy-four  of  the  laws  of  nineteen
 hundred  ninety-six,  in  a  "financial  assistance compliance pool" and
 shall establish methodologies for the distribution of such pool funds to
 facilities based on their level of  compliance,  as  determined  by  the
 commissioner, with the provisions of subdivision nine-a of this section.
   (c)  The  commissioner  shall  annually report to the governor and the
 legislature on the distribution of funds under this subdivision  includ-
 ing, but not limited to:
   (i) the impact on safety net providers, including community providers,
 rural general hospitals and major public general hospitals;
   (ii)  the  provision  of  indigent care by units of services and funds
 distributed by general hospitals; and
   (iii) the extent to which access to care has been enhanced.
   § 4. Paragraph (b) of subdivision 35 of section 2807-c of  the  public
 health  law  is  amended  by adding a new subparagraph (iv-a) to read as
 follows:
   (IV-A) EFFECTIVE APRIL FIRST, TWO  THOUSAND  TWENTY,  SUCH  RATES  FOR
 PUBLIC  GENERAL  HOSPITALS  OR  PUBLIC  HEALTH SYSTEMS, OTHER THAN THOSE
 OPERATED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF  NEW  YORK,
 LOCATED  IN  A  CITY  HAVING  A  POPULATION OF ONE MILLION OR MORE SHALL
 INCLUDE A RATE ADD-ON THAT REFLECTS  REIMBURSEMENT  FOR  COSTS,  TO  THE
 EXTENT PERMITTED UNDER 42 CFR 447.272(B)(1) AND BASED ON ACTUAL UTILIZA-
 TION  OF  SERVICES.    SUCH RATE ADD-ON SHALL BE CONTINGENT UPON FEDERAL
 FINANCIAL PARTICIPATION AND APPROVAL, AND SUBJECT  TO  THE  TERMS  OF  A
 BINDING  MEMORANDUM  OF UNDERSTANDING EXECUTED BETWEEN THE DEPARTMENT OF
 HEALTH AND THE PUBLIC GENERAL HOSPITAL OR PUBLIC HEALTH SYSTEM RECEIVING
 THE RATE ADD-ON. IF PAYMENT OF SUCH RATE ADD-ON IS  PROJECTED  TO  CAUSE
 MEDICAID  DISBURSEMENTS  FOR SUCH PERIOD TO EXCEED THE PROJECTED DEPART-
 MENT OF HEALTH MEDICAID STATE FUNDS IN THE ENACTED BUDGET FINANCIAL PLAN
 PURSUANT TO SUBDIVISION THREE  OF  SECTION  TWENTY-THREE  OF  THE  STATE
 FINANCE  LAW, AS DETERMINED BY THE DIRECTOR OF THE BUDGET, OR MEMORANDUM
 OF UNDERSTANDING IS NOT EXECUTED OR IS BREACHED,  THE  COMMISSIONER,  IN
 CONSULTATION  WITH  THE  DIRECTOR OF BUDGET, MAY EITHER CANCEL OR REDUCE
 PAYMENT OF SUCH RATE ADD-ON TO ACHIEVE COMPLIANCE WITH THE ENACTED BUDG-
 ET FINANCIAL PLAN.
   § 5. Paragraph (e) of subdivision 2-a of section 2807  of  the  public
 health  law  is  amended  by  adding  a new subparagraph (iv) to read as
 follows:

 S. 7506--B                         257                        A. 9506--B
 
   (IV) EFFECTIVE APRIL FIRST, TWO THOUSAND  TWENTY,  REGULATIONS  ISSUED
 PURSUANT TO THIS PARAGRAPH FOR PUBLIC GENERAL HOSPITALS OR PUBLIC HEALTH
 SYSTEMS, OTHER THAN THOSE OPERATED BY THE STATE OF NEW YORK OR THE STATE
 UNIVERSITY  OF  NEW  YORK,  LOCATED IN A CITY HAVING A POPULATION OF ONE
 MILLION OR MORE SHALL REFLECT ADDITIONAL REIMBURSEMENT FOR COSTS, TO THE
 EXTENT PERMITTED UNDER 42 CFR 447.321(B)(1) AND BASED ON ACTUAL UTILIZA-
 TION  OF  SERVICES.  SUCH  RATE  ADD-ON SHALL BE CONTINGENT UPON FEDERAL
 FINANCIAL PARTICIPATION AND APPROVAL, AND SUBJECT  TO  THE  TERMS  OF  A
 BINDING  MEMORANDUM  OF UNDERSTANDING EXECUTED BETWEEN THE DEPARTMENT OF
 HEALTH AND THE PUBLIC GENERAL HOSPITAL OR PUBLIC HEALTH SYSTEM RECEIVING
 THE RATE ADD-ON. IF PAYMENT OF SUCH RATE ADD-ON IS  PROJECTED  TO  CAUSE
 MEDICAID  DISBURSEMENTS  FOR SUCH PERIOD TO EXCEED THE PROJECTED DEPART-
 MENT OF HEALTH MEDICAID STATE FUNDS IN THE ENACTED BUDGET FINANCIAL PLAN
 PURSUANT TO SUBDIVISION THREE  OF  SECTION  TWENTY-THREE  OF  THE  STATE
 FINANCE  LAW,  AS DETERMINED BY THE DIRECTOR OF THE BUDGET, OR THE MEMO-
 RANDUM OF UNDERSTANDING IS NOT EXECUTED OR IS BREACHED, THE  COMMISSION-
 ER,  IN  CONSULTATION WITH THE DIRECTOR OF THE BUDGET, MAY EITHER CANCEL
 OR REDUCE PAYMENT OF SUCH RATE ADD-ON TO  ACHIEVE  COMPLIANCE  WITH  THE
 ENACTED BUDGET FINANCIAL PLAN.
   §  6.  Notwithstanding any inconsistent provision of law or regulation
 to the contrary, and subject to the availability  of  federal  financial
 participation  pursuant to title XIX of the federal social security act,
 effective for the period April 1, 2020 through March 31, 2021, and state
 fiscal years thereafter, the department of health is authorized to pay a
 rate adjustment either directly as fee for  service  medical  assistance
 payments  to,  or to managed care organizations authorized under article
 44 of the public health law or article 43 of the insurance law that have
 in their network, public general hospitals, as defined in subdivision 10
 of section 2801 of the public health law, other than those  operated  by
 the  state of New York or the state university of New York, located in a
 city with a population of over 1 million, as medical assistance payments
 for inpatient services pursuant to title 11 of article 5 of  the  social
 services  law  for patients eligible for federal financial participation
 under title XIX of the federal social security act, contingent upon  the
 execution  of  a  memorandum  of understanding between the department of
 health and the New York city health and hospitals corporation. The memo-
 randum of understanding shall govern the terms, conditions, criteria and
 methodologies for such rate adjustments and shall,  at  a  minimum,  set
 forth:  (a)  the  estimated  amounts  to  be  paid pursuant to such rate
 adjustment; (b) the timing and methodology by which the city of New York
 will fund any local share contribution, consistent with section 1905(cc)
 of the federal social security act, or any successor  provision,  toward
 the  aggregate amount to be paid as part of the rate adjustment; and (c)
 the methodology by which the anticipated total amount to be paid through
 such rate adjustment will be funded  in  advance  through  an  estimated
 local  share contribution and then reconciled with actual utilization of
 services and application of the annual upper payment limit demonstration
 to the extent required by the secretary of the United States  Department
 of Health and Human Services pursuant to 42 CFR 431.16, or any successor
 provision.  If  the  annual  upper payment limit demonstration yields an
 amount that is less than the aggregate amount paid in the  rate  adjust-
 ment  provided  by the public health law, then the rate adjustment shall
 be reduced to reflect the demonstration  amount  and  other  actions  as
 authorized  by  the  memorandum  of  understanding.  If the annual upper
 payment limit demonstration yields an  amount  that  is  more  than  the
 aggregate  amount  paid  in  the  rate adjustment provided by the public

 S. 7506--B                         258                        A. 9506--B
 
 health law, the rate adjustment shall be adjusted to reflect the  demon-
 stration amount.
   §  7. Notwithstanding any inconsistent provision of law, rule or regu-
 lation to the contrary, and  subject  to  the  availability  of  federal
 financial  participation  pursuant  to  title  XIX of the federal social
 security act, effective for the period April 1, 2020 through  March  31,
 2021,  and  state  fiscal  years thereafter, the department of health is
 authorized to increase the operating cost component of rates of  payment
 for  general hospital outpatient services and general hospital emergency
 room services issued pursuant to  paragraph  (g)  of  subdivision  2  of
 section  2807  of the public health law for public general hospitals, as
 defined in subdivision 10 of section 2801  of  the  public  health  law,
 other  than those operated by the state of New York or the state univer-
 sity of New York, and located in a  city  with  a  population  over  one
 million, as a rate adjustment either directly as fee for service medical
 assistance  payments  or  to managed care organizations authorized under
 article 44 of the public health law or article 43 of the  insurance  law
 that  have  in  their  network  such  hospitals,  as  medical assistance
 payments for outpatient services pursuant to title 11 of  article  5  of
 the  social  services  law  for  patients eligible for federal financial
 participation under title  XIX  of  the  federal  social  security  act,
 contingent  upon  the execution of a memorandum of understanding between
 the department of health and the New  York  city  health  and  hospitals
 corporation.  The  memorandum  of  understanding shall govern the terms,
 conditions, criteria and methodologies for  such  rate  adjustments  and
 shall,  at  a  minimum,  set forth: (a) the estimated amounts to be paid
 pursuant to this rate adjustment; (b)  the  timing  and  methodology  by
 which  the  city  of  New  York  will fund any local share contribution,
 consistent with section 1905(cc) of the federal social security act,  or
 any  successor provision, toward the aggregate amount to be paid as part
 of the rate adjustment; and (c) the methodology by which the anticipated
 total amount to be paid through such rate adjustment will be  funded  in
 advance  through  an  estimated local share contribution and then recon-
 ciled with actual utilization of services and application of the  annual
 upper  payment  limit demonstration to the extent required by the secre-
 tary of the United States Department of Health and Human Services pursu-
 ant to 42 CFR 431.16, or any successor provision. If  the  annual  upper
 payment  limit  demonstration  yields  an  amount  that is less than the
 aggregate amount paid in the rate  adjustment  provided  by  the  public
 health  law,  then  the  rate adjustment shall be reduced to reflect the
 demonstration amount and other actions as authorized by  the  memorandum
 of understanding. If the annual upper payment limit demonstration yields
 an  amount  that  is  more  than  the  aggregate amount paid in the rate
 adjustment provided by the public health law, the rate adjustment  shall
 be adjusted to reflect the demonstration amount.
   §  8.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020, provided,
 further that sections three through nine of this act shall expire and be
 deemed repealed March 31, 2023;  provided  further,  however,  that  the
 director  of  the  budget  may, in consultation with the commissioner of
 health, delay the effective dates prescribed herein for a period of time
 which shall not exceed ninety days following the  conclusion  or  termi-
 nation of an executive order issued pursuant to section 28 of the execu-
 tive  law  declaring  a state disaster emergency for the entire state of
 New York, upon such delay the director of budget shall notify the chairs
 of the assembly ways and means committee and  senate  finance  committee

 S. 7506--B                         259                        A. 9506--B
 
 and  the  chairs  of  the assembly and senate health committee; provided
 further, however, that the director  of  the  budget  shall  notify  the
 legislative  bill  drafting commission upon the occurrence of a delay in
 the effective date of this act in order that the commission may maintain
 an  accurate  and timely effective data base of the official text of the
 laws of the state  of  New  York  in  furtherance  of  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.
 
                                  PART LL
 
   Section 1. Intentionally omitted.
   § 2. Subdivision 4 of section 365-h of the  social  services  law,  as
 separately  amended  by section 50 of part B and section 24 of part D of
 chapter 57 of the laws of 2015, is amended to read as follows:
   4. (A) The commissioner of health is authorized to assume responsibil-
 ity from  a  local  social  services  official  for  the  provision  and
 reimbursement of transportation costs under this section. If the commis-
 sioner  elects  to  assume  such  responsibility, the commissioner shall
 notify the local social services official in writing as to the election,
 the date upon which the election shall be effective and such information
 as to transition of responsibilities as the commissioner deems  prudent.
 The commissioner is authorized to contract with a transportation manager
 or  managers  to  manage  transportation  services  in  any local social
 services  district,  other  than  transportation  services  provided  or
 arranged  for  enrollees  of managed long term care plans issued certif-
 icates of authority under section  forty-four  hundred  three-f  of  the
 public  health law.   Any transportation manager or managers selected by
 the commissioner to manage transportation  services  shall  have  proven
 experience  in  coordinating transportation services in a geographic and
 demographic area similar to the area in New York state within which  the
 contractor  would  manage  the provision of services under this section.
 Such a contract or contracts may  include  responsibility  for:  review,
 approval  and  processing  of  transportation  orders; management of the
 appropriate level of transportation based on documented patient  medical
 need; and development of new technologies leading to efficient transpor-
 tation  services. If the commissioner elects to assume such responsibil-
 ity from a local social services district, the commissioner shall  exam-
 ine  and,  if  appropriate,  adopt  quality  assurance measures that may
 include, but are not limited  to,  global  positioning  tracking  system
 reporting  requirements and service verification mechanisms. Any and all
 reimbursement rates developed  by  transportation  managers  under  this
 subdivision  shall  be subject to the review and approval of the commis-
 sioner.
   (B)(I) SUBJECT TO FEDERAL FINANCIAL PARTICIPATION, FOR PERIODS ON  AND
 AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE, IN ORDER TO MORE COST-EFFEC-
 TIVELY  PROVIDE  NON-EMERGENCY  TRANSPORTATION TO MEDICAID BENEFICIARIES
 WHO NEED ACCESS TO  MEDICAL  CARE  AND  SERVICES,  THE  COMMISSIONER  IS
 AUTHORIZED  TO  CONTRACT  WITH  ONE  OR  MORE  TRANSPORTATION MANAGEMENT
 BROKERS TO MANAGE SUCH TRANSPORTATION ON A STATEWIDE OR REGIONAL  BASIS,
 AS DETERMINED BY THE COMMISSIONER, IN ACCORDANCE WITH THE FEDERAL SOCIAL
 SECURITY ACT AS FOLLOWS:
   (A)  THE TRANSPORTATION MANAGEMENT BROKER OR BROKERS SHALL BE SELECTED
 THROUGH A COMPETITIVE BIDDING PROCESS BASED  ON  AN  EVALUATION  OF  THE
 BROKER'S  EXPERIENCE, PERFORMANCE, REFERENCES, RESOURCES, QUALIFICATIONS
 AND COSTS; PROVIDED, HOWEVER, THAT THE  DEPARTMENT'S  SELECTION  PROCESS

 S. 7506--B                         260                        A. 9506--B
 
 SHALL  BE MEMORIALIZED IN A PROCUREMENT RECORD AS DEFINED IN SECTION ONE
 HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW;
   (B)  THE  TRANSPORTATION MANAGEMENT BROKER OR BROKERS SHALL HAVE OVER-
 SIGHT PROCEDURES TO MONITOR MEDICAID BENEFICIARY ACCESS  AND  COMPLAINTS
 AND ENSURE THAT ENROLLED MEDICAID TRANSPORTATION PROVIDERS ARE LICENSED,
 QUALIFIED, COMPETENT AND COURTEOUS.
   (C)  THE  TRANSPORTATION MANAGEMENT BROKER OR BROKERS SHALL BE SUBJECT
 TO REGULAR AUDITING AND OVERSIGHT BY THE DEPARTMENT IN ORDER  TO  ENSURE
 THE  QUALITY  OF  THE  TRANSPORTATION  SERVICES PROVIDED AND ADEQUACY OF
 MEDICAID BENEFICIARY ACCESS TO MEDICAL CARE AND SERVICES.
   (D) THE TRANSPORTATION MANAGEMENT BROKER OR BROKERS SHALL COMPLY  WITH
 REQUIREMENTS  RELATED  TO  PROHIBITIONS  ON  REFERRALS  AND CONFLICTS OF
 INTEREST REQUIRED BY THE FEDERAL SOCIAL SECURITY ACT.
   (II) THE TRANSPORTATION MANAGEMENT BROKER OR BROKERS MAY BE PAID A PER
 MEMBER PER MONTH CAPITATED FEE OR A COMBINATION OF CAPITATION AND  FIXED
 COST  REIMBURSEMENT  AND  THE CONTRACT SHALL INCLUDE, BUT NOT BE LIMITED
 TO, RESPONSIBILITY FOR:
   (A) ESTABLISHING A NETWORK OF HIGH-QUALITY MEDICAID  ENROLLED  PROVID-
 ERS;  PROVIDED, HOWEVER, THAT IN DEVELOPING SUCH NETWORK THE TRANSPORTA-
 TION MANAGEMENT BROKER SHALL  EVALUATE  THE  QUALIFICATIONS  OF  CURRENT
 MEDICAID  TRANSPORTATION PROVIDERS ON A PRIORITY BASIS FOR PARTICIPATION
 IN ITS NETWORK, AND LEVERAGE REPUTABLE TRANSPORTATION PROVIDERS  WITH  A
 PROVEN  RECORD  OF  SERVING  MEDICAID  BENEFICIARIES  WITH  HIGH-QUALITY
 SERVICES;
   (B) CONTINUING OUTREACH TO MEDICAID ENROLLED PROVIDERS TO  ASSESS  AND
 RESOLVE SERVICE QUALITY ISSUES;
   (C)  DEVELOPING MANDATORY CORRECTIVE ACTIONS FOR ANY MEDICAID ENROLLED
 PROVIDER THAT FALLS UNDER QUALITY PERFORMANCE STANDARDS;
   (D) ESTABLISHING A PRIOR APPROVAL PROCESS WHICH SHALL INCLUDE  VERIFY-
 ING  MEDICAID ELIGIBILITY AND REVIEWING, APPROVING AND PROCESSING TRANS-
 PORTATION ORDERS;
   (E) MANAGING THE APPROPRIATE LEVEL OF TRANSPORTATION  BASED  ON  DOCU-
 MENTED  PATIENT  MEDICAL  NEED TO ENSURE THAT MEDICAID BENEFICIARIES ARE
 USING THE MOST MEDICALLY APPROPRIATE MODE OF  TRANSPORTATION,  INCLUDING
 PUBLIC  TRANSPORTATION, WHICH SHALL BE MAXIMIZED STATEWIDE, INCLUDING IN
 RURAL AREAS; PROVIDED THAT WHEN DETERMINING  THE  APPROPRIATE  LEVEL  OF
 TRANSPORTATION,  THE  TRANSPORTATION MANAGEMENT BROKER SHALL ENSURE THAT
 PATIENTS HAVE REASONABLE AND  TIMELY  ACCESS  TO  MEDICALLY  APPROPRIATE
 TRANSPORTATION SERVICES;
   (F)  IMPLEMENTING  TECHNOLOGIES TO EFFECTUATE EFFICIENT TRANSPORTATION
 SERVICES, SUCH AS GPS, TO IMPROVE MATCH TO MODE OF TRANSPORTATION;
   (G) ESTABLISHING FEES TO REIMBURSE  ENROLLED  MEDICAID  TRANSPORTATION
 PROVIDERS;
   (H)  ADJUDICATING  AND  PAYING  CLAIMS  SUBMITTED BY ENROLLED MEDICAID
 TRANSPORTATION PROVIDERS;
   (I) REPORTING ON PERFORMANCE ENCOMPASSING ALL ASPECTS OF THE TRANSPOR-
 TATION PROGRAM,  INCLUDING  BUT  NOT  LIMITED  TO  MEDICAID  BENEFICIARY
 COMPLAINTS  INCLUDING THE LENGTH OF TIME TO MAKE A COMPLIANT, WAIT TIMES
 RELATED TO THE RECEIPT OF SERVICES BY A RECIPIENT, AND TRACKING  MEDICAL
 JUSTIFICATIONS TO MODES OF TRANSPORTATION PROVIDED;
    (J)  COLLABORATING WITH MEDICAID BENEFICIARIES AND CONSUMER GROUPS TO
 IDENTIFY AND RESOLVE ISSUES TO INCREASE CONSUMER SATISFACTION;
   (K) AUDITING CANCELLATION DATA ON A QUARTERLY BASIS TO ENSURE  ACCURA-
 CY;

 S. 7506--B                         261                        A. 9506--B
 
   (L)  COORDINATING  MEDICAL  BENEFITS  AND TRANSPORTATION WITH MEDICAID
 MANAGED  CARE  ORGANIZATIONS,  INCLUDING  DEVELOPMENT  OF  VALUE   BASED
 PAYMENTS FOR TRANSPORTATION SERVICES; AND
   (M)  SUCH  CONTRACTS  SHALL  INCLUDE  PENALTIES FOR INCORRECT DENIALS,
 UNRESOLVED COMPLAINT RATES, UNFULFILLED TRIPS, AND  ANY  OTHER  CRITERIA
 DETERMINED  BY THE COMMISSIONER AND SPECIFIED IN THE COMPETITIVE BIDDING
 PROCESS.
   (III) A TRANSPORTATION MANAGEMENT BROKER WITH WHICH  THE  COMMISSIONER
 CONTRACTS  SHALL  FILE WITH THE COMMISSIONER A BOND ISSUED BY AN INSURER
 AUTHORIZED TO WRITE FIDELITY AND SURETY INSURANCE IN THIS STATE,  IN  AN
 AMOUNT  AND  FORM  TO BE DETERMINED BY THE COMMISSIONER.  THE PURPOSE OF
 THE SURETY BOND SHALL BE TO PROVIDE  THE  SOLE  SOURCE  OF  RECOURSE  TO
 PROVIDERS  OF MEDICAID TRANSPORTATION SERVICES, OTHER THAN THE TRANSPOR-
 TATION MANAGEMENT BROKER, THAT CANNOT RECEIVE PAYMENT FOR SERVICES PROP-
 ERLY PROVIDED IF THE TRANSPORTATION MANAGEMENT BROKER BECOMES INSOLVENT.
 TO THE EXTENT PERMITTED BY LAW, THE SURETY BOND SHALL PROVIDE  THAT  ANY
 FUNDS THAT REMAIN AFTER SUCH PROVIDER LIABILITIES ARE SATISFIED SHALL BE
 PAID TO THAT STATE.
   (IV)  A  TRANSPORTATION  MANAGEMENT BROKER WITH WHICH THE COMMISSIONER
 CONTRACTS SHALL  PROVIDE  TO  MEDICAID  ENROLLED  PROVIDERS  ANNUALLY  A
 CONSPICUOUS  WRITTEN DISCLOSURE THAT STATES THE FOLLOWING: "THE NEW YORK
 STATE DEPARTMENT OF  HEALTH  HAS  CONTRACTED  WITH  THIS  TRANSPORTATION
 MANAGEMENT  BROKER  TO ARRANGE NON-EMERGENCY TRANSPORTATION FOR MEDICAID
 BENEFICIARIES WHO NEED ACCESS TO MEDICAL CARE AND SERVICES AND IS PAYING
 THE TRANSPORTATION MANAGEMENT BROKER A PER MEMBER  PER  MONTH  CAPITATED
 FEE  OR  A  COMBINATION OF CAPITATION AND FIXED COST REIMBURSEMENT. THIS
 TRANSPORTATION MANAGEMENT BROKER IS NOT LICENSED BY THE NEW  YORK  STATE
 DEPARTMENT OF FINANCIAL SERVICES AS AN INSURER AND IS NOT SUBJECT TO ITS
 SUPERVISION AS AN INSURER.  THIS TRANSPORTATION MANAGEMENT BROKER IS NOT
 PROTECTED  BY NEW YORK SECURITY FUNDS AND THERE WILL NOT BE ANY RIGHT TO
 RECOVER AGAINST  THE  DEPARTMENT  OF  HEALTH,  DEPARTMENT  OF  FINANCIAL
 SERVICES,  OR  THIS  STATE IN THE EVENT OF THE TRANSPORTATION MANAGEMENT
 BROKER'S INSOLVENCY.
   (V) TO THE EXTENT PRACTICABLE, THE COMPETITIVE BIDDING AND CONTRACTING
 PROCESS  MAYBE  COMPLETED  BY  APRIL  FIRST,  TWO  THOUSAND  TWENTY-ONE;
 PROVIDED,  HOWEVER,  SUCH  CONTRACT  MAY BE EFFECTIVE AT SOME DATE AFTER
 APRIL FIRST, TWO THOUSAND TWENTY-ONE, IF THE  PROCESS  TAKES  LONGER  TO
 COMPLETE.
   (VI)  RESPONSIBILITY  FOR TRANSPORTATION SERVICES PROVIDED OR ARRANGED
 FOR ENROLLEES OF MANAGED LONG TERM CARE  PLANS  ISSUED  CERTIFICATES  OF
 AUTHORITY  UNDER SECTION FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH
 LAW, NOT INCLUDING A PROGRAM DESIGNATED AS A  PROGRAM  OF  ALL-INCLUSIVE
 CARE FOR THE ELDERLY (PACE) AS AUTHORIZED BY FEDERAL PUBLIC LAW 1053-33,
 SUBTITLE  I  OF TITLE IV OF THE BALANCED BUDGET ACT OF 1997, AND, AT THE
 COMMISSIONER'S DISCRETION, OTHER PLANS THAT INTEGRATE BENEFITS FOR DUAL-
 LY ELIGIBLE MEDICARE AND MEDICAID BENEFICIARIES BASED ON A DEMONSTRATION
 BY THE PLAN THAT INCLUSION OF TRANSPORTATION WITHIN THE BENEFIT  PACKAGE
 WILL  RESULT  IN  COST  EFFICIENCIES  AND  QUALITY IMPROVEMENT, SHALL BE
 TRANSFERRED TO A TRANSPORTATION MANAGEMENT BROKER THAT  HAS  A  CONTRACT
 WITH  THE  COMMISSIONER  IN ACCORDANCE WITH THIS PARAGRAPH. PROVIDERS OF
 ADULT DAY HEALTH CARE MAY ELECT TO, BUT SHALL NOT BE  REQUIRED  TO,  USE
 THE SERVICES OF THE TRANSPORTATION MANAGEMENT BROKER.
   §  2-a.   For periods on and after April 1, 2020, Medicaid transporta-
 tion rates for the taxi/livery/van (non-ambulette) category  of  service
 in  effect  on April 1, 2020 shall be reduced by 7.5%, relative to rates
 in effect on March 31, 2020, and for periods on and  after  December  1,

 S. 7506--B                         262                        A. 9506--B
 
 2020,  such  rates  in  effect  on  November  30, 2020, shall be further
 reduced by 7.5%,  relative  to  rates  in  effect  on  March  31,  2020;
 provided,  however,  such rate reductions may be adjusted if the commis-
 sioner  of  health  determines  there are Medicaid transportation access
 issues in a region, including rural areas.
   § 2-b.  Providers of adult day health care may elect to, but shall not
 be required to, use the services of the transportation manager or manag-
 ers described in section 365-h of the social services law.
   § 3. The commissioner of health shall seek, pursuant to a  state  plan
 amendment,  authorization  to establish and administer a program for the
 federal financial participation in reimbursement  for  ground  emergency
 medical  transportation  services  provided to Medicaid beneficiaries by
 eligible transportation providers on a voluntary basis. The commissioner
 of health may promulgate regulations, including  emergency  regulations,
 in order to implement the provisions of this section.
   1. Such program shall establish a payment methodology for supplemental
 reimbursement  that  shall  require the eligible transportation provider
 file cost reports and data as required by the  commissioner  of  health,
 and certify that:
   (a) in accordance with 42 C.F.R. section 433.51 or any successor regu-
 lation, the claimed expenditures for the ground emergency medical trans-
 portation services are eligible for federal financial participation; and
   (b) the amount certified pursuant to paragraph (a) of this subdivision
 when combined with amounts received from all other sources of reimburse-
 ment  from  the  Medicaid program does not exceed one hundred percent of
 actual costs, as determined in accordance with the Medicaid state  plan,
 for ground emergency transportation services.
   2. Eligible transportation providers receiving supplemental reimburse-
 ment  pursuant to this subdivision shall not receive non-comparable cost
 reimbursement for the Medicaid costs associated with ambulance  services
 as  provided  in  subparagraph (i) of paragraph (b) of subdivision 35 of
 section 2807-c of the public health law and as may  be  further  defined
 regulations  issued  by  the commissioner of health and shall not report
 such costs as Medicaid reimbursable  costs  in  the  institutional  cost
 report.
   3.  For  the  purposes  of  this  section, an "eligible transportation
 provider" shall mean:
   (a) a provider who provides ground  emergency  medical  transportation
 services to Medicaid beneficiaries; and
   (b)  is  enrolled as a Medicaid provider for the period being claimed;
 and
   (c) is owned or operated by the  state,  a  political  subdivision  or
 local  government,  that  employs  or contracts with persons or entities
 licensed to provide emergency medical services in New  York  state,  and
 includes private entities to the extent permissible under federal law.
   §  4.  Section 365-h of the social services law is amended by adding a
 new subdivision 6 to read as follows:
   6. (A) THE COMMISSIONER OF HEALTH SHALL REQUIRE TRANSPORTATION PROVID-
 ERS ENROLLED IN THE MEDICAID PROGRAM AND SPECIFIED BY  THE  COMMISSIONER
 PURSUANT TO REGULATION, TO REPORT THE COSTS INCURRED IN PROVIDING TRANS-
 PORTATION  SERVICES  TO MEDICAID BENEFICIARIES PURSUANT TO THIS SECTION;
 PROVIDED, HOWEVER, THIS REQUIREMENT SHALL ONLY  APPLY  IF  THERE  IS  NO
 TRANSPORTATION MANAGEMENT BROKER CONTRACT AUTHORIZED IN SUBDIVISION FOUR
 OF  THIS  SECTION.    THE  COMMISSIONER  SHALL SPECIFY THE FREQUENCY AND
 FORMAT OF SUCH REPORTS AND DETERMINE THE TYPE AND AMOUNT OF  INFORMATION
 REQUIRED  TO  BE SUBMITTED, INCLUDING SUPPORTING DOCUMENTATION, PROVIDED

 S. 7506--B                         263                        A. 9506--B
 
 THAT SUCH REPORTS SHALL BE NO MORE FREQUENT THAN QUARTERLY. THE  COMMIS-
 SIONER  SHALL  GIVE  ALL  TRANSPORTATION  PROVIDERS  NO LESS THAN NINETY
 CALENDAR DAYS' NOTICE BEFORE SUCH REPORTS ARE DUE.
   (B) IF THE COMMISSIONER DETERMINES THAT THE COST REPORT SUBMITTED BY A
 MEDICAID  TRANSPORTATION  PROVIDER  IS  INACCURATE  OR  INCOMPLETE,  THE
 COMMISSIONER SHALL NOTIFY  SUCH  PROVIDER  IN  WRITING  AND  ADVISE  THE
 PROVIDER  OF  THE CORRECTION OR ADDITIONAL INFORMATION THAT THE PROVIDER
 MUST SUBMIT.   THE PROVIDER SHALL SUBMIT  THE  CORRECTED  OR  ADDITIONAL
 INFORMATION  WITHIN  THIRTY  CALENDAR  DAYS  FROM  THE DATE THE PROVIDER
 RECEIVES THE NOTICE.
   (C) THE COMMISSIONER SHALL  GRANT  A  PROVIDER  AN  ADDITIONAL  THIRTY
 CALENDAR  DAYS TO SUBMIT THE ORIGINAL COST REPORT, OR CORRECTED OR ADDI-
 TIONAL INFORMATION REQUIRED PURSUANT TO PARAGRAPH (B) OF  THIS  SUBDIVI-
 SION ONLY WHEN THE PROVIDER SUBMITS A WRITTEN REQUEST TO THE COMMISSION-
 ER  FOR  AN  EXTENSION  PRIOR  TO  THE  DUE  DATE AND ESTABLISHES TO THE
 SATISFACTION OF THE COMMISSIONER THAT THE  PROVIDER  CANNOT  SUBMIT  THE
 COST  REPORT  OR CORRECTED OR ADDITIONAL INFORMATION BY THE DUE DATE FOR
 REASONS BEYOND THE PROVIDER'S CONTROL.
   § 5. Intentionally omitted.
   § 6. Intentionally omitted.
   § 7. Intentionally omitted.
   § 8. Intentionally omitted.
   § 9.  This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020; provided,
 however,  that  section two of this act shall take effect April 1, 2021;
 provided, further that the amendments to subdivisions 4 and 6 of section
 365-h of the social services law made by sections two and four  of  this
 act  shall  be  subject  to the expiration and reversion of such section
 pursuant to subdivision (a) of section 40 of part B of  chapter  109  of
 the laws of 2010, as amended; provided further, however, that the direc-
 tor  of the budget may, in consultation with the commissioner of health,
 delay the effective dates prescribed herein for a period of  time  which
 shall  not exceed ninety days following the conclusion or termination of
 an executive order issued pursuant to section 28 of  the  executive  law
 declaring  a  state disaster emergency for the entire state of New York,
 upon such delay the director of the budget shall notify  the  chairs  of
 the  assembly  ways and means committee and the senate finance committee
 and the chairs of the assembly and  senate  health  committee;  provided
 further,  however,  that  the  director  of  the budget shall notify the
 legislative bill drafting commission upon the occurrence of a  delay  in
 the effective date of this act in order that the commission may maintain
 an  accurate  and timely effective data base of the official text of the
 laws of the state  of  New  York  in  furtherance  of  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.
 
                                  PART MM
 
   Section 1. Intentionally omitted.
   § 2. Subparagraphs (i) and (ii) of paragraph (e) of subdivision  2  of
 section  365-a of the social services law, as amended by section 36-a of
 part B of chapter 57 of the  laws  of  2015,  are  amended  to  read  as
 follows:
   (i)  personal  care  services,  including  personal emergency response
 services, shared aide and an individual aide, subject to the  provisions
 of  subparagraphs  (ii),  (iii),  [and] (iv), (V) AND (VI) of this para-

 S. 7506--B                         264                        A. 9506--B

 graph, furnished to an individual who is not an inpatient or resident of
 a hospital,  nursing  facility,  intermediate  care  facility  for  [the
 mentally retarded] INDIVIDUALS WITH INTELLECTUAL DISABILITIES, or insti-
 tution  for  mental disease, as determined to meet the recipient's needs
 for assistance when cost effective and appropriate, and when  prescribed
 by a QUALIFIED INDEPENDENT physician SELECTED OR APPROVED BY THE DEPART-
 MENT OF HEALTH, in accordance with the recipient's plan of treatment and
 provided  by individuals who are qualified to provide such services, who
 are supervised by a registered nurse and who  are  not  members  of  the
 recipient's  family,  and  furnished  in  the  recipient's home or other
 location;
   (ii) the commissioner is authorized to adopt  standards,  pursuant  to
 emergency regulation, for the provision [and], management AND ASSESSMENT
 of  services  available  under this paragraph for individuals whose need
 for such services exceeds a specified level  to  be  determined  by  the
 commissioner,  AND WHO WITH THE PROVISION OF SUCH SERVICES IS CAPABLE OF
 SAFELY REMAINING IN THE COMMUNITY IN ACCORDANCE WITH THE  STANDARDS  SET
 FORTH  IN  OLMSTEAD  V.  LC  BY  ZIMRING, 527 US 581 (1999) AND CONSIDER
 WHETHER AN INDIVIDUAL IS CAPABLE OF SAFELY REMAINING IN THE COMMUNITY;
   § 2-a. Paragraph (e) of subdivision 2 of section 365-a of  the  social
 services  law is amended by adding two new subparagraphs (v) and (vi) to
 read as follows:
   (V) SUBJECT TO THE AVAILABILITY OF  FEDERAL  FINANCIAL  PARTICIPATION,
 PERSONAL  CARE  SERVICES OTHER THAN PERSONAL EMERGENCY RESPONSE SERVICES
 AVAILABLE PURSUANT TO THIS PARAGRAPH SHALL BE AVAILABLE ONLY TO INDIVID-
 UALS ASSESSED AS NEEDING  AT  LEAST  LIMITED  ASSISTANCE  WITH  PHYSICAL
 MANEUVERING  WITH MORE THAN TWO ACTIVITIES OF DAILY LIVING, OR FOR INDI-
 VIDUALS WITH A DEMENTIA OR ALZHEIMER'S DIAGNOSIS, ASSESSED AS NEEDING AT
 LEAST SUPERVISION WITH MORE  THAN  ONE  ACTIVITY  OF  DAILY  LIVING,  AS
 DEFINED  AND DETERMINED BY USING AN EVIDENCED BASED VALIDATED ASSESSMENT
 INSTRUMENT APPROVED BY THE COMMISSIONER AND  IN  ACCORDANCE  WITH  REGU-
 LATIONS  OF  THE DEPARTMENT AND ANY APPLICABLE STATE AND FEDERAL LAWS BY
 AN INDEPENDENT ASSESSOR. THE PROVISIONS OF THIS SUBPARAGRAPH SHALL  ONLY
 APPLY  TO  INDIVIDUALS  WHO  RECEIVE  AN  INITIAL AUTHORIZATION FOR SUCH
 SERVICES ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY;
   (VI) IN ESTABLISHING ANY STANDARDS FOR THE  PROVISION,  MANAGEMENT  OR
 ASSESSMENT  OF PERSONAL CARE SERVICES THE STATE SHALL MEET THE STANDARDS
 SET FORTH IN OLMSTEAD V. LC BY ZIMRING, 527 US 581 (1999)  AND  CONSIDER
 WHETHER AN INDIVIDUAL IS CAPABLE OF SAFELY REMAINING IN THE COMMUNITY;
   §  2-b.  Paragraph (a) of subdivision 2 of section 365-f of the social
 services law, as added by chapter 81 of the laws of 1995, is amended  to
 read as follows:
   (a)  is  eligible for long term care and services provided by a certi-
 fied home health agency, long term home health care program or AIDS home
 care program authorized pursuant to article  thirty-six  of  the  public
 health  law, or is eligible for personal care services provided pursuant
 to this article, AND WHO WITH THE PROVISION OF SUCH SERVICES IS  CAPABLE
 OF  SAFELY  REMAINING  IN THE COMMUNITY IN ACCORDANCE WITH THE STANDARDS
 SET FORTH IN OLMSTEAD V. LC BY ZIMRING, 527 US 581 (1999)  AND  CONSIDER
 WHETHER AN INDIVIDUAL IS CAPABLE OF SAFELY REMAINING IN THE COMMUNITY;
   §  3.  Paragraph  (c)  of subdivision 2 of section 365-f of the social
 services law, as amended by chapter 511 of the laws of 2015, is  amended
 to read as follows:
   (c)  has  been determined by the social services district, pursuant to
 an assessment of the person's appropriateness for the program, conducted
 with an appropriate long term home health care program, a certified home

 S. 7506--B                         265                        A. 9506--B
 
 health agency, or an AIDS home care program or pursuant to the  personal
 care  program,  as  being  in need of home care services or private duty
 nursing and AS NEEDING AT LEAST LIMITED ASSISTANCE WITH PHYSICAL  MANEU-
 VERING  WITH  MORE  THAN  TWO ACTIVITIES OF DAILY LIVING, OR FOR PERSONS
 WITH A DEMENTIA OR ALZHEIMER'S DIAGNOSIS, AS  NEEDING  AT  LEAST  SUPER-
 VISION  WITH  MORE  THAN ONE ACTIVITY OF DAILY LIVING, PROVIDED THAT THE
 PROVISIONS RELATED TO ACTIVITIES OF DAILY LIVING IN THIS PARAGRAPH SHALL
 ONLY APPLY TO PERSONS WHO INITIALLY SEEK ELIGIBILITY FOR THE PROGRAM  ON
 OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY, AND WHO is able and willing
 or  has a designated representative, including a legal guardian able and
 willing to make informed choices, or  a  designated  relative  or  other
 adult  who  is able and willing to assist in making informed choices, as
 to the type and quality of services, including but not limited  to  such
 services  as  nursing  care,  personal  care, transportation and respite
 services; and
   § 4. Paragraph (a) of subdivision 6 of section 4403-f  of  the  public
 health  law,  as  amended by section 41-b of part H of chapter 59 of the
 laws of 2011, is amended to read as follows:
   (a) An applicant shall be issued  a  certificate  of  authority  as  a
 managed  long  term  care  plan upon a determination by the commissioner
 that the applicant  complies  with  the  operating  requirements  for  a
 managed  long  term care plan under this section. The commissioner shall
 issue no more than seventy-five certificates  of  authority  to  managed
 long  term care plans pursuant to this section.  NOTHING IN THIS SECTION
 SHALL BE CONSTRUED AS REQUIRING THE DEPARTMENT TO CONTRACT  WITH  OR  TO
 CONTRACT  FOR  A  PARTICULAR  LINE  OF BUSINESS WITH AN ENTITY CERTIFIED
 UNDER THIS SECTION FOR THE PROVISION OF SERVICES AVAILABLE  UNDER  TITLE
 ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
   §  5.  Subdivision  6  of  section  4403-f of the public health law is
 amended by adding three new paragraphs (d),  (e)  and  (f)  to  read  as
 follows:
   (D) (I) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY, AND EXPIRING MARCH
 THIRTY-FIRST,  TWO  THOUSAND  TWENTY-TWO, THE COMMISSIONER SHALL PLACE A
 MORATORIUM ON THE PROCESSING AND  APPROVAL  OF  APPLICATIONS  SEEKING  A
 CERTIFICATE  OF  AUTHORITY  AS A MANAGED LONG TERM CARE PLAN PURSUANT TO
 THIS SECTION, INCLUDING APPLICATIONS SEEKING AUTHORIZATION TO EXPAND  AN
 EXISTING MANAGED LONG TERM CARE PLAN'S APPROVED SERVICE AREA OR SCOPE OF
 ELIGIBLE ENROLLEE POPULATIONS. SUCH MORATORIUM SHALL NOT APPLY TO:
   (A)  APPLICATIONS  SUBMITTED TO THE DEPARTMENT PRIOR TO JANUARY FIRST,
 TWO THOUSAND TWENTY;
   (B) APPLICATIONS SEEKING APPROVAL TO TRANSFER OWNERSHIP OR CONTROL  OF
 AN EXISTING MANAGED LONG TERM CARE PLAN;
   (C) APPLICATIONS DEMONSTRATING TO THE COMMISSIONER'S SATISFACTION THAT
 SUBMISSION  OF THE APPLICATION FOR CONSIDERATION WOULD BE APPROPRIATE TO
 ADDRESS A SERIOUS CONCERN WITH CARE DELIVERY, SUCH AS A LACK OF ADEQUATE
 ACCESS TO MANAGED LONG TERM CARE PLANS IN A GEOGRAPHIC AREA OR A LACK OF
 ADEQUATE AND APPROPRIATE CARE,  LANGUAGE  AND  CULTURAL  COMPETENCE,  OR
 SPECIAL NEEDS SERVICES; AND
   (D) APPLICATIONS SEEKING TO OPERATE UNDER THE PACE (PROGRAM OF ALL-IN-
 CLUSIVE  CARE FOR THE ELDERLY) MODEL AS AUTHORIZED BY FEDERAL PUBLIC LAW
 105-33, SUBTITLE I OF TITLE IV OF THE BALANCED BUDGET ACT OF 1997, OR TO
 SERVE INDIVIDUALS DUALLY ELIGIBLE FOR SERVICES AND BENEFITS UNDER TITLES
 XVIII AND XIX OF THE FEDERAL SOCIAL SECURITY ACT IN CONJUNCTION WITH  AN
 AFFILIATED  MEDICARE DUAL ELIGIBLE SPECIAL NEEDS PLAN, BASED ON THE NEED
 FOR SUCH PLANS AND THE EXPERIENCE OF APPLICANTS IN SERVING DUALLY ELIGI-
 BLE INDIVIDUALS AS DETERMINED BY THE COMMISSIONER IN THEIR DISCRETION.

 S. 7506--B                         266                        A. 9506--B
 
   (II) FOR THE DURATION OF THE MORATORIUM, THE COMMISSIONER SHALL ASSESS
 THE PUBLIC NEED FOR MANAGED LONG TERM CARE PLANS THAT ARE NOT INTEGRATED
 WITH AN AFFILIATED MEDICARE PLAN, THE ABILITY OF SUCH PLANS  TO  PROVIDE
 HIGH  QUALITY AND COST EFFECTIVE CARE FOR THEIR MEMBERSHIP, AND BASED ON
 SUCH  ASSESSMENT  DEVELOP A PROCESS AND CONDUCT AN ORDERLY WIND-DOWN AND
 ELIMINATION OF SUCH PLANS, WHICH SHALL COINCIDE WITH THE  EXPIRATION  OF
 THE  MORATORIUM  UNLESS  THE COMMISSIONER DETERMINES THAT A LONGER WIND-
 DOWN PERIOD IS NEEDED.
   (E) FOR THE DURATION OF THE MORATORIUM UNDER  PARAGRAPH  (D)  OF  THIS
 SUBDIVISION, THE COMMISSIONER SHALL ESTABLISH, AND ENFORCE BY MEANS OF A
 PREMIUM  WITHHOLDING  EQUAL TO THREE PERCENT OF THE BASE RATE, AN ANNUAL
 CAP ON TOTAL ENROLLMENT (ENROLLMENT CAP) FOR EACH MANAGED LONG TERM CARE
 PLAN, SUBJECT TO SUBPARAGRAPHS (II) AND (III) OF THIS  PARAGRAPH,  BASED
 ON  A PERCENTAGE OF EACH PLAN'S REPORTED ENROLLMENT AS OF OCTOBER FIRST,
 TWO THOUSAND TWENTY.
   (I) THE SPECIFIC PERCENTAGE OF EACH PLAN'S  ENROLLMENT  CAP  SHALL  BE
 ESTABLISHED BY THE COMMISSIONER BASED ON: (A) THE ABILITY OF INDIVIDUALS
 ELIGIBLE  FOR  SUCH  PLANS TO ACCESS HEALTH AND LONG TERM CARE SERVICES,
 (B) PLAN QUALITY OF CARE SCORES, (C) HISTORICAL PLAN DISENROLLMENT,  (D)
 THE PROJECTED GROWTH OF INDIVIDUALS ELIGIBLE FOR SUCH PLANS IN DIFFERENT
 REGIONS  OF  THE  STATE, (E) HISTORICAL PLAN ENROLLMENT OF PATIENTS WITH
 VARYING LEVELS OF NEED AND ACUITY, AND (F) OTHER FACTORS IN THE  COMMIS-
 SIONER'S  DISCRETION  TO  ENSURE  COMPLIANCE  WITH FEDERAL REQUIREMENTS,
 APPROPRIATE ACCESS TO PLAN SERVICES, AND CHOICE BY ELIGIBLE INDIVIDUALS.
   (II) IN THE EVENT THAT A PLAN EXCEEDS ITS ANNUAL ENROLLMENT  CAP,  THE
 COMMISSIONER  IS  AUTHORIZED  UNDER  THIS  PARAGRAPH  TO RETAIN ALL OR A
 PORTION OF THE PREMIUM WITHHELD BASED ON THE AMOUNT OVER  WHICH  A  PLAN
 EXCEEDS ITS ENROLLMENT CAP. PENALTIES ASSESSED PURSUANT TO THIS SUBDIVI-
 SION SHALL BE DETERMINED BY REGULATION.
   (III)  THE  COMMISSIONER  MAY  NOT  ESTABLISH  AN  ANNUAL CAP ON TOTAL
 ENROLLMENT UNDER THIS PARAGRAPH FOR PLANS' LINES OF  BUSINESS  OPERATING
 UNDER  THE PACE (PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY) MODEL AS
 AUTHORIZED BY FEDERAL PUBLIC LAW 105-33, SUBTITLE I OF TITLE IV  OF  THE
 BALANCED  BUDGET  ACT OF 1997, OR THAT SERVE INDIVIDUALS DUALLY ELIGIBLE
 FOR SERVICES AND BENEFITS UNDER TITLES XVIII  AND  XIX  OF  THE  FEDERAL
 SOCIAL  SECURITY  ACT  IN  CONJUNCTION  WITH AN AFFILIATED MEDICARE DUAL
 ELIGIBLE SPECIAL NEEDS PLAN.
   (F) IN IMPLEMENTING THE PROVISIONS OF PARAGRAPHS (D) AND (E)  OF  THIS
 SUBDIVISION, THE COMMISSIONER SHALL, TO THE EXTENT PRACTICABLE, CONSIDER
 AND  SELECT  METHODOLOGIES  THAT SEEK TO MAXIMIZE CONTINUITY OF CARE AND
 MINIMIZE DISRUPTION TO THE PROVIDER LABOR WORKFORCE, AND SHALL,  TO  THE
 EXTENT  PRACTICABLE  AND  CONSISTENT  WITH  THE RATIOS SET FORTH HEREIN,
 CONTINUE TO SUPPORT CONTRACTS BETWEEN MANAGED LONG TERM CARE  PLANS  AND
 LICENSED  HOME  CARE SERVICES AGENCIES THAT ARE BASED ON A COMMITMENT TO
 QUALITY AND VALUE.
   § 5-a. Subparagraph (vi) of paragraph (b) of subdivision 7 of  section
 4403-f  of  the public health law, as added by section 41-b of part H of
 chapter 59 of the laws of 2011, is amended to read as follows:
   (vi) persons required to enroll in the managed long term care  program
 or  other care coordination model established pursuant to this paragraph
 shall have no less than thirty days to select a managed long  term  care
 provider,  and  shall  be  provided with information to make an informed
 choice. Where a participant  has  not  selected  such  a  provider,  the
 commissioner  shall  assign such participant to a managed long term care
 provider, taking into account CONSISTENCY WITH ANY PRIOR COMMUNITY-BASED
 DIRECT CARE  WORKERS  HAVING  RECENTLY  SERVED  THE  RECIPIENT,  quality

 S. 7506--B                         267                        A. 9506--B
 
 PERFORMANCE  CRITERIA, capacity and geographic accessibility. DURING THE
 PERIOD PRIOR TO RECEIVING SERVICES FROM A MANAGED LONG TERM CARE PROVID-
 ER ASSIGNED UNDER THIS SUBPARAGRAPH, THE  PERSON  MAY  RECEIVE  SERVICES
 UNDER FEE FOR SERVICE MEDICAID.
   §  6.  Paragraph  (b) of subdivision 7 of section 4403-f of the public
 health law is amended by adding a new  subparagraph  (iii)  to  read  as
 follows:
   (III) NOTWITHSTANDING AND IN ADDITION TO ANY PROVISION OF SUBPARAGRAPH
 (I)  OF  THIS PARAGRAPH AND SUBJECT TO ANY FEDERAL REQUIREMENTS, PERSONS
 DUALLY ELIGIBLE FOR MEDICAL ASSISTANCE AND BENEFITS  UNDER  THE  FEDERAL
 MEDICARE  PROGRAM  WHO  ARE ENROLLED IN A MEDICARE DUAL ELIGIBLE SPECIAL
 NEEDS PLAN AND  WHO  DO  NOT  REQUIRE  COMMUNITY-BASED  LONG  TERM  CARE
 SERVICES,  AS  SPECIFIED BY THE COMMISSIONER, FOR A CONTINUOUS PERIOD OF
 MORE THAN ONE HUNDRED AND TWENTY DAYS SHALL BE REQUIRED TO  ENROLL  WITH
 AN  AVAILABLE  AFFILIATED  PLAN  CERTIFIED PURSUANT TO THIS SECTION WHEN
 PROGRAM FEATURES AND REIMBURSEMENT RATES ARE APPROVED BY THE COMMISSION-
 ER.
   § 7. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
 of 2014, amending the social services  law  relating  to  fair  hearings
 within the Fully Integrated Duals Advantage program, as amended by chap-
 ter 106 of the laws of 2018, is amended to read as follows:
   4-a.  section  twenty-two of this act shall take effect April 1, 2014,
 and shall be deemed expired January 1, [2021] 2024;
   § 8. Subdivision 2-a of section 22 of  the  social  services  law,  as
 added  by  section  22  of  part C of chapter 60 of the laws of 2014, is
 amended to read as follows:
   2-a. With regard to fair hearings  held  in  connection  with  appeals
 [under  the  fully integrated duals advantage demonstration program] FOR
 INTEGRATED FAIR HEARING AND APPEALS  PROCESSES  FOR  INDIVIDUALS  DUALLY
 ELIGIBLE  FOR  MEDICAL  ASSISTANCE  AND  BENEFITS AVAILABLE UNDER TITLES
 XVIII AND XIX OF THE FEDERAL SOCIAL SECURITY ACT, the  commissioner  may
 contract  for the sole purpose of assisting staff of the office for such
 purpose.
   § 9. Subdivision 1 of section 4013 of the public health law, as  added
 by section 26 of part J of chapter 82 of the laws of 2002, is amended to
 read as follows:
   1.  The  commissioner  shall, subject to the provisions of subdivision
 two of this section, increase medical assistance rates of payment by  UP
 TO  three  percent  for  hospice services provided on and after December
 first, two thousand two,  for  purposes  of  improving  recruitment  and
 retention of non-supervisory workers or workers with direct patient care
 responsibility.
   §  10. The public health law is amended by adding a new section 3605-c
 to read as follows:
   § 3605-C. AUTHORIZATION TO ENROLL AND PROVIDE MEDICAL ASSISTANCE.   1.
 A  LICENSED  HOME  CARE  SERVICES  AGENCY  (LHCSA) SHALL NOT ENROLL AS A
 PROVIDER IN THE MEDICAL ASSISTANCE PROGRAM OPERATED  PURSUANT  TO  TITLE
 ELEVEN  OF  ARTICLE  FIVE OF THE SOCIAL SERVICES LAW OR PROVIDE OR CLAIM
 FOR SERVICES PURSUANT THERETO, WHETHER PROVIDED UNDER THE STATE PLAN,  A
 WAIVER  THERETO  OR  THROUGH  A MANAGED CARE ORGANIZATION, WITHOUT BEING
 AUTHORIZED TO DO SO BY CONTRACT WITH THE DEPARTMENT ENTERED INTO  PURSU-
 ANT  TO THIS SECTION. AUTHORIZATION UNDER THIS SECTION SHALL NOT SUBSTI-
 TUTE FOR OR DUPLICATE THE REQUIREMENTS OF LICENSURE UNDER  THIS  ARTICLE
 OR  THE  SCREENING  AND ENROLLMENT PROCESS REQUIRED FOR PARTICIPATION IN
 THE MEDICAL ASSISTANCE PROGRAM.

 S. 7506--B                         268                        A. 9506--B
 
   2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SECTION  ONE  HUNDRED
 SIXTY-THREE  OF THE STATE FINANCE LAW, OR SECTIONS ONE HUNDRED FORTY-TWO
 AND ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, THE COMMIS-
 SIONER SHALL ENTER INTO A SUFFICIENT NUMBER OF CONTRACTS WITH LHCSAS  TO
 ENSURE  MEDICAL  ASSISTANCE RECIPIENTS HAVE ACCESS TO CARE AND SERVICES,
 PROVIDED, HOWEVER, THAT:
   (A) THE DEPARTMENT SHALL POST ON ITS WEBSITE FOR A PERIOD OF  NO  LESS
 THAN THIRTY DAYS:
   (I)  A DESCRIPTION OF THE PROPOSED SERVICES TO BE PROVIDED PURSUANT TO
 THE CONTRACT OR CONTRACTS;
   (II) THE CRITERIA FOR SELECTION OF LHCSA  CONTRACTORS,  INCLUDING  BUT
 NOT  LIMITED TO:  LICENSURE UNDER THIS ARTICLE, THE ABILITY TO APPROPRI-
 ATELY SERVE MEDICAL ASSISTANCE RECIPIENTS AS DETERMINED BY  THE  COMMIS-
 SIONER,  A  GEOGRAPHIC DISTRIBUTION OF LHCSAS TO ENSURE ACCESS STATEWIDE
 INCLUDING IN RURAL AND  UNDERSERVED  AREAS,  DEMONSTRATED  CULTURAL  AND
 LANGUAGE COMPETENCIES SPECIFIC TO THE POPULATION OF RECIPIENTS AND THOSE
 OF  THE  AVAILABLE  WORKFORCE,  ABILITY  TO PROVIDE TIMELY ASSISTANCE TO
 RECIPIENTS, EXPERIENCE SERVING INDIVIDUALS WITH DISABILITIES,  EFFICIENT
 AND  ECONOMIC ADMINISTRATION OF LHCSA SERVICES, AND DEMONSTRATED COMPLI-
 ANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS  INCLUD-
 ING,  BUT  NOT  LIMITED  TO, PAST COMPLIANCE WITH LABOR LAW AND EXISTING
 WAGE AND LABOR STANDARDS, AND COMPLIANCE WITH EQUAL EMPLOYMENT  OPPORTU-
 NITY REQUIREMENTS AND ANTI-DISCRIMINATION LAWS;
   (III)  THE  PERIOD  OF  TIME DURING WHICH A PROSPECTIVE CONTRACTOR MAY
 SEEK SELECTION, WHICH SHALL BE NO  LESS  THAN  THIRTY  DAYS  AFTER  SUCH
 INFORMATION IS FIRST POSTED ON THE WEBSITE; AND
   (IV)  THE  MANNER  BY  WHICH  A  PROSPECTIVE  CONTRACTOR  MAY SUBMIT A
 PROPOSAL FOR SELECTION,  WHICH  MAY  INCLUDE  SUBMISSION  BY  ELECTRONIC
 MEANS;
   (B)  THE  COMMISSIONER SHALL REVIEW IN A TIMELY FASHION ALL REASONABLE
 AND RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM  PROSPECTIVE  CONTRAC-
 TORS;
   (C)  THE  COMMISSIONER  SHALL  SELECT  SUCH  CONTRACTORS  THAT, IN THE
 COMMISSIONER'S DISCRETION, ARE BEST SUITED TO  EFFICIENTLY  AND  ECONOM-
 ICALLY ADMINISTER MEDICAL ASSISTANCE SERVICES;
   (D)  ALL  DECISIONS MADE AND APPROACHES TAKEN PURSUANT TO THIS SECTION
 SHALL BE DOCUMENTED IN A PROCUREMENT RECORD AS DEFINED  IN  SECTION  ONE
 HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW;
   (E)  THE  COMMISSIONER  MAY INSTITUTE A CONTINUOUS RECRUITMENT PROCESS
 PROVIDED THAT THE INFORMATION  REQUIRED  UNDER  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION  REMAINS ON THE DEPARTMENT'S WEBSITE FOR THE ENTIRE DURATION
 OF THE RECRUITMENT PROCESS, UNTIL SUCH  DATE  AS  THE  COMMISSIONER  MAY
 DETERMINE UPON NO LESS THAN TEN DAYS NOTICE BEING POSTED ON THE WEBSITE;
 AND
   (F)  THE  COMMISSIONER  MAY  REOFFER CONTRACTS UNDER THE SAME TERMS OF
 THIS SUBDIVISION, IF DETERMINED NECESSARY  BY  THE  COMMISSIONER,  ON  A
 STATEWIDE OR REGIONAL BASIS.
   3.  (A)  THE  DEPARTMENT  MAY  TERMINATE A LHCSA'S CONTRACT UNDER THIS
 SECTION OR SUSPEND OR LIMIT THE LHCSA'S RIGHTS AND PRIVILEGES UNDER  THE
 CONTRACT  UPON  THIRTY  DAY'S WRITTEN NOTICE TO THE LHCSA IF THE COMMIS-
 SIONER FINDS THAT THE LHCSA HAS FAILED TO COMPLY WITH THE PROVISIONS  OF
 THIS  SECTION  OR  ANY  REGULATIONS PROMULGATED HEREUNDER.   THE WRITTEN
 NOTICE SHALL INCLUDE:
   (I) A DESCRIPTION OF THE CONDUCT AND THE ISSUES RELATED  THERETO  THAT
 HAVE BEEN IDENTIFIED AS FAILURE OF COMPLIANCE; AND
   (II) THE TIME FRAME OF THE CONDUCT THAT FAILS COMPLIANCE.

 S. 7506--B                         269                        A. 9506--B
 
   (B)  NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, UPON DETERMIN-
 ING THAT A MEDICAL ASSISTANCE RECIPIENT'S  HEALTH  OR  SAFETY  WOULD  BE
 IMMINENTLY  ENDANGERED  BY  THE  CONTINUED  OPERATION  OR ACTIONS OF THE
 LHCSA, THE COMMISSIONER MAY TERMINATE THE LHCSA'S CONTRACT OR SUSPEND OR
 LIMIT  THE  LHCSA'S RIGHTS AND PRIVILEGES UNDER THE CONTRACT IMMEDIATELY
 UPON WRITTEN NOTICE.
   (C) ALL ORDERS OR  DETERMINATIONS  UNDER  THIS  SUBDIVISION  SHALL  BE
 SUBJECT  TO  REVIEW  AS  PROVIDED  IN ARTICLE SEVENTY-EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES.
   (D) ANY PROCEDURAL RIGHTS OR  PRIVILEGES  AFFORDED  PURSUANT  TO  THIS
 SUBDIVISION  SHALL  APPLY  ONLY  TO ACTIONS TAKEN UNDER THIS SUBDIVISION
 WITH RESPECT TO COMPLIANCE WITH THE TERMS OF THE CONTRACT. ACTIONS TAKEN
 UNDER THIS SUBDIVISION SHALL NOT CONSTITUTE AND SHALL NOT  BE  CONSTRUED
 TO  CONSTITUTE  AN ACTION WITH RESPECT TO A LHCSA'S LICENSURE OR ENROLL-
 MENT IN THE MEDICAL ASSISTANCE PROGRAM, WHICH THE DEPARTMENT MAY  UNDER-
 TAKE SEPARATELY OR IN CONJUNCTION WITH AN ACTION PURSUANT TO THIS SUBDI-
 VISION.
   4.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY UNLESS ANY AND ALL
 NECESSARY APPROVALS UNDER FEDERAL LAW AND REGULATION HAVE BEEN  OBTAINED
 TO RECEIVE FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF SERVICES THAT
 WOULD  BE  PROVIDED  BY LHCSAS IN ACCORDANCE WITH THE TERMS OF CONTRACTS
 ENTERED INTO PURSUANT TO THIS SECTION.
   § 11. Section 365-a of the social services law is amended by adding  a
 new subdivision 10 to read as follows:
   10.  THE  DEPARTMENT OF HEALTH SHALL ESTABLISH OR PROCURE THE SERVICES
 OF AN INDEPENDENT ASSESSOR OR ASSESSORS NO LATER THAN OCTOBER  1,  2022,
 IN A MANNER AND SCHEDULE AS DETERMINED BY THE COMMISSIONER OF HEALTH, TO
 TAKE  OVER  FROM  LOCAL DEPARTMENTS OF SOCIAL SERVICES, MEDICAID MANAGED
 CARE PROVIDERS, AND MEDICAID MANAGED LONG TERM CARE PLANS PERFORMANCE OF
 ASSESSMENTS AND  REASSESSMENTS  REQUIRED  FOR  DETERMINING  INDIVIDUALS'
 NEEDS  FOR  PERSONAL  CARE  SERVICES,  INCLUDING AS PROVIDED THROUGH THE
 CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM,  AND  OTHER  SERVICES  OR
 PROGRAMS AVAILABLE PURSUANT TO THE STATE'S MEDICAL ASSISTANCE PROGRAM AS
 DETERMINED BY SUCH COMMISSIONER FOR THE PURPOSE OF IMPROVING EFFICIENCY,
 QUALITY,  AND  RELIABILITY  IN  ASSESSMENT AND TO DETERMINE INDIVIDUALS'
 ELIGIBILITY FOR MEDICAID MANAGED LONG TERM CARE PLANS.   NOTWITHSTANDING
 THE  PROVISIONS  OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE
 LAW, OR SECTIONS ONE HUNDRED FORTY-TWO AND ONE  HUNDRED  FORTY-THREE  OF
 THE  ECONOMIC  DEVELOPMENT  LAW,  OR  ANY  CONTRARY  PROVISION  OF  LAW,
 CONTRACTS MAY BE ENTERED OR THE COMMISSIONER MAY AMEND  AND  EXTEND  THE
 TERMS OF A CONTRACT AWARDED PRIOR TO THE EFFECTIVE DATE AND ENTERED INTO
 PURSUANT  TO  SUBDIVISION  TWENTY-FOUR OF SECTION TWO HUNDRED SIX OF THE
 PUBLIC HEALTH LAW, AS ADDED BY SECTION THIRTY-NINE OF PART C OF  CHAPTER
 FIFTY-EIGHT  OF  THE  LAWS OF TWO THOUSAND EIGHT, AND A CONTRACT AWARDED
 PRIOR TO THE EFFECTIVE DATE  AND  ENTERED  INTO  TO  CONDUCT  ENROLLMENT
 BROKER  AND  CONFLICT-FREE EVALUATION SERVICES FOR THE MEDICAID PROGRAM,
 IF SUCH CONTRACT OR CONTRACT AMENDMENT IS FOR THE PURPOSE  OF  PROCURING
 SUCH  ASSESSMENT SERVICES FROM AN INDEPENDENT ASSESSOR; PROVIDED, HOWEV-
 ER, IN THE CASE OF A CONTRACT ENTERED INTO AFTER THE EFFECTIVE  DATE  OF
 THIS SECTION, THAT:
   (A)  THE  DEPARTMENT OF HEALTH SHALL POST ON ITS WEBSITE, FOR A PERIOD
 OF NO LESS THAN THIRTY DAYS:
   (I) A DESCRIPTION OF THE PROPOSED SERVICES TO BE PROVIDED PURSUANT  TO
 THE CONTRACT OR CONTRACTS;
   (II) THE CRITERIA FOR SELECTION OF A CONTRACTOR OR CONTRACTORS INCLUD-
 ING,  BUT  NOT  LIMITED TO, BEING UNAFFILIATED WITH ANY ENTITY CERTIFIED

 S. 7506--B                         270                        A. 9506--B
 
 UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR ANY SERVICE PROVID-
 ER LICENSED UNDER ARTICLE THIRTY-SIX OF THE PUBLIC  HEALTH  LAW,  DEMON-
 STRATED CULTURAL AND LINGUISTIC COMPETENCE, EXPERIENCE IN EVALUATING THE
 SERVICE  NEEDS  OF  INDIVIDUALS WITH DISABILITIES SEEKING TO LIVE IN THE
 COMMUNITY, AND DEMONSTRATED COMPLIANCE WITH  ALL  APPLICABLE  STATE  AND
 FEDERAL  LAWS.  FURTHERMORE,  THE  SELECTION CRITERIA SHALL CONSIDER AND
 GIVE PREFERENCE TO WHETHER A PROSPECTIVE CONTRACTOR IS A  NOT-FOR-PROFIT
 ORGANIZATION;
   (III)  THE  PERIOD  OF  TIME DURING WHICH A PROSPECTIVE CONTRACTOR MAY
 SEEK SELECTION, WHICH SHALL BE NO  LESS  THAN  THIRTY  DAYS  AFTER  SUCH
 INFORMATION IS FIRST POSTED ON THE WEBSITE; AND
   (IV)  THE  MANNER  BY  WHICH  A  PROSPECTIVE  CONTRACTOR  MAY SUBMIT A
 PROPOSAL FOR SELECTION,  WHICH  MAY  INCLUDE  SUBMISSION  BY  ELECTRONIC
 MEANS;
   (B)  ALL  REASONABLE AND RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM
 PROSPECTIVE CONTRACTORS IN A TIMELY FASHION SHALL  BE  REVIEWED  BY  THE
 COMMISSIONER OF HEALTH;
   (C)  THE  COMMISSIONER  OF  HEALTH  SHALL  SELECT  SUCH  CONTRACTOR OR
 CONTRACTORS THAT ARE BEST SUITED TO SERVE THE PURPOSES OF  THIS  SECTION
 AND THE NEEDS OF RECIPIENTS; AND
   (D)  ALL  DECISIONS MADE AND APPROACHES TAKEN PURSUANT TO THIS SECTION
 SHALL BE DOCUMENTED IN A PROCUREMENT RECORD AS DEFINED  IN  SECTION  ONE
 HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
   §  12. Section 8 of part C of chapter 57 of the laws of 2018, amending
 the social services law and the public health law relating   to   health
 homes    and penalties for managed care providers, is amended to read as
 follows:
   § 8. Notwithstanding any inconsistent provision of [sections 112  and]
 SECTION  163  of  the  state finance law, or sections 142 and 143 of the
 economic development law,  or  any  other  contrary  provision  of  law,
 excepting  the  13  responsible vendor requirements of the state finance
 law, including, but not limited to, sections 163 and 139-k of the  state
 finance law, the commissioner of health is authorized to amend or other-
 wise  extend the terms of a contract awarded prior to the effective date
 and entered into pursuant to subdivision 24 of section 206 of the public
 health law, as added by section 39 of part C of chapter 58 of  the  laws
 of  2008, and a contract awarded prior to the effective date and entered
 into to conduct enrollment broker and conflict-free evaluation  services
 for  the  Medicaid  program, both for a period of three years, without a
 competitive bid or request for proposal process, upon determination that
 the existing  contractor  is  qualified  to  continue  to  provide  such
 services,  and  provided that efficiency savings are achieved during the
 period of extension; and  provided,  further,  that  the  department  of
 health  shall submit a request for applications for such contract during
 the time period specified in this section and may terminate the contract
 identified herein prior to expiration of  the  extension  authorized  by
 this section.
   §  13. Clause (vi) of subparagraph 1 of paragraph (e) of subdivision 5
 of section 366 of the social services law, as added by section  26-a  of
 part C of chapter 109 of the laws of 2006, is amended and two new claus-
 es (xi) and (xii) are added to read as follows:
   (vi)  "look-back  period"  means  the  sixty-month  period immediately
 preceding the date that an institutionalized individual is both institu-
 tionalized and has applied for medical assistance, OR IN THE CASE  OF  A
 NON-INSTITUTIONALIZED INDIVIDUAL, SUBJECT TO FEDERAL APPROVAL, THE THIR-
 TY-MONTH  PERIOD  IMMEDIATELY  PRECEDING THE DATE THAT SUCH NON-INSTITU-

 S. 7506--B                         271                        A. 9506--B
 
 TIONALIZED INDIVIDUAL APPLIES FOR MEDICAL ASSISTANCE  COVERAGE  OF  LONG
 TERM CARE SERVICES. NOTHING HEREIN PRECLUDES A REVIEW OF ELIGIBILITY FOR
 RETROACTIVE AUTHORIZATION FOR MEDICAL EXPENSES INCURRED DURING THE THREE
 MONTHS PRIOR TO THE MONTH OF APPLICATION FOR MEDICAL ASSISTANCE.
   (XI) "NON-INSTITUTIONALIZED INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS NOT
 AN  INSTITUTIONALIZED  INDIVIDUAL,  AS  DEFINED  IN CLAUSE (VII) OF THIS
 SUBPARAGRAPH.
   (XII) "LONG TERM CARE  SERVICES"  MEANS  HOME  HEALTH  CARE  SERVICES,
 PRIVATE  DUTY  NURSING SERVICES, PERSONAL CARE SERVICES, ASSISTED LIVING
 PROGRAM SERVICES AND SUCH OTHER SERVICES FOR WHICH MEDICAL ASSISTANCE IS
 OTHERWISE AVAILABLE UNDER THIS CHAPTER WHICH ARE DESIGNATED AS LONG TERM
 CARE SERVICES IN THE REGULATIONS OF THE DEPARTMENT.
   § 14. The opening paragraph of subparagraph  3  of  paragraph  (e)  of
 subdivision  5  of  section  366 of the social services law, as added by
 section 26-a of part C of chapter 109 of the laws of 2006, is amended to
 read as follows:
   In determining the medical assistance eligibility of an institutional-
 ized individual, any transfer of an asset by the individual or the indi-
 vidual's spouse for less than fair market value made within or after the
 look-back period shall render  the  individual  ineligible  for  nursing
 facility  services for the period of time specified in subparagraph five
 of this paragraph. IN DETERMINING THE MEDICAL ASSISTANCE ELIGIBILITY  OF
 A  NON-INSTITUTIONALIZED  INDIVIDUAL,  ANY  TRANSFER  OF AN ASSET BY THE
 INDIVIDUAL OR THE INDIVIDUAL'S SPOUSE FOR LESS THAN  FAIR  MARKET  VALUE
 MADE  WITHIN  OR  AFTER THE LOOK-BACK PERIOD SHALL RENDER THE INDIVIDUAL
 INELIGIBLE FOR COMMUNITY BASED LONG TERM CARE SERVICES FOR THE PERIOD OF
 TIME SPECIFIED IN SUBPARAGRAPH FIVE OF THIS PARAGRAPH. For  purposes  of
 this paragraph:
   § 15. Intentionally omitted.
   § 16. Intentionally omitted.
   §  17.  The opening paragraph of subdivision 2 of section 365-f of the
 social services law, as amended by section 38 of part D of chapter 58 of
 the laws of 2009, is amended to read as follows:
   All eligible individuals receiving home care [shall be provided notice
 of the availability of the program, and no less frequently than annually
 thereafter, and] shall have the opportunity to apply  for  participation
 in  the  program  NO LESS THAN ANNUALLY.   Each social services district
 shall file an implementation plan with the commissioner of  the  depart-
 ment  of  health, which shall be updated annually. Such updates shall be
 submitted no later than November thirtieth of each year.   Beginning  on
 June  thirtieth,  two  thousand nine, the plans and updates submitted by
 districts shall require the approval of the department.   Implementation
 plans  shall  include  district enrollment targets, describe methods for
 the provision of notice and assistance to interested individuals  eligi-
 ble for enrollment in the program, and shall contain such other informa-
 tion  as  shall be required by the department. An "eligible individual",
 for purposes of this section is a person who:
   § 18. Clauses 12 and 13 of subparagraph (v) of paragraph (b) of subdi-
 vision 7 of section 4403-f of the  public  health  law,  as  amended  by
 section 5 of part B of chapter 57 of the laws of 2018, are amended and a
 new clause 14 is added to read as follows:
   (12) Native Americans; [and]
   (13)  a  person  who  is  permanently  placed  in a nursing home for a
 consecutive period  of  three  months  or  more.  In  implementing  this
 provision, the department shall continue to support service delivery and
 outcomes that result in community living for enrollees[.]; AND

 S. 7506--B                         272                        A. 9506--B
 
   (14)  A  PERSON  WHO HAS NOT BEEN ASSESSED AS NEEDING AT LEAST LIMITED
 ASSISTANCE WITH PHYSICAL MANEUVERING WITH MORE THAN  TWO  ACTIVITIES  OF
 DAILY  LIVING, OR FOR INDIVIDUALS WITH A DEMENTIA OR ALZHEIMER'S DIAGNO-
 SIS, ASSESSED AS NEEDING AT LEAST SUPERVISION WITH MORE THAN ONE  ACTIV-
 ITY  OF DAILY LIVING, AS DEFINED AND DETERMINED USING AN EVIDENCED BASED
 VALIDATED ASSESSMENT INSTRUMENT APPROVED  BY  THE  COMMISSIONER  AND  IN
 ACCORDANCE  WITH APPLICABLE STATE AND FEDERAL LAW AND REGULATIONS OF THE
 DEPARTMENT, PROVIDED THAT THE PROVISIONS OF THIS CLAUSE SHALL NOT  APPLY
 TO  A  PERSON  WHO HAS BEEN CONTINUOUSLY ENROLLED IN A MANAGED LONG TERM
 CARE PROGRAM BEGINNING PRIOR TO OCTOBER FIRST, TWO THOUSAND TWENTY.
   § 19. Paragraph (d) of subdivision 1 of section 4403-f of  the  public
 health law, as amended by section 41 of part H of chapter 59 of the laws
 of 2011, is amended to read as follows:
   (d) "Health and long term care services" means services including, but
 not  limited to home and community-based and institution-based long term
 care and ancillary services (that shall  include  medical  supplies  and
 nutritional supplements) that are necessary to meet the needs of persons
 whom  the  plan is authorized to enroll. The managed long term care plan
 may also cover primary care [and],  acute  care  AND  BEHAVIORAL  HEALTH
 SERVICES if so authorized.
   §  20. The department of health shall establish or procure services of
 an independent panel or panels of clinical professionals no  later  than
 October  1,  2022, in a manner and schedule as determined by the commis-
 sioner of health, to provide as  appropriate  independent  physician  or
 other  applicable clinician orders for personal care services, including
 as provided through the consumer directed personal  assistance  program,
 available  pursuant  to  the  state's  medical assistance program and to
 determine eligibility for  the  consumer  directed  personal  assistance
 program.    Notwithstanding  the  provisions of section 163 of the state
 finance law, or sections 142 and 143 of the economic development law, or
 any contrary provision of law, contracts may be entered or  the  commis-
 sioner may amend and extend the terms of a contract awarded prior to the
 effective  date  and entered into pursuant to subdivision twenty-four of
 section two hundred six of the public health law, as  added  by  section
 thirty-nine of part C of chapter fifty-eight of the laws of two thousand
 eight,  and  a  contract awarded prior to the effective date and entered
 into to conduct enrollment broker and conflict-free evaluation  services
 for  the Medicaid program, if such contract or contract amendment is for
 the purpose of establishing an independent panel or panels  of  clinical
 professionals  as  described  in this section; provided, however, in the
 case of a contract  entered  into  after  the  effective  date  of  this
 section, that:
   (a)  The  department of health shall post on its website, for a period
 of no less than 30 days:
   (i) A description of the proposed services to be provided pursuant  to
 the contract or contracts;
   (ii) The criteria for selection of a contractor or contractors;
   (iii)  The  period  of  time during which a prospective contractor may
 seek to be selected by the department of health, which shall be no  less
 than 30 days after such information is first posted on the website; and
   (iv)  The  manner  by  which  a  prospective  contractor  may submit a
 proposal for selection,  which  may  include  submission  by  electronic
 means;
   (b)  All  reasonable and responsive submissions that are received from
 prospective contractors in timely  fashion  shall  be  reviewed  by  the
 commissioner of health; and

 S. 7506--B                         273                        A. 9506--B
 
   (c)  The  commissioner  of  health  shall  select  such  contractor or
 contractors that, in such commissioner's discretion, are best suited  to
 serve the purposes of this section and the needs of recipients; and
   (d)  all  decisions made and approaches taken pursuant to this section
 shall be documented in a procurement record as defined  in  section  one
 hundred sixty-three of the state finance law.
   §  21.  The  department  of  health shall develop, directly or through
 procurement, and shall implement an evidenced  based  validated  uniform
 task-based  assessment  tool  no  later  than  April  1, 2021, to assist
 managed care plans and local departments  of  social  services  to  make
 appropriate  and  individualized  determinations for utilization of home
 care services in accordance with applicable state and  federal  law  and
 regulations, including the number of personal care services and consumer
 directed  personal  assistance hours of care each day, provided pursuant
 to the state's medical assistance program, and how Medicaid  recipients'
 needs for assistance with activities of daily living can be met, such as
 through  telehealth, provided that services rendered via telehealth meet
 equivalent quality and safety standards  of  services  provided  through
 non-electronic means, and other available alternatives, including family
 and  social  supports.  Notwithstanding the provisions of section 163 of
 the state finance law, or sections 142 and 143 of the economic  develop-
 ment  law,  or  any contrary provision of law, a contract may be entered
 without a competitive bid  or  request  for  proposal  process  if  such
 contract  is  for the purpose of developing the evidence based validated
 uniform task-based assessment tool described in this  section,  provided
 that:
   (a)  The  department of health shall post on its website, for a period
 of no less than 30 days:
   (i) A description of the evidence based validated  uniform  task-based
 assessment tool to be developed pursuant to the contract;
   (ii) The criteria for contractor selection;
   (iii)  The  period  of  time during which a prospective contractor may
 seek to be selected by the department of health, which shall be no  less
 than 30 days after such information is first posted on the website; and
   (iv)  The  manner  by  which  a  prospective  contractor  may submit a
 proposal for selection,  which  may  include  submission  by  electronic
 means;
   (b)  All  reasonable and responsive submissions that are received from
 prospective contractors in a timely fashion shall  be  reviewed  by  the
 commissioner of health;
   (c)  The  commissioner  of health shall select such contractor that is
 best suited to serve the purposes of  this  section  and  the  needs  of
 recipients; and
   (d)  All  decisions made and approaches taken pursuant to this section
 shall be documented in a procurement record as defined  in  section  one
 hundred sixty-three of the state finance law.
   §  22.  Subparagraph (iv) of paragraph (g) of subdivision 7 of section
 4403-f of the public health law, as amended by section 41-b of part H of
 chapter 59 of the laws of 2011, is amended to read as follows:
   (iv) Continued enrollment in a managed long term care plan  or  demon-
 stration  paid  for by government funds shall be based upon a comprehen-
 sive assessment of the medical, social and environmental  needs  of  the
 recipient  of  the services. Such assessment shall be performed at least
 [every six months] ANNUALLY by the managed long term care  plan  serving
 the  enrollee.  The  commissioner shall prescribe the forms on which the
 assessment will be made.

 S. 7506--B                         274                        A. 9506--B
 
   § 23. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020; provided,
 however,  that  sections two, two-a, two-b, three, thirteen and fourteen
 of this act shall take effect October 1, 2020; provided further,  howev-
 er,  that the amendments to section 4403-f of the public health law made
 by sections four, five, five-a, six, eighteen, nineteen  and  twenty-two
 of  this  act  shall  not affect the repeal of such section and shall be
 deemed repealed therewith; provided further, however,  that  the  amend-
 ments  to paragraph (b) of subdivision 7 of section 4403-f of the public
 health law made by section eighteen of this act  shall  not  affect  the
 expiration  of  such  paragraph  and  shall  expire  therewith; provided
 further, however, that the director of the budget may,  in  consultation
 with  the  commissioner  of health, delay the effective dates prescribed
 herein for a period of time which shall not exceed ninety days following
 the conclusion or termination of an executive order issued  pursuant  to
 section 28 of the executive law declaring a state disaster emergency for
 the entire state of New York, upon such delay the director of the budget
 shall  notify  the  chairs  of the assembly ways and means committee and
 senate finance committee and the  chairs  of  the  assembly  and  senate
 health  committee;  provided  further, however, that the director of the
 budget shall notify the legislative bill drafting  commission  upon  the
 occurrence  of  a  delay in the effective date of this act in order that
 the commission may maintain an accurate and timely effective  data  base
 of the official text of the laws of the state of New York in furtherance
 of  effectuating the provisions of section 44 of the legislative law and
 section 70-b of the public officers law.
 
                                  PART NN
 
   Section 1.  Subparagraph (iv) of paragraph (b) of subdivision  2-b  of
 section  2808 of the public health law, as amended by section 14 of part
 OO of chapter 57 of the laws of 2008, is amended to read as follows:
   (iv) The capital cost component of rates on and after  January  first,
 two  thousand  nine  shall: (A) fully reflect the cost of local property
 taxes and payments made in lieu of local property taxes, as reported  in
 each  facility's  cost  report submitted for the year two years prior to
 the rate year[.]; (B) PROVIDED, HOWEVER, NOTWITHSTANDING ANY  INCONSIST-
 ENT  PROVISION  OF  THIS  ARTICLE,  COMMENCING APRIL FIRST, TWO THOUSAND
 TWENTY FOR RATES OF PAYMENT FOR PATIENTS ELIGIBLE FOR PAYMENTS  MADE  BY
 STATE  GOVERNMENTAL  AGENCIES,  THE CAPITAL COST COMPONENT DETERMINED IN
 ACCORDANCE WITH THIS SUBPARAGRAPH AND INCLUSIVE OF  ANY  SHARED  SAVINGS
 FOR  ELIGIBLE  FACILITIES  THAT  ELECT TO REFINANCE THEIR MORTGAGE LOANS
 PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO-A OF THIS SECTION, SHALL BE
 REDUCED BY THE COMMISSIONER BY FIVE PERCENT.
   § 2. Paragraph d of subdivision 20  of  section  2808  of  the  public
 health law, as added by section 8 of part H of chapter 59 of the laws of
 2011, is amended to read as follows:
   d.  Notwithstanding any contrary provision of law, rule or regulation,
 for rate periods on and after April  first,  two  thousand  eleven,  the
 commissioner may reduce or eliminate the payment factor for return on or
 return  of  equity  in  the  capital cost component of Medicaid rates of
 payment for services provided by residential health care facilities, AND
 FOR RATE PERIODS ON AND AFTER APRIL FIRST, TWO  THOUSAND  TWENTY,  THERE
 SHALL  BE  NO  PAYMENT  FACTOR  FOR RESIDUAL EQUITY REIMBURSEMENT IN THE
 CAPITAL COST  COMPONENT  OF  MEDICAID  RATES  OF  PAYMENT  FOR  SERVICES
 PROVIDED BY RESIDENTIAL HEALTH CARE FACILITIES.

 S. 7506--B                         275                        A. 9506--B

   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020;  provided
 further,  however,  that the director of the budget may, in consultation
 with the commissioner of health, delay the  effective  dates  prescribed
 herein for a period of time which shall not exceed ninety days following
 the  conclusion  or termination of an executive order issued pursuant to
 section 28 of the executive law declaring a state disaster emergency for
 the entire state of New York, upon such delay the director of the budget
 shall notify the chairs of the assembly ways  and  means  committee  and
 senate  finance  committee  and  the  chairs  of the assembly and senate
 health committees; provided further, however, that the director  of  the
 budget  shall  notify  the legislative bill drafting commission upon the
 occurrence of a delay in the effective date of this act  in  order  that
 the  commission  may maintain an accurate and timely effective data base
 of the official text of the laws of the state of New York in furtherance
 of effectuating the provisions of section 44 of the legislative law  and
 section 70-b of the public officers law.
 
                                  PART OO
 
   Section  1.  Section  3614-c  of  the public health law, as amended by
 section 5 of part S of chapter 57 of the laws of 2017, subdivision 2  as
 amended  by  section  10 of part G of chapter 57 of the laws of 2019, is
 amended to read as follows:
   § 3614-c. Home care worker wage parity. 1. As used  in  this  section,
 the following terms shall have the following meaning:
   (a)  "Living  wage  law"  means  any law enacted by Nassau, Suffolk or
 Westchester county or a city with a population of one  million  or  more
 which  establishes  a minimum wage for some or all employees who perform
 work on contracts with such county or city.
   (b) "Total compensation" means all wages and other direct compensation
 paid to or provided on behalf of the employee including, but not limited
 to, wages, health, education or pension benefits, supplements in lieu of
 benefits and compensated time off,  except  that  it  does  not  include
 employer  taxes  or employer portion of payments for statutory benefits,
 including but not limited to FICA,  disability  insurance,  unemployment
 insurance and workers' compensation.
   (c)  "Prevailing  rate of total compensation" means the average hourly
 amount of total compensation paid to all  home  care  aides  covered  by
 whatever  collectively bargained agreement covers the greatest number of
 home care aides in a city with a population of one million or more.  For
 purposes  of  this  definition, any set of collectively bargained agree-
 ments in such city with substantially  the  same  terms  and  conditions
 relating  to  total compensation shall be considered as a single collec-
 tively bargained agreement.
   (d) "Home care aide" means a home health  aide,  personal  care  aide,
 home attendant, personal assistant performing consumer directed personal
 assistance  services  pursuant  to section three hundred sixty-five-f of
 the social services law, or other licensed or  unlicensed  person  whose
 primary responsibility includes the provision of in-home assistance with
 activities  of  daily living, instrumental activities of daily living or
 health-related tasks; provided, however, that home care  aide  does  not
 include  any  individual  (i) working on a casual basis, or (ii) (except
 for a person employed under the consumer  directed  personal  assistance
 program  under section three hundred sixty-five-f of the social services
 law) who is a relative through blood, marriage or adoption of:  (1)  the

 S. 7506--B                         276                        A. 9506--B
 
 employer;  or (2) the person for whom the worker is delivering services,
 under a program funded  or  administered  by  federal,  state  or  local
 government.
   (e)  "Managed  care plan" means any managed care program, organization
 or demonstration covering personal care or home  health  aide  services,
 and which receives premiums funded, in whole or in part, by the New York
 state medical assistance program, including but not limited to all Medi-
 caid  managed care, Medicaid managed long term care, Medicaid advantage,
 and Medicaid advantage plus plans and all programs of all-inclusive care
 for the elderly.
   (f) "Episode of care" means any service unit reimbursed, in  whole  or
 in  part,  by  the  New  York  state medical assistance program, whether
 through direct reimbursement or covered by a premium payment, and  which
 covers,  in  whole or in part, any service provided by a home care aide,
 including but not limited to all service units defined as visits, hours,
 days, months or episodes.
   (g) "Cash portion of the minimum rate of home care aide total  compen-
 sation"  means  the  minimum amount of home care aide total compensation
 that may be paid in cash wages,  as  determined  by  the  department  in
 consultation with the department of labor.
   (h)  "Benefit  portion  of  the  minimum  rate of home care aide total
 compensation" means the portion of home  care  aide  total  compensation
 that  may be paid in cash or health, education or pension benefits, wage
 differentials, supplements in lieu of benefits and compensated time off,
 as determined by the department in consultation with the  department  of
 labor.  Cash  wages  paid  pursuant to increases in the state or federal
 minimum wage cannot be used to satisfy the benefit portion of the  mini-
 mum rate of home care aide total compensation.
   (I)  "FISCAL INTERMEDIARY" MEANS A FISCAL INTERMEDIARY IN THE CONSUMER
 DIRECTED PERSONAL ASSISTANCE PROGRAM UNDER SECTION THREE HUNDRED  SIXTY-
 FIVE-F OF THE SOCIAL SERVICES LAW.
   2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
 lation, no payments by government agencies shall be  made  to  certified
 home  health agencies, long term home health care programs, managed care
 plans, [the consumer directed personal assistance program under  section
 three  hundred  sixty-five-f of the social services law] FISCAL INTERME-
 DIARIES, the nursing home transition and diversion waiver program  under
 section three hundred sixty-six of the social services law, or the trau-
 matic  brain  injury  waiver  program under section [two thousand seven]
 TWENTY-SEVEN hundred forty of this  chapter  for  any  episode  of  care
 furnished, in whole or in part, by any home care aide who is compensated
 at amounts less than the applicable minimum rate of home care aide total
 compensation established pursuant to this section.
   3. (a) The minimum rate of home care aide total compensation in a city
 with a population of one million or more shall be:
   (i)  for  the period March first, two thousand twelve through February
 twenty-eighth, two  thousand  thirteen,  ninety  percent  of  the  total
 compensation mandated by the living wage law of such city;
   (ii)  for the period March first, two thousand thirteen through Febru-
 ary twenty-eighth, two thousand fourteen,  ninety-five  percent  of  the
 total compensation mandated by the living wage law of such city;
   (iii)  for the period March first, two thousand fourteen through March
 thirty-first two thousand sixteen, no less than the prevailing  rate  of
 total  compensation  as  of  January  first, two thousand eleven, or the
 total compensation mandated by the living wage law of such city,  which-
 ever is greater;

 S. 7506--B                         277                        A. 9506--B

   (iv)  for  all  periods on or after April first, two thousand sixteen,
 the cash portion of the minimum rate of home  care  aide  total  compen-
 sation shall be ten dollars or the minimum wage as laid out in paragraph
 (a)  of  subdivision  one  of section six hundred fifty-two of the labor
 law,  whichever  is  higher.  The benefit portion of the minimum rate of
 home care aide total compensation shall be four dollars and nine cents.
   (b) The minimum rate of home care aide total compensation in the coun-
 ties of Nassau, Suffolk and Westchester shall be:
   (i) for the period March first, two thousand thirteen through February
 twenty-eighth, two  thousand  fourteen,  ninety  percent  of  the  total
 compensation  mandated by the living wage law as set on March first, two
 thousand thirteen of a city with a population of a million or more;
   (ii) for the period March first, two thousand fourteen through  Febru-
 ary  twenty-eighth,  two  thousand  fifteen,  ninety-five percent of the
 total compensation mandated by the living  wage  law  as  set  on  March
 first, two thousand fourteen of a city with a population of a million or
 more;
   (iii) for the period March first, two thousand fifteen, through Febru-
 ary  twenty-eighth,  two  thousand  sixteen,  one hundred percent of the
 total compensation mandated by the living  wage  law  as  set  on  March
 first,  two thousand fifteen of a city with a population of a million or
 more;
   (iv) for all periods on or after March first,  two  thousand  sixteen,
 the  cash  portion  of  the minimum rate of home care aide total compen-
 sation shall be ten dollars or the minimum wage as laid out in paragraph
 (b) of subdivision one of section six hundred  fifty-two  of  the  labor
 law,  whichever  is  higher.  The benefit portion of the minimum rate of
 home care aide total compensation shall be three dollars and  twenty-two
 cents.
   4.  The terms of this section shall apply equally to services provided
 by home care aides who work on episodes of care as direct  employees  of
 certified  home health agencies, long term home health care programs, or
 managed care plans, or as employees of licensed home care services agen-
 cies, limited licensed home care services  agencies,  or  [the  consumer
 directed  personal assistance program under section three hundred sixty-
 five-f of the social services law] FISCAL INTERMEDIARIES, or  under  any
 other arrangement.
   5.  No payments by government agencies shall be made to certified home
 health agencies, LICENSED HOME CARE SERVICES AGENCIES,  long  term  home
 health  care  programs,  managed  care  plans, [or the consumer directed
 personal assistance program under section three hundred sixty-five-f  of
 the  social services law,] FISCAL INTERMEDIARIES for any episode of care
 without the certified home health agency, LICENSED  HOME  CARE  SERVICES
 AGENCY,  long  term  home  health care program, managed care plan or the
 [consumer directed personal  assistance  program]  FISCAL  INTERMEDIARY,
 having delivered prior written certification to the commissioner ANNUAL-
 LY,  AT  A TIME PRESCRIBED BY THE COMMISSIONER, on forms prepared by the
 department in consultation  with  the  department  of  labor,  that  all
 services  provided  under each episode of care DURING THE PERIOD COVERED
 BY THE CERTIFICATION are in full  compliance  with  the  terms  of  this
 section  and  any  regulations  promulgated pursuant to this section AND
 THAT NO PORTION OF THE DOLLARS SPENT OR TO BE SPENT TO SATISFY THE  WAGE
 OR BENEFIT PORTION UNDER THIS SECTION SHALL BE RETURNED TO THE CERTIFIED
 HOME  HEALTH  AGENCY, LICENSED HOME CARE SERVICES AGENCY, LONG TERM HOME
 HEALTH CARE PROGRAM, MANAGED CARE PLAN, OR FISCAL INTERMEDIARY,  RELATED
 PERSONS  OR  ENTITIES, OTHER THAN TO A HOME CARE AIDE AS DEFINED IN THIS

 S. 7506--B                         278                        A. 9506--B
 
 SECTION TO WHOM THE WAGE OR BENEFITS ARE DUE,  AS  A  REFUND,  DIVIDEND,
 PROFIT,  OR  IN  ANY OTHER MANNER. SUCH WRITTEN CERTIFICATION SHALL ALSO
 VERIFY THAT THE CERTIFIED HOME HEALTH AGENCY, LONG TERM HOME HEALTH CARE
 PROGRAM,  OR  MANAGED CARE PLAN HAS RECEIVED FROM THE LICENSED HOME CARE
 SERVICES AGENCY, FISCAL INTERMEDIARY, OR OTHER  THIRD  PARTY  AN  ANNUAL
 STATEMENT  OF  WAGE  PARITY HOURS AND EXPENSES ON A FORM PROVIDED BY THE
 DEPARTMENT OF LABOR ACCOMPANIED BY  AN  INDEPENDENTLY-AUDITED  FINANCIAL
 STATEMENT VERIFYING SUCH EXPENSES.
   6.  If a certified home health agency [or], long term home health care
 program OR MANAGED CARE PLAN elects to provide home care  aide  services
 through  contracts  with  licensed  home  care services agencies, FISCAL
 INTERMEDIARIES, or  through  other  third  parties,  provided  that  the
 episode  of  care on which the home care aide works is covered under the
 terms of this section, the certified home health agency, long term  home
 health care program, or managed care plan [must obtain] SHALL INCLUDE IN
 ITS  CONTRACTS, A REQUIREMENT THAT IT BE PROVIDED WITH a written certif-
 ication, VERIFIED BY OATH, from the licensed home care services  agency,
 FISCAL  INTERMEDIARY,  or  other  third  party, on forms prepared by the
 department in consultation with the department of labor,  which  attests
 to  the  licensed home care services agency's, FISCAL INTERMEDIARY'S, or
 other third party's compliance with the  terms  of  this  section.  Such
 [certifications]  CONTRACTS  shall  also obligate the LICENSED HOME CARE
 SERVICES AGENCY, FISCAL INTERMEDIARY, OR OTHER THIRD  PARTY  TO  PROVIDE
 THE certified home health agency, long term home health care program, or
 managed  care  plan  [to obtain, on no less than a quarterly basis,] all
 information from the licensed home care services agency, fiscal interme-
 diary or other third [parties] PARTY necessary to verify compliance with
 the terms of this section, WHICH  SHALL  INCLUDE  AN  ANNUAL  COMPLIANCE
 STATEMENT  OF  WAGE  PARITY HOURS AND EXPENSES ON A FORM PROVIDED BY THE
 DEPARTMENT OF LABOR ACCOMPANIED BY  AN  INDEPENDENTLY-AUDITED  FINANCIAL
 STATEMENT  VERIFYING  SUCH  EXPENSES.  SUCH  ANNUAL  STATEMENTS SHALL BE
 AVAILABLE NO LESS THAN ANNUALLY FOR THE PREVIOUS  CALENDAR  YEAR,  AT  A
 TIME  AS PRESCRIBED BY THE COMMISSIONER.  Such certifications [and], the
 information [exchanged pursuant to them] NECESSARY TO VERIFY COMPLIANCE,
 AND THE ANNUAL COMPLIANCE STATEMENT AND FINANCIAL  STATEMENTS  shall  be
 retained  by  all  certified home health agencies, long term home health
 care programs, or  managed  care  plans,  and  all  licensed  home  care
 services  agencies,  FISCAL INTERMEDIARIES, or other third parties for a
 period of no less than ten years, and made available to  the  department
 upon  request.   ANY LICENSED HOME CARE SERVICES AGENCY, FISCAL INTERME-
 DIARY, OR OTHER THIRD PARTY WHO SHALL UPON  OATH  VERIFY  ANY  STATEMENT
 REQUIRED  TO  BE  TRANSMITTED  UNDER  THIS  SECTION  AND ANY REGULATIONS
 PROMULGATED PURSUANT TO THIS SECTION WHICH IS KNOWN BY SUCH PARTY TO  BE
 FALSE SHALL BE GUILTY OF PERJURY AND PUNISHABLE AS PROVIDED BY THE PENAL
 LAW.
   6-A.  THE  CERTIFIED  HOME  HEALTH  AGENCY, LONG TERM HOME HEALTH CARE
 PROGRAM, OR MANAGED CARE PLAN SHALL REVIEW AND ASSESS THE ANNUAL COMPLI-
 ANCE STATEMENT OF WAGE PARITY HOURS AND  EXPENSES  AND  MAKE  A  WRITTEN
 REFERRAL  TO  THE DEPARTMENT OF LABOR FOR ANY REASONABLY SUSPECTED FAIL-
 URES OF LICENSED HOME CARE SERVICES AGENCIES, FISCAL INTERMEDIARIES,  OR
 THIRD  PARTIES  TO  CONFORM  TO  THE  WAGE  PARITY  REQUIREMENTS OF THIS
 SECTION.
   7. The commissioner shall distribute  to  all  certified  home  health
 agencies,  long  term  home  health  care  programs, managed care plans,
 LICENSED HOME CARE SERVICES AGENCIES, and fiscal intermediaries [in  the
 consumer  directed  personal  assistance  program  under  section  three

 S. 7506--B                         279                        A. 9506--B

 hundred sixty-five-f of the social services law,] official notice of the
 minimum rates of home care aide compensation at least one hundred twenty
 days prior to the effective date of each minimum rate  for  each  social
 services district covered by the terms of this section.
   7-A.  ANY  CERTIFIED  HOME  HEALTH AGENCY, LICENSED HOME CARE SERVICES
 AGENCY, LONG TERM HOME HEALTH CARE PROGRAM, MANAGED CARE PLAN, OR FISCAL
 INTERMEDIARY, OR OTHER THIRD PARTY THAT WILLFULLY PAYS  LESS  THAN  SUCH
 STIPULATED  MINIMUMS  REGARDING WAGES AND SUPPLEMENTS, AS ESTABLISHED IN
 THIS SECTION, SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL
 BE PUNISHED, FOR A FIRST OFFENSE BY A FINE OF FIVE HUNDRED DOLLARS OR BY
 IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS, OR BY BOTH FINE  AND  IMPRI-
 SONMENT;  FOR A SECOND OFFENSE BY A FINE OF ONE THOUSAND DOLLARS, AND IN
 ADDITION THERETO THE CONTRACT ON WHICH THE VIOLATION HAS OCCURRED  SHALL
 BE  FORFEITED;  AND  NO  SUCH PERSON OR CORPORATION SHALL BE ENTITLED TO
 RECEIVE ANY SUM NOR SHALL ANY OFFICER, AGENT OR EMPLOYEE  OF  THE  STATE
 PAY  THE  SAME  OR AUTHORIZE ITS PAYMENT FROM THE FUNDS UNDER HIS OR HER
 CHARGE OR CONTROL TO ANY PERSON OR CORPORATION FOR WORK  DONE  UPON  ANY
 CONTRACT,  ON WHICH THE CERTIFIED HOME HEALTH AGENCY, LICENSED HOME CARE
 SERVICES AGENCY, LONG TERM HOME HEALTH CARE PROGRAM, MANAGED CARE  PLAN,
 OR  FISCAL  INTERMEDIARY,  OR  OTHER THIRD PARTY HAS BEEN CONVICTED OF A
 SECOND OFFENSE IN VIOLATION OF THE PROVISIONS OF THIS SECTION.
   8. The commissioner is authorized to promulgate regulations,  and  may
 promulgate  emergency  regulations,  to implement the provisions of this
 section.
   9. Nothing in this section should be construed as  applicable  to  any
 service  provided  by certified home health agencies, LICENSED HOME CARE
 SERVICES AGENCIES, long term home health  care  programs,  managed  care
 plans,  or  [consumer directed personal assistance program under section
 three hundred sixty-five-f of the social services law]  FISCAL  INTERME-
 DIARIES  except  for all episodes of care reimbursed in whole or in part
 by the New York Medicaid program.
   10. No certified home health agency, managed care plan, OR  long  term
 home  health  care  program[,  or  fiscal  intermediary  in the consumer
 directed personal assistance program under section three hundred  sixty-
 five-f  of  the  social  services law] shall be liable for recoupment of
 payments OR ANY OTHER PENALTY UNDER THIS SECTION for  services  provided
 through  a  licensed  home care services agency, FISCAL INTERMEDIARY, or
 other third party with which the certified home health agency, long term
 home health care program, or managed care plan has  a  contract  because
 the licensed agency, FISCAL INTERMEDIARY, or other third party failed to
 comply  with the provisions of this section if the certified home health
 agency, long term home health care program, OR managed  care  plan[,  or
 fiscal  intermediary] has reasonably and in good faith collected certif-
 ications and all information required pursuant to [subdivisions five and
 six of] this section AND CONDUCTS THE MONITORING AND REPORTING  REQUIRED
 BY THIS SECTION.
   § 1-a.  Section 3614-c of the public health law is amended by adding a
 new subdivision 5-a to read as follows:
   5-A.  NO  PORTION  OF  THE DOLLARS SPENT OR TO BE SPENT TO SATISFY THE
 WAGE OR BENEFIT PORTION UNDER THIS SECTION  SHALL  BE  RETURNED  TO  THE
 CERTIFIED  HOME  HEALTH AGENCY, LICENSED HOME CARE SERVICES AGENCY, LONG
 TERM HOME HEALTH CARE PROGRAM, MANAGED CARE  PLAN,  OR  FISCAL  INTERME-
 DIARY,  RELATED  PERSONS  OR ENTITIES, OTHER THAN TO A HOME CARE AIDE AS
 DEFINED IN THIS SECTION TO WHOM THE WAGE  OR  BENEFITS  ARE  DUE,  AS  A
 REFUND, DIVIDEND, PROFIT, OR IN ANY OTHER MANNER.

 S. 7506--B                         280                        A. 9506--B
 
   §  2.  Paragraph  (a)  of  subdivision  1  and subdivisions 3 and 4 of
 section 195 of the labor law, as amended by a chapter  of  the  laws  of
 2020, amending the labor law relating to additional information provided
 to  employees on public work contracts, as proposed in legislative bills
 numbers S. 7307 and A. 9000, are amended to read as follows:
   (a)  provide  his  or  her employees, in writing in English and in the
 language identified by each employee as the  primary  language  of  such
 employee,  at  the  time  of  hiring,  a notice containing the following
 information: the rate or rates of pay and basis thereof, whether paid by
 the hour, shift, day, week, salary, piece, commission, or other;  allow-
 ances, if any, claimed as part of the minimum wage, including tip, meal,
 or  lodging  allowances; THE BENEFIT PORTION OF THE MINIMUM RATE OF HOME
 CARE AIDE TOTAL COMPENSATION AS DEFINED IN  SECTION  THIRTY-SIX  HUNDRED
 FOURTEEN-C  OF  THE  PUBLIC  HEALTH  LAW ("HOME CARE AIDE BENEFITS"), IF
 APPLICABLE; prevailing wage supplements, if any, claimed as part of  any
 prevailing wage or similar requirement pursuant to article eight of this
 chapter;  the  regular  pay day designated by the employer in accordance
 with section one hundred ninety-one of this article;  the  name  of  the
 employer;  any "doing business as" names used by the employer; the phys-
 ical address of the employer's main office or principal place  of  busi-
 ness,  and  a  mailing address if different; the telephone number of the
 employer; plus such other information as the commissioner deems material
 and necessary.  Where such prevailing wage supplements are  claimed,  OR
 SUCH  HOME  CARE  AIDE BENEFITS ARE PROVIDED, the notice shall identify,
 for each type of supplement claimed OR EACH TYPE OF HOME CARE AIDE BENE-
 FITS  PROVIDED:  (i) the hourly rate claimed; (ii) the type  of  supple-
 ment  OR TYPE OF HOME CARE AIDE BENEFITS, including when applicable, but
 not limited to, pension or healthcare; (iii) the names and addresses  of
 the  person  or  entity providing such supplement OR SUCH HOME CARE AIDE
 BENEFITS; and (iv) the agreement, if any,  requiring  or  providing  for
 such  supplement OR SUCH HOME CARE AIDE BENEFITS, together with informa-
 tion on how copies of  such  agreements  or  summaries  thereof  may  be
 obtained BY AN EMPLOYEE.  Each time the employer provides such notice to
 an  employee,  the  employer shall obtain from the employee a signed and
 dated written acknowledgement, in English and in the primary language of
 the employee, of receipt  of  this  notice,  which  the  employer  shall
 preserve  and maintain for six years. Such acknowledgement shall include
 an affirmation by the employee that the employee  accurately  identified
 his  or  her  primary  language  to  the  employer,  and that the notice
 provided by the employer to such employee pursuant to  this  subdivision
 was  in  the language so identified or otherwise complied with paragraph
 (c) of this subdivision, and shall conform to  any  additional  require-
 ments  established  by the commissioner with regard to content and form.
 For all employees who are  not  exempt  from  overtime  compensation  as
 established  in  the  commissioner's  minimum  wage  orders or otherwise
 provided by New York state law or regulation, the notice must state  the
 regular hourly rate and overtime rate of pay;
   3. furnish each employee with a statement with every payment of wages,
 listing  the  following:  the  dates  of work covered by that payment of
 wages; name of employee; name of employer; address and phone  number  of
 employer;  rate  or  rates of pay and basis thereof, whether paid by the
 hour, shift, day, week,  salary,  piece,  commission,  or  other;  gross
 wages;  deductions;  allowances,  if any, claimed as part of the minimum
 wage; THE BENEFIT PORTION OF THE MINIMUM RATE OF HOME  CARE  AIDE  TOTAL
 COMPENSATION  AS DEFINED IN SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THE
 PUBLIC HEALTH LAW ("HOME CARE AIDE BENEFITS"), IF APPLICABLE; prevailing

 S. 7506--B                         281                        A. 9506--B
 
 wage supplements, if any, claimed as part  of  any  prevailing  wage  or
 similar  requirement  pursuant to article eight of this chapter; and net
 wages. Where such prevailing wage supplements are claimed, OR SUCH  HOME
 CARE AIDE BENEFITS ARE PROVIDED, the statement shall either: (i) identi-
 fy  the  type  of each supplement claimed, OR THE TYPE OF EACH HOME CARE
 AIDE BENEFITS PROVIDED, and the hourly rate for each; or (ii) be  accom-
 panied  by  a  copy of the applicable notice required under subdivisions
 one and two of this section. For all employees who are not  exempt  from
 overtime  compensation as established in the commissioner's minimum wage
 orders or otherwise provided by New York state law  or  regulation,  the
 statement  shall  include  the  regular hourly rate or rates of pay; the
 overtime rate or rates of pay; the number of regular hours  worked,  and
 the  number  of  overtime  hours  worked. For all employees paid a piece
 rate, the statement shall include the applicable piece rate or rates  of
 pay  and number of pieces completed at each piece rate. Upon the request
 of an employee, an employer shall furnish an explanation in  writing  of
 how such wages were computed;
   4.  establish,  maintain  and  preserve  for  not  less than six years
 contemporaneous, true, and accurate payroll  records  showing  for  each
 week  worked the hours worked; the rate or rates of pay and basis there-
 of, whether paid by the hour, shift, day, week, salary,  piece,  commis-
 sion,  or other; gross wages; deductions; allowances, if any, claimed as
 part of the minimum wage; THE BENEFIT PORTION OF  THE  MINIMUM  RATE  OF
 HOME  CARE  AIDE  TOTAL  COMPENSATION  AS  DEFINED IN SECTION THIRTY-SIX
 HUNDRED FOURTEEN-C OF THE PUBLIC HEALTH LAW ("HOME CARE AIDE BENEFITS"),
 IF APPLICABLE; prevailing wage supplements, if any, claimed as  part  of
 any  prevailing wage or similar requirement pursuant to article eight of
 this chapter; and net wages for each  employee.  Where  such  prevailing
 wage  supplements  are  claimed,  OR  SUCH  HOME  CARE AIDE BENEFITS ARE
 PROVIDED, the payroll  records  shall  include  copies  of  all  notices
 required by subdivisions one and two of this section.  For all employees
 who  are  not  exempt  from  overtime compensation as established in the
 commissioner's minimum wage orders or otherwise  provided  by  New  York
 state  law  or regulation, the payroll records shall include the regular
 hourly rate or rates of pay, the overtime rate  or  rates  of  pay,  the
 number of regular hours worked, and the number of overtime hours worked.
 For  all  employees paid a piece rate, the payroll records shall include
 the applicable piece rate or rates of pay and number of pieces completed
 at each piece rate;
   § 3. This act shall take effect immediately; provided,  however,  that
 sections one and two of this act shall take effect on October  1,  2020,
 provided,  however,  that if a chapter of the laws of 2020, amending the
 labor law relating to additional information provided  to  employees  on
 public  work contracts, as proposed in legislative bills numbers S. 7307
 and A. 9000, shall not have taken effect on or before  such  date,  then
 section  two  of  this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2020 takes  effect;  provided
 further,  however,  that the director of the budget may, in consultation
 with the commissioner of health, delay  the  effective  date  prescribed
 herein for a period of time which shall not exceed ninety days following
 the  conclusion  or termination of an executive order issued pursuant to
 section 28 of the executive law declaring a state disaster emergency for
 the entire state of New York, upon such delay the director of the budget
 shall notify the chairs of the assembly ways  and  means  committee  and
 senate  finance  committee  and  the  chairs  of the assembly and senate
 health committees; provided further, however, that the director  of  the

 S. 7506--B                         282                        A. 9506--B
 
 budget  shall  notify  the legislative bill drafting commission upon the
 occurrence of a delay in the effective date of this act  in  order  that
 the  commission  may maintain an accurate and timely effective data base
 of the official text of the laws of the state of New York in furtherance
 of  effectuating the provisions of section 44 of the legislative law and
 section 70-b of the public officers law.
 
                                  PART PP
 
   Section 1.  The social services law is amended by adding a new section
 364-n to read as follows:
   § 364-N. DIABETES AND CHRONIC DISEASE SELF-MANAGEMENT  PILOT  PROGRAM.
 THE  COMMISSIONER OF HEALTH MAY ESTABLISH A DIABETES AND CHRONIC DISEASE
 SELF-MANAGEMENT PILOT PROGRAM IN ONE OR MORE COUNTIES OR REGIONS OF  THE
 STATE  FOR  THE  PURPOSE  OF IMPROVING CLINICAL OUTCOMES. PAYMENTS UNDER
 SUCH PROGRAM MAY BE MADE FOR EDUCATION, CONSULTATION, AND  PEER  SUPPORT
 SERVICES  FOR  PERSONS WITH CHRONIC HEALTH CONDITIONS, AS DEFINED BY THE
 COMMISSIONER, TO BE ELIGIBLE TO RECEIVE SUCH SERVICES. THE  COMMISSIONER
 IS AUTHORIZED TO ESTABLISH FEES FOR SUCH COUNSELING SERVICES, SUBJECT TO
 THE  APPROVAL  OF  THE  DIRECTOR  OF  THE  DIVISION  OF  THE BUDGET. THE
 PROVISIONS OF THIS SECTION SHALL NOT TAKE EFFECT  UNLESS  ALL  NECESSARY
 APPROVALS UNDER FEDERAL LAW AND REGULATION HAVE BEEN OBTAINED TO RECEIVE
 FEDERAL FINANCIAL PARTICIPATION FOR THE COSTS OF SERVICES PROVIDED UNDER
 THIS SECTION.
   §  2.  Section 367-r of the social services law, as amended by section
 58-a of part A of chapter 57 of the laws of  2006,  subdivision  1-a  as
 amended  by  section 10 of part C of chapter 109 of the laws of 2006, is
 amended to read as follows:
   § 367-r.  Private  duty  nursing  services  worker   recruitment   and
 retention  program. 1. (A) THE COMMISSIONER OF HEALTH, WITH THE APPROVAL
 OF THE DIRECTOR OF THE BUDGET, SHALL ESTABLISH FEES FOR  THE  REIMBURSE-
 MENT OF PRIVATE DUTY NURSING SERVICES.
   (B)  The  commissioner  of  health shall, subject to the provisions of
 PARAGRAPH (B) OF subdivision two of this section and to the availability
 of federal financial participation, increase medical assistance rates of
 payment by three percent for services provided  on  and  after  December
 first,  two  thousand  two,  for  private  duty nursing services for the
 purposes of improving recruitment and retention of private duty nurses.
   [1-a.] 2. Medically fragile children. (A) In addition, the commission-
 er shall further increase rates for private duty nursing  services  that
 are provided to medically fragile children to ensure the availability of
 such  services  to such children. In establishing rates of payment under
 this subdivision, the commissioner shall consider the cost neutrality of
 such rates as related to the cost effectiveness of caring for  medically
 fragile children in a non-institutional setting as compared to an insti-
 tutional  setting. Medically fragile children shall, for the purposes of
 this subdivision, have the same meaning as  in  subdivision  three-a  of
 section  thirty-six  hundred  fourteen  of the public health law.   Such
 increased rates for services rendered to such  children  may  take  into
 consideration  the  elements  of cost, geographical differentials in the
 elements of cost considered, economic factors in the area in  which  the
 private  duty  nursing  service  is  provided, costs associated with the
 provision of private duty nursing services to  medically  fragile  chil-
 dren,  and  the  need  for  incentives to improve services and institute
 economies and such increased  rates  shall  be  payable  only  to  those
 private  duty  nurses  who  can  demonstrate, to the satisfaction of the

 S. 7506--B                         283                        A. 9506--B
 
 department of health, satisfactory training and  experience  to  provide
 services  to  such  children.  Such  increased rates shall be determined
 based on application of the case mix adjustment  factor  for  AIDS  home
 care  program  services rates as determined pursuant to applicable regu-
 lations of the department of health.  The  commissioner  may  promulgate
 regulations to implement the provisions of this subdivision.
   [2.]  (B)  Private  duty  nursing  services providers which have their
 rates adjusted pursuant to PARAGRAPH (B)  OF  SUBDIVISION  ONE  OF  this
 section AND PARAGRAPH (A) OF THIS SUBDIVISION shall use such funds sole-
 ly  for the purposes of recruitment and retention of private duty nurses
 or to ensure the delivery of private duty nursing services to  medically
 fragile  children and are prohibited from using such funds for any other
 purpose. Funds provided under PARAGRAPH (B) OF SUBDIVISION ONE  OF  this
 section  AND  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  are not intended to
 supplant support provided by a local  government.  Each  such  provider,
 with  the  exception of self-employed private duty nurses, shall submit,
 at a time and in a manner  to  be  determined  by  the  commissioner  of
 health,  a  written certification attesting that such funds will be used
 solely for the purpose of recruitment  and  retention  of  private  duty
 nurses  or  to  ensure  the delivery of private duty nursing services to
 medically fragile children. The commissioner of health is authorized  to
 audit  each  such provider to ensure compliance with the written certif-
 ication required by this subdivision and shall recoup all  funds  deter-
 mined  to  have  been  used  for  purposes  other  than  recruitment and
 retention of private duty nurses or the delivery of private duty nursing
 services to medically fragile children.  Such  recoupment  shall  be  in
 addition to any other penalties provided by law.
   (C)  THE  COMMISSIONER  OF  HEALTH SHALL, SUBJECT TO THE PROVISIONS OF
 PARAGRAPH (B) OF THIS SUBDIVISION, AND  THE  PROVISIONS  OF  SUBDIVISION
 THREE OF THIS SECTION, AND SUBJECT TO THE AVAILABILITY OF FEDERAL FINAN-
 CIAL  PARTICIPATION,  ANNUALLY  INCREASE  FEES  FOR  THE FEE-FOR-SERVICE
 REIMBURSEMENT OF PRIVATE DUTY NURSING  SERVICES  PROVIDED  TO  MEDICALLY
 FRAGILE  CHILDREN  BY  FEE-FOR-SERVICE  PRIVATE  DUTY  NURSING  SERVICES
 PROVIDERS WHO ENROLL AND PARTICIPATE IN THE PROVIDER DIRECTORY  PURSUANT
 TO  SUBDIVISION  THREE  OF  THIS  SECTION, OVER A PERIOD OF THREE YEARS,
 COMMENCING OCTOBER FIRST,  TWO  THOUSAND  TWENTY,  BY  ONE-THIRD  ANNUAL
 INCREMENTS,  UNTIL SUCH FEES FOR REIMBURSEMENT EQUAL THE FINAL BENCHMARK
 PAYMENT DESIGNED TO ENSURE ADEQUATE ACCESS TO THE SERVICE. IN DEVELOPING
 SUCH BENCHMARK THE COMMISSIONER OF HEALTH MAY UTILIZE  THE  AVERAGE  TWO
 THOUSAND  EIGHTEEN  MEDICAID  MANAGED CARE PAYMENTS FOR REIMBURSEMENT OF
 SUCH PRIVATE DUTY NURSING SERVICES.   THE  COMMISSIONER  MAY  PROMULGATE
 REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
   3.    PROVIDER  DIRECTORY  FOR  FEE-FOR-SERVICE  PRIVATE  DUTY NURSING
 SERVICES PROVIDED TO MEDICALLY FRAGILE  CHILDREN.  THE  COMMISSIONER  OF
 HEALTH IS AUTHORIZED TO ESTABLISH A DIRECTORY OF QUALIFIED PROVIDERS FOR
 THE  PURPOSE OF PROMOTING THE AVAILABILITY AND ENSURING DELIVERY OF FEE-
 FOR-SERVICE PRIVATE DUTY NURSING SERVICES TO MEDICALLY FRAGILE  CHILDREN
 AND  INDIVIDUALS  TRANSITIONING OUT OF SUCH CATEGORY OF CARE.  QUALIFIED
 PROVIDERS ENROLLING IN THE DIRECTORY SHALL ENSURE THE  AVAILABILITY  AND
 DELIVERY  OF AND SHALL PROVIDE SUCH SERVICES TO THOSE INDIVIDUALS AS ARE
 IN NEED OF SUCH SERVICES, AND SHALL RECEIVE INCREASED REIMBURSEMENT  FOR
 SUCH  SERVICES  PURSUANT  TO  PARAGRAPH  (C)  OF SUBDIVISION TWO OF THIS
 SECTION.  THE DIRECTORY SHALL OFFER ENROLLMENT TO ALL PRIVATE DUTY NURS-
 ING SERVICES PROVIDERS TO PROMOTE AND ENSURE THE  PARTICIPATION  IN  THE
 DIRECTORY OF ALL NURSING SERVICES PROVIDERS AVAILABLE TO SERVE MEDICALLY
 FRAGILE CHILDREN.

 S. 7506--B                         284                        A. 9506--B
 
   §  3.  Paragraph  (h)  of subdivision 2 of section 365-a of the social
 services law, as amended by section 5 of part A of  chapter  57  of  the
 laws of 2018, is amended to read as follows:
   (h)  speech therapy, and when provided at the direction of a physician
 or nurse practitioner, physical therapy including related rehabilitative
 services and occupational therapy; [provided, however, that speech ther-
 apy and occupational therapy each shall be limited to coverage of twenty
 visits per year; physical therapy shall be limited to coverage of  forty
 visits  per year; such limitation shall not apply to persons with devel-
 opmental disabilities or, notwithstanding any other provision of law  to
 the contrary, to persons with traumatic brain injury;]
   §  4.  Paragraph  (b)  of subdivision 4 of section 365-a of the social
 services law, as amended by chapter 444 of the laws of 1979, is  amended
 to read as follows:
   (b)  care  and  services  of chiropractors and supplies related to the
 practice of chiropractic, EXCEPT AS PROVIDED  FOR  BY  THE  COMMISSIONER
 PURSUANT TO A PILOT PROGRAM APPROVED UNDER FEDERAL LAW AND REGULATION;
   §  5.  The  commissioner  of  health  is authorized to establish pilot
 programs in one or more counties or regions of the state for the purpose
 of promoting the use of alternatives to opioid treatment for individuals
 suffering from chronic lower back pain by offering access to  nonpharma-
 cologic  treatments  such as acupuncture and chiropractic services. Such
 access may be provided in select areas that have the  highest  need  for
 such  services  and  for  select  populations.    The provisions of this
 section shall not take  effect  unless  all  necessary  approvals  under
 federal  law and regulation have been obtained to receive federal finan-
 cial participation in the costs of services provided under this section.
   § 6. Subdivision 2 of section 365-a of  the  social  services  law  is
 amended by adding a new paragraph (hh) to read as follows:
   (HH)  THE COMMISSIONER IS AUTHORIZED TO ESTABLISH ONE OR MORE MATERNAL
 HEALTH PROMOTION PILOT PROGRAMS IN ONE OR MORE COUNTIES  OR  REGIONS  OF
 THE  STATE,  FOR  THE PURPOSE OF PROVIDING MEDICAID REIMBURSEMENT OF THE
 PRENATAL MATERNAL  CHILDBIRTH  EDUCATION  AND  PREPARATION  CLASSES  FOR
 ENROLLEES,  AND TRANSPORTATION TO AND FROM SUCH CLASSES, FOR THE PURPOSE
 OF IMPROVING MATERNAL OUTCOMES AND REDUCING  MATERNAL-INFANT  MORTALITY.
 THE  COMMISSIONER  IS AUTHORIZED TO ESTABLISH FEES FOR THE REIMBURSEMENT
 OF SUCH CLASSES, SUBJECT TO THE APPROVAL OF THE STATE  DIRECTOR  OF  THE
 BUDGET.
   §  7.  This  act shall take effect October 1, 2020. Provided, however,
 that:
   1. the director of the budget may, in consultation  with  the  commis-
 sioner of health, delay the effective date prescribed herein for a peri-
 od  of  time which shall not exceed ninety days following the conclusion
 or termination of an executive order issued pursuant to  section  28  of
 article  2-B  of  the executive law declaring a state disaster emergency
 for the entire state of New York, upon such delay the  director  of  the
 budget  shall notify the chairs of the assembly ways and means committee
 and senate finance committee and the chairs of the assembly  and  senate
 health  committee;  provided  further, however, that the director of the
 budget shall notify the legislative bill drafting  commission  upon  any
 delay  of  such effective date in order that the commission may maintain
 an accurate and timely effective data base of the official text  of  the
 laws  of  the  state  of  New  York  in  furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law; and

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   2.  provided  that the division of budget shall notify the legislative
 bill drafting commission upon the occurrence of the necessary  approvals
 under federal law and regulation provided for in section one of this act
 in  order that the commission may maintain an accurate and timely effec-
 tive data base of the official text of the laws of the state of New York
 in  furtherance  of  effectuating  the  provisions  of section 44 of the
 legislative law and section 70-b of the public officers law.
 
                                  PART QQ
 
   Section 1. Subdivision 4 of section 145-b of the social services  law,
 as amended by section 51 of part C of chapter 58 of the laws of 2007, is
 amended to read as follows:
   4.  (a)  The  MEDICAID  INSPECTOR  GENERAL,  IN  CONSULTATION WITH THE
 department of health, may require the payment of a monetary  penalty  as
 restitution to the medical assistance program by any person who fails to
 comply  with  the  standards  of  the medical assistance program or [of]
 STANDARDS OF generally accepted medical practice in a substantial number
 of cases or grossly and flagrantly violated such standards and:
   (I) receives, or causes to be received by another person, payment from
 the medical assistance program when such person knew, or had  reason  to
 know, that:
   [(i)]  (A)  the  payment  involved  the providing or ordering of care,
 services or supplies that were medically  improper,  unnecessary  or  in
 excess  of  the documented medical needs of the person to whom they were
 furnished;
   [(ii)] (B) the  care,  services  or  supplies  were  not  provided  as
 claimed;
   [(iii)]  (C) the person who ordered [or], prescribed, OR FURNISHED THE
 care, services or supplies which [was] WERE medically improper, unneces-
 sary or in excess of the documented medical need of the person  to  whom
 they  were  furnished was suspended or excluded from the medical assist-
 ance program at the time the care, services or supplies were  furnished;
 or
   [(iv)]  (D)  the  services  or supplies for which payment was received
 were not, in fact, provided; OR
   (II) SUCH PERSON FAILS  TO  GRANT  TIMELY  ACCESS  TO  FACILITIES  AND
 RECORDS,  UPON REASONABLE NOTICE, TO THE MEDICAID INSPECTOR GENERAL, THE
 MEDICAID FRAUD CONTROL UNIT OF THE ATTORNEY  GENERAL'S  OFFICE,  OR  THE
 DEPARTMENT OF HEALTH FOR THE PURPOSE OF AUDITS, INVESTIGATIONS, REVIEWS,
 OR  OTHER  STATUTORY  FUNCTIONS.    FOR  PURPOSES  OF THIS SUBPARAGRAPH,
 "REASONABLE NOTICE" MEANS A WRITTEN REQUEST MADE BY A  PROPERLY  IDENTI-
 FIED AGENT OF THE MEDICAID INSPECTOR GENERAL, THE MEDICAID FRAUD CONTROL
 UNIT  OF  THE  ATTORNEY  GENERAL'S  OFFICE,  OR THE DEPARTMENT OF HEALTH
 EITHER, DURING HOURS THAT THE INDIVIDUAL OR ENTITY IS OPEN FOR BUSINESS,
 OR MAILED TO THE INDIVIDUAL OR ENTITY TO AN ADDRESS  ON  FILE  WITH  THE
 DEPARTMENT  OF HEALTH OR LAST KNOWN ADDRESS. THE REQUEST SHALL INCLUDE A
 STATEMENT OF THE AUTHORITY FOR THE REQUEST, THE DEFINITION  OF  "REASON-
 ABLE NOTICE", AND THE PENALTIES FOR FAILURE TO COMPLY;
   (III)  SUCH  PERSON  KNEW OR SHOULD HAVE KNOWN THAT AN OVERPAYMENT HAS
 BEEN IDENTIFIED AND DOES NOT REPORT, RETURN AND EXPLAIN THE  OVERPAYMENT
 IN   ACCORDANCE   WITH   SUBDIVISION   SIX   OF  SECTION  THREE  HUNDRED
 SIXTY-THREE-D OF THIS ARTICLE;
   (IV) SUCH PERSON ARRANGES OR CONTRACTS, BY EMPLOYMENT,  AGREEMENT,  OR
 OTHERWISE,  WITH AN INDIVIDUAL OR ENTITY THAT THE PERSON KNOWS OR SHOULD
 KNOW IS SUSPENDED OR EXCLUDED FROM THE MEDICAL ASSISTANCE PROGRAM AT THE

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 TIME SUCH ARRANGEMENT OR CONTRACT REGARDING ACTIVITIES  RELATED  TO  THE
 MEDICAL ASSISTANCE PROGRAM IS MADE.
   (V)  FOR  PURPOSES OF THIS PARAGRAPH, "PERSON" AS USED IN SUBPARAGRAPH
 (I) DOES NOT INCLUDE RECIPIENTS OF THE MEDICAL ASSISTANCE  PROGRAM;  AND
 "PERSON"  AS  USED IN SUBPARAGRAPHS (II) -- (IV), IS AS DEFINED IN PARA-
 GRAPH (E) OF SUBDIVISION (6) OF SECTION THREE HUNDRED  SIXTY-THREE-D  OF
 THIS CHAPTER.
   (b) [For each claim, the department of health is authorized to recover
 any   overpayment,  unauthorized  payment,  or  otherwise  inappropriate
 payment and if twenty-five percent or more of those  claims  which  were
 the  subject  of an audit by the department of health result in overpay-
 ments, unauthorized payments or otherwise inappropriate payments and for
 which the claims were submitted  by  a  person  for  payment  under  the
 medical  assistance  program,  the department may also impose a monetary
 penalty against any person, or persons, who  received  the  overpayment,
 unauthorized payment, or otherwise inappropriate payment for such claim.
 If less than twenty-five percent of identified claims result in overpay-
 ments,  unauthorized  payments  or otherwise inappropriate payments then
 the department of health may recover such monies or may impose  a  mone-
 tary  penalty,  but  not  both. In addition, the department of health is
 also authorized to recover any  overpayment,  unauthorized  payment,  or
 otherwise  inappropriate  payment  and impose a monetary penalty against
 any person, or persons, other than a recipient of  an  item  or  service
 under  the medical assistance program, who caused the overpayment, unau-
 thorized payment, or otherwise inappropriate payment to be  received  by
 the  other  person or persons. All of the foregoing actions may be taken
 by the department of health for the  same  claim.]  In  determining  the
 amount  of  any  monetary  penalty to be imposed, the MEDICAID INSPECTOR
 GENERAL, IN CONSULTATION WITH THE department  of  health  [must],  SHALL
 take into consideration the following:
   (i)  the  number  and  total  value of the claims for payment from the
 medical assistance program which were the underlying basis of the deter-
 mination to impose a monetary penalty;
   (ii) the effect, if any, on the quality of medical  care  provided  to
 recipients of medical assistance as a result of the acts of the person;
   (iii)  the  degree  of  culpability  of  the  person in committing the
 proscribed actions and any mitigating circumstances;
   (iv) any prior violations committed by  the  person  relating  to  the
 medical  assistance  program, Medicare or other social services programs
 which resulted in either a criminal or administrative sanction, penalty,
 or recoupment; and
   (v) any other facts relating to the  nature  and  seriousness  of  the
 violations  including  any  exculpatory facts. [However, in no event can
 the department of health recover overpayments, unauthorized payments, or
 otherwise inappropriate payments from any  person,  or  persons,  for  a
 single  claim, in an amount that exceeds the amount paid for such claim.
 In]
   (C) (I) FOR SUBPARAGRAPHS (I), (III), AND (IV)  OF  PARAGRAPH  (A)  OF
 THIS  SUBDIVISION, IN no event shall the monetary penalty imposed exceed
 ten thousand dollars for each item or service which was the  subject  of
 the determination herein, except that where a penalty under this section
 has been imposed on a person within the previous five years, such penal-
 ty  shall  not  exceed  thirty thousand dollars for each item or service
 which was the subject of the determination herein.

 S. 7506--B                         287                        A. 9506--B
 
   [(c)] (II) FOR SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION,
 IN NO EVENT SHALL THE MONETARY PENALTY EXCEED FIFTEEN  THOUSAND  DOLLARS
 FOR EACH DAY OF THE FAILURE DESCRIBED IN SUCH SUBPARAGRAPH.
   (D)  Amounts  collected  pursuant  to this subdivision shall be appor-
 tioned between the local social  services  district  and  the  state  in
 accordance with the regulations of the department of health.
   (E)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  "GROSS  AND  FLAGRANT
 VIOLATION" SHALL MEAN CONDUCT WHICH HAS AN ADVERSE EFFECT ON THE  FISCAL
 INTEGRITY OF THE MEDICAL ASSISTANCE PROGRAM AND:
   (I)  WHICH  SUBSTANTIALLY IMPAIRS THE DELIVERY OF HIGH QUALITY MEDICAL
 CARE, SERVICES, OR SUPPLIES; OR
   (II) WHICH SUBSTANTIALLY IMPAIRS THE OVERSIGHT AND  ADMINISTRATION  OF
 THE PROGRAM.
   (F)  A  PERSON  AGAINST WHOM A MONETARY PENALTY IS IMPOSED PURSUANT TO
 THIS SUBDIVISION SHALL BE ENTITLED TO NOTICE AND AN  OPPORTUNITY  TO  BE
 HEARD,  INCLUDING  THE  RIGHT  TO  REQUEST A HEARING PURSUANT TO SECTION
 TWENTY-TWO OF THIS CHAPTER.
   § 2. Subdivision 2 of section 363-d of the  social  services  law,  as
 added by chapter 442 of the laws of 2006, is amended to read as follows:
   2.  Every  provider  of  medical assistance program items and services
 that is subject to subdivision four of  this  section  shall  adopt  and
 implement a compliance program. The office of Medicaid inspector general
 shall  create  and  make  available on its website guidelines, which may
 include a model compliance program, that  reflect  the  requirements  of
 this  section.   Such [program shall at a minimum be applicable to bill-
 ings to and payments from the medical assistance program but need not be
 confined to such matters] COMPLIANCE PROGRAMS SHALL  MEET  THE  REQUIRE-
 MENTS  INCLUDED  IN  THIS SUBDIVISION AS A CONDITION OF PAYMENT FROM THE
 MEDICAL ASSISTANCE PROGRAM.  The compliance program required pursuant to
 this section may be a component of more comprehensive compliance  activ-
 ities  by the medical assistance provider so long as the requirements of
 this section are met. [A compliance program shall include the  following
 elements:
   (a)  written policies and procedures that describe compliance expecta-
 tions as embodied in a code of conduct or code of ethics, implement  the
 operation  of  the compliance program, provide guidance to employees and
 others on dealing with potential  compliance  issues,  identify  how  to
 communicate  compliance  issues  to appropriate compliance personnel and
 describe  how  potential  compliance  problems  are   investigated   and
 resolved;
   (b)  designate  an employee vested with responsibility for the day-to-
 day operation of the compliance  program;  such  employee's  duties  may
 solely relate to compliance or may be combined with other duties so long
 as  compliance  responsibilities  are  satisfactorily  carried out; such
 employee shall report directly to the entity's chief executive or  other
 senior  administrator  and  shall  periodically  report  directly to the
 governing body on the activities of the compliance program;
   (c) training and education of all affected employees and persons asso-
 ciated with  the  provider,  including  executives  and  governing  body
 members,  on  compliance issues, expectations and the compliance program
 operation; such training shall occur periodically and shall  be  made  a
 part  of  the  orientation  for  a new employee, appointee or associate,
 executive and governing body member;
   (d) communication lines to the  responsible  compliance  position,  as
 described  in  paragraph (b) of this subdivision, that are accessible to
 all employees, persons associated  with  the  provider,  executives  and

 S. 7506--B                         288                        A. 9506--B

 governing  body members, to allow compliance issues to be reported; such
 communication lines shall include a method for anonymous  and  confiden-
 tial  good  faith  reporting  of potential compliance issues as they are
 identified;
   (e) disciplinary policies to encourage good faith participation in the
 compliance  program by all affected individuals, including policies that
 articulate expectations for reporting compliance issues  and  assist  in
 their  resolution  and  outline  sanctions  for:  (1)  failing to report
 suspected problems; (2) participating in non-compliant behavior; or  (3)
 encouraging,  directing, facilitating or permitting non-compliant behav-
 ior; such disciplinary policies shall be fairly and firmly enforced;
   (f) a system for  routine  identification  of  compliance  risk  areas
 specific  to  the provider type, for self-evaluation of such risk areas,
 including internal audits and as appropriate external  audits,  and  for
 evaluation  of  potential  or  actual non-compliance as a result of such
 self-evaluations and audits;
   (g) a system for responding to compliance issues as they  are  raised;
 for  investigating  potential compliance problems; responding to compli-
 ance problems as  identified  in  the  course  of  self-evaluations  and
 audits;  correcting such problems promptly and thoroughly and implement-
 ing procedures, policies and systems as necessary to reduce  the  poten-
 tial  for recurrence; identifying and reporting compliance issues to the
 department or the office of Medicaid inspector  general;  and  refunding
 overpayments;
   (h)  a  policy  of non-intimidation and non-retaliation for good faith
 participation in the compliance program, including but  not  limited  to
 reporting  potential  issues,  investigating  issues,  self-evaluations,
 audits and remedial actions, and reporting to appropriate  officials  as
 provided  in sections seven hundred forty and seven hundred forty-one of
 the labor law.] EVERY PROVIDER SHALL ADOPT AND  IMPLEMENT  AN  EFFECTIVE
 COMPLIANCE  PROGRAM,  WHICH SHALL INCLUDE MEASURES THAT PREVENT, DETECT,
 AND CORRECT NON-COMPLIANCE WITH MEDICAL ASSISTANCE PROGRAM  REQUIREMENTS
 AS  WELL AS MEASURES THAT PREVENT, DETECT, AND CORRECT FRAUD, WASTE, AND
 ABUSE. THE COMPLIANCE PROGRAM SHALL INCLUDE THE FOLLOWING REQUIREMENTS:
   (A) WRITTEN POLICIES, PROCEDURES, AND STANDARDS OF CONDUCT THAT:
   (1) ARTICULATE THE ORGANIZATION'S COMMITMENT TO COMPLY WITH ALL APPLI-
 CABLE FEDERAL AND STATE STANDARDS;
   (2) DESCRIBE COMPLIANCE EXPECTATIONS AS EMBODIED IN THE  STANDARDS  OF
 CONDUCT;
   (3) IMPLEMENT THE OPERATION OF THE COMPLIANCE PROGRAM;
   (4) PROVIDE GUIDANCE TO EMPLOYEES AND OTHERS ON DEALING WITH POTENTIAL
 COMPLIANCE ISSUES;
   (5)  IDENTIFY  HOW  TO  COMMUNICATE  COMPLIANCE  ISSUES TO APPROPRIATE
 COMPLIANCE PERSONNEL;
   (6) DESCRIBE HOW POTENTIAL  COMPLIANCE  ISSUES  ARE  INVESTIGATED  AND
 RESOLVED BY THE ORGANIZATION;
   (7)  INCLUDE A POLICY OF NON-INTIMIDATION AND NON-RETALIATION FOR GOOD
 FAITH PARTICIPATION IN THE COMPLIANCE PROGRAM, INCLUDING BUT NOT LIMITED
 TO REPORTING POTENTIAL ISSUES, INVESTIGATING ISSUES, CONDUCTING  SELF-E-
 VALUATIONS,  AUDITS  AND  REMEDIAL ACTIONS, AND REPORTING TO APPROPRIATE
 OFFICIALS; AND
   (8) ALL REQUIREMENTS LISTED UNDER 42 U.S.C.1396-A(A)(68).
   (B) DESIGNATION OF A COMPLIANCE OFFICER AND A COMPLIANCE COMMITTEE WHO
 REPORT DIRECTLY AND ARE ACCOUNTABLE TO THE ORGANIZATION'S  CHIEF  EXECU-
 TIVE OR OTHER SENIOR MANAGEMENT.

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   (C)(1)  EACH PROVIDER SHALL ESTABLISH AND IMPLEMENT EFFECTIVE TRAINING
 AND EDUCATION FOR ITS COMPLIANCE OFFICER AND ORGANIZATION EMPLOYEES, THE
 CHIEF EXECUTIVE AND OTHER SENIOR ADMINISTRATORS, MANAGERS AND  GOVERNING
 BODY MEMBERS.
   (2)  SUCH TRAINING AND EDUCATION SHALL OCCUR AT A MINIMUM ANNUALLY AND
 SHALL BE MADE A PART OF THE ORIENTATION  FOR  A  NEW  EMPLOYEE  AND  NEW
 APPOINTMENT OF A CHIEF EXECUTIVE, MANAGER, OR GOVERNING BODY MEMBER.
   (D)  ESTABLISHMENT  AND  IMPLEMENTATION OF EFFECTIVE LINES OF COMMUNI-
 CATION,  ENSURING  CONFIDENTIALITY,  BETWEEN  THE  COMPLIANCE   OFFICER,
 MEMBERS  OF  THE  COMPLIANCE  COMMITTEE,  THE  ORGANIZATION'S EMPLOYEES,
 MANAGERS AND GOVERNING BODY, AND THE  ORGANIZATIONS  FIRST  TIER,  DOWN-
 STREAM,  AND  RELATED  ENTITIES.    SUCH LINES OF COMMUNICATION SHALL BE
 ACCESSIBLE TO ALL AND ALLOW COMPLIANCE ISSUES TO BE REPORTED INCLUDING A
 METHOD FOR ANONYMOUS AND CONFIDENTIAL GOOD FAITH REPORTING OF  POTENTIAL
 COMPLIANCE ISSUES AS THEY ARE IDENTIFIED.
   (E)  WELL-PUBLICIZED DISCIPLINARY STANDARDS THROUGH THE IMPLEMENTATION
 OF PROCEDURES WHICH ENCOURAGE GOOD FAITH PARTICIPATION IN THE COMPLIANCE
 PROGRAM BY ALL AFFECTED INDIVIDUALS.
   (F) ESTABLISHMENT  AND  IMPLEMENTATION  OF  AN  EFFECTIVE  SYSTEM  FOR
 ROUTINE  MONITORING  AND  IDENTIFICATION OF COMPLIANCE RISKS. THE SYSTEM
 SHOULD INCLUDE INTERNAL  MONITORING  AND  AUDITS  AND,  AS  APPROPRIATE,
 EXTERNAL  AUDITS,  TO  EVALUATE  THE  ORGANIZATION'S COMPLIANCE WITH THE
 MEDICAL ASSISTANCE PROGRAM REQUIREMENTS AND THE OVERALL EFFECTIVENESS OF
 THE COMPLIANCE PROGRAM.
   (G) ESTABLISHMENT AND IMPLEMENTATION OF PROCEDURES AND  A  SYSTEM  FOR
 PROMPTLY RESPONDING TO COMPLIANCE ISSUES AS THEY ARE RAISED, INVESTIGAT-
 ING POTENTIAL COMPLIANCE PROBLEMS AS IDENTIFIED IN THE COURSE OF SELF-E-
 VALUATIONS  AND AUDITS, CORRECTING SUCH PROBLEMS PROMPTLY AND THOROUGHLY
 TO REDUCE THE POTENTIAL FOR RECURRENCE, AND  ENSURE  ONGOING  COMPLIANCE
 WITH THE MEDICAL ASSISTANCE PROGRAMS REQUIREMENTS.
   §  3.  Subdivision  3  of  section 363-d of the social services law is
 amended by adding two new paragraphs (d) and (e) to read as follows:
   (D)(1) IN THE FIRST  INSTANCE  OF  THE  MEDICAID  INSPECTOR  GENERAL'S
 DETERMINATION  THAT  THE  PROVIDER,  INCLUDING  A  MEDICAID MANAGED CARE
 PROVIDER, THAT HAS FAILED TO ADOPT AND IMPLEMENT  A  COMPLIANCE  PROGRAM
 WHICH  SATISFACTORILY  MEETS THE REQUIREMENTS OF THIS SECTION, THE MEDI-
 CAID INSPECTOR GENERAL MAY IMPOSE A MONETARY PENALTY  OF  FIVE  THOUSAND
 DOLLARS  PER  CALENDAR  MONTH,  FOR  A MAXIMUM OF TWELVE CALENDAR MONTHS
 AGAINST A PROVIDER, INCLUDING MEDICAID MANAGED CARE PROVIDERS.
   (2) THE MEDICAID INSPECTOR GENERAL MAY IMPOSE A MONETARY PENALTY OF UP
 TO TEN THOUSAND DOLLARS PER CALENDAR MONTH,  FOR  A  MAXIMUM  OF  TWELVE
 CALENDAR  MONTHS  AGAINST  A PROVIDER, INCLUDING A MEDICAID MANAGED CARE
 PROVIDER, THAT HAS FAILED TO ADOPT AND IMPLEMENT  A  COMPLIANCE  PROGRAM
 WHICH SATISFACTORILY MEETS THE REQUIREMENTS OF THIS SECTION, IF A PENAL-
 TY WAS PREVIOUSLY IMPOSED UNDER SUBPARAGRAPH ONE OF THIS PARAGRAPH WITH-
 IN THE PREVIOUS FIVE YEARS.
   (E)  A  PROVIDER,  INCLUDING A MEDICAID MANAGED CARE PROVIDER, AGAINST
 WHOM A MONETARY PENALTY IS IMPOSED PURSUANT TO  PARAGRAPH  (D)  OF  THIS
 SUBDIVISION  SHALL BE ENTITLED TO NOTICE AND AN OPPORTUNITY TO BE HEARD,
 INCLUDING THE RIGHT TO REQUEST A HEARING PURSUANT TO SECTION  TWENTY-TWO
 OF THIS CHAPTER.
   §  4.  Subdivision  4  of section 363-d of the social services law, as
 added by chapter 442 of the laws of 2006, is amended to read as follows:
   4. [The Medicaid inspector general, in consultation with  the  depart-
 ment  of health, shall promulgate regulations establishing those provid-

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 ers] PROVIDERS that shall be subject to the provisions of  this  section
 [including] INCLUDE, but ARE not limited to[,] :
   (A) those subject to the provisions of articles twenty-eight and thir-
 ty-six of the public health law[,];
   (B) THOSE SUBJECT TO THE PROVISIONS OF articles sixteen and thirty-one
 of the mental hygiene law[,];
   (C) NOTWITHSTANDING THE PROVISIONS OF SECTION FORTY-FOUR HUNDRED FOUR-
 TEEN  OF  THE  PUBLIC  HEALTH LAW, MANAGED CARE PROVIDERS, AS DEFINED IN
 SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE  AND  INCLUDES  MANAGED
 LONG-TERM CARE PLANS; and
   (D)  other  providers of care, services and supplies under the medical
 assistance program  for  which  the  medical  assistance  program  is  a
 substantial portion of their business operations.
   §  5.  Section  363-d  of the social services law is amended by adding
 three new subdivisions 5, 6 and 7 to read as follows:
   5. (A) THE  MEDICAID  INSPECTOR  GENERAL,  IN  CONSULTATION  WITH  THE
 DEPARTMENT  OF  HEALTH,  SHALL  PROMULGATE  ANY REGULATIONS NECESSARY TO
 IMPLEMENT THIS SECTION.
   (B) THE MEDICAID INSPECTOR GENERAL SHALL ACCEPT PROGRAMS AND PROCESSES
 IMPLEMENTED PURSUANT TO  SECTION  FORTY-FOUR  HUNDRED  FOURTEEN  OF  THE
 PUBLIC  HEALTH LAW AS SATISFYING THE OBLIGATIONS OF THIS SECTION AND THE
 REGULATIONS PROMULGATED THEREUNDER  WHEN  SUCH  PROGRAMS  AND  PROCESSES
 INCORPORATE THE OBJECTIVES CONTEMPLATED BY THIS SECTION.
   6.  (A)  IF  A  PERSON  HAS  RECEIVED AN OVERPAYMENT UNDER THE MEDICAL
 ASSISTANCE PROGRAM, THE PERSON SHALL:
   (1) REPORT AND RETURN THE OVERPAYMENT TO THE DEPARTMENT; AND
   (2) NOTIFY THE MEDICAID INSPECTOR GENERAL IN WRITING OF THE REASON FOR
 THE OVERPAYMENT.
   (B) AN OVERPAYMENT SHALL BE REPORTED AND RETURNED UNDER PARAGRAPH  (A)
 OF  THIS  SUBDIVISION  BY THE LATER OF: (1) THE DATE WHICH IS SIXTY DAYS
 AFTER THE DATE ON WHICH THE OVERPAYMENT WAS IDENTIFIED; OR (2) THE  DATE
 ANY  CORRESPONDING COST REPORT IS DUE, IF APPLICABLE. A PERSON HAS IDEN-
 TIFIED AN OVERPAYMENT WHEN THE PERSON HAS OR  SHOULD  HAVE  THROUGH  THE
 EXERCISE  OF  REASONABLE  DILIGENCE,  DETERMINED  THAT  THE  PERSON  HAS
 RECEIVED AN OVERPAYMENT AND QUANTIFIED THE AMOUNT OF THE OVERPAYMENT.  A
 PERSON  SHOULD  HAVE  DETERMINED THAT THE PERSON RECEIVED AN OVERPAYMENT
 AND QUANTIFIED THE AMOUNT OF THE OVERPAYMENT  IF  THE  PERSON  FAILS  TO
 EXERCISE  REASONABLE  DILIGENCE AND THE PERSON IN FACT RECEIVED AN OVER-
 PAYMENT.
   (C) THE DEADLINE FOR RETURNING OVERPAYMENTS SHALL BE TOLLED  WHEN  THE
 FOLLOWING OCCURS:
   (1)   THE   MEDICAID  INSPECTOR  GENERAL  ACKNOWLEDGES  RECEIPT  OF  A
 SUBMISSION TO THE MEDICAID INSPECTOR GENERAL'S  SELF-DISCLOSURE  PROGRAM
 UNDER  SUBDIVISION  SEVEN OF THIS SECTION, AND SHALL REMAIN TOLLED UNTIL
 SUCH TIME AS A SELF-DISCLOSURE AND  COMPLIANCE  AGREEMENT,  PURSUANT  TO
 SUBDIVISION  SEVEN  OF  THIS SECTION IS FULLY EXECUTED, THE PERSON WITH-
 DRAWS FROM THE SELF-DISCLOSURE PROGRAM, THE PERSON REPAYS  THE  OVERPAY-
 MENT  AND  ANY INTEREST DUE, OR THE PERSON IS REMOVED FROM THE SELF-DIS-
 CLOSURE PROGRAM BY THE MEDICAID INSPECTOR GENERAL; OR
   (2) IN THE ABSENCE OF A FINDING OF FRAUD A PERSON MAY REPAY  AN  OVER-
 PAYMENT  THROUGH  INSTALLMENT PAYMENTS AS DESCRIBED IN SUBDIVISION SEVEN
 OF THIS SECTION AND SHALL REMAIN TOLLED UNTIL SUCH TIME AS THE  PROVIDER
 REPAYS  THE  OVERPAYMENT  AND  ANY  INTEREST DUE, THE MEDICAID INSPECTOR
 GENERAL REJECTS  THE  INSTALLMENT  PAYMENT  SCHEDULE  REQUESTED  BY  THE
 PROVIDER, OR THE PROVIDER FAILS TO COMPLY WITH THE TERMS OF THE INSTALL-
 MENT PAYMENT SCHEDULE.

 S. 7506--B                         291                        A. 9506--B
 
   (D)  ANY  OVERPAYMENT  RETAINED  BY  A  PERSON  AFTER THE DEADLINE FOR
 REPORTING AND RETURNING THE OVERPAYMENT  UNDER  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION  SHALL BE SUBJECT TO A MONETARY PENALTY PURSUANT TO SUBDIVI-
 SION FOUR OF SECTION ONE HUNDRED FORTY-FIVE-B OF THIS ARTICLE.
   (E)  FOR  PURPOSES  OF  THIS SUBDIVISION, "PERSON" MEANS A PROVIDER OF
 SERVICES OR SUPPLIES, MANAGED CARE PROVIDER, AS DEFINED IN PARAGRAPH (B)
 OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-FOUR-J OF  THIS  TITLE
 AND  INCLUDES MANAGED LONG-TERM CARE PLANS, AND DOES NOT INCLUDE RECIPI-
 ENTS OF THE MEDICAL ASSISTANCE PROGRAM.
   7. SELF-DISCLOSURE PROGRAM. (A) NOTWITHSTANDING THE PROVISIONS OF  ANY
 OTHER LAW TO THE CONTRARY, THERE IS HEREBY ESTABLISHED A VOLUNTARY SELF-
 DISCLOSURE PROGRAM TO BE ADMINISTERED BY THE MEDICAID INSPECTOR GENERAL,
 IN CONSULTATION WITH THE COMMISSIONER, FOR ALL PERSONS DESCRIBED IN THIS
 SECTION OWING ANY OVERPAYMENT TO THE MEDICAL ASSISTANCE PROGRAM.
   (B)  FOR  PURPOSES  OF  THIS  SUBDIVISION,  "PERSON"  MEANS ANY PERSON
 PROVIDING SERVICES OR RECEIVING PAYMENT  UNDER  THE  MEDICAL  ASSISTANCE
 PROGRAM, A MANAGED CARE PROVIDER AS DEFINED IN PARAGRAPH (B) OF SUBDIVI-
 SION  ONE OF SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, INCLUDING
 MANAGED LONG-TERM CARE PLANS, AND ANY SUBCONTRACTORS OR NETWORK  PROVID-
 ERS THEREOF.
   (C)  IN  ORDER  TO  BE  ELIGIBLE TO PARTICIPATE IN THE SELF-DISCLOSURE
 PROGRAM, A PERSON SHALL SATISFY THE FOLLOWING CONDITIONS:
   (1) THE PERSON IS NOT CURRENTLY UNDER AUDIT, INVESTIGATION  OR  REVIEW
 BY  THE  MEDICAID  INSPECTOR  GENERAL,  UNLESS  THE  OVERPAYMENT AND THE
 RELATED CONDUCT BEING DISCLOSED DOES NOT RELATE TO THE MEDICAID  INSPEC-
 TOR GENERAL'S AUDIT, INVESTIGATION OR REVIEW;
   (2)  THE  PERSON IS DISCLOSING AN OVERPAYMENT AND RELATED CONDUCT THAT
 THE  MEDICAID  INSPECTOR  GENERAL  HAS   NOT   DETERMINED,   CALCULATED,
 RESEARCHED OR IDENTIFIED AT THE TIME OF THE DISCLOSURE;
   (3)  THE  OVERPAYMENT  AND RELATED CONDUCT IS REPORTED BY THE DEADLINE
 SPECIFIED IN SUBDIVISION SIX OF THIS SECTION; AND
   (4) THE PERSON IS NOT CURRENTLY A PARTY TO ANY CRIMINAL  INVESTIGATION
 BEING  CONDUCTED  BY  THE DEPUTY ATTORNEY GENERAL FOR THE MEDICAID FRAUD
 CONTROL UNIT OR AN AGENCY OF THE UNITED STATES GOVERNMENT OR  ANY  POLI-
 TICAL SUBDIVISION THEREOF.
   (D)  NOTWITHSTANDING  SUBDIVISION  THREE OF SECTION ONE HUNDRED FORTY-
 FIVE-B OF THIS ARTICLE, THE MEDICAID INSPECTOR GENERAL MAY WAIVE  INTER-
 EST  ON ANY OVERPAYMENT REPORTED, RETURNED, AND EXPLAINED BY AN ELIGIBLE
 PERSON UNDER THIS SUBDIVISION.  FURTHERMORE, AN ELIGIBLE  PERSON'S  GOOD
 FAITH  PARTICIPATION IN THE SELF-DISCLOSURE PROGRAM MAY BE CONSIDERED AS
 A MITIGATING FACTOR IN THE DETERMINATION OF AN  ADMINISTRATIVE  ENFORCE-
 MENT ACTION.
   (E)  TO PARTICIPATE IN THE SELF-DISCLOSURE PROGRAM, AN ELIGIBLE PERSON
 SHALL APPLY BY SUBMITTING A SELF-DISCLOSURE STATEMENT IN  THE  FORM  AND
 MANNER PRESCRIBED BY THE MEDICAID INSPECTOR GENERAL. THE STATEMENT SHALL
 CONTAIN  ALL  THE INFORMATION REQUIRED BY THE MEDICAID INSPECTOR GENERAL
 TO EFFECTIVELY ADMINISTER THE SELF-DISCLOSURE PROGRAM.
   (F) (1) THE ELIGIBLE PERSON SHALL PAY THE  OVERPAYMENT  AMOUNT  DETER-
 MINED BY THE MEDICAID INSPECTOR GENERAL TO THE DEPARTMENT WITHIN FIFTEEN
 DAYS  OF  THE  MEDICAID  INSPECTOR  GENERAL  NOTIFYING THE PERSON OF THE
 AMOUNT DUE.
   (2) IN THE EVENT THE MEDICAID INSPECTOR GENERAL IS SATISFIED THAT  THE
 PERSON  CANNOT MAKE IMMEDIATE FULL PAYMENT OF THE DISCLOSED OVERPAYMENT,
 THE MEDICAID INSPECTOR GENERAL MAY PERMIT THE PERSON TO REPAY THE  OVER-
 PAYMENT  AND ANY INTEREST DUE THROUGH INSTALLMENT PAYMENTS. THE MEDICAID
 INSPECTOR GENERAL MAY REQUIRE A FINANCIAL DISCLOSURE  STATEMENT  SETTING

 S. 7506--B                         292                        A. 9506--B

 FORTH  INFORMATION  CONCERNING THE PERSON'S CURRENT ASSETS, LIABILITIES,
 EARNINGS, AND  OTHER  FINANCIAL  INFORMATION  BEFORE  ENTERING  INTO  AN
 INSTALLMENT PAYMENT PLAN WITH THE PERSON.
   (3) IF THE PERSON AND THE OVERPAYMENT ARE ELIGIBLE UNDER THE SELF-DIS-
 CLOSURE  PROGRAM,  THE MEDICAID INSPECTOR GENERAL SHALL BE AUTHORIZED TO
 ENTER INTO A SELF-DISCLOSURE AND COMPLIANCE AGREEMENT WITH  THE  PERSON.
 THE  SELF-DISCLOSURE  AND  COMPLIANCE AGREEMENT SHALL BE IN A FORM TO BE
 ESTABLISHED BY THE MEDICAID INSPECTOR GENERAL AND INCLUDE SUCH TERMS  AS
 THE  MEDICAID  INSPECTOR  GENERAL SHALL REQUIRE FOR THE REPAYMENT OF THE
 PERSON'S DISCLOSED OVERPAYMENT AND ENABLE  AND  REQUIRE  THE  PERSON  TO
 COMPLY  WITH  THE  REQUIREMENTS OF THE MEDICAL ASSISTANCE PROGRAM IN THE
 FUTURE. THE PERSON SHALL  EXECUTE  THE  SELF-DISCLOSURE  AND  COMPLIANCE
 AGREEMENT WITHIN FIFTEEN DAYS OF RECEIVING SAID AGREEMENT FROM THE MEDI-
 CAID  INSPECTOR  GENERAL, OR SUCH OTHER TIMEFRAME PERMITTED BY THE MEDI-
 CAID INSPECTOR GENERAL, PROVIDED HOWEVER, THAT SUCH OTHER PERIOD IS  NOT
 LESS THAN FIFTEEN DAYS.
   (4) IF THE PERSON PROVIDES FALSE MATERIAL INFORMATION OR OMITS MATERI-
 AL  INFORMATION  IN  HIS  OR  HER  SUBMISSIONS TO THE MEDICAID INSPECTOR
 GENERAL, OR ATTEMPTS TO DEFEAT OR EVADE AN OVERPAYMENT DUE  PURSUANT  TO
 THE  SELF-DISCLOSURE AND COMPLIANCE AGREEMENT EXECUTED UNDER THIS SUBDI-
 VISION, OR FAILS TO COMPLY WITH THE TERMS  OF  THE  SELF-DISCLOSURE  AND
 COMPLIANCE  AGREEMENT,  OR  REFUSES  TO  EXECUTE THE SELF-DISCLOSURE AND
 COMPLIANCE AGREEMENT IN THE TIMEFRAMES  SPECIFIED  UNDER  THIS  SECTION,
 SUCH  AGREEMENT  SHALL  BE  DEEMED  RESCINDED AND THE PROVIDER'S PARTIC-
 IPATION IN THE SELF-DISCLOSURE PROGRAM TERMINATED.
   (5) A PERSON AGAINST WHOM A SELF-DISCLOSURE AND  COMPLIANCE  AGREEMENT
 IS  RESCINDED AND PARTICIPATION IN THE SELF-DISCLOSURE PROGRAM IS TERMI-
 NATED PURSUANT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH SHALL BE  ENTITLED
 TO NOTICE.
   (G)  THE  MEDICAID INSPECTOR GENERAL, IN CONSULTATION WITH THE COMMIS-
 SIONER, MAY PROMULGATE REGULATIONS, ISSUE FORMS  AND  INSTRUCTIONS,  AND
 TAKE  ANY AND ALL OTHER ACTIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF
 THE SELF-DISCLOSURE PROGRAM ESTABLISHED UNDER THIS SECTION  TO  MAXIMIZE
 PUBLIC AWARENESS AND PARTICIPATION IN SUCH PROGRAM.
   §  6.  Paragraph  (b)  of subdivision 2 of section 367-a of the social
 services law, as amended by section 116 of part C of chapter 58  of  the
 laws of 2009, is amended to read as follows:
   (b)  Any  inconsistent provision of this chapter or other law notwith-
 standing, upon furnishing assistance under this title to  any  applicant
 or  recipient  of medical assistance, the local social services district
 or the department shall be subrogated, to the extent of the expenditures
 by such district or department for medical care furnished, to any rights
 such person may have to medical support  or  reimbursement  from  liable
 third  parties,  including  but not limited to health insurers, self-in-
 sured plans, group health plans, service  benefit  plans,  managed  care
 organizations,  pharmacy benefit managers, or other parties that are, by
 statute, contract, or agreement, legally responsible for  payment  of  a
 claim  for  a health care item or service. For purposes of this section,
 the term medical support shall mean the right to  support  specified  as
 support  for  the  purpose  of medical care by a court or administrative
 order. The right of subrogation does not attach  to  insurance  benefits
 paid  or provided under any health insurance policy prior to the receipt
 of written notice of the exercise of subrogation rights by  the  carrier
 issuing  such  insurance,  nor shall such right of subrogation attach to
 any benefits which may be claimed by a social services official  or  the
 department,  by  agreement or other established procedure, directly from

 S. 7506--B                         293                        A. 9506--B
 
 an insurance carrier. No right  of  subrogation  to  insurance  benefits
 available  under any health insurance policy shall be enforceable unless
 written notice of the exercise of such subrogation right is received  by
 the carrier within three years from the date services for which benefits
 are  provided  under  the  policy or contract are rendered. Liable third
 parties shall not deny a claim made by a social services official or the
 department in conformance with this paragraph solely on the basis of the
 date of submission of the claim, the type or format of the claim form, A
 FAILURE TO OBTAIN PRIOR AUTHORIZATION, or a failure  to  present  proper
 documentation  at  the  point-of-sale  that  is  the basis of the claim.
 LIABLE THIRD PARTIES SHALL RESPOND TO A REQUEST FOR PAYMENT WITHIN SIXTY
 CALENDAR DAYS AFTER RECEIPT OF  WRITTEN  PROOF  OF  LOSS  OR  CLAIM  FOR
 PAYMENT FOR HEALTH CARE SERVICES PROVIDED TO A RECIPIENT OF MEDICAID WHO
 IS  COVERED  BY THE THIRD PARTY AND SHALL NOT CHARGE A FEE TO PROCESS OR
 ADJUDICATE A CLAIM. The local social services district or the department
 shall also notify the carrier when the exercise  of  subrogation  rights
 has  terminated because a person is no longer receiving assistance under
 this title. Such carrier shall  establish  mechanisms  to  maintain  the
 confidentiality of all individually identifiable information or records.
 Such  carrier  shall  limit the use of such information or record to the
 specific purpose for which  such  disclosure  is  made,  and  shall  not
 further disclose such information or records.
   § 7. Section 364-j of the social services law is amended by adding two
 new subdivisions 38 and 39 to read as follows:
   38.  PENALTIES  FOR  THE SUBMISSION OF MISSTATED COST REPORTS. (A) FOR
 PURPOSES OF THIS SUBDIVISION, MANAGED CARE PROVIDER SHALL  ALSO  INCLUDE
 MANAGED LONG-TERM CARE PLANS.
   (B)  THE  MEDICAID INSPECTOR GENERAL MAY, IN HIS OR HER DISCRETION AND
 IN CONSULTATION WITH THE COMMISSIONER, IMPOSE A  PENALTY  ON  A  MANAGED
 CARE  PROVIDER  WHOSE FILED COST REPORT CONTAINED A MISSTATEMENT OF FACT
 INCLUDING:
   (I) UNSUBSTANTIATED OR IMPROPER COSTS;
   (II) NUMBER OF MEMBER MONTHS;
   (III) NUMBER OF EVENTS.
   FOR PURPOSES OF THIS PARAGRAPH, NUMBER OF EVENTS  SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO UNDERSTATED BIRTHS OR DELIVERIES.
   (C)  (I)  FOR MISSTATEMENTS FOUND IN SUBPARAGRAPH (I) OF PARAGRAPH (B)
 OF THIS SUBDIVISION, THE PENALTY SHALL BE EQUAL TO  THE  AMOUNT  OF  THE
 MISSTATEMENT MULTIPLIED BY TWO.
   (II)  FOR MISSTATEMENTS FOUND IN SUBPARAGRAPH (II) OF PARAGRAPH (B) OF
 THIS SUBDIVISION, THE PENALTY SHALL BE THE AMOUNT OF THE PREMIUM CAPITA-
 TION PAID BY THE DEPARTMENT FOR THE REGION PER MEMBER MONTH.
   (III) FOR MISSTATEMENTS FOUND IN SUBPARAGRAPH (III) OF  PARAGRAPH  (B)
 OF THIS SUBDIVISION, THE PENALTY SHALL BE THE AMOUNT OF THE SUPPLEMENTAL
 CAPITATION PAID BY THE DEPARTMENT FOR THE REGION PER MEMBER EVENT.
   (D) ANY PENALTY IMPOSED UNDER THIS SUBDIVISION MAY BE RECOVERED BY THE
 DEPARTMENT IN ANY MANNER AUTHORIZED BY LAW.
   (E) THE MANAGED CARE PROVIDER AGAINST WHOM A PENALTY IS IMPOSED PURSU-
 ANT  TO  THIS SUBDIVISION SHALL BE ENTITLED TO NOTICE AND AN OPPORTUNITY
 TO BE HEARD IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS CHAPTER.
   39. MEDICAID FRAUD, WASTE AND ABUSE PREVENTION. (A)  FOR  PURPOSES  OF
 THIS SUBDIVISION, MANAGED CARE PROVIDER SHALL ALSO INCLUDE MANAGED LONG-
 TERM CARE PLANS.
   (B)  MANAGED  CARE  PROVIDERS  SHALL  ADOPT AND IMPLEMENT POLICIES AND
 PROCEDURES DESIGNED TO DETECT AND PREVENT FRAUD, WASTE AND  ABUSE.  THIS
 SHALL INCLUDE THE ADOPTION AND IMPLEMENTATION OF A COMPLIANCE PROGRAM AS

 S. 7506--B                         294                        A. 9506--B
 
 REQUIRED  BY  SECTION  THREE HUNDRED SIXTY-THREE-D OF THIS TITLE AND THE
 TERMS OF THE CONTRACT BETWEEN THE MANAGED CARE PROVIDER AND  THE  STATE,
 AND  FOR MANAGED CARE PROVIDERS WITH AN ENROLLED POPULATION OF ONE THOU-
 SAND  OR MORE PERSONS IN THE AGGREGATE IN ANY GIVEN YEAR, THE ESTABLISH-
 MENT OF A SPECIAL INVESTIGATION UNIT WHICH WILL HAVE  PRIMARY  RESPONSI-
 BILITY  FOR  IMPLEMENTING  THE  MANAGED  CARE  PROVIDER'S  POLICIES  AND
 PROCEDURES TO DETECT AND PREVENT FRAUD, WASTE AND ABUSE, AS  IT  RELATES
 TO  THE  MANAGED CARE PROVIDER'S PARTICIPATION IN THE MEDICAL ASSISTANCE
 PROGRAM.
   (C) THE MANAGED CARE PROVIDER SHALL COORDINATE ITS  FRAUD,  WASTE  AND
 ABUSE  PREVENTION ACTIVITIES WITH THE MEDICAID INSPECTOR GENERAL AND THE
 DEPARTMENT OF HEALTH. THE MEDICAID INSPECTOR  GENERAL,  IN  CONSULTATION
 WITH  THE  DEPARTMENT OF HEALTH, MAY PROMULGATE REGULATIONS ESTABLISHING
 STANDARDS AND REQUIREMENTS FOR THE OPERATION OF  MANAGED  CARE  PROVIDER
 FRAUD, WASTE AND ABUSE PREVENTION ACTIVITIES, INCLUDING REQUIREMENTS FOR
 SPECIAL  INVESTIGATION  UNITS.    THE  PROVISIONS  OF  THIS  SUBDIVISION
 NOTWITHSTANDING, THE MANAGED CARE PROVIDER SHALL CONTINUE TO COMPLY WITH
 ALL THE REQUIREMENTS OF  SECTION  FORTY-FOUR  HUNDRED  FOURTEEN  OF  THE
 PUBLIC HEALTH LAW.
   §  8. Section 3613 of the public health law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. EACH HOME CARE SERVICES WORKER SHALL OBTAIN AN INDIVIDUAL  UNIQUE
 IDENTIFIER  FROM THE STATE BY OR BEFORE A DATE DETERMINED BY THE COMMIS-
 SIONER IN CONSULTATION WITH THE MEDICAID INSPECTOR GENERAL. ANY PERSONAL
 INFORMATION SUBMITTED TO OBTAIN SUCH UNIQUE IDENTIFIER  SHALL  BE  MAIN-
 TAINED  AS CONFIDENTIAL PURSUANT TO ARTICLE SIX-A OF THE PUBLIC OFFICERS
 LAW ("NEW YORK STATE PRIVACY PROTECTION LAW").
   § 9. Subdivision 3 of section 365-f of the  social  services  law,  as
 amended  by  chapter  511  of  the  laws  of 2015, is amended to read as
 follows:
   3. Division of responsibilities. Eligible  individuals  who  elect  to
 participate  in the program assume the responsibility for services under
 such program as mutually  agreed  to  by  the  eligible  individual  and
 provider  and as documented in the eligible individual's record, includ-
 ing, but not  limited  to,  recruiting,  hiring  and  supervising  their
 personal  assistants. For the purposes of this section, personal assist-
 ant shall mean an adult who HAS OBTAINED AN INDIVIDUAL UNIQUE IDENTIFIER
 FROM THE STATE BY OR BEFORE A DATE DETERMINED  BY  THE  COMMISSIONER  OF
 HEALTH IN CONSULTATION WITH THE MEDICAID INSPECTOR GENERAL, AND provides
 services  under this section to the eligible individual under the eligi-
 ble individual's instruction, supervision and  direction  or  under  the
 instruction,  supervision  and  direction  of  the eligible individual's
 designated representative, provided that a  person  legally  responsible
 for  an eligible individual's care and support, an eligible individual's
 spouse or designated representative may not be  the  personal  assistant
 for  the  eligible individual; however, a personal assistant may include
 any other adult relative of the eligible individual, provided,  however,
 that  the program determines that the services provided by such relative
 are consistent with an individual's plan of care and that the  aggregate
 cost  for  such  services does not exceed the aggregate costs for equiv-
 alent services  provided  by  a  non-relative  personal  assistant.  ANY
 PERSONAL INFORMATION SUBMITTED TO OBTAIN SUCH UNIQUE IDENTIFIER SHALL BE
 MAINTAINED AS CONFIDENTIAL PURSUANT TO ARTICLE SIX-A OF THE PUBLIC OFFI-
 CERS  LAW  ("NEW  YORK  STATE PRIVACY PROTECTION LAW"). Such individuals
 shall be assisted as appropriate  with  service  coverage,  supervision,
 advocacy  and  management. Providers shall not be liable for fulfillment

 S. 7506--B                         295                        A. 9506--B
 
 of responsibilities agreed to be undertaken by the eligible  individual.
 This  subdivision, however, shall not diminish the participating provid-
 er's liability for failure  to  exercise  reasonable  care  in  properly
 carrying  out  its  responsibilities  under  this  program,  which shall
 include monitoring such individual's continuing ability to fulfill those
 responsibilities documented in his or her records. Failure of the  indi-
 vidual to carry out his or her agreed to responsibilities may be consid-
 ered  in determining such individual's continued appropriateness for the
 program.
   § 10. Subparagraph (C) of paragraph 3 of  subsection  (e)  of  section
 3212  of  the  insurance  law,  as amended by section 117-b of part C of
 chapter 58 of the laws of 2009, is amended to read as follows:
   (C) No right of subrogation to insurance benefits available under  any
 health  insurance  policy  shall be enforceable unless written notice of
 the exercise of such subrogation right is received by the carrier within
 three years from the date services for which benefits are provided under
 the policy or contract are rendered. An insurer shall not deny  a  claim
 made  in  conformance  with  paragraph (b) of subdivision two of section
 three hundred sixty-seven-a of the social services  law  solely  on  the
 basis  of the date of submission of the claim, the type or format of the
 claim form, A FAILURE TO OBTAIN PRIOR AUTHORIZATION,  or  a  failure  to
 present  proper  documentation at the point-of-sale that is the basis of
 the claim.
   § 11. This act shall take effect immediately and shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2020; provided
 however, section three of this act shall apply to compliance reviews for
 calendar years beginning on or after January 1, 2021; provided  further,
 section  seven  of  this  act  shall apply to cost reports submitted for
 calendar years beginning on or after January 1, 2014; provided  further,
 however, the amendments to section 364-j of the social services law made
 by  section  seven  of  this  act,  shall  not affect the repeal of such
 section and shall be deemed repealed therewith;  and  provided  further,
 however,  that  the director of the budget may, in consultation with the
 commissioner of health, delay the effective dates prescribed herein  for
 a  period  of  time  which  shall  not  exceed ninety days following the
 conclusion or termination of  an  executive  order  issued  pursuant  to
 section 28 of the executive law declaring a state disaster emergency for
 the  entire  state  of New York, and upon such delay the director of the
 budget shall notify the chairs of the assembly ways and means  committee
 and  senate  finance committee and the chairs of the assembly and senate
 health committee; and provided further, however, that  the  director  of
 the  budget  shall  notify the legislative bill drafting commission upon
 the occurrence of a delay in the effective date of this  act,  in  order
 that  the  commission may maintain an accurate and timely effective data
 base of the official text of the laws of the state of New York in furth-
 erance of effecting the provisions of section 44 of the legislative  law
 and section 70-b of the public officers law.
 
                                  PART RR

   Section 1. Subdivision (b) of section 25-z of the general city law, as
 amended  by  section  3  of part E of chapter 61 of the laws of 2017, is
 amended and a new subdivision (g) is added to read as follows:
   (b) No eligible business shall be authorized to receive a credit under
 any local law enacted pursuant to this article until the  premises  with
 respect  to which it is claiming the credit meet the requirements in the

 S. 7506--B                         296                        A. 9506--B
 
 definition of eligible premises and until  it  has  obtained  a  certif-
 ication  of  eligibility from the mayor of such city or an agency desig-
 nated by such mayor, and an annual certification from such mayor  or  an
 agency  designated  by such mayor as to the number of eligible aggregate
 employment shares maintained by such eligible business that may  qualify
 for  obtaining a tax credit for the eligible business' taxable year. Any
 written documentation submitted to such mayor or such agency or agencies
 in order to obtain any such certification  shall  be  deemed  a  written
 instrument  for  purposes of section 175.00 of the penal law. Such local
 law may provide for application fees to be determined by such  mayor  or
 such  agency  or agencies. No such certification of eligibility shall be
 issued under any local law enacted pursuant to this article to an eligi-
 ble business on or after July first, two thousand  [twenty]  TWENTY-FIVE
 unless:
   (1)  prior to such date such business has purchased, leased or entered
 into a contract to purchase or lease particular premises or a parcel  on
 which  will  be constructed such premises or already owned such premises
 or parcel;
   (2) prior to such date improvements have been commenced on such  prem-
 ises  or parcel, which improvements will meet the requirements of subdi-
 vision (e) of section twenty-five-y of this article relating to expendi-
 tures for improvements;
   (3) prior to such date such business submits a preliminary application
 for a certification of eligibility to such mayor or such agency or agen-
 cies with respect to a proposed relocation to such particular  premises;
 and
   (4) such business relocates to such particular premises not later than
 thirty-six  months  or, in a case in which the expenditures made for the
 improvements specified in paragraph  two  of  this  subdivision  are  in
 excess  of fifty million dollars within seventy-two months from the date
 of submission of such preliminary application.
   (G) FOR THE DURATION OF THE BENEFIT PERIOD, A RECIPIENT  OF  A  CREDIT
 UNDER  ANY LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE SHALL FILE ANNUAL-
 LY, ALONG WITH THE AFOREMENTIONED ORIGINAL AND  ANNUAL  CERTIFICATES  OF
 ELIGIBILITY,  THE  AVERAGE  WAGE  AND BENEFITS OFFERED TO THE APPLICABLE
 RELOCATED EMPLOYEES USED IN DETERMINING  ELIGIBLE  AGGREGATE  EMPLOYMENT
 SHARES,  PURSUANT  TO  SUBDIVISION  (I) OF SECTION TWENTY-FIVE-Y OF THIS
 ARTICLE.  THE DEPARTMENT SHALL HAVE THE AUTHORITY TO REQUIRE THAT STATE-
 MENTS FILED UNDER THIS SUBDIVISION BE CERTIFIED.
   § 2. Subdivision (b) of section 25-ee of  the  general  city  law,  as
 amended  by  section  4  of part E of chapter 61 of the laws of 2017, is
 amended and a new subdivision (e) is added to read as follows:
   (b) No eligible business or special eligible business shall be author-
 ized to receive a credit against tax under any local law enacted  pursu-
 ant  to  this  article  until  the  premises with respect to which it is
 claiming the credit meet the requirements in the definition of  eligible
 premises  and  until it has obtained a certification of eligibility from
 the mayor of such city or any agency designated by such  mayor,  and  an
 annual  certification  from  such  mayor or an agency designated by such
 mayor as to the number of eligible  aggregate  employment  shares  main-
 tained  by such eligible business or such special eligible business that
 may qualify for obtaining a tax credit for the eligible business'  taxa-
 ble  year. No special eligible business shall be authorized to receive a
 credit against tax under the  provisions  of  this  article  unless  the
 number of relocated employee base shares calculated pursuant to subdivi-
 sion (o) of section twenty-five-dd of this article is equal to or great-

 S. 7506--B                         297                        A. 9506--B
 
 er than the lesser of twenty-five percent of the number of New York city
 base  shares  calculated pursuant to subdivision (p) of such section and
 two hundred fifty employment shares. Any written documentation submitted
 to  such  mayor  or  such agency or agencies in order to obtain any such
 certification shall be deemed  a  written  instrument  for  purposes  of
 section 175.00 of the penal law. Such local law may provide for applica-
 tion  fees to be determined by such mayor or such agency or agencies. No
 certification of eligibility shall be issued under any local law enacted
 pursuant to this article to an eligible business on or after July first,
 two thousand [twenty] TWENTY-FIVE unless:
   (1) prior to such date such business has purchased, leased or  entered
 into  a  contract  to  purchase  or lease premises in the eligible Lower
 Manhattan area or a parcel on which will be constructed such premises;
   (2) prior to such date improvements have been commenced on such  prem-
 ises  or parcel, which improvements will meet the requirements of subdi-
 vision (e) of section twenty-five-dd of this article relating to expend-
 itures for improvements;
   (3) prior to such date such business submits a preliminary application
 for a certification of eligibility to such mayor or such agency or agen-
 cies with respect to a proposed relocation to such premises; and
   (4) such business relocates to such premises as provided  in  subdivi-
 sion  (j) of section twenty-five-dd of this article not later than thir-
 ty-six months or, in a case in  which  the  expenditures  made  for  the
 improvements  specified  in  paragraph  two  of  this subdivision are in
 excess of fifty million dollars within seventy-two months from the  date
 of submission of such preliminary application.
   (E)  FOR THE DURATION OF THE BENEFIT PERIOD, THE RECIPIENT OF BENEFITS
 SHALL FILE ANNUALLY, ALONG WITH THE AFOREMENTIONED ORIGINAL  AND  ANNUAL
 CERTIFICATES  OF  ELIGIBILITY,  THE AVERAGE WAGE AND BENEFITS OFFERED TO
 THE APPLICABLE RELOCATED EMPLOYEES USED IN DETERMINING  ELIGIBLE  AGGRE-
 GATE  EMPLOYMENT  SHARES, PURSUANT TO SUBDIVISION (I) OF SECTION TWENTY-
 FIVE-Y OF THIS CHAPTER.   THE DEPARTMENT SHALL  HAVE  THE  AUTHORITY  TO
 REQUIRE THAT STATEMENTS FILED UNDER THIS SUBDIVISION BE CERTIFIED.
   §  3.  Subdivision (b) of section 22-622 of the administrative code of
 the city of New York, as amended by section 5 of part E of chapter 61 of
 the laws of 2017, is amended to read as follows:
   (b) No eligible business shall  be  authorized  to  receive  a  credit
 against  tax  or  a  reduction  in  base  rent  subject to tax under the
 provisions of this chapter, and of title eleven of the code as described
 in subdivision (a) of this section, until the premises with  respect  to
 which  it is claiming the credit meet the requirements in the definition
 of eligible premises and until it has obtained a certification of eligi-
 bility from the mayor or an agency designated by the mayor, and an annu-
 al certification from the mayor or an agency designated by the mayor  as
 to the number of eligible aggregate employment shares maintained by such
 eligible  business  that  may qualify for obtaining a tax credit for the
 eligible business' taxable year. Any written documentation submitted  to
 the mayor or such agency or agencies in order to obtain any such certif-
 ication  shall  be  deemed  a written instrument for purposes of section
 175.00 of the penal law. Application fees for such certifications  shall
 be  determined by the mayor or such agency or agencies. No certification
 of eligibility shall be issued to an eligible business on or after  July
 first, two thousand [twenty] TWENTY-FIVE unless:
   (1)  prior to such date such business has purchased, leased or entered
 into a contract to purchase or lease particular premises or a parcel  on

 S. 7506--B                         298                        A. 9506--B
 
 which  will  be constructed such premises or already owned such premises
 or parcel;
   (2)  prior to such date improvements have been commenced on such prem-
 ises or parcel which improvements will meet the requirements of subdivi-
 sion (e) of section 22-621 of this chapter relating to expenditures  for
 improvements;
   (3) prior to such date such business submits a preliminary application
 for a certification of eligibility to such mayor or such agency or agen-
 cies  with respect to a proposed relocation to such particular premises;
 and
   (4) such business relocates to such particular premises not later than
 thirty-six months or, in a case  in  which  the  expenditures  made  for
 improvements  specified  in  paragraph  two  of  this subdivision are in
 excess of fifty million dollars within seventy-two months from the  date
 of submission of such preliminary application.
   § 4. Section 22-622 of the administrative code of the city of New York
 is amended by adding a new subdivision (g) to read as follows:
   (G)  FOR THE DURATION OF THE BENEFIT PERIOD, THE RECIPIENT OF BENEFITS
 SHALL FILE ANNUALLY, ALONG WITH THE AFOREMENTIONED ORIGINAL  AND  ANNUAL
 CERTIFICATES  OF  ELIGIBILITY,  THE AVERAGE WAGE AND BENEFITS OFFERED TO
 THE APPLICABLE RELOCATED EMPLOYEES USED IN DETERMINING  ELIGIBLE  AGGRE-
 GATE EMPLOYMENT SHARES, PURSUANT TO SUBDIVISION (I) OF SECTION 22-621 OF
 THIS  CHAPTER.  THE  DEPARTMENT SHALL HAVE THE AUTHORITY TO REQUIRE THAT
 STATEMENTS FILED UNDER THIS SUBDIVISION BE CERTIFIED.
   § 5. Subdivision (b) of section 22-624 of the administrative  code  of
 the city of New York, as amended by section 6 of part E of chapter 61 of
 the  laws of 2017, is amended and a new subdivision (e) is added to read
 as follows:
   (b) No eligible business or special eligible business shall be author-
 ized to receive a credit against tax under the provisions of this  chap-
 ter,  and of title eleven of the code as described in subdivision (a) of
 this section, until the premises with respect to which  it  is  claiming
 the  credit meet the requirements in the definition of eligible premises
 and until it has obtained a certification of eligibility from the  mayor
 or  an  agency designated by the mayor, and an annual certification from
 the mayor or an agency designated by the  mayor  as  to  the  number  of
 eligible  aggregate  employment shares maintained by such eligible busi-
 ness or special eligible business that may qualify for obtaining  a  tax
 credit  for  the  eligible  business'  taxable year. No special eligible
 business shall be authorized to receive a credit against tax  under  the
 provisions  of  this  chapter and of title eleven of the code unless the
 number of relocated employee base shares calculated pursuant to subdivi-
 sion (o) of section 22-623 of this chapter is equal to or  greater  than
 the  lesser  of  twenty-five percent of the number of New York city base
 shares calculated pursuant to subdivision (p) of  such  section  22-623,
 and  two  hundred  fifty  employment  shares.  Any written documentation
 submitted to the mayor or such agency or agencies in order to obtain any
 such certification shall be deemed a written instrument for purposes  of
 section  175.00  of  the  penal  law.  Application fees for such certif-
 ications shall be determined by the mayor or such agency or agencies. No
 certification of eligibility shall be issued to an eligible business  on
 or after July first, two thousand [twenty] TWENTY-FIVE unless:
   (1)  prior to such date such business has purchased, leased or entered
 into a contract to purchase or lease  premises  in  the  eligible  Lower
 Manhattan area or a parcel on which will be constructed such premises;

 S. 7506--B                         299                        A. 9506--B
 
   (2)  prior to such date improvements have been commenced on such prem-
 ises or parcel, which improvements will meet the requirements of  subdi-
 vision  (e)  of  section 22-623 of this chapter relating to expenditures
 for improvements;
   (3) prior to such date such business submits a preliminary application
 for a certification of eligibility to such mayor or such agency or agen-
 cies with respect to a proposed relocation to such premises; and
   (4) such business relocates to such premises not later than thirty-six
 months or, in a case in which the expenditures made for the improvements
 specified  in  paragraph  two of this subdivision are in excess of fifty
 million dollars within seventy-two months from the date of submission of
 such preliminary application.
   (E) FOR THE DURATION OF THE BENEFIT PERIOD, THE RECIPIENT OF  BENEFITS
 SHALL  FILE  ANNUALLY, ALONG WITH THE AFOREMENTIONED ORIGINAL AND ANNUAL
 CERTIFICATES OF ELIGIBILITY, THE AVERAGE WAGE AND  BENEFITS  OFFERED  TO
 THE  APPLICABLE  RELOCATED EMPLOYEES USED IN DETERMINING ELIGIBLE AGGRE-
 GATE EMPLOYMENT SHARES, PURSUANT TO SUBDIVISION (I) OF SECTION 22-623 OF
 THIS CHAPTER. THE DEPARTMENT SHALL HAVE THE AUTHORITY  TO  REQUIRE  THAT
 STATEMENTS FILED UNDER THIS SUBDIVISION BE CERTIFIED.
   § 6. This act shall take effect immediately.
 
                                  PART SS
 
   Section  1.  Subdivision  3 of section 489-cccccc of the real property
 tax law is amended by adding a new paragraph (d) to read as follows:
   (D) SELF-STORAGE FACILITIES. FOR PURPOSES OF THIS TITLE, "SELF-STORAGE
 FACILITY" SHALL MEAN ANY REAL PROPERTY OR  A  PORTION  THEREOF  THAT  IS
 DESIGNED  AND  USED  FOR THE PURPOSE OF OCCUPYING STORAGE SPACE BY OCCU-
 PANTS WHO ARE TO HAVE ACCESS THERETO FOR  THE  PURPOSE  OF  STORING  AND
 REMOVING  PERSONAL  PROPERTY, PURSUANT TO SUBDIVISION ONE OF SECTION ONE
 HUNDRED EIGHTY-TWO OF THE LIEN LAW. NO BENEFITS SHALL BE GRANTED  PURSU-
 ANT  TO  THIS  TITLE  FOR  CONSTRUCTION  WORK ON REAL PROPERTY WHERE ANY
 PORTION OF SUCH PROPERTY IS TO BE USED AS A SELF-STORAGE FACILITY.
   § 2. Subdivision 4 and paragraph (c) of subdivision 5 of section  489-
 cccccc of the real property tax law, as added by chapter 119 of the laws
 of 2008, are amended to read as follows:
   4. Hotel uses. Benefits shall be available for commercial construction
 work  or renovation construction work on a building or structure for the
 property's square footage used to provide lodging and  support  services
 for  transient guests, PROVIDED THE APPLICANT IS NOT OTHERWISE DISQUALI-
 FIED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS  SECTION,  OR
 SECTION FOUR HUNDRED EIGHTY-NINE-EEEEEE OR FOUR HUNDRED EIGHTY-NINE-III-
 III OF THIS TITLE.
   (c)  Applicant  affidavit. No benefits pursuant to this title shall be
 granted for any construction work unless the applicant provides, togeth-
 er with the final application, an affidavit setting forth the  following
 information:
   (i)  a statement that within the seven years immediately preceding the
 date of the preliminary application for benefits, neither the applicant,
 nor any person owning a substantial interest in the property as  defined
 in  subparagraph  (iii)  of this paragraph, nor any officer, director or
 general partner of the applicant or such person was finally  adjudicated
 by  a  court  of  competent  jurisdiction  to  have violated section two
 hundred thirty-five of the real property law or any section  of  article
 one  hundred  fifty of the penal law or any similar arson law of another
 state with respect to any building, or FINALLY ADJUDICATED BY  A  COMPE-

 S. 7506--B                         300                        A. 9506--B
 
 TENT  AUTHORITY,  AGENCY,  OR  A COURT OF COMPETENT JURISDICTION TO HAVE
 VIOLATED ANY STATE, CITY, OR MUNICIPAL  BUSINESS  REGULATIONS  OR  ORDI-
 NANCES  RELATED  TO  PAYMENT  OF  TAXES, PAYMENT OF WAGES, OR FRAUDULENT
 REPRESENTATION  TO GOVERNMENTAL ENTITIES, OR was an officer, director or
 general partner of a person at the time such person was finally  adjudi-
 cated  to have violated such [law] STATE, CITY, OR MUNICIPAL LAWS, BUSI-
 NESS REGULATIONS, AND ORDINANCES RELATED TO PAYMENT OF TAXES, PAYMENT OF
 WAGES, OR FRAUDULENT REPRESENTATION TO GOVERNMENTAL ENTITIES; and
   (ii) a statement setting forth any pending charges alleging  violation
 of  section  two  hundred  thirty-five  of  the real property law or any
 section of article one hundred fifty of the penal  law  or  any  similar
 arson law of another jurisdiction with respect to any building AND PEND-
 ING  CHARGES  ALLEGING  VIOLATION  OF STATE, CITY, OR MUNICIPAL BUSINESS
 REGULATIONS OR ORDINANCES RELATED TO PAYMENT OF TAXES, PAYMENT OF WAGES,
 OR FRAUDULENT REPRESENTATION TO GOVERNMENTAL ENTITIES by  the  applicant
 or  any  person owning a substantial interest in the property as defined
 in subparagraph (iii) of this paragraph, or  any  officer,  director  or
 general partner of the applicant or such person.
   (iii)  "Substantial  interest"  as used in this subdivision shall mean
 ownership and control of an interest of ten percent or more in a proper-
 ty or any person owning a property.
   (iv) If any person described in the statement required by subparagraph
 (ii) of this paragraph is finally adjudicated by a  court  of  competent
 jurisdiction  to  be  guilty of any charge listed in such statement, the
 recipient shall cease to be eligible for benefits pursuant to this title
 and shall pay with interest any taxes for which an abatement was claimed
 pursuant to this title.
   § 3. Paragraph (a) of subdivision 1 of section 489-dddddd of the  real
 property  tax  law,  as amended by section 25 of part E of chapter 61 of
 the laws of 2017, is amended to read as follows:
   (a) Application for benefits pursuant to this title may be made  imme-
 diately  following the effective date of a local law enacted pursuant to
 this title and continuing until March first, two  thousand  [twenty-two]
 TWENTY-FIVE.
   § 4. Subdivision 3 of section 489-dddddd of the real property tax law,
 as amended by section 26 of part E of chapter 61 of the laws of 2017, is
 amended to read as follows:
   3.  (a)  No  benefits  pursuant  to  this  title  shall be granted for
 construction work performed pursuant to a building permit  issued  after
 April first, two thousand [twenty-two] TWENTY-FIVE.
   (b)  If  no building permit was required, then no benefits pursuant to
 this title shall be granted for  construction  work  that  is  commenced
 after April first, two thousand [twenty-two] TWENTY-FIVE.
   § 5. Subdivision 1 of section 489-eeeeee of the real property tax law,
 as  amended  by  chapter  28  of  the laws of 2011, is amended and a new
 subdivision 4 is added to read as follows:
   1. Continuing use. For the duration of the benefit period, the recipi-
 ent of benefits shall file biennially with the department, on or  before
 the  appropriate  taxable status date, a statement of the continuing use
 of such property and any changes in use that  have  occurred,  provided,
 however,  that any recipient of benefits receiving benefits for property
 defined as a peaking unit shall file such statement  biannually.    SUCH
 FILINGS  SHALL INCLUDE A STATEMENT THAT THE RECIPIENT HAS NOT BEEN FOUND
 BY A COMPETENT AUTHORITY, AGENCY OR COURT TO HAVE VIOLATED STATE,  CITY,
 OR  MUNICIPAL  BUSINESS  REGULATIONS OR ORDINANCES RELATED TO PAYMENT OF
 TAXES, PAYMENT OF WAGES, OR FRAUDULENT  REPRESENTATION  TO  GOVERNMENTAL

 S. 7506--B                         301                        A. 9506--B
 
 ENTITIES.    This statement shall be in a form determined by the depart-
 ment and may  be  in  any  format  the  department  determines,  in  its
 discretion,  is appropriate, including electronic format. The department
 shall have authority to terminate such benefits upon failure of a recip-
 ient  to file such statement by the appropriate taxable status date. The
 burden of proof shall be on the recipient to establish continuing eligi-
 bility for benefits and the  department  shall  have  the  authority  to
 require that statements filed under this subdivision be certified.
   4. BUSINESS OPERATION DATA. A RECIPIENT SHALL BIENNIALLY FILE A REPORT
 WITH  THE  DEPARTMENT, ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE,
 REGARDING CERTAIN BUSINESS OPERATION DATA RELATING  TO  THE  RECIPIENT'S
 ECONOMIC  IMPACT  AND  OUTCOMES  FOR THE DURATION OF THE BENEFIT PERIOD,
 PROVIDED, HOWEVER, THAT ANY RECIPIENT OF BENEFITS FOR  PROPERTY  DEFINED
 AS  A  PEAKING  UNIT  SHALL  FILE SUCH STATEMENT BIANNUALLY. SUCH REPORT
 SHALL CONTAIN INFORMATION INCLUDING, BUT NOT LIMITED TO,  TENANCY  DATA,
 INFORMATION  REGARDING  EMPLOYMENT  CREATION  AND  JOB RETENTION AND ANY
 OTHER INFORMATION DEEMED RELEVANT BY THE DEPARTMENT.
   § 6. Section 489-iiiiii of the real property  tax  law,  as  added  by
 chapter 119 of the laws of 2008, is amended to read as follows:
   §  489-iiiiii.  Code violations; suspension, termination or revocation
 of benefits. 1. [A local law enacted pursuant to this title may  provide
 that  abatement]  ABATEMENT  benefits  shall be suspended, terminated or
 revoked if the recipient is found to have failed to cure  violations  of
 [the]  applicable  building, fire, or air pollution control codes on the
 property for which benefits have been granted[.  Such  local  law  shall
 define  the circumstances where benefits may be suspended, terminated or
 revoked and provide procedures for benefit  suspension,  termination  or
 revocation]  OR  ANY  STATE,  CITY, OR MUNICIPAL BUSINESS REGULATIONS OR
 ORDINANCES IN A MANNER SPECIFIED BY LOCAL LAW OR  ORDINANCE  RELATED  TO
 PAYMENT  OF  TAXES,  PAYMENT  OF  WAGES, OR FRAUDULENT REPRESENTATION TO
 GOVERNMENTAL ENTITIES.
   2. ABATEMENT BENEFITS SHALL BE SUSPENDED, TERMINATED OR REVOKED IF THE
 RECIPIENT IS FOUND TO HAVE VIOLATED ANY PROVISION OF ARTICLE FIFTEEN  OF
 THE EXECUTIVE LAW BY A COMPETENT AUTHORITY, AGENCY OR COURT.
   3.  All taxes plus interest required to be paid retroactively pursuant
 to this title shall constitute a tax lien as of the date  it  is  deter-
 mined  such  taxes  and  interest are owed. Interest shall be calculated
 from the date the taxes would  have  been  due  but  for  the  abatement
 claimed pursuant to this title at the interest rate imposed by such city
 for non-payment of property tax.
   § 7. Subdivision 2 of section 489-jjjjjj of the real property tax law,
 as  added  by  chapter  119  of  the laws of 2008, is amended to read as
 follows:
   2. An application, certificate, report or other document delivered  by
 an  applicant  or  recipient  hereunder  contains  a false or misleading
 statement as to a material fact or omits  to  state  any  material  fact
 necessary  to  make  the  statements  not  false  or misleading, and may
 declare any applicant or recipient who makes such  false  or  misleading
 statement  or  omission  ineligible  for  future tax abatements for this
 property or another property; OR
   3. A RECIPIENT IS FOUND TO HAVE FAILED TO CURE ANY VIOLATION OF STATE,
 CITY, OR MUNICIPAL BUSINESS REGULATIONS OR ORDINANCES RELATED TO PAYMENT
 OF TAXES, PAYMENT OF WAGES, OR FRAUDULENT REPRESENTATION TO GOVERNMENTAL
 ENTITIES.

 S. 7506--B                         302                        A. 9506--B
 
   § 8. Paragraph 1 of subdivision a of section 11-271 of the administra-
 tive code of the city of New York, as amended by section 27 of part E of
 chapter 61 of the laws of 2017, is amended to read as follows:
   (1)  Application  for benefits pursuant to this part may be made imme-
 diately following the effective date of the local law  that  added  this
 section  and  continuing  until  March  first, two thousand [twenty-two]
 TWENTY-FIVE.
   § 9. Subdivision c of section 11-271 of the administrative code of the
 city of New York, as amended by section 28 of part E of  chapter  61  of
 the laws of 2017, is amended to read as follows:
   c.  (1)  No  benefits  pursuant  to  this  part  shall  be granted for
 construction work performed pursuant to a building permit  issued  after
 April first, two thousand [twenty-two] TWENTY-FIVE.
   (2)  If  no building permit was required, then no benefits pursuant to
 this part shall be granted for construction work that is commenced after
 April first, two thousand [twenty-two] TWENTY-FIVE.
   § 10. This act shall take effect immediately;  provided  that  section
 one  of  this  act  shall apply to projects for which the first building
 permit is issued after July 1, 2020 or if no  permit  is  required,  for
 which construction commences after July 1, 2020.
 
                                  PART TT
 
   Section  1.  Section  2-122-a of the election law is amended by adding
 two new subdivisions 13 and 14 to read as follows:
   13. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 PRIOR TO FORTY-FIVE DAYS BEFORE THE ACTUAL DATE OF A PRESIDENTIAL PRIMA-
 RY ELECTION, IF A CANDIDATE FOR OFFICE OF THE PRESIDENT  OF  THE  UNITED
 STATES  WHO  IS OTHERWISE ELIGIBLE TO APPEAR ON THE PRESIDENTIAL PRIMARY
 BALLOT TO PROVIDE FOR THE ELECTION OF  DELEGATES  TO  A  NATIONAL  PARTY
 CONVENTION  OR  A NATIONAL PARTY CONFERENCE IN ANY PRESIDENTIAL ELECTION
 YEAR, PUBLICLY ANNOUNCES THAT THEY ARE NO LONGER SEEKING THE  NOMINATION
 FOR  THE  OFFICE  OF PRESIDENT OF THE UNITED STATES, OR IF THE CANDIDATE
 PUBLICLY  ANNOUNCES  THAT  THEY  ARE  TERMINATING  OR  SUSPENDING  THEIR
 CAMPAIGN,  OR  IF  THE  CANDIDATE  SENDS  A LETTER TO THE STATE BOARD OF
 ELECTIONS INDICATING THEY NO LONGER WISH TO APPEAR ON  THE  BALLOT,  THE
 STATE  BOARD  OF ELECTIONS MAY DETERMINE BY SUCH DATE THAT THE CANDIDATE
 IS NO LONGER ELIGIBLE AND OMIT SAID CANDIDATE FROM THE BALLOT; PROVIDED,
 HOWEVER, THAT FOR ANY CANDIDATE OF A MAJOR POLITICAL PARTY, SUCH  DETER-
 MINATION SHALL BE SOLELY MADE BY THE COMMISSIONERS OF THE STATE BOARD OF
 ELECTIONS  WHO  HAVE  BEEN APPOINTED ON THE RECOMMENDATION OF SUCH POLI-
 TICAL PARTY OR THE LEGISLATIVE LEADERS OF SUCH POLITICAL PARTY,  AND  NO
 OTHER  COMMISSIONER OF THE STATE BOARD OF ELECTIONS SHALL PARTICIPATE IN
 SUCH DETERMINATION.
   14. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, CANDIDATES  FOR
 DELEGATES  AND/OR  ALTERNATE  DELEGATES WHO ARE PLEDGED TO CANDIDATES OF
 THE OFFICE OF PRESIDENT OF THE  UNITED  STATES  WHO  HAVE  BEEN  OMITTED
 PURSUANT  TO  SUBDIVISION THIRTEEN OF THIS SECTION SHALL ALSO BE OMITTED
 FROM THE CERTIFICATE REQUIRED BY SECTION 4-110 OF  THIS  CHAPTER  AND/OR
 SHALL  BE  DETERMINED TO NOT BE A CANDIDATE PURSUANT TO SECTION 4-114 OF
 THIS CHAPTER. UPON A TIMELY DETERMINATION OF THE STATE BOARD PURSUANT TO
 SUBDIVISION THIRTEEN OF THIS SECTION ANY PRIOR  CERTIFICATION  SHALL  BE
 AMENDED FORTHWITH. THERE SHALL BE NO SUBSTITUTION OF ANY CANDIDATE OMIT-
 TED  PURSUANT  TO  SUBDIVISION THIRTEEN OF THIS SECTION OR THIS SUBDIVI-
 SION.

 S. 7506--B                         303                        A. 9506--B
 
   § 2. This act shall take effect immediately  provided,  however,  that
 the  amendments  to  section 2-122-a of the election law made by section
 one of this act shall not affect the repeal of such section and shall be
 repealed therewith.
 
                                  PART UU
 
   Section 1. Subdivision 3-a of section 500.10 of the criminal procedure
 law,  as  added  by section 1-e of part JJJ of chapter 59 of the laws of
 2019, is amended and a new subdivision 3-b is added to read as follows:
   3-a. "Release under non-monetary conditions." A court releases a prin-
 cipal under non-monetary conditions when, having acquired control over a
 person, it authorizes the person to be at liberty during the pendency of
 the criminal action or proceeding involved under conditions  ordered  by
 the  court,  which  shall  be the least restrictive conditions that will
 reasonably assure the principal's return to court AND REASONABLY  ASSURE
 THE  PRINCIPAL'S COMPLIANCE WITH COURT CONDITIONS. A PRINCIPAL SHALL NOT
 BE REQUIRED TO PAY FOR ANY PART OF THE COST OF RELEASE  ON  NON-MONETARY
 CONDITIONS.  Such conditions may include, among other conditions reason-
 able under the circumstances:
   (A) that the principal be in contact with a pretrial  services  agency
 serving principals in that county;
   (B)  that the principal abide by reasonable, specified restrictions on
 travel that are reasonably related to an actual risk of flight from  the
 jurisdiction, OR THAT THE PRINCIPAL SURRENDER HIS OR HER PASSPORT;
   (C)  that the principal refrain from possessing a firearm, destructive
 device or other dangerous weapon;
   (D) that, when it is shown pursuant to  subdivision  four  of  section
 510.45  of  this  title  that no other realistic [monetary] NON-MONETARY
 condition or set of non-monetary conditions will suffice  to  reasonably
 assure  the person's return to court, the person be placed in reasonable
 pretrial supervision with a pretrial services agency serving  principals
 in that county;
   (E)  THAT  THE PRINCIPAL REFRAIN FROM ASSOCIATING WITH CERTAIN PERSONS
 WHO ARE CONNECTED WITH THE INSTANT CHARGE, INCLUDING, WHEN  APPROPRIATE,
 SPECIFIED VICTIMS, WITNESSES, OR CO-DEFENDANTS;
   (F)  THAT  THE PRINCIPAL BE REFERRED TO A PRETRIAL SERVICES AGENCY FOR
 PLACEMENT IN MANDATORY PROGRAMMING, INCLUDING COUNSELING, TREATMENT, AND
 INTIMATE PARTNER VIOLENCE INTERVENTION PROGRAMS. WHERE  APPLICABLE,  THE
 COURT  MAY  DIRECT  THE  PRINCIPAL  BE REMOVED TO A HOSPITAL PURSUANT TO
 SECTION 9.43 OF THE MENTAL HYGIENE LAW;
   (G) THAT THE PRINCIPAL MAKE DILIGENT EFFORTS TO  MAINTAIN  EMPLOYMENT,
 HOUSING, OR ENROLLMENT IN SCHOOL OR EDUCATIONAL PROGRAMMING;
   (H)  THAT  THE  PRINCIPAL  OBEY  AN  ORDER OF PROTECTION ISSUED BY THE
 COURT, INCLUDING AN ORDER ISSUED PURSUANT  TO  SECTION  530.11  OF  THIS
 TITLE;
   (I)  THAT  THE PRINCIPAL OBEY CONDITIONS SET BY THE COURT ADDRESSED TO
 THE SAFETY OF A VICTIM OF A FAMILY OFFENSE AS DEFINED IN SECTION  530.11
 OF THIS TITLE INCLUDING CONDITIONS THAT MAY BE REQUESTED BY OR ON BEHALF
 OF THE VICTIM; AND
   (J)  that,  when  it is shown pursuant to paragraph (a) of subdivision
 four of section 510.40 of this title that no other  realistic  non-mone-
 tary condition or set of non-monetary conditions will suffice to reason-
 ably assure the principal's return to court, the principal's location be
 monitored  with  an approved electronic monitoring device, in accordance
 with such subdivision four of section 510.40 of this title. [A principal

 S. 7506--B                         304                        A. 9506--B

 shall not be required to pay for any part of  the  cost  of  release  on
 non-monetary conditions.]
   3-B. SUBDIVISION THREE-A OF THIS SECTION PRESENTS A NON-EXCLUSIVE LIST
 OF  CONDITIONS  THAT MAY BE CONSIDERED AND IMPOSED BY LAW, SINGULARLY OR
 IN COMBINATION, WHEN REASONABLE UNDER THE CIRCUMSTANCES OF  THE  DEFEND-
 ANT,  THE  CASE,  AND THE SITUATION OF THE DEFENDANT. THE COURT NEED NOT
 NECESSARILY ORDER ONE OR MORE SPECIFIC CONDITIONS FIRST BEFORE  ORDERING
 ONE OR MORE OR ADDITIONAL CONDITIONS.
   § 2. Subdivision 4 of section 510.10 of the criminal procedure law, as
 added  by  section  2  of part JJJ of chapter 59 of the laws of 2019, is
 amended to read as follows:
   4. Where the principal stands charged with a qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged
 with a qualifying offense which is a felony, the court  may  commit  the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (a)  a felony enumerated in section 70.02 of the penal law, other than
 [burglary in the second degree as defined in subdivision two of  section
 140.25  of  the penal law or] robbery in the second degree as defined in
 subdivision one of section 160.10 of the penal law,  PROVIDED,  HOWEVER,
 THAT  BURGLARY  IN  THE  SECOND  DEGREE AS DEFINED IN SUBDIVISION TWO OF
 SECTION 140.25 OF THE PENAL LAW SHALL BE A QUALIFYING OFFENSE ONLY WHERE
 THE DEFENDANT IS CHARGED WITH ENTERING THE LIVING AREA OF THE DWELLING;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c) a crime involving witness tampering under section  215.11,  215.12
 or 215.13 of the penal law;
   (d)  a class A felony defined in the penal law[, other than in article
 two hundred twenty of such law with the exception of section  220.77  of
 such  law], PROVIDED THAT FOR CLASS A FELONIES UNDER ARTICLE TWO HUNDRED
 TWENTY OF THE PENAL LAW, ONLY CLASS A-I FELONIES SHALL BE  A  QUALIFYING
 OFFENSE;
   (e) A SEX TRAFFICKING OFFENSE DEFINED IN SECTION 230.34 OR 230.34-A OF
 THE  PENAL  LAW, OR a felony sex offense defined in section 70.80 of the
 penal law, or a crime involving incest as  defined  in  section  255.25,
 255.26  or  255.27  of such law, or a misdemeanor defined in article one
 hundred thirty of such law;
   (f) conspiracy in the second degree as defined in  section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE THIRD  DEGREE
 AS  DEFINED  IN  SECTION  470.22  OF  THE PENAL LAW; MONEY LAUNDERING IN
 SUPPORT OF TERRORISM IN THE FOURTH DEGREE AS DEFINED IN  SECTION  470.21
 OF  THE  PENAL LAW; or a felony crime of terrorism as defined in article
 four hundred ninety of the penal law, other than the  crime  defined  in
 section 490.20 of such law;
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of

 S. 7506--B                         305                        A. 9506--B
 
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this [article] TITLE; [or]
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A
 CHILD AS DEFINED IN SECTION 263.10 OF THE PENAL LAW OR PROMOTING A SEXU-
 AL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.15 OF THE PENAL LAW;
   (J) ANY CRIME THAT IS ALLEGED TO HAVE  CAUSED  THE  DEATH  OF  ANOTHER
 PERSON;
   (K)  CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED
 IN SECTION 121.11 OF THE PENAL LAW, STRANGULATION IN THE  SECOND  DEGREE
 AS  DEFINED  IN SECTION 121.12 OF THE PENAL LAW OR UNLAWFUL IMPRISONMENT
 IN THE FIRST DEGREE AS DEFINED IN SECTION 135.10 OF THE PENAL  LAW,  AND
 IS ALLEGED TO HAVE COMMITTED THE OFFENSE AGAINST A MEMBER OF THE DEFEND-
 ANT'S  SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
 530.11 OF THIS TITLE;
   (L) AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A OF THE
 PENAL LAW OR VEHICULAR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION
 120.04 OF THE PENAL LAW;
   (M) ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION  120.00  OF  THE
 PENAL  LAW  OR ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION 150.10 OF
 THE PENAL LAW, WHEN SUCH CRIME IS CHARGED AS A HATE CRIME AS DEFINED  IN
 SECTION 485.05 OF THE PENAL LAW;
   (N)  AGGRAVATED  ASSAULT  UPON  A PERSON LESS THAN ELEVEN YEARS OLD AS
 DEFINED IN SECTION 120.12 OF THE PENAL LAW OR CRIMINAL POSSESSION  OF  A
 WEAPON  ON  SCHOOL  GROUNDS  AS DEFINED IN SECTION 265.01-A OF THE PENAL
 LAW;
   (O) GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION 155.42  OF
 THE PENAL LAW, ENTERPRISE CORRUPTION AS DEFINED IN SECTION 460.20 OF THE
 PENAL LAW, OR MONEY LAUNDERING IN THE FIRST DEGREE AS DEFINED IN SECTION
 470.20 OF THE PENAL LAW;
   (P)  FAILURE  TO  REGISTER  AS  A SEX OFFENDER PURSUANT TO SECTION ONE
 HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW OR ENDANGERING  THE  WELFARE
 OF  A CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION 260.10 OF THE PENAL
 LAW, WHERE THE DEFENDANT IS  REQUIRED  TO  MAINTAIN  REGISTRATION  UNDER
 ARTICLE  SIX-C OF THE CORRECTION LAW AND DESIGNATED A LEVEL THREE OFFEN-
 DER PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L  OF
 THE CORRECTION LAW;
   (Q)  A  CRIME  INVOLVING  BAIL JUMPING UNDER SECTION 215.55, 215.56 OR
 215.57 OF THE PENAL LAW, OR A  CRIME  INVOLVING  ESCAPING  FROM  CUSTODY
 UNDER SECTION 205.05, 205.10 OR 205.15 OF THE PENAL LAW;
   (R)  ANY  FELONY  OFFENSE  COMMITTED  BY THE PRINCIPAL WHILE SERVING A
 SENTENCE OF PROBATION OR WHILE RELEASED TO POST RELEASE SUPERVISION;
   (S) A FELONY, WHERE THE DEFENDANT QUALIFIES  FOR  SENTENCING  ON  SUCH
 CHARGE  AS A PERSISTENT FELONY OFFENDER PURSUANT TO SECTION 70.10 OF THE
 PENAL LAW; OR
   (T) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO  AN  IDENTIFI-
 ABLE  PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT OCCURRING
 WHILE THE DEFENDANT WAS RELEASED ON  HIS  OR  HER  OWN  RECOGNIZANCE  OR

 S. 7506--B                         306                        A. 9506--B
 
 RELEASED  UNDER  CONDITIONS FOR A SEPARATE FELONY OR CLASS A MISDEMEANOR
 INVOLVING HARM TO AN IDENTIFIABLE PERSON OR PROPERTY, PROVIDED, HOWEVER,
 THAT THE PROSECUTOR MUST SHOW  REASONABLE  CAUSE  TO  BELIEVE  THAT  THE
 DEFENDANT  COMMITTED THE INSTANT CRIME AND ANY UNDERLYING CRIME. FOR THE
 PURPOSES OF THIS SUBPARAGRAPH, ANY OF THE UNDERLYING CRIMES NEED NOT  BE
 A QUALIFYING OFFENSE AS DEFINED IN THIS SUBDIVISION.
   §  3. Paragraph (b) of subdivision 1 of section 530.20 of the criminal
 procedure law, as added by section 16 of part JJJ of chapter 59  of  the
 laws of 2019, is amended to read as follows:
   (b)  Where the principal stands charged with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a  qualifying  offense which is a felony, the court may commit the
 principal to the custody of the sheriff. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense when
 he or she stands charged with:
   (i)  a felony enumerated in section 70.02 of the penal law, other than
 [burglary in the second degree as defined in subdivision two of  section
 140.25  of  the penal law or] robbery in the second degree as defined in
 subdivision one of section 160.10 of the penal law,  PROVIDED,  HOWEVER,
 THAT  BURGLARY  IN  THE  SECOND  DEGREE AS DEFINED IN SUBDIVISION TWO OF
 SECTION 140.25 OF THE PENAL LAW SHALL BE A QUALIFYING OFFENSE ONLY WHERE
 THE DEFENDANT IS CHARGED WITH ENTERING THE LIVING AREA OF THE DWELLING;
   (ii) a crime involving witness intimidation under  section  215.15  of
 the penal law;
   (iii) a crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (iv) a class A felony defined in the penal law, [other than in article
 two  hundred  twenty of such law with the exception of section 220.77 of
 such law] PROVIDED, THAT FOR CLASS A FELONIES UNDER ARTICLE TWO  HUNDRED
 TWENTY  OF  SUCH  LAW,  ONLY  CLASS  A-I  FELONIES SHALL BE A QUALIFYING
 OFFENSE;
   (v) A SEX TRAFFICKING OFFENSE DEFINED IN SECTION 230.34 OR 230.34-A OF
 THE PENAL LAW, OR a felony sex offense defined in section 70.80  of  the
 penal  law  or  a  crime  involving incest as defined in section 255.25,
 255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
 hundred thirty of such law;
   (vi)  conspiracy  in the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (vii) money laundering in support of terrorism in the first degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal  law; MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE THIRD DEGREE
 AS DEFINED IN SECTION 470.22 OF  THE  PENAL  LAW;  MONEY  LAUNDERING  IN
 SUPPORT  OF  TERRORISM IN THE FOURTH DEGREE AS DEFINED IN SECTION 470.21
 OF THE PENAL LAW; or a felony crime of terrorism as defined  in  article
 four  hundred  ninety  of the penal law, other than the crime defined in
 section 490.20 of such law;
   (viii) criminal contempt in the second degree as defined  in  subdivi-
 sion  three of section 215.50 of the penal law, criminal contempt in the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of the penal law or aggravated criminal contempt as defined  in  section

 S. 7506--B                         307                        A. 9506--B
 
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article; [or]
   (ix) facilitating a sexual performance by a child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law, PROMOTING AN OBSCENE SEXUAL  PERFORMANCE  BY  A
 CHILD AS DEFINED IN SECTION 263.10 OF THE PENAL LAW OR PROMOTING A SEXU-
 AL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.15 OF THE PENAL LAW;
   (X)  ANY  CRIME  THAT  IS  ALLEGED TO HAVE CAUSED THE DEATH OF ANOTHER
 PERSON;
   (XI) CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED
 IN SECTION 121.11 OF THE PENAL LAW, STRANGULATION IN THE  SECOND  DEGREE
 AS  DEFINED  IN SECTION 121.12 OF THE PENAL LAW OR UNLAWFUL IMPRISONMENT
 IN THE FIRST DEGREE AS DEFINED IN SECTION 135.10 OF THE PENAL  LAW,  AND
 IS ALLEGED TO HAVE COMMITTED THE OFFENSE AGAINST A MEMBER OF THE DEFEND-
 ANT'S  SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
 530.11 OF THIS ARTICLE;
   (XII) AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION  120.04-A  OF
 THE  PENAL  LAW  OR  VEHICULAR ASSAULT IN THE FIRST DEGREE AS DEFINED IN
 SECTION 120.04 OF THE PENAL LAW;
   (XIII) ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF THE
 PENAL LAW OR ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION  150.10  OF
 THE  PENAL LAW, WHEN SUCH CRIME IS CHARGED AS A HATE CRIME AS DEFINED IN
 SECTION 485.05 OF THE PENAL LAW;
   (XIV) AGGRAVATED ASSAULT UPON A PERSON LESS THAN ELEVEN YEARS  OLD  AS
 DEFINED  IN  SECTION 120.12 OF THE PENAL LAW OR CRIMINAL POSSESSION OF A
 WEAPON ON SCHOOL GROUNDS AS DEFINED IN SECTION  265.01-A  OF  THE  PENAL
 LAW;
   (XV) GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION 155.42 OF
 THE PENAL LAW, ENTERPRISE CORRUPTION AS DEFINED IN SECTION 460.20 OF THE
 PENAL LAW, OR MONEY LAUNDERING IN THE FIRST DEGREE AS DEFINED IN SECTION
 470.20 OF THE PENAL LAW;
   (XVI)  FAILURE  TO  REGISTER AS A SEX OFFENDER PURSUANT TO SECTION ONE
 HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW OR ENDANGERING  THE  WELFARE
 OF  A CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION 260.10 OF THE PENAL
 LAW, WHERE THE DEFENDANT IS  REQUIRED  TO  MAINTAIN  REGISTRATION  UNDER
 ARTICLE  SIX-C OF THE CORRECTION LAW AND DESIGNATED A LEVEL THREE OFFEN-
 DER PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L  OF
 THE CORRECTION LAW;
   (XVII)  A CRIME INVOLVING BAIL JUMPING UNDER SECTION 215.55, 215.56 OR
 215.57 OF THE PENAL LAW, OR A  CRIME  INVOLVING  ESCAPING  FROM  CUSTODY
 UNDER SECTION 205.05, 205.10 OR 205.15 OF THE PENAL LAW;
   (XVIII)  ANY FELONY OFFENSE COMMITTED BY THE PRINCIPAL WHILE SERVING A
 SENTENCE OF PROBATION OR WHILE RELEASED TO POST RELEASE SUPERVISION;
   (XIX) A FELONY, WHERE THE DEFENDANT QUALIFIES FOR SENTENCING  ON  SUCH
 CHARGE  AS A PERSISTENT FELONY OFFENDER PURSUANT TO SECTION 70.10 OF THE
 PENAL LAW; OR
   (XX) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN  IDENTIFI-
 ABLE  PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT OCCURRING
 WHILE THE DEFENDANT WAS RELEASED ON  HIS  OR  HER  OWN  RECOGNIZANCE  OR
 RELEASED  UNDER  CONDITIONS FOR A SEPARATE FELONY OR CLASS A MISDEMEANOR

 S. 7506--B                         308                        A. 9506--B
 
 INVOLVING HARM TO AN IDENTIFIABLE PERSON OR PROPERTY, PROVIDED, HOWEVER,
 THAT THE PROSECUTOR MUST SHOW  REASONABLE  CAUSE  TO  BELIEVE  THAT  THE
 DEFENDANT  COMMITTED THE INSTANT CRIME AND ANY UNDERLYING CRIME. FOR THE
 PURPOSES  OF THIS SUBPARAGRAPH, ANY OF THE UNDERLYING CRIMES NEED NOT BE
 A QUALIFYING OFFENSE AS DEFINED IN THIS SUBDIVISION.
   § 4. Subdivision 4 of section 530.40 of the criminal procedure law, as
 added by section 18 of part JJJ of chapter 59 of the laws  of  2019,  is
 amended to read as follows:
   4.  Where  the principal stands charged with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a  qualifying  offense which is a felony, the court may commit the
 principal to the custody of the sheriff. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or  in writing. A principal stands charged with a qualifying offense for
 the purposes of this subdivision when he or she stands charged with:
   (a) a felony enumerated in section 70.02 of the penal law, other  than
 [burglary  in the second degree as defined in subdivision two of section
 140.25 of the penal law or] robbery in the second degree as  defined  in
 subdivision  one  of section 160.10 of the penal law, PROVIDED, HOWEVER,
 THAT BURGLARY IN THE SECOND DEGREE AS  DEFINED  IN  SUBDIVISION  TWO  OF
 SECTION 140.25 OF THE PENAL LAW SHALL BE A QUALIFYING OFFENSE ONLY WHERE
 THE DEFENDANT IS CHARGED WITH ENTERING THE LIVING AREA OF THE DWELLING;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c)  a  crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, [other than in  article
 two  hundred  twenty of such law with the exception of section 220.77 of
 such law] PROVIDED THAT FOR CLASS A FELONIES UNDER ARTICLE  TWO  HUNDRED
 TWENTY  OF  SUCH  LAW,  ONLY  CLASS  A-I  FELONIES SHALL BE A QUALIFYING
 OFFENSE;
   (e) A SEX TRAFFICKING OFFENSE DEFINED IN SECTION 230.34 OR 230.34-A OF
 THE PENAL LAW, OR a felony sex offense defined in section 70.80  of  the
 penal  law  or  a  crime  involving incest as defined in section 255.25,
 255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
 hundred thirty of such law;
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (g) money laundering in support of terrorism in the  first  degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal  law; MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE THIRD DEGREE
 AS DEFINED IN SECTION 470.22 OF  THE  PENAL  LAW;  MONEY  LAUNDERING  IN
 SUPPORT  OF  TERRORISM IN THE FOURTH DEGREE AS DEFINED IN SECTION 470.21
 OF THE PENAL LAW; or a felony crime of terrorism as defined  in  article
 four  hundred  ninety  of the penal law, other than the crime defined in
 section 490.20 of such law;
   (h) criminal contempt in the second degree as defined  in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of

 S. 7506--B                         309                        A. 9506--B
 
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article; [or]
   (i) facilitating a sexual performance by a  child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law, PROMOTING AN OBSCENE SEXUAL  PERFORMANCE  BY  A
 CHILD AS DEFINED IN SECTION 263.10 OF THE PENAL LAW OR PROMOTING A SEXU-
 AL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.15 OF THE PENAL LAW;
   (J)  ANY  CRIME  THAT  IS  ALLEGED TO HAVE CAUSED THE DEATH OF ANOTHER
 PERSON;
   (K) CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS  DEFINED
 IN  SECTION  121.11 OF THE PENAL LAW, STRANGULATION IN THE SECOND DEGREE
 AS DEFINED IN SECTION 121.12 OF THE PENAL LAW OR  UNLAWFUL  IMPRISONMENT
 IN  THE  FIRST DEGREE AS DEFINED IN SECTION 135.10 OF THE PENAL LAW, AND
 IS ALLEGED TO HAVE COMMITTED THE OFFENSE AGAINST A MEMBER OF THE DEFEND-
 ANT'S SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF  SECTION
 530.11 OF THIS ARTICLE;
   (L) AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A OF THE
 PENAL LAW OR VEHICULAR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION
 120.04 OF THE PENAL LAW;
   (M)  ASSAULT  IN  THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF THE
 PENAL LAW OR ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION  150.10  OF
 THE  PENAL LAW, WHEN SUCH CRIME IS CHARGED AS A HATE CRIME AS DEFINED IN
 SECTION 485.05 OF THE PENAL LAW;
   (N) AGGRAVATED ASSAULT UPON A PERSON LESS THAN  ELEVEN  YEARS  OLD  AS
 DEFINED  IN  SECTION 120.12 OF THE PENAL LAW OR CRIMINAL POSSESSION OF A
 WEAPON ON SCHOOL GROUNDS AS DEFINED IN SECTION  265.01-A  OF  THE  PENAL
 LAW;
   (O)  GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION 155.42 OF
 THE PENAL LAW, ENTERPRISE CORRUPTION AS DEFINED IN SECTION 460.20 OF THE
 PENAL LAW, OR MONEY LAUNDERING IN THE FIRST DEGREE AS DEFINED IN SECTION
 470.20 OF THE PENAL LAW;
   (P) FAILURE TO REGISTER AS A SEX  OFFENDER  PURSUANT  TO  SECTION  ONE
 HUNDRED  SIXTY-EIGHT-T  OF THE CORRECTION LAW OR ENDANGERING THE WELFARE
 OF A CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION 260.10 OF THE  PENAL
 LAW,  WHERE  THE  DEFENDANT  IS  REQUIRED TO MAINTAIN REGISTRATION UNDER
 ARTICLE SIX-C OF THE CORRECTION LAW AND DESIGNATED A LEVEL THREE  OFFEN-
 DER  PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L OF
 THE CORRECTION LAW;
   (Q) A CRIME INVOLVING BAIL JUMPING UNDER  SECTION  215.55,  215.56  OR
 215.57  OF  THE  PENAL  LAW,  OR A CRIME INVOLVING ESCAPING FROM CUSTODY
 UNDER SECTION 205.05, 205.10 OR 205.15 OF THE PENAL LAW;
   (R) ANY FELONY OFFENSE COMMITTED BY  THE  PRINCIPAL  WHILE  SERVING  A
 SENTENCE OF PROBATION OR WHILE RELEASED TO POST RELEASE SUPERVISION;
   (S)  A  FELONY,  WHERE  THE DEFENDANT QUALIFIES FOR SENTENCING ON SUCH
 CHARGE AS A PERSISTENT FELONY OFFENDER PURSUANT TO SECTION 70.10 OF  THE
 PENAL LAW; OR
   (T)  ANY  FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN IDENTIFI-
 ABLE PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT  OCCURRING
 WHILE  THE  DEFENDANT  WAS  RELEASED  ON  HIS OR HER OWN RECOGNIZANCE OR
 RELEASED UNDER CONDITIONS FOR A SEPARATE FELONY OR CLASS  A  MISDEMEANOR
 INVOLVING HARM TO AN IDENTIFIABLE PERSON OR PROPERTY, PROVIDED, HOWEVER,

 S. 7506--B                         310                        A. 9506--B
 
 THAT  THE  PROSECUTOR  MUST  SHOW  REASONABLE  CAUSE TO BELIEVE THAT THE
 DEFENDANT COMMITTED THE INSTANT CRIME AND ANY UNDERLYING CRIME. FOR  THE
 PURPOSES  OF THIS SUBPARAGRAPH, ANY OF THE UNDERLYING CRIMES NEED NOT BE
 A QUALIFYING OFFENSE AS DEFINED IN THIS SUBDIVISION.
   §  5.  Section  216  of  the  judiciary law is amended by adding a new
 subdivision 5 to read as follows:
   5. THE CHIEF ADMINISTRATOR OF THE  COURTS,  IN  CONJUNCTION  WITH  THE
 DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, SHALL COLLECT DATA AND REPORT
 EVERY SIX MONTHS REGARDING PRETRIAL RELEASE AND DETENTION. SUCH DATA AND
 REPORT SHALL CONTAIN  INFORMATION  CATEGORIZED  BY  GENDER,  RACIAL  AND
 ETHNIC  BACKGROUND;  REGARDING  THE  NATURE  OF  THE  CRIMINAL OFFENSES,
 INCLUDING THE TOP CHARGE OF EACH CASE; THE NUMBER AND TYPE OF CHARGES IN
 EACH DEFENDANT'S CRIMINAL RECORD; THE NUMBER OF INDIVIDUALS RELEASED  ON
 RECOGNIZANCE;  THE NUMBER OF INDIVIDUALS RELEASED ON NON-MONETARY CONDI-
 TIONS, INCLUDING THE  CONDITIONS  IMPOSED;  THE  NUMBER  OF  INDIVIDUALS
 COMMITTED TO THE CUSTODY OF A SHERIFF PRIOR TO TRIAL; THE RATES OF FAIL-
 URE  TO  APPEAR AND REARREST; THE OUTCOME OF SUCH CASES OR DISPOSITIONS;
 THE LENGTH OF THE PRETRIAL DETENTION STAY AND ANY OTHER SUCH INFORMATION
 AS THE CHIEF ADMINISTRATOR AND THE DIVISION OF CRIMINAL JUSTICE SERVICES
 MAY FIND NECESSARY AND APPROPRIATE. SUCH REPORT SHALL AGGREGATE THE DATA
 COLLECTED BY COUNTY; COURT, INCLUDING CITY, TOWN AND VILLAGE COURTS; AND
 JUDGE. THE DATA SHALL BE DISAGGREGATED IN ORDER TO PROTECT THE  IDENTITY
 OF  INDIVIDUAL  DEFENDANTS.  THE  REPORT  SHALL BE RELEASED PUBLICLY AND
 PUBLISHED ON THE WEBSITES OF THE OFFICE OF COURT ADMINISTRATION AND  THE
 DIVISION  OF  CRIMINAL  JUSTICE  SERVICES.  THE  FIRST  REPORT  SHALL BE
 PUBLISHED TWELVE MONTHS AFTER THIS SUBDIVISION SHALL HAVE BECOME A  LAW,
 AND SHALL INCLUDE DATA FROM THE FIRST SIX MONTHS FOLLOWING THE ENACTMENT
 OF  THIS  SECTION.    REPORTS  FOR SUBSEQUENT PERIODS SHALL BE PUBLISHED
 EVERY SIX MONTHS THEREAFTER.
   § 6. The executive law is amended by adding a  new  section  837-u  to
 read as follows:
   §  837-U.  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES, IN CONJUNCTION
 WITH THE CHIEF ADMINISTRATOR OF  THE  COURTS,  SHALL  COLLECT  DATA  AND
 REPORT  ANNUALLY REGARDING PRETRIAL RELEASE AND DETENTION. SUCH DATA AND
 REPORT SHALL CONTAIN  INFORMATION  CATEGORIZED  BY  GENDER,  RACIAL  AND
 ETHNIC  BACKGROUND;  REGARDING  THE  NATURE  OF  THE  CRIMINAL OFFENSES,
 INCLUDING THE TOP CHARGE OF EACH CASE; THE NUMBER AND TYPE OF CHARGES IN
 EACH DEFENDANT'S CRIMINAL RECORD; THE NUMBER OF INDIVIDUALS RELEASED  ON
 RECOGNIZANCE;  THE NUMBER OF INDIVIDUALS RELEASED ON NON-MONETARY CONDI-
 TIONS, INCLUDING THE  CONDITIONS  IMPOSED;  THE  NUMBER  OF  INDIVIDUALS
 COMMITTED TO THE CUSTODY OF A SHERIFF PRIOR TO TRIAL; THE RATES OF FAIL-
 URE  TO  APPEAR AND REARREST; THE OUTCOME OF SUCH CASES OR DISPOSITIONS;
 WHETHER THE DEFENDANT WAS REPRESENTED BY COUNSEL AT EVERY COURT  APPEAR-
 ANCE  REGARDING  THE  DEFENDANT'S  SECURING  ORDER;  THE  LENGTH  OF THE
 PRETRIAL DETENTION STAY AND ANY OTHER  SUCH  INFORMATION  AS  THE  CHIEF
 ADMINISTRATOR  AND  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES MAY FIND
 NECESSARY AND APPROPRIATE. SUCH ANNUAL REPORT SHALL AGGREGATE  THE  DATA
 COLLECTED BY COUNTY; COURT, INCLUDING CITY, TOWN AND VILLAGE COURTS; AND
 JUDGE.  THE DATA SHALL BE DISAGGREGATED IN ORDER TO PROTECT THE IDENTITY
 OF INDIVIDUAL DEFENDANTS. THE REPORT  SHALL  BE  RELEASED  PUBLICLY  AND
 PUBLISHED  ON THE WEBSITES OF THE OFFICE OF COURT ADMINISTRATION AND THE
 DIVISION OF  CRIMINAL  JUSTICE  SERVICES.  THE  FIRST  REPORT  SHALL  BE
 PUBLISHED  EIGHTEEN  MONTHS  AFTER THIS SECTION SHALL HAVE BECOME A LAW,
 AND SHALL INCLUDE DATA FROM THE FIRST TWELVE MONTHS FOLLOWING THE ENACT-
 MENT OF THIS SECTION. REPORTS FOR SUBSEQUENT YEARS  SHALL  BE  PUBLISHED
 ANNUALLY ON OR BEFORE THAT DATE THEREAFTER.

 S. 7506--B                         311                        A. 9506--B
 
   §  7. Paragraph (c) of subdivision 4 of section 510.40 of the criminal
 procedure law, as added by section 6 of part JJJ of chapter  59  of  the
 laws of 2019, is amended to read as follows:
   (c)  Electronic  monitoring  of  the  location  of  a principal may be
 conducted only by a public entity under the supervision and control of a
 county or municipality or a non-profit  entity  under  contract  to  the
 county,  municipality  or  the  state. A county or municipality shall be
 authorized to enter into a contract with another county or  municipality
 in  the  state  to  monitor  principals under non-monetary conditions of
 release in its county, but counties, municipalities and the state  shall
 not contract with any private for-profit entity for such purposes. COUN-
 TIES,  MUNICIPALITIES AND THE STATE MAY CONTRACT WITH A PRIVATE FOR-PRO-
 FIT ENTITY TO SUPPLY  ELECTRONIC  MONITORING  DEVICES  OR  OTHER  ITEMS,
 PROVIDED  THAT  ANY INTERACTION WITH PERSONS UNDER ELECTRONIC MONITORING
 OR THE DATA PRODUCED BY SUCH MONITORING SHALL  BE  CONDUCTED  SOLELY  BY
 EMPLOYEES  OF  A COUNTY, MUNICIPALITY, THE STATE, OR A NON-PROFIT ENTITY
 UNDER CONTRACT WITH SUCH COUNTY, MUNICIPALITY OR THE STATE.
   § 8. Subdivision 1 of section 150.40 of the criminal procedure law, as
 amended by section 1-c of part JJJ of chapter 59 of the laws of 2019, is
 amended to read as follows:
   1. An appearance ticket must be made returnable at a date as  soon  as
 possible,  but in no event later than twenty days from the date of issu-
 ance[,]; OR AT THE NEXT SCHEDULED SESSION OF THE APPROPRIATE LOCAL CRIM-
 INAL COURT IF SUCH SESSION IS SCHEDULED TO OCCUR MORE THAN  TWENTY  DAYS
 FROM  THE DATE OF ISSUANCE; or at a later date, with the court's permis-
 sion due to enrollment  in  a  pre-arraignment  diversion  program.  The
 appearance  ticket  shall  be  made returnable in a local criminal court
 designated in section 100.55 of this title as one with which an informa-
 tion for the offense in question may be filed.
   § 9. Section 530.45 of the criminal procedure law is amended by adding
 a new subdivision 2-a to read as follows:
   2-A. NOTWITHSTANDING THE PROVISIONS OF  SUBDIVISION  FOUR  OF  SECTION
 510.10,  PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 530.20 AND SUBDIVI-
 SION FOUR OF SECTION 530.40 OF THIS TITLE, WHEN A DEFENDANT CHARGED WITH
 AN OFFENSE THAT IS NOT SUCH A QUALIFYING OFFENSE IS  CONVICTED,  WHETHER
 BY  GUILTY  PLEA OR VERDICT, IN SUCH CRIMINAL ACTION OR PROCEEDING OF AN
 OFFENSE THAT IS NOT A QUALIFYING OFFENSE, THE COURT MAY,  IN  ACCORDANCE
 WITH LAW, ISSUE A SECURING ORDER: RELEASING THE DEFENDANT ON THE DEFEND-
 ANT'S  OWN  RECOGNIZANCE  OR UNDER NON-MONETARY CONDITIONS WHERE AUTHOR-
 IZED, FIX BAIL, OR REMAND THE DEFENDANT TO THE CUSTODY  OF  THE  SHERIFF
 WHERE AUTHORIZED.
   §  10.  The opening paragraph of section 530.50 of the criminal proce-
 dure law is designated subdivision 1 and a new subdivision 2 is added to
 read as follows:
   2. NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  FOUR  OF  SECTION
 510.10, PARAGRAPH (B)  OF SUBDIVISION ONE OF SECTION 530.20 AND SUBDIVI-
 SION FOUR OF SECTION 530.40 OF THIS TITLE, WHEN A DEFENDANT CHARGED WITH
 AN OFFENSE THAT IS NOT SUCH A QUALIFYING OFFENSE APPLIES, PENDING DETER-
 MINATION  OF  AN APPEAL, FOR AN ORDER OF RECOGNIZANCE OR RELEASE ON NON-
 MONETARY CONDITIONS, WHERE AUTHORIZED, OR FIXING BAIL, A  JUDGE  IDENTI-
 FIED   IN  SUBDIVISION  TWO  OF  SECTION  460.50  OR  PARAGRAPH  (A)  OF
 SUBDIVISION ONE OF SECTION 460.60 OF THIS  CHAPTER  MAY,  IN  ACCORDANCE
 WITH  LAW,  AND  EXCEPT  AS  OTHERWISE PROVIDED BY LAW, ISSUE A SECURING
 ORDER:  RELEASING THE DEFENDANT ON THE  DEFENDANT'S OWN RECOGNIZANCE  OR
 UNDER  NON-MONETARY CONDITIONS WHERE AUTHORIZED, FIXING BAIL, OR REMAND-
 ING THE DEFENDANT TO THE CUSTODY OF THE SHERIFF WHERE AUTHORIZED.

 S. 7506--B                         312                        A. 9506--B
 
   § 11. Section 510.43 of  the  criminal  procedure  law,  as  added  by
 section  7  of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 510.43 Court appearances: additional notifications.
   1.  The  court  or,  upon direction of the court, a certified pretrial
 services agency, shall notify all principals released under non-monetary
 conditions and on recognizance of all court appearances  in  advance  by
 text  message,  telephone call, electronic mail or first class mail. The
 chief administrator of the courts shall, pursuant to subdivision one  of
 section  10.40 of this chapter, develop a form which shall be offered to
 the principal at court appearances. On such form, which upon  completion
 shall  be  retained in the court file, the principal may select one such
 preferred manner of notice.
   2. SUCH FORM MAY REQUEST THE INFORMATION NECESSARY FOR  THE  DEFENDANT
 TO  BE  PROVIDED  WITH  NOTICE  IN ACCORDANCE WITH SUCH SINGLE, SELECTED
 MANNER OF NOTICE. AFTER NOTICE OF  SUCH  CONSEQUENCE,  A  DEFENDANT  WHO
 INTENTIONALLY  DECLINES  TO  PROVIDE  THE  INFORMATION NECESSARY FOR THE
 DEFENDANT TO BE PROVIDED WITH SUCH NOTICE PURSUANT TO THIS SECTION SHALL
 FORFEIT THE OPPORTUNITY TO  RECEIVE SUCH NOTICE UNTIL  SUCH  INFORMATION
 IS  TIMELY  PROVIDED.  ANY  FAILURE  BY  THE COURT OR CERTIFIED PRETRIAL
 SERVICES AGENCY TO PROVIDE NOTICE OF A SCHEDULED COURT APPEARANCE IN THE
 MANNER PROVIDED IN THIS SECTION SHALL NOT IN AND  OF  ITSELF  CONSTITUTE
 GROUNDS  OR  AUTHORIZATION  FOR THE DEFENDANT TO FAIL TO APPEAR FOR SUCH
 SCHEDULED COURT APPEARANCE.
   § 12. This act shall take effect on the ninetieth day after  it  shall
 have become a law.
 
                                  PART VV
 
   Section  1. Subdivision 2 of section 65.10 of the penal law is amended
 by adding a new paragraph (k-2) to read as follows:
   (K-2) (I) REFRAIN, UPON SENTENCING  FOR  A  CRIME  INVOLVING  UNLAWFUL
 SEXUAL CONDUCT COMMITTED AGAINST A METROPOLITAN TRANSPORTATION AUTHORITY
 PASSENGER,  CUSTOMER, OR EMPLOYEE OR A CRIME INVOLVING ASSAULT AGAINST A
 METROPOLITAN TRANSPORTATION AUTHORITY EMPLOYEE, COMMITTED IN OR  ON  ANY
 FACILITY OR CONVEYANCE OF THE METROPOLITAN TRANSPORTATION AUTHORITY OR A
 SUBSIDIARY  THEREOF  OR THE NEW YORK CITY TRANSIT AUTHORITY OR A SUBSID-
 IARY THEREOF, FROM USING OR ENTERING ANY OF  SUCH  AUTHORITY'S  SUBWAYS,
 TRAINS,  BUSES OR OTHER CONVEYANCES OR FACILITIES SPECIFIED BY THE COURT
 FOR A PERIOD OF UP TO  THREE  YEARS,  OR  A  SPECIFIED  PERIOD  OF  SUCH
 PROBATION  OR  CONDITIONAL DISCHARGE, WHICHEVER IS LESS. FOR PURPOSES OF
 THIS SECTION, A CRIME INVOLVING ASSAULT SHALL MEAN AN OFFENSE  DESCRIBED
 IN  ARTICLE  ONE  HUNDRED TWENTY OF THIS CHAPTER WHICH HAS AS AN ELEMENT
 THE CAUSING OF PHYSICAL INJURY OR SERIOUS PHYSICAL INJURY TO ANOTHER  AS
 WELL AS THE ATTEMPT THEREOF.
   (II)  THE  COURT  MAY,  IN ITS DISCRETION, SUSPEND, MODIFY OR CANCEL A
 CONDITION IMPOSED UNDER THIS PARAGRAPH IN THE INTEREST OF JUSTICE AT ANY
 TIME. IF THE PERSON DEPENDS ON THE AUTHORITY'S SUBWAYS,  TRAINS,  BUSES,
 OR  OTHER  CONVEYANCES  OR FACILITIES FOR TRIPS OF NECESSITY, INCLUDING,
 BUT NOT LIMITED TO, TRAVEL TO OR FROM  MEDICAL  OR  LEGAL  APPOINTMENTS,
 SCHOOL  OR  TRAINING  CLASSES  OR  PLACES OF EMPLOYMENT, OBTAINING FOOD,
 CLOTHING OR NECESSARY HOUSEHOLD  ITEMS,  OR  RENDERING  CARE  TO  FAMILY
 MEMBERS,  THE  COURT  MAY  MODIFY  SUCH CONDITION TO ALLOW FOR A TRIP OR
 TRIPS AS IN ITS DISCRETION ARE NECESSARY.
   (III) A PERSON AT LIBERTY AND SUBJECT TO A CONDITION UNDER THIS  PARA-
 GRAPH  WHO  APPLIES,  WITHIN  THIRTY  DAYS AFTER THE DATE SUCH CONDITION

 S. 7506--B                         313                        A. 9506--B
 
 BECOMES EFFECTIVE, FOR A REFUND OF ANY  PREPAID  FARE  AMOUNTS  RENDERED
 UNUSABLE IN WHOLE OR IN PART BY SUCH CONDITION INCLUDING, BUT NOT LIMIT-
 ED  TO,  A  MONTHLY  PASS,  SHALL  BE  ISSUED A REFUND OF THE AMOUNTS SO
 PREPAID.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.  Effective immediately, the metropolitan  transporta-
 tion  authority may adopt any rules, regulations, policies or procedures
 necessary to implement this act prior to the effective date of this act.
 
                                  PART WW
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds, determines and declares the following:
   The  planning, development and operation of the Hudson River Park as a
 public park continues to be a matter of state concern and importance  to
 the  state. As detailed in the 1998 law creating the park and the trust,
 chapter 592 of the laws of 1998, the  creation,  development,  operation
 and  maintenance  of  the Hudson River Park will enhance and protect the
 natural, cultural and historic aspects of the Hudson River, enhance  and
 afford  quality  public  access  to  the  river,  allow  for an array of
 cultural and recreational programs and provide a host  of  other  public
 benefits. The changes to the 1998 law by this act are intended to, after
 decades  of  delay  and inaction, finally  effectuate the park's general
 project plan as defined in chapter  592  of  the  laws  of  1998,  which
 continues  to  be  the operative planning document guiding park develop-
 ment, protection and reuse of a portion of the Hudson  River  waterfront
 in  lower Manhattan south of 59th street, and are intended to ensure the
 realization of that vision and the park's continuing viability for years
 to come. Nothing herein is intended  to  alter  or  override  any  prior
 determinations concerning park planning, development or operation.
   § 2. Paragraph (c) of subdivision 9 of section 7 of chapter 592 of the
 laws  of  1998,  constituting  the  Hudson river park act, as amended by
 chapter 517 of the laws of 2013, is amended to read as follows:
   (c) [The city of New York shall use best efforts to relocate  the  tow
 pound on Pier 76. Subsequent to relocation of the tow pound, the city of
 New  York  shall  promptly  convey to the trust a possessory interest in
 Pier 76 consistent with such interest previously conveyed  with  respect
 to  other  portions of the park, provided that at least fifty percent of
 the Pier 76 footprint shall be used for park uses that  are  limited  to
 passive and active open space and which shall be contiguous to water and
 provided further that the remaining portion shall be for park/commercial
 use.  Upon  such conveyance, Pier 76 shall become part of the park.] (I)
 ON OR BEFORE JULY 1, 2020, THE CITY OF NEW  YORK  SHALL  CONVEY  TO  THE
 STATE  OF NEW YORK UNDER THE JURISDICTION OF THE OFFICE OF PARKS, RECRE-
 ATION AND HISTORIC PRESERVATION ITS INTEREST IN PIER 76, WHO, UPON  SUCH
 CONVEYANCE  SHALL  IMMEDIATELY LEASE A POSSESSORY INTEREST TO THE TRUST.
 UPON SUCH CONVEYANCE, PIER 76 SHALL BECOME PART OF THE  PARK  AND  SHALL
 REMAIN  PART  OF THE PARK UNDER THE OPERATIONAL CONTROL OF THE TRUST AND
 FOLLOWING REDEVELOPMENT AT LEAST FIFTY PERCENT OF THE PIER 76  FOOTPRINT
 SHALL  BE USED FOR PARK USES THAT ARE LIMITED TO PASSIVE AND ACTIVE OPEN
 SPACE AND WHICH SHALL BE CONTIGUOUS TO WATER; AND PROVIDED FURTHER  THAT
 THE REMAINING PORTION SHALL BE FOR PARK/COMMERCIAL USE. (II) THE CITY OF
 NEW  YORK  SHALL,  PRIOR  TO DECEMBER 31, 2020, CEASE USING OR OCCUPYING
 PIER 76 FOR ANY PURPOSES. SHOULD THE CITY OF NEW YORK CONTINUE TO USE OR
 OCCUPY PIER 76 FOR ANY PURPOSE SUBSEQUENT TO DECEMBER 31, 2020, THE CITY
 OF NEW YORK SHALL (A) COMPENSATE THE  TRUST  IN  THE  AMOUNT  OF  TWELVE

 S. 7506--B                         314                        A. 9506--B
 
 MILLION  DOLLARS,  AND  (B)  BEGINNING FEBRUARY 1, 2021, PAY FEES IN THE
 AMOUNT OF THREE MILLION DOLLARS FOR EACH COMPLETE OR  PARTIAL  MONTH  OF
 OCCUPANCY.  (III)  ON  OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS  OF  2020 WHICH AMENDED THIS PARAGRAPH, THE TRUST SHALL BE ENTITLED
 TO TIMELY AND REASONABLE ACCESS TO PIER 76 FOR THE PURPOSE OF CONDUCTING
 ASSESSMENTS AND INSPECTIONS NECESSARY TO FURTHER REDEVELOPMENT  OF  PIER
 76  FOLLOWING  ITS  INCLUSION IN THE PARK.  (IV) BEGINNING JULY 1, 2020,
 THE CITY OF NEW YORK SHALL PERIODICALLY PREPARE AND SUBMIT A  REPORT  TO
 THE STATE OF NEW YORK, WITH A COPY TO THE TRUST, DETAILING ACTIONS TAKEN
 BY THE CITY OF NEW YORK TO RELOCATE THE TOW POUND. IN THE EVENT THAT THE
 CITY  PROVIDES  DEMONSTRABLE  EVIDENCE OF ITS EFFORT TO RELOCATE THE TOW
 POUND OR ANY OTHER CITY USES OF PIER 76, INITIATION  OF  AND  COMPLIANCE
 WITH  LAND USE REVIEW PROCESSES AND ENVIRONMENTAL REVIEW PROCESSES, SUCH
 AS, ISSUANCE OF A REQUEST FOR QUALIFICATIONS OR  REQUEST  FOR  PROPOSALS
 FOR  DESIGN OR CONSTRUCTION SERVICES FOR THE PROJECT; AND INITIATION AND
 COMPLETION OF CONSTRUCTION OF,  AND  RELOCATION  TO  A  REPLACEMENT  TOW
 POUND, THE STATE OF NEW YORK, IN ITS SOLE DISCRETION, MAY WAIVE THE FEES
 ASSESSED  IN  SUBPARAGRAPH  (III) OF THIS PARAGRAPH.  (V) THIS PARAGRAPH
 MAY BE ENFORCED BY A COURT OF COMPETENT JURISDICTION  AND  IN  ANY  SUIT
 BROUGHT  BY THE STATE, THROUGH THE ATTORNEY GENERAL, THE TRUST SHALL NOT
 BE A NECESSARY PARTY.
   § 3. This act shall take effect immediately.
 
                                  PART XX
 
   Section 1. The insurance law is amended by adding a new section 111 to
 read as follows:
   §  111.  INVESTIGATION  BY  THE   SUPERINTENDENT   WITH   RESPECT   TO
 PRESCRIPTION  DRUGS. (A) WHENEVER IT SHALL APPEAR TO THE SUPERINTENDENT,
 EITHER UPON COMPLAINT OR OTHERWISE, THAT IN THE ADVERTISEMENT,  PURCHASE
 OR  SALE  WITHIN  THIS  STATE OF ANY PRESCRIPTION DRUG, WHICH IS CONTEM-
 PLATED TO BE PAID BY A POLICY APPROVED BY THE  DEPARTMENT  FOR  OFFERING
 WITHIN  THE STATE, HAS INCREASED OVER THE COURSE OF ANY TWELVE MONTHS BY
 MORE THAN FIFTY PERCENT TO AN AMOUNT GREATER THAN FIVE DOLLARS PER  UNIT
 AND IF IT IS SUSPECTED THAT ANY PERSON, PARTNERSHIP, CORPORATION, COMPA-
 NY,  TRUST  OR ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF, SHALL HAVE
 EMPLOYED, OR EMPLOYS, OR IS ABOUT TO EMPLOY ANY DEVICE, SCHEME OR  ARTI-
 FICE TO DEFRAUD OR FOR OBTAINING MONEY OR PROPERTY BY MEANS OF ANY FALSE
 PRETENSE,  REPRESENTATION  OR  PROMISE, OR THAT ANY PERSON, PARTNERSHIP,
 CORPORATION, COMPANY, TRUST OR ASSOCIATION, OR  ANY  AGENT  OR  EMPLOYEE
 THEREOF,  SHALL HAVE MADE, MAKES OR ATTEMPTS TO MAKE WITHIN OR FROM THIS
 STATE OR SHALL HAVE ENGAGED IN OR ENGAGES IN OR IS ABOUT  TO  ENGAGE  IN
 ANY  PRACTICE  OR  TRANSACTION  OR  COURSE  OF  BUSINESS RELATING TO THE
 PURCHASE, EXCHANGE, OR SALE OF PRESCRIPTION DRUGS WHICH IS FRAUDULENT OR
 IN VIOLATION OF LAW AND WHICH HAS OPERATED OR WHICH WOULD OPERATE  AS  A
 FRAUD  UPON  THE  PURCHASER,  OR THAT ANY AGENT OR EMPLOYEE THEREOF, HAS
 SOLD OR OFFERED FOR SALE OR IS ATTEMPTING TO SELL  OR  IS  OFFERING  FOR
 SALE  ANY  PRESCRIPTION  DRUG  FOR  WHICH  THE PRICE HAS INCREASED FIFTY
 PERCENT OVER THE PRIOR CALENDAR YEAR TO  AN  AMOUNT  GREATER  THAN  FIVE
 DOLLARS PER UNIT, AND THE SUPERINTENDENT BELIEVES IT TO BE IN THE PUBLIC
 INTEREST  THAT  AN  INVESTIGATION  BE  MADE, HE OR SHE MAY IN THEIR SOLE
 DISCRETION EITHER REQUIRE OR PERMIT  SUCH  PERSON,  PARTNERSHIP,  CORPO-
 RATION, COMPANY, TRUST OR ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF,
 TO  FILE WITH THE DEPARTMENT A STATEMENT IN WRITING UNDER OATH OR OTHER-
 WISE AS TO ALL THE FACTS AND CIRCUMSTANCES CONCERNING THE PRICE INCREASE
 WHICH HE OR SHE BELIEVES IT TO BE IN THE PUBLIC INTEREST TO INVESTIGATE,

 S. 7506--B                         315                        A. 9506--B
 
 AND FOR THAT PURPOSE MAY PRESCRIBE  FORMS  UPON  WHICH  SUCH  STATEMENTS
 SHALL  BE  MADE. THE SUPERINTENDENT MAY ALSO REQUIRE SUCH OTHER DATA AND
 INFORMATION AS HE OR SHE MAY DEEM RELEVANT AND MAY MAKE SUCH SPECIAL AND
 INDEPENDENT INVESTIGATIONS AS HE OR SHE MAY DEEM NECESSARY IN CONNECTION
 WITH THE MATTER.
   (B) IN ADDITION TO ANY OTHER POWER GRANTED BY LAW, THE SUPERINTENDENT,
 HIS  OR  HER DEPUTY OR OTHER OFFICER DESIGNATED BY THE SUPERINTENDENT IS
 EMPOWERED TO SUBPOENA WITNESSES, COMPEL THEIR ATTENDANCE,  EXAMINE  THEM
 UNDER OATH AND REQUIRE THE PRODUCTION OF ANY BOOKS OR PAPERS WHICH HE OR
 SHE  DEEMS  RELEVANT OR MATERIAL TO THE INQUIRY.  SUCH POWER OF SUBPOENA
 SHALL BE ENFORCED AS THOUGH THE SUBPOENA WERE ISSUED UNDER SECTION THREE
 HUNDRED SIX OF THE FINANCIAL SERVICES LAW.
   (C) IF ANY PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCI-
 ATION, FAILS TO SUBMIT A WRITTEN STATEMENT REQUIRED BY  THE  SUPERINTEN-
 DENT  UNDER  SUBSECTION  (A)  OF  THIS SECTION OR FAILS TO COMPLY WITH A
 SUBPOENA ISSUED PURSUANT TO SUBSECTION (B) OF THIS SECTION,  THE  SUPER-
 INTENDENT  MAY,  AFTER NOTICE AND A HEARING, LEVY A CIVIL PENALTY NOT TO
 EXCEED TO ONE THOUSAND DOLLARS PER DAY THAT THE FAILURE CONTINUES.
   (D) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY INFORMATION  OBTAINED
 IN  AN  INVESTIGATION UNDER THIS SECTION SHALL BE CONFIDENTIAL AND SHALL
 NOT BE SUBJECT TO DISCLOSURE  BY  THE  DEPARTMENT  EXCEPT  TO  THE  DRUG
 ACCOUNTABILITY  BOARD,  WHICH  MAY REVIEW THE INFORMATION AND, AS NECES-
 SARY, INCLUDE ANY SUCH INFORMATION IN ITS REPORT. THE SUPERINTENDENT MAY
 ALSO DISCLOSE ANY SUCH INFORMATION NECESSARY TO PROTECT THE PUBLIC,  BUT
 SUCH  DISCLOSURES  SHALL  TO THE GREATEST EXTENT POSSIBLE NOT IDENTIFY A
 SPECIFIC MANUFACTURER OR PRICES CHARGED FOR DRUGS BY SUCH MANUFACTURER.
   § 2. The insurance law is amended by adding a new section 202 to  read
 as follows:
   §  202. DRUG ACCOUNTABILITY BOARD. (A) A NINE MEMBER DRUG ACCOUNTABIL-
 ITY BOARD IS HEREBY CREATED IN THE DEPARTMENT.
   (B) THE MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE SUPERINTENDENT,
 PROVIDED HOWEVER THAT ONE MEMBER SHALL BE APPOINTED AT THE SUGGESTION OF
 THE TEMPORARY PRESIDENT OF THE SENATE AND ONE MEMBER SHALL BE  APPOINTED
 AT  THE  SUGGESTION  OF  THE  SPEAKER OF THE ASSEMBLY, AND SHALL SERVE A
 THREE-YEAR TERM. MEMBERS MAY BE REAPPOINTED UPON THE COMPLETION OF OTHER
 TERMS. IN MAKING APPOINTMENTS TO THE BOARD THE SUPERINTENDENT SHALL GIVE
 CONSIDERATION TO PERSONS:
   (1) LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF MEDICINE  IN  THE
 STATE;
   (2) LICENSED AND ACTIVELY PRACTICING IN PHARMACY IN THE STATE;
   (3)  WITH  EXPERTISE  IN  DRUG  UTILIZATION REVIEW WHO ARE HEALTH CARE
 PROFESSIONALS LICENSED UNDER TITLE EIGHT OF THE EDUCATION  LAW  AND  WHO
 ARE PHARMACOLOGISTS;
   (4)  THAT  ARE  CONSUMERS OR CONSUMER REPRESENTATIVES OF ORGANIZATIONS
 WITH A REGIONAL OR STATEWIDE CONSTITUENCY AND WHO HAVE BEEN INVOLVED  IN
 ACTIVITIES RELATED TO HEALTH CARE CONSUMER ADVOCACY;
   (5) WHO ARE HEALTH CARE ECONOMISTS;
   (6) WHO ARE ACTUARIES; AND
   (7) WHO ARE EXPERTS FROM THE DEPARTMENT OF HEALTH.
   (C) THE SUPERINTENDENT SHALL DESIGNATE A PERSON FROM THE DEPARTMENT TO
 SERVE AS CHAIRPERSON OF THE BOARD.
   (D)  MEMBERS  OF THE BOARD AND ALL ITS AGENTS SHALL BE DEEMED TO BE AN
 "EMPLOYEE" FOR PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
   (E) (1) THE DEPARTMENT SHALL HAVE  AUTHORITY  ON  ALL  FISCAL  MATTERS
 RELATING TO THE BOARD.

 S. 7506--B                         316                        A. 9506--B
 
   (2) THE BOARD MAY UTILIZE OR REQUEST ASSISTANCE OF ANY STATE AGENCY OR
 AUTHORITY SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT.
   (F)  (1) WHENEVER THE SUPERINTENDENT DETERMINES IT WOULD AID AN INVES-
 TIGATION UNDER SECTION ONE HUNDRED ELEVEN OF THIS  CHAPTER,  THE  SUPER-
 INTENDENT  SHALL  REFER  A  DRUG TO THE BOARD FOR A REPORT THEREON TO BE
 PREPARED.
   (2) IF A DRUG IS REFERRED TO THE BOARD UNDER  PARAGRAPH  ONE  OF  THIS
 SUBSECTION THE BOARD SHALL DETERMINE:
   (A) THE DRUG'S IMPACT ON THE PREMIUM COSTS FOR COMMERCIAL INSURANCE IN
 THIS STATE, AND THE DRUG'S AFFORDABILITY AND VALUE TO THE PUBLIC;
   (B)  WHETHER INCREASES IN THE PRICE OF THE DRUG OVER TIME WERE SIGNIF-
 ICANT AND UNJUSTIFIED;
   (C) WHETHER THE DRUG MAY BE PRICED DISPROPORTIONATELY TO ITS THERAPEU-
 TIC BENEFITS; AND
   (D) ANY OTHER QUESTION THE SUPERINTENDENT MAY CERTIFY TO THE BOARD  IN
 AID  OF  AN INVESTIGATION UNDER SECTION ONE HUNDRED ELEVEN OF THIS CHAP-
 TER.
   (3) IN FORMULATING ITS DETERMINATIONS, THE BOARD MAY CONSIDER:
   (A) PUBLICLY AVAILABLE INFORMATION RELEVANT  TO  THE  PRICING  OF  THE
 DRUG;
   (B)  INFORMATION SUPPLIED BY THE DEPARTMENT RELEVANT TO THE PRICING OF
 THE DRUG;
   (C) INFORMATION RELATING TO VALUE-BASED PRICING;
   (D) THE SERIOUSNESS AND PREVALENCE OF THE DISEASE OR CONDITION THAT IS
 TREATED BY THE DRUG;
   (E) THE EXTENT OF UTILIZATION OF THE DRUG;
   (F) THE EFFECTIVENESS OF THE DRUG IN TREATING THE CONDITIONS FOR WHICH
 IT IS PRESCRIBED, OR IN IMPROVING A PATIENT'S HEALTH, QUALITY  OF  LIFE,
 OR OVERALL HEALTH OUTCOMES;
   (G) THE LIKELIHOOD THAT USE OF THE DRUG WILL REDUCE THE NEED FOR OTHER
 MEDICAL CARE, INCLUDING HOSPITALIZATION;
   (H)  THE  AVERAGE  WHOLESALE PRICE, WHOLESALE ACQUISITION COST, RETAIL
 PRICE OF THE DRUG, AND THE COST OF THE  DRUG  TO  THE  MEDICAID  PROGRAM
 MINUS REBATES RECEIVED BY THE STATE;
   (I)  IN  THE  CASE  OF  GENERIC  DRUGS,  THE  NUMBER OF PHARMACEUTICAL
 MANUFACTURERS THAT PRODUCE THE DRUG;
   (J) WHETHER THERE ARE PHARMACEUTICAL EQUIVALENTS TO THE DRUG;
   (K) INFORMATION SUPPLIED BY THE MANUFACTURER, IF ANY,  EXPLAINING  THE
 RELATIONSHIP BETWEEN THE PRICING OF THE DRUG AND THE COST OF DEVELOPMENT
 OF  THE  DRUG  AND/OR  THE  THERAPEUTIC  BENEFIT OF THE DRUG, OR THAT IS
 OTHERWISE PERTINENT TO THE MANUFACTURER'S  PRICING  DECISION;  ANY  SUCH
 INFORMATION  PROVIDED  SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT BE
 DISCLOSED BY THE DRUG UTILIZATION REVIEW BOARD IN A FORM THAT IDENTIFIES
 A SPECIFIC MANUFACTURER OR PRICES CHARGED FOR DRUGS BY SUCH  MANUFACTUR-
 ER; AND
   (L) INFORMATION FROM THE DEPARTMENT OF HEALTH, INCLUDING FROM THE DRUG
 UTILIZATION REVIEW BOARD.
   (4)  FOLLOWING  ITS REVIEW, THE BOARD SHALL REPORT ITS FINDINGS TO THE
 SUPERINTENDENT.  SUCH REPORT SHALL INCLUDE THE  DETERMINATIONS  REQUIRED
 BY  PARAGRAPH  TWO OF THIS SUBSECTION AND ANY OTHER INFORMATION REQUIRED
 BY THE SUPERINTENDENT.
   (G) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE PAPERS  AND  INFORMA-
 TION  CONSIDERED  BY THE BOARD AND ANY REPORT THEREOF SHALL BE CONFIDEN-
 TIAL AND NOT SUBJECT TO DISCLOSURE. THE SUPERINTENDENT, IN  HIS  OR  HER
 SOLE  DISCRETION,  MAY  DETERMINE THAT THE RELEASE OF THE BOARD'S REPORT
 WOULD NOT HARM AN ONGOING INVESTIGATION  AND  WOULD  BE  IN  THE  PUBLIC

 S. 7506--B                         317                        A. 9506--B
 
 INTEREST,  AND  THEREAFTER MAY RELEASE THE REPORT OR ANY PORTION THEREOF
 TO THE PUBLIC.
   (H) THE SUPERINTENDENT MAY CALL A PUBLIC HEARING ON THE DETERMINATIONS
 OF  THE BOARD, NOTICE OF SUCH HEARING SHALL BE GIVEN TO THE MANUFACTURER
 OF THE DRUG AND SHALL BE PUBLISHED ON THE WEBSITE OF THE DEPARTMENT  FOR
 NOT LESS THAN FIFTEEN DAYS BEFORE THE HEARING.
   § 3. The superintendent of financial services may promulgate any regu-
 lations necessary to interpret the provisions of this act, including but
 not  limited  to  regulations  relating  to  the  operations of the drug
 accountability board.
   § 4. This act shall take effect immediately.
 
                                  PART YY
 
   Section 1. Paragraphs 1 and 2 of subsection (a) of section 605 of  the
 financial  services  law, as amended by chapter 377 of the laws of 2019,
 are amended to read as follows:
   (1) When a health care plan receives a  bill  for  emergency  services
 from  a  non-participating  physician  or hospital, including a bill for
 inpatient services which follow an emergency room visit, the health care
 plan shall pay an amount that it determines is reasonable for the  emer-
 gency  services,  INCLUDING INPATIENT SERVICES WHICH FOLLOW AN EMERGENCY
 ROOM VISIT, rendered by the non-participating physician or hospital,  in
 accordance  with section three thousand two hundred twenty-four-a of the
 insurance law, except  for  the  insured's  co-payment,  coinsurance  or
 deductible,  if  any,  and  shall ensure that the insured shall incur no
 greater out-of-pocket costs for the emergency services, INCLUDING  INPA-
 TIENT  SERVICES  WHICH  FOLLOW AN EMERGENCY ROOM VISIT, than the insured
 would have incurred with a participating physician or hospital [pursuant
 to subsection (c) of section three thousand two hundred forty-one of the
 insurance law]. If an insured assigns benefits  to  a  non-participating
 PHYSICIAN OR hospital in relation to emergency services, INCLUDING INPA-
 TIENT  SERVICES  WHICH  FOLLOW AN EMERGENCY ROOM VISIT, provided by such
 non-participating PHYSICIAN OR hospital, the non-participating PHYSICIAN
 OR hospital may bill the health care plan for the  [emergency]  services
 rendered.  Upon  receipt of the bill, the health care plan shall pay the
 non-participating PHYSICIAN OR hospital the amount  prescribed  by  this
 section and any subsequent amount determined to be owed to the PHYSICIAN
 OR  hospital  in  relation to the emergency services provided, INCLUDING
 INPATIENT SERVICES WHICH FOLLOW AN EMERGENCY ROOM VISIT.
   (2) A non-participating physician or hospital or a  health  care  plan
 may  submit a dispute regarding a fee or payment for emergency services,
 INCLUDING INPATIENT SERVICES WHICH FOLLOW AN EMERGENCY ROOM  VISIT,  for
 review to an independent dispute resolution entity.
   §  2.  Paragraph  1  of subsection (b) of section 605 of the financial
 services law, as amended by chapter 377 of the laws of 2019, is  amended
 to read as follows:
   (1)  A  patient  that is not an insured or the patient's physician may
 submit a dispute regarding a fee for emergency services, INCLUDING INPA-
 TIENT SERVICES WHICH FOLLOW AN EMERGENCY ROOM VISIT, for  review  to  an
 independent  dispute  resolution entity upon approval of the superinten-
 dent.
   § 3. Section 606 of the financial services law, as added by section 26
 of part H of chapter 60 of the laws of  2014,  is  amended  to  read  as
 follows:

 S. 7506--B                         318                        A. 9506--B
 
   §  606.  Hold harmless and assignment of benefits [for surprise bills]
 for insureds. (A) When an insured assigns benefits for a  surprise  bill
 in  writing  to  a non-participating physician that knows the insured is
 insured under a health care plan, the non-participating physician  shall
 not bill the insured except for any applicable copayment, coinsurance or
 deductible  that  would  be owed if the insured utilized a participating
 physician.
   (B) WHEN AN INSURED ASSIGNS BENEFITS FOR EMERGENCY SERVICES, INCLUDING
 INPATIENT SERVICES WHICH FOLLOW AN EMERGENCY ROOM VISIT, TO A NON-PARTI-
 CIPATING PHYSICIAN OR HOSPITAL THAT KNOWS THE INSURED IS INSURED UNDER A
 HEALTH CARE PLAN, THE NON-PARTICIPATING PHYSICIAN OR HOSPITAL SHALL  NOT
 BILL  THE  INSURED  EXCEPT  FOR ANY APPLICABLE COPAYMENT, COINSURANCE OR
 DEDUCTIBLE THAT WOULD BE OWED IF THE INSURED  UTILIZED  A  PARTICIPATING
 PHYSICIAN OR HOSPITAL.
   §  4.  The  civil  practice  law  and rules is amended by adding a new
 section 213-d to read as follows:
   § 213-D. ACTIONS TO BE COMMENCED WITHIN THREE YEARS; MEDICAL DEBT.  AN
 ACTION  ON  A  MEDICAL DEBT BY A HOSPITAL LICENSED UNDER ARTICLE TWENTY-
 EIGHT OF THE PUBLIC HEALTH LAW OR A HEALTH CARE PROFESSIONAL  AUTHORIZED
 UNDER  TITLE  EIGHT OF THE EDUCATION LAW SHALL BE COMMENCED WITHIN THREE
 YEARS OF TREATMENT.
   § 5. Subsection (j) of section 3217-b of the insurance law,  as  added
 by chapter 297 of the laws of 2012, is amended to read as follows:
   (j)  (1)  [An]  NO  insurer shall [not] BY CONTRACT, WRITTEN POLICY OR
 PROCEDURE, OR BY ANY OTHER MEANS, deny payment  to  a  general  hospital
 certified  pursuant to article twenty-eight of the public health law for
 a claim for medically necessary inpatient services  [resulting  from  an
 emergency  admission],  OBSERVATION  SERVICES,  OR  EMERGENCY DEPARTMENT
 SERVICES provided by a general hospital solely on  the  basis  that  the
 general hospital did not [timely notify] COMPLY WITH CERTAIN ADMINISTRA-
 TIVE  REQUIREMENTS OF such insurer [that the services had been provided]
 WITH RESPECT TO THOSE SERVICES.
   (2) Nothing in this subsection shall preclude a general  hospital  and
 an  insurer  from  agreeing to CERTAIN ADMINISTRATIVE requirements [for]
 RELATING TO PAYMENT FOR INPATIENT  SERVICES,  OBSERVATION  SERVICES,  OR
 EMERGENCY  DEPARTMENT  SERVICES,  INCLUDING  BUT  NOT  LIMITED TO timely
 notification that medically necessary inpatient services [resulting from
 an emergency admission] have been provided and to reductions in  payment
 for failure to COMPLY WITH CERTAIN ADMINISTRATIVE REQUIREMENTS INCLUDING
 timely  [notify]    NOTIFICATION;  provided, however that: [(i)] (A) any
 requirement for timely notification must provide for a reasonable exten-
 sion of timeframes for notification for [emergency] services provided on
 weekends or federal holidays, [(ii)] (B)  any  agreed  to  reduction  in
 payment for failure to MEET ADMINISTRATIVE REQUIREMENTS, INCLUDING time-
 ly  [notify]  NOTIFICATION  shall not exceed [the lesser of two thousand
 dollars or twelve] SEVEN AND ONE-HALF  percent  of  the  payment  amount
 otherwise  due  for the services provided, and [(iii)] (C) any agreed to
 reduction in payment for failure  to  MEET  ADMINISTRATIVE  REQUIREMENTS
 INCLUDING  timely  [notify]  NOTIFICATION  shall  not  be imposed if the
 patient's insurance coverage could not be  determined  by  the  hospital
 after  reasonable  efforts  at  the  time  the [inpatient] services were
 provided.
   (3) THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO THE DENIAL OF
 A CLAIM:  (A) BASED ON A REASONABLE BELIEF BY AN  INSURER  OF  FRAUD  OR
 INTENTIONAL MISCONDUCT RESULTING IN MISREPRESENTATION OF PATIENT DIAGNO-
 SIS OR THE SERVICES PROVIDED, OR ABUSIVE BILLING; (B) WHEN REQUIRED BY A

 S. 7506--B                         319                        A. 9506--B
 
 STATE OR FEDERAL GOVERNMENT PROGRAM OR COVERAGE THAT IS PROVIDED BY THIS
 STATE OR A MUNICIPALITY THEREOF TO ITS RESPECTIVE EMPLOYEES, RETIREES OR
 MEMBERS;  (C)  THAT IS A DUPLICATE CLAIM, THAT IS A CLAIM SUBMITTED LATE
 PURSUANT  TO  SUBSECTION (G) OF SECTION THIRTY-TWO HUNDRED TWENTY-FOUR-A
 OF THIS ARTICLE, OR IS FOR SERVICES FOR A BENEFIT THAT  IS  NOT  COVERED
 UNDER  THE INSURED'S POLICY OR FOR A PATIENT DETERMINED TO BE INELIGIBLE
 FOR COVERAGE; (D) EXCEPT IN THE CASE OF  MEDICALLY  NECESSARY  INPATIENT
 SERVICES  RESULTING  FROM  AN EMERGENCY ADMISSION, WHERE THERE IS NOT AN
 EXISTING PARTICIPATING PROVIDER   AGREEMENT BETWEEN  AN  INSURER  AND  A
 GENERAL HOSPITAL; OR (E) WHERE THE HOSPITAL HAS REPEATEDLY AND SYSTEMAT-
 ICALLY,  OVER  THE  PREVIOUS  TWELVE  MONTH PERIOD, FAILED TO SEEK PRIOR
 AUTHORIZATION FOR SERVICES FOR WHICH PRIOR AUTHORIZATION WAS REQUIRED.
   (4) FOR PURPOSES OF THIS SUBSECTION, AN  "ADMINISTRATIVE  REQUIREMENT"
 SHALL  NOT  INCLUDE  REQUIREMENTS: (A) IMPOSED ON AN INSURER OR PROVIDER
 PURSUANT TO FEDERAL OR STATE  LAWS,  REGULATIONS  OR  GUIDANCE;  OR  (B)
 ESTABLISHED  BY  THE  STATE OR FEDERAL GOVERNMENT APPLICABLE TO INSURERS
 OFFERING BENEFITS UNDER A STATE OR FEDERAL GOVERNMENT PROGRAM.
   (5) THE PROHIBITION ON DENIALS SET FORTH IN THIS SUBSECTION SHALL  NOT
 APPLY  TO  CLAIMS  FOR SERVICES FOR WHICH A REQUEST FOR PREAUTHORIZATION
 WAS DENIED BY THE INSURER PRIOR TO DELIVERY OF THE SERVICE.
   § 6. Subsection (k) of section 4325 of the insurance law, as added  by
 chapter 297 of the laws of 2012, is amended to read as follows:
   (k) (1) [A] NO corporation organized under this article shall [not] BY
 WRITTEN  CONTRACT,  WRITTEN  POLICY OR PROCEDURE, OR BY ANY OTHER MEANS,
 deny payment to a general hospital certified pursuant to  article  twen-
 ty-eight  of  the  public health law for a claim for medically necessary
 inpatient services [resulting from an emergency admission],  OBSERVATION
 SERVICES,  OR EMERGENCY DEPARTMENT SERVICES provided by a general hospi-
 tal solely on the basis that the general hospital did not [timely  noti-
 fy]  COMPLY  WITH  CERTAIN  ADMINISTRATIVE REQUIREMENTS OF such [insurer
 that the services had been provided] CORPORATION WITH RESPECT  TO  THOSE
 SERVICES.
   (2) Nothing in this subsection shall preclude a general hospital and a
 corporation  from  agreeing to CERTAIN ADMINISTRATIVE requirements [for]
 RELATING TO PAYMENT FOR INPATIENT  SERVICES,  OBSERVATION  SERVICES,  OR
 EMERGENCY  DEPARTMENT  SERVICES,  INCLUDING,  BUT  NOT LIMITED TO timely
 notification that medically necessary inpatient services [resulting from
 an emergency admission] have been provided and to reductions in  payment
 for failure to COMPLY WITH CERTAIN ADMINISTRATIVE REQUIREMENTS INCLUDING
 timely  [notify]  NOTIFICATION;  provided,  however  that: [(i)] (A) any
 requirement for timely notification must provide for a reasonable exten-
 sion of timeframes for notification for [emergency] services provided on
 weekends or federal holidays, [(ii)] (B)  any  agreed  to  reduction  in
 payment for failure to MEET ADMINISTRATIVE REQUIREMENTS INCLUDING timely
 [notify]  NOTIFICATION  shall  not  exceed  [the  lesser of two thousand
 dollars or twelve] SEVEN AND ONE-HALF  percent  of  the  payment  amount
 otherwise  due  for the services provided, and [(iii)] (C) any agreed to
 reduction in payment FOR FAILURE  TO  MEET  ADMINISTRATIVE  REQUIREMENTS
 INCLUDING  TIMELY  NOTIFICATION  shall  not  be imposed if the patient's
 insurance coverage could not be determined by the hospital after reason-
 able efforts at the time the [inpatient] services were provided.
   (3) THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO THE DENIAL OF
 A CLAIM: (A) BASED ON A REASONABLE BELIEF OF A CORPORATION OF  FRAUD  OR
 INTENTIONAL MISCONDUCT RESULTING IN MISREPRESENTATION OF PATIENT DIAGNO-
 SIS  OR  THE SERVICES PROVIDED, OR ABUSIVE BILLING BY A CORPORATION; (B)
 WHEN REQUIRED BY A STATE OR FEDERAL GOVERNMENT PROGRAM OR COVERAGE  THAT

 S. 7506--B                         320                        A. 9506--B
 
 IS  PROVIDED  BY  THIS STATE OR A MUNICIPALITY THEREOF TO ITS RESPECTIVE
 EMPLOYEES, RETIREES OR MEMBERS; (C) THAT IS  A  DUPLICATE  CLAIM,  IS  A
 CLAIM  SUBMITTED  LATE  PURSUANT TO SUBSECTION (G) OF SECTION THIRTY-TWO
 HUNDRED  TWENTY-FOUR-A OF THIS ARTICLE, OR IS FOR SERVICES FOR A BENEFIT
 THAT IS NOT COVERED UNDER THE INSURED'S CONTRACT OR FOR A PATIENT DETER-
 MINED TO BE INELIGIBLE FOR COVERAGE; (D) EXCEPT IN THE CASE OF MEDICALLY
 NECESSARY INPATIENT SERVICES  RESULTING  FROM  AN  EMERGENCY  ADMISSION,
 WHERE  THERE IS NOT AN EXISTING PARTICIPATING PROVIDER AGREEMENT BETWEEN
 SUCH CORPORATION AND A GENERAL HOSPITAL; OR (E) WHERE THE  HOSPITAL  HAS
 REPEATEDLY  AND  SYSTEMATICALLY,  OVER THE PREVIOUS TWELVE MONTH PERIOD,
 FAILED TO SEEK  PRIOR AUTHORIZATION FOR SERVICES FOR WHICH PRIOR AUTHOR-
 IZATION WAS REQUIRED.
   (4) FOR PURPOSES OF THIS SUBSECTION, AN  "ADMINISTRATIVE  REQUIREMENT"
 SHALL NOT INCLUDE REQUIREMENTS: (A) IMPOSED ON A CORPORATION OR PROVIDER
 PURSUANT  TO  FEDERAL OR STATE LAWS, REGULATIONS OR GUIDANCE; (B) ESTAB-
 LISHED BY THE STATE OR FEDERAL  GOVERNMENT  APPLICABLE  TO  CORPORATIONS
 OFFERING BENEFITS UNDER A STATE OR FEDERAL GOVERNMENT PROGRAM.
   (5)  THE PROHIBITION ON DENIALS SET FORTH IN THIS SUBSECTION SHALL NOT
 APPLY TO CLAIMS FOR SERVICES FOR WHICH A  REQUEST  FOR  PREAUTHORIZATION
 WAS DENIED BY THE CORPORATION PRIOR TO DELIVERY OF THE SERVICE.
   §  7.  Subdivision  8  of  section 4406-c of the public health law, as
 added by chapter 297 of the laws of 2012, is amended to read as follows:
   8. (a) [A] NO health care plan shall [not] BY CONTRACT, WRITTEN POLICY
 OR PROCEDURE, OR BY ANY OTHER MEANS, deny payment to a general  hospital
 certified  pursuant  to article twenty-eight of this chapter for a claim
 for medically necessary inpatient services [resulting from an  emergency
 admission],  OBSERVATION  SERVICES,  OR  EMERGENCY  DEPARTMENT  SERVICES
 provided by a general hospital solely on  the  basis  that  the  general
 hospital  did not [timely notify such health care plan that the services
 had been provided] COMPLY WITH CERTAIN  ADMINISTRATIVE  REQUIREMENTS  OF
 SUCH HEALTH CARE PLAN WITH RESPECT TO THOSE SERVICES.
   (b)  Nothing in this subdivision shall preclude a general hospital and
 a health care plan from agreeing to CERTAIN ADMINISTRATIVE  requirements
 [for]  RELATING TO PAYMENT FOR INPATIENT SERVICES, OBSERVATION SERVICES,
 OR EMERGENCY DEPARTMENT SERVICES, INCLUDING, BUT NOT LIMITED TO,  timely
 notification that medically necessary inpatient services [resulting from
 an  emergency admission] have been provided and to reductions in payment
 for failure to COMPLY WITH CERTAIN ADMINISTRATIVE REQUIREMENTS INCLUDING
 timely [notify] NOTIFICATION; provided, however that: (i)  any  require-
 ment  for timely notification must provide for a reasonable extension of
 timeframes for notification for [emergency] services provided  on  week-
 ends  or  federal  holidays, (ii) any agreed to reduction in payment for
 failure to MEET ADMINISTRATIVE REQUIREMENTS, INCLUDING  timely  [notify]
 NOTIFICATION  shall  not  exceed  [the lesser of two thousand dollars or
 twelve] SEVEN AND ONE-HALF percent of the payment amount  otherwise  due
 for  the  service provided, and (iii) any agreed to reduction in payment
 FOR FAILURE TO MEET ADMINISTRATIVE REQUIREMENTS INCLUDING TIMELY NOTIFI-
 CATION shall not be imposed if  the  patient's  coverage  could  not  be
 determined  by  the  hospital  after  reasonable efforts at the time the
 [inpatient] services were provided.
   (C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  THE  DENIAL
 OF  A CLAIM:   (I) BASED ON A REASONABLE BELIEF OF A HEALTH CARE PLAN OF
 FRAUD OR INTENTIONAL MISCONDUCT  RESULTING  IN  A  MISREPRESENTATION  OF
 PATIENT  DIAGNOSIS  OR  THE  SERVICES PROVIDED, OR ABUSIVE BILLING; (II)
 WHEN REQUIRED BY A STATE OR FEDERAL GOVERNMENT PROGRAM OR COVERAGE  THAT
 IS  PROVIDED  BY  THIS STATE OR A MUNICIPALITY THEREOF TO ITS RESPECTIVE

 S. 7506--B                         321                        A. 9506--B
 
 EMPLOYEES, RETIREES OR MEMBERS; (III) THAT IS A DUPLICATE  CLAIM,  IS  A
 CLAIM  SUBMITTED  LATE  PURSUANT TO SUBSECTION (G) OF SECTION THIRTY-TWO
 HUNDRED TWENTY-FOUR-A OF THE INSURANCE LAW, OR IS  FOR  SERVICES  FOR  A
 BENEFIT  THAT  IS  NOT  COVERED  UNDER  THE  INSURED'S CONTRACT OR FOR A
 PATIENT DETERMINED TO BE INELIGIBLE FOR COVERAGE;  (IV)  EXCEPT  IN  THE
 CASE  OF  MEDICALLY NECESSARY INPATIENT SERVICES RESULTING FROM AN EMER-
 GENCY ADMISSION, WHERE THERE IS NOT AN EXISTING  PARTICIPATING  PROVIDER
 AGREEMENT  BETWEEN  A  HEALTH  CARE  PLAN AND A GENERAL HOSPITAL; OR (V)
 WHERE THE HOSPITAL HAS REPEATEDLY AND SYSTEMATICALLY, OVER THE  PREVIOUS
 TWELVE  MONTH  PERIOD,  FAILED TO SEEK  PRIOR AUTHORIZATION FOR SERVICES
 FOR WHICH PRIOR AUTHORIZATION WAS REQUIRED.
   (D) FOR PURPOSES OF THIS SUBDIVISION, AN "ADMINISTRATIVE  REQUIREMENT"
 SHALL  NOT  INCLUDE  REQUIREMENTS:  (I) IMPOSED ON A HEALTH CARE PLAN OR
 PROVIDER PURSUANT TO FEDERAL OR STATE LAWS, REGULATIONS OR GUIDANCE;  OR
 (II) ESTABLISHED BY THE STATE OR FEDERAL GOVERNMENT APPLICABLE TO HEALTH
 CARE  PLANS  OFFERING  BENEFITS  UNDER  A  STATE  OR  FEDERAL GOVERNMENT
 PROGRAM.
   (E) THE PROHIBITION ON DENIALS SET FORTH IN THIS SUBDIVISION SHALL NOT
 APPLY TO CLAIMS FOR SERVICES FOR WHICH A  REQUEST  FOR  PREAUTHORIZATION
 WAS DENIED BY THE HEALTH CARE PLAN PRIOR TO DELIVERY OF THE SERVICE.
   § 8. Subsection (b) of section 3224-a of the insurance law, as amended
 by chapter 237 of the laws of 2009, is amended to read as follows:
   (b) In a case where the obligation of an insurer or an organization or
 corporation  licensed  or  certified  pursuant to article forty-three or
 forty-seven of this chapter or article forty-four of the  public  health
 law  to  pay a claim or make a payment for health care services rendered
 is not reasonably clear due to a good faith dispute regarding the eligi-
 bility of a person for coverage, the liability  of  another  insurer  or
 corporation  or organization for all or part of the claim, the amount of
 the claim, the benefits covered under a contract or  agreement,  or  the
 manner in which services were accessed or provided, an insurer or organ-
 ization  or corporation shall pay any undisputed portion of the claim in
 accordance with this subsection and  notify  the  policyholder,  covered
 person  or  health care provider in writing, AND THROUGH THE INTERNET OR
 OTHER ELECTRONIC MEANS FOR CLAIMS SUBMITTED IN THAT MANNER, within thir-
 ty calendar days of the receipt of the claim:
   (1) that it is not obligated to pay the  claim  or  make  the  medical
 payment, stating the specific reasons why it is not liable; or
   (2)  to request all additional information needed to determine liabil-
 ity to pay the claim or make the health care payment; AND
   (3) OF THE SPECIFIC TYPE  OF  PLAN  OR  PRODUCT  THE  POLICYHOLDER  OR
 COVERED  PERSON  IS  ENROLLED  IN; PROVIDED THAT NOTHING IN THIS SECTION
 SHALL AUTHORIZE DISCRIMINATION BASED ON THE SOURCE OF PAYMENT.
   Upon receipt of the information requested in  paragraph  two  of  this
 subsection  or  an  appeal  of  a claim or bill for health care services
 denied pursuant to paragraph one  of  this  subsection,  an  insurer  or
 organization  or  corporation  licensed or certified pursuant to article
 forty-three or forty-seven of this chapter or article forty-four of  the
 public  health  law  shall  comply  with subsection (a) of this section;
 PROVIDED, THAT IF THE INSURER OR ORGANIZATION OR CORPORATION LICENSED OR
 CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER
 OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW DETERMINES  THAT  PAYMENT
 OR ADDITIONAL PAYMENT IS DUE ON THE CLAIM, SUCH PAYMENT SHALL BE MADE TO
 THE  POLICYHOLDER  OR  COVERED  PERSON  OR  HEALTH  CARE PROVIDER WITHIN
 FIFTEEN DAYS OF THE DETERMINATION.

 S. 7506--B                         322                        A. 9506--B
 
   § 9. Subsection (d) of section 3224-a of the insurance law, as amended
 by chapter 666 of the laws of 1997 and paragraph 2 as amended by section
 57-b of part A of chapter 56 of the laws of 2013, is amended to read  as
 follows:
   (d) For the purposes of this section:
   (1)  "policyholder" shall mean a person covered under such policy or a
 representative designated by such person; [and]
   (2) "health care provider" shall mean an entity licensed or  certified
 pursuant  to  article  twenty-eight,  thirty-six  or forty of the public
 health law, a facility licensed pursuant to article nineteen or  thirty-
 one  of  the  mental  hygiene law, a fiscal intermediary operating under
 section three hundred [sixty five-f] SIXTY-FIVE of the  social  services
 law, a health care professional licensed, registered or certified pursu-
 ant  to  title  eight  of  the education law, a dispenser or provider of
 pharmaceutical products, services or durable  medical  equipment,  or  a
 representative designated by such entity or person;
   (3) "PLAN OR PRODUCT" SHALL MEAN:
   (I)  MEDICAID  COVERAGE  PROVIDED  PURSUANT  TO  SECTION THREE HUNDRED
 SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW;
   (II) A CHILD HEALTH INSURANCE PLAN CERTIFIED PURSUANT TO SECTION TWEN-
 TY-FIVE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW;
   (III) BASIC HEALTH PROGRAM  COVERAGE  CERTIFIED  PURSUANT  TO  SECTION
 THREE  HUNDRED  SIXTY-NINE-GG  OF THE SOCIAL SERVICES LAW, INCLUDING THE
 SPECIFIC RATING GROUP THE POLICYHOLDER OR COVERED PERSON IS ENROLLED IN;
   (IV) COVERAGE PURCHASED ON THE NEW YORK INSURANCE EXCHANGE ESTABLISHED
 PURSUANT TO SECTION TWO HUNDRED SIXTY-EIGHT-B OF THE PUBLIC HEALTH  LAW;
 AND
   (V) ANY OTHER COMPREHENSIVE HEALTH INSURANCE COVERAGE SUBJECT TO ARTI-
 CLE  THIRTY-TWO, FORTY-THREE, OR FORTY-SEVEN OF THIS CHAPTER, OR ARTICLE
 FORTY-FOUR OF THE PUBLIC HEALTH LAW; AND
   (4) "EMERGENCY SERVICES" SHALL HAVE THE MEANING SET FORTH IN  SUBPARA-
 GRAPH  (D) OF PARAGRAPH NINE OF SUBSECTION (I) OF SECTION THREE THOUSAND
 TWO HUNDRED SIXTEEN OF THIS ARTICLE, SUBPARAGRAPH (D) OF PARAGRAPH  FOUR
 OF  SUBSECTION  (K)  OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF
 THIS ARTICLE AND SUBPARAGRAPH (D) OF PARAGRAPH TWO OF SUBSECTION (A)  OF
 SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAPTER.
   §  10. Subsection (i) of section 3224-a of the insurance law, as added
 by chapter 297 of the laws of 2012, is amended to read as follows:
   (i) Except where the parties have developed  a  mutually  agreed  upon
 process for the reconciliation of coding disputes that includes a review
 of  submitted  medical  records  to  ascertain  the  correct  coding for
 payment, a general hospital certified pursuant to  article  twenty-eight
 of  the  public health law shall, upon receipt of payment of a claim for
 which payment has been adjusted  based  on  a  particular  coding  to  a
 patient  including  the  assignment of diagnosis and procedure, have the
 opportunity to submit the affected claim with medical records supporting
 the hospital's initial coding of the claim within thirty days of receipt
 of payment. Upon receipt of such  medical  records,  an  insurer  or  an
 organization  or  corporation  licensed or certified pursuant to article
 forty-three or forty-seven of this chapter or article forty-four of  the
 public health law shall review such information to ascertain the correct
 coding  for  payment BASED ON NATIONAL CODING GUIDELINES ACCEPTED BY THE
 CENTERS FOR MEDICARE AND MEDICAID SERVICES OR THE AMERICAN MEDICAL ASSO-
 CIATION, TO THE EXTENT THERE ARE  CODES  FOR  SUCH  SERVICES,  INCLUDING
 ICD-10  GUIDELINES  TO  THE  EXTENT  AVAILABLE,  and  process the claim,
 INCLUDING THE CORRECT CODING, in  accordance  with  the  timeframes  set

 S. 7506--B                         323                        A. 9506--B
 
 forth  in  subsection  (a)  of  this  section. In the event the insurer,
 organization, or corporation processes the  claim  consistent  with  its
 initial determination, such decision shall be accompanied by a statement
 of  the  insurer, organization or corporation setting forth the specific
 reasons why the initial adjustment was appropriate. An  insurer,  organ-
 ization, or corporation that increases the payment based on the informa-
 tion  submitted  by the general hospital, [but fails to do so in accord-
 ance with the timeframes set forth in subsection (a) of  this  section,]
 shall  pay  to  the  general  hospital  interest  on  the amount of such
 increase at the rate set by the commissioner of taxation and finance for
 corporate taxes pursuant to paragraph one  of  [subdivision]  SUBSECTION
 (e)  of  section  one thousand ninety-six of the tax law, to be computed
 from [the end of the forty-five day period  after  resubmission  of  the
 additional  medical  record  information]  THE  DATE  THIRTY  DAYS AFTER
 INITIAL RECEIPT OF THE CLAIM IF TRANSMITTED ELECTRONICALLY OR FORTY-FIVE
 DAYS AFTER INITIAL RECEIPT OF THE  CLAIM  IF  TRANSMITTED  BY  PAPER  OR
 FACSIMILE.    Provided, however, a failure to remit timely payment shall
 not constitute a violation of this section.    Neither  the  initial  or
 subsequent  processing  of  the  claim  by the insurer, organization, or
 corporation shall be deemed  an  adverse  determination  as  defined  in
 section  four thousand nine hundred of this chapter if based solely on a
 coding determination. Nothing in this subsection shall  apply  to  those
 instances  in  which  the  insurer or organization, or corporation has a
 reasonable suspicion of fraud or abuse OR WHEN AN INSURER, ORGANIZATION,
 OR CORPORATION ENGAGES IN REASONABLE FRAUD, WASTE  AND  ABUSE  DETECTION
 EFFORTS; PROVIDED, HOWEVER, TO THE EXTENT ANY SUBSEQUENT PAYMENT ADJUST-
 MENTS ARE MADE AS A RESULT OF THE FRAUD, WASTE AND ABUSE DETECTION PROC-
 ESSES  OR  EFFORTS,  SUCH PAYMENT ADJUSTMENTS SHALL BE CONSISTENT ON THE
 CODING GUIDELINES REQUIRED BY THIS SUBSECTION.
   § 11. Section 3224-a of the insurance law is amended by adding  a  new
 subsection (k) to read as follows:
   (K)  THE  SUPERINTENDENT,  IN  CONJUNCTION  WITH  THE  COMMISSIONER OF
 HEALTH, SHALL CONVENE A HEALTH CARE ADMINISTRATIVE SIMPLIFICATION  WORK-
 GROUP.  THE  WORKGROUP  SHALL CONSIST OF STAKEHOLDERS, INCLUDING BUT NOT
 LIMITED TO, INSURERS,  HOSPITALS,  PHYSICIANS  AND  CONSUMERS  OR  THEIR
 REPRESENTATIVES,  TO STUDY AND EVALUATE MECHANISMS TO REDUCE HEALTH CARE
 ADMINISTRATIVE COSTS AND COMPLEXITIES THROUGH STANDARDIZATION, SIMPLIFI-
 CATION AND TECHNOLOGY. AREAS TO  BE  EXAMINED  BY  THE  WORKGROUP  SHALL
 INCLUDE  CLAIMS  SUBMISSION AND PAYMENT, CLAIMS ATTACHMENTS, PREAUTHORI-
 ZATION PRACTICES, PROVIDER CREDENTIALING, INSURANCE ELIGIBILITY  VERIFI-
 CATION,  AND  ACCESS  TO ELECTRONIC MEDICAL RECORDS. THE WORKGROUP SHALL
 REPORT ON ITS FINDINGS AND RECOMMENDATIONS TO  THE  SUPERINTENDENT,  THE
 COMMISSIONER  OF  HEALTH,  THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
 PRESIDENT OF THE SENATE WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE  OF
 THIS SUBSECTION.
   § 12. The insurance law is amended by adding a new section 345 to read
 as follows:
   §  345.  HEALTH  CARE  CLAIMS  REPORTS. AN INSURER AUTHORIZED TO WRITE
 ACCIDENT AND HEALTH INSURANCE IN  THE  STATE,  A  CORPORATION  ORGANIZED
 PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, OR A HEALTH MAINTENANCE
 ORGANIZATION  CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-FOUR OF THE PUBLIC
 HEALTH LAW SHALL REPORT TO THE SUPERINTENDENT QUARTERLY AND ANNUALLY  ON
 HEALTH  CARE  CLAIMS  PAYMENT  PERFORMANCE WITH RESPECT TO COMPREHENSIVE
 HEALTH INSURANCE COVERAGE. THE REPORTS SHALL BE SUBMITTED IN THE  MANNER
 AND FORM PRESCRIBED BY THE SUPERINTENDENT AFTER CONSULTATION WITH REPRE-
 SENTATIVES  OF  INSURERS  AND HEALTH CARE PROVIDERS BUT AT MINIMUM SHALL

 S. 7506--B                         324                        A. 9506--B
 
 INCLUDE THE NUMBER AND DOLLAR VALUE OF HEALTH CARE CLAIMS BY MAJOR  LINE
 OF  BUSINESS  AND  CATEGORIZED  AS FOLLOWS: HEALTH CARE CLAIMS RECEIVED,
 HEALTH CARE CLAIMS PAID, HEALTH  CARE  CLAIMS  PENDED  AND  HEALTH  CARE
 CLAIMS  DENIED  DURING THE RESPECTIVE QUARTER OR YEAR. THE DATA SHALL BE
 PROVIDED IN THE AGGREGATE AND BY MAJOR CATEGORY OF HEALTH CARE PROVIDER.
 THE REPORTS SHOULD ADDRESS ANY PATTERNS OR SUSPECTED  AREAS  OF  REVENUE
 MAXIMIZATION  THAT  MAY  HAVE CONTRIBUTED TO THE NUMBER OF DENIALS.  THE
 REPORTS SHALL BE DUE TO THE SUPERINTENDENT NO LATER THAN FORTY-FIVE DAYS
 AFTER THE END OF THE RESPECTIVE  QUARTER  OR  YEAR  AND  SHALL  BE  MADE
 PUBLICLY  AVAILABLE  INCLUDING  ON THE DEPARTMENT'S WEBSITE.  THE SUPER-
 INTENDENT, IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH,  MAY  PROMUL-
 GATE  REGULATIONS  REQUIRING ADDITIONAL REPORTING REQUIREMENTS ON INSUR-
 ERS, CORPORATIONS, OR HEALTH MAINTENANCE ORGANIZATIONS  OR  HEALTH  CARE
 PROVIDERS  TO ASSESS THE EFFECTIVENESS OF THE PAYMENT POLICIES SET FORTH
 IN THIS SECTION, WHICH MAY BE INFORMED BY THE  ADMINISTRATIVE  SIMPLIFI-
 CATION  WORKGROUP AUTHORIZED BY SUBSECTION (K) OF SECTION THREE THOUSAND
 TWO HUNDRED TWENTY-FOUR-A OF THIS CHAPTER.
   § 13. Paragraph (a) of subdivision 2 of section  4903  of  the  public
 health law, as amended by chapter 371 of the laws of 2015, is amended to
 read as follows:
   (a)  A utilization review agent shall make a utilization review deter-
 mination involving health care services which require  pre-authorization
 and  provide  notice  of  a  determination to the enrollee or enrollee's
 designee and the enrollee's health care provider  by  telephone  and  in
 writing  within three business days of receipt of the necessary informa-
 tion, OR FOR INPATIENT REHABILITATION SERVICES  FOLLOWING  AN  INPATIENT
 HOSPITAL  ADMISSION  PROVIDED BY A HOSPITAL OR SKILLED NURSING FACILITY,
 WITHIN ONE BUSINESS DAY OF RECEIPT OF THE NECESSARY INFORMATION.  To the
 extent practicable, such written notification to the  enrollee's  health
 care  provider shall be transmitted electronically, in a manner and in a
 form agreed upon by the parties.  The notification shall  identify;  (i)
 whether  the  services are considered in-network or out-of-network; (ii)
 and whether the enrollee will be held harmless for the services and  not
 be  responsible for any payment, other than any applicable co-payment or
 co-insurance; (iii) as applicable, the dollar  amount  the  health  care
 plan  will pay if the service is out-of-network; and (iv) as applicable,
 information explaining how an enrollee  may  determine  the  anticipated
 out-of-pocket   cost  for  out-of-network  health  care  services  in  a
 geographical area or zip code based upon the difference between what the
 health care plan will reimburse for out-of-network health care  services
 and  the  usual  and  customary  cost  for  out-of-network  health  care
 services.
   § 14. Subsection (a) of section 4902 of the insurance law  is  amended
 by adding a new paragraph 13 to read as follows:
   (13)  ESTABLISHMENT  OF  A  REQUIREMENT  THAT EMERGENCY DEPARTMENT AND
 INPATIENT HOSPITAL SERVICES RENDERED BY  A  GENERAL  HOSPITAL  CERTIFIED
 PURSUANT  TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW TO AN INSURED
 TO TREAT COVID-19 DURING A DECLARED STATE DISASTER EMERGENCY RELATED  TO
 COVID-19  SHALL  NOT BE DENIED ON RETROSPECTIVE REVIEW ON THE BASIS THAT
 SUCH SERVICES WERE NOT MEDICALLY NECESSARY.
   § 15. Subdivision 1 of section  4902  of  the  public  health  law  is
 amended by adding a new paragraph (k) to read as follows:
   (K) ESTABLISHMENT OF A REQUIREMENT THAT EMERGENCY DEPARTMENT AND INPA-
 TIENT  HOSPITAL SERVICES RENDERED BY A GENERAL HOSPITAL CERTIFIED PURSU-
 ANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER  TO  AN  ENROLLEE  TO  TREAT
 COVID-19  DURING A DECLARED STATE DISASTER EMERGENCY RELATED TO COVID-19

 S. 7506--B                         325                        A. 9506--B
 
 SHALL NOT BE DENIED ON RETROSPECTIVE  REVIEW  ON  THE  BASIS  THAT  SUCH
 SERVICES WERE NOT MEDICALLY NECESSARY.
   §  16.  Paragraph 1 of subsection (b) of section 4903 of the insurance
 law, as amended by chapter 371 of the laws of 2015, is amended  to  read
 as follows:
   (1)  A utilization review agent shall make a utilization review deter-
 mination involving health care services which require  pre-authorization
 and provide notice of a determination to the insured or insured's desig-
 nee  and  the insured's health care provider by telephone and in writing
 within three business days of receipt of the necessary  information,  OR
 FOR  INPATIENT  REHABILITATION  SERVICES FOLLOWING AN INPATIENT HOSPITAL
 ADMISSION PROVIDED BY A HOSPITAL OR SKILLED NURSING FACILITY, WITHIN ONE
 BUSINESS DAY OF RECEIPT OF THE NECESSARY INFORMATION.    To  the  extent
 practicable,  such  written  notification  to the enrollee's health care
 provider shall be transmitted electronically, in a manner and in a  form
 agreed upon by the parties.  The notification shall identify: (i) wheth-
 er the services are considered in-network or out-of-network; (ii) wheth-
 er the insured will be held harmless for the services and not be respon-
 sible   for   any   payment,   other  than  any  applicable  co-payment,
 co-insurance or deductible; (iii) as applicable, the dollar  amount  the
 health  care plan will pay if the service is out-of-network; and (iv) as
 applicable, information explaining how  an  insured  may  determine  the
 anticipated  out-of-pocket  cost for out-of-network health care services
 in a geographical area or zip code based  upon  the  difference  between
 what  the health care plan will reimburse for out-of-network health care
 services and the usual and customary cost for out-of-network health care
 services.
   § 17. Subdivision 3 of section 4904  of  the  public  health  law,  as
 amended  by chapter 586 of the laws of 1998 and paragraph (b) as further
 amended by section 104 of part A of chapter 62 of the laws of  2011,  is
 amended to read as follows:
   3.  A utilization review agent shall establish a standard appeal proc-
 ess which includes procedures for appeals to be filed in writing  or  by
 telephone. A utilization review agent must establish a period of no less
 than  forty-five  days  after receipt of notification by the enrollee of
 the initial utilization review determination and receipt of  all  neces-
 sary  information to file the appeal from said determination. The utili-
 zation review agent must provide written acknowledgment of the filing of
 the appeal to the appealing party within fifteen days of such filing and
 shall make a determination with regard  to  the  appeal  within  [sixty]
 THIRTY  days  of  the  receipt  of  necessary information to conduct the
 appeal AND, UPON OVERTURNING THE  ADVERSE  DETERMINATION,  SHALL  COMPLY
 WITH  SUBSECTION (A) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A
 OF THE INSURANCE LAW AS APPLICABLE. The utilization review  agent  shall
 notify the enrollee, the enrollee's designee and, where appropriate, the
 enrollee's health care provider, in writing, of the appeal determination
 within  two  business  days  of the rendering of such determination. The
 notice of the appeal determination shall include:
   (a) the reasons for the determination; provided, however,  that  where
 the  adverse determination is upheld on appeal, the notice shall include
 the clinical rationale for such determination; and
   (b) a notice of the enrollee's right to an  external  appeal  together
 with  a  description,  jointly  promulgated  by the commissioner and the
 superintendent of financial services as required pursuant to subdivision
 five of section forty-nine hundred fourteen  of  this  article,  of  the

 S. 7506--B                         326                        A. 9506--B
 
 external  appeal process established pursuant to title two of this arti-
 cle and the time frames for such external appeals.
   §  18. Subsection (c) of section 4904 of the insurance law, as amended
 by chapter 586 of the laws of 1998, is amended to read as follows:
   (c) A utilization review agent shall establish a standard appeal proc-
 ess which includes procedures for appeals to be filed in writing  or  by
 telephone. A utilization review agent must establish a period of no less
 than forty-five days after receipt of notification by the insured of the
 initial  utilization  review  determination and receipt of all necessary
 information to file the appeal from said determination. The  utilization
 review  agent  must  provide written acknowledgment of the filing of the
 appeal to the appealing party within fifteen days  of  such  filing  and
 shall  make  a  determination  with  regard to the appeal within [sixty]
 THIRTY days of the receipt  of  necessary  information  to  conduct  the
 appeal  AND,  UPON  OVERTURNING  THE ADVERSE DECISION, SHALL COMPLY WITH
 SUBSECTION (A) OF SECTION THREE THOUSAND TWO  HUNDRED  TWENTY-FOUR-A  OF
 THIS  CHAPTER  AS APPLICABLE.  The utilization review agent shall notify
 the  insured,  the  insured's  designee  and,  where  appropriate,   the
 insured's  health  care provider, in writing of the appeal determination
 within two business days of the rendering of such determination.
   The notice of the appeal determination shall include:
   (1) the reasons for the determination; provided, however,  that  where
 the  adverse determination is upheld on appeal, the notice shall include
 the clinical rationale for such determination; and
   (2) a notice of the insured's right to  an  external  appeal  together
 with  a  description,  jointly promulgated by the superintendent and the
 commissioner of health as required pursuant to subsection (e) of section
 four thousand nine hundred fourteen of this  article,  of  the  external
 appeal process established pursuant to title two of this article and the
 time frames for such external appeals.
   §  19.  Subsection (a) of section 4803 of the insurance law is amended
 by adding a new paragraph 3 to read as follows:
   (3) A NEWLY-LICENSED PHYSICIAN, A PHYSICIAN WHO HAS RECENTLY RELOCATED
 TO THIS STATE FROM ANOTHER STATE AND HAS  NOT  PREVIOUSLY  PRACTICED  IN
 THIS  STATE,  OR  A  PHYSICIAN  WHO  HAS  CHANGED  HIS  OR HER CORPORATE
 RELATIONSHIP SUCH THAT IT RESULTS IN THE ISSUANCE OF A NEW TAX IDENTIFI-
 CATION NUMBER UNDER WHICH SUCH PHYSICIAN'S SERVICES ARE BILLED  FOR  AND
 WHO PREVIOUSLY HAD A PARTICIPATION CONTRACT WITH THE INSURER IMMEDIATELY
 PRIOR  TO  THE EVENT THAT CHANGED HIS OR HER CORPORATE RELATIONSHIP, WHO
 BECOMES EMPLOYED BY A  GENERAL  HOSPITAL  OR  DIAGNOSTIC  AND  TREATMENT
 CENTER  LICENSED  PURSUANT  TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
 LAW, OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE THIRTY-ONE OR
 ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW WHICH HAS  A  PARTICIPATING
 PROVIDER  CONTRACT  WITH AN INSURER, AND WHOSE OTHER EMPLOYED PHYSICIANS
 PARTICIPATE IN THE IN-NETWORK PORTION OF AN INSURER'S NETWORK, SHALL  BE
 DEEMED  "PROVISIONALLY  CREDENTIALED" AND MAY PARTICIPATE IN THE IN-NET-
 WORK PORTION OF AN INSURER'S NETWORK DURING THIS TIME PERIOD  UPON:  (A)
 THE INSURER'S RECEIPT OF THE HOSPITAL AND PHYSICIAN'S COMPLETED SECTIONS
 OF  THE  INSURER'S  CREDENTIALING APPLICATION; AND (B) THE INSURER BEING
 NOTIFIED IN WRITING THAT THE HEALTH CARE PROFESSIONAL HAS  BEEN  GRANTED
 HOSPITAL PRIVILEGES PURSUANT TO THE REQUIREMENTS OF SECTION TWENTY-EIGHT
 HUNDRED  FIVE-K  OF  THE  PUBLIC  HEALTH  LAW.  HOWEVER, A PROVISIONALLY
 CREDENTIALED PHYSICIAN SHALL NOT BE DESIGNATED AS AN  INSURED'S  PRIMARY
 CARE  PHYSICIAN  UNTIL SUCH TIME AS THE PHYSICIAN HAS BEEN FULLY CREDEN-
 TIALED BY THE INSURER. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  AN
 INSURER  SHALL  NOT  BE  REQUIRED  TO  MAKE ANY PAYMENTS TO THE LICENSED

 S. 7506--B                         327                        A. 9506--B

 GENERAL HOSPITAL, THE LICENSED DIAGNOSTIC  AND  TREATMENT  CENTER  OR  A
 FACILITY  LICENSED  UNDER ARTICLE SIXTEEN, ARTICLE THIRTY-ONE OR ARTICLE
 THIRTY-TWO OF THE MENTAL HYGIENE LAW  FOR  THE  SERVICE  PROVIDED  BY  A
 PROVISIONALLY  CREDENTIALED PHYSICIAN, UNTIL AND UNLESS THE PHYSICIAN IS
 FULLY CREDENTIALED BY THE INSURER, PROVIDED, HOWEVER,  THAT  UPON  BEING
 FULLY CREDENTIALED, THE LICENSED GENERAL HOSPITAL, THE LICENSED DIAGNOS-
 TIC  AND  TREATMENT CENTER OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN,
 ARTICLE THIRTY-ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW SHALL
 BE PAID FOR ALL SERVICES PROVIDED BY THE PHYSICIAN FOR UP TO SIXTY  DAYS
 AFTER  SUBMISSION  OF  THE  COMPLETED  APPLICATION THAT THE CREDENTIALED
 PHYSICIAN PROVIDED TO THE INSURER'S SUBSCRIBERS OR MEMBERS FROM THE DATE
 THE PHYSICIAN FULLY MET THE REQUIREMENTS  TO  BE  PROVISIONALLY  CREDEN-
 TIALED  PURSUANT TO THIS PARAGRAPH. SHOULD THE APPLICATION ULTIMATELY BE
 DENIED BY THE INSURER, THE INSURER SHALL NOT BE LIABLE FOR  ANY  PAYMENT
 TO  THE LICENSED GENERAL HOSPITAL, THE LICENSED DIAGNOSTIC AND TREATMENT
 CENTER OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE  THIRTY-ONE
 OR  ARTICLE  THIRTY-TWO  OF  THE  MENTAL  HYGIENE  LAW  FOR THE SERVICES
 PROVIDED BY THE PROVISIONALLY CREDENTIALED HEALTH CARE PROFESSIONAL THAT
 EXCEEDS ANY OUT-OF-NETWORK BENEFITS PAYABLE UNDER THE INSURED'S CONTRACT
 WITH THE INSURER; AND THE LICENSED GENERAL HOSPITAL, THE LICENSED  DIAG-
 NOSTIC  AND  TREATMENT  CENTER  OR  A  FACILITY  LICENSED  UNDER ARTICLE
 SIXTEEN, ARTICLE THIRTY-ONE OR ARTICLE THIRTY-TWO OF THE MENTAL  HYGIENE
 LAW  SHALL  NOT PURSUE REIMBURSEMENT FROM THE INSURED, EXCEPT TO COLLECT
 THE COPAYMENT OR COINSURANCE OR DEDUCTIBLE AMOUNT THAT  OTHERWISE  WOULD
 HAVE  BEEN  PAYABLE HAD THE INSURED RECEIVED SERVICES FROM A HEALTH CARE
 PROFESSIONAL PARTICIPATING IN THE IN-NETWORK  PORTION  OF  AN  INSURER'S
 NETWORK.
   §  20.  Subdivision  1  of  section 4406-d of the public health law is
 amended by adding a new paragraph (c) to read as follows:
   (C) A NEWLY-LICENSED PHYSICIAN, A PHYSICIAN WHO HAS RECENTLY RELOCATED
 TO THIS STATE FROM ANOTHER STATE AND HAS  NOT  PREVIOUSLY  PRACTICED  IN
 THIS  STATE,  OR  A  PHYSICIAN  WHO  HAS  CHANGED  HIS  OR HER CORPORATE
 RELATIONSHIP SUCH THAT IT RESULTS IN THE ISSUANCE OF A NEW TAX IDENTIFI-
 CATION NUMBER UNDER WHICH SUCH PHYSICIAN'S SERVICES ARE BILLED  FOR  AND
 WHO  PREVIOUSLY  HAD  A PARTICIPATION CONTRACT WITH THE HEALTH CARE PLAN
 IMMEDIATELY PRIOR TO  THE  EVENT  THAT  CHANGED  HIS  OR  HER  CORPORATE
 RELATIONSHIP,  WHO  BECOMES EMPLOYED BY A GENERAL HOSPITAL OR DIAGNOSTIC
 AND TREATMENT CENTER LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT  OF  THIS
 CHAPTER,  OR  A FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE THIRTY-
 ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW WHICH HAS A  PARTIC-
 IPATING  PROVIDER  CONTRACT  WITH  A   HEALTH CARE PLAN, AND WHOSE OTHER
 EMPLOYED PHYSICIANS PARTICIPATE IN THE IN-NETWORK PORTION  OF  A  HEALTH
 CARE  PLAN'S  NETWORK,  SHALL BE DEEMED "PROVISIONALLY CREDENTIALED" AND
 MAY PARTICIPATE IN THE  IN-NETWORK  PORTION  OF  A  HEALTH  CARE  PLAN'S
 NETWORK DURING THIS TIME PERIOD UPON: (I) THE HEALTH CARE PLAN'S RECEIPT
 OF  THE  HOSPITAL  AND  PHYSICIAN'S  COMPLETED SECTIONS OF THE INSURER'S
 CREDENTIALING APPLICATION; AND (II) THE HEALTH CARE PLAN BEING  NOTIFIED
 IN  WRITING  THAT THE HEALTH CARE PROFESSIONAL HAS BEEN GRANTED HOSPITAL
 PRIVILEGES PURSUANT TO THE REQUIREMENTS OF SECTION TWENTY-EIGHT  HUNDRED
 FIVE-K  OF THIS CHAPTER. HOWEVER, A PROVISIONALLY CREDENTIALED PHYSICIAN
 SHALL NOT BE DESIGNATED AS AN ENROLLEE'S PRIMARY  CARE  PHYSICIAN  UNTIL
 SUCH  TIME  AS  THE  PHYSICIAN HAS BEEN FULLY CREDENTIALED BY THE HEALTH
 CARE PLAN. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  A  HEALTH  CARE
 PLAN  SHALL NOT BE REQUIRED TO MAKE ANY PAYMENTS TO THE LICENSED GENERAL
 HOSPITAL, THE LICENSED DIAGNOSTIC AND TREATMENT  CENTER  OR  A  FACILITY
 LICENSED UNDER ARTICLE SIXTEEN, ARTICLE THIRTY-ONE OR ARTICLE THIRTY-TWO

 S. 7506--B                         328                        A. 9506--B
 
 OF  THE  MENTAL  HYGIENE LAW FOR THE SERVICE PROVIDED BY A PROVISIONALLY
 CREDENTIALED PHYSICIAN, UNTIL AND UNLESS THE PHYSICIAN IS FULLY  CREDEN-
 TIALED BY THE HEALTH CARE PLAN, PROVIDED, HOWEVER, THAT UPON BEING FULLY
 CREDENTIALED, THE LICENSED GENERAL HOSPITAL, THE LICENSED DIAGNOSTIC AND
 TREATMENT  CENTER  OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE
 THIRTY-ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW SHALL BE PAID
 FOR ALL SERVICES PROVIDED BY THE PHYSICIAN FOR UP TO  SIXTY  DAYS  AFTER
 SUBMISSION  OF THE COMPLETED APPLICATION THAT THE CREDENTIALED PHYSICIAN
 PROVIDED TO THE HEALTH CARE PLAN'S INSUREDS FROM THE DATE THE  PHYSICIAN
 FULLY  MET THE REQUIREMENTS TO BE PROVISIONALLY CREDENTIALED PURSUANT TO
 THIS PARAGRAPH. SHOULD THE  APPLICATION  ULTIMATELY  BE  DENIED  BY  THE
 HEALTH  CARE  PLAN,  THE  HEALTH  CARE  PLAN SHALL NOT BE LIABLE FOR ANY
 PAYMENT TO THE LICENSED GENERAL HOSPITAL, THE  LICENSED  DIAGNOSTIC  AND
 TREATMENT  CENTER  OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE
 THIRTY-ONE OR ARTICLE THIRTY-TWO OF  THE  MENTAL  HYGIENE  LAW  FOR  THE
 SERVICES  PROVIDED BY THE PROVISIONALLY CREDENTIALED HEALTH CARE PROFES-
 SIONAL; AND THE LICENSED GENERAL HOSPITAL, THE LICENSED  DIAGNOSTIC  AND
 TREATMENT  CENTER  OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE
 THIRTY-ONE OR ARTICLE THIRTY-TWO OF THE MENTAL  HYGIENE  LAW  SHALL  NOT
 PURSUE  REIMBURSEMENT  FROM THE INSURED, EXCEPT TO COLLECT THE COPAYMENT
 OR COINSURANCE OR DEDUCTIBLE AMOUNT THAT OTHERWISE WOULD HAVE BEEN PAYA-
 BLE HAD THE INSURED RECEIVED SERVICES FROM A  HEALTH  CARE  PROFESSIONAL
 PARTICIPATING IN THE IN-NETWORK PORTION OF A HEALTH CARE PLAN'S NETWORK.
   §  21. This act shall take effect immediately; provided, however, that
 sections six through eleven and sections thirteen  through  eighteen  of
 this  act shall apply to services performed on or after January 1, 2021;
 and provided further, however, that section twelve  of  this  act  shall
 apply  to health care reports on and after January 1, 2022; and provided
 further, however, that sections nineteen and twenty of  this  act  shall
 apply  to  credentialing applications received on or after July 1, 2020.
 Provided further, however, that the  director  of  the  budget  may,  in
 consultation  with the commissioner of health, delay the effective dates
 prescribed herein for a period of time which  shall  not  exceed  ninety
 days  following  the  conclusion  or  termination  of an executive order
 issued pursuant to section 28 of the executive  law  declaring  a  state
 disaster emergency for the entire state of New York, upon such delay the
 director  of the budget shall notify the chairs of the assembly ways and
 means committee and senate finance  committee  and  the  chairs  of  the
 assembly  and  senate  health committee; provided further, however, that
 the director of the budget shall notify the  legislative  bill  drafting
 commission  upon the occurrence of a delay in the effective date of this
 act in order that the commission may maintain  an  accurate  and  timely
 effective data base of the official text of the laws of the state of New
 York  in furtherance of effectuating the provisions of section 44 of the
 legislative law and section 70-b of the public officers law.
 
                                  PART ZZ
 
   Section 1.  Subdivision (c) of section 1261 of the tax law is  amended
 by adding a new paragraph 7 to read as follows:
   (7)  IN  ORDER  TO  PROVIDE CRITICAL SUPPORT TO FINANCIALLY DISTRESSED
 HOSPITALS AND NURSING HOME FACILITIES THROUGHOUT THE  STATE,  THE  COMP-
 TROLLER  SHALL,  BY APRIL FIFTEENTH, TWO THOUSAND TWENTY, AND BY JANUARY
 FIRST OF EACH YEAR THEREAFTER, DETERMINE EACH COUNTY'S PERCENTAGE  SHARE
 OF THE TOTAL AGGREGATE NET COLLECTIONS OF ALL COUNTIES, EXCLUDING A CITY
 WITH A POPULATION OF ONE MILLION OR MORE, FOR THE ONE-YEAR PERIOD ENDING

 S. 7506--B                         329                        A. 9506--B
 
 NOVEMBER  THIRTIETH  OF THE PRECEDING YEAR, AND WITHHOLD FROM THE TAXES,
 PENALTIES AND INTEREST IMPOSED BY EACH COUNTY, EXCLUDING A CITY HAVING A
 POPULATION OF ONE MILLION OR MORE, AN AMOUNT EQUAL  TO  THE  PRODUCT  OF
 SUCH  COUNTY'S PERCENTAGE SHARE AND FIFTY MILLION DOLLARS.  SUCH AMOUNTS
 SHALL BE WITHHELD IN FOUR QUARTERLY INSTALLMENTS ON  JANUARY  FIFTEENTH,
 APRIL  FIFTEENTH,  JULY  FIFTEENTH  AND  OCTOBER FIFTEENTH, AND SHALL BE
 DEPOSITED INTO THE NEW YORK STATE AGENCY TRUST FUND, DISTRESSED PROVIDER
 ASSISTANCE ACCOUNT. PROVIDED, HOWEVER, FOR THE  TAX  JURISDICTIONS  THAT
 ARE  SUBJECT  TO  PARAGRAPHS  THREE  AND FIVE-A OF THIS SUBDIVISION, THE
 COMPTROLLER SHALL DEPOSIT SUCH AMOUNT TO THE NEW YORK STATE AGENCY TRUST
 FUND, DISTRESSED PROVIDER ASSISTANCE ACCOUNT AFTER FUNDS ARE DISTRIBUTED
 PURSUANT TO SUCH PARAGRAPHS THREE AND FIVE-A OF THIS SUBDIVISION.
   § 2. Subparagraph (ii) of paragraph 5 of subdivision  (c)  of  section
 1261  of  the tax law, as amended by section 6-b of part G of chapter 59
 of the laws of 2019,  is amended to read as follows:
   (ii) After withholding the taxes, penalties and  interest  imposed  by
 the  city  of  New York on and after August first, two thousand eight as
 provided in subparagraph (i) of this paragraph,  the  comptroller  shall
 withhold  a  portion of such taxes, penalties and interest sufficient to
 deposit annually into the  central  business  district  tolling  capital
 lockbox  established  pursuant  to section five hundred fifty-three-j of
 the public authorities law: (A) in state fiscal year two thousand  nine-
 teen  -  two  thousand  twenty,  one  hundred  twenty-seven million five
 hundred thousand dollars; (B) in state fiscal year two thousand twenty -
 two thousand twenty-one, one hundred seventy million dollars; [and]  (C)
 in  state  fiscal year two thousand twenty-one - two thousand twenty-two
 and every succeeding state fiscal year, an amount equal to  one  hundred
 one  percent  of the amount deposited in the immediately preceding state
 fiscal year. The funds shall be deposited monthly in equal installments.
 During the period that the comptroller is required to  withhold  amounts
 and  make payments described in this paragraph, the city of New York has
 no right, title or interest in or to those taxes, penalties and interest
 required to be paid into the above referenced central business  district
 tolling  capital  lockbox. IN ADDITION, THE COMPTROLLER SHALL WITHHOLD A
 PORTION OF SUCH TAXES, PENALTIES AND  INTEREST  IN  THE  AMOUNT  OF  TWO
 HUNDRED  MILLION  DOLLARS, TO BE WITHHELD IN FOUR QUARTERLY INSTALLMENTS
 ON JANUARY  FIFTEENTH,  APRIL  FIFTEENTH,  JULY  FIFTEENTH  AND  OCTOBER
 FIFTEENTH OF EACH YEAR, AND SHALL DEPOSIT SUCH AMOUNTS INTO THE NEW YORK
 STATE AGENCY TRUST FUND, DISTRESSED PROVIDER ASSISTANCE ACCOUNT.
   § 3. Notwithstanding sections one and two of this act, the comptroller
 shall defer withholding the total value of withholdings which would have
 occurred on April 15, 2020, July 15, 2020, October 15, 2020, and January
 15,  2021 pursuant to sections one and two of this act until January 15,
 2021 at which time the comptroller shall withhold the  full  $50,000,000
 installment  set  forth  in  section  one  of  this  act  and  the  full
 $200,000,000 installment set forth in section two of this act.
   § 4. Section 363-c of the social services law is amended by  adding  a
 new subdivision 4 to read as follows:
   4. NOTWITHSTANDING ANY LAWS OR REGULATIONS TO THE CONTRARY, ALL SOCIAL
 SERVICES DISTRICTS, PROVIDERS AND OTHER RECIPIENTS OF MEDICAL ASSISTANCE
 PROGRAM  FUNDS  SHALL MAKE AVAILABLE TO THE COMMISSIONER OR THE DIRECTOR
 OF THE DIVISION OF BUDGET IN A PROMPT FASHION ALL FISCAL AND STATISTICAL
 RECORDS AND REPORTS, OTHER CONTEMPORANEOUS RECORDS  DEMONSTRATING  THEIR
 RIGHT  TO RECEIVE PAYMENT, AND ALL UNDERLYING BOOKS, RECORDS, DOCUMENTA-
 TION AND REPORTS, WHICH MAY BE REQUESTED  BY  THE  COMMISSIONER  OR  THE
 DIRECTOR OF THE DIVISION OF THE BUDGET AS MAY BE DETERMINED NECESSARY TO

 S. 7506--B                         330                        A. 9506--B
 
 MANAGE AND OVERSEE THE MEDICAID PROGRAM PROVIDED HOWEVER, ANY PERSONALLY
 IDENTIFYING  INFORMATION  OBTAINED  PURSUANT  TO  THIS SUBDIVISION SHALL
 REMAIN CONFIDENTIAL AND SHALL BE USED SOLELY FOR THE  PURPOSES  OF  THIS
 SUBDIVISION.
   §  5.  This  act  shall  take  effect  immediately and shall be deemed
 repealed two years after such effective date.
 
                                 PART AAA
 
   Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
 of the laws of 1986, amending the civil practice law and rules and other
 laws relating  to  malpractice  and  professional  medical  conduct,  as
 amended  by  section  1  of part F of chapter 57 of the laws of 2019, is
 amended to read as follows:
   (a) The superintendent of financial services and the  commissioner  of
 health  or  their  designee  shall, from funds available in the hospital
 excess liability pool created pursuant to subdivision 5 of this section,
 purchase a policy or policies for excess insurance coverage, as  author-
 ized  by  paragraph 1 of subsection (e) of section 5502 of the insurance
 law; or from an insurer, other than an insurer described in section 5502
 of the insurance law, duly authorized to write such coverage and actual-
 ly writing  medical  malpractice  insurance  in  this  state;  or  shall
 purchase equivalent excess coverage in a form previously approved by the
 superintendent  of  financial  services for purposes of providing equiv-
 alent excess coverage in accordance with section 19 of  chapter  294  of
 the  laws of 1985, for medical or dental malpractice occurrences between
 July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30,  1988,
 between  July  1,  1988 and June 30, 1989, between July 1, 1989 and June
 30, 1990, between July 1, 1990 and June 30, 1991, between July  1,  1991
 and  June 30, 1992, between July 1, 1992 and June 30, 1993, between July
 1, 1993 and June 30, 1994, between July  1,  1994  and  June  30,  1995,
 between  July  1,  1995 and June 30, 1996, between July 1, 1996 and June
 30, 1997, between July 1, 1997 and June 30, 1998, between July  1,  1998
 and  June 30, 1999, between July 1, 1999 and June 30, 2000, between July
 1, 2000 and June 30, 2001, between July  1,  2001  and  June  30,  2002,
 between  July  1,  2002 and June 30, 2003, between July 1, 2003 and June
 30, 2004, between July 1, 2004 and June 30, 2005, between July  1,  2005
 and  June 30, 2006, between July 1, 2006 and June 30, 2007, between July
 1, 2007 and June 30, 2008, between July  1,  2008  and  June  30,  2009,
 between  July  1,  2009 and June 30, 2010, between July 1, 2010 and June
 30, 2011, between July 1, 2011 and June 30, 2012, between July  1,  2012
 and  June 30, 2013, between July 1, 2013 and June 30, 2014, between July
 1, 2014 and June 30, 2015, between July  1,  2015  and  June  30,  2016,
 between  July  1,  2016 and June 30, 2017, between July 1, 2017 and June
 30, 2018, between July 1, 2018 and June 30, 2019, [and] between July  1,
 2019  and  June  30, 2020, AND BETWEEN JULY 1, 2020 AND JUNE 30, 2021 or
 reimburse the hospital where the hospital  purchases  equivalent  excess
 coverage  as defined in subparagraph (i) of paragraph (a) of subdivision
 1-a of this  section  for  medical  or  dental  malpractice  occurrences
 between  July  1,  1987 and June 30, 1988, between July 1, 1988 and June
 30, 1989, between July 1, 1989 and June 30, 1990, between July  1,  1990
 and  June 30, 1991, between July 1, 1991 and June 30, 1992, between July
 1, 1992 and June 30, 1993, between July  1,  1993  and  June  30,  1994,
 between  July  1,  1994 and June 30, 1995, between July 1, 1995 and June
 30, 1996, between July 1, 1996 and June 30, 1997, between July  1,  1997
 and  June 30, 1998, between July 1, 1998 and June 30, 1999, between July

 S. 7506--B                         331                        A. 9506--B
 
 1, 1999 and June 30, 2000, between July  1,  2000  and  June  30,  2001,
 between  July  1,  2001 and June 30, 2002, between July 1, 2002 and June
 30, 2003, between July 1, 2003 and June 30, 2004, between July  1,  2004
 and  June 30, 2005, between July 1, 2005 and June 30, 2006, between July
 1, 2006 and June 30, 2007, between July  1,  2007  and  June  30,  2008,
 between  July  1,  2008 and June 30, 2009, between July 1, 2009 and June
 30, 2010, between July 1, 2010 and June 30, 2011, between July  1,  2011
 and  June 30, 2012, between July 1, 2012 and June 30, 2013, between July
 1, 2013 and June 30, 2014, between July  1,  2014  and  June  30,  2015,
 between  July  1,  2015 and June 30, 2016, between July 1, 2016 and June
 30, 2017, between July 1, 2017 and June 30, 2018, between July  1,  2018
 and  June  30,  2019,  [and] between July 1, 2019 and June 30, 2020, AND
 BETWEEN JULY 1, 2020 AND JUNE 30, 2021 for physicians or dentists certi-
 fied as eligible for each such period or periods pursuant to subdivision
 2 of this section by a general hospital licensed pursuant to article  28
 of  the  public  health law; provided that no single insurer shall write
 more than fifty percent of the total excess premium for a  given  policy
 year;  and  provided, however, that such eligible physicians or dentists
 must have in force an individual policy, from  an  insurer  licensed  in
 this  state  of  primary malpractice insurance coverage in amounts of no
 less than one million three hundred thousand dollars for  each  claimant
 and  three million nine hundred thousand dollars for all claimants under
 that policy during the period of such excess coverage  for  such  occur-
 rences  or  be  endorsed as additional insureds under a hospital profes-
 sional liability policy which is offered through a  voluntary  attending
 physician ("channeling") program previously permitted by the superinten-
 dent of financial services during the period of such excess coverage for
 such occurrences. During such period, such policy for excess coverage or
 such  equivalent  excess  coverage  shall, when combined with the physi-
 cian's or dentist's primary malpractice insurance coverage  or  coverage
 provided through a voluntary attending physician ("channeling") program,
 total  an  aggregate level of two million three hundred thousand dollars
 for each claimant and six million nine hundred thousand dollars for  all
 claimants  from all such policies with respect to occurrences in each of
 such years provided, however, if the cost of primary malpractice  insur-
 ance  coverage  in  excess  of one million dollars, but below the excess
 medical malpractice insurance coverage provided pursuant  to  this  act,
 exceeds  the  rate of nine percent per annum, then the required level of
 primary malpractice insurance coverage in excess of one million  dollars
 for  each  claimant  shall  be  in an amount of not less than the dollar
 amount of such  coverage  available  at  nine  percent  per  annum;  the
 required  level  of  such  coverage  for all claimants under that policy
 shall be in an amount not less than three times  the  dollar  amount  of
 coverage for each claimant; and excess coverage, when combined with such
 primary  malpractice  insurance  coverage,  shall increase the aggregate
 level for each claimant by one million dollars and three million dollars
 for all claimants; and provided further, that, with respect to  policies
 of primary medical malpractice coverage that include occurrences between
 April  1,  2002  and June 30, 2002, such requirement that coverage be in
 amounts no less than one million three hundred thousand dollars for each
 claimant and three million nine hundred thousand dollars for all  claim-
 ants for such occurrences shall be effective April 1, 2002.
   §  2.  Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
 amending the civil practice law and rules and  other  laws  relating  to
 malpractice and professional medical conduct, as amended by section 2 of
 part F of chapter 57 of the laws of 2019, is amended to read as follows:

 S. 7506--B                         332                        A. 9506--B
 
   (3)(a)  The  superintendent  of financial services shall determine and
 certify to each general hospital and to the commissioner of  health  the
 cost  of  excess malpractice insurance for medical or dental malpractice
 occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
 and  June 30, 1989, between July 1, 1989 and June 30, 1990, between July
 1, 1990 and June 30, 1991, between July  1,  1991  and  June  30,  1992,
 between  July  1,  1992 and June 30, 1993, between July 1, 1993 and June
 30, 1994, between July 1, 1994 and June 30, 1995, between July  1,  1995
 and  June 30, 1996, between July 1, 1996 and June 30, 1997, between July
 1, 1997 and June 30, 1998, between July  1,  1998  and  June  30,  1999,
 between  July  1,  1999 and June 30, 2000, between July 1, 2000 and June
 30, 2001, between July 1, 2001 and June 30, 2002, between July  1,  2002
 and  June 30, 2003, between July 1, 2003 and June 30, 2004, between July
 1, 2004 and June 30, 2005, between July  1,  2005  and  June  30,  2006,
 between  July  1,  2006 and June 30, 2007, between July 1, 2007 and June
 30, 2008, between July 1, 2008 and June 30, 2009, between July  1,  2009
 and  June 30, 2010, between July 1, 2010 and June 30, 2011, between July
 1, 2011 and June 30, 2012, between July 1, 2012 and June 30,  2013,  and
 between  July  1,  2013 and June 30, 2014, between July 1, 2014 and June
 30, 2015, between July 1, 2015 and June 30, 2016, and  between  July  1,
 2016  and June 30, 2017, between July 1, 2017 and June 30, 2018, between
 July 1, 2018 and June 30, 2019, [and] between July 1, 2019 and June  30,
 2020,  AND  BETWEEN  JULY  1,  2020  AND JUNE 30, 2021 allocable to each
 general hospital for physicians or dentists certified  as  eligible  for
 purchase  of  a  policy  for  excess  insurance coverage by such general
 hospital in accordance with subdivision 2 of this section, and may amend
 such determination and certification as necessary.
   (b) The superintendent  of  financial  services  shall  determine  and
 certify  to  each general hospital and to the commissioner of health the
 cost of excess malpractice insurance or equivalent excess  coverage  for
 medical  or dental malpractice occurrences between July 1, 1987 and June
 30, 1988, between July 1, 1988 and June 30, 1989, between July  1,  1989
 and  June 30, 1990, between July 1, 1990 and June 30, 1991, between July
 1, 1991 and June 30, 1992, between July  1,  1992  and  June  30,  1993,
 between  July  1,  1993 and June 30, 1994, between July 1, 1994 and June
 30, 1995, between July 1, 1995 and June 30, 1996, between July  1,  1996
 and  June 30, 1997, between July 1, 1997 and June 30, 1998, between July
 1, 1998 and June 30, 1999, between July  1,  1999  and  June  30,  2000,
 between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
 30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
 and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
 1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
 between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June
 30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
 and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
 1, 2012 and June 30, 2013, between July  1,  2013  and  June  30,  2014,
 between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
 30, 2016, between July 1, 2016 and June 30, 2017, between July  1,  2017
 and June 30, 2018, between July 1, 2018 and June 30, 2019, [and] between
 July  1,  2019  and June 30, 2020, AND BETWEEN JULY 1, 2020 AND JUNE 30,
 2021 allocable to each  general  hospital  for  physicians  or  dentists
 certified  as  eligible  for  purchase  of a policy for excess insurance
 coverage or equivalent excess  coverage  by  such  general  hospital  in
 accordance with subdivision 2 of this section, and may amend such deter-
 mination and certification as necessary. The superintendent of financial
 services shall determine and certify to each general hospital and to the

 S. 7506--B                         333                        A. 9506--B
 
 commissioner  of  health the ratable share of such cost allocable to the
 period July 1, 1987 to December 31, 1987, to the period January 1,  1988
 to  June  30,  1988, to the period July 1, 1988 to December 31, 1988, to
 the  period January 1, 1989 to June 30, 1989, to the period July 1, 1989
 to December 31, 1989, to the period January 1, 1990 to June 30, 1990, to
 the period July 1, 1990 to December 31, 1990, to the period  January  1,
 1991  to June 30, 1991, to the period July 1, 1991 to December 31, 1991,
 to the period January 1, 1992 to June 30, 1992, to the  period  July  1,
 1992  to  December  31,  1992, to the period January 1, 1993 to June 30,
 1993, to the period July 1, 1993 to December 31,  1993,  to  the  period
 January 1, 1994 to June 30, 1994, to the period July 1, 1994 to December
 31,  1994, to the period January 1, 1995 to June 30, 1995, to the period
 July 1, 1995 to December 31, 1995, to the period January 1, 1996 to June
 30, 1996, to the period July 1, 1996 to December 31, 1996, to the period
 January 1, 1997 to June 30, 1997, to the period July 1, 1997 to December
 31, 1997, to the period January 1, 1998 to June 30, 1998, to the  period
 July 1, 1998 to December 31, 1998, to the period January 1, 1999 to June
 30, 1999, to the period July 1, 1999 to December 31, 1999, to the period
 January 1, 2000 to June 30, 2000, to the period July 1, 2000 to December
 31,  2000, to the period January 1, 2001 to June 30, 2001, to the period
 July 1, 2001 to June 30, 2002, to the period July 1, 2002  to  June  30,
 2003, to the period July 1, 2003 to June 30, 2004, to the period July 1,
 2004  to June 30, 2005, to the period July 1, 2005 and June 30, 2006, to
 the period July 1, 2006 and June 30, 2007, to the period  July  1,  2007
 and  June 30, 2008, to the period July 1, 2008 and June 30, 2009, to the
 period July 1, 2009 and June 30, 2010, to the period July  1,  2010  and
 June  30,  2011,  to  the  period July 1, 2011 and June 30, 2012, to the
 period July 1, 2012 and June 30, 2013, to the period July  1,  2013  and
 June  30,  2014,  to  the  period July 1, 2014 and June 30, 2015, to the
 period July 1, 2015 and June 30, 2016, to the period July  1,  2016  and
 June 30, 2017, to the period July 1, 2017 to June 30, 2018, to the peri-
 od  July  1,  2018 to June 30, 2019, [and] to the period July 1, 2019 to
 June 30, 2020, AND TO THE PERIOD JULY 1, 2020 TO JUNE 30, 2021.
   § 3.   Paragraphs (a), (b), (c), (d)  and  (e)  of  subdivision  8  of
 section  18 of chapter 266 of the laws of 1986, amending the civil prac-
 tice law and rules and other laws relating to  malpractice  and  profes-
 sional  medical conduct, as amended by section 3 of part F of chapter 57
 of the laws of 2019, are amended to read as follows:
   (a) To the extent funds available to  the  hospital  excess  liability
 pool  pursuant to subdivision 5 of this section as amended, and pursuant
 to section 6 of part J of chapter 63 of the laws of 2001,  as  may  from
 time  to  time  be amended, which amended this subdivision, are insuffi-
 cient to meet the costs  of  excess  insurance  coverage  or  equivalent
 excess  coverage  for coverage periods during the period July 1, 1992 to
 June 30, 1993, during the period July 1, 1993 to June 30,  1994,  during
 the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
 to  June  30,  1996,  during  the  period July 1, 1996 to June 30, 1997,
 during the period July 1, 1997 to June 30, 1998, during the period  July
 1,  1998  to  June  30, 1999, during the period July 1, 1999 to June 30,
 2000, during the period July 1, 2000 to June 30, 2001, during the period
 July 1, 2001 to October 29, 2001, during the period  April  1,  2002  to
 June  30,  2002, during the period July 1, 2002 to June 30, 2003, during
 the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
 to June 30, 2005, during the period July  1,  2005  to  June  30,  2006,
 during  the period July 1, 2006 to June 30, 2007, during the period July
 1, 2007 to June 30, 2008, during the period July 1,  2008  to  June  30,

 S. 7506--B                         334                        A. 9506--B
 
 2009, during the period July 1, 2009 to June 30, 2010, during the period
 July  1,  2010  to June 30, 2011, during the period July 1, 2011 to June
 30, 2012, during the period July 1, 2012 to June 30,  2013,  during  the
 period  July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
 June 30, 2015, during the period July 1, 2015 to June 30,  2016,  during
 the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
 to June 30, 2018, during the period July 1, 2018 to June 30, 2019, [and]
 during  the  period July 1, 2019 to June 30, 2020, AND DURING THE PERIOD
 JULY 1, 2020 TO JUNE 30, 2021 allocated  or  reallocated  in  accordance
 with  paragraph  (a)  of  subdivision  4-a  of  this section to rates of
 payment applicable to state governmental  agencies,  each  physician  or
 dentist  for  whom  a policy for excess insurance coverage or equivalent
 excess coverage is purchased for such period shall  be  responsible  for
 payment  to  the  provider  of  excess  insurance coverage or equivalent
 excess coverage of an allocable share of such  insufficiency,  based  on
 the  ratio  of the total cost of such coverage for such physician to the
 sum of the total cost of such coverage for  all  physicians  applied  to
 such insufficiency.
   (b)  Each  provider  of excess insurance coverage or equivalent excess
 coverage covering the period July 1, 1992 to June 30, 1993, or  covering
 the period July 1, 1993 to June 30, 1994, or covering the period July 1,
 1994  to  June 30, 1995, or covering the period July 1, 1995 to June 30,
 1996, or covering the period July 1, 1996 to June 30, 1997, or  covering
 the period July 1, 1997 to June 30, 1998, or covering the period July 1,
 1998  to  June 30, 1999, or covering the period July 1, 1999 to June 30,
 2000, or covering the period July 1, 2000 to June 30, 2001, or  covering
 the  period  July  1,  2001  to October 29, 2001, or covering the period
 April 1, 2002 to June 30, 2002, or covering the period July 1,  2002  to
 June  30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
 covering the period July 1, 2004 to June 30, 2005, or covering the peri-
 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
 June 30, 2007, or covering the period July 1, 2007 to June 30, 2008,  or
 covering the period July 1, 2008 to June 30, 2009, or covering the peri-
 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
 June  30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
 covering the period July 1, 2012 to June 30, 2013, or covering the peri-
 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
 June 30, 2015, or covering the period July 1, 2015 to June 30, 2016,  or
 covering the period July 1, 2016 to June 30, 2017, or covering the peri-
 od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
 June  30, 2019, or covering the period July 1, 2019 to June 30, 2020, OR
 COVERING THE PERIOD JULY 1, 2020 TO JUNE 30, 2021 shall notify a covered
 physician or dentist by mail, mailed to the address shown  on  the  last
 application for excess insurance coverage or equivalent excess coverage,
 of  the  amount  due to such provider from such physician or dentist for
 such coverage period determined in accordance with paragraph (a) of this
 subdivision. Such amount shall be due from such physician or dentist  to
 such provider of excess insurance coverage or equivalent excess coverage
 in  a  time  and  manner  determined  by the superintendent of financial
 services.
   (c) If a physician or dentist liable for payment of a portion  of  the
 costs  of excess insurance coverage or equivalent excess coverage cover-
 ing the period July 1, 1992 to June 30, 1993,  or  covering  the  period
 July  1,  1993  to June 30, 1994, or covering the period July 1, 1994 to
 June 30, 1995, or covering the period July 1, 1995 to June 30, 1996,  or
 covering the period July 1, 1996 to June 30, 1997, or covering the peri-

 S. 7506--B                         335                        A. 9506--B
 
 od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
 June  30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
 covering the period July 1, 2000 to June 30, 2001, or covering the peri-
 od  July  1,  2001  to October 29, 2001, or covering the period April 1,
 2002 to June 30, 2002, or covering the period July 1, 2002 to  June  30,
 2003,  or covering the period July 1, 2003 to June 30, 2004, or covering
 the period July 1, 2004 to June 30, 2005, or covering the period July 1,
 2005 to June 30, 2006, or covering the period July 1, 2006 to  June  30,
 2007,  or covering the period July 1, 2007 to June 30, 2008, or covering
 the period July 1, 2008 to June 30, 2009, or covering the period July 1,
 2009 to June 30, 2010, or covering the period July 1, 2010 to  June  30,
 2011,  or covering the period July 1, 2011 to June 30, 2012, or covering
 the period July 1, 2012 to June 30, 2013, or covering the period July 1,
 2013 to June 30, 2014, or covering the period July 1, 2014 to  June  30,
 2015,  or covering the period July 1, 2015 to June 30, 2016, or covering
 the period July 1, 2016 to June 30, 2017, or covering the period July 1,
 2017 to June 30, 2018, or covering the period July 1, 2018 to  June  30,
 2019,  or covering the period July 1, 2019 to June 30, 2020, OR COVERING
 THE PERIOD JULY 1, 2020 TO JUNE 30, 2021 determined in  accordance  with
 paragraph  (a)  of  this  subdivision fails, refuses or neglects to make
 payment to the provider  of  excess  insurance  coverage  or  equivalent
 excess coverage in such time and manner as determined by the superinten-
 dent  of  financial  services pursuant to paragraph (b) of this subdivi-
 sion, excess insurance coverage or equivalent excess coverage  purchased
 for  such  physician or dentist in accordance with this section for such
 coverage period shall be cancelled and shall be null and void as of  the
 first  day  on  or  after  the commencement of a policy period where the
 liability for payment pursuant to this subdivision has not been met.
   (d) Each provider of excess insurance coverage  or  equivalent  excess
 coverage  shall  notify the superintendent of financial services and the
 commissioner of health or their designee of each physician  and  dentist
 eligible  for  purchase  of  a  policy  for excess insurance coverage or
 equivalent excess coverage covering the period July 1, 1992 to June  30,
 1993,  or covering the period July 1, 1993 to June 30, 1994, or covering
 the period July 1, 1994 to June 30, 1995, or covering the period July 1,
 1995 to June 30, 1996, or covering the period July 1, 1996 to  June  30,
 1997,  or covering the period July 1, 1997 to June 30, 1998, or covering
 the period July 1, 1998 to June 30, 1999, or covering the period July 1,
 1999 to June 30, 2000, or covering the period July 1, 2000 to  June  30,
 2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
 ing  the  period  April 1, 2002 to June 30, 2002, or covering the period
 July 1, 2002 to June 30, 2003, or covering the period July  1,  2003  to
 June  30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
 covering the period July 1, 2005 to June 30, 2006, or covering the peri-
 od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
 June 30, 2008, or covering the period July 1, 2008 to June 30, 2009,  or
 covering the period July 1, 2009 to June 30, 2010, or covering the peri-
 od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
 June  30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
 covering the period July 1, 2013 to June 30, 2014, or covering the peri-
 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
 June 30, 2016, or covering the period July 1, 2016 to June 30, 2017,  or
 covering the period July 1, 2017 to June 30, 2018, or covering the peri-
 od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
 June 30, 2020, OR COVERING THE PERIOD JULY 1, 2020 TO JUNE 30, 2021 that
 has made payment to such provider of excess insurance coverage or equiv-

 S. 7506--B                         336                        A. 9506--B
 
 alent  excess coverage in accordance with paragraph (b) of this subdivi-
 sion and of each physician  and  dentist  who  has  failed,  refused  or
 neglected to make such payment.
   (e)  A  provider  of  excess  insurance  coverage or equivalent excess
 coverage shall refund to the hospital excess liability pool  any  amount
 allocable to the period July 1, 1992 to June 30, 1993, and to the period
 July  1,  1993  to June 30, 1994, and to the period July 1, 1994 to June
 30, 1995, and to the period July 1, 1995 to June 30, 1996,  and  to  the
 period  July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
 June 30, 1998, and to the period July 1, 1998 to June 30, 1999,  and  to
 the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
 to  June  30,  2001, and to the period July 1, 2001 to October 29, 2001,
 and to the period April 1, 2002 to June 30, 2002, and to the period July
 1, 2002 to June 30, 2003, and to the period July 1,  2003  to  June  30,
 2004, and to the period July 1, 2004 to June 30, 2005, and to the period
 July  1,  2005  to June 30, 2006, and to the period July 1, 2006 to June
 30, 2007, and to the period July 1, 2007 to June 30, 2008,  and  to  the
 period  July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
 June 30, 2010, and to the period July 1, 2010 to June 30, 2011,  and  to
 the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
 to  June  30, 2013, and to the period July 1, 2013 to June 30, 2014, and
 to the period July 1, 2014 to June 30, 2015, and to the period  July  1,
 2015  to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and
 to the period July 1, 2017 to June 30, 2018, and to the period  July  1,
 2018  to June 30, 2019, and to the period July 1, 2019 to June 30, 2020,
 AND TO THE PERIOD JULY 1, 2020 TO JUNE 30, 2021 received from the hospi-
 tal excess liability pool for purchase of excess insurance  coverage  or
 equivalent  excess coverage covering the period July 1, 1992 to June 30,
 1993, and covering the period July 1, 1993 to June 30, 1994, and  cover-
 ing  the  period  July 1, 1994 to June 30, 1995, and covering the period
 July 1, 1995 to June 30, 1996, and covering the period July 1,  1996  to
 June  30,  1997,  and covering the period July 1, 1997 to June 30, 1998,
 and covering the period July 1, 1998 to June 30, 1999, and covering  the
 period  July  1,  1999 to June 30, 2000, and covering the period July 1,
 2000 to June 30, 2001, and covering the period July 1, 2001  to  October
 29,  2001,  and  covering the period April 1, 2002 to June 30, 2002, and
 covering the period July 1, 2002 to June  30,  2003,  and  covering  the
 period  July  1,  2003 to June 30, 2004, and covering the period July 1,
 2004 to June 30, 2005, and covering the period July 1, 2005 to June  30,
 2006,  and covering the period July 1, 2006 to June 30, 2007, and cover-
 ing the period July 1, 2007 to June 30, 2008, and  covering  the  period
 July  1,  2008 to June 30, 2009, and covering the period July 1, 2009 to
 June 30, 2010, and covering the period July 1, 2010 to  June  30,  2011,
 and  covering the period July 1, 2011 to June 30, 2012, and covering the
 period July 1, 2012 to June 30, 2013, and covering the  period  July  1,
 2013  to June 30, 2014, and covering the period July 1, 2014 to June 30,
 2015, and covering the period July 1, 2015 to June 30, 2016, and  cover-
 ing  the  period  July 1, 2016 to June 30, 2017, and covering the period
 July 1, 2017 to June 30, 2018, and covering the period July 1,  2018  to
 June  30,  2019,  and covering the period July 1, 2019 to June 30, 2020,
 AND COVERING THE PERIOD JULY 1, 2020 TO JUNE 30, 2021 for a physician or
 dentist where such excess insurance coverage or equivalent excess cover-
 age is cancelled in accordance with paragraph (c) of this subdivision.
   § 4. Intentionally omitted.
   § 5. Section 40 of chapter 266 of the laws of 1986, amending the civil
 practice law and rules  and  other  laws  relating  to  malpractice  and

 S. 7506--B                         337                        A. 9506--B
 
 professional medical conduct, as amended by section 4 of part F of chap-
 ter 57 of the laws of 2019, is amended to read as follows:
   §  40.  The superintendent of financial services shall establish rates
 for policies providing coverage  for  physicians  and  surgeons  medical
 malpractice  for the periods commencing July 1, 1985 and ending June 30,
 [2020] 2021; provided, however, that notwithstanding any other provision
 of law, the superintendent shall not establish or approve  any  increase
 in  rates  for  the  period  commencing July 1, 2009 and ending June 30,
 2010. The superintendent shall direct insurers to  establish  segregated
 accounts  for premiums, payments, reserves and investment income attrib-
 utable to such premium periods and shall require periodic reports by the
 insurers regarding claims and expenses attributable to such  periods  to
 monitor whether such accounts will be sufficient to meet incurred claims
 and  expenses. On or after July 1, 1989, the superintendent shall impose
 a surcharge on premiums  to  satisfy  a  projected  deficiency  that  is
 attributable  to the premium levels established pursuant to this section
 for such periods; provided, however, that such  annual  surcharge  shall
 not  exceed  eight  percent of the established rate until July 1, [2020]
 2021, at which time and thereafter such surcharge shall not exceed twen-
 ty-five percent of the approved adequate  rate,  and  that  such  annual
 surcharges shall continue for such period of time as shall be sufficient
 to  satisfy  such  deficiency.  The superintendent shall not impose such
 surcharge during the period commencing July 1, 2009 and ending June  30,
 2010.  On  and  after  July  1,  1989,  the surcharge prescribed by this
 section shall be retained by insurers to the extent  that  they  insured
 physicians  and surgeons during the July 1, 1985 through June 30, [2020]
 2021 policy periods; in the event  and  to  the  extent  physicians  and
 surgeons  were  insured by another insurer during such periods, all or a
 pro rata share of the surcharge, as the case may be, shall  be  remitted
 to  such  other  insurer  in accordance with rules and regulations to be
 promulgated by the superintendent.  Surcharges collected from physicians
 and surgeons who were not insured during such policy  periods  shall  be
 apportioned  among  all insurers in proportion to the premium written by
 each insurer during such policy periods; if a physician or  surgeon  was
 insured by an insurer subject to rates established by the superintendent
 during  such  policy  periods,  and  at  any time thereafter a hospital,
 health maintenance organization, employer or institution is  responsible
 for  responding in damages for liability arising out of such physician's
 or surgeon's practice of medicine, such responsible  entity  shall  also
 remit  to  such  prior  insurer the equivalent amount that would then be
 collected as a surcharge if the physician or surgeon  had  continued  to
 remain  insured  by  such  prior  insurer. In the event any insurer that
 provided coverage during such policy  periods  is  in  liquidation,  the
 property/casualty  insurance  security fund shall receive the portion of
 surcharges to which the insurer in liquidation would have been entitled.
 The surcharges authorized herein shall be deemed to be income earned for
 the purposes of section 2303 of the insurance law.  The  superintendent,
 in  establishing  adequate  rates and in determining any projected defi-
 ciency pursuant to the requirements of this section  and  the  insurance
 law,  shall  give  substantial  weight, determined in his discretion and
 judgment, to the  prospective  anticipated  effect  of  any  regulations
 promulgated  and  laws  enacted  and the public benefit of   stabilizing
 malpractice rates and minimizing rate level fluctuation during the peri-
 od of time necessary for the development of  more  reliable  statistical
 experience  as  to  the  efficacy of such laws and regulations affecting
 medical, dental or podiatric malpractice enacted or promulgated in 1985,

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 1986, by this act and at any other time.  Notwithstanding any  provision
 of the insurance law, rates already established and to be established by
 the  superintendent pursuant to this section are deemed adequate if such
 rates  would be adequate when taken together with the maximum authorized
 annual surcharges to be imposed for a reasonable period of time  whether
 or  not  any  such  annual surcharge has been actually imposed as of the
 establishment of such rates.
   § 6. Section 5 and subdivisions (a) and (e) of section 6 of part J  of
 chapter  63  of  the  laws  of 2001, amending chapter 266 of the laws of
 1986, amending the civil practice law and rules and other laws  relating
 to malpractice and professional medical conduct, as amended by section 5
 of  part  F  of  chapter  57 of the laws of 2019, are amended to read as
 follows:
   § 5. The superintendent of financial services and the commissioner  of
 health shall determine, no later than June 15, 2002, June 15, 2003, June
 15,  2004,  June  15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
 June 15, 2009, June 15, 2010, June 15, 2011, June  15,  2012,  June  15,
 2013,  June  15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
 15, 2018, June 15, 2019, [and] June 15, 2020,  AND  JUNE  15,  2021  the
 amount of funds available in the hospital excess liability pool, created
 pursuant  to  section 18 of chapter 266 of the laws of 1986, and whether
 such funds are sufficient for purposes of  purchasing  excess  insurance
 coverage  for  eligible participating physicians and dentists during the
 period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,  2003,
 or  July  1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or
 July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July
 1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or  July  1,
 2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011
 to  June  30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to
 June 30, 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June
 30, 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June  30,
 2018,  or  July  1,  2018  to June 30, 2019, or July 1, 2019 to June 30,
 2020, OR JULY 1, 2020 TO JUNE 30, 2021 as applicable.
   (a) This section shall be effective only upon a determination,  pursu-
 ant  to  section  five  of  this act, by the superintendent of financial
 services and the commissioner of health, and  a  certification  of  such
 determination  to  the  state  director  of the budget, the chair of the
 senate committee on finance and the chair of the assembly  committee  on
 ways  and means, that the amount of funds in the hospital excess liabil-
 ity pool, created pursuant to section 18 of chapter 266 of the  laws  of
 1986, is insufficient for purposes of purchasing excess insurance cover-
 age for eligible participating physicians and dentists during the period
 July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
 1,  2003  to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1,  2009  to
 June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
 30,  2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
 2014, or July 1, 2014 to June 30, 2015, or July  1,  2015  to  June  30,
 2016,  or  July  1,  2016  to June 30, 2017, or July 1, 2017 to June 30,
 2018, or July 1, 2018 to June 30, 2019, or July  1,  2019  to  June  30,
 2020, OR JULY 1, 2020 TO JUNE 30, 2021 as applicable.
   (e)  The  commissioner  of  health  shall  transfer for deposit to the
 hospital excess liability pool created pursuant to section 18 of chapter
 266 of the laws of 1986 such amounts as directed by  the  superintendent
 of  financial  services  for  the purchase of excess liability insurance

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 coverage for eligible participating  physicians  and  dentists  for  the
 policy  year  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
 2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
 2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
 2007, as applicable, and the cost of administering the  hospital  excess
 liability pool for such applicable policy year,  pursuant to the program
 established  in  chapter  266  of the laws of 1986, as amended, no later
 than June 15, 2002, June 15, 2003, June 15, 2004, June  15,  2005,  June
 15,  2006,  June  15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
 June 15, 2011, June 15, 2012, June 15, 2013, June  15,  2014,  June  15,
 2015,  June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, [and]
 June 15, 2020, AND JUNE 15, 2021 as applicable.
   § 7.  Section 20 of part H of chapter 57 of the laws of 2017, amending
 the New York  Health Care Reform Act of 1996 and other laws relating  to
 extending  certain provisions thereto, as amended by section 6 of part F
 of chapter 57 of the laws of 2019, is amended to read as follows:
   § 20. Notwithstanding any law, rule or  regulation  to  the  contrary,
 only  physicians  or dentists who were eligible, and for whom the super-
 intendent of financial services and the commissioner of health, or their
 designee, purchased, with funds available in the hospital excess liabil-
 ity pool, a full or partial policy for  excess  coverage  or  equivalent
 excess  coverage  for  the coverage period ending the thirtieth of June,
 two thousand [nineteen,] TWENTY, shall be eligible  to  apply  for  such
 coverage  for the coverage period beginning the first of July, two thou-
 sand [nineteen;] TWENTY; provided,  however,  if  the  total  number  of
 physicians  or  dentists  for  whom  such  excess coverage or equivalent
 excess coverage was purchased for the policy year ending  the  thirtieth
 of  June,  two  thousand  [nineteen]  TWENTY exceeds the total number of
 physicians or dentists certified as eligible  for  the  coverage  period
 beginning  the  first of July, two thousand [nineteen,] TWENTY, then the
 general hospitals may certify additional eligible physicians or dentists
 in a number equal to such general hospital's proportional share  of  the
 total  number  of  physicians  or  dentists  for whom excess coverage or
 equivalent excess coverage was purchased with  funds  available  in  the
 hospital excess liability pool as of the thirtieth of June, two thousand
 [nineteen,]  TWENTY,  as applied to the difference between the number of
 eligible physicians or dentists for whom a policy for excess coverage or
 equivalent excess coverage was purchased for the coverage period  ending
 the  thirtieth of June, two thousand [nineteen] TWENTY and the number of
 such eligible physicians or dentists who have applied for excess  cover-
 age  or equivalent excess coverage for the coverage period beginning the
 first of July, two thousand [nineteen] TWENTY.
   § 8. This act shall take effect April 1, 2020, provided,  however,  if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2020.
 
                                 PART BBB

                           Intentionally Omitted
 
                                 PART CCC
 
   Section 1. Subdivisions 1, 4 and 5 of section 92 of part H of  chapter
 59  of  the  laws of 2011, amending the public health law and other laws
 relating to known and projected department of health state fund Medicaid

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 expenditures, subdivision 1 as amended by section 1 of part D of chapter
 57 of the laws of 2019, subdivision 5 as amended by section 33-a of part
 C of chapter 60 of the laws of 2014 and paragraph (g) of  subdivision  5
 as  added by section 19 of part B of chapter 59 of the laws of 2016, are
 amended to read as follows:
   1. (A) For state fiscal years 2011-12 through [2020-2021] 2021-22, the
 director of the budget, in consultation with the commissioner of  health
 referenced  as "commissioner" for purposes of this section, shall assess
 on a monthly basis, as reflected in monthly reports pursuant to subdivi-
 sion five of this section known and projected department of health state
 funds medicaid expenditures by category of  service  and  by  geographic
 regions,  as  defined  by  the commissioner[, and if the director of the
 budget determines that such].
   (B) IF SUCH expenditures are expected to cause medicaid  disbursements
 for  such  period  to exceed the projected department of health medicaid
 state funds disbursements in the enacted budget financial plan  pursuant
 to  subdivision  3  of section 23 of the state finance law, [the commis-
 sioner of health, in consultation with the director of the budget, shall
 develop] a medicaid savings allocation [plan] ADJUSTMENT SHALL BE IMPLE-
 MENTED to limit such spending to the aggregate limit level specified  in
 the   enacted   budget   financial   plan[,   provided,   however,  such
 projections].  SUCH ADJUSTMENT SHALL BE APPLIED EQUALLY  ACROSS  CATEGO-
 RIES  OF  SERVICE  UNLESS  PROJECTIONS DEMONSTRATE, AS DETERMINED BY THE
 COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET,
 A SPECIFIC CATEGORY OR CATEGORIES OF SERVICE  ARE  RESPONSIBLE  FOR  THE
 GROWTH OF EXPENDITURES, IN WHICH INSTANCE THE COMMISSIONER OF HEALTH, IN
 CONSULTATION WITH THE DIRECTOR OF THE BUDGET MAY LIMIT IMPLEMENTATION OF
 THE  ADJUSTMENT  TO  SUCH CATEGORY OR CATEGORIES OF SERVICE. THE COMMIS-
 SIONER OF HEALTH  SHALL  NOTIFY  IMPACTED  PROVIDERS  OF  AN  ALLOCATION
 ADJUSTMENT THAT WILL IMPACT THEIR REIMBURSEMENTS THROUGH A PUBLIC NOTICE
 CONSISTENT WITH 42 C.F.R. § 447.205 ISSUED AT LEAST THIRTY DAYS PRIOR TO
 IMPLEMENTATION OF THE ALLOCATION ADJUSTMENT.  IF PRIOR TO IMPLEMENTATION
 OF  ANY  SUCH  ADJUSTMENT,  THE  COMMISSIONER OF HEALTH DEVELOPS A PLAN,
 SUBJECT TO THE APPROVAL OF THE  DIRECTOR  OF  BUDGET,  TO  TAKE  ACTIONS
 NECESSARY TO AVOID A MEDICAID SAVINGS ALLOCATION ADJUSTMENT, THE COMMIS-
 SIONER  OF  HEALTH  MAY  PURSUE SUCH ACTIONS TO AVOID A MEDICAID SAVINGS
 ALLOCATION ADJUSTMENT.
   (C) PROJECTIONS may be adjusted by  the  director  of  the  budget  to
 account for any changes in the New York state federal medical assistance
 percentage  amount  established  pursuant to the federal social security
 act, changes in provider revenues, reductions to local  social  services
 district  medical assistance administration, minimum wage increases, and
 beginning April 1, 2012 the operational costs  of  the  New  York  state
 medical  indemnity fund and state costs or savings from the basic health
 plan.  Such projections may be adjusted by the director of the budget to
 account for increased or expedited  department  of  health  state  funds
 medicaid  expenditures  as a result of a natural or other type of disas-
 ter, including a governmental declaration of emergency.
   4. In accordance with the medicaid savings allocation  [plan]  ADJUST-
 MENT  UNDER  SUBDIVISION  1  OF  THIS  SECTION,  the commissioner of the
 department of health shall reduce department of health state funds medi-
 caid disbursements by the amount of the projected overspending  through,
 actions including, but not limited to modifying or suspending reimburse-
 ment  methods, including but not limited to all fees, premium levels and
 rates of payment,  PROVIDED HOWEVER THAT ANY CHANGES ARE CONSISTENT WITH
 ACTUARIAL SOUNDNESS PRINCIPLES  AND  REQUIREMENTS,  notwithstanding  any

 S. 7506--B                         341                        A. 9506--B
 
 provision of law that sets a specific amount or methodology for any such
 payments or rates of payment; modifying Medicaid program benefits; seek-
 ing all necessary Federal approvals, including, but not limited to STATE
 PLAN  AMENDMENTS, waivers, waiver amendments; and suspending time frames
 for notice, approval or certification  of  rate  requirements,  notwith-
 standing  any  provision  of  law,  rule  or regulation to the contrary,
 including but not limited to sections 2807 and 3614 of the public health
 law, section 18 of  chapter  2  of  the  laws  of  1988,  and  18  NYCRR
 505.14(h).
   5.  The  commissioner  of health, in consultation with the director of
 budget, shall prepare a monthly report that sets forth:
   (a) known and projected department of health medicaid expenditures  as
 described  in  subdivision  one  of this section, and factors that could
 result in medicaid disbursements for the relevant state fiscal  year  to
 exceed  the  projected department of health state funds disbursements in
 the enacted budget financial plan pursuant to subdivision 3  of  section
 23  of  the state finance law, including spending increases or decreases
 due to: enrollment fluctuations, rate changes, utilization changes,  MRT
 investments,  and shift of beneficiaries to managed care; and variations
 in offline medicaid payments;
   (b) the actions taken to implement  any  medicaid  savings  allocation
 [plan] ADJUSTMENT implemented pursuant to [subdivision] SUBDIVISIONS ONE
 AND four of this section, including information concerning the impact of
 such  actions  on each category of service and each geographic region of
 the state.
   (c) The price, to include the base rate plus any upcoming rate adjust-
 ment; utilization, to include current enrollment,  projected  enrollment
 changes  and  acuity;  and  Medicaid Redesign Team initiatives, one-time
 initiatives and other initiatives describing the proposed budget  action
 impact,  any  prior year initiative with current and future year impacts
 for the following categories of spending:
   (i) inpatient;
   (ii) outpatient;
   (iii) emergency room;
   (iv) clinic;
   (v) nursing homes;
   (vi) other long term care;
   (vii) medicaid managed care;
   (viii) family health plus;
   (ix) pharmacy;
   (x) transportation;
   (xi) dental;
   (xii) non-institutional and all other categories;
   (xiii) affordable housing;
   (xiv) vital access provider services;
   (xv) behavioral health vital access provider services;
   (xvi) health home establishment grants;
   (xvii) grants for facilitating transition of behavioral health service
 to managed care;
   (xviii) Finger Lakes health services agency;
   (xix) the transition of vulnerable populations to managed care;
   (xx) audit recoveries and settlements; and
   (d) where price and utilization are not applicable,  detail  shall  be
 provided on spending, to include but not be limited to:
   (i) demographic information of targeted recipients;
   (ii) number of recipients;

 S. 7506--B                         342                        A. 9506--B
 
   (iii) award amounts;
   (iv) timing of awards; and
   (v) the impact of Medicaid Redesign Team and/or one-time initiatives.
   Information  required  by  paragraphs  (a) and (b) of this subdivision
 shall be provided to the chairs of the senate finance and  the  assembly
 ways  and  means  committees,  and  shall be posted on the department of
 health's website in the timely manner.
   (e) Beginning on July 1,  2014,  additional  information  required  by
 paragraphs  (c)  and  (d)  of  this subdivision shall be provided to the
 governor, the temporary president of the  senate,  the  speaker  of  the
 assembly,  the  chair  of the senate finance committee, the chair of the
 assembly ways and means committee, and the  chairs  of  the  senate  and
 assembly health committees.
   (f)  any  projected Medicaid savings determined by the commissioner of
 health pursuant to section 34 of part C of a  chapter  of  the  laws  of
 2014,  relating  to  the implementation of the health and mental hygiene
 budget, and the proposed allocation plan SPENDING ADJUSTMENT with regard
 to such savings.
   (g) any material impact to the global  cap  annual  projection,  along
 with  an  explanation of the variance from the projection at the time of
 the enacted budget. Such material impacts  shall  include,  but  not  be
 limited  to,  policy and programmatic changes, significant transactions,
 and any actions taken, administrative or otherwise,  which  would  mate-
 rially  impact expenditures under the global cap. Reporting requirements
 under this paragraph shall include material impacts from  the  preceding
 month  and  any  anticipated material impacts for the month in which the
 report required under this subdivision is issued, as well as anticipated
 material impacts for the month subsequent to such report.
   § 2.  This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020; provided,
 however,  that  the director of the budget may, in consultation with the
 commissioner of health, delay the effective dates of paragraphs (b)  and
 (c)  of  subdivision 1 of section 92 of part H of chapter 59 of the laws
 of 2011, as added by section one of this act for a period of time  which
 shall  not exceed ninety days following the conclusion or termination of
 an executive order issued pursuant to section 28 of  the  executive  law
 declaring  a  state disaster emergency for the entire state of New York,
 upon such delay the director of the budget shall notify  the  chairs  of
 the  assembly  ways and means committee and senate finance committee and
 the chairs of  the  assembly  and  senate  health  committees;  provided
 further,  however,  that  the  director  of  the budget shall notify the
 legislative bill drafting commission upon the occurrence of a  delay  in
 the effective date of this act in order that the commission may maintain
 an  accurate  and timely effective data base of the official text of the
 laws of the state  of  New  York  in  furtherance  of  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.
 
                                 PART DDD
 
   Section 1.  Subparagraph (B) of paragraph 15-a of  subsection  (i)  of
 section  3216  of the insurance law, as added by chapter 378 of the laws
 of 1993 and such paragraph as renumbered by chapter 338 of the  laws  of
 2003, is amended to read as follows:
   (B) Such coverage may be subject to annual deductibles and coinsurance
 as may be deemed appropriate by the superintendent and as are consistent

 S. 7506--B                         343                        A. 9506--B
 
 with  those  established  for  other  benefits  within  a  given policy;
 PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED  TO
 PAY OUT OF POCKET FOR COVERED PRESCRIPTION INSULIN DRUGS SHALL BE CAPPED
 AT  AN  AMOUNT  NOT TO EXCEED ONE HUNDRED DOLLARS PER THIRTY-DAY SUPPLY,
 REGARDLESS OF THE AMOUNT OR TYPE OF INSULIN NEEDED TO FILL SUCH  COVERED
 PERSON'S PRESCRIPTION AND REGARDLESS OF THE INSURED'S DEDUCTIBLE, COPAY-
 MENT, COINSURANCE OR ANY OTHER COST SHARING REQUIREMENT.
   § 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
 of  the insurance law, as amended by chapter 338 of the laws of 2003, is
 amended to read as follows:
   (B) Such coverage may be subject to annual deductibles and coinsurance
 as may be deemed appropriate by the superintendent and as are consistent
 with those  established  for  other  benefits  within  a  given  policy;
 PROVIDED  HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED TO
 PAY OUT OF POCKET FOR COVERED PRESCRIPTION INSULIN DRUGS SHALL BE CAPPED
 AT AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS  PER  THIRTY-DAY  SUPPLY,
 REGARDLESS  OF THE AMOUNT OR TYPE OF INSULIN NEEDED TO FILL SUCH COVERED
 PERSON'S PRESCRIPTION AND REGARDLESS OF THE INSURED'S DEDUCTIBLE, COPAY-
 MENT, COINSURANCE OR ANY OTHER COST SHARING REQUIREMENT.
   § 3. Paragraph 2 of subsection (u) of section 4303  of  the  insurance
 law,  as  amended by chapter 338 of the laws of 2003, is amended to read
 as follows:
   (2) Such coverage may be subject to annual deductibles and coinsurance
 as may be deemed appropriate by the superintendent and as are consistent
 with those  established  for  other  benefits  within  a  given  policy;
 PROVIDED  HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED TO
 PAY OUT OF POCKET FOR COVERED PRESCRIPTION INSULIN DRUGS SHALL BE CAPPED
 AT AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS  PER  THIRTY-DAY  SUPPLY,
 REGARDLESS  OF THE AMOUNT OR TYPE OF INSULIN NEEDED TO FILL SUCH COVERED
 PERSON'S PRESCRIPTION AND REGARDLESS OF THE INSURED'S DEDUCTIBLE, COPAY-
 MENT, COINSURANCE OR ANY OTHER COST SHARING REQUIREMENT.
   § 4. This act shall take effect immediately and  shall  apply  to  any
 policy or contract issued or renewed on or after January 1, 2021.
 
                                 PART EEE
 
   Section  1.  Section  527  of the public authorities law is amended by
 adding a new subdivision 3 to read as follows:
   3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, ON  THE
 EFFECTIVE  DATE  OF  THIS  SUBDIVISION  THE  TERM  OF  EACH BOARD MEMBER
 CURRENTLY IN OFFICE, OR ANY VACANT POSITION, SHALL  BE  DEEMED  EXPIRED,
 AND  EACH  SUCH  BOARD  MEMBERS MAY CONTINUE TO SERVE IN HOLDOVER STATUS
 UNTIL THEIR SUCCESSOR IS APPOINTED BY THE GOVERNOR AND WITH  THE  ADVICE
 AND  CONSENT  OF THE SENATE AND THE PROVISIONS OF SECTION THIRTY-NINE OF
 THE PUBLIC OFFICERS LAW RELATING TO RECESS APPOINTMENTS SHALL  APPLY  TO
 SUCH  APPOINTMENTS.  INITIAL APPOINTMENTS MADE PURSUANT TO THIS SUBDIVI-
 SION SHALL BE FOR THE FOLLOWING TERMS, THE FIRST THREE OF  SUCH  INITIAL
 APPOINTMENTS  SHALL BE FOR A TERM OF THREE YEARS, THE SECOND TWO OF SUCH
 INITIAL APPOINTMENTS SHALL BE FOR A TERM OF FIVE YEARS, AND FINAL TWO OF
 SUCH INITIAL APPOINTMENTS SHALL BE FOR A  TERM  OF  SEVEN  YEARS.  AFTER
 THESE INITIAL TERMS HAVE EXPIRED, BOARD MEMBERS SHALL BE APPOINTED FOR A
 TERM  OF FIVE YEARS, PROVIDED, HOWEVER, THAT EACH BOARD MEMBER MAY SERVE
 IN HOLDOVER UNTIL A SUCCESSOR BOARD MEMBER IS  APPOINTED.  VACANCIES  IN
 THE  OFFICE OF SUCH BOARD OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM
 ALSO SHALL BE FILLED BY THE GOVERNOR BY  APPOINTMENT  BY  AND  WITH  THE
 ADVICE  AND  CONSENT  OF  THE  SENATE  FOR  THE  UNEXPIRED TERM, AND THE

 S. 7506--B                         344                        A. 9506--B
 
 PROVISIONS OF SECTION THIRTY-NINE OF THE PUBLIC OFFICERS LAW RELATING TO
 RECESS APPOINTMENTS SHALL APPLY TO SUCH BOARD.
   §  2.  The  New York State Bridge Authority and New York state thruway
 authority shall be authorized to enter  into  a  coordination  agreement
 which  shall address the optimization of services to create efficiencies
 between the two entities. The content of such agreement may include, but
 is not limited to, equipment, office space, real property, services  and
 all  other  resources  related to procurement, construction, engineering
 services, legal services, administrative services,  financial  services,
 information technology, and any other related subject area as determined
 by  the boards of the New York State Bridge Authority and New York state
 thruway authority. Such agreement or any project undertaken pursuant  to
 such  agreement  shall not be deemed to impair the rights of bondholders
 and may provide for, but not be limited to, the management,  supervision
 and  direction of such employees' performance of such services. Further,
 such agreement shall not amend, repeal  or  replace  the  terms  of  any
 agreement  that  is  collectively  negotiated between an employer and an
 employee organization, including an agreement  or  interest  arbitration
 award made pursuant to article 14 of the civil service law.  Any employ-
 ee  or position that at the time of the effective date of this act shall
 have been in a negotiating unit represented by an employee  organization
 which  was  certified  or recognized pursuant to article 14 of the civil
 service law shall remain in said bargaining unit and shall  continue  to
 be  represented  by  said employee organization. Any and all terms of an
 existing collective bargaining agreement shall remain in full force  and
 effect.  New  employees  shall be assigned to the appropriate bargaining
 unit as they would have been assigned to were such title  created  prior
 to  the  effective date of this act including employees serving in posi-
 tions in newly created titles. There shall be  no  reduction  of  staff,
 loss  of  position, including partial displacement, such as reduction in
 the hours or non-overtime, wages, or employment  benefits  solely  as  a
 result of the creation of this coordination agreement.
   § 3. This act shall take effect immediately.
 
                                 PART FFF
 
   Section  1.    The  Legislature hereby finds and declares that medical
 assistance for needy persons is a matter of public concern and a  neces-
 sity  in  promoting  the public health and welfare and for promoting the
 state's goal of making available to everyone, regardless of  race,  age,
 gender,  national  origin  or  economic  standing, uniform, high-quality
 medical care. As the department of health is  the  single  state  agency
 responsible  for  supervising  the administration of the state's medical
 assistance program (Medicaid), it is tasked  with  ensuring  efficiency,
 economy,  and quality of care in providing benefits to the state's needy
 persons. To this end and with the fiscal constraints facing our state in
 mind, the department of health continues to analyze the Medicaid program
 in search of ways to ensure Medicaid spending is held to the standard of
 efficiency, economy, and quality of care. In consideration of this stan-
 dard, the department of health is hereby directed to exercise its exist-
 ing administrative authority to remove the pharmacy benefit from managed
 care benefit package and instead provide the pharmacy benefit under  the
 fee for service program, except where otherwise required by federal law,
 to  ensure  transparency and that the benefit is provided to the fullest
 extent and as efficiently  as  possible;  provided,  however,  that  the
 department  of health shall not implement the transition of the pharmacy

 S. 7506--B                         345                        A. 9506--B
 
 benefit from the managed care benefit package to  the  fee  for  service
 program  sooner  than  April 1, 2021, and until it is satisfied that all
 necessary and appropriate transition planning has occurred, in its  sole
 discretion,  and  federal  approvals have been obtained and preparations
 have been made. Furthermore, to ensure an orderly transition,  continued
 access  to  medications,  and appropriate patient education and support,
 the department may establish uniform  standards,  payment  policies  and
 reimbursement  methodologies  for  any sites where drugs may be adminis-
 tered or dispensed under the fee for  service  program;  provided  that,
 subject  to  the  availability  of federal financial participation, when
 reimbursing covered entities, as  defined  under  section  340B  of  the
 public health service act (42 U.S.C. §256b), for drugs that would other-
 wise  be  eligible  for  pricing under section 340B of the public health
 service act, the department shall examine all reasonably available meth-
 ods  for  determining  actual  acquisition  cost  and  the  professional
 dispensing fee and, beginning in the fiscal year starting April 1, 2021,
 review  and adjust reimbursement for such drugs such that no sooner than
 April 1, 2023, reimbursement shall be determined based on a method  that
 the  commissioner  determines that utilizes the actual acquisition costs
 and professional dispensing fee.
   § 1-a. The commissioner of health  shall  convene  an  advisory  group
 composed of stakeholder representatives determined in the commissioner's
 sole  discretion,  for purposes of providing non-binding recommendations
 to the department by October 1, 2020 on available methods  of  achieving
 savings  in the state fiscal years beginning on and after April 1, 2021,
 with respect to reimbursement for drugs eligible for pricing those under
 section 340B of the public health service act, and for which the depart-
 ment has existing authority to take such action.
   § 2. Paragraphs (c) and (d) of subdivision 2 of  section  280  of  the
 public  health  law, paragraph (c) as amended and paragraph (d) as added
 by section 5 of part B of chapter 57 of the laws of  2019,  are  amended
 and a new paragraph (e) is added to read as follows:
   (c)  for state fiscal year two thousand nineteen--two thousand twenty,
 be limited to the ten-year rolling average of the medical  component  of
 the  consumer price index plus four percent and minus a pharmacy savings
 target of eighty-five million dollars; [and]
   (d) for state fiscal year two thousand  twenty--two  thousand  twenty-
 one, be limited to the ten-year rolling average of the medical component
 of  the  consumer  price  index  plus [four percent and minus a pharmacy
 savings target of eighty-five million dollars.] TWO PERCENT; AND
   (E) FOR STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWEN-
 TY-TWO AND FISCAL YEARS THEREAFTER, BE LIMITED IN ACCORDANCE WITH SUBDI-
 VISION  ONE OF SECTION NINETY-ONE OF PART H OF CHAPTER FIFTY-NINE OF THE
 LAWS OF TWO THOUSAND ELEVEN, AS AMENDED.
   § 3. This act shall take effect immediately; provided,  however,  that
 the director of the budget may, in consultation with the commissioner of
 health, delay the effective dates prescribed herein for a period of time
 which  shall  not  exceed ninety days following the conclusion or termi-
 nation of an executive order issued pursuant to section 28 of the execu-
 tive law declaring a state disaster emergency for the  entire  state  of
 New  York,  upon  such delay the director of the budget shall notify the
 chairs of the assembly ways  and  means  committee  and  senate  finance
 committee  and  the  chairs of the assembly and senate health committee;
 provided further, however, that the director of the budget shall  notify
 the  legislative bill drafting commission upon the occurrence of a delay
 in the effective date of this act in order that the commission may main-

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 tain an accurate and timely effective data base of the official text  of
 the  laws  of  the  state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.
 
                                 PART GGG
 
   Section  1.  The  public health law is amended by adding a new article
 30-D to read as follows:
                               ARTICLE 30-D
              EMERGENCY OR DISASTER TREATMENT PROTECTION ACT
 SECTION 3080. DECLARATION OF PURPOSE.
         3081. DEFINITIONS.
         3082. LIMITATION OF LIABILITY.
   § 3080. DECLARATION OF PURPOSE. A PUBLIC HEALTH EMERGENCY THAT  OCCURS
 ON A STATEWIDE BASIS REQUIRES AN ENORMOUS RESPONSE FROM STATE AND FEDER-
 AL  AND  LOCAL  GOVERNMENTS  WORKING  IN CONCERT WITH PRIVATE AND PUBLIC
 HEALTH CARE PROVIDERS IN THE COMMUNITY. THE FURNISHING OF  TREATMENT  OF
 PATIENTS  DURING  SUCH  A  PUBLIC  HEALTH EMERGENCY IS A MATTER OF VITAL
 STATE CONCERN AFFECTING THE PUBLIC HEALTH, SAFETY  AND  WELFARE  OF  ALL
 CITIZENS.  IT  IS  THE  PURPOSE  OF  THIS  ARTICLE TO PROMOTE THE PUBLIC
 HEALTH, SAFETY AND WELFARE OF ALL CITIZENS  BY  BROADLY  PROTECTING  THE
 HEALTH  CARE FACILITIES AND HEALTH CARE PROFESSIONALS IN THIS STATE FROM
 LIABILITY THAT MAY RESULT FROM TREATMENT OF  INDIVIDUALS  WITH  COVID-19
 UNDER CONDITIONS RESULTING FROM CIRCUMSTANCES ASSOCIATED WITH THE PUBLIC
 HEALTH EMERGENCY.
   § 3081. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  THE  TERM  "HARM"  INCLUDES  PHYSICAL AND NONPHYSICAL CONTACT THAT
 RESULTS IN INJURY TO OR DEATH OF AN INDIVIDUAL.
   2. THE TERM "DAMAGES" MEANS ECONOMIC OR NON-ECONOMIC LOSSES  FOR  HARM
 TO AN INDIVIDUAL.
   3.  THE TERM "HEALTH CARE FACILITY" MEANS A HOSPITAL, NURSING HOME, OR
 OTHER FACILITY LICENSED OR AUTHORIZED TO PROVIDE  HEALTH  CARE  SERVICES
 FOR  ANY  INDIVIDUAL UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER, ARTICLE
 SIXTEEN AND ARTICLE THIRTY-ONE OF THE MENTAL  HYGIENE  LAW  OR  UNDER  A
 COVID-19 EMERGENCY RULE.
   4.  THE  TERM  "HEALTH CARE PROFESSIONAL" MEANS AN INDIVIDUAL, WHETHER
 ACTING AS AN AGENT, VOLUNTEER, CONTRACTOR, EMPLOYEE, OR  OTHERWISE,  WHO
 IS:
   (A)  LICENSED  OR  OTHERWISE AUTHORIZED UNDER TITLE EIGHT, ARTICLE ONE
 HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B, ONE HUNDRED  THIRTY-ONE-C,
 ONE  HUNDRED  THIRTY-SEVEN,  ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY,
 ONE HUNDRED FIFTY-THREE, ONE  HUNDRED  FIFTY-FOUR,  ONE  HUNDRED  SIXTY-
 THREE, ONE HUNDRED SIXTY-FOUR OR ONE HUNDRED SIXTY-FIVE OF THE EDUCATION
 LAW;
   (B) A NURSING ATTENDANT OR CERTIFIED NURSE AIDE, INCLUDING AN INDIVID-
 UAL  WHO  IS  PROVIDING CARE AS PART OF AN APPROVED NURSING ATTENDANT OR
 CERTIFIED NURSE AIDE TRAINING PROGRAM;
   (C) LICENSED OR CERTIFIED UNDER ARTICLE  THIRTY  OF  THIS  CHAPTER  TO
 PROVIDE EMERGENCY MEDICAL SERVICES;
   (D)  A  HOME  CARE  SERVICES  WORKER  AS DEFINED IN SECTION THIRTY-SIX
 HUNDRED THIRTEEN OF THIS CHAPTER;
   (E) PROVIDING HEALTH CARE  SERVICES  WITHIN  THE  SCOPE  OF  AUTHORITY
 PERMITTED BY A COVID-19 EMERGENCY RULE; OR
   (F) A HEALTH CARE FACILITY ADMINISTRATOR, EXECUTIVE, SUPERVISOR, BOARD
 MEMBER,  TRUSTEE  OR OTHER PERSON RESPONSIBLE FOR DIRECTING, SUPERVISING

 S. 7506--B                         347                        A. 9506--B
 
 OR MANAGING A HEALTH CARE FACILITY AND ITS PERSONNEL OR OTHER INDIVIDUAL
 IN A COMPARABLE ROLE.
   5. THE TERM "HEALTH CARE SERVICES" MEANS SERVICES PROVIDED BY A HEALTH
 CARE  FACILITY OR A HEALTH CARE PROFESSIONAL, REGARDLESS OF THE LOCATION
 WHERE THOSE SERVICES ARE PROVIDED, THAT RELATE TO:
   (A) THE DIAGNOSIS, PREVENTION, OR TREATMENT OF COVID-19;
   (B) THE ASSESSMENT OR CARE  OF  AN  INDIVIDUAL  WITH  A  CONFIRMED  OR
 SUSPECTED CASE OF COVID-19; OR
   (C)  THE  CARE  OF  ANY OTHER INDIVIDUAL WHO PRESENTS AT A HEALTH CARE
 FACILITY OR TO A HEALTH CARE  PROFESSIONAL  DURING  THE  PERIOD  OF  THE
 COVID-19 EMERGENCY DECLARATION.
   6.  THE  TERM "VOLUNTEER ORGANIZATION" MEANS ANY ORGANIZATION, COMPANY
 OR INSTITUTION THAT HAS MADE ITS FACILITY  OR  FACILITIES  AVAILABLE  TO
 SUPPORT THE STATE'S RESPONSE AND ACTIVITIES UNDER THE COVID-19 EMERGENCY
 DECLARATION  AND  IN  ACCORDANCE  WITH ANY APPLICABLE COVID-19 EMERGENCY
 RULE.
   7. THE TERM "COVID-19 EMERGENCY DECLARATION" MEANS THE STATE  DISASTER
 EMERGENCY  DECLARED  FOR  THE ENTIRE STATE BY EXECUTIVE ORDER NUMBER TWO
 HUNDRED TWO AND ANY FURTHER AMENDMENTS OR MODIFICATIONS, AND AS  MAY  BE
 FURTHER EXTENDED PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.
   8.  THE  TERM  "COVID-19  EMERGENCY  RULE"  MEANS ANY EXECUTIVE ORDER,
 DECLARATION, DIRECTIVE OR OTHER STATE OR FEDERAL  AUTHORIZATION,  POLICY
 STATEMENT, RULE-MAKING, OR REGULATION THAT WAIVES, SUSPENDS, OR MODIFIES
 OTHERWISE  APPLICABLE  STATE OR FEDERAL LAW REGARDING SCOPE OF PRACTICE,
 SUCH AS MODIFICATIONS AUTHORIZING PHYSICIANS LICENSED IN  ANOTHER  STATE
 TO PRACTICE IN THE STATE OF NEW YORK, OR THE DELIVERY OF CARE, INCLUDING
 THOSE  REGARDING  THE  FACILITY SPACE IN WHICH CARE IS DELIVERED AND THE
 EQUIPMENT USED TO DELIVER CARE, DURING THE COVID-19  EMERGENCY  DECLARA-
 TION.
   §  3082.  LIMITATION  OF  LIABILITY. 1. NOTWITHSTANDING ANY LAW TO THE
 CONTRARY, EXCEPT AS PROVIDED IN SUBDIVISION TWO  OF  THIS  SECTION,  ANY
 HEALTH  CARE  FACILITY  OR  HEALTH CARE PROFESSIONAL SHALL HAVE IMMUNITY
 FROM ANY LIABILITY, CIVIL OR CRIMINAL, FOR ANY HARM OR  DAMAGES  ALLEGED
 TO  HAVE  BEEN SUSTAINED AS A RESULT OF AN ACT OR OMISSION IN THE COURSE
 OF ARRANGING FOR OR PROVIDING HEALTH CARE SERVICES, IF:
   (A) THE HEALTH CARE FACILITY OR HEALTH CARE PROFESSIONAL IS  ARRANGING
 FOR  OR  PROVIDING HEALTH CARE SERVICES PURSUANT TO A COVID-19 EMERGENCY
 RULE OR OTHERWISE IN ACCORDANCE WITH APPLICABLE LAW;
   (B) THE ACT OR OMISSION OCCURS IN  THE  COURSE  OF  ARRANGING  FOR  OR
 PROVIDING  HEALTH  CARE  SERVICES AND THE TREATMENT OF THE INDIVIDUAL IS
 IMPACTED BY THE HEALTH CARE FACILITY'S  OR  HEALTH  CARE  PROFESSIONAL'S
 DECISIONS  OR  ACTIVITIES  IN RESPONSE TO OR AS A RESULT OF THE COVID-19
 OUTBREAK AND IN SUPPORT OF THE STATE'S DIRECTIVES; AND
   (C) THE HEALTH CARE FACILITY OR HEALTH CARE PROFESSIONAL IS  ARRANGING
 FOR OR PROVIDING HEALTH CARE SERVICES IN GOOD FAITH.
   2.  THE IMMUNITY PROVIDED BY SUBDIVISION ONE OF THIS SECTION SHALL NOT
 APPLY IF THE HARM OR DAMAGES WERE CAUSED BY AN ACT OR  OMISSION  CONSTI-
 TUTING  WILLFUL  OR  INTENTIONAL  CRIMINAL MISCONDUCT, GROSS NEGLIGENCE,
 RECKLESS MISCONDUCT, OR INTENTIONAL INFLICTION OF  HARM  BY  THE  HEALTH
 CARE   FACILITY  OR  HEALTH  CARE  PROFESSIONAL  PROVIDING  HEALTH  CARE
 SERVICES, PROVIDED, HOWEVER, THAT ACTS, OMISSIONS OR DECISIONS RESULTING
 FROM A RESOURCE OR STAFFING SHORTAGE SHALL NOT BE CONSIDERED TO BE WILL-
 FUL OR  INTENTIONAL  CRIMINAL  MISCONDUCT,  GROSS  NEGLIGENCE,  RECKLESS
 MISCONDUCT, OR INTENTIONAL INFLICTION OF HARM.
   3.  NOTWITHSTANDING  ANY LAW TO THE CONTRARY, A VOLUNTEER ORGANIZATION
 SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL, FOR ANY  HARM

 S. 7506--B                         348                        A. 9506--B
 
 OR DAMAGES IRRESPECTIVE OF THE CAUSE OF SUCH HARM OR DAMAGE OCCURRING IN
 OR  AT  ITS FACILITY OR FACILITIES ARISING FROM THE STATE'S RESPONSE AND
 ACTIVITIES UNDER THE COVID-19 EMERGENCY DECLARATION  AND  IN  ACCORDANCE
 WITH  ANY  APPLICABLE  COVID-19 EMERGENCY RULE, UNLESS IT IS ESTABLISHED
 THAT SUCH HARM OR DAMAGES WERE CAUSED  BY  THE  WILLFUL  OR  INTENTIONAL
 CRIMINAL  MISCONDUCT,  GROSS  NEGLIGENCE, RECKLESS MISCONDUCT, OR INTEN-
 TIONAL INFLICTION OF HARM BY THE VOLUNTEER ORGANIZATION.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in full force and effect on or after March 7, 2020 and shall
 apply to a claim for harm or damages only if the act  or  omission  that
 caused such harm or damage occurred on or after the date of the COVID-19
 emergency  declaration  and  on  or prior to the expiration date of such
 declaration; provided, however, this act shall not apply to any  act  or
 omission after the expiration of the COVID-19 emergency declaration.
 
                                 PART HHH
 
   Section  1.  Paragraph  (a)  of subdivision 1 of section 245.10 of the
 criminal procedure law, as added by section 2 of part LLL of chapter  59
 of the laws of 2019, is amended to read as follows:
   (a)  [The]  SUBJECT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH, THE prose-
 cution shall perform its initial discovery obligations under subdivision
 one of section 245.20 of this article as soon  as  practicable  but  not
 later  than  [fifteen calendar days after the defendant's arraignment on
 an indictment, superior  court  information,  prosecutor's  information,
 information,  simplified  information,  misdemeanor  complaint or felony
 complaint] THE TIME PERIODS SPECIFIED IN SUBPARAGRAPHS (I) AND  (II)  OF
 THIS  PARAGRAPH, AS APPLICABLE. Portions of materials claimed to be non-
 discoverable may be withheld pending a determination and ruling  of  the
 court  under  section 245.70 of this article; but the defendant shall be
 notified in writing that information has  not  been  disclosed  under  a
 particular subdivision of such section, and the discoverable portions of
 such  materials  shall  be disclosed to the extent practicable. When the
 discoverable materials, INCLUDING VIDEO FOOTAGE FROM BODY-WORN  CAMERAS,
 SURVEILLANCE CAMERAS, OR DASHBOARD CAMERAS, are exceptionally voluminous
 or, despite diligent, good faith efforts, are otherwise not in the actu-
 al  possession of the prosecution, the time period in this paragraph may
 be stayed by up to an additional thirty calendar days without need for a
 motion pursuant to subdivision two of section 245.70 of this article.
   (I) WHEN A DEFENDANT IS IN CUSTODY DURING THE PENDENCY OF THE CRIMINAL
 CASE, THE PROSECUTION SHALL PERFORM ITS  INITIAL  DISCOVERY  OBLIGATIONS
 WITHIN  TWENTY  CALENDAR  DAYS  AFTER  THE DEFENDANT'S ARRAIGNMENT ON AN
 INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMATION, INFOR-
 MATION,  SIMPLIFIED  INFORMATION,  MISDEMEANOR   COMPLAINT   OR   FELONY
 COMPLAINT.
   (II)  WHEN  THE DEFENDANT IS NOT IN CUSTODY DURING THE PENDENCY OF THE
 CRIMINAL CASE, THE PROSECUTION SHALL PERFORM ITS INITIAL DISCOVERY OBLI-
 GATIONS WITHIN THIRTY-FIVE CALENDAR DAYS AFTER THE DEFENDANT'S  ARRAIGN-
 MENT ON AN INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMA-
 TION,  INFORMATION,  SIMPLIFIED  INFORMATION,  MISDEMEANOR  COMPLAINT OR
 FELONY COMPLAINT.
   (III) NOTWITHSTANDING THE TIMELINES CONTAINED IN THE OPENING PARAGRAPH
 OF THIS PARAGRAPH, THE PROSECUTOR'S DISCOVERY OBLIGATION UNDER  SUBDIVI-
 SION ONE OF SECTION 245.20 OF THIS ARTICLE SHALL BE PERFORMED AS SOON AS
 PRACTICABLE,  BUT  NOT  LATER  THAN  FIFTEEN  DAYS BEFORE THE TRIAL OF A
 SIMPLIFIED INFORMATION CHARGING A TRAFFIC INFRACTION UNDER  THE  VEHICLE

 S. 7506--B                         349                        A. 9506--B
 
 AND  TRAFFIC  LAW,  OR  BY  AN  INFORMATION  CHARGING  ONE OR MORE PETTY
 OFFENSES AS DEFINED BY THE MUNICIPAL CODE OF A VILLAGE, TOWN,  CITY,  OR
 COUNTY, THAT DO NOT CARRY A STATUTORILY AUTHORIZED SENTENCE OF IMPRISON-
 MENT,  AND  WHERE  THE DEFENDANT STANDS CHARGED BEFORE THE COURT WITH NO
 CRIME OR OFFENSE, PROVIDED HOWEVER THAT  NOTHING  IN  THIS  SUBPARAGRAPH
 SHALL  PREVENT  A  DEFENDANT FROM FILING A MOTION FOR DISCLOSURE OF SUCH
 ITEMS AND INFORMATION UNDER SUBDIVISION ONE OF SUCH  SECTION  245.20  OF
 THIS ARTICLE AT AN EARLIER DATE.
   (IV)(A)  PORTIONS  OF  MATERIALS CLAIMED TO BE NON-DISCOVERABLE MAY BE
 WITHHELD PENDING A DETERMINATION AND RULING OF THE COURT  UNDER  SECTION
 245.70  OF  THIS ARTICLE; BUT THE DEFENDANT SHALL BE NOTIFIED IN WRITING
 THAT INFORMATION HAS NOT BEEN DISCLOSED UNDER A  PARTICULAR  SUBDIVISION
 OF  SUCH  SECTION, AND THE DISCOVERABLE PORTIONS OF SUCH MATERIALS SHALL
 BE DISCLOSED TO THE EXTENT  PRACTICABLE.    INFORMATION  RELATED  TO  OR
 EVIDENCING  THE  IDENTITY  OF  A 911 CALLER, THE VICTIM OR WITNESS OF AN
 OFFENSE DEFINED UNDER ARTICLE ONE HUNDRED THIRTY OR SECTIONS 230.34  AND
 230.34-A  OF  THE  PENAL  LAW, OR ANY OTHER VICTIM OR WITNESS OF A CRIME
 WHERE THE DEFENDANT HAS SUBSTANTIATED AFFILIATION WITH A CRIMINAL ENTER-
 PRISE AS DEFINED IN SUBDIVISION THREE OF SECTION 460.10 OF THE PENAL LAW
 MAY BE WITHHELD, PROVIDED, HOWEVER, THE DEFENDANT MAY MOVE THE COURT FOR
 DISCLOSURE.
   (B) WHEN THE DISCOVERABLE MATERIALS ARE EXCEPTIONALLY  VOLUMINOUS  OR,
 DESPITE  DILIGENT,  GOOD  FAITH EFFORTS, ARE OTHERWISE NOT IN THE ACTUAL
 POSSESSION OF THE PROSECUTION, THE TIME PERIOD IN THIS PARAGRAPH MAY  BE
 EXTENDED  PURSUANT  TO  A  MOTION PURSUANT TO SUBDIVISION TWO OF SECTION
 245.70 OF THIS ARTICLE.  FOR PURPOSES OF THIS ARTICLE, VOLUMINOUS  MATE-
 RIALS  MAY INCLUDE, BUT ARE NOT LIMITED TO, VIDEO FOOTAGE FROM BODY WORN
 CAMERAS, SURVEILLANCE CAMERAS OR DASHBOARD CAMERAS.
   § 2. Paragraphs (c), (f), (g) and (j)  of  subdivision  1  of  section
 245.20  of the criminal procedure law, as added by section 2 of part LLL
 of chapter 59 of the laws of 2019, are amended to read as follows:
   (c) The names and adequate contact information for all  persons  other
 than  law  enforcement  personnel  whom  the  prosecutor  knows  to have
 evidence or information relevant to any offense charged or to any poten-
 tial defense thereto, including a designation by the  prosecutor  as  to
 which of those persons may be called as witnesses. Nothing in this para-
 graph  shall  require  the  disclosure  of physical addresses; provided,
 however, upon a motion and good cause shown the  court  may  direct  the
 disclosure  of  a  physical  address. Information under this subdivision
 relating to THE IDENTITY OF A 911 CALLER, THE VICTIM OR  WITNESS  OF  AN
 OFFENSE  DEFINED  UNDER  ARTICLE ONE HUNDRED THIRTY OR SECTION 230.34 OR
 230.34-A OF THE PENAL LAW, ANY OTHER VICTIM OR WITNESS OF A CRIME  WHERE
 THE  DEFENDANT  HAS SUBSTANTIATED AFFILIATION WITH A CRIMINAL ENTERPRISE
 AS DEFINED IN SUBDIVISION THREE OF SECTION 460.10 OF THE PENAL LAW, OR a
 confidential informant may be  withheld,  and  redacted  from  discovery
 materials,  without need for a motion pursuant to section 245.70 of this
 article; but the prosecution shall notify the defendant in writing  that
 such  information  has not been disclosed, unless the court rules other-
 wise for good cause shown.
   (f) Expert opinion evidence, including  the  name,  business  address,
 current  curriculum  vitae,  a list of publications, and [all] A LIST OF
 proficiency tests and results administered or taken within the past  ten
 years  of  each  expert witness whom the prosecutor intends to call as a
 witness at trial or a pre-trial hearing, and all reports prepared by the
 expert that pertain to the case, or if no report is prepared, a  written
 statement  of  the facts and opinions to which the expert is expected to

 S. 7506--B                         350                        A. 9506--B
 
 testify and a summary of the grounds for each  opinion.  This  paragraph
 does  not  alter  or  in  any  way affect the procedures, obligations or
 rights set forth in section 250.10 of this title. If in the exercise  of
 reasonable  diligence  this  information  is  unavailable for disclosure
 within the time period specified in subdivision one of section 245.10 of
 this article, that period shall be stayed  without  need  for  a  motion
 pursuant  to  subdivision  two of section 245.70 of this article; except
 that the prosecution shall notify the defendant  in  writing  that  such
 information has not been disclosed, and such disclosure shall be made as
 soon  as  practicable  and not later than sixty calendar days before the
 first scheduled trial date, unless an  order  is  obtained  pursuant  to
 section 245.70 of this article. When the prosecution's expert witness is
 being  called  in  response  to  disclosure  of an expert witness by the
 defendant, the court shall alter a scheduled trial date,  if  necessary,
 to allow the prosecution thirty calendar days to make the disclosure and
 the  defendant  thirty  calendar  days to prepare and respond to the new
 materials.
   (g) All tapes or other electronic recordings, including all electronic
 recordings of 911 telephone calls made or received  in  connection  with
 the alleged criminal incident, and a designation by the prosecutor as to
 which  of the recordings under this paragraph the prosecution intends to
 introduce at trial or a pre-trial hearing. If the discoverable materials
 under this paragraph exceed ten hours in total length,  the  prosecution
 may  disclose  only the recordings that it intends to introduce at trial
 or a pre-trial hearing, along with a list of the source and  approximate
 quantity  of other recordings and their general subject matter if known,
 and the defendant shall have the right upon request to obtain recordings
 not previously disclosed. The prosecution shall disclose  the  requested
 materials as soon as practicable and not less than fifteen calendar days
 after  the  defendant's request, unless an order is obtained pursuant to
 section 245.70 of this article. THE PROSECUTION MAY WITHHOLD  THE  NAMES
 AND  IDENTIFYING INFORMATION OF ANY PERSON WHO CONTACTED 911 WITHOUT THE
 NEED FOR A PROTECTIVE ORDER PURSUANT TO SECTION 245.70 OF THIS  ARTICLE,
 PROVIDED,  HOWEVER, THE DEFENDANT MAY MOVE THE COURT FOR DISCLOSURE.  IF
 THE PROSECUTION INTENDS TO CALL SUCH PERSON AS A WITNESS AT A  TRIAL  OR
 HEARING,  THE PROSECUTION MUST DISCLOSE THE NAME AND CONTACT INFORMATION
 OF SUCH WITNESS NO LATER THAN FIFTEEN DAYS BEFORE SUCH TRIAL OR HEARING,
 OR AS SOON AS PRACTICABLE.
   (j) All reports, documents, records, data, calculations  or  writings,
 including but not limited to preliminary tests and screening results and
 bench  notes and analyses performed or stored electronically, concerning
 physical or mental examinations, or scientific tests or  experiments  or
 comparisons,  relating  to  the criminal action or proceeding which were
 made by or at the request or direction of a public  servant  engaged  in
 law enforcement activity, or which were made by a person whom the prose-
 cutor  intends  to call as a witness at trial or a pre-trial hearing, or
 which the prosecution intends to introduce at trial or a pre-trial hear-
 ing. Information under this paragraph also includes, but is not  limited
 to,  laboratory  information  management system records relating to such
 materials, any preliminary or final  findings  of  non-conformance  with
 accreditation,  industry  or governmental standards or laboratory proto-
 cols, and any conflicting analyses or results  by  laboratory  personnel
 regardless  of the laboratory's final analysis or results. If the prose-
 cution submitted one or more items for testing to, or  received  results
 from,  a  forensic  science  laboratory  or similar entity not under the
 prosecution's direction or control, the court on motion of a party shall

 S. 7506--B                         351                        A. 9506--B
 
 issue subpoenas or orders to such laboratory or entity to cause  materi-
 als under this paragraph to be made available for disclosure. THE PROSE-
 CUTION  SHALL  NOT  BE  REQUIRED  TO  PROVIDE INFORMATION RELATED TO THE
 RESULTS  OF  PHYSICAL  OR  MENTAL  EXAMINATIONS,  OR SCIENTIFIC TESTS OR
 EXPERIMENTS OR COMPARISONS, UNLESS AND UNTIL SUCH  EXAMINATIONS,  TESTS,
 EXPERIMENTS, OR COMPARISONS HAVE BEEN COMPLETED.
   §  3. Subdivisions 1 and 3 of section 245.70 of the criminal procedure
 law, as added by section 2 of part LLL of chapter  59  of  the  laws  of
 2019, are amended to read as follows:
   1.  Any  discovery subject to protective order. Upon a showing of good
 cause by either party, the court may at any time order that discovery or
 inspection of any kind of material or information under this article  be
 denied, restricted, conditioned or deferred, or make such other order as
 is  appropriate,  INCLUDING, FOR 911 CALLS, ALLOWING THE DISCLOSURE OF A
 TRANSCRIPT OF AN AUDIO RECORDING IN LIEU OF THE RECORDING. The court may
 impose as a condition on discovery to a defendant that the  material  or
 information  to  be  discovered  be  available  only  to counsel for the
 defendant; or,  alternatively,  that  counsel  for  the  defendant,  and
 persons  employed by the attorney or appointed by the court to assist in
 the preparation of a defendant's case, may not disclose physical  copies
 of the discoverable documents to a defendant or to anyone else, provided
 that  the  prosecution  affords the defendant access to inspect redacted
 copies of the discoverable  documents  at  a  supervised  location  that
 provides  regular  and  reasonable  hours  for  such  access,  such as a
 prosecutor's office, police station, facility of  detention,  or  court.
 Should the court impose as a condition that some material or information
 be  available  only to counsel for the defendant, the court shall inform
 the defendant on the record that his or her attorney is not permitted by
 law to disclose such material or information to the defendant. The court
 may permit a party seeking or opposing a  protective  order  under  this
 section,  or another affected person, to submit papers or testify on the
 record ex parte or in camera.  Any such papers and a transcript of  such
 testimony  may  be  sealed  and shall constitute a part of the record on
 appeal. This section does not alter the  allocation  of  the  burden  of
 proof with regard to matters at issue, including privilege.
   3.  Prompt  hearing.  Upon  request for a protective order, unless the
 defendant voluntarily consents to the people's request for a  protective
 order, the court shall conduct an appropriate hearing within three busi-
 ness  days to determine whether good cause has been shown and when prac-
 ticable shall render a decision expeditiously. Any  materials  submitted
 and  a transcript of the proceeding may be sealed and shall constitute a
 part of the record on appeal. WHEN  THE  DEFENDANT  IS  CHARGED  WITH  A
 VIOLENT  FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW, OR
 ANY CLASS A FELONY OTHER THAN THOSE DEFINED IN ARTICLE TWO HUNDRED TWEN-
 TY OF THE PENAL LAW, THE COURT MAY, AT  THE  PROSECUTOR'S  REQUEST,  FOR
 GOOD  CAUSE  SHOWN, CONDUCT SUCH HEARING IN CAMERA AND OUTSIDE THE PRES-
 ENCE OF THE DEFENDANT, PROVIDED HOWEVER THAT THIS SHALL NOT  AFFECT  THE
 RIGHTS OF THE COURT TO RECEIVE TESTIMONY OR PAPERS EX-PARTE OR IN CAMERA
 AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION.
   §  4.  Section  216  of  the  judiciary law is amended by adding a new
 subdivision 5 to read as follows:
   5. THE CHIEF ADMINISTRATOR OF THE  COURTS,  IN  CONJUNCTION  WITH  THE
 DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, SHALL COLLECT DATA AND REPORT
 ANNUALLY REGARDING THE IMPACT OF ARTICLE TWO HUNDRED FORTY-FIVE  OF  THE
 CRIMINAL  PROCEDURE  LAW. SUCH DATA AND REPORT SHALL CONTAIN INFORMATION
 REGARDING THE IMPLEMENTATION OF ARTICLE TWO HUNDRED  FORTY-FIVE  OF  THE

 S. 7506--B                         352                        A. 9506--B

 CRIMINAL PROCEDURE LAW, INCLUDING PROCEDURES USED TO IMPLEMENT THE ARTI-
 CLE,  RESOURCES  NEEDED  FOR IMPLEMENTATION, INFORMATION REGARDING CASES
 WHERE DISCOVERY OBLIGATIONS ARE NOT MET, AND INFORMATION REGARDING  CASE
 OUTCOMES.  THE  REPORT  SHALL  BE RELEASED PUBLICLY AND PUBLISHED ON THE
 WEBSITES OF THE OFFICE OF COURT ADMINISTRATION AND THE DIVISION OF CRIM-
 INAL JUSTICE SERVICES. THE FIRST  REPORT  SHALL  BE  PUBLISHED  EIGHTEEN
 MONTHS  AFTER THE EFFECTIVE DATE OF THIS SECTION, AND SHALL INCLUDE DATA
 FROM THE FIRST TWELVE MONTHS FOLLOWING THE ENACTMENT  OF  THIS  SECTION.
 REPORTS FOR SUBSEQUENT YEARS SHALL PUBLISHED ANNUALLY THEREAFTER.
   § 5. Section 245.75 of the criminal procedure law, as added by section
 2  of  part LLL of chapter 59 of the laws of 2019, is amended to read as
 follows:
 § 245.75 Waiver of discovery by defendant.
   1. A defendant who does not seek discovery from the prosecution  under
 this  article  shall  so  notify  the  prosecution  and the court at the
 defendant's arraignment on an indictment,  superior  court  information,
 prosecutor's  information,  information,  or  simplified information, or
 expeditiously thereafter but before receiving discovery from the  prose-
 cution  pursuant  to  subdivision one of section 245.20 of this article,
 and the defendant need not provide discovery to the prosecution pursuant
 to subdivision four of section 245.20 and section 245.60 of  this  arti-
 cle. A waiver shall be in writing, signed for the individual case by THE
 counsel  for  the  defendant  and  filed with the court. THE COURT SHALL
 INQUIRE OF THE DEFENDANT ON THE RECORD  TO  ENSURE  THAT  THE  DEFENDANT
 UNDERSTANDS  HIS OR HER RIGHT TO DISCOVERY AND RIGHT TO WAIVE DISCOVERY.
 Such a waiver does not alter or in any way affect the procedures,  obli-
 gations  or  rights  set  forth in sections 250.10, 250.20 and 250.30 of
 this title, or otherwise established or required by law. The prosecution
 may not condition a guilty plea offer on the defense's  execution  of  a
 waiver  under  this section. COUNSEL FOR THE DEFENDANT MAY ADVISE HIS OR
 HER CLIENT ABOUT THE DEFENDANT'S RIGHT TO DISCOVERY AND RIGHT  TO  WAIVE
 DISCOVERY;  SUCH  ADVICE  SHALL  NOT  CONSTITUTE A CONDITION OF A GUILTY
 PLEA.
   2. NOTHING IN THIS SECTION SHALL PREVENT THE WAIVER OF DISCOVERY  FROM
 BEING  A  CONDITION  OF  THE  REPLEADER,  WHERE THE DEFENDANT'S ORIGINAL
 CONVICTION IS VACATED ON  AGREEMENT  BETWEEN  THE  PARTIES  PURSUANT  TO
 SECTION 440.10 OF THIS PART.
   § 6. Subdivision 2 of section 245.25 of the criminal procedure law, as
 added  by  section  2  of part LLL of chapter 59 of the laws of 2019, is
 amended and a new subdivision 3 is added to read as follows:
   2. Other guilty pleas. Upon an indictment, superior court information,
 prosecutor's information, information, simplified information, or misde-
 meanor complaint, where the prosecution has made  a  guilty  plea  offer
 requiring  a  plea  to  a  crime,  the  prosecutor  must disclose to the
 defense, and permit the defense to discover, inspect,  copy,  photograph
 and  test, all items and information that would be discoverable prior to
 trial under subdivision one of section 245.20 of this  article  and  are
 within the possession, custody or control of the prosecution. The prose-
 cution  shall  disclose  the discoverable items and information not less
 than seven calendar days prior to the expiration date of any guilty plea
 offer by the prosecution or  any  deadline  imposed  by  the  court  for
 acceptance  of the guilty plea offer. If the prosecution does not comply
 with the requirements of this subdivision, then, on a defendant's motion
 alleging a violation of this subdivision, the court  must  consider  the
 impact  of any violation on the defendant's decision to accept or reject
 a plea offer. If the court finds that such violation materially affected

 S. 7506--B                         353                        A. 9506--B
 
 the defendant's decision, and if the prosecution declines  to  reinstate
 the lapsed or withdrawn plea offer, the court - as a presumptive minimum
 sanction  -  must  preclude  the  admission at trial of any evidence not
 disclosed  as  required under this subdivision. The court may take other
 appropriate action as  necessary  to  address  the  non-compliance.  The
 rights  under this subdivision do not apply to items or information that
 are the subject of a protective order under section 245.70 of this arti-
 cle; but if such information tends to be exculpatory,  the  court  shall
 reconsider the protective order. A defendant may waive his or her rights
 under  this  subdivision; but a guilty plea offer may not be conditioned
 on such waiver.  NOTWITHSTANDING THE TIMELINES CONTAINED IN THE  OPENING
 PARAGRAPH  OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 245.10 OF THIS
 ARTICLE, THE PROSECUTOR'S DISCOVERY OBLIGATION UNDER SUBDIVISION ONE  OF
 SECTION  245.20  OF THIS ARTICLE SHALL BE PERFORMED AS SOON AS PRACTICA-
 BLE, BUT NOT LATER THAN FIFTEEN DAYS BEFORE THE TRIAL  OF  A  SIMPLIFIED
 INFORMATION  CHARGING A TRAFFIC INFRACTION UNDER THE VEHICLE AND TRAFFIC
 LAW, OR BY AN INFORMATION CHARGING ONE OR MORE PETTY OFFENSES AS DEFINED
 BY THE MUNICIPAL CODE OF A VILLAGE, TOWN, CITY, OR COUNTY, THAT  DO  NOT
 CARRY  A  STATUTORILY AUTHORIZED SENTENCE OF IMPRISONMENT, AND WHERE THE
 DEFENDANT STANDS CHARGED BEFORE THE COURT  WITH  NO  CRIME  OR  OFFENSE,
 PROVIDED  HOWEVER  THAT  NOTHING  IN  THIS  SUBDIVISION  SHALL PREVENT A
 DEFENDANT FROM FILING A MOTION FOR DISCLOSURE OF SUCH ITEMS AND INFORMA-
 TION UNDER SUBDIVISION ONE OF SUCH SECTION 245.20 OF THIS ARTICLE AT  AN
 EARLIER DATE.
   3.  REPLEADER.  NOTHING  IN  THIS  SECTION SHALL PREVENT THE WAIVER OF
 DISCOVERY FROM BEING A CONDITION OF A REPLEADER, WHERE  THE  DEFENDANT'S
 ORIGINAL CONVICTION IS VACATED ON AGREEMENT BETWEEN THE PARTIES PURSUANT
 TO SECTION 440.10 OF THIS PART.
   § 7. Section 245.50 of the criminal procedure law, as added by section
 2  of  part LLL of chapter 59 of the laws of 2019, is amended to read as
 follows:
 § 245.50 Certificates of compliance; readiness for trial.
   1. By the prosecution. When the prosecution has provided the discovery
 required by subdivision one of section 245.20 of  this  article,  EXCEPT
 FOR  DISCOVERY THAT IS LOST OR DESTROYED AS PROVIDED BY PARAGRAPH (B) OF
 SUBDIVISION ONE OF SECTION 245.80 OF THIS ARTICLE  AND  except  for  any
 items  or  information  that  are  the  subject  of an order pursuant to
 section 245.70 of this article, it shall serve upon  the  defendant  and
 file  with  the  court  a  certificate of compliance. The certificate of
 compliance shall state that, after exercising due diligence  and  making
 reasonable inquiries to ascertain the existence of material and informa-
 tion  subject to discovery, the prosecutor has disclosed and made avail-
 able all known material and information subject to discovery.  It  shall
 also identify the items provided. If additional discovery is subsequent-
 ly provided prior to trial pursuant to section 245.60 of this article, a
 supplemental  certificate  shall  be served upon the defendant and filed
 with the court  identifying  the  additional  material  and  information
 provided.  No  adverse  consequence to the prosecution or the prosecutor
 shall result from the filing of a  certificate  of  compliance  in  good
 faith  AND REASONABLE UNDER THE CIRCUMSTANCES; but the court may grant a
 remedy or sanction for a discovery  violation  as  provided  in  section
 245.80 of this article.
   2.  By  the  defendant.  When the defendant has provided all discovery
 required by subdivision four of section 245.20 of this  article,  except
 for  any  items or information that are the subject of an order pursuant
 to section 245.70 of this article, counsel for the defendant shall serve

 S. 7506--B                         354                        A. 9506--B
 
 upon the prosecution and file with the court a  certificate  of  compli-
 ance.  The  certificate shall state that, after exercising due diligence
 and making reasonable inquiries to ascertain the existence  of  material
 and  information  subject  to  discovery,  counsel for the defendant has
 disclosed and made available all known material and information  subject
 to  discovery.  It shall also identify the items provided. If additional
 discovery is subsequently provided prior to trial  pursuant  to  section
 245.60  of this article, a supplemental certificate shall be served upon
 the prosecution and filed with  the  court  identifying  the  additional
 material and information provided. No adverse consequence to the defend-
 ant  or  counsel  for  the  defendant  shall result from the filing of a
 certificate of compliance in good faith; but the court may grant a reme-
 dy or sanction for a discovery violation as provided in  section  245.80
 of this article.
   3.  Trial  readiness. Notwithstanding the provisions of any other law,
 absent an individualized finding of [exceptional] SPECIAL  circumstances
 IN THE INSTANT CASE by the court before which the charge is pending, the
 prosecution  shall not be deemed ready for trial for purposes of section
 30.30 of this chapter until it has filed a proper  certificate  pursuant
 to  subdivision  one  of  this section. A COURT MAY DEEM THE PROSECUTION
 READY FOR TRIAL PURSUANT TO SECTION 30.30 OF THIS CHAPTER WHERE INFORMA-
 TION THAT MIGHT BE CONSIDERED DISCOVERABLE UNDER THIS ARTICLE CANNOT  BE
 DISCLOSED  BECAUSE IT HAS BEEN LOST, DESTROYED, OR OTHERWISE UNAVAILABLE
 AS PROVIDED BY PARAGRAPH (B) OF SUBDIVISION ONE  OF  SECTION  245.80  OF
 THIS  ARTICLE, DESPITE DILIGENT AND GOOD FAITH EFFORTS, REASONABLE UNDER
 THE CIRCUMSTANCES. PROVIDED, HOWEVER, THAT THE COURT MAY GRANT A  REMEDY
 OR  SANCTION  FOR A DISCOVERY VIOLATION AS PROVIDED BY SECTION 245.80 OF
 THIS ARTICLE.
   4. CHALLENGES TO, OR QUESTIONS RELATED TO A CERTIFICATE OF  COMPLIANCE
 SHALL BE ADDRESSED BY MOTION.
   §  8.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                 PART III
 
   Section 1. Paragraph a of section 11.00 of the local  finance  law  is
 amended by adding a new subdivision 14-b to read as follows:
    14-B.  AIRPORT  CONSTRUCTION  AND  IMPROVEMENT OF THE ITHACA TOMPKINS
 INTERNATIONAL AIRPORT. THE CONSTRUCTION, RECONSTRUCTION, OR EXTENSION OF
 THE ITHACA TOMPKINS INTERNATIONAL  AIRPORT,  WHETHER  OR  NOT  INCLUDING
 BUILDINGS,  HANGARS,  RUNWAYS, TAXI-STRIPS, PAVED AREAS, PERIMETER FENC-
 ING, GRADING, FILLING, DRAINAGE OR OTHER SITE  WORK,  THIRTY-YEARS;  THE
 ACQUISITION  AND  INSTALLATION  OF AN ABOVE GROUND AIRCRAFT FUEL FARM AT
 THE ITHACA TOMPKINS INTERNATIONAL AIRPORT, INCLUDING  CONNECTING  PIPES,
 VALVES, METERS, PUMPS, CONCRETE SPILL CONTAINMENT FACILITIES, AND APPUR-
 TENANT FACILITIES, TWENTY-FIVE YEARS.
   § 2. This act shall take effect immediately.
 
                                 PART JJJ
 
   Section  1.  Legislative intent. The legislature hereby finds that the
 Mahopac Central  school  district  approved  eight  capital  improvement
 projects  which  are  designated  as project numbers 0001-010, 0002-011,
 0003-004, 0004-011, 0005-011, 0006-011, 5010-007, and 7012-006. In addi-
 tion, the projects were eligible for certain state aid. The  legislature
 further  finds that due to ministerial error, the required filing of the

 S. 7506--B                         355                        A. 9506--B
 
 final cost reports for such projects were not made by such district in a
 timely manner making the district ineligible for certain aid. The legis-
 lature further finds that without  such  aid,  the  capital  improvement
 projects  will  impose an additional, unanticipated hardship on district
 taxpayers.
   § 2. All the acts done and proceedings heretofore  had  and  taken  or
 caused  to be had or taken by the Mahopac Central school district and by
 all its officers or agents relating to or in connection with  a  certain
 final  cost  report  to be filed with the state education department for
 project numbers 0001-010, 0002-011, 0003-004, 0004-011, 0005-011,  0006-
 011,  5010-007, and 7012-006, and all acts incidental thereto are hereby
 legalized, validated, ratified and confirmed, notwithstanding any  fail-
 ure  to  comply with the approval and filing provisions of the education
 law or any other law or any other statutory  authority,  rule  or  regu-
 lation,  in  relation  to  any omissions, error, defect, irregularity or
 illegality in such proceedings had and taken, and provided further  that
 any  amount  due  and payable to the Mahopac Central school district for
 school years prior to the 2018-2019 school year as a result of this  act
 shall be paid pursuant to the provisions of paragraph c of subdivision 5
 of section 3604 of the education law.
   §  3. Notwithstanding section 24-a of part A of chapter 57 of the laws
 of 2013, and consistent with section one of this act,  the  commissioner
 shall  not  recover from the Mahopac Central school district any penalty
 arising from the late filing of a final  cost  report  for  an  approved
 capital  construction  project designated by the department of education
 as project numbers 0001-010,  0002-011,  0003-004,  0004-011,  0005-011,
 0006-011,  5010-007,  and  7012-006  pursuant to section 31 of part A of
 chapter 57 of the laws of 2012, provided that  any  amounts  already  so
 recovered shall be deemed a payment of moneys due for prior years pursu-
 ant to paragraph c of subdivision 5 of section 3604 of the education law
 and  shall  be  paid  to the Mahopac Central school district pursuant to
 such provision, provided that such school district:
   (a) submitted the late or missing final building cost  report  to  the
 commissioner of education;
   (b) such cost report is approved by the commissioner of education;
   (c)  all state funds expended by the school district, as documented in
 such cost report, were properly expended for such  building  project  in
 accordance with the terms and conditions for such project as approved by
 the commissioner of education; and
   (d)  the failure to submit such report in a timely manner was an inad-
 vertent administrative or ministerial oversight by the school  district,
 and  there  is no evidence of any fraudulent or other improper intent by
 such district.
   § 4. This act shall take effect immediately.
 
                                 PART KKK
 
   Section 1. Subdivision 32 of section 364-j of the social services law,
 as added by section 15 of part B of chapter 59 of the laws of  2016  and
 paragraph  (d)  as  amended  by section 1 of part V of chapter 57 of the
 laws of 2019, is amended to read as follows:
   32. (a) The commissioner, OR FOR THE PURPOSES OF SUBPARAGRAPH (IV)  OF
 PARAGRAPH  (C)  OF  THIS  SUBDIVISION, THE MEDICAID INSPECTOR GENERAL IN
 CONSULTATION WITH THE COMMISSIONER, may, in his or her discretion, apply
 penalties to managed care organizations  subject  to  this  section  and
 article forty-four of the public health law, including managed long term

 S. 7506--B                         356                        A. 9506--B
 
 care  plans,  for  untimely  or inaccurate submission of encounter data;
 provided however, no penalty shall  be  assessed  if  the  managed  care
 organization submits, in good faith, timely and accurate data [that] AND
 A  MATERIAL  AMOUNT  OF  SUCH  DATA  is not successfully received by the
 department as a result of department system failures or technical issues
 that are beyond the control of the managed care organization.
   (b) The commissioner, OR FOR THE  PURPOSES  OF  SUBPARAGRAPH  (IV)  OF
 PARAGRAPH  (C)  OF  THIS  SUBDIVISION, THE MEDICAID INSPECTOR GENERAL IN
 CONSULTATION WITH THE COMMISSIONER, shall consider the following  [prior
 to  assessing a penalty against a managed care organization and have the
 discretion to reduce or eliminate a penalty] WHEN DETERMINING WHETHER TO
 ASSESS A PENALTY AGAINST A MANAGED CARE ORGANIZATION AND THE  AMOUNT  OF
 SUCH PENALTY:
   (i) the degree to which the [data submitted is] MANAGED CARE ORGANIZA-
 TION  SUBMITTED  inaccurate  DATA AT A CATEGORY OF SERVICE LEVEL and the
 frequency of SUCH inaccurate data submissions by the managed care organ-
 ization;
   (ii) the degree to which the [data submitted is] MANAGED  CARE  ORGAN-
 IZATION  SUBMITTED  untimely  DATA  OR NO DATA and the frequency of SUCH
 untimely data submissions OR FAILURES TO  SUBMIT  by  the  managed  care
 organization; AND
   (iii)  the  timeliness  of  the managed care organization in curing or
 correcting inaccurate or untimely data[;
   (iv) whether the untimely or inaccurate  data  was  submitted  by  the
 managed care organization or a third party;
   (v)  whether the managed care organization has taken corrective action
 to  reduce  the  likelihood  of  future  inaccurate  or  untimely   data
 submissions; and
   (vi)  whether  the  managed  care organization was or should have been
 aware of inaccurate or untimely data].
   For purposes of this section, "encounter data" shall mean [the  trans-
 actions  required to be reported under the model contract] ALL ENCOUNTER
 RECORDS OR ADJUSTMENTS TO PREVIOUSLY SUBMITTED RECORDS WHICH THE MANAGED
 CARE ORGANIZATION HAS RECEIVED AND PROCESSED FROM PROVIDER ENCOUNTER  OR
 CLAIM  RECORDS OF ALL CONTRACTED SERVICES RENDERED TO AN ENROLLEE OF THE
 MANAGED CARE ORGANIZATION IN THE CURRENT OR ANY PRECEDING  MONTH.    Any
 penalty  assessed  under  this  subdivision  shall  be  calculated  as a
 percentage of the [administrative component of the]  Medicaid  CAPITATED
 premium calculated by the department AND PAID TO THE MANAGED CARE ORGAN-
 IZATION.
   (c)  [Such penalties] (I) PENALTIES ASSESSED PURSUANT TO THIS SUBDIVI-
 SION AGAINST A MANAGED CARE ORGANIZATION OTHER THAN A MANAGED LONG  TERM
 CARE  PLAN  CERTIFIED  PURSUANT TO SECTION FORTY-FOUR HUNDRED THREE-F OF
 THE PUBLIC HEALTH LAW shall be as follows:
   [(i)] (A) for encounter data submitted or resubmitted past  the  dead-
 lines  set  forth in the model contract, THE Medicaid CAPITATED premiums
 shall be reduced by [one and one-half] ONE-THIRD percent; and
   [(ii)] (B) for incomplete or inaccurate encounter data, EVALUATED AT A
 CATEGORY OF SERVICE LEVEL, that fails to conform to department developed
 benchmarks for completeness and accuracy, THE Medicaid CAPITATED  premi-
 ums shall be reduced by [one-half] ONE AND ONE-THIRD percent; and
   [(iii)]  (C)  for  submitted  data that results in a rejection rate in
 excess of ten percent of department  developed  volume  benchmarks,  THE
 Medicaid  CAPITATED  premiums  shall  be reduced by [one-half] ONE-THIRD
 percent.

 S. 7506--B                         357                        A. 9506--B

   (II) PENALTIES  ASSESSED  PURSUANT  TO  THIS  SUBDIVISIONS  AGAINST  A
 MANAGED  LONG  TERM  CARE  PLAN CERTIFIED PURSUANT TO SECTION FORTY-FOUR
 HUNDRED THREE-F OF THE PUBLIC HEALTH LAW SHALL BE AS FOLLOWS:
   (A) FOR ENCOUNTER DATA SUBMITTED OR RESUBMITTED PAST THE DEADLINES SET
 FORTH  IN  THE  MODEL CONTRACT, THE MEDICAID CAPITATED PREMIUMS SHALL BE
 REDUCED BY ONE-QUARTER PERCENT;
   (B) FOR INCOMPLETE OR INACCURATE ENCOUNTER DATA, EVALUATED AT A  CATE-
 GORY  OF  SERVICE  LEVEL,  THAT FAILS TO CONFORM TO DEPARTMENT DEVELOPED
 BENCHMARKS FOR COMPLETENESS AND ACCURACY, THE MEDICAID CAPITATED  PREMI-
 UMS SHALL BE REDUCED BY ONE PERCENT; AND
   (C)  FOR  SUBMITTED DATA THAT RESULTS IN A REJECTION RATE IN EXCESS OF
 TEN PERCENT OF DEPARTMENT  DEVELOPED  VOLUME  BENCHMARKS,  THE  MEDICAID
 CAPITATED PREMIUMS SHALL BE REDUCED BY ONE-QUARTER PERCENT.
   (III)  FOR  INCOMPLETE OR INACCURATE ENCOUNTER DATA, IDENTIFIED IN THE
 COURSE OF AN AUDIT, INVESTIGATION OR REVIEW BY  THE  MEDICAID  INSPECTOR
 GENERAL,  THE  MEDICAID  CAPITATED PREMIUMS SHALL BE REDUCED BY AN ADDI-
 TIONAL ONE PERCENT.
   (d) (i) Penalties under this subdivision may be applied to any and all
 circumstances described in paragraph (b) of this subdivision  until  the
 managed  care organization complies with the requirements for submission
 of encounter data.
   (ii) No penalties for late, incomplete or  inaccurate  encounter  data
 shall  be  assessed  against  managed  care organizations in addition to
 those provided for in this subdivision, provided, however, that  nothing
 in  this  paragraph shall prohibit the imposition of penalties, in cases
 of fraud, WASTE or abuse, otherwise authorized by law.
   § 2. Subdivision 15 of section 4408-a of  the  public  health  law  is
 renumbered  subdivision  16 and a new subdivision 15 is added to read as
 follows:
   15. AN ORGANIZATION SHALL HAVE PROCEDURES FOR OBTAINING AN ENROLLEE'S,
 OR ENROLLEE'S DESIGNEE'S, PREFERENCE FOR RECEIVING NOTIFICATIONS,  WHICH
 SHALL  BE  IN  ACCORDANCE  WITH APPLICABLE FEDERAL LAW AND WITH GUIDANCE
 DEVELOPED BY THE COMMISSIONER. WRITTEN AND TELEPHONE NOTIFICATION TO  AN
 ENROLLEE  OR  THE ENROLLEE'S DESIGNEE UNDER THIS SECTION MAY BE PROVIDED
 BY ELECTRONIC MEANS WHERE THE ENROLLEE OR THE  ENROLLEE'S  DESIGNEE  HAS
 INFORMED  THE  ORGANIZATION  IN  ADVANCE OF A PREFERENCE TO RECEIVE SUCH
 NOTIFICATION BY ELECTRONIC MEANS.   AN  ORGANIZATION  SHALL  PERMIT  THE
 ENROLLEE  AND  THE  ENROLLEE'S  DESIGNEE TO CHANGE THE PREFERENCE AT ANY
 TIME. THE ORGANIZATION SHALL RETAIN DOCUMENTATION OF PREFERRED NOTIFICA-
 TION METHODS AND PRESENT SUCH RECORDS TO THE COMMISSIONER UPON REQUEST.
   § 3. Paragraph (a) of subdivision 2 of  section  4903  of  the  public
 health law, as amended by chapter 371 of the laws of 2015, is amended to
 read as follows:
   (a)  A utilization review agent shall make a utilization review deter-
 mination involving health care services which require  pre-authorization
 and  provide  notice  of  a  determination to the enrollee or enrollee's
 designee and the enrollee's health care provider  by  telephone  and  in
 writing  within three business days of receipt of the necessary informa-
 tion. [To the extent  practicable,  such  written  notification  to  the
 enrollee's  health care provider shall be transmitted electronically, in
 a manner and in a form agreed upon by  the  parties.]  The  notification
 shall  identify;  (i)  whether the services are considered in-network or
 out-of-network; (ii) and whether the enrollee will be held harmless  for
 the  services  and  not  be  responsible for any payment, other than any
 applicable co-payment or co-insurance; (iii) as applicable,  the  dollar
 amount  the  health care plan will pay if the service is out-of-network;

 S. 7506--B                         358                        A. 9506--B
 
 and (iv) as applicable,  information  explaining  how  an  enrollee  may
 determine  the  anticipated out-of-pocket cost for out-of-network health
 care services in a geographical area or zip code based upon the  differ-
 ence between what the health care plan will reimburse for out-of-network
 health care services and the usual and customary cost for out-of-network
 health care services.
   §  4. Section 4903 of the public health law is amended by adding a new
 subdivision 9 to read as follows:
   9. A UTILIZATION REVIEW AGENT SHALL HAVE PROCEDURES FOR  OBTAINING  AN
 ENROLLEE'S, OR ENROLLEE'S DESIGNEE'S, PREFERENCE FOR RECEIVING NOTIFICA-
 TIONS, WHICH SHALL BE IN ACCORDANCE WITH APPLICABLE FEDERAL LAW AND WITH
 GUIDANCE  DEVELOPED BY THE COMMISSIONER. WRITTEN AND TELEPHONE NOTIFICA-
 TION TO AN ENROLLEE OR THE ENROLLEE'S DESIGNEE UNDER THIS SECTION MAY BE
 PROVIDED BY ELECTRONIC MEANS WHERE THE ENROLLEE OR THE ENROLLEE'S DESIG-
 NEE HAS INFORMED THE ORGANIZATION IN ADVANCE OF  PREFERENCE  TO  RECEIVE
 SUCH NOTIFICATIONS BY ELECTRONIC MEANS. AN ORGANIZATION SHALL PERMIT THE
 ENROLLEE  AND  THE  ENROLLEE'S  DESIGNEE TO CHANGE THE PREFERENCE AT ANY
 TIME. TO THE EXTENT PRACTICABLE, SUCH WRITTEN AND TELEPHONE NOTIFICATION
 TO THE ENROLLEE'S HEALTH CARE PROVIDER SHALL  BE  TRANSMITTED  ELECTRON-
 ICALLY, IN A MANNER AND IN A FORM AGREED UPON BY THE PARTIES. THE UTILI-
 ZATION REVIEW AGENT SHALL RETAIN DOCUMENTATION OF PREFERRED NOTIFICATION
 METHODS AND PRESENT SUCH RECORDS TO THE COMMISSIONER UPON REQUEST.
   §  5.  Paragraph  (b)  of  subdivision 3 of section 4904 of the public
 health law, as amended by chapter 586 of the laws of 1998 and as further
 amended by section 104 of part A of chapter 62 of the laws of  2011,  is
 amended to read as follows:
   (b)  a  notice  of the enrollee's right to an external appeal together
 with a description, jointly promulgated  by  the  commissioner  and  the
 superintendent of financial services as required pursuant to subdivision
 five  of  section  forty-nine  hundred  fourteen of this article, of the
 external appeal process established pursuant to title two of this  arti-
 cle and the time frames for such external appeals.  A UTILIZATION REVIEW
 AGENT  SHALL  HAVE PROCEDURES FOR OBTAINING AN ENROLLEE'S, OR ENROLLEE'S
 DESIGNEE'S, PREFERENCE FOR RECEIVING NOTIFICATIONS, WHICH  SHALL  BE  IN
 ACCORDANCE  WITH  APPLICABLE  FEDERAL LAW AND WITH GUIDANCE DEVELOPED BY
 THE COMMISSIONER. WRITTEN AND TELEPHONE NOTIFICATION TO AN  ENROLLEE  OR
 THE ENROLLEE'S DESIGNEE UNDER THIS SECTION MAY BE PROVIDED BY ELECTRONIC
 MEANS  WHERE  THE  ENROLLEE  OR THE ENROLLEE'S DESIGNEE HAS INFORMED THE
 ORGANIZATION IN ADVANCE OF A PREFERENCE TO RECEIVE SUCH NOTIFICATIONS BY
 ELECTRONIC MEANS. AN ORGANIZATION SHALL  PERMIT  THE  ENROLLEE  AND  THE
 ENROLLEE'S  DESIGNEE TO CHANGE THE PREFERENCE AT ANY TIME. TO THE EXTENT
 PRACTICABLE, WRITTEN AND TELEPHONE NOTIFICATION TO THE ENROLLEE'S HEALTH
 CARE PROVIDER SHALL BE TRANSMITTED ELECTRONICALLY, IN A MANNER AND IN  A
 FORM  AGREED  UPON  BY  THE  PARTIES. THE UTILIZATION REVIEW AGENT SHALL
 RETAIN DOCUMENTATION OF PREFERRED NOTIFICATION METHODS AND PRESENT  SUCH
 RECORDS TO THE COMMISSIONER UPON REQUEST.
   § 6. Subsection (o) of section 4802 of the insurance law is relettered
 subsection (p) and a new subsection (o) is added to read as follows:
   (O)  AN  INSURER  SHALL HAVE PROCEDURES FOR OBTAINING AN INSURED'S, OR
 INSURED'S DESIGNEE'S,  PREFERENCE  FOR  RECEIVING  NOTIFICATIONS,  WHICH
 SHALL  BE  IN  ACCORDANCE  WITH APPLICABLE FEDERAL LAW AND WITH GUIDANCE
 DEVELOPED BY THE SUPERINTENDENT. WRITTEN AND TELEPHONE  NOTIFICATION  TO
 AN  INSURED OR THE INSURED'S DESIGNEE UNDER THIS SECTION MAY BE PROVIDED
 BY ELECTRONIC MEANS WHERE THE INSURED  OR  THE  INSURED'S  DESIGNEE  HAS
 INFORMED  THE INSURER IN ADVANCE OF A PREFERENCE TO RECEIVE SUCH NOTIFI-
 CATIONS BY ELECTRONIC MEANS. AN INSURER SHALL PERMIT THE INSURED AND THE

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 INSURED'S DESIGNEE TO CHANGE THE PREFERENCE AT  ANY  TIME.  THE  INSURER
 SHALL RETAIN DOCUMENTATION OF PREFERRED NOTIFICATION METHODS AND PRESENT
 SUCH RECORDS TO THE SUPERINTENDENT UPON REQUEST.
   §  7.  Paragraph  1 of subsection (b) of section 4903 of the insurance
 law, as amended by chapter 371 of the laws of 2015, is amended  to  read
 as follows:
   (1)  A utilization review agent shall make a utilization review deter-
 mination involving health care services which require  pre-authorization
 and provide notice of a determination to the insured or insured's desig-
 nee  and  the insured's health care provider by telephone and in writing
 within three business days of receipt of the necessary information.  [To
 the  extent  practicable,  such  written  notification to the enrollee's
 health care provider shall be transmitted electronically,  in  a  manner
 and  in a form agreed upon by the parties.] The notification shall iden-
 tify: (i) whether the services are considered in-network or  out-of-net-
 work;  (ii)  whether  the insured will be held harmless for the services
 and not be responsible  for  any  payment,  other  than  any  applicable
 co-payment,  co-insurance or deductible; (iii) as applicable, the dollar
 amount the health care plan will pay if the service  is  out-of-network;
 and (iv) as applicable, information explaining how an insured may deter-
 mine  the  anticipated out-of-pocket cost for out-of-network health care
 services in a geographical area or zip code based  upon  the  difference
 between  what  the  health  care  plan will reimburse for out-of-network
 health care services and the usual and customary cost for out-of-network
 health care services.
   § 8. Section 4903 of the insurance law is  amended  by  adding  a  new
 subsection (i) to read as follows:
   (I)  A UTILIZATION REVIEW AGENT SHALL HAVE PROCEDURES FOR OBTAINING AN
 INSURED'S, OR INSURED'S DESIGNEE'S, PREFERENCE FOR  RECEIVING  NOTIFICA-
 TIONS, WHICH SHALL BE IN ACCORDANCE WITH APPLICABLE FEDERAL LAW AND WITH
 GUIDANCE  DEVELOPED BY THE SUPERINTENDENT. WRITTEN AND TELEPHONE NOTIFI-
 CATION TO AN INSURED OR THE INSURED'S DESIGNEE UNDER THIS SECTION MAY BE
 PROVIDED BY ELECTRONIC MEANS WHERE THE INSURED OR THE INSURED'S DESIGNEE
 HAS INFORMED THE UTILIZATION REVIEW AGENT IN ADVANCE OF A PREFERENCE  TO
 RECEIVE  SUCH  NOTIFICATIONS  BY  ELECTRONIC MEANS. A UTILIZATION REVIEW
 AGENT SHALL PERMIT THE INSURED AND THE INSURED'S DESIGNEE TO CHANGE  THE
 PREFERENCE  AT  ANY  TIME.  TO  THE EXTENT PRACTICABLE, SUCH WRITTEN AND
 TELEPHONE NOTIFICATION TO THE INSURED'S HEALTH CARE  PROVIDER  SHALL  BE
 TRANSMITTED ELECTRONICALLY, IN A MANNER AND IN A FORM AGREED UPON BY THE
 PARTIES.  THE  UTILIZATION  REVIEW  AGENT  SHALL RETAIN DOCUMENTATION OF
 PREFERRED NOTIFICATION METHODS AND PRESENT SUCH RECORDS  TO  THE  SUPER-
 INTENDENT UPON REQUEST.
   §  9.  Paragraph  2 of subsection (c) of section 4904 of the insurance
 law, as amended by chapter 586 of the laws of 1998, is amended  to  read
 as follows:
   (2)  a  notice  of  the insured's right to an external appeal together
 with a description, jointly promulgated by the  superintendent  and  the
 commissioner of health as required pursuant to subsection (e) of section
 four  thousand  nine  hundred  fourteen of this article, of the external
 appeal process established pursuant to title two of this article and the
 time frames for such external appeals.  A UTILIZATION REVIEW AGENT SHALL
 HAVE PROCEDURES FOR OBTAINING AN  INSURED'S,  OR  INSURED'S  DESIGNEE'S,
 PREFERENCE  FOR  RECEIVING  NOTIFICATIONS,  WHICH SHALL BE IN ACCORDANCE
 WITH APPLICABLE FEDERAL LAW AND WITH GUIDANCE DEVELOPED  BY  THE  SUPER-
 INTENDENT.  WRITTEN  AND  TELEPHONE  NOTIFICATION  TO  AN INSURED OR THE
 INSURED'S DESIGNEE UNDER THIS SECTION  MAY  BE  PROVIDED  BY  ELECTRONIC

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 MEANS  WHERE  THE  INSURED  OR  THE  INSURED'S DESIGNEE HAS INFORMED THE
 INSURER IN ADVANCE OF A PREFERENCE  TO  RECEIVE  SUCH  NOTIFICATIONS  BY
 ELECTRONIC  MEANS.   A UTILIZATION REVIEW AGENT SHALL PERMIT THE INSURED
 AND  THE INSURED'S DESIGNEE TO CHANGE THE PREFERENCE AT ANY TIME. TO THE
 EXTENT PRACTICABLE, WRITTEN AND TELEPHONE NOTIFICATION TO THE  INSURED'S
 HEALTH  CARE  PROVIDER  SHALL BE TRANSMITTED ELECTRONICALLY, IN A MANNER
 AND IN A FORM AGREED UPON BY THE PARTIES. THE UTILIZATION  REVIEW  AGENT
 SHALL RETAIN DOCUMENTATION OF PREFERRED NOTIFICATION METHODS AND PRESENT
 SUCH RECORDS TO THE SUPERINTENDENT UPON REQUEST.
   §  10.  Contingent  upon the availability of federal financial partic-
 ipation or other federal authorization from the centers of medicare  and
 medicaid  services, the commissioner of health, in consultation with the
 superintendent of the department of financial services, is authorized to
 implement one or more five-year  regional  demonstration  programs  that
 would  be  designed to improve health outcomes and reduce costs, using a
 value based model that pays providers an actuarially sound global,  pre-
 paid and fully capitated amount for individuals in the designated region
 who  are enrolled in the state's plan for medical assistance established
 pursuant to title XIX, or any successor title,  of  the  federal  social
 security  act; the Medicare program established pursuant to title XVIII,
 or any successor title, of the federal social security act;  and  insur-
 ers,  corporations,  and  health  care  plans authorized pursuant to the
 insurance law or public health law. The demonstration program may  offer
 funding  and  incentives  designed to improve health outcomes for attri-
 buted individual beneficiaries  designed  to  improve  health  outcomes,
 develop necessary infrastructure and systems; and connect individuals to
 community  based  organizations  that address the social determinants of
 health.   Notwithstanding any provision of  law  to  the  contrary,  the
 commissioner  or  the  superintendent  of  the  department  of financial
 services may waive any  regulatory  requirements  as  are  necessary  to
 implement  the demonstration program; provided however, that regulations
 pertaining to patient safety, patient autonomy, patient privacy, patient
 rights, due process, scope of practice, professional licensure, environ-
 mental protections, provider  reimbursement  methodologies,  or  occupa-
 tional  standards  and  employee rights may not be waived, nor shall any
 regulations be waived if such waiver would risk patient safety.  Partic-
 ipation in such program shall be voluntary. One year after this  section
 shall  take  effect  and  annually thereafter the commissioner of health
 shall provide a report detailing the activities  and  outcomes  of  such
 program,  including  any regulatory requirements that are waived, to the
 speaker of the assembly and the temporary president of the senate.
   § 11. Contingent upon the availability of  federal  financial  partic-
 ipation  or other federal authorization from the centers of medicare and
 medicaid services, the commissioner of health, in consultation with  the
 superintendent of the department of financial services, is authorized to
 design  and  implement  a  five-year  demonstration, with implementation
 beginning January 2022, utilizing an actuarially sound global budget and
 global approach, and which is aimed at accelerating regional  population
 health  improvement  initiatives; adopting value-based models in accord-
 ance with the state department of health  Medicaid  Value-Based  Payment
 Roadmap; and aligning care incentives under an integrated health system.
 The  demonstration  may  include the safety net hospitals in one or more
 counties or regions of the state providing a high percentage of services
 to individuals in the designated region who are enrolled in the  state's
 plan  for  medical  assistance established pursuant to title XIX, or any
 successor title, of the  federal  social  security  act;  and  insurers,

 S. 7506--B                         361                        A. 9506--B

 corporations, and health care plans authorized pursuant to the insurance
 law  or public health law, as well as regional providers, to deliver and
 promote  quality  and  performance  through  an  integrated  model.  The
 provisions  of this paragraph shall not take effect unless all necessary
 approvals under federal law and regulation have been obtained to receive
 federal financial participation in the costs of services provided  under
 this  paragraph, and shall be subject to the terms of a binding memoran-
 dum of understanding executed between the department of health  and  the
 demonstration's  participants.    Participation in such program shall be
 voluntary. One year after this section shall take  effect  and  annually
 thereafter  the  commissioner of health shall provide a report detailing
 the activities and outcomes of such program to the speaker of the assem-
 bly and the temporary president of the senate.
   § 12. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020; provided,
 however,  that  the amendments to subdivision 32 of section 364-j of the
 social services law made by section one of this act shall not affect the
 repeal of such section and shall be deemed repealed therewith.  Provided
 further, however, that the director of the budget may,  in  consultation
 with  the  commissioner  of health, delay the effective dates prescribed
 herein for a period of time which shall not exceed ninety days following
 the conclusion or termination of an executive order issued  pursuant  to
 section 28 of the executive law declaring a state disaster emergency for
 the entire state of New York, upon such delay the director of the budget
 shall  notify  the  chairs  of the assembly ways and means committee and
 senate finance committee and the  chairs  of  the  assembly  and  senate
 health  committee;  provided  further, however, that the director of the
 budget shall notify the legislative bill drafting  commission  upon  the
 occurrence  of  a  delay in the effective date of this act in order that
 the commission may maintain an accurate and timely effective  data  base
 of the official text of the laws of the state of New York in furtherance
 of  effectuating the provisions of section 44 of the legislative law and
 section 70-b of the public officers law.
 
                                 PART LLL
 
   Section 1.  Section 13 of chapter 141 of the laws  of  1994,  amending
 the  legislative law and the state finance law relating to the operation
 and administration of the legislature, as amended by section 1  of  part
 II of chapter 57 of the laws of 2019, is amended to read as follows:
   §  13.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect as of April 1, 1994,  provided  that,
 the  provisions  of  section  5-a  of  the legislative law as amended by
 sections two and two-a of this act shall take effect on January 1, 1995,
 and provided further that, the provisions of article 5-A of the legisla-
 tive law as added by section eight of this act  shall  expire  June  30,
 [2020]  2021 when upon such date the provisions of such article shall be
 deemed repealed; and provided further that section twelve  of  this  act
 shall be deemed to have been in full force and effect on and after April
 10, 1994.
   § 2. This act shall not supersede the findings and determinations made
 by  the  compensation  committee  as  authorized pursuant to part HHH of
 chapter 59 of the laws of 2018 unless a court of competent  jurisdiction
 determines  that  such findings and determinations are invalid or other-
 wise not applicable or in force.

 S. 7506--B                         362                        A. 9506--B
 
   § 3. This act shall take effect  immediately,  provided,  however,  if
 this  act shall take effect on or after June 30, 2020, this act shall be
 deemed to have been in full force and effect on and after June 30, 2020.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable  effective date of Parts A through LLL of this act shall
 be as specifically set forth in the last section of such Parts.