S T A T E   O F   N E W   Y O R K
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                                  5843--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2021
                                ___________
 
 Introduced  by  M.  of  A. REYES, L. ROSENTHAL, EPSTEIN, ANDERSON, GOTT-
   FRIED,  DAVILA,  BURGOS,  FORREST,   GALLAGHER,   WEPRIN,   FERNANDEZ,
   MITAYNES,  TAYLOR,  SIMON, SEPTIMO, SAYEGH, BARNWELL, MONTESANO, JACK-
   SON,  NIOU,  GONZALEZ-ROJAS,  CRUZ,  CARROLL,   DINOWITZ,   SEAWRIGHT,
   BICHOTTE HERMELYN,  LAVINE,  CLARK,  KIM,  McDONOUGH,  MAMDANI, QUART,
   ENGLEBRIGHT, SOLAGES, FALL, BENEDETTO, TAPIA, BURDICK, JOYNER,  ZINER-
   MAN,  OTIS, HEVESI, J. RIVERA, COLTON, DARLING, ABBATE, REILLY -- read
   once and referred to the Committee on Higher Education --  recommitted
   to  the Committee on Higher Education in accordance with Assembly Rule
   3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the education law and the state finance law, in relation
   to enacting The New Deal for CUNY
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This enacts "The New Deal for CUNY".
   § 2. Legislative intent. The Legislature hereby  recognizes  the  need
 for  The New Deal for CUNY to ensure that the commitment the Legislature
 articulated in establishing the city university of New York is  extended
 to present and future generations.  The 1961 legislation recognized that
 the creation of a city university as a single unified system was "justi-
 fied"  by the special needs of a multi-racial urban constituency and the
 "vital importance" of creating opportunities for disadvantaged New York-
 ers. Those needs have only grown in the half-century since the  Legisla-
 ture's  action.  Yet  CUNY's  ability  to fulfill them has diminished as
 enrollment has skyrocketed and investment has failed to keep  pace.  The
 New  Deal for CUNY reimagines CUNY as the vital urban university it must
 be if it is to serve the people of New York. It enhances CUNY's historic
 role as a leader in educational  justice  and  economic  transformation.
 This  legislation restores free tuition, ensures adequate faculty staff-
 ing, and aligns student support with nationally  recommended  standards.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09097-06-2
              

 A. 5843--A                          2
 
 In doing so, The New Deal for CUNY restores New York to national leader-
 ship  in  public  higher  education  and removes the barriers to student
 success that have prevented thousands of CUNY  students  from  realizing
 the  full potential of a college degree. The New Deal for CUNY gradually
 increases the  ratio  of  students  to  full-time  faculty  at  CUNY  to
 nationally  recommended  levels,  with  a special emphasis on racial and
 ethnic diversity in hiring. It also replaces the system of  underpayment
 for  contingent  faculty  with  a  dignified  labor system that provides
 students with the support they urgently  need.  CUNY  students,  perhaps
 more  than  any  other  college population in the country, bear stresses
 that make it extraordinarily difficult to  stay  in  college,  sometimes
 even  to  survive.  The  New Deal for CUNY addresses the urgent need for
 student support by gradually escalating the hiring of mental health  and
 other  counselors  to  bring CUNY into line with national standards. The
 New Deal for CUNY  mandates  that  all  tuition  and  student  fees  for
 in-state   undergraduate   students  within  specified  time-frames  for
 completion of degree be eliminated, and that the revenue to the colleges
 that would otherwise derive from tuition and fees be  replaced  annually
 by federal, state, and city funds.
   §  3. Subdivision A of section 6221 of the education law is amended by
 adding a new paragraph 4-b to read as follows:
   4-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY,  SUBJECT  TO  AMOUNTS  MADE  AVAILABLE  BY  APPROPRIATION,
 COMMENCING  IN  THE  TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR
 ACADEMIC YEAR, THE CITY UNIVERSITY SHALL BE ENTITLED TO ANNUALLY RECEIVE
 ONE HUNDRED PERCENT REIMBURSEMENT FOR THE ANNUAL  COST  OF  TUITION  AND
 STUDENT  FEES  FOR  EACH  MATRICULATED  UNDERGRADUATE  STUDENT AT A CITY
 UNIVERSITY SENIOR COLLEGE AND  COMMUNITY  COLLEGE  WHO  IS  ENROLLED  IN
 CREDIT-BARING  ACADEMIC  COURSEWORK  AND  IS ON TRACK TO GRADUATE.   THE
 STATE COMPTROLLER SHALL ESTABLISH A SEPARATE FUND FOR SUCH MONIES TO  BE
 DISTRIBUTED  TO  THE  CITY  UNIVERSITY  OF NEW YORK. THE CITY UNIVERSITY
 SHALL RECEIVE AN AMOUNT EQUAL TO THE FULL COST OF IN-STATE UNDERGRADUATE
 TUITION AND STUDENT FEES FOR EACH QUALIFYING, MATRICULATED  STUDENT  WHO
 SUCCESSFULLY  COMPLETES  CREDIT-BEARING  ACADEMIC  COURSEWORK  AND IS ON
 TRACK TO GRADUATE. THE FULL COST OF TUITION SHALL NOT INCLUDE ANY  ADDI-
 TIONAL  FUNDS  THE  STUDENT MAY RECEIVE FROM ANY OTHER NEW YORK STATE OR
 FEDERAL GRANT, AWARD, OR SCHOLARSHIP PROGRAM. THE DEPOSIT OF THESE FUNDS
 SHALL BE UTILIZED AS FIRST DOLLAR AWARDS TO THE  STUDENTS  AT  THE  CITY
 UNIVERSITY.  ANY  STUDENT  NOT  SUCCESSFULLY  COMPLETING  CREDIT-BEARING
 ACADEMIC COURSEWORK IN A SEMESTER SHALL STILL BE ELIGIBLE TO RECEIVE ALL
 OTHER GRANTS, AWARDS, AND SCHOLARSHIPS FOR WHICH THEY QUALIFY BUT  SHALL
 NOT  BE ELIGIBLE FOR THE TUITION AND STUDENT FEE REIMBURSEMENT DESCRIBED
 HEREIN. STUDENTS SHALL BE ELIGIBLE TO RECEIVE A ONE  SEMESTER  EXEMPTION
 FROM  THE REQUIREMENT TO COMPLETE CREDIT-BEARING ACADEMIC COURSEWORK FOR
 SUCH TUITION  REIMBURSEMENT  AS  PROMULGATED  BY  THE  HIGHER  EDUCATION
 SERVICES CORPORATION. SUCH EXEMPTION SHALL NOT PRECLUDE ANY STUDENT FROM
 EXERCISING  THEIR  RIGHT TO APPEAL PURSUANT TO HIGHER EDUCATION SERVICES
 CORPORATION POLICY. THE STATE COMPTROLLER SHALL DEPOSIT SUCH MONIES WITH
 THE CITY UNIVERSITY NO LATER THAN THIRTY DAYS AFTER  THE  START  OF  THE
 SEMESTER.
   §  4. Section 6206 of the education law is amended by adding three new
 subdivisions 22, 23 and 24 to read as follows:
   22. EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE  CITY  UNIVERSITY
 OF  NEW YORK SHALL MAINTAIN, AT A MINIMUM, A RATIO OF ONE CLINICAL, NON-
 STUDENT MENTAL HEALTH STAFF MEMBER PER ONE THOUSAND STUDENTS. WITHIN TWO
 YEARS OF THE EFFECTIVE DATE OF  THIS  SUBDIVISION,  EACH  COMMUNITY  AND
 A. 5843--A                          3
 
 SENIOR  COLLEGE  SHALL  ESTABLISH,  AND REQUIRE A MEETING OF, A BOARD OF
 ADVISORS  HAVING  EXPERTISE  IN  THE  AREA  OF  CLINICAL  MENTAL  HEALTH
 SERVICES.  THE  ADVISORY  BOARDS  SHALL,  USING CURRENT DATA, UPDATE AND
 MODIFY,  AS  NECESSARY, SUCH RATIOS BASED ON ACTUAL RATIOS IN THIS STATE
 AND ANY NEW INFORMATION RELATED TO  APPROPRIATE  BENCHMARKS  FOR  CLINI-
 CIAN-TO-STUDENT  RATIOS.  DATA  COLLECTED  BY THE ADVISORY BOARDS MAY BE
 USED AS A MEANS TO INCREASE THE NUMBER OF MENTAL HEALTH  STAFF  MEMBERS.
 IN  NO EVENT SHALL THE RATIO FALL BELOW ONE CLINICAL, NON-STUDENT MENTAL
 HEALTH STAFF MEMBER PER ONE THOUSAND  STUDENTS.  FOLLOWING  THE  INITIAL
 MEETING, ADVISORY BOARDS SHALL MEET ONCE EVERY FIVE YEARS. THIS SUBDIVI-
 SION  SHALL NOT BE FUNDED BY STUDENT TUITION OR FEES CREATED ON OR AFTER
 THE EFFECTIVE DATE OF THIS SUBDIVISION. COMMUNITY  COLLEGES  AND  SENIOR
 COLLEGES  IN THE CITY UNIVERSITY OF NEW YORK MAY SEEK FEDERAL FUNDING OR
 PRIVATE  GRANTS,  IF  AVAILABLE,  TO  FURTHER  EXPAND  AND  SUPPORT  THE
 PROVISIONS  OF THIS SUBDIVISION. ANY FACULTY AND STAFF HIRED THROUGH THE
 ASSISTANCE OF FEDERAL FUNDING OR PRIVATE GRANTS PURSUANT TO THIS  SUBDI-
 VISION SHALL BE TREATED AND CLASSIFIED AS FULL-TIME PUBLIC EMPLOYEES AND
 COVERED  UNDER  ANY COLLECTIVELY BARGAINED CONTRACTS IN THEIR RESPECTIVE
 BARGAINING UNITS. THE CITY UNIVERSITY SHALL  REPORT  ANNUALLY,  ON  JULY
 FIRST,  TO  THE  CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
 ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCA-
 TION COMMITTEE, AND THE CHAIR OF THE ASSEMBLY HIGHER EDUCATION COMMITTEE
 ON THE FOLLOWING CRITERIA:
   A. THE RATIO OF CLINICAL AND NON-STUDENT MENTAL HEALTH STAFF  EMPLOYED
 AND WHAT THAT NUMBER EQUATES TO PER STUDENT;
   B.  THE  NUMBER  OF FULL-TIME MENTAL HEALTH STAFF, AND NUMBER OF PART-
 TIME MENTAL HEALTH STAFF PER CAMPUS, INCLUDING THOSE WHO MAY NOT POSSESS
 THE TITLE MENTAL HEALTH STAFF BUT ARE PRIMARILY EMPLOYED TO PERFORM  AND
 CARRY  OUT  THE  DUTIES  TYPICALLY  ASSIGNED TO, AND FUNCTION AS, MENTAL
 HEALTH STAFF; AND
   C. THE MEAN AND MEDIAN  NUMBER  OF  STUDENTS  RECEIVING  SERVICES  PER
 CAMPUS  IN  THE  TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR
 ACADEMIC YEAR AND IN THE ACADEMIC YEAR IN WHICH THE REPORT  IS  PREPARED
 FROM FULL-TIME MENTAL HEALTH STAFF, AND FROM PART-TIME ACADEMIC ADVISOR.
   23.  COMMENCING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-
 FOUR ACADEMIC YEAR EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY
 UNIVERSITY OF NEW YORK SHALL MAINTAIN A MINIMUM ACADEMIC STAFFING  RATIO
 OF  FORTY-FIVE  FULL-TIME  FACULTY  MEMBERS  PER  ONE THOUSAND FULL-TIME
 EQUIVALENT STUDENTS. COMMENCING IN  THE  TWO  THOUSAND  TWENTY-FOUR--TWO
 THOUSAND  TWENTY-FIVE  ACADEMIC  YEAR  EACH COMMUNITY COLLEGE AND SENIOR
 COLLEGE OF THE CITY UNIVERSITY OF NEW  YORK  SHALL  MAINTAIN  A  MINIMUM
 ACADEMIC STAFFING RATIO OF FIFTY FULL-TIME FACULTY MEMBERS PER ONE THOU-
 SAND  FULL-TIME  EQUIVALENT  STUDENTS.    COMMENCING IN THE TWO THOUSAND
 TWENTY-FIVE--TWO  THOUSAND  TWENTY-SIX  ACADEMIC  YEAR  EACH   COMMUNITY
 COLLEGE  AND  SENIOR  COLLEGE  OF  THE CITY UNIVERSITY OF NEW YORK SHALL
 MAINTAIN A MINIMUM  ACADEMIC  STAFFING  RATIO  OF  FIFTY-FIVE  FULL-TIME
 FACULTY   MEMBERS   PER  ONE  THOUSAND  FULL-TIME  EQUIVALENT  STUDENTS.
 COMMENCING IN THE TWO  THOUSAND  TWENTY-SIX--TWO  THOUSAND  TWENTY-SEVEN
 ACADEMIC  YEAR  EACH  COMMUNITY  COLLEGE  AND SENIOR COLLEGE OF THE CITY
 UNIVERSITY OF NEW YORK SHALL MAINTAIN A MINIMUM ACADEMIC STAFFING  RATIO
 OF SIXTY FULL-TIME FACULTY MEMBERS PER ONE THOUSAND FULL-TIME EQUIVALENT
 STUDENTS.  COMMENCING  IN  THE  TWO  THOUSAND TWENTY-SEVEN--TWO THOUSAND
 TWENTY-EIGHT ACADEMIC YEAR AND  EACH  YEAR  THEREAFTER,  EACH  COMMUNITY
 COLLEGE  AND  SENIOR  COLLEGE  OF  THE CITY UNIVERSITY OF NEW YORK SHALL
 MAINTAIN A MINIMUM  ACADEMIC  STAFFING  RATIO  OF  SIXTY-FIVE  FULL-TIME
 FACULTY  MEMBERS  PER  ONE THOUSAND FULL-TIME EQUIVALENT STUDENTS.  THIS
 A. 5843--A                          4

 SUBDIVISION SHALL NOT BE FUNDED BY STUDENT FEES CREATED ON OR AFTER  THE
 EFFECTIVE  DATE  OF THIS SUBDIVISION. ANY FACULTY OR STAFF HIRED THROUGH
 THE ASSISTANCE OF FEDERAL FUNDING OR PRIVATE  GRANTS  PURSUANT  TO  THIS
 SUBDIVISION  SHALL BE TREATED AND CLASSIFIED AS FULL-TIME PUBLIC EMPLOY-
 EES AND COVERED UNDER ANY  COLLECTIVELY  BARGAINED  CONTRACTS  IN  THEIR
 RESPECTIVE  BARGAINING UNITS. THE CITY UNIVERSITY SHALL UTILIZE NATIONAL
 SEARCHES TO ENSURE RECRUITMENT OF DIVERSE FACULTY FROM  UNDERREPRESENTED
 RACIAL,  ETHNIC, AND GENDER GROUPS, AND PRIORITIZE THE CREATION OF FULL-
 TIME FACULTY POSITIONS FOR ADJUNCT FACULTY  CURRENTLY  EMPLOYED  BY  THE
 UNIVERSITY  IN  ORDER  TO  MEET  THE  MINIMUM  ACADEMIC  STAFFING RATIOS
 DESCRIBED HEREIN. THE CITY UNIVERSITY SHALL  REPORT  ANNUALLY,  ON  JULY
 FIRST,  TO  THE  CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
 ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCA-
 TION COMMITTEE, AND THE CHAIR OF THE ASSEMBLY HIGHER  EDUCATION  COMMIT-
 TEE.  THE  REPORT  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, THE FOLLOWING
 CRITERIA:
   A. DATA THAT INDICATES WHETHER THE CITY UNIVERSITY  IS  IN  COMPLIANCE
 WITH THE MANDATORY MINIMUM ACADEMIC STAFFING RATIOS ESTABLISHED PURSUANT
 TO THIS SUBDIVISION;
   B.  THE  NUMBER BY CAMPUS, IN THE TWO THOUSAND TWENTY-THREE--TWO THOU-
 SAND TWENTY-FOUR ACADEMIC YEAR AND IN THE ACADEMIC  YEAR  IN  WHICH  THE
 REPORT  IS  PREPARED,  OF  EACH  FULL-TIME  TENURED  FACULTY,  FULL-TIME
 TENURE-TRACK FACULTY,  FULL-TIME  NON-TENURE  TRACK  FACULTY,  INCLUDING
 THOSE  WHO  MAY  NOT  HAVE  A  FACULTY OR ACADEMIC JOB TITLE BUT PERFORM
 INSTRUCTIONAL DUTIES AND NUMBER OF FACULTY LINES  AND  UNFILLED  FACULTY
 POSITIONS;
   C.  THE MEAN AND MEDIAN CLASS SIZE BY CAMPUS IN THE TWO THOUSAND TWEN-
 TY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR  AND  IN  THE  ACADEMIC
 YEAR  IN  WHICH  THE  REPORT IS PREPARED, FOR FULL-TIME TENURED FACULTY,
 FULL-TIME TENURE TRACK FACULTY, AND FULL-TIME NON TENURE  TRACK  FACULTY
 AND INSTRUCTIONAL STAFF;
   D.  THE  MEAN  AND MEDIAN CLASS SIZE BY LEVEL FOR REMEDIAL ONE HUNDRED
 LEVEL INTRODUCTORY COURSES, AND TWO HUNDRED LEVEL MID-LEVEL COURSES  AND
 ABOVE  FOR COMPLETION OF AN ASSOCIATE DEGREE AND BACCALAUREATE DEGREE IN
 THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND  TWENTY-FOUR  ACADEMIC  YEAR
 AND IN THE ACADEMIC YEAR IN WHICH THE REPORT IS PREPARED;
   E.  THE  NUMBER OF PART-TIME NON TENURE TRACK FACULTY IN THE TWO THOU-
 SAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC  YEAR  AND  IN  THE
 ACADEMIC  YEAR  IN WHICH THE REPORT IS PREPARED, INCLUDING THOSE WHO MAY
 NOT HAVE A FACULTY OR  ACADEMIC  JOB  TITLE  BUT  PERFORM  INSTRUCTIONAL
 DUTIES, BY CAMPUS; AND
   F.  THE  MEAN AND MEDIAN CLASS SIZE BY CAMPUS FOR PART-TIME NON TENURE
 TRACK FACULTY AND INSTRUCTIONAL STAFF IN THE TWO THOUSAND  TWENTY-THREE-
 -TWO  THOUSAND  TWENTY-FOUR  ACADEMIC  YEAR  AND IN THE ACADEMIC YEAR IN
 WHICH THE REPORT IS PREPARED.
   24. COMMENCING IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND  TWENTY-
 FOUR ACADEMIC YEAR EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY
 UNIVERSITY  OF  NEW  YORK  SHALL  MAINTAIN, AT A MINIMUM, A RATIO OF ONE
 ACADEMIC ADVISOR PER SIX HUNDRED FULL-TIME EQUIVALENT STUDENTS. COMMENC-
 ING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND  TWENTY-FIVE  ACADEMIC
 YEAR, THE MINIMUM STAFFING RATIO FOR ACADEMIC ADVISORS AT EACH COMMUNITY
 COLLEGE  AND  SENIOR COLLEGE OF THE CITY UNIVERSITY OF NEW YORK SHALL BE
 ONE  ACADEMIC  ADVISOR  PER  EVERY  FOUR  HUNDRED  FULL-TIME  EQUIVALENT
 STUDENTS. COMMENCING IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWEN-
 TY-SIX  ACADEMIC  YEAR, THE MINIMUM STAFFING RATIO FOR ACADEMIC ADVISORS
 AT EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY  UNIVERSITY  OF
 A. 5843--A                          5
 
 NEW YORK SHALL BE ONE ACADEMIC ADVISOR FOR EVERY THREE HUNDRED FULL-TIME
 EQUIVALENT  STUDENTS.  COMMENCING  IN  THE  TWO THOUSAND TWENTY-SIX--TWO
 THOUSAND TWENTY-SEVEN ACADEMIC YEAR,  AND  EVERY  YEAR  THEREAFTER,  THE
 MINIMUM  STAFFING  RATIO FOR ACADEMIC ADVISORS AT EACH COMMUNITY COLLEGE
 AND SENIOR COLLEGE OF THE CITY UNIVERSITY  OF  NEW  YORK  SHALL  BE  ONE
 ACADEMIC ADVISOR FOR EVERY TWO HUNDRED AND FIFTY STUDENTS. THIS SUBDIVI-
 SION  SHALL NOT BE FUNDED BY STUDENT TUITION OR FEES CREATED ON OR AFTER
 ITS EFFECTIVE DATE.  COMMUNITY COLLEGES AND SENIOR COLLEGES IN THE  CITY
 UNIVERSITY  OF  NEW  YORK MAY SEEK FEDERAL FUNDING OR PRIVATE GRANTS, IF
 AVAILABLE, TO FURTHER EXPAND AND SUPPORT THE PROVISIONS OF THIS SUBDIVI-
 SION. ANY FACULTY AND STAFF HIRED  THROUGH  THE  ASSISTANCE  OF  FEDERAL
 FUNDING  OR PRIVATE GRANTS PURSUANT TO THIS SUBDIVISION SHALL BE TREATED
 AND CLASSIFIED AS FULL-TIME  PUBLIC  EMPLOYEES  AND  COVERED  UNDER  ANY
 COLLECTIVELY  BARGAINED  CONTRACTS IN THEIR RESPECTIVE BARGAINING UNITS.
 THE CITY UNIVERSITY SHALL REPORT ANNUALLY ON JULY FIRST TO THE CHAIR  OF
 THE  SENATE  FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
 COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCATION COMMITTEE,  AND  THE
 CHAIR  OF  THE  ASSEMBLY  HIGHER EDUCATION COMMITTEE.   THE REPORT SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING CRITERIA:
   A. WHETHER THE CITY UNIVERSITY IS IN  COMPLIANCE  WITH  THE  MANDATORY
 MINIMUM  ACADEMIC  ADVISOR  STAFFING RATIOS ESTABLISHED PURSUANT TO THIS
 SUBDIVISION;
   B. THE NUMBER OF FULL-TIME ACADEMIC ADVISORS PER CAMPUS, AND NUMBER OF
 PART-TIME ACADEMIC ADVISORS, INCLUDING THOSE WHO  MAY  NOT  POSSESS  THE
 TITLE  ACADEMIC  ADVISOR BUT ARE PRIMARILY EMPLOYED TO PERFORM AND CARRY
 OUT THE DUTIES TYPICALLY ASSIGNED TO, AND FUNCTION AS, AN ACADEMIC ADVI-
 SOR; AND
   C. THE MEAN AND MEDIAN NUMBER OF STUDENT ADVISEES, PER  FULL-TIME  AND
 PART-TIME  ACADEMIC ADVISOR PER CAMPUS IN THE TWO THOUSAND TWENTY-THREE-
 -TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR AND  IN  THE  ACADEMIC  YEAR  IN
 WHICH THE REPORT IS PREPARED.
   §  5.  The second undesignated paragraph of section 6220 of the educa-
 tion law is amended by  adding  a  new  subparagraph  16-a  to  read  as
 follows:
   16-A.  PART-TIME  AND  ADJUNCT FACULTY SHALL RECEIVE WAGES AND COMPEN-
 SATION EQUAL TO THOSE IN THE LECTURER TITLE OF  THIS  SECTION  BASED  ON
 COMPARABLE  HOURS,  DUTIES AND LEVEL OF RESPONSIBILITY ASSIGNED TO THOSE
 IN THE TITLE OF LECTURER. COMMENSURATE INCREASES IN  WAGES  AND  COMPEN-
 SATION  FOR ADJUNCT FACULTY WITH PROFESSORIATE TITLES SHALL CORRELATE TO
 THE APPROPRIATE PROFESSOR, ASSOCIATE PROFESSOR, AND ASSISTANT  PROFESSOR
 TITLES AS BARGAINED.
   §  6. Section 22-c of the state finance law is amended by adding a new
 subdivision 7 to read as follows:
   7. FOR THE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND  TWENTY-
 TWO AND EVERY FIFTH FISCAL YEAR THEREAFTER, THE GOVERNOR SHALL SUBMIT TO
 THE  LEGISLATURE AS PART OF THE ANNUAL EXECUTIVE BUDGET, FIVE-YEAR CAPI-
 TAL PLANS FOR THE STATE UNIVERSITY OF NEW YORK STATE  OPERATED  CAMPUSES
 AND  CITY  UNIVERSITY  OF  NEW  YORK  SENIOR  COLLEGES. SUCH PLANS SHALL
 PROVIDE FOR THE ANNUAL APPROPRIATION  OF  CAPITAL  FUNDS  TO  COVER  ONE
 HUNDRED  PERCENT  OF THE ANNUAL CRITICAL MAINTENANCE NEEDS IDENTIFIED BY
 EACH UNIVERSITY SYSTEM, AND MAY INCLUDE FUNDS FOR NEW INFRASTRUCTURE  OR
 OTHER  MAJOR  CAPITAL  INITIATIVES,  PROVIDED  THAT SUCH FUNDING FOR NEW
 INFRASTRUCTURE OR  OTHER  MAJOR  CAPITAL  INITIATIVES  SHALL  NOT  COUNT
 TOWARDS  MEETING  THE  OVERALL  CRITICAL MAINTENANCE REQUIREMENT. IN THE
 EVENT THAT SUCH PLAN IS UNABLE TO FUND ONE HUNDRED PERCENT OF THE  CRIT-
 ICAL  MAINTENANCE  NEEDS DUE TO THE LIMITATION IMPOSED BY ARTICLE FIVE-B
 A. 5843--A                          6
 
 OF THIS CHAPTER, THE DIRECTOR OF  THE  BUDGET  SHALL  DEVELOP  FIVE-YEAR
 CAPITAL  PLANS  WHEREBY  THE  IMPLEMENTATION  OF EACH CAPITAL PLAN WOULD
 ANNUALLY REDUCE THE OVERALL FACILITY CONDITION INDEX FOR EACH UNIVERSITY
 SYSTEM. FOR THE PURPOSES OF THIS SUBDIVISION, "FACILITY CONDITION INDEX"
 SHALL  MEAN  AN  INDUSTRY  BENCHMARK THAT MEASURES THE RATIO OF DEFERRED
 MAINTENANCE DOLLARS TO REPLACEMENT DOLLARS FOR THE PURPOSES OF ANALYZING
 THE EFFECT OF INVESTING IN FACILITY IMPROVEMENTS. THE  APPORTIONMENT  OF
 CAPITAL  APPROPRIATIONS  TO EACH STATE-OPERATED CAMPUS OR SENIOR COLLEGE
 SHALL BE BASED ON A METHODOLOGY TO BE DEVELOPED BY THE DIRECTOR  OF  THE
 BUDGET,  IN  CONSULTATION  WITH THE STATE UNIVERSITY OF NEW YORK AND THE
 CITY UNIVERSITY OF NEW YORK.
   § 7. This act shall take effect immediately.