EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-04-1
S. 2506--B 2
the laws of 2008 amending the education law relating to the universal
prekindergarten program, in relation to the effectiveness thereof;
relates to school bus driver training; relates to special apportion-
ment 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 suballocations of appropri-
ations; and relating to the support of public libraries (Part A); to
amend the education law, in relation to foundation aid; creating a
task force on education funding and property tax reform; to ratify and
validate certain school district building projects; to legalize, vali-
date, ratify and confirm certain acts relating to transportation
contracts; to amend the education law, in relation to the payment of
moneys due for prior years and the apportionment of moneys to school
districts; providing for the increase of tuition rates; to amend the
education law, in relation to special act school districts and special
education; to amend the education law, in relation to the effective-
ness of provisions relating to BOCES intermediate districts; to amend
the education law, in relation to the salary of certain teachers
providing instruction in career and technical education to school age
students; to amend the real property tax law, in relation to school
district unexpended surplus funds; to amend the education law, in
relation to computation of resident weighted average daily attendance;
to amend the education law, in relation to supplemental educational
improvement grants; to amend chapter 157 of the laws of 2020 relating
to authorizing the expenditure and temporary transfer of reserve funds
for expenses related to COVID-19, in relation to reimbursement of such
funds; to amend the education law, in relation to supplemental educa-
tional improvement grants; to amend the education law, in relation to
financing charter schools; to amend the education law, in relation to
culturally responsive-sustaining education; to amend chapter 507 of
the laws of 1974, relating to providing for the apportionment of state
monies to certain nonpublic schools, to reimburse them for their
expenses in complying with certain state requirements for the adminis-
tration of state testing and evaluation programs and for participation
in state programs for the reporting of basic educational data, in
relation to the calculation of nonpublic schools' eligibility to
receive aid; to repeal section 3614 of the education law relating to
statements of total funding allocations; and to provide for the repeal
of certain provisions of this act and the real property tax law relat-
ing thereto (Part A-1); to amend the business corporation law, the
partnership law and the limited liability company law, in relation to
certified public accountants (Part B); intentionally omitted (Part C);
to amend the education law, in relation to extending state university
of New York procurement flexibility and authorizing the state univer-
sity of New York to purchase services from a consortium; and to amend
part D of chapter 58 of the laws of 2011 amending the education law
relating to capital facilities in support of the state university and
community colleges, procurement and the state university health care
facilities, in relation to the effectiveness thereof (Part D); to
amend the education law, in relation to tuition rates 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 E);
extending scholarship program eligibility for certain recipients
affected by the COVID-19 pandemic (Part F); intentionally omitted
S. 2506--B 3
(Part G); intentionally omitted (Part H); intentionally omitted (Part
I); to amend part G of chapter 57 of the laws of 2013, amending the
executive law and the social services law relating to consolidating
the youth development and delinquency prevention program and the
special delinquency prevention program, in relation to making such
provisions permanent (Part J); to amend part K of chapter 57 of the
laws of 2012, amending the education law, relating to authorizing the
board of cooperative educational services to enter into contracts with
the commissioner of children and family services to provide certain
services, in relation to the effectiveness thereof (Part K); to amend
the social services law and the family court act, in relation to
compliance with the Federal Family First Prevention Services Act (Part
L); intentionally omitted (Part M); intentionally omitted (Part N); to
utilize reserves in the mortgage insurance fund for various housing
purposes (Part O); 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 P); to amend the social services
law, in relation to increasing the standards of monthly need for aged,
blind and disabled persons living in the to amend the state finance
law, in relation to authorizing a tax check-off for gifts to food
banks (Part Q); intentionally omitted (Part R); intentionally omitted
(Part S); intentionally omitted (Part T); to amend the private housing
finance law, in relation to exempting certain projects from sales and
compensating use taxes (Part U); to amend the social services law and
the abandoned property law, in relation to the transfer of unclaimed
support collections and unidentified payments; to repeal certain
provisions of the social services law relating thereto; and to repeal
paragraph (c) of subdivision 1 of section 600 and subdivision 3 of
section 602 of the abandoned property law, relating to moneys paid to
a support bureau of a family court (Part V); intentionally omitted
(Part W); to amend the public authorities law, in relation to granting
the state of New York mortgage agency authority to purchase mortgage
loans from a broader pool of non-depository lenders, to purchase mort-
gages secured by new construction loans, and modify its mortgages to
assist financially distressed homeowners (Part X); intentionally omit-
ted (Part Y); to amend the social services law, in relation to making
child care more affordable for low-income families (Subpart A); and to
amend the social services law, in relation to easing administrative
burdens on child care programs and providers (Subpart B) (Part Z); to
amend the labor law and the public service law, in relation to
requirements for certain renewable energy systems (Part AA); inten-
tionally omitted (Part BB); to amend the labor law, in relation to
prohibiting the inclusion of claims for unemployment insurance arising
from the closure of an employer due to COVID-19 from being included in
such employer's experience rating charges; and to amend chapter 21 of
the laws of 2021, amending the labor law relating to prohibiting the
inclusion of claims for unemployment insurance arising from the
closure of an employer due to COVID-19 from being included in such
employer's experience rating charges, in relation to the effectiveness
thereof (Part CC); to amend the public housing law and the social
services law, in relation to establishing a COVID-19 emergency rental
assistance program; and providing for the repeal of such provisions
upon expiration thereof (Part DD); to amend the public housing law, in
relation to establishing the housing access voucher program (Part EE);
to amend the state finance law, in relation to five-year capital plans
for the state university of New York and the city university of New
S. 2506--B 4
York (Part FF); to amend the education law, in relation to state
appropriations to the state university of New York and the city
university of New York (Part GG); to amend the education law, in
relation to providing a program fee option for graduate students (Part
HH); to amend the education law, in relation to providing special
programs for the screening, testing, counseling, and tutoring of, and
assistance to residents of the state to assure diversity in medicine
opportunity at schools of medicine of the state university of New York
and the city university of New York (Part II); to amend the education
law, in relation to enhancing supports and services for students with
disabilities for postsecondary success (Part JJ); to amend the educa-
tion law, in relation to the supervision of the manufacturing and
repacking of certain medical gases or wholesaling of respiratory ther-
apy agents (Part KK); to amend the education law, in relation to the
tuition assistance program award, the tuition credit rate and in
relation to state appropriations to the state university of New York
and the city university of New York (Part LL); to amend the workers'
compensation law, in relation to establishing the excluded workers
fund to provide payments to workers who suffered a loss of work-relat-
ed earnings or a major source of household income during a state of
emergency declared by the governor and who are otherwise ineligible
for unemployment insurance (Part MM); to amend the social services
law, in relation to the powers of a social services official to
receive and dispose of a deed, mortgage or lien (Part NN); to amend
part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syra-
cuse and the board of education of the city school district of the
city of Syracuse cooperative school reconstruction act", in relation
to construction and design contracts entered into by the JSC Board;
and to amend the education law, in relation to the computation of
building aid for reconstruction or modernizing of no more than three
projects for the third phase of the city of Syracuse cooperative
school reconstruction act (Part OO); and to amend chapter 416 of the
laws of 2007, establishing the city of Rochester and the board of
education of the city school district of the city of Rochester school
facilities modernization program act, in relation to granting further
authority to the RJSCB to modernize educational facilities in the city
of Rochester; and to amend the education law, in relation to building
aid for certain educational facilities in the city of Rochester (Part
PP)
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
necessary to implement the state education, labor, housing and family
assistance budget for the 2021-2022 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through PP. 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.
S. 2506--B 5
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2020, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
S. 2506--B 6
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand fifteen--two thousand sixteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing the requirements of subparagraph (vi) of paragraph a of subdivision
two of this section, provide for the expenditure of an amount which
shall be not less than the amount approved by the commissioner in the
contract for excellence for the two thousand sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district 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; AND PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A
CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE 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-ONE--TWO THOUSAND TWENTY-TWO 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
S. 2506--B 7
AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMIS-
SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY--TWO
THOUSAND TWENTY-ONE SCHOOL YEAR. For purposes of this paragraph, the
"gap elimination adjustment percentage" shall be calculated as the sum
of one minus the quotient of the sum of the school district's net gap
elimination adjustment for two thousand ten--two thousand eleven
computed pursuant to chapter fifty-three of the laws of two thousand
ten, making appropriations for the support of government, plus the
school district's gap elimination adjustment for two thousand eleven--
two thousand twelve as computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the support of
the local assistance budget, including support for general support for
public schools, divided by the total aid for adjustment computed pursu-
ant to chapter fifty-three of the laws of two thousand eleven, making
appropriations for the local assistance budget, including support for
general support for public schools. Provided, further, that such amount
shall be expended to support and maintain allowable programs and activ-
ities approved in the two thousand nine--two thousand ten school year or
to support new or expanded allowable 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. Subdivision 1 of section 3602 of the education law is amended by
adding a new paragraph kk to read as follows:
KK. THE "FEDERAL COVID-19 SUPPLEMENTAL STIMULUS" SHALL BE EQUAL TO THE
SUM OF (1) NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND SECONDARY
SCHOOL EMERGENCY RELIEF MADE AVAILABLE TO SCHOOL DISTRICTS PURSUANT TO
THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT,
2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF FUNDS PROVIDED
UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 PLUS
(2) THE BASE FEDERAL ALLOCATION. FOR ELIGIBLE DISTRICTS, THE BASE
FEDERAL ALLOCATION SHALL BE EQUAL TO THE PRODUCT OF NINE HUNDRED FIFTY-
TWO DOLLARS AND FIFTEEN CENTS ($952.15) AND PUBLIC SCHOOL DISTRICT
ENROLLMENT IN THE BASE YEAR AS COMPUTED PURSUANT TO PARAGRAPH N OF THIS
SUBDIVISION LESS NINETY PERCENT OF THE FUNDS FROM THE ELEMENTARY AND
SECONDARY SCHOOL EMERGENCY RELIEF MADE AVAILABLE TO SCHOOL DISTRICTS
PURSUANT TO THE CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRI-
ATIONS ACT, 2021 IN THE SAME PROPORTION AS SUCH DISTRICT'S SHARE OF
FUNDS PROVIDED UNDER TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION
ACT OF 1965, BUT NOT LESS THAN ZERO. DISTRICTS SHALL BE ELIGIBLE FOR
THE BASE FEDERAL ALLOCATION IF THEIR COMBINED WEALTH RATIO FOR THE
CURRENT YEAR COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF
SUBDIVISION THREE OF THIS SECTION IS LESS THAN ONE AND FIVE TENTHS (1.5)
AND THE DISTRICT IS NOT A CENTRAL HIGH SCHOOL DISTRICT.
§ 10. Intentionally omitted.
§ 11. Intentionally omitted.
§ 12. Intentionally omitted.
§ 12-a. Intentionally omitted.
§ 13. Intentionally omitted.
§ 14. Intentionally omitted.
§ 15. Intentionally omitted.
S. 2506--B 8
§ 16. Intentionally omitted.
§ 16-a. Intentionally omitted.
§ 17. Subdivision 19 of section 3602 of the education law is amended
by adding a new paragraph c to read as follows:
C. THE POSITIVE VALUE OF THE PANDEMIC ADJUSTMENT PAYMENT REDUCTION
SHALL NOT EXCEED THE SUM OF MONEYS APPORTIONED PURSUANT TO SECTIONS
SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN
HUNDRED FIFTY-THREE, THIRTY-SIX HUNDRED NINE-A, THIRTY-SIX HUNDRED
NINE-B, THIRTY-SIX HUNDRED NINE-D, THIRTY-SIX HUNDRED NINE-F, AND THIR-
TY-SIX HUNDRED NINE-H FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-
ONE SCHOOL YEAR FOR ANY SCHOOL DISTRICT.
§ 18. Intentionally omitted.
§ 19. Intentionally omitted.
§ 20. Subdivisions 6 and 7 of section 3622-a of the education law,
subdivision 6 as amended by section 47 of part A of chapter 58 of the
laws of 2011 and subdivision 7 as added by chapter 422 of the laws of
2004, are amended and a new subdivision 8 is added to read as follows:
6. Transportation of pupils to and from approved summer school
programs operated by a school district in the two thousand--two thousand
one school year and thereafter, provided, however, that if the total
statewide apportionment attributable to allowable transportation
expenses incurred pursuant to this subdivision exceeds five million
dollars ($5,000,000), individual school district allocations shall be
prorated to ensure that the apportionment for such summer transportation
does not exceed five million dollars ($5,000,000), provided that such
prorated apportionment computed and payable as of September one of the
school year immediately following the school year for which such aid is
claimed shall be deemed final and not subject to change; [and]
7. Transportation provided pursuant to section thirty-six hundred
thirty-five-b of this article; AND
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TRANS-
PORTATION PROVIDED DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT
TO EXECUTIVE ORDER 202 OF 2020, INCLUDING TRANSPORTATION PROVIDED DURING
THE TIME PERIOD OF ANY SCHOOL BUILDING CLOSURES ORDERED PURSUANT TO
EXECUTIVE ORDER 202 OF 2020 OR OTHERWISE NECESSITATED BY SUCH STATE
DISASTER EMERGENCY. SUCH TRANSPORTATION SHALL INCLUDE, BUT NOT BE
LIMITED TO, TRANSPORTATION OF MEALS, EDUCATIONAL MATERIALS AND SUPPLIES
TO STUDENTS, AND TRANSPORTATION TO PROVIDE STUDENTS WITH INTERNET
ACCESS.
§ 21. Intentionally omitted.
§ 22. Section 3623-a of the education law is amended by adding a new
subdivision 4 to read as follows:
4. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, FOR THE COMPUTATION OF TRANSPORTATION
AID PURSUANT TO THE REQUIREMENTS OF SUBDIVISION SEVEN OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS ARTICLE, ALLOWABLE TRANSPORTATION EXPENSES
SHALL ALSO INCLUDE TRANSPORTATION OPERATING EXPENSES DESCRIBED IN SUBDI-
VISION ONE OF THIS SECTION AND TRANSPORTATION CAPITAL, DEBT SERVICE AND
LEASE EXPENSES, AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION INCURRED
DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER
202 OF 2020, INCLUDING EXPENSES INCURRED DURING THE TIME PERIOD OF ANY
SCHOOL BUILDING CLOSURES ORDERED PURSUANT TO EXECUTIVE ORDER 202 OF 2020
OR OTHERWISE NECESSITATED BY SUCH STATE DISASTER EMERGENCY. SUCH
EXPENSES SHALL BE ALLOWABLE TRANSPORTATION EXPENSES EVEN WHERE AIDABLE
REGULAR TRANSPORTATION, AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWEN-
TY-TWO-A OF THIS PART, WAS NOT PROVIDED.
S. 2506--B 9
§ 22-a. Subdivision 8 of section 4410 of the education law, as
amended by chapter 474 of the laws of 1996, is amended to read as
follows:
8. Transportation. The municipality in which a preschool child resides
shall, beginning with the first day of service, provide either directly
or by contract for suitable transportation, as determined by the board,
to and from special services or programs; provided, however, that if the
municipality is a city with a population of one million or more persons
the municipality may delegate the authority to provide such transporta-
tion to the board; and provided further, that prior to providing such
transportation directly or contracting with another entity to provide
such transportation, such municipality or board shall request and
encourage the parents to transport their children at public expense,
where cost-effective, at a rate per mile or a public service fare estab-
lished by the municipality and approved by the commissioner. Except as
otherwise provided in this section, the parents' inability or declina-
tion to transport their child shall in no way [effect] AFFECT the
municipality's or board's responsibility to provide recommended
services. Such transportation shall be provided once daily from the
child care location to the special service or program and once daily
from the special service or program to the child care location up to
fifty miles from the child care location. If the board determines that a
child must receive special services and programs at a location greater
than fifty miles from the child care location, it shall request approval
of the commissioner. For the purposes of this subdivision, the term
"child care location" shall mean a child's home or a place where care
for less than twenty-four hours a day is provided on a regular basis and
includes, but is not limited to, a variety of child care services such
as day care centers, family day care homes and in-home care by persons
other than parents. All transportation of such children shall be
provided pursuant to the procedures set forth in section two hundred
thirty-six of the family court act using the date called for in the
written notice of determination of the board or the date of the written
notice of determination of the board, whichever comes later, in lieu of
the date the court order was issued. NOTWITHSTANDING THIS SUBDIVISION
OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, TRANSPORTATION EXPENSES
INCURRED BY A MUNICIPALITY FOR OPERATING AND MAINTENANCE COSTS PURSUANT
TO THIS SUBDIVISION DURING THE STATE DISASTER EMERGENCY DECLARED PURSU-
ANT TO EXECUTIVE ORDER 202 OF 2020, INCLUDING EXPENSES INCURRED DURING
THE TIME PERIOD OF ANY CLOSURES OF SPECIAL SERVICES OR PROGRAMS ORDERED
PURSUANT TO EXECUTIVE ORDER 202 OF 2020 OR OTHERWISE NECESSITATED BY
SUCH STATE DISASTER EMERGENCY, SHALL BE REIMBURSABLE AND CONSIDERED
APPROVED COSTS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND THE
REGULATIONS OF THE COMMISSIONER.
§ 23. Subdivision 16 of section 3602-ee of the education law, as
amended by section 22 of part A of chapter 56 of the laws of 2020, 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-one] TWENTY-TWO; provided that the program shall continue and
remain in full effect.
§ 24. Intentionally omitted.
§ 25. Intentionally omitted.
§ 26. The opening paragraph of section 3609-a of the education law, as
amended by section 24 of part A of chapter 56 of the laws of 2020, is
amended to read as follows:
S. 2506--B 10
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand [twenty] TWENTY-ONE--two thousand [twen-
ty-one] TWENTY-TWO 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] SUBDIVISIONS six-a and [subdivision] fifteen
of section thirty-six hundred two of this part minus any reductions to
current year aids pursuant to subdivision seven of section thirty-six
hundred four of this part or any deduction from apportionment payable
pursuant to this chapter for collection of a school district basic
contribution as defined in subdivision eight of section forty-four
hundred one of this chapter, less any grants provided pursuant to
subparagraph two-a of paragraph b of subdivision four of section nine-
ty-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 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
[twenty] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO school year,
reference to such "school aid computer listing for the current year"
shall mean the printouts entitled "[SA202-1] SA212-2".
§ 27. Intentionally omitted.
§ 28. Intentionally omitted.
§ 29. Intentionally omitted.
§ 30. Intentionally omitted.
§ 31. Intentionally omitted.
§ 32. Intentionally omitted.
§ 33. Intentionally omitted.
§ 34. Intentionally omitted.
§ 35. Intentionally omitted.
§ 36. Intentionally omitted.
§ 36-a. Intentionally omitted.
§ 36-b. Intentionally omitted.
§ 37. Intentionally omitted.
§ 38. Intentionally omitted.
§ 39. 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
30 of part A of chapter 56 of the laws of 2020, is amended to read as
follows:
S. 2506--B 11
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the reimbursement for the 2018--2019 school year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
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 approvable costs per contact hour or sixteen dollars and forty
cents per contact hour, AND REIMBURSEMENT FOR THE 2021--2022 SCHOOL YEAR
SHALL NOT EXCEED 56.0 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER
CONTACT HOUR OR SIXTEEN DOLLARS AND FORTY 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 2018--2019 school year such contact hours
shall not exceed one million four hundred sixty-three thousand nine
hundred sixty-three (1,463,963); for the 2019--2020 school year such
contact hours shall not exceed one million four hundred forty-four thou-
sand 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); AND FOR THE 2021--2022
SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED
SIXTEEN THOUSAND ONE HUNDRED TWENTY-TWO (1,416,122). Notwithstanding any
other provision of law to the contrary, the apportionment calculated for
the city school district of the city of New York pursuant to subdivision
11 of section 3602 of the education law shall be computed as if such
contact hours provided by the consortium for worker education, not to
exceed the contact hours set forth herein, were eligible for aid in
accordance with the provisions of such subdivision 11 of section 3602 of
the education law.
§ 40. 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 z to read as follows:
Z. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2021--2022 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).
§ 41. 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 32 of part A of
chapter 56 of the laws of 2020, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2021] 2022.
§ 42. 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 34 of part A of
chapter 56 of the laws of 2020, 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, [2021] 2022 when
upon such date the provisions of this act shall be deemed repealed.
S. 2506--B 12
§ 43. 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 35 of part A of chapter 56 of the laws of 2020, 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,
[2021] 2022.
§ 44. Section 5 of chapter 101 of the laws of 2003, amending the
education law relating to the implementation of the No Child Left Behind
Act of 2001, as amended by section 36 of part A of chapter 56 of the
laws of 2020, 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, [2021] 2022.
§ 44-a. The closing paragraph of subdivision 5-a of section 3602 of
the education law, as amended by section 14-c of part A of chapter 56 of
the laws of 2020, 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
twenty--two thousand twenty-one] TWO THOUSAND TWENTY-ONE--TWO THOUSAND
TWENTY-TWO 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".
§ 44-b. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 32-a of part A of chapter 56 of the laws
of 2020, 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 twenty--two thousand twenty-
one] TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO, the commissioner
may set aside an amount not to exceed two million five hundred thousand
dollars from the funds appropriated 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 equiv-
alency diploma but fail to demonstrate basic educational competencies as
defined in regulation by the commissioner, when measured by accepted
standardized tests, and who shall be eligible to attend employment prep-
aration education programs operated pursuant to this subdivision.
§ 44-c. Subdivision 12 of section 3602 of the education law, as
amended by section 14-d of part A of chapter 56 of the laws of 2020, is
amended to read as follows:
12. Academic enhancement aid. A. A school district that as of April
first of the base year has been continuously identified as a district in
need of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
S. 2506--B 13
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.
B. For the two thousand nine--two thousand ten through two thousand
fourteen--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.
C. 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 heading "2014-15 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand fourteen--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.
D. 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.
E. 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.
F. 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.
G. For the two thousand nineteen--two thousand twenty school year,
each school district shall be entitled to an apportionment equal to the
S. 2506--B 14
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.
H. For the two thousand twenty--two thousand twenty-one AND TWO THOU-
SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO school [year] YEARS, 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.
§ 44-d. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 14-e of part A of chapter 56 of the
laws of 2020, 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 twenty--two thousand twenty-one] TWO THOUSAND TWENTY-ONE-
-TWO THOUSAND TWENTY-TWO 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 thou-
sand 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".
§ 44-e. Subparagraph (ii) of paragraph (c) of subdivision 8 of section
3602-ee of the education law, as amended by section 22-b of part A of
chapter 56 of the laws of 2020, 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 twenty--two thousand twenty-one] TWO THOUSAND
TWENTY-THREE--TWO THOUSAND TWENTY-FOUR school years an exemption to the
S. 2506--B 15
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 in the ASPIRE workforce registry as required
under regulations of the commissioner of the office of children and
family services. Notwithstanding any exemption provided by this subpara-
graph, certification shall be required for employment no later than June
thirtieth, two thousand [twenty-one] TWENTY-FOUR; provided that for the
two thousand twenty-two thousand twenty-one [school year] THROUGH THE
TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEARS, school
districts with teachers seeking an exemption to the certification
requirement of subparagraph (i) of this paragraph shall submit a report
to the commissioner regarding (A) the barriers to certification, if any,
(B) the number of uncertified teachers registered in the ASPIRE work-
force registry teaching pre-kindergarten in the district, including
those employed by a community-based organization, (C) the number of
previously uncertified teachers who have completed certification as
required by this subdivision, and (D) the expected certification
completion date of such teachers.
§ 44-f. 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
42-a of part A of chapter 56 of the laws of 2020, is amended to read as
follows:
a. Notwithstanding any other provisions of law, upon application to
the commissioner of education submitted not sooner than April first and
not later than June thirtieth of the applicable school year, the Roose-
velt union free school district shall be eligible to receive an appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
year. Such apportionment shall not exceed: for the 1996-97 school year
through the [2020-21] 2021-22 school year, four million dollars
($4,000,000); for the [2021-22] 2022-23 school year, three million
dollars ($3,000,000); for the [2022-23] 2023-24 school year, two million
dollars ($2,000,000); for the [2023-24] 2024-25 school year, one million
dollars ($1,000,000); and for the [2024-25] 2025-26 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.
§ 44-g. Subdivision 4 of section 51 of part B of chapter 57 of the
laws of 2008 amending the education law relating to the universal prek-
indergarten program, as amended by section 22-a of part A of chapter 56
of the laws of 2020, 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, [2021] 2024;
§ 45. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2021--2022 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.
§ 46. Special apportionment for salary expenses. a. Notwithstanding
any other provision of law, upon application to the commissioner of
S. 2506--B 16
education, not sooner than the first day of the second full business
week of June 2022 and not later than the last day of the third full
business week of June 2022, 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, 2022, for salary expenses incurred between April 1 and
June 30, 2021 and such apportionment shall not exceed the sum of (i) the
deficit reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus (iv) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
S. 2506--B 17
§ 47. 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, 2022, 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, 2022 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
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.
§ 48. 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 2021--2022 school year, as a non-component school
district, services required by article 19 of the education law.
S. 2506--B 18
§ 49. 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 2021--2022 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
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 2021--2022 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
2021--2022 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
S. 2506--B 19
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 2021--2022 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.
§ 50. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2021 enacting
the aid to localities budget shall be apportioned for the 2021--2022
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 2021--2022
by a chapter of the laws of 2021 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.
§ 51. 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
S. 2506--B 20
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.
§ 52. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2021, provided,
however, that:
1. Sections one, twenty-three, twenty-six, forty-one, forty-three,
forty-four, forty-four-a, forty-four-b, forty-four-c, forty-four-d,
forty-four-e, forty-four-f, forty-four-g, forty-five, forty-eight and
forty-nine of this act shall take effect July 1, 2021; and
2. 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-nine and forty
of this act shall not affect the repeal of such chapter and shall be
deemed repealed therewith.
PART A-1
Section 1. Paragraph a of subdivision 4 of section 3602 of the educa-
tion law is amended by adding a new subparagraph 5 to read as follows:
(5) "TOTAL FOUNDATION AID" SHALL BE EQUAL TO THE PRODUCT OF THE TOTAL
AIDABLE FOUNDATION PUPIL UNITS MULTIPLIED BY THE DISTRICT'S SELECTED
FOUNDATION AID.
§ 2. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph i to read as follows:
I. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
TWENTY-TWO SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO SCHOOL YEAR SHALL EQUAL THE SUM OF THE TOTAL FOUNDA-
TION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH J OF
SUBDIVISION ONE OF THIS SECTION PLUS THE GREATER OF TIERS A THROUGH H.
FOR THE PURPOSES OF THIS PARAGRAPH:
(I) "TIER A" SHALL BE EQUAL TO THE PRODUCT OF TOTAL FOUNDATION AID
BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION
AND TWO HUNDREDTHS (0.02).
(II) "TIER B" SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF
(1) THE PRODUCT OF SIX TENTHS (0.60) MULTIPLIED BY THE TOTAL FOUNDATION
AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS (2) THE TOTAL FOUN-
DATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF
THIS SECTION.
(III) "TIER C" SHALL BE EQUAL TO THE PRODUCT OF THE RCI PERCENT FACTOR
MULTIPLIED BY THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARA-
GRAPH J OF SUBDIVISION ONE OF THIS SECTION FOR ELIGIBLE DISTRICTS.
DISTRICTS SHALL BE ELIGIBLE FOR TIER C IF THE PHASE-IN REMAINING FACTOR
IS GREATER THAN THE RCI PERCENT FACTOR. FOR PURPOSES OF THIS PARAGRAPH,
THE "RCI PERCENT FACTOR" SHALL BE EQUAL TO THE QUOTIENT OF (1) THE POSI-
TIVE DIFFERENCE OF A REGIONAL COST INDEX PRODUCED IN TWO THOUSAND EIGH-
TEEN REFLECTING AN ANALYSIS OF LABOR MARKET COSTS IN THE NINE LABOR
FORCE REGIONS BASED ON MEDIAN SALARIES IN PROFESSIONAL OCCUPATIONS THAT
REQUIRE SIMILAR CREDENTIALS TO THOSE OF POSITIONS IN THE EDUCATION
FIELD, BUT NOT INCLUDING THOSE OCCUPATIONS IN THE EDUCATION FIELD, LESS
THE REGIONAL COST INDICES FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT
SCHOOL YEAR PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION DIVIDED BY (2)
THE REGIONAL COST INDICES FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT
SCHOOL YEAR PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. FOR PURPOSES
S. 2506--B 21
OF THIS PARAGRAPH, THE "PHASE-IN REMAINING FACTOR" SHALL BE EQUAL TO THE
DIFFERENCE OF THE QUOTIENT OF (1) THE POSITIVE DIFFERENCE, IF ANY, OF
THE TOTAL FOUNDATION AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
LESS THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF
SUBDIVISION ONE OF THIS SECTION LESS DIVIDED BY (2) THE POSITIVE DIFFER-
ENCE OF "FOUNDATION AID" UNDER THE HEADING "2007-08 ESTIMATED AIDS" IN
THE COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE
ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL
YEAR AND ENTITLED "SA070-8" LESS "2010-11 TOTAL FOUNDATION AID" IN THE
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR ENTI-
TLED "SA070-8", LESS ONE (1.0).
(IV) "TIER D" SHALL BE EQUAL TO THE PRODUCT OF TWENTY-SIX HUNDREDTHS
(0.26) MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF (1) TOTAL FOUN-
DATION AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS (2) THE
TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVI-
SION ONE OF THIS SECTION FOR DISTRICTS WHERE THE PHASE-IN REMAINING
FACTOR IS GREATER THAN THE RCI PERCENT FACTOR AND THE RCI PERCENT FACTOR
IS GREATER THAN ZERO.
(V) "TIER E" SHALL BE EQUAL TO THE PRODUCT OF A CERTAIN PERCENTAGE
MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF (1) TOTAL FOUNDATION
AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS (2) THE TOTAL FOUN-
DATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF
THIS SECTION, PROVIDED THAT THE CERTAIN PERCENTAGE SHALL BE FIFTY-SEVEN
HUNDREDTHS (0.57) FOR CITY SCHOOL DISTRICTS OF CITIES HAVING POPULATIONS
OF ONE MILLION OR MORE, FORTY-FIVE HUNDREDTHS (0.45) FOR A CITY SCHOOL
DISTRICT IN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED FIFTY
THOUSAND BUT LESS THAN ONE MILLION AS OF THE TWO THOUSAND TEN FEDERAL
DECENNIAL CENSUS; FIFTY-SEVEN HUNDREDTHS (0.57) FOR A CITY SCHOOL
DISTRICT IN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED THOUSAND
BUT LESS THAN TWO HUNDRED FIFTY THOUSAND AS OF THE TWO THOUSAND TEN
FEDERAL DECENNIAL CENSUS; FIFTY-SEVEN HUNDREDTHS (0.57) FOR A CITY
SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN ONE HUNDRED
FIFTY THOUSAND BUT LESS THAN TWO HUNDRED THOUSAND AS OF THE TWO THOUSAND
TEN FEDERAL DECENNIAL CENSUS; FORTY-FIVE HUNDREDTHS (0.45) FOR A CITY
SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN ONE HUNDRED
TWENTY-FIVE THOUSAND BUT LESS THAN ONE HUNDRED FIFTY THOUSAND AS OF THE
TWO THOUSAND TEN FEDERAL DECENNIAL CENSUS; AND TWELVE HUNDREDTHS (0.12)
FOR ALL OTHER DISTRICTS.
(VI) "TIER F" SHALL BE EQUAL TO THE PRODUCT OF TWENTY HUNDREDTHS
(0.20) MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, OF (1) TOTAL FOUN-
DATION AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS (2) THE
TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVI-
SION ONE OF THIS SECTION FOR SMALL CITY SCHOOL DISTRICTS PURSUANT TO
PARAGRAPH JJ OF SUBDIVISION ONE OF THIS SECTION.
(VII) "TIER G" SHALL BE EQUAL TO THE PRODUCT OF (1) TWENTY-SEVEN
HUNDREDTHS (0.27) MULTIPLIED BY (2) THE POSITIVE DIFFERENCE, IF ANY, OF
TOTAL FOUNDATION AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION LESS
THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDI-
VISION ONE OF THIS SECTION, MULTIPLIED BY (3) THE PRODUCT OF THE THREE-
YEAR DIRECT CERTIFICATION PERCENTAGE CALCULATED PURSUANT TO PARAGRAPH II
OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY EIGHTY HUNDREDTHS
(0.80) BUT NOT LESS THAN ZERO NOR GREATER THAN ONE.
(VIII) "TIER H" SHALL BE EQUAL TO THE PRODUCT OF THE (1) DIRECT
CERTIFICATION INDEX MULTIPLIED BY (2) FOUR HUNDRED DOLLARS ($400.00)
MULTIPLIED BY (3) PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT
S. 2506--B 22
TO PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR DISTRICTS 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 TWO AND EIGHT TENTHS (2.8). FOR PURPOSES OF THIS PARAGRAPH,
THE "DIRECT CERTIFICATION INDEX" SHALL BE EQUAL TO THE THREE-YEAR DIRECT
CERTIFICATION PERCENTAGE CALCULATED PURSUANT TO PARAGRAPH II OF SUBDIVI-
SION ONE OF THIS SECTION DIVIDED BY THE STATEWIDE AVERAGE OF SUCH
PERCENTAGE, PROVIDED THIS STATEWIDE AVERAGE FOR THE TWO THOUSAND TWEN-
TY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR SHALL BE EQUAL TO FOUR
HUNDRED SEVENTY-THREE THOUSANDTHS (0.473).
§ 2-a. Clause (ii) of subparagraph 2 of paragraph b of subdivision 4
of section 3602 of the education law, as amended by section 5-c of part
YYY of chapter 59 of the laws of 2019, is amended to read as follows:
(ii) Phase-in foundation increase factor. For the two thousand
eleven--two thousand twelve school year, the phase-in foundation
increase factor shall equal thirty-seven and one-half percent (0.375)
and the phase-in due minimum percent shall equal nineteen and forty-one
hundredths percent (0.1941), for the two thousand twelve--two thousand
thirteen school year the phase-in foundation increase factor shall equal
one and seven-tenths percent (0.017), for the two thousand thirteen--two
thousand fourteen school year the phase-in foundation increase factor
shall equal (1) for a city school district in a city having a population
of one million or more, five and twenty-three hundredths percent
(0.0523) or (2) for all other school districts zero percent, for the two
thousand fourteen--two thousand fifteen school year the phase-in founda-
tion increase factor shall equal (1) for a city school district of a
city having a population of one million or more, four and thirty-two
hundredths percent (0.0432) or (2) for a school district other than a
city school district having a population of one million or more for
which (A) the quotient of the positive difference of the foundation
formula aid minus the foundation aid base computed pursuant to paragraph
j of subdivision one of this section divided by the foundation formula
aid is greater than twenty-two percent (0.22) and (B) a combined wealth
ratio less than thirty-five hundredths (0.35), seven percent (0.07) or
(3) for all other school districts, four and thirty-one hundredths
percent (0.0431), and for the two thousand fifteen--two thousand sixteen
school year the phase-in foundation increase factor shall equal: (1) for
a city school district of a city having a population of one million or
more, thirteen and two hundred seventy-four thousandths percent
(0.13274); or (2) for districts where the quotient arrived at when
dividing (A) the product of the total aidable foundation pupil units
multiplied by the district's selected foundation aid less the total
foundation aid base computed pursuant to paragraph j of subdivision one
of this section divided by (B) the product of the total aidable founda-
tion pupil units multiplied by the district's selected foundation aid is
greater than nineteen percent (0.19), and where the district's combined
wealth ratio is less than thirty-three hundredths (0.33), seven and
seventy-five hundredths percent (0.0775); or (3) for any other district
designated as high need pursuant to clause (c) of subparagraph two of
paragraph c of subdivision six of this section for the school aid
computer listing produced by the commissioner in support of the enacted
budget for the two thousand seven--two thousand eight school year and
entitled "SA0708", four percent (0.04); or (4) for a city school
district in a city having a population of one hundred twenty-five thou-
sand or more but less than one million, fourteen percent (0.14); or (5)
for school districts that were designated as small city school districts
S. 2506--B 23
or central school districts whose boundaries include a portion of a
small city for the school aid computer listing produced by the commis-
sioner in support of the enacted budget for the two thousand fourteen--
two thousand fifteen school year and entitled "SA1415", four and seven
hundred fifty-one thousandths percent (0.04751); or (6) for all other
districts one percent (0.01), and for the two thousand sixteen--two
thousand seventeen school year the foundation aid phase-in increase
factor shall equal for an eligible school district the greater of: (1)
for a city school district in a city with a population of one million or
more, seven and seven hundred eighty four thousandths percent (0.07784);
or (2) for a city school district in a city with a population of more
than two hundred fifty thousand but less than one million as of the most
recent federal decennial census, seven and three hundredths percent
(0.0703); or (3) for a city school district in a city with a population
of more than two hundred thousand but less than two hundred fifty thou-
sand as of the most recent federal decennial census, six and seventy-two
hundredths percent (0.0672); or (4) for a city school district in a city
with a population of more than one hundred fifty thousand but less than
two hundred thousand as of the most recent federal decennial census, six
and seventy-four hundredths percent (0.0674); or (5) for a city school
district in a city with a population of more than one hundred twenty-
five thousand but less than one hundred fifty thousand as of the most
recent federal decennial census, nine and fifty-five hundredths percent
(0.0955); or (6) for school districts that were designated as small city
school districts or central school districts whose boundaries include a
portion of a small city for the school aid computer listing produced by
the commissioner in support of the enacted budget for the two thousand
fourteen--two thousand fifteen school year and entitled "SA141-5" with a
combined wealth ratio less than one and four tenths (1.4), nine percent
(0.09), provided, however, that for such districts that are also
districts designated as high need urban-suburban pursuant to clause (c)
of subparagraph two of paragraph c of subdivision six of this section
for the school aid computer listing produced by the commissioner in
support of the enacted budget for the two thousand seven--two thousand
eight school year and entitled "SA0708", nine and seven hundred and
nineteen thousandths percent (0.09719); or (7) for school districts
designated as high need rural pursuant to clause (c) of subparagraph two
of paragraph c of subdivision six of this section for the school aid
computer listing produced by the commissioner in support of the enacted
budget for the two thousand seven--two thousand eight school year and
entitled "SA0708", thirteen and six tenths percent (0.136); or (8) for
school districts designated as high need urban-suburban pursuant to
clause (c) of subparagraph two of paragraph c of subdivision six of this
section for the school aid computer listing produced by the commissioner
in support of the enacted budget for the two thousand seven--two thou-
sand eight school year and entitled "SA0708", seven hundred nineteen
thousandths percent (0.00719); or (9) for all other eligible school
districts, forty-seven hundredths percent (0.0047), provided further
that for the two thousand seventeen--two thousand eighteen school year
the foundation aid increase phase-in factor shall equal (1) for school
districts with a census 2000 poverty rate computed pursuant to paragraph
q of subdivision one of this section equal to or greater than twenty-six
percent (0.26), ten and three-tenths percent (0.103), or (2) for a
school district in a city with a population in excess of one million or
more, seventeen and seventy-seven one-hundredths percent (0.1777), or
(3) for a city school district in a city with a population of more than
S. 2506--B 24
two hundred fifty thousand but less than one million, as of the most
recent decennial census, twelve and sixty-nine hundredths percent
(0.1269) or (4) for a city school district in a city with a population
of more than one hundred fifty thousand but less than two hundred thou-
sand, as of the most recent federal decennial census, ten and seventy-
eight one hundredths percent (0.1078), or (5) for a city school district
in a city with a population of more than one hundred twenty-five thou-
sand but less than one hundred fifty thousand as of the most recent
federal decennial census, nineteen and one hundred eight one-thousandths
percent (0.19108), or (6) for a city school district in a city with a
population of more than two hundred thousand but less than two hundred
fifty thousand as of the most recent federal decennial census, ten and
six-tenths percent (0.106), or (7) for all other districts, four and
eighty-seven one-hundredths percent (0.0487), and for the two thousand
[twenty] TWENTY-TWO--two thousand [twenty-one] TWENTY-THREE school year
[and thereafter the commissioner shall annually determine the phase-in
foundation increase factor subject to allocation pursuant to the
provisions of subdivision eighteen of this section and any provisions of
a chapter of the laws of New York as described therein] THE FOUNDATION
AID PHASE-IN INCREASE FACTOR SHALL BE FIFTY PERCENT (0.5) AND FOR THE
TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND
THEREAFTER THE FOUNDATION AID PHASE-IN INCREASE FACTOR SHALL BE ONE
HUNDRED PERCENT (1.0).
§ 3. Task force on education funding and property tax reform. 1.
There is hereby established a task force on education funding and prop-
erty tax reform in New York state within the state education department.
The purpose of the task force shall be to conduct a comprehensive study
and provide recommendations on education funding and the role of prop-
erty taxes in funding New York's education system to ensure an effec-
tive, efficient, and equitable system of funding public education. The
task force shall review and offer recommendations on the following:
(a) the current reliance on property taxes to fund New York's educa-
tion system, including its impact on taxpayers and high-need school
districts;
(b) district-specific factors, such as the impact of regional costs
and student need in education funding;
(c) federal changes which impact property taxes, including but not
limited to, the federal cap on the state and local tax deduction;
(d) community and school district income and wealth as it relates to
local property taxes;
(e) the use of property taxes to fund education in other states;
(f) spending disparities among neighboring school districts; and
(g) additional relevant factors that the task force deems necessary.
2. (a) The task force shall consist of seventeen members as follows:
(i) the commissioner of education or his or her designee, who shall
serve as chair of the task force;
(ii) four people appointed by the governor;
(iii) four people appointed by the temporary president of the senate;
(iv) four people appointed by the speaker of the assembly; and
(v) four people appointed by the commissioner of education.
(b) All appointments of members of the task force shall be made no
later than thirty days after the effective date of this act. The task
force may begin its duties when a majority of the total number of posi-
tions have been appointed. Any vacancy shall be filled by the appointing
authority. The members of the task force shall receive no compensation
for their services.
S. 2506--B 25
3. The task force shall make a report to the governor and legislature
of its findings, conclusions and recommendations on or before December
31, 2022.
§ 4. Section 3614 of the education law is REPEALED.
§ 5. a. Notwithstanding any other provision of law to the contrary,
the actions or omissions of any school district which failed to submit a
final building project cost report by June thirtieth of the school year
following June thirtieth of the school year in which the certificate of
substantial completion of the project is issued by the architect or
engineer, or six months after issuance of such certificate, whichever is
later, are hereby ratified and validated, provided that such building
project was eligible for aid in a year for which the commissioner of the
department of education is required to prepare an estimate of apportion-
ments due and owing pursuant to paragraph c of subdivision 21 of section
305 of the education law, provided further that such school district
submits a final cost report on or before December 31, 2021 and such
report is approved by the commissioner of education, and provided
further that any amount due and payable for school years prior to the
2021-2022 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.
b. The education department is hereby directed to consider the
approved costs of the aforementioned projects as valid and proper obli-
gations of such school districts.
§ 6. a. All the acts done and proceedings heretofore had and taken or
caused to be had and taken by a school district and by all officers,
employees or agents of each such school district relating to or in
connection with transportation contracts (1) identified by the state
education department as having been filed or executed late on or before
July 1, 2021, and (2) for which an aid adjustment or recovery has not
been initiated by the state education department as of the effective
date of this act are hereby legalized, validated, ratified and
confirmed, notwithstanding any failure to comply with the contract
filing provisions of the education law, other than those filing
provisions defined in paragraph a of subdivision 5 of section 3604 of
the education law, in relation to any omission, error, defect, irreg-
ularity or illegality in such proceeding had and taken.
b. The education department is hereby directed to consider the afore-
mentioned contracts for transportation aid as valid and proper obli-
gations of such school district.
§ 7. Paragraph c of subdivision 5 of section 3604 of the education
law, as added by chapter 82 of the laws of 1995, is amended to read as
follows:
c. Payment of moneys due for prior years. State aid payments due for
prior years in accordance with the provisions of this subdivision shall
be paid EITHER: (I) FROM FUNDS AVAILABLE IN THE GENERAL SUPPORT FOR
PUBLIC SCHOOL APPROPRIATION AS A RESULT OF THE DEDUCTION OF EXCESS
PAYMENTS OF AID PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION; OR (II)
within the limit of the appropriation designated therefor provided,
however, that each eligible claim shall be payable in the order that it
has been approved for payment by the commissioner, but in no case shall
a single claim draw down more than forty percent of the appropriation so
designated for a single year, and provided further that no claim shall
be set aside for insufficiency of funds to make a complete payment, but
shall be eligible for a partial payment in one year and shall retain its
S. 2506--B 26
priority date status for appropriations designated for such purposes in
future years.
§ 8. Tuition rates approved for the 2021-2022 school year for special
services or programs provided to school-age students by special act
school districts; approved private residential or non-residential
schools for the education of students with disabilities that are located
within the state; and providers of education to preschool children with
disabilities pursuant to section 4410 of the education law shall provide
for an increase commensurate with the total school aid increase provided
to public school districts.
§ 9. a. Notwithstanding any provision of law or regulation to the
contrary, if as a result of the state of emergency that was executed in
Executive Order No. 202 on March 7, 2020, approved private schools serv-
ing students with disabilities subject to articles 81 and 89 of the
education law, special act school districts, state supported schools
pursuant to article 85 of the education law, and approved preschool
special class and special class in an integrated setting programs pursu-
ant to section 4410 of the education law experienced a reduction in
enrollment during the 2020-2021 school year, the per diem and/or tuition
rate shall be administratively adjusted by the state education depart-
ment, with no approval required by the division of the budget, so that
such schools experience no financial harm for reduced enrollment.
b. Notwithstanding any provision of law or regulation to the contrary,
approved private schools serving students with disabilities subject to
articles 81 and 89 of the education law, special act school districts,
state supported schools pursuant to article 85 of the education law, and
approved preschool special class and special class in an integrated
setting programs pursuant to section 4410 of the education law shall
experience no financial penalty or decrease in tuition rate as a result
of federal aid provided to these schools or school districts in the
Coronavirus Aid, Relief, and Economic Security Act of 2020, the Corona-
virus Response and Relief Supplemental Appropriations Act, 2021 or other
federal aid provided in 2021.
§ 10. Section 4004 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. THE BOARD OF EDUCATION OF A SPECIAL ACT SCHOOL DISTRICT SHALL BE
AUTHORIZED TO ESTABLISH A FISCAL STABILIZATION RESERVE FUND. THERE MAY
BE PAID INTO SUCH FUND AN AMOUNT AS MAY BE PROVIDED PURSUANT TO THE
REQUIREMENTS OF PARAGRAPH K OF SUBDIVISION FOUR OF SECTION FORTY-FOUR
HUNDRED FIVE OF THIS TITLE.
§ 10-a. Subdivision 4 of section 4405 of the education law is amended
by adding a new paragraph k to read as follows:
K. (I) THE TUITION METHODOLOGY ESTABLISHED PURSUANT TO THIS SUBDIVI-
SION FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL
YEAR AND ANNUALLY THEREAFTER SHALL AUTHORIZE APPROVED PRIVATE RESIDEN-
TIAL OR NON-RESIDENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISA-
BILITIES THAT ARE LOCATED WITHIN THE STATE, AND SPECIAL ACT SCHOOL
DISTRICTS TO RETAIN FUNDS IN EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE
COSTS INCURRED FOR SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE
STUDENTS. THE AMOUNT OF FUNDS THAT MAY BE ANNUALLY RETAINED SHALL NOT
EXCEED ONE PERCENT OF THE SCHOOL'S OR SCHOOL DISTRICT'S TOTAL ALLOWABLE
AND REIMBURSABLE COSTS FOR SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE
STUDENTS FOR THE SCHOOL YEAR FROM WHICH THE FUNDS ARE TO BE RETAINED;
PROVIDED THAT THE TOTAL ACCUMULATED BALANCE THAT MAY BE RETAINED SHALL
NOT EXCEED FOUR PERCENT OF SUCH TOTAL COSTS FOR SUCH SCHOOL YEAR. FUNDS
MAY BE EXPENDED ONLY PURSUANT TO AN AUTHORIZATION OF THE GOVERNING BOARD
S. 2506--B 27
OF THE SCHOOL OR SCHOOL DISTRICT, FOR A PURPOSE EXPRESSLY AUTHORIZED AS
PART OF THE APPROVED TUITION METHODOLOGY FOR THE YEAR IN WHICH THE FUNDS
ARE TO BE EXPENDED. THE DIRECTOR OF THE BUDGET, IN CONSULTATION WITH THE
COMMISSIONER, SHALL ESTABLISH THE AUTHORIZED USES FOR THE EXPENDITURES
OF SUCH FUNDS AS PART OF THE APPROVED TUITION METHODOLOGY. ANY SCHOOL OR
SCHOOL DISTRICT THAT RETAINS FUNDS PURSUANT TO THIS PARAGRAPH SHALL BE
REQUIRED TO ANNUALLY REPORT A STATEMENT OF THE TOTAL BALANCE OF ANY SUCH
RETAINED FUNDS, THE AMOUNT, IF ANY, RETAINED IN THE PRIOR SCHOOL YEAR,
THE AMOUNT, IF ANY, DISPERSED IN THE PRIOR SCHOOL YEAR, AND ANY ADDI-
TIONAL INFORMATION REQUESTED BY THE DEPARTMENT AS PART OF THE FINANCIAL
REPORTS THAT ARE REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT.
§ 11. Paragraph b of subdivision 5 of section 1950 of the education
law, as amended by chapter 296 of the laws of 2016, is amended to read
as follows:
b. The cost of services herein referred to shall be the amount allo-
cated to each component school district by the board of cooperative
educational services to defray expenses of such board, including
approved expenses from the testing of potable water systems of occupied
school buildings under the board's jurisdiction as required pursuant to
section eleven hundred ten of the public health law, except that that
part of the salary paid any teacher, supervisor or other employee of the
board of cooperative educational services which is in excess of thirty
thousand dollars shall not be such an approved expense, and except also
that administrative and clerical expenses shall not exceed ten percent
of the total expenses for purposes of this computation. PROVIDED HOWEV-
ER, THAT FOR TEACHERS PROVIDING INSTRUCTION IN CAREER AND TECHNICAL
EDUCATION TO SCHOOL AGE STUDENTS, THE SALARY, TO BE CONSIDERED AS AN
APPROVED EXPENSE, SHALL NOT EXCEED THIRTY-FOUR THOUSAND DOLLARS FOR THE
TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR; THIRTY-
EIGHT THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND
TWENTY-FOUR SCHOOL YEAR; FORTY-TWO THOUSAND DOLLARS FOR THE TWO THOUSAND
TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR; FORTY-SIX THOUSAND
DOLLARS FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR; AND FIFTY THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-SIX--TWO
THOUSAND TWENTY-SEVEN SCHOOL YEAR, AND THEREAFTER. Any gifts, donations
or interest earned by the board of cooperative educational services or
on behalf of the board of cooperative educational services by the dormi-
tory authority or any other source shall not be deducted in determining
the cost of services allocated to each component school district. Any
payments made to a component school district by the board of cooperative
educational services pursuant to subdivision eleven of section six-p of
the general municipal law attributable to an approved cost of service
computed pursuant to this subdivision shall be deducted from the cost of
services allocated to such component school district. The expense of
transportation provided by the board of cooperative educational services
pursuant to paragraph q of subdivision four of this section shall be
eligible for aid apportioned pursuant to subdivision seven of section
thirty-six hundred two of this chapter and no board of cooperative
educational services transportation expense shall be an approved cost of
services for the computation of aid under this subdivision. Transporta-
tion expense pursuant to paragraph q of subdivision four of this section
shall be included in the computation of the ten percent limitation on
administrative and clerical expenses.
§ 12. Paragraph b of subdivision 10 of section 3602 of the education
law, as amended by section 16 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
S. 2506--B 28
b. Aid for career education. There shall be apportioned to such city
school districts and other school districts which were not components of
a board of cooperative educational services in the base year for pupils
in grades [ten] NINE through twelve in attendance in career education
programs as such programs are defined by the commissioner, subject for
the purposes of this paragraph to the approval of the director of the
budget, an amount for each such pupil to be computed by multiplying the
career education aid ratio by three thousand nine hundred dollars. Such
aid will be payable for weighted pupils attending career education
programs operated by the school district and for weighted pupils for
whom such school district contracts with boards of cooperative educa-
tional services to attend career education programs operated by a board
of cooperative educational services. Weighted pupils for the purposes of
this paragraph shall mean the sum of the attendance of students in
grades [ten] NINE through twelve in career education sequences in trade,
industrial, technical, agricultural or health programs plus the product
of sixteen hundredths multiplied by the attendance of students in grades
[ten] NINE through twelve in career education sequences in business and
marketing as defined by the commissioner in regulations. The career
education aid ratio shall be computed by subtracting from one the prod-
uct obtained by multiplying fifty-nine percent by the combined wealth
ratio. This aid ratio shall be expressed as a decimal carried to three
places without rounding, but not less than thirty-six percent.
Any school district that receives aid pursuant to this paragraph shall
be required to use such amount to support career education programs in
the current year.
A board of education which spends less than its local funds as defined
by regulations of the commissioner for career education in the base year
during the current year shall have its apportionment under this subdivi-
sion reduced in an amount equal to such deficiency in the current or a
succeeding school year, provided however that the commissioner may waive
such reduction upon determination that overall expenditures per pupil in
support of career education programs were continued at a level equal to
or greater than the level of such overall expenditures per pupil in the
preceding school year.
§ 13. Subdivision 1 of section 1318 of the real property tax law, as
amended by chapter 238 of the laws of 2007, is amended to read as
follows:
1. The warrant of the collecting officer shall be signed by the trus-
tee, or the trustees, or a majority of them, or the board of education
or a majority thereof. Such warrant shall state the amount of unexpended
surplus funds in the custody of the board and shall further state that
except as authorized or required by law, such unexpended surplus funds
have been applied in determining the amount of the school tax levy. For
the two thousand seven--two thousand eight school year, surplus funds as
used in this subdivision shall mean any operating funds in excess of
three percent of the current school year budget, and shall not include
funds properly retained under other sections of law. For the two thou-
sand eight--two thousand nine school year, and thereafter, surplus funds
as used in this subdivision shall mean any operating funds in excess of
four percent of the current school year budget, and shall not include
funds properly retained under other sections of law. FOR THE TWO THOU-
SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR THROUGH THE TWO THOU-
SAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, SURPLUS FUNDS AS
USED IN THIS SUBDIVISION SHALL MEAN ANY OPERATING FUNDS IN EXCESS OF
EIGHT PERCENT OF THE CURRENT SCHOOL YEAR BUDGET, AND SHALL NOT INCLUDE
S. 2506--B 29
FUNDS PROPERLY RETAINED UNDER OTHER SECTIONS OF LAW. Such warrant shall
have the same force and effect as a warrant issued by a board of super-
visors to a collecting officer in a town. The collecting officer to whom
it may be delivered for collection shall be thereby authorized and
required to collect from every person named on such school tax roll the
sum set opposite his name, or the amount due from any person specified
therein, in the same manner and with the same powers that collecting
officers in towns are authorized to collect taxes levied by the board of
supervisors.
§ 14. Paragraph a of subdivision 2 of section 3602 of the education
law is amended by adding a new subparagraph 1-a to read as follows:
(1-A) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF SUBPARAGRAPH ONE OF
THIS PARAGRAPH, COMMENCING WITH THE TWO THOUSAND TWENTY-ONE--TWO THOU-
SAND TWENTY-TWO SCHOOL YEAR AND THEREAFTER, WHEN A SCHOOL DISTRICT HAS
(I) A THREE YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT FOR THE
CURRENT YEAR COMPUTED PURSUANT TO PARAGRAPH P OF SUBDIVISION ONE OF THIS
SECTION IS GREATER THAN FIFTY PERCENT, (II) THE AID RATIO CALCULATED
PURSUANT TO CLAUSE A OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION
SIX OF THIS SECTION EQUAL TO LESS THAN TWENTY PERCENT, AND (III) THE AID
RATIO CALCULATED PURSUANT TO CLAUSE C OF SUBPARAGRAPH TWO OF PARAGRAPH C
OF SUBDIVISION SIX OF THIS SECTION IS LESS THAN FIFTY PERCENT, 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 CHAN-
CELLOR IN A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE, ON OR AFTER JULY FIRST, TWO THOUSAND FOR ANY SCHOOL
DISTRICT, THE COMMISSIONER, IN COMPUTING ANY AID RATIO OF SUCH DISTRICT,
SHALL PERMIT THE USE OF AN ADJUSTED RESIDENT WEIGHTED AVERAGE DAILY
ATTENDANCE FOR AID RATIO PURPOSES, WHERE AN AMOUNT EQUAL TO THE PRODUCT
OF THE RESIDENT WEIGHTED AVERAGE DAILY ATTENDANCE MULTIPLIED BY THE
THREE YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT FOR THE CURRENT
YEAR COMPUTED PURSUANT TO PARAGRAPH P OF THIS SUBDIVISION ONE OF THIS
SECTION MULTIPLIED BY ONE AND TWENTY-FIVE ONE-HUNDREDTHS (1.25) SHALL BE
ADDED TO THE UNITS OF ATTENDANCE USED IN COMPUTING THE WEIGHTED AVERAGE
DAILY ATTENDANCE PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH FOR
PURPOSES OF CALCULATING AID PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN OF
THIS SECTION, PROVIDED THAT SUCH ADJUSTED RESIDENT WEIGHTED AVERAGE
DAILY ATTENDANCE SHALL NOT AFFECT THE STATEWIDE AVERAGE.
§ 15. Subdivision 8 of section 3641 of the education law, as added by
section 38 of part B of chapter 57 of the laws of 2007, paragraph b as
amended by section 29 of part B of chapter 57 of the laws of 2008, is
amended to read as follows:
8. Supplemental educational improvement grants. a. In addition to
apportionments otherwise provided by section thirty-six hundred two of
this article, for aid payable in the two thousand seven--two thousand
eight school year and thereafter, the amounts specified in paragraph b
of this subdivision shall be paid for the purpose of providing addi-
tional funding for the costs of educational improvement plans required
as a result of a court-ordered settlement in a school desegregation case
to which the state was a party. Grant funds awarded pursuant to this
subdivision shall be used exclusively for services and expenses incurred
by the school district to implement such educational improvement plans.
b. To the Yonkers city school district, FOR THE TWO THOUSAND SEVEN--
TWO THOUSAND EIGHT THROUGH TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
TY-TWO SCHOOL YEARS, there shall be paid seventeen million five hundred
thousand dollars ($17,500,000) on an annual basis, AND FOR THE TWO THOU-
S. 2506--B 30
SAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER
THERE SHALL BE PAID TWENTY-NINE MILLION FIVE HUNDRED THOUSAND DOLLARS
($29,500,000) ON AN ANNUAL BASIS. Such grant shall be payable from
funds appropriated for such purpose and shall be apportioned to the
Yonkers city school district in accordance with the payment schedules
contained in section thirty-six hundred nine-a of this article, notwith-
standing any provision of law to the contrary.
§ 16. Section 3 of chapter 157 of the laws of 2020 relating to author-
izing the expenditure and temporary transfer of reserve funds for
expenses related to COVID-19, as amended by section 3 of part A of chap-
ter 126 of the laws of 2020, is amended to read as follows:
§ 3. Notwithstanding any provision of the general municipal law, the
town law or the education law to the contrary, the governing board of a
town, village, county, city, water improvement district, sewer improve-
ment district, fire district or school district, by resolution which
shall not be subject to referendum requirements, if any, may authorize
the temporary transfer of moneys from reserve funds to pay for operating
costs attributable to the state disaster emergency declared pursuant to
executive order 202 of 2020 or other costs attributable to the state
disaster emergency declared pursuant to executive order 202 of 2020,
provided, that: (A) FOR THE GOVERNING BOARD OF A TOWN, VILLAGE, COUNTY,
CITY, WATER IMPROVEMENT DISTRICT, SEWER IMPROVEMENT DISTRICT, OR FIRE
DISTRICT, (1) the reserve fund from which the funds were temporarily
transferred shall be reimbursed from the fund to which the transfer was
made over a period of not more than five fiscal years, starting with the
fiscal year following the transfer[. At], (2) least twenty percent of
the moneys temporarily transferred shall be reimbursed each fiscal
year[. Such], AND (3) SUCH reimbursement shall include an additional
amount reasonably estimated to be the amount that would have been earned
on the investment of the transferred moneys had they been retained in
the capital reserve fund; AND (B) FOR THE GOVERNING BOARD OF A SCHOOL
DISTRICT, (1) THE RESERVE FUND FROM WHICH THE FUNDS WERE TEMPORARILY
TRANSFERRED SHALL BE REIMBURSED FROM THE FUND TO WHICH THE TRANSFER WAS
MADE OVER A PERIOD OF NOT MORE THAN TEN FISCAL YEARS, STARTING WITH TWO
YEARS AFTER THE FISCAL YEAR FOLLOWING THE TRANSFER, AND (2) ANY SUCH
TEMPORARY TRANSFER SHALL BE NOTED IN THE SCHOOL DISTRICT'S ANNUAL AUDIT
REPORT PRESCRIBED IN PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION TWEN-
TY-ONE HUNDRED SIXTEEN-A OF THE EDUCATION LAW.
§ 17. Paragraph (d) 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 to read as follows:
(d) School districts shall be eligible for an annual apportionment
equal to the amount of the supplemental basic tuition for the charter
school in the base year for the expenses incurred in the two thousand
fourteen--two thousand fifteen, two thousand fifteen--two thousand
sixteen, two thousand sixteen--two thousand seventeen school years and
THEREAFTER, PROVIDED HOWEVER, THAT SUCH PAYMENT SHALL BE MADE IN THE
CURRENT YEAR FOR EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO SCHOOL YEAR AND thereafter.
§ 18. Paragraph (c) 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 to read as follows:
(c) School districts shall be eligible for an annual apportionment
equal to the amount of the supplemental basic tuition for the charter
school in the base year for the expenses incurred in the two thousand
fourteen--two thousand fifteen, two thousand fifteen--two thousand
S. 2506--B 31
sixteen, two thousand sixteen--two thousand seventeen school years and
THEREAFTER, PROVIDED HOWEVER, THAT SUCH PAYMENT SHALL BE MADE IN THE
CURRENT YEAR OF EXPENSES INCURRED IN THE TWO THOUSAND TWENTY-ONE--TWO
THOUSAND TWENTY-TWO SCHOOL YEAR AND thereafter.
§ 19. The education law is amended by adding a new section 817 to read
as follows:
§ 817. CULTURALLY RESPONSIVE-SUSTAINING EDUCATION. 1. SUBJECT TO
APPROPRIATION AND WITHIN THE AMOUNTS APPROPRIATED THEREFORE, THE DEPART-
MENT SHALL, BY JULY FIRST, TWO THOUSAND TWENTY-TWO, DEVELOP RACIALLY
AND CULTURALLY INCLUSIVE CURRICULUM, CURRICULAR TOOLS, EDUCATIONAL MATE-
RIALS AND RESOURCES, AND PROFESSIONAL DEVELOPMENT AND TRAINING IN
ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION TO SUPPORT THE IMPLEMEN-
TATION OF CULTURALLY RESPONSIVE-SUSTAINING EDUCATION IN ALL SCHOOLS.
2. A. THERE IS HEREBY ESTABLISHED A TASK FORCE WITHIN THE DEPARTMENT
CHARGED WITH PROPOSING, REVIEWING, CRITIQUING, AND RECOMMENDING EDUCA-
TION CURRICULUM, CURRICULAR TOOLS, EDUCATIONAL MATERIALS AND RESOURCES,
AND PROFESSIONAL DEVELOPMENT AND TRAINING THAT CAN BE USED IN GRADES
K-TWELVE TO SUPPORT THE IMPLEMENTATION OF CULTURALLY RESPONSIVE-SUSTAIN-
ING EDUCATION IN ALL SCHOOLS. THE TASK FORCE SHALL CONSIST OF TWENTY
MEMBERS TO BE APPOINTED AS FOLLOWS: (I) FIVE PEOPLE APPOINTED BY THE
GOVERNOR; (II) FIVE PEOPLE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE; (III) FIVE PEOPLE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; AND
(IV) FIVE PEOPLE APPOINTED BY THE COMMISSIONER.
B. THE MEMBERS OF THE TASK FORCE SHALL DESIGNATE ONE OF THE APPOINTEES
AS THE CHAIR OF THE TASK FORCE. ALL APPOINTMENTS OF MEMBERS OF THE TASK
FORCE SHALL BE MADE NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE
OF THIS SECTION. THE TASK FORCE MAY BEGIN ITS DUTIES WHEN A MAJORITY OF
THE TOTAL NUMBER OF POSITIONS HAVE BEEN APPOINTED. ANY VACANCY SHALL BE
FILLED BY THE APPOINTING AUTHORITY. THE MEMBERS OF THE TASK FORCE SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES.
C. THE TASK FORCE SHALL MAKE A PUBLIC REPORT TO THE COMMISSIONER OF
ITS FINDINGS, CONCLUSIONS AND RECOMMENDATIONS ON OR BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. THIS REPORT SHALL BE USED IN THE
DEVELOPMENT OF RACIALLY AND CULTURALLY INCLUSIVE CURRICULUM, CURRICULAR
TOOLS, EDUCATIONAL MATERIALS AND RESOURCES, AND PROFESSIONAL DEVELOPMENT
AND TRAINING PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
3. FOR PURPOSES OF THIS SECTION, THE TERM "CULTURALLY RESPONSIVE-SUS-
TAINING EDUCATION" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, EDUCATION
FOR THE PURPOSES OF AFFIRMING CULTURAL IDENTITIES, FOSTERING POSITIVE
ACADEMIC OUTCOMES, DEVELOPING STUDENTS' ABILITIES TO CONNECT ACROSS
LINES OF DIFFERENCE, ELEVATING HISTORICALLY MARGINALIZED VOICES,
EMPOWERING STUDENTS AS AGENTS OF SOCIAL CHANGE, ADDRESSING RACIAL AND
CULTURAL INCLUSION, AND CONTRIBUTING TO INDIVIDUAL STUDENT ENGAGEMENT,
LEARNING, GROWTH, AND ACHIEVEMENT THROUGH THE CULTIVATION OF CRITICAL
THINKING.
§ 20. Section 3 of chapter 507 of the laws of 1974 relating to provid-
ing for the apportionment of state monies to certain nonpublic schools,
to reimburse them for their expenses in complying with certain state
requirements for the administration of state testing and evaluation
programs and for participation in state programs for the reporting of
basic educational data, as amended by chapter 347 of the laws of 2018,
is amended to read as follows:
§ 3. Apportionment. a. The commissioner shall annually apportion to
each qualifying school, for school years beginning on and after July
first, nineteen hundred seventy-four, an amount equal to the actual cost
incurred by each such school during the preceding school year for
S. 2506--B 32
providing services required by law to be rendered to the state in
compliance with the requirements of the state's pupil evaluation
program, the basic educational data system, regents examinations, the
statewide evaluation plan, the uniform procedure for pupil attendance
reporting, the state's immunization program and other similar state
prepared examinations and reporting procedures.
b. [Such] FOR EXPENSES FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
TWENTY-TWO SCHOOL YEAR AND THEREAFTER SUCH nonpublic schools shall be
eligible to receive aid based on AN HOURLY RATE CALCULATED USING the
number of days or portion of days attendance is taken and either a
5.0/5.5 hour standard STUDENT instructional day, or another work day as
certified by the nonpublic school officials[, in accordance with the
methodology for computing salary and benefits applied by the department
in paying aid for the two thousand twelve--two thousand thirteen and
prior school years]. THE AVERAGE HOURLY RATE SHALL BE COMPUTED USING THE
FOLLOWING METHODOLOGY: THE TOTAL SALARY AND BENEFITS OF THE INDIVIDUAL
DIVIDED BY THE TOTAL NUMBER OF HOURS WORKED, WITH THE TOTAL NUMBER OF
HOURS WORKED BEING THE TOTAL NUMBER OF DAYS CLAIMED MULTIPLIED BY THE
TOTAL NUMBER OF HOURS CLAIMED PURSUANT TO THIS SUBDIVISION.
c. The commissioner shall annually apportion to each qualifying school
in the cities of New York, Buffalo and Rochester, for school years
beginning on or after July first two thousand sixteen, an amount equal
to the actual cost incurred by each such school during the preceding
school year in meeting the recording and reporting requirements of the
state school immunization program, provided that the state's liability
shall be limited to the amount appropriated for this purpose.
§ 21. This act shall take effect immediately; provided that: (a)
section three of this act shall expire and be deemed repealed January 1,
2023; (b) section thirteen of this act shall expire and be deemed
repealed July 1, 2025; and (c) the amendments to subdivision 1 of
section 2856 of the education law made by section seventeen 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 eighteen
of this act shall take effect.
PART B
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
S. 2506--B 33
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 PARAGRAPH, "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,
(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:
S. 2506--B 34
§ 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
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
S. 2506--B 35
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
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
S. 2506--B 36
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
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
S. 2506--B 37
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
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
S. 2506--B 38
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-
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
S. 2506--B 39
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.
§ 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
S. 2506--B 40
BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
limited liability company formed to provide licensed clinical social
work services as such services are defined in article 154 of the educa-
tion law, each member of such limited liability company shall be
licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined in article 163 of the
education law, each member of such limited liability company must be
licensed pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family therapy
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. With respect to a professional service
limited liability company formed to provide mental health counseling
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice mental health
counseling in this state. With respect to a professional service limited
liability company formed to provide psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state. With
respect to a professional service limited liability company formed to
provide applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such limited liabil-
ity company must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis in this state. 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
S. 2506--B 41
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.
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-
S. 2506--B 42
TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides licensed clin-
ical social work services as such services are defined in article 154 of
the education law, each member of such foreign professional service
limited liability company shall be licensed pursuant to article 154 of
the education law to practice clinical social work in this state. With
respect to a foreign professional service limited liability company
which provides creative arts therapy services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice creative arts therapy in
this state. With respect to a foreign professional service limited
liability company which provides marriage and family therapy services as
such services are defined in article 163 of the education law, each
member of such foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law to prac-
tice marriage and family therapy in this state. With respect to a
foreign professional service limited liability company which provides
mental health counseling services as such services are defined in arti-
cle 163 of the education law, each member of such foreign professional
service limited liability company must be licensed pursuant to article
163 of the education law to practice mental health counseling in this
state. With respect to a foreign professional service limited liability
company which provides psychoanalysis services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice psychoanalysis in this
state. With respect to a foreign professional service limited liability
company which provides applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such foreign professional service limited liability company must be
licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. 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
S. 2506--B 43
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 C
Intentionally Omitted
PART D
Section 1. Section 4 of subpart A of part D of chapter 58 of the laws
of 2011 amending the education law relating to capital facilities in
support of the state university and community colleges, as amended by
section 1 of part Q of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2021] 2026.
§ 2. Section 4 of subpart B of part D of chapter 58 of the laws of
2011 amending the education law relating to procurement in support of
the state and city universities, as amended by section 2 of part Q of
chapter 54 of the laws of 2016, is amended to read as follows:
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2021] 2026.
§ 3. Section 3 of subpart C of part D of chapter 58 of the laws of
2011 amending the education law relating to state university health care
facilities, as amended by section 3 of part Q of chapter 54 of the laws
of 2016, is amended to read as follows:
§ 3. This act shall take effect immediately, and shall expire and be
deemed repealed June 30, [2021] 2026.
§ 4. Subdivision 5 of section 355 of the education law is amended by
adding a new paragraph f to read as follows:
F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AUTHORIZE
CONTRACTS FOR THE PURCHASE OF SERVICES OR TECHNOLOGY FROM A CONSORTIUM
AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW,
EXCEPT THAT SUCH DEFINITION AS APPLIED TO THE BOARD SHALL INCLUDE THE
PURCHASE OF SERVICES AND TECHNOLOGY.
§ 5. This act shall take effect immediately; provided, however, that
the amendments to subdivision 5 of section 355 of the education law made
by section four of this act shall not affect the expiration of such
subdivision and shall expire therewith.
PART E
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:
S. 2506--B 44
(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
[category] CATEGORIES of tuition [rate] RATES AS FOLLOWS; "DISTANCE
LEARNING 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, AND "HIGH DEMAND CERTIFICATE PROGRAM RATE", THAT SHALL BE
SET AT A LEVEL DEEMED APPROPRIATE UPON RECOMMENDATION OF THE CHANCELLOR
OF THE STATE UNIVERSITY OF NEW YORK AND APPROVED BY THE BOARD OF TRUS-
TEES WHICH RATE SHALL BE LOWER THAN STANDARD RATES OF TUITION, FOR IDEN-
TIFIED CERTIFICATION PROGRAMS TO BE RECOMMENDED BY THE CHANCELLOR OF THE
STATE UNIVERSITY OF NEW YORK. 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-
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
S. 2506--B 45
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) On or before November thirtieth, two thousand seventeen, 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--two thousand
eighteen academic year and ending in the two thousand twenty--two thou-
sand twenty-one academic year, and shall submit any proposed amendments
to such plan by November thirtieth of each subsequent year thereafter
through November thirtieth, two thousand twenty, 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 thousand eleven--two thou-
sand twelve academic year and ending in the two thousand sixteen--two
thousand seventeen academic year.
(iv) Beginning in state fiscal year two thousand twelve-two thousand
thirteen and ending in state fiscal year two thousand fifteen--two thou-
sand sixteen, the state shall appropriate and make available general
fund operating support, including fringe benefits, for the state univer-
sity in an amount not less than the amount appropriated and made avail-
able 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) Beginning in state fiscal year two thousand seventeen--two thou-
sand eighteen and ending in state fiscal year two thousand twenty--two
thousand twenty-one, 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.
(vi) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOU-
SAND TWENTY-TWO AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-
FOUR--TWO THOUSAND TWENTY-FIVE, THE STATE SHALL APPROPRIATE AND MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT, INCLUDING FRINGE BENEFITS, FOR
S. 2506--B 46
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.
(VII) For the state university fiscal years commencing two thousand
eleven--two thousand twelve and ending two thousand fifteen--two thou-
sand sixteen, each university center may set aside a portion of its
tuition revenues derived from tuition increases to provide increased
financial aid for New York state resident undergraduate students whose
net taxable income is eighty thousand dollars or more subject to the
approval of a NY-SUNY 2020 proposal by the governor and the chancellor
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 (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] CATEGORIES of tuition [rate] RATES AS FOLLOWS;
"DISTANCE LEARNING 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, AND "HIGH DEMAND CERTIFICATE PROGRAM
RATE", THAT SHALL BE SET AT A LEVEL DEEMED APPROPRIATE UPON RECOMMENDA-
TION OF THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK AND APPROVED
BY THE BOARD OF TRUSTEES WHICH RATE SHALL BE LOWER THAN STANDARD RATES
OF TUITION, FOR IDENTIFIED CERTIFICATION PROGRAMS TO BE RECOMMENDED BY
THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK; provided, however,
that:
(i) Commencing with the two thousand eleven--two thousand twelve
academic year and ending in the two thousand fifteen--two thousand
S. 2506--B 47
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
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) On or before November thirtieth, two thousand seventeen, 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--two thousand
eighteen academic year and ending in the two thousand twenty--two thou-
sand twenty-one academic year, and shall submit any proposed amendments
to such plan by November thirtieth of each subsequent year thereafter
through November thirtieth, two thousand twenty.
(iv) Beginning in state fiscal year two thousand twelve--two thousand
thirteen and ending in state fiscal year two thousand fifteen--two thou-
sand sixteen, the state shall appropriate and make available state
support for operating expenses, including fringe benefits, for the city
university in an amount not less than the amount appropriated and made
available in the prior state fiscal year; provided, however, that if the
governor declares a fiscal emergency, and communicates such emergency to
the temporary president of the senate and speaker of the assembly, state
support for operating expenses of the state university and city univer-
S. 2506--B 48
sity may be reduced in a manner proportionate to one another, and the
aforementioned provisions shall not apply.
(v) Beginning in state fiscal year two thousand seventeen--two thou-
sand eighteen and ending in state fiscal year two thousand twenty--two
thousand twenty-one, 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.
(VI) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOU-
SAND TWENTY-TWO AND ENDING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-
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.
§ 3. 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.
§ 4. 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 two of this act shall not affect the expi-
ration of such paragraph and subparagraph and shall be deemed to expire
therewith.
PART F
Section 1. Notwithstanding any provision of law or regulation to the
contrary, for purposes of an award made pursuant to subparts 2 through 4
of part 2 of article 14 of the education law in the 2019--2020 or 2020-
-2021 academic years, any semester, quarter or term that a recipient of
S. 2506--B 49
such an award is unable to complete as a result of the COVID-19 pandemic
state disaster emergency declared March 7, 2020, as certified by a
college or university and approved by the New York state higher educa-
tion services corporation, shall not be considered for purposes of
determining the maximum duration of such award for that recipient, and
provided further that no such recipient shall suffer a reduction in the
original award amount granted pursuant to such subparts in such academic
years solely due to inability to complete any semester, quarter or term
as a result of the COVID-19 pandemic state disaster emergency declared
March 7, 2020, as certified by a college or university and approved by
the New York state higher education services corporation.
§ 2. This act shall take effect immediately.
PART G
Intentionally Omitted
PART H
Intentionally Omitted
PART I
Intentionally Omitted
PART J
Section 1. Section 9 of part G of chapter 57 of the laws of 2013,
amending the executive law and the social services law relating to
consolidating the youth development and delinquency prevention program
and the special delinquency prevention program, as amended by section 1
of part I of chapter 56 of the laws of 2018, is amended to read as
follows:
§ 9. This act shall take effect January 1, 2014 [and shall expire and
be deemed repealed on December 31, 2021].
§ 2. This act shall take effect immediately.
PART K
Section 1. Section 4 of part K of chapter 57 of the laws of 2012,
amending the education law, relating to authorizing the board of cooper-
ative educational services to enter into contracts with the commissioner
of children and family services to provide certain services, as amended
by section 1 of part J of chapter 56 of the laws of 2018, is amended to
read as follows:
§ 4. This act shall take effect July 1, 2012 [and shall expire June
30, 2021 when upon such date the provisions of this act shall be deemed
repealed].
§ 2. This act shall take effect immediately.
PART L
S. 2506--B 50
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
INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM COMMENCED ON OR
AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE, UPON RECEIPT OF
NOTICE REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH AND
MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE COURT SHALL SCHEDULE A
HEARING IN ACCORDANCE WITH SECTION THREE HUNDRED NINETY-THREE OF THIS
CHAPTER. SUCH MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT TO THE COURT
SHALL BE MADE CONTEMPORANEOUSLY UPON PROVISION OF SUCH NOTICE. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL
BE SCHEDULED AND COMPLETED WITHIN SIXTY DAYS FROM THE DATE THE PLACEMENT
OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
§ 1-a. Section 371 of the social services law is amended by adding a
new subdivision 22 to read as follows:
22. "SUPERVISED SETTING" SHALL MEAN A RESIDENTIAL PLACEMENT IN THE
COMMUNITY APPROVED AND SUPERVISED BY AN AUTHORIZED AGENCY OR THE LOCAL
SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH THE REGULATIONS OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES TO PROVIDE A TRANSITIONAL EXPERI-
ENCE FOR OLDER YOUTH IN WHICH SUCH YOUTH MAY LIVE INDEPENDENTLY. A
SUPERVISED SETTING INCLUDES, BUT IS NOT LIMITED TO, PLACEMENT IN A
SUPERVISED INDEPENDENT LIVING PROGRAM, AS DEFINED IN SUBDIVISION TWEN-
TY-ONE OF THIS SECTION.
§ 1-b. Paragraph (c) of subdivision 2 of section 383-a of the social
services law, as added by section 5 of part M of chapter 54 of the laws
of 2016, is amended to read as follows:
(c) "Child care facility" shall mean an institution, group residence,
group home, agency operated boarding home, or supervised SETTING,
INCLUDING A SUPERVISED independent living program.
§ 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) UPON COMPLETION OF THE ASSESSMENT BY THE QUALIFIED INDIVIDUAL,
THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBMIT THE COMPLETED ASSESSMENT
CONDUCTED BY THE QUALIFIED INDIVIDUAL TO THE COURT, AND COUNSEL FOR ALL
PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, AND THE CHILD'S FAMILY
AND PERMANENCY TEAM FORTHWITH OR WITHIN ONE BUSINESS DAY. THE PETITIONER
SHALL SCHEDULE THE HEARING AND NOTIFY THE PARTIES, INCLUDING THE ATTOR-
NEY FOR THE CHILD. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A
CHILD REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESI-
DENTIAL TREATMENT PROGRAM, THE COURT SHALL:
S. 2506--B 51
(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 FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE
CHILD IN THE 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 PERMANENCY PLAN; AND
(III) APPROVE OR DISAPPROVE THE PLACEMENT OF THE CHILD IN THE QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM. PROVIDED THAT, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE QUALIFIED INDIVIDUAL
DETERMINES THAT THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORD-
ANCE WITH SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE COURT MAY
ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM IF:
(A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
(1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL, EXCEPT THAT A SHORTAGE
OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTITUTE EXTENUATING CIRCUM-
STANCES WARRANTING A DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE
MET IN A FOSTER FAMILY HOME;
(2) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL PROGRAM IS
IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUALIFIED INDI-
VIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE;
AND
(B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE
COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS
SUBPARAGRAPH.
(IV) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES
THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THIS ARTICLE, THE LOCAL
SOCIAL SERVICES DISTRICT, PARENT OF THE CHILD, OR THE ATTORNEY FOR THE
CHILD MAY REQUEST A HEARING WITH THE COURT TO BE HELD WITHIN THIRTY
DAYS, TO REVIEW WHETHER THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM CONTINUES TO BE IN THE CHILD'S BEST INTEREST.
(B) IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION
THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN AVAILABLE
FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE COURT
MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN: (I) AN
AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN SECTION THREE
HUNDRED SEVENTY-ONE OF THIS TITLE; (II) IF THE CHILD HAS BEEN FOUND TO
BE, OR IS AT RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN
SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A
SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY
EXPLOITED CHILDREN; (III) A SETTING SPECIALIZING IN PROVIDING PRENATAL,
POST-PARTUM, OR PARENTING SUPPORTS FOR YOUTH; OR (IV) AN AVAILABLE
PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM SETTING
DEEMED NOT APPROPRIATE FOR THE CHILD.
3. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
S. 2506--B 52
4. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING
SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S
DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED
WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
§ 2-a. Subparagraph 1 of paragraph (g) of subdivision 6 and subdivi-
sion 10 of section 398 of the social services law, subparagraph 1 of
paragraph (g) of subdivision 6 as amended by chapter 3 of the laws of
2012 and subdivision 10 as amended by chapter 563 of the laws of 1986,
are amended to read as follows:
(1) Place children in its care and custody or its custody and guardi-
anship, in suitable instances, in SUPERVISED SETTINGS, family homes,
agency boarding homes, group homes or institutions under the proper
safeguards. Such placements can be made either directly, or through an
authorized agency, except that, direct placements in agency boarding
homes or group homes may be made by the social services district only if
the office of children and family services has authorized the district
to operate such homes in accordance with the provisions of section three
hundred seventy-four-b of this [chapter] ARTICLE and only if suitable
care is not otherwise available through an authorized agency under the
control of persons of the same religious faith as the child. Where such
district places a child in [an] A SUPERVISED SETTING, agency boarding
home, group home or institution, either directly, or through an author-
ized agency, the district shall certify in writing to the office of
children and family services, that such placement was made because it
offers the most appropriate and least restrictive level of care for the
child, and, is more appropriate than a family foster home placement, or,
that such placement is necessary because there are no qualified foster
families available within the district who can care for the child. If
placements in agency boarding homes, group homes or institutions are the
result of a lack of foster parents within a particular district, the
office of children and family services shall assist such district to
recruit and train foster parents. Placements shall be made only in
institutions visited, inspected and supervised in accordance with title
three of article seven of this chapter and conducted in conformity with
the applicable regulations of the supervising state agency in accordance
with title three of article seven of this chapter. With the approval of
the office of children and family services, a social services district
may place a child in its care and custody or its custody and guardian-
ship in a federally funded job corps program and may receive reimburse-
ment for the approved costs of appropriate program administration and
supervision pursuant to a plan developed by the department and approved
by the director of the budget.
10. Any provision of this chapter or any other law notwithstanding,
where a foster child for whom a social services official has been making
foster care payments is in A SUPERVISED SETTING, INCLUDING A FOSTER
CHILD IN attendance at a college or university away from his OR HER
foster family boarding home, group home, agency boarding home or insti-
tution, a social services official may make foster payments, [not to
exceed the amount which would have been paid to a foster parent on
behalf of said child had the child been cared for in a foster family
boarding home] AT A RATE TO BE DEVELOPED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES, to such college or university, PROVIDER OF ROOM AND
BOARD, OR YOUTH, AS APPROPRIATE, in lieu of payment to the foster
parents or authorized agency, for the purpose of room and board, if not
S. 2506--B 53
otherwise provided. SUCH RATE SHALL BE NO LOWER THAN THE RATE PAID FOR
A CHILD'S CARE IN A FOSTER FAMILY BOARDING HOME.
§ 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. LEGISLATIVE INTENT. IT IS THE INTENT
OF THE LEGISLATURE TO PROMOTE POLICIES TO PREVENT FOSTER CARE PLACEMENTS
AND KEEP CHILDREN SAFELY AT HOME WITH THEIR FAMILIES AND, WHEN THAT IS
NOT POSSIBLE, TO UTILIZE THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF
CARE IN THE LEAST RESTRICTIVE ENVIRONMENT TO SUPPORT THE CHILD, AS
DETERMINED THROUGH A COMPREHENSIVE ASSESSMENT OF THE CHILD'S PARTICULAR
STRENGTHS AND NEEDS. IT IS ALSO THE INTENT OF THE LEGISLATURE TO PRIOR-
ITIZE HOME-BASED FOSTER CARE SETTINGS WHENEVER POSSIBLE THROUGH IDEN-
TIFICATION AND ENGAGEMENT OF KINSHIP RESOURCES AND INCREASED RECRUITMENT
AND RETENTION OF FOSTER HOMES FOR CHILDREN WHO DO NOT HAVE APPROPRIATE
KINSHIP RESOURCES.
2. (A) NO LATER THAN THIRTY DAYS AFTER 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 COMPLETE AN ASSESSMENT AS TO THE APPROPRI-
ATENESS OF SUCH PLACEMENT UTILIZING AN AGE-APPROPRIATE, EVIDENCE-BASED,
VALIDATED, FUNCTIONAL ASSESSMENT TOOL APPROVED BY THE FEDERAL GOVERNMENT
FOR SUCH PURPOSE. SUCH ASSESSMENT SHALL BE IN ACCORDANCE WITH 42 UNITED
STATES CODE SECTIONS 672 AND 675A AND THE STATE'S APPROVED TITLE IV-E
STATE PLAN AND SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) AN ASSESSMENT
OF THE STRENGTHS AND NEEDS OF THE CHILD; AND (II) A DETERMINATION OF THE
MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST
RESTRICTIVE SETTING, INCLUDING WHETHER THE NEEDS OF THE CHILD CAN BE MET
WITH FAMILY MEMBERS OR THROUGH PLACEMENT IN A FOSTER FAMILY HOME, OR IN
A SETTING SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION, CONSISTENT
WITH THE SHORT-TERM AND LONG-TERM GOALS FOR THE CHILD AS SPECIFIED IN
THE CHILD'S PERMANENCY PLAN. SUCH ASSESSMENT SHALL BE COMPLETED IN
CONJUNCTION WITH THE FAMILY AND PERMANENCY TEAM ESTABLISHED PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION. TO THE EXTENT PRACTICABLE, THE
ASSESSMENT MUST BE COMPLETED PRIOR TO THE PLACEMENT OF THE CHILD IN THE
QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
(B) THE FAMILY AND PERMANENCY TEAM SHALL CONSIST OF ALL APPROPRIATE
BIOLOGICAL FAMILY MEMBERS, RELATIVES, AND FICTIVE KIN OF THE CHILD, THE
ATTORNEY FOR THE CHILD AS WELL AS, AS APPROPRIATE, PROFESSIONALS WHO ARE
A RESOURCE TO THE FAMILY OF THE CHILD, INCLUDING BUT NOT LIMITED TO,
TEACHERS, MEDICAL OR MENTAL HEALTH PROVIDERS WHO HAVE TREATED THE CHILD,
OR CLERGY. IN THE CASE OF A CHILD WHO HAS ATTAINED THE AGE OF FOURTEEN,
THE FAMILY AND PERMANENCY TEAM SHALL INCLUDE THE MEMBERS OF THE PERMAN-
ENCY PLANNING TEAM FOR THE CHILD IN ACCORDANCE WITH 42 UNITED STATES
CODE SECTION 675 AND THE STATE'S APPROVED TITLE IV-E STATE PLAN.
(C) WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE CHILD MAY NOT
BE PLACED IN A FOSTER FAMILY HOME, THE QUALIFIED INDIVIDUAL MUST SPECIFY
IN WRITING THE REASONS WHY THE NEEDS OF THE CHILD CANNOT BE MET BY THE
CHILD'S FAMILY OR IN A FOSTER FAMILY HOME AND WHY SUCH A PLACEMENT IS
NOT THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF CARE FOR SUCH CHILD.
SUCH DETERMINATION SHALL INCLUDE WHETHER THE NEEDS OF THE CHILD CAN BE
MET THROUGH PLACEMENT IN:
(I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE;
S. 2506--B 54
(II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A
SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
HUNDRED FORTY-SEVEN-A OF THIS ARTICLE, A SETTING PROVIDING RESIDENTIAL
CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHILDREN;
(III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM OR
PARENTING SUPPORTS FOR YOUTH; OR
(IV) A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
3. WHERE THE QUALIFIED INDIVIDUAL DETERMINES THAT THE PLACEMENT OF THE
CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS NOT APPROPRIATE
UNDER THE STANDARDS SET PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE
LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF CHILDREN AND FAMILY
SERVICES WITH LEGAL CUSTODY OF THE CHILD, TO THE EXTENT PRACTICABLE,
SHALL REMOVE SUCH CHILD FROM THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
WITHIN THIRTY DAYS OF THE COMPLETION OF THE ASSESSMENT, AND IF PLACEMENT
OF THE CHILD IS TO CONTINUE, PLACE SAID CHILD WITH FAMILY MEMBERS OR IN
AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTER-
EST, THE OFFICE OF CHILDREN AND FAMILY SERVICES OR SOCIAL SERVICES
DISTRICT MAY ALSO PLACE THE CHILD IN A SETTING SPECIFIED IN PARAGRAPH
(C) OF SUBDIVISION TWO OF THIS SECTION OTHER THAN A QUALIFIED RESIDEN-
TIAL TREATMENT PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD.
4. AS USED IN THE SECTION, "QUALIFIED RESIDENTIAL TREATMENT PROGRAM"
MEANS A PROGRAM THAT IS A NON-FOSTER FAMILY RESIDENTIAL PROGRAM IN
ACCORDANCE WITH 42 UNITED STATE CODE SECTION 672 AND THE STATE'S
APPROVED TITLE IV-E STATE PLAN.
5. AS USED IN THIS SECTION, "QUALIFIED INDIVIDUAL" SHALL MEAN A
TRAINED PROFESSIONAL OR LICENSED CLINICIAN ACTING WITHIN THEIR SCOPE OF
PRACTICE WHO SHALL HAVE CURRENT OR PREVIOUS RELEVANT EXPERIENCE IN THE
CHILD WELFARE FIELD. SUCH INDIVIDUAL SHALL NOT BE AN EMPLOYEE OF THE
STATE, COUNTY OR MUNICIPAL AGENCY PROVIDING, OVERSEEING OR CONTRACTING
FOR PLACEMENTS OF CHILDREN OR AN EMPLOYEE OR CONTRACTOR FOR AN AUTHOR-
IZED AGENCY PROVIDING PLACEMENTS FOR CHILDREN, in accordance with 42
United States Code section 672 and the state's approved title IV-E state
plan.
§ 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
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 INITIAL PLACEMENT OR CHANGE IN PLACEMENT 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
S. 2506--B 55
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 INITIAL PLACEMENT OR
CHANGE IN 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 SUBDI-
VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT OR THE OFFICE OF
CHILDREN AND FAMILY SERVICES WITH LEGAL CUSTODY OF THE RESPONDENT, THE
COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF
THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, SUCH HEARING SHALL THAN BE SCHEDULED AND COMPLETED WITHIN SIXTY DAYS
FROM THE DATE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDEN-
TIAL TREATMENT PROGRAM COMMENCED.
3. (A) UPON COMPLETION OF THE ASSESSMENT BY THE QUALIFIED INDIVIDUAL,
THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBMIT THE COMPLETED ASSESSMENT
CONDUCTED BY THE QUALIFIED INDIVIDUAL TO THE COURT, AND COUNSEL FOR ALL
PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, AND THE CHILD'S FAMILY
AND PERMANENCY TEAM FORTHWITH OR WITHIN ONE BUSINESS DAY. THE PRESENT-
MENT AGENCY, OR DESIGNEE, SHALL SCHEDULE THE HEARING AND NOTIFY THE
PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD. 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 FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE
RESPONDENT IN THE 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 IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM IF:
(A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
(1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED
PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL, EXCEPT THAT A
SHORTAGE OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTITUTE EXTENUATING
CIRCUMSTANCES WARRANTING A DETERMINATION THAT THE NEEDS OF THE CHILD
CANNOT BE MET IN A FOSTER FAMILY HOME;
(2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
S. 2506--B 56
(3) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM SERVES THE RESPONDENT'S NEEDS AND BEST INTERESTS OR THE NEED FOR
PROTECTION OF THE COMMUNITY DESPITE THE FINDING BY THE QUALIFIED INDI-
VIDUAL THAT THE RESPONDENT'S PLACEMENT IN SUCH SETTING IS NOT APPROPRI-
ATE; AND
(B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE
COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS
SUBPARAGRAPH.
(IV) IF THE COURT APPROVES THE PLACEMENT OF THE RESPONDENT IN A QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE RESPOND-
ENT'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL.
(B) IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION
THAT SUCH ORDER WILL BE FOR THE RESPONDENT TO BE PLACED IN AN AVAILABLE
FOSTER FAMILY HOME; HOWEVER, IF IN THE RESPONDENT'S BEST INTEREST, THE
COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE RESPONDENT
IN:
(I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
(II) IF THE RESPONDENT HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOM-
ING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION
FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVID-
ING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED
CHILDREN;
(III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR
PARENTING SUPPORTS FOR YOUTH; OR
(IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE RESPONDENT.
4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING
SCHEDULED FOR SUCH RESPONDENT, INCLUDING BUT NOT LIMITED TO THE RESPOND-
ENT'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS
COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
§ 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 THE FOSTER FAMILY
HOME, THAT THE PLACEMENT IN THE 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 RESPOND-
ENT, AS SPECIFIED IN THE RESPONDENT'S PERMANENCY PLAN;
S. 2506--B 57
(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 FAMILY 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 FAMILY
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;
(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 FAMILY 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 INITIAL PLACEMENT OR CHANGE IN
PLACEMENT 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 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.
S. 2506--B 58
(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 INITIAL
PLACEMENT OR CHANGE IN PLACEMENT IN SUCH QUALIFIED RESIDENTIAL TREATMENT
PROGRAM COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWEN-
TY-ONE, UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE
COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVISION THREE OF
THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, SUCH HEARING SHALL BE SCHEDULED AND COMPLETED WITHIN SIXTY DAYS FROM
THE DATE THE PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM COMMENCED.
3. (A) UPON COMPLETION OF THE ASSESSMENT BY THE QUALIFIED INDIVIDUAL,
THE LOCAL SOCIAL SERVICES DISTRICT SHALL SUBMIT THE COMPLETED ASSESSMENT
CONDUCTED BY THE QUALIFIED INDIVIDUAL TO THE COURT, AND COUNSEL FOR ALL
PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, AND THE CHILD'S FAMILY
AND PERMANENCY TEAM FORTHWITH OR WITHIN ONE BUSINESS DAY. THE PETITIONER
SHALL SCHEDULE THE HEARING AND NOTIFY THE PARTIES, INCLUDING THE ATTOR-
NEY FOR THE CHILD. 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 FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE
RESPONDENT IN THE 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 THE QUALIFIED INDIVIDUAL
DETERMINES THAT THE PLACEMENT OF THE RESPONDENT IN A QUALIFIED RESIDEN-
TIAL TREATMENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
THE COURT MAY ONLY APPROVE THE PLACEMENT OF THE RESPONDENT IN THE QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM IF:
(A) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
(1) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED
PLACEMENT OF THE RESPONDENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL, EXCEPT THAT A
SHORTAGE OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTITUTE EXTENUATING
CIRCUMSTANCES WARRANTING A DETERMINATION THAT THE NEEDS OF THE CHILD
CANNOT BE MET IN A FOSTER FAMILY HOME;
(2) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
RESPONDENT'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
(3) THAT IT WOULD BE CONTRARY TO THE WELFARE OF THE RESPONDENT TO BE
PLACED IN A LESS RESTRICTIVE SETTING AND THAT CONTINUED PLACEMENT IN THE
QUALIFIED RESIDENTIAL PROGRAM IS IN THE RESPONDENT'S BEST INTEREST
DESPITE THE FINDING BY THE QUALIFIED INDIVIDUAL THAT THE RESPONDENT'S
PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND
S. 2506--B 59
(B) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE
COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO CLAUSE (A) OF THIS
SUBPARAGRAPH.
(IV) IF THE COURT APPROVES THE PLACEMENT OF THE RESPONDENT IN A QUALI-
FIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETER-
MINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE RESPOND-
ENT'S BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL.
(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 DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT
ORDER, THERE IS A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE RESPONDENT
TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE
RESPONDENT'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN ORDER PERMITTING
THE PLACEMENT OF THE RESPONDENT IN:
(I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
(II) IF THE RESPONDENT HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOM-
ING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION
FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVID-
ING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED
CHILDREN;
(III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR
PARENTING SUPPORTS FOR YOUTH; OR
(IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE RESPONDENT.
4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE RESPONDENT'S CASE RECORD.
5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING
SCHEDULED FOR SUCH RESPONDENT, INCLUDING BUT NOT LIMITED TO THE RESPOND-
ENT'S DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS
COMPLETED WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
§ 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 INITIAL PLACEMENT OR CHANGE IN 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 SUBDI-
VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, 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 BE SCHEDULED AND COMPLETED WITHIN SIXTY
S. 2506--B 60
DAYS FROM THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDEN-
TIAL 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 INITIAL PLACEMENT OR CHANGE IN 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 SUBDI-
VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, 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 CONTRA-
RY, SUCH HEARING SHALL BE SCHEDULED AND COMPLETED WITHIN SIXTY DAYS FROM
THE DATE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM COMMENCED.
§ 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. UPON COMPLETION OF THE ASSESSMENT BY THE QUALIFIED INDIVIDUAL, THE
LOCAL SOCIAL SERVICES DISTRICT SHALL SUBMIT THE COMPLETED ASSESSMENT
CONDUCTED BY THE QUALIFIED INDIVIDUAL TO THE COURT, AND COUNSEL FOR ALL
PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, AND THE CHILD'S FAMILY
AND PERMANENCY TEAM FORTHWITH OR WITHIN ONE BUSINESS DAY. THE PETITIONER
SHALL SCHEDULE THE HEARING AND NOTIFY THE PARTIES, INCLUDING THE ATTOR-
NEY FOR THE CHILD. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A
CHILD REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESI-
DENTIAL 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 THE FOSTER FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE
CHILD IN THE 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 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 IN ACCORDANCE
WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICE LAW, THE COURT
MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM IF:
(I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
S. 2506--B 61
(A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL, EXCEPT THAT A SHORTAGE
OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTITUTE EXTENUATING CIRCUM-
STANCES WARRANTING A DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE
MET IN A FOSTER FAMILY HOME;
(B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
(C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUAL-
IFIED INDIVIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT
APPROPRIATE; AND
(II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE
COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF
THIS PARAGRAPH.
(D) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES
THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN THE
QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S
BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL.
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
DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS
A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN
AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST,
THE COURT MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD
IN:
(I) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
(II) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A
SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING
RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHIL-
DREN;
(III) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR
PARENTING SUPPORTS FOR YOUTH; OR
(IV) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE CHILD.
4. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
5. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING
SCHEDULED FOR SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S
DISPOSITIONAL OR PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED
WITHIN SIXTY DAYS OF THE START OF SUCH PLACEMENT.
§ 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
S. 2506--B 62
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
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 FAMILY HOME, THAT
THE PLACEMENT IN THE 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
FAMILY 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 INITIAL PLACEMENT OR CHANGE IN PLACEMENT IN SUCH PROGRAM
COMMENCED ON OR AFTER SEPTEMBER TWENTY-NINTH, TWO THOUSAND TWENTY-ONE,
UPON RECEIPT OF NOTICE REQUIRED PURSUANT TO ITEM (I) OF THIS CLAUSE AND
MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, 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. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH HEARING SHALL BE
SCHEDULED AND COMPLETED WITHIN 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
S. 2506--B 63
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 INITIAL PLACEMENT OR CHANGE IN PLACEMENT 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 ATTORNEYS FOR THE PARTIES,
INCLUDING THE ATTORNEY FOR THE FORMER FOSTER CARE YOUTH, OF THE DATE THE
PLACEMENT CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE
BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
(B) WHEN A FORMER FOSTER CARE YOUTH WHOSE LEGAL CUSTODY WAS TRANS-
FERRED 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 FORMER FOSTER CARE YOUTH'S
INITIAL PLACEMENT OR CHANGE IN 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 PARA-
GRAPH (A) OF THIS SUBDIVISION AND MOTION OF THE LOCAL SOCIAL SERVICES
DISTRICT, THE COURT SHALL SCHEDULE A HEARING IN ACCORDANCE WITH SUBDIVI-
SION THREE OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, SUCH HEARING SHALL BE SCHEDULED AND COMPLETED WITHIN
SIXTY DAYS FROM THE DATE THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH
IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM COMMENCED.
3. UPON COMPLETION OF THE ASSESSMENT BY THE QUALIFIED INDIVIDUAL, THE
LOCAL SOCIAL SERVICES DISTRICT SHALL SUBMIT THE COMPLETED ASSESSMENT
CONDUCTED BY THE QUALIFIED INDIVIDUAL TO THE COURT, AND COUNSEL FOR ALL
PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, AND THE CHILD'S FAMILY
AND PERMANENCY TEAM FORTHWITH OR WITHIN ONE BUSINESS DAY. THE PETITIONER
SHALL SCHEDULE THE HEARING AND NOTIFY THE PARTIES, INCLUDING THE ATTOR-
NEY FOR THE CHILD. 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 FAMILY HOME AND, IF NOT, WHETHER
PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM PROVIDES THE MOST EFFECTIVE AND APPROPRIATE LEVEL OF
CARE FOR THE FORMER FOSTER CARE YOUTH IN THE LEAST RESTRICTIVE ENVIRON-
MENT 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 IN ACCORDANCE WITH SECTION FOUR HUNDRED
NINE-H OF THE SOCIAL SERVICES LAW, THE COURT MAY ONLY APPROVE THE PLACE-
S. 2506--B 64
MENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL TREAT-
MENT PROGRAM IF:
(I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
(A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED
PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL,
EXCEPT THAT A SHORTAGE OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTI-
TUTE EXTENUATING CIRCUMSTANCES WARRANTING A DETERMINATION THAT THE NEEDS
OF THE CHILD CANNOT BE MET IN A FOSTER FAMILY HOME;
(B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
FORMER FOSTER CARE YOUTH'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
(C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM IS IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST DESPITE THE
FINDING BY THE QUALIFIED INDIVIDUAL THAT THE FORMER FOSTER CARE YOUTH'S
PLACEMENT IN SUCH SETTING IS NOT APPROPRIATE; AND
(II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE
COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF
THIS PARAGRAPH.
(D) IF THE COURT APPROVES THE PLACEMENT OF THE FORMER FOSTER CARE
YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED
INDIVIDUAL DETERMINES THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE
STANDARDS SET IN ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE
SOCIAL SERVICES LAW, THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER
THE PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO
BE IN THE FORMER FOSTER CARE YOUTH'S BEST INTEREST WITHIN THIRTY DAYS OF
SUCH APPROVAL.
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
DIFFERENT SETTING. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS
A PRESUMPTION THAT SUCH ORDER WILL BE FOR THE FORMER FOSTER CARE YOUTH
TO BE PLACED IN AN AVAILABLE FOSTER FAMILY HOME; HOWEVER, IF IN THE
FORMER FOSTER CARE YOUTH'S BEST INTEREST, THE COURT MAY ALSO ISSUE AN
ORDER PERMITTING THE PLACEMENT OF THE FORMER FOSTER CARE YOUTH IN:
(A) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
(B) IF THE FORMER FOSTER CARE YOUTH HAS BEEN FOUND TO BE, OR IS AT
RISK OF BECOMING, A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION
ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A
SETTING PROVIDING RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY
EXPLOITED CHILDREN;
(C) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR
PARENTING SUPPORTS FOR YOUTH; OR
(D) AN AVAILABLE PROGRAM LICENSED OR CERTIFIED BY THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES OTHER THAN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM SETTING DEEMED NOT APPROPRIATE FOR THE FORMER FOSTER CARE YOUTH.
5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE FORMER FOSTER CARE YOUTH'S CASE RECORD.
6. TO THE EXTENT FEDERALLY ALLOWABLE, NOTHING IN THIS SECTION SHALL
PROHIBIT THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL
TREATMENT PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING
SCHEDULED FOR SUCH FORMER FOSTER CARE YOUTH, INCLUDING BUT NOT LIMITED
S. 2506--B 65
TO THE FORMER FOSTER CARE YOUTH'S DISPOSITIONAL OR PERMANENCY HEARING,
PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY DAYS OF THE START OF
SUCH PLACEMENT.
§ 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 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 INITIAL PLACEMENT OR CHANGE IN
PLACEMENT 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 INITIAL PLACEMENT OR
CHANGE IN 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 SUBDI-
VISION AND MOTION OF THE LOCAL SOCIAL SERVICES DISTRICT, 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 BE SCHEDULED AND COMPLETED WITHIN SIXTY DAYS FROM THE DATE THE
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
COMMENCED.
3. UPON COMPLETION OF THE ASSESSMENT BY THE QUALIFIED INDIVIDUAL, THE
LOCAL SOCIAL SERVICES DISTRICT SHALL SUBMIT THE COMPLETED ASSESSMENT
CONDUCTED BY THE QUALIFIED INDIVIDUAL TO THE COURT, AND COUNSEL FOR ALL
PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, AND THE CHILD'S FAMILY
AND PERMANENCY TEAM FORTHWITH OR WITHIN ONE BUSINESS DAY. THE PETITIONER
SHALL SCHEDULE THE HEARING AND NOTIFY THE PARTIES, INCLUDING THE ATTOR-
NEY FOR THE CHILD. WITHIN SIXTY DAYS OF THE START OF A PLACEMENT OF A
CHILD REFERENCED IN SUBDIVISION ONE OF THIS SECTION IN A QUALIFIED RESI-
DENTIAL 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 FAMILY HOME AND, IF NOT, WHETHER PLACEMENT OF THE CHILD
S. 2506--B 66
IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PROVIDES THE MOST EFFEC-
TIVE AND APPROPRIATE LEVEL OF CARE FOR THE CHILD IN THE LEAST RESTRIC-
TIVE ENVIRONMENT 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-
MENT PROGRAM IS NOT APPROPRIATE UNDER THE STANDARDS SET IN ACCORDANCE
WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW, THE COURT
MAY ONLY APPROVE THE PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM IF:
(I) THE COURT FINDS, AND STATES IN THE WRITTEN ORDER THAT:
(A) EXTENUATING CIRCUMSTANCES EXIST THAT NECESSITATE THE CONTINUED
PLACEMENT OF THE CHILD IN THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM
DESPITE THE FINDING OF THE QUALIFIED INDIVIDUAL, EXCEPT THAT A SHORTAGE
OR LACK OF FOSTER FAMILY HOMES SHALL NOT CONSTITUTE EXTENUATING CIRCUM-
STANCES WARRANTING A DETERMINATION THAT THE NEEDS OF THE CHILD CANNOT BE
MET IN A FOSTER FAMILY HOME;
(B) THERE IS NOT AN ALTERNATIVE SETTING AVAILABLE THAT CAN MEET THE
CHILD'S NEEDS IN A LESS RESTRICTIVE ENVIRONMENT; AND
(C) THAT CONTINUED PLACEMENT IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM IS IN THE CHILD'S BEST INTEREST DESPITE THE FINDING BY THE QUAL-
IFIED INDIVIDUAL THAT THE CHILD'S PLACEMENT IN SUCH SETTING IS NOT
APPROPRIATE; AND
(II) THE COURT'S WRITTEN ORDER STATES THE SPECIFIC REASONS WHY THE
COURT HAS MADE THE FINDINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF
THIS PARAGRAPH.
(D) IF THE COURT APPROVES THE PLACEMENT OF THE CHILD IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM WHERE THE QUALIFIED INDIVIDUAL DETERMINES
THAT SUCH PLACEMENT IS NOT APPROPRIATE UNDER THE STANDARDS SET IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINE-H OF THE SOCIAL SERVICES LAW,
THE COURT SHALL HOLD A HEARING TO REVIEW WHETHER THE PLACEMENT IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM CONTINUES TO BE IN THE CHILD'S
BEST INTEREST WITHIN THIRTY DAYS OF SUCH APPROVAL.
4. IF THE COURT ISSUES A NEW PLACEMENT ORDER, THERE IS A PRESUMPTION
THAT SUCH ORDER WILL BE FOR THE CHILD TO BE PLACED IN AN AVAILABLE
FOSTER FAMILY HOME; HOWEVER, IF IN THE CHILD'S BEST INTEREST, THE COURT
MAY ALSO ISSUE AN ORDER PERMITTING THE PLACEMENT OF THE CHILD IN:
(A) AN AVAILABLE SUPERVISED SETTING, AS SUCH TERM IS DEFINED IN
SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW;
(B) IF THE CHILD HAS BEEN FOUND TO BE, OR IS AT RISK OF BECOMING, A
SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, A SETTING PROVIDING
RESIDENTIAL CARE AND SUPPORTIVE SERVICES FOR SEXUALLY EXPLOITED CHIL-
DREN;
(C) A SETTING SPECIALIZING IN PROVIDING PRENATAL, POST-PARTUM, OR
PARENTING SUPPORTS FOR YOUTH; OR
5. DOCUMENTATION OF THE COURT'S DETERMINATION PURSUANT TO THIS SECTION
SHALL BE RECORDED IN THE CHILD'S CASE RECORD.
6. TO THE EXTENT PRACTICABLE, NOTHING IN THIS SECTION SHALL PROHIBIT
THE COURT'S APPROVAL OF A PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM FROM OCCURRING AT THE SAME TIME AS ANOTHER HEARING SCHEDULED FOR
SUCH CHILD, INCLUDING BUT NOT LIMITED TO THE CHILD'S DISPOSITIONAL OR
S. 2506--B 67
PERMANENCY HEARING, PROVIDED SUCH APPROVAL IS COMPLETED WITHIN SIXTY
DAYS OF THE START OF SUCH PLACEMENT.
§ 15. On or before April 1, 2023, the office of children and family
services shall submit a report to the governor, temporary president of
the senate, speaker of the assembly, chairs of the senate and assembly
standing committees on children and families, and the chairs of the
senate and assembly standing committees on social services regarding the
placement of children pursuant to proceedings held under section 393 of
the social services law or sections 353.7, 756-b, 1055-c, 1091-a, and
1097 of the family court act. Such report will identify trends and
address any disparities between placement orders issued by the courts
and the legislative intent outlined in subdivision one of section 409-h
of the social services law. Such analysis shall include, but not be
limited to, a review of the number of times a judge approves the contin-
uation of placement in a qualified residential treatment program where
the qualified individual determines that the placement of the child in
such qualified residential treatment program is not appropriate in
accordance with section 409-h of the social services law and the speci-
fied reasons for the determinations as required by: clause (B) of
subparagraph (iii) of paragraph (a) of subdivision 2 of section 393 of
the social services law; or the following provisions of the family court
act: clause (B) of subparagraph (iii) of paragraph (a) of subdivision 3
of section 353.7; clause (B) of subparagraph (iii) of paragraph (a) of
subdivision 3 of section 756-b; subparagraph (ii) of paragraph (c) of
subdivision two of section 1055-c; subparagraph (ii) of paragraph (c) of
subdivision 3 of section 1091-a; and subparagraph (ii) of paragraph (c)
of subdivision 3 of section 1097. The office of court administration
shall provide aggregrate data to the office of children and families for
placement orders issued by the court on or after September 29, 2021, as
it pertains to the appropriateness of a child's placement in a qualified
residential treatment program. The office is authorized to contract with
a consultant or independent research organization to prepare and submit
such report.
§ 16. 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.
§ 17. 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 qualified individual and the establishment of the
assessment by the qualified individual to be completed prior to or with-
in 30-days of the child's placement as established by section three of
this act; (2) the 60 day court reviews, including the ability to conduct
at the same time as another hearing scheduled for the child, as estab-
lished by sections one, two, four, seven, eight, nine, ten, twelve,
S. 2506--B 68
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) 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
(d) the office of children and family services and the office of court
administration are hereby authorized to promulgate such rules and regu-
lations on an emergency basis as may be necessary to implement the
provisions of this act on or before such effective date.
PART M
Intentionally Omitted
PART N
Intentionally Omitted
PART O
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 $14,700,000 for the fiscal
year ending March 31, 2022. Within this amount, $200,000 shall be used
for the purpose of entering into a contract with the neighborhood pres-
ervation 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
$14,700,000, 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 2020-2021 in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves in the
S. 2506--B 69
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, 2021.
§ 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 $6,300,000 for the fiscal year ending March
31, 2022. Within this total amount, $200,000 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
with rural preservation program contracts authorized by this section, a
total sum not to exceed $6,300,000, 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 2020-2021 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, 2021.
§ 3. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for services and expenses
related to homeless housing and preventative services programs including
but not limited to the New York state supportive housing program, the
solutions to end homelessness program or the operational support for
AIDS housing program, or to qualified grantees under such programs, in
accordance with the requirements of such programs, a sum not to exceed
$45,181,000 for the fiscal year ending March 31, 2022. 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 hous-
ing and assistance corporation, a total sum not to exceed $45,181,000,
such transfer to be made from (i) the special account of the mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties law, in an amount not to exceed the actual excess balance in the
special account of the mortgage insurance fund, as determined and certi-
fied by the state of New York mortgage agency for the fiscal year 2020-
2021 in accordance with section 2429-b of the public authorities law, if
any, and/or (ii) provided that the reserves in the project pool insur-
ance account of the mortgage insurance fund created pursuant to section
S. 2506--B 70
2429-b of the public authorities law are sufficient to attain and main-
tain the credit rating as determined by the state of New York mortgage
agency, required to accomplish the purposes of such account, the project
pool insurance account of the mortgage insurance fund, such transfer
shall be made as soon as practicable but no later than March 31, 2022.
§ 4. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of reimbursing New
York city expenditures for adult shelters, a sum not to exceed
$65,568,000 for the fiscal year ending March 31, 2022. Notwithstanding
any other inconsistent provision of law, such funds shall be available
for eligible costs incurred on or after January 1, 2021, and before
January 1, 2022, that are otherwise reimbursable by the state on or
after April 1, 2021, and that are claimed by March 31, 2022. Such
reimbursement shall constitute total state reimbursement for activities
funded herein in state fiscal year 2021-2022, and shall include
reimbursement for costs associated with a court mandated plan to improve
shelter conditions for medically frail persons and additional costs
incurred as part of a plan to reduce over-crowding in congregate shel-
ters. 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 laws, rules or regulations
relating to public assistance and care or the administration thereof.
Notwithstanding any other provision of law, and subject to the approval
of the New York state director of the budget, and the authorization by
the members of the state of New York housing finance agency, the state
of New York housing finance agency shall transfer to the homeless hous-
ing and assistance corporation, a total sum not to exceed $65,568,000,
such transfer to be made from excess funds of the housing finance agen-
cy, not pledged to the payment of the agency's outstanding bonds. Such
transfer shall be made as soon as practicable but no later than March
31, 2022.
§ 5. This act shall take effect immediately.
PART P
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 K of chapter 56 of the laws of 2020, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$150.00] $152.00 for each month beginning on or after
January first, two thousand [twenty] TWENTY-ONE.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$174.00] $176.00 for each month beginning on
or after January first, two thousand [twenty] TWENTY-ONE.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$207.00] $210.00 for each month
beginning on or after January first, two thousand [twenty] TWENTY-ONE.
(d) for the period commencing January first, two thousand [twenty-one]
TWENTY-TWO, 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
S. 2506--B 71
living adjustment which becomes effective on or after January first, two
thousand [twenty-one] TWENTY-TWO, but prior to June thirtieth, two thou-
sand [twenty-one] TWENTY-TWO, 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
K of chapter 56 of the laws of 2020, are amended to read as follows:
(a) On and after January first, two thousand [twenty] TWENTY-ONE, for
an eligible individual living alone, [$870.00] $881.00; and for an
eligible couple living alone, [$1,279.00] $1,295.00.
(b) On and after January first, two thousand [twenty] TWENTY-ONE, for
an eligible individual living with others with or without in-kind
income, [$806.00] $817.00; and for an eligible couple living with others
with or without in-kind income, [$1,221.00] $1,237.00.
(c) On and after January first, two thousand [twenty] TWENTY-ONE, (i)
for an eligible individual receiving family care, [$1,049.48] $1,060.48
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, [$1,011.48]
$1,022.48; 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 [twenty] TWENTY-ONE, (i)
for an eligible individual receiving residential care, [$1,218.00]
$1,229.00 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, [$1,188.00] $1,199.00; 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 [twenty] TWENTY-ONE, (i)
for an eligible individual receiving enhanced residential care,
[$1,477.00] $1,488.00; 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-one] TWENTY-
TWO but prior to June thirtieth, two thousand [twenty-one] TWENTY-TWO.
§ 3. This act shall take effect December 31, 2021.
PART Q
Section 1. Section 82 of the state finance law, as added by chapter
375 of the laws of 2018, is amended to read as follows:
§ 82. Gifts to food banks fund. 1. There is hereby established in the
sole custody of the commissioner of taxation and finance a special fund
to be known as the "gifts to food banks fund". Monies in the fund shall
be kept separate from and not commingled with other funds held in the
sole custody of the commissioner of taxation and finance.
S. 2506--B 72
2. Such fund shall consist of all revenues received by the department
of taxation and finance pursuant to the provisions of section six
hundred twenty-five-a of the tax law and all other money appropriated,
credited, or transferred thereto from any other fund or source pursuant
to law. Nothing 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.
3. Monies of the fund shall, after appropriation by the legislature,
be made available to the [office of temporary and disability assistance]
DEPARTMENT OF HEALTH for grants to regional food banks, organized to
serve specific regions of the state, that generally collect and redis-
tribute food donations to organizations serving persons in need. Monies
shall be payable from the fund by the commissioner of taxation and
finance on vouchers approved by the commissioner of [temporary and disa-
bility assistance] HEALTH. The commissioner of [temporary and disability
assistance] HEALTH shall promulgate rules and regulations necessary for
the distribution of such grants.
4. To the extent practicable, the commissioner of [the office of
temporary and disability assistance] HEALTH shall ensure that all monies
received during a fiscal year are expended prior to the end of that
fiscal year.
5. On or before the first day of February each year, the comptroller
shall certify to the governor, temporary president of the senate, speak-
er of the assembly, chair of the senate finance committee and chair of
the assembly ways and means committee, the amount of money deposited in
the gifts to food banks fund during the preceding calendar year as the
result of revenue derived pursuant to section six hundred twenty-five-a
of the tax law.
6. On or before the first day of February each year, the commissioner
of [the office of temporary and disability assistance] HEALTH shall
provide a written report to the temporary president of the senate,
speaker of the assembly, chair of the senate finance committee, chair of
the assembly ways and means committee, chair of the senate committee on
social services, chair of the assembly social services committee, and
the public. Such report shall include how the monies of the fund were
utilized during the preceding calendar year and shall include:
(a) the amount of money [dispersed] DISBURSED from the fund;
(b) the recipients of awards from the fund;
(c) the amount awarded to each recipient;
(d) the purposes for which such awards were granted; and
(e) 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.
§ 2. This act shall take effect immediately.
PART R
Intentionally Omitted
PART S
Intentionally Omitted
S. 2506--B 73
PART T
Intentionally Omitted
PART U
Section 1. Section 577 of the private housing finance law is amended
by adding a new subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRA-
RY, A PROJECT OF A HOUSING DEVELOPMENT FUND COMPANY MANAGED OR OPERATED
BY A COMPANY INCORPORATED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW
AND THIS ARTICLE, THAT HAS ENTERED INTO A REGULATORY AGREEMENT WITH THE
COMMISSIONER OR SUPERVISORY AGENCY PURSUANT TO SECTION FIVE HUNDRED
SEVENTY-SIX OF THIS ARTICLE SHALL BE EXEMPT FROM THE SALES AND COMPEN-
SATING USE TAXES IMPOSED PURSUANT TO ARTICLE TWENTY-EIGHT OR TWENTY-NINE
OF THE TAX LAW, AND SUCH TAX EXEMPTION SHALL CONTINUE ONLY SO LONG AS
SUCH AGREEMENT IS IN FORCE AND EFFECT.
§ 2. This act shall take effect immediately and shall apply to
projects that entered into regulatory agreements pursuant to section 576
of the private housing finance law on or after January 1, 2020.
PART V
Section 1. Subdivisions 5, 6 and 7 of section 111-h of the social
services law are REPEALED, and three new subdivisions 5, 6 and 7 are
added to read as follows:
5. EXCEPT AS PROVIDED IN SUBDIVISION SIX OF THIS SECTION, WITH
RESPECT TO ANY FUNDS PAID TO THE SUPPORT COLLECTION UNIT ESTABLISHED BY
A SOCIAL SERVICES DISTRICT PURSUANT TO AN ORDER OF SUPPORT UNDER THE
PROVISIONS OF ARTICLE FOUR, FIVE, FIVE-A OR FIVE-B OF THE FAMILY COURT
ACT AND WHICH HAVE REMAINED FOR NO LESS THAN ONE YEAR AFTER DILIGENT
EFFORTS TO LOCATE THE PERSON ENTITLED TO SUCH FUNDS, THE FAMILY COURT
MAY ENTER AN ORDER DECREEING: (A) THAT THE FUNDS BE RETURNED TO THE
PERSON WHO PAID THE FUNDS PURSUANT TO THE ORDER OF SUPPORT; OR (B) THAT
THE FUNDS BE PAID TO THE STATE COMPTROLLER, IN ACCORDANCE WITH SUBDIVI-
SION SIX OF THIS SECTION.
6. ANY FUNDS PAID TO A SUPPORT COLLECTION UNIT ESTABLISHED BY A SOCIAL
SERVICES DISTRICT FOR WHICH THE REMITTER OF SUCH FUNDS HAS NOT PROVIDED
SUFFICIENT IDENTIFYING INFORMATION TO ASSOCIATE THE FUNDS WITH AN EXIST-
ING OR PREVIOUSLY EXISTING CHILD SUPPORT ACCOUNT, AND SUCH INFORMATION
CANNOT BE DETERMINED AFTER DILIGENT EFFORTS, INCLUDING A REVIEW BY THE
FAMILY COURT TO ASSESS THE DILIGENT EFFORTS OF THE SUPPORT COLLECTION
UNIT OF THE LOCAL SOCIAL SERVICES DISTRICT, SHALL BE PAID TO THE STATE
COMPTROLLER IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION.
7. IN THE MONTH OF APRIL, ON OR BEFORE THE TENTH DAY THEREOF, SUCH
PAYMENT SHALL BE DELIVERED TO THE STATE COMPTROLLER PURSUANT TO SECTION
THIRTEEN HUNDRED EIGHTEEN OF THE ABANDONED PROPERTY LAW, AND SHALL BE
ACCOMPANIED BY A WRITTEN REPORT, AFFIRMED AS TRUE AND ACCURATE UNDER THE
PENALTY OF PERJURY, CLASSIFIED AS THE STATE COMPTROLLER SHALL PRESCRIBE,
SETTING FORTH:
(A) THE NAMES AND LAST KNOWN ADDRESSES, IF ANY, OF THE PERSONS ENTI-
TLED TO RECEIVE SUCH ABANDONED PROPERTY;
(B) THE TITLE OF ANY PROCEEDING RELATING TO SUCH ABANDONED PROPERTY;
AND
(C) SUCH OTHER IDENTIFYING INFORMATION AS THE STATE COMPTROLLER MAY
REQUIRE.
S. 2506--B 74
§ 2. Paragraph (c) of subdivision 1 of section 600 of the abandoned
property law is REPEALED.
§ 3. Subdivision 3 of section 602 of the abandoned property law is
REPEALED.
§ 4. The abandoned property law is amended by adding a new section
1318 to read as follows:
§ 1318. UNCLAIMED SPOUSAL AND CHILD SUPPORT. ANY AMOUNT REPRESENTING
CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT PAID TO A SUPPORT COLLECTION
UNIT ESTABLISHED BY A SOCIAL SERVICES DISTRICT WHICH HAS BEEN DELIVERED
TO THE STATE COMPTROLLER PURSUANT TO SUBDIVISION SEVEN OF SECTION ONE
HUNDRED ELEVEN-H OF THE SOCIAL SERVICES LAW SHALL BE DEEMED ABANDONED
PROPERTY. ON OR BEFORE THE TENTH DAY OF APRIL IN EACH YEAR, SUCH ABAN-
DONED PROPERTY SHALL BE PAID TO THE STATE COMPTROLLER. SUCH PAYMENT
SHALL BE ACCOMPANIED BY A VERIFIED WRITTEN REPORT IN SUCH FORM AS THE
STATE COMPTROLLER MAY PRESCRIBE.
§ 5. Intentionally omitted.
§ 6. Intentionally omitted.
§ 7. Intentionally omitted.
§ 8. This act shall take effect immediately; provided, however, that
any funds which were deposited with the county treasurer or the commis-
sioner of finance of the city of New York in accordance with section
111-h of the social services law prior to the effective date of this act
shall be delivered to the state comptroller on or before April 1, 2022
in accordance with subdivision 7 of section 111-h of the social services
law, as added by section one of this act.
PART W
Intentionally Omitted
PART X
Section 1. Section 2401 of the public authorities law is amended by
adding a new undesignated paragraph to read as follows:
IT IS FURTHER FOUND AND DETERMINED THAT THERE IS A SHORTAGE OF
ADEQUATE FUNDS TO ASSIST IN THE NEW CONSTRUCTION OF HOUSING, INCLUDING
MODULAR AND MANUFACTURED HOUSING.
§ 2. Subdivisions 2, 5, and 12 of section 2402 of the public authori-
ties law, subdivision 2 as amended by chapter 806 of the laws of 1990,
subdivision 5 as amended by chapter 151 of the laws of 2013, and subdi-
vision 12 as added by chapter 915 of the laws of 1982, are amended to
read as follows:
(2) "Bank". Any bank or trust company, savings bank, savings and loan
association, industrial bank, credit union, national banking associ-
ation, federal savings and loan association, federal savings bank or
federal credit union which is located in the state. The term "bank"
shall also include a New York state licensed mortgage banker, or a
domestic not-for-profit corporation whose public purposes include
combatting community deterioration and which is an exempt organization
as defined in paragraph (e) of subdivision one of section five hundred
ninety of the banking law, or an entity exempt from licensing provisions
in accordance with paragraph (a) of subdivision two of SUCH section
[five hundred ninety of such law], which in any such case is approved as
a mortgage lender by the Federal National Mortgage Association or by the
Federal Home Loan Mortgage Corporation, OR DOMESTIC NOT-FOR-PROFIT
S. 2506--B 75
CORPORATIONS THAT ARE CERTIFIED BY THE UNITED STATES DEPARTMENT OF TREA-
SURY AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS OR LICENSED BY THE
NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES.
(5) "Mortgage". A loan owed to a bank secured by a first lien on a fee
simple or leasehold estate in real property located in the state and
improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE
SHALL BE CONSTRUCTED USING THE PROCEEDS OF SUCH LOAN, whether or not
insured or guaranteed by the United States of America or any agency
thereof. The term "mortgage" shall also include a loan owed to a bank
secured by a second lien on a fee simple or leasehold estate in real
property located in the state and improved by a residential structure OR
ON WHICH A RESIDENTIAL STRUCTURE SHALL BE CONSTRUCTED USING THE PROCEEDS
OF THE RELATED LOAN DESCRIBED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVI-
SION, whether or not insured or guaranteed by the United States of Amer-
ica or any agency thereof, provided, however, that such second lien: (a)
secures a loan purchased by the agency, and (b) is made at the same time
as a first lien securing a loan purchased by the agency pursuant to its
programs or by a government sponsored enterprise or is made at the same
time as a new housing loan purchased by the agency pursuant to section
twenty-four hundred five-c of this part. The term "mortgage" shall also
include loans made by the agency and secured by a second lien on a fee
simple or leasehold estate in real property located in the state and
improved by a residential structure OR ON WHICH A RESIDENTIAL STRUCTURE
SHALL BE CONSTRUCTED USING THE PROCEEDS OF SUCH LOAN, whether or not
insured or guaranteed by the United States of America or any agency
thereof, provided however, that the loan made by the agency and secured
by such second lien is made at the same time as a first lien securing a
mortgage loan purchased by the agency pursuant to its programs or by a
government sponsored enterprise. In the case of any second lien
purchased or made hereunder, the mortgagor shall be obligated to
contribute from his or her own verifiable funds an amount not less than
such percentage as the agency shall determine, of the lower of the
purchase price or appraised value of the property subject to the first
lien. "Real property" as used in this subdivision shall include air
rights.
For the purposes of this title and of [section one hundred ninety and
subsection (a) of section one thousand four hundred fifty-six] SUBDIVI-
SION TEN OF SECTION TWO HUNDRED TEN-B of the tax law, "mortgage" shall
include housing loans as defined below. Except for the purposes of
subdivision seven of section [two thousand four] TWENTY-FOUR hundred
five and subdivision eight of section two thousand four hundred five-b
of this part, "mortgage" shall also include a loan owed to a bank by an
individual borrower incurred for the purpose of financing the purchase
of certificates of stock or other evidence of ownership of an interest
in, and a proprietary lease from, a cooperative housing corporation
formed for the purpose of the cooperative ownership of residential real
estate in the state, secured by an assignment or transfer of the bene-
fits of such cooperative ownership, and containing such terms and condi-
tions as the agency may approve.
(12) "Forward commitment mortgage". A mortgage, WHICH INCLUDES NEW
CONSTRUCTION LOANS, for which a commitment to advance funds is made not
earlier than the date the agency issues an invitation to purchase mort-
gages or such later date as specified in the invitation. A mortgage made
in satisfaction of the obligation of a bank under section twenty-four
hundred five of this [title] PART is not a forward commitment mortgage.
S. 2506--B 76
§ 3. Subdivisions 7 and 14 of section 2404 of the public authorities
law, subdivision 7 as amended by chapter 782 of the laws of 1992, and
subdivision 14 as added by chapter 612 of the laws of 1970, are amended
to read as follows:
(7) To (a) acquire, and contract to acquire, existing mortgages owned
by banks and to enter into advance commitments to banks for the purchase
of said mortgages, all subject to the provisions of section [two thou-
sand four] TWENTY-FOUR hundred five of this [title] PART, (b) acquire,
and contract to acquire, forward commitment mortgages made by banks and
to enter into advance commitments to banks for the purchase of said
mortgages, all subject to the provisions of section [two thousand four]
TWENTY-FOUR hundred five-b of this [title] PART, (c) acquire, and
contract to acquire, new housing loans made by banks and to enter into
advance commitments to banks for the purchase of said housing loans, all
subject to the provisions of section [two thousand four] TWENTY-FOUR
hundred five-c of this [title] PART, [and] (d) to acquire and contract
to acquire mortgages pursuant to section twenty-four hundred five-d of
this title, AND (E) ACQUIRE, AND CONTRACT TO ACQUIRE, NEW CONSTRUCTION
MORTGAGE LOANS OWNED BY BANKS AND TO ENTER INTO ADVANCE COMMITMENTS TO
BANKS FOR THE PURCHASE OF SUCH MORTGAGES, ALL SUBJECT TO THE PROVISIONS
OF SECTION TWENTY-FOUR HUNDRED FIVE-B OF THIS PART;
(14) To renegotiate, refinance or foreclose, or contract for the fore-
closure of, any mortgage in default; to waive any default or consent to
the modification of the terms of any mortgage; to commence any action to
protect or enforce any right conferred upon it by any law, mortgage,
contract or other agreement, and to bid for and purchase such property
at any foreclosure or at any other sale, or acquire or take possession
of any such property; to operate, manage, lease, dispose of, and other-
wise deal with such property, in such manner as [may be necessary to
protect the interests of the agency and the holders of its bonds and
notes] WOULD FURTHER THE PURPOSES OF THE AGENCY, SUBJECT TO ANY AGREE-
MENT WITH ITS BONDHOLDERS OR NOTEHOLDERS;
§ 4. Subdivisions 3 and 5 and paragraphs (a), (f), and (h) of subdivi-
sion 8 of section 2405-b of the public authorities law, subdivisions 3
and 5 and paragraphs (a) and (h) of subdivision 8 as added by chapter
915 of the laws of 1982, paragraph (h) of subdivision 8 as further
amended by section 104 of part A of chapter 62 of the laws of 2011 and
paragraph (f) of subdivision 8 as amended by chapter 432 of the laws of
2009, are amended to read as follows:
(3) In conducting its program of purchasing forward commitment mort-
gages, the agency shall be governed by the provisions of paragraph (b)
of subdivision three of section twenty-four hundred five of this [title]
PART; HOWEVER, WITH RESPECT TO NEW CONSTRUCTION LOANS, THE AGENCY SHALL
BE GOVERNED BY THE PROVISIONS OF ONLY SUBPARAGRAPH (III) OF PARAGRAPH
(B) OF SUBDIVISION THREE OF SECTION TWENTY-FOUR HUNDRED FIVE OF THIS
PART.
(5) Notwithstanding the maximum interest rate, if any, fixed by
section 5-501 of the general obligations law or any other law not
specifically amending or applicable to this section, the agency may set
the interest rate to be borne by forward commitment mortgages purchased
by the agency from banks at a rate or rates which the agency from time
to time shall determine [to], PROVIDED HOWEVER, THAT IF SUCH MORTGAGES
ARE FINANCED THROUGH THE ISSUANCE OF THE AGENCY'S BONDS OR NOTES, THE
INTEREST RATE SHALL be at least sufficient, together with any other
available monies, to provide for the payment of its bonds and notes, and
forward commitment mortgages bearing such interest rate shall not be
S. 2506--B 77
deemed to violate any such law or to be unenforceable if originated by a
bank in good faith pursuant to an undertaking with the agency with
respect to the sale thereof notwithstanding any subsequent failure of
the agency to purchase the mortgage or any subsequent sale or disposi-
tion of the mortgage by the agency to such bank or any other person.
(a) OTHER THAN WITH RESPECT TO NEW CONSTRUCTION LOANS, the mortgage
was not made in satisfaction of an obligation of the bank under section
twenty-four hundred five of this [title] PART;
(f) the mortgage constitutes a valid first lien, or second lien WITH
RESPECT TO MORTGAGES OTHER THAN NEW CONSTRUCTION LOANS, on the real
property described to the agency in accordance with subdivision five of
section twenty-four hundred two of this part subject only to real prop-
erty taxes not yet due, installments of assessments not yet due, and
easements and restrictions of record which do not adversely affect, to a
material degree, the use or value of the real property or improvements
thereon;
(h) the improvements to, OR NEW CONSTRUCTION OF, the mortgaged real
property are covered by a valid and subsisting policy of insurance
issued by a company authorized by the superintendent of financial
services to issue such policies in the state of New York and providing
fire and extended coverage to an amount not less than eighty percent of
the insurable value of the improvements to, OR NEW CONSTRUCTION OF, the
mortgaged real property.
§ 5. This act shall take effect immediately; provided, however, that:
a. the amendments to subdivisions 2, 5 and 12 of section 2402 of the
public authorities law made by section two of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with;
b. the amendments to subdivision 7 of section 2404 of the public
authorities law made by section three of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith;
and
c. the amendments to section 2405-b of the public authorities law made
by section four of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART Y
Intentionally Omitted
PART Z
Section 1. This part enacts into law major components of legislation
which are related to making child care more affordable for low-income
families and easing administrative burdens for the child care workforce.
Each component is wholly contained within a Subpart identified as
Subparts A and B. The effective date for each particular provision
contained within such Subpart is set forth in the last section of such
Subpart. Any provision in any section contained within a Subpart,
including the effective date of the Subpart, which makes reference to a
section of "this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Subpart in which it is found. Section two contains a
severability clause for all provisions contained in each subpart of this
S. 2506--B 78
Part. Section three of this act sets forth the general effective date of
this Part.
SUBPART A
Section 1. Subdivision 8 of section 410-w of the social services law,
as added by chapter 144 of the laws of 2015, is amended to read as
follows:
8. Notwithstanding any other provision of law, rule or regulations to
the contrary, a social services district that implements a plan amend-
ment to the child care portion of its child and family services plan,
either as part of an annual plan update, or through a separate plan
amendment process, where such amendment reduces eligibility for, or
increases the family share percentage of, families receiving child care
services, or that implements the process for closing child care cases as
set forth in the district's approved child and family services plan, due
to the district determining that it cannot maintain its current caseload
because all of the available funds are projected to be needed for open
cases, shall provide all families whose eligibility for child care
assistance or family share percentage will be impacted by such action
with at least thirty days prior written notice of the action. PROVIDED,
HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS TITLE SHALL
NOT BE REQUIRED TO CONTRIBUTE MORE THAN TEN PERCENT OF THEIR INCOME
EXCEEDING THE STATE INCOME STANDARD.
§ 2. Subdivision 6 of section 410-x of the social services law, as
added by section 52 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
6. Pursuant to department regulations, child care assistance shall be
provided on a sliding fee basis based upon the family's ability to pay;
PROVIDED, HOWEVER, THAT A FAMILY RECEIVING ASSISTANCE PURSUANT TO THIS
TITLE SHALL NOT BE REQUIRED TO CONTRIBUTE MORE THAN TEN PERCENT OF THEIR
INCOME EXCEEDING THE STATE INCOME STANDARD.
§ 3. This act shall take effect immediately.
SUBPART B
Section 1. Paragraph (a) of subdivision 2 of section 390-a of the
social services law, as amended by chapter 416 of the laws of 2000, is
amended to read as follows:
(a) review and evaluate the backgrounds of and information supplied by
any person applying to be a child day care center or school-age child
care program employee or volunteer or group family day care assistant, a
provider of family day care or group family day care, or a director of a
child day care center, head start day care center or school-age child
care program. Such procedures shall include but not be limited to the
following requirements: that the applicant set forth his or her employ-
ment history[, provide personal and employment references]; submit such
information as is required for screening with the statewide central
register of child abuse and maltreatment in accordance with the
provisions of section four hundred twenty-four-a of this article; [sign
a sworn statement indicating whether, to the best of his or her know-
ledge, he or she has ever been convicted of a crime in this state or any
other jurisdiction;] and provide his or her fingerprints for submission
to the division of criminal justice services in accordance with the
provisions of section three hundred ninety-b of this title;
S. 2506--B 79
§ 2. The opening paragraph of paragraph (b) of subdivision 2 of
section 390-b of the social services law, as added by section 9 of part
H of chapter 56 of the laws of 2019, is amended to read as follows:
notwithstanding any other provision of law to the contrary, [prior to
October first, two thousand twenty,] all clearances listed in subdivi-
sion one of this section that have not previously been conducted pursu-
ant to paragraph (a) of this subdivision and for which on-going criminal
history results are not already provided, shall be conducted in accord-
ance with a schedule developed by the office of children and family
services, for all:
§ 3. Subparagraphs (i) and (iv) of paragraph (d) of subdivision 3-a of
section 390-b of the social services law, as added by section 9 of part
H of chapter 56 of the laws of 2019, are amended to read as follows:
(i) Where a clearance conducted pursuant to this section reveals that
an applicant to be the operator or director of a child day care program,
or applicant to be a caregiver, or anyone who is not related in any way
to all children for whom child care services will be provided, resides
in the home over the age of eighteen where child day care is proposed to
be provided to children in a home-based setting has been charged with a
crime, the office of children and family services shall hold the appli-
cation in abeyance until the charge is finally resolved; PROVIDED,
HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE THE
APPLICATION PRIOR TO RESOLUTION OF THE CHARGE IF A CONVICTION ON THE
CHARGE WOULD NOT RESULT IN THE INDIVIDUAL, PROGRAM, OR PROVIDER BEING
DEEMED INELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
(iv) Where a clearance conducted pursuant to this section reveals that
an applicant to be an employee or volunteer with the potential for unsu-
pervised contact with children of a child day care program or enrolled
legally-exempt provider has been charged with a crime, the office shall
hold the application in abeyance until the charge is finally resolved;
PROVIDED, HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY
APPROVE THE APPLICATION PRIOR TO RESOLUTION OF THE CHARGE IF A
CONVICTION ON THE CHARGE WOULD NOT RESULT IN THE EMPLOYEE OR VOLUNTEER
BEING DEEMED INELIGIBLE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
§ 4. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 1
of section 424-a of the social services law, as amended by section 14 of
part H of chapter 56 of the laws of 2019, are amended to read as
follows:
(ii) A licensing agency shall inquire of the office whether an appli-
cant for a certificate, license or permit to operate a child care
program including a family day care home, group family day care home,
child care center, school age child care program, or enrolled legally
exempt provider or an employee, volunteer or applicant to be an employee
or volunteer in such program who has potential for regular and substan-
tial contact with children in the program, is the confirmed subject of
an indicated child abuse report maintained by the statewide central
register of child abuse and maltreatment; PROVIDED, HOWEVER, THAT A
LICENSING AGENCY MAY, BUT IS NOT REQUIRED TO, SUBMIT AN INQUIRY PURSUANT
TO THIS SUBPARAGRAPH IF SUCH INDIVIDUAL HAS BEEN THE SUBJECT OF AN
INQUIRY PURSUANT TO THIS SUBPARAGRAPH WITHIN THE LAST FIVE YEARS AND HAS
MAINTAINED A ROLE IN ONE OR MORE CHILD CARE PROGRAMS DURING SUCH FIVE-
YEAR PERIOD WITHOUT A BREAK IN TIME WHERE SUCH INDIVIDUAL CEASED TO PLAY
A ROLE IN ANY CHILD CARE PROGRAM OF NOT MORE THAN ONE HUNDRED EIGHTY
CONSECUTIVE DAYS. The office shall promulgate regulations related to the
process by which providers and applicants will be informed whether the
S. 2506--B 80
applicant is authorized or unauthorized to care for children based on
the outcome of such inquiry.
(iii) A licensing agency shall inquire of the office whether any
person age eighteen or older who is not related in any way to all chil-
dren for whom care is provided that resides on the premises of where
child care is provided in a setting that is not the child's own home by
an enrolled legally-exempt provider as such term is defined in subdivi-
sion one-a of section three hundred ninety-b of this [chapter] ARTICLE
is the confirmed subject of an indicated child abuse report maintained
by the statewide central register of child abuse and maltreatment;
PROVIDED, HOWEVER, THAT A LICENSING AGENCY MAY, BUT IS NOT REQUIRED TO
SUBMIT AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH IF SUCH INDIVIDUAL HAS
BEEN THE SUBJECT OF AN INQUIRY PURSUANT TO THIS SUBPARAGRAPH WITHIN THE
LAST FIVE YEARS AND HAS MAINTAINED A ROLE IN ONE OR MORE CHILD CARE
PROGRAMS DURING SUCH FIVE-YEAR PERIOD WITHOUT A BREAK IN TIME WHERE SUCH
INDIVIDUAL CEASED TO PLAY A ROLE IN ANY CHILD CARE PROGRAM OF NOT MORE
THAN ONE HUNDRED EIGHTY CONSECUTIVE DAYS. The office shall promulgate
regulations related to the process by which providers and applicants
will be informed whether the applicant is authorized or unauthorized to
care for children based on the outcome of such inquiry.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the office of children and
family services is 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.
§ 2. Severability. If any clause, sentence, paragraph, subdivision,
section or part contained in any subpart 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
by confined in its operation to the clause, sentence, paragraph, subdi-
vision, section or part contained in any subpart thereof directly
involved in the controversy in which such judgment shall have been
rendered. It is hereby declared to be the intent of the legislature that
this act would have been enacted even if such invalid provisions had not
been included herein.
§ 3. This act shall take effect immediately, provided, however, that
the applicable effective date of Subparts A and B of this act shall be
as specifically set forth in the last section of such Subparts.
PART AA
Section 1. Legislative findings and intent. The legislature finds that
the transition to the green economy and creating good paying jobs are
not mutually exclusive priorities for New York State. In order to make
this transition and achieve the ambitious goals set forth in the Climate
Leadership and Community Protection Act, a clear focus on prioritizing
renewable energy sources is necessary. However, the workers who will
build the infrastructure of the green economy must not be left behind.
Setting clear standards for job quality will ensure the creation of good
jobs, protect workers in the ongoing transition of our energy sector,
and result in positive economic impacts. In addition to workers engaged
directly in the renewable energy sector, New Yorkers have experienced
widespread unemployment as a result of the pandemic. According to the
New York State Department of Labor, as of January 2021 New York has paid
over $61 billion in unemployment benefits to 4 million workers. New
manufacturing and supply chain jobs are a necessary element of any
S. 2506--B 81
pandemic recovery. Due to such findings, the legislature hereby
declares that the mandate of prevailing wage or project labor agreements
for construction work performed in connection with the installation of
renewable energy systems and its Buy American preference provided in
this bill will ensure that workers are central to New York State's tran-
sition to the green economy and its pandemic recovery plan.
§ 2. The labor law is amended by adding a new section 224-d to read as
follows:
§ 224-D. WAGE REQUIREMENTS FOR CERTAIN RENEWABLE ENERGY SYSTEMS. 1.
FOR PURPOSES OF THIS SECTION, A "COVERED RENEWABLE ENERGY SYSTEM" MEANS
A RENEWABLE ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN SECTION
SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, WITH A CAPACITY OF AT LEAST FIVE
MEGAWATTS ALTERNATING CURRENT AND WHICH INVOLVES THE PROCUREMENT OF
RENEWABLE ENERGY CREDITS BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON
BEHALF AND FOR THE BENEFIT OF A PUBLIC ENTITY.
2. NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-FOUR-A
OF THIS ARTICLE, A COVERED RENEWABLE ENERGY SYSTEM SHALL BE SUBJECT TO
PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO HUNDRED
TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE. PROVIDED THAT A RENEWA-
BLE ENERGY SYSTEM DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE
LAW WHICH IS NOT CONSIDERED TO BE COVERED BY THIS SECTION, MAY STILL
OTHERWISE BE CONSIDERED A "COVERED PROJECT" PURSUANT TO SECTION TWO
HUNDRED TWENTY-FOUR-A OF THIS ARTICLE IF IT MEETS SUCH DEFINITION.
3. FOR PURPOSES OF THIS SECTION, A COVERED RENEWABLE ENERGY SYSTEM
SHALL EXCLUDE CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE
BARGAINING AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND A BONA FIDE
BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION WHICH HAS ESTABLISHED
ITSELF, AND/OR ITS AFFILIATES, AS THE COLLECTIVE BARGAINING REPRESEN-
TATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON SUCH A PROJECT, AND
WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-
NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM WORK ON
SUCH A PROJECT, OR CONSTRUCTION WORK PERFORMED UNDER A LABOR PEACE
AGREEMENT, PROJECT LABOR AGREEMENT, OR ANY OTHER CONSTRUCTION WORK
PERFORMED UNDER AN ENFORCEABLE AGREEMENT BETWEEN AN OWNER OR CONTRACTOR
AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION.
4. FOR PURPOSES OF THIS SECTION, THE "FISCAL OFFICER" SHALL BE DEEMED
TO BE THE COMMISSIONER. THE ENFORCEMENT OF ANY COVERED RENEWABLE ENERGY
SYSTEM PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE REQUIREMENTS OF
SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A, TWO HUNDRED TWENTY-B,
TWO HUNDRED TWENTY-THREE, TWO HUNDRED TWENTY-FOUR-B, AND TWO HUNDRED
TWENTY-SEVEN OF THIS CHAPTER AND WITHIN THE JURISDICTION OF THE FISCAL
OFFICER; PROVIDED, HOWEVER, NOTHING CONTAINED IN THIS SECTION SHALL BE
DEEMED TO CONSTRUE ANY COVERED RENEWABLE ENERGY SYSTEM AS OTHERWISE
BEING CONSIDERED PUBLIC WORK PURSUANT TO THIS ARTICLE.
5. THE FISCAL OFFICER MAY ISSUE RULES AND REGULATIONS GOVERNING THE
PROVISIONS OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS
FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO HUNDRED TWENTY-B
OF THIS ARTICLE.
§ 2-a. The public service law is amended by adding a new section 66-r
to read as follows:
§ 66-R. REQUIREMENTS FOR CERTAIN RENEWABLE ENERGY SYSTEMS. 1. FOR THE
PURPOSES OF THIS SECTION, A "COVERED RENEWABLE ENERGY SYSTEM" MEANS
A RENEWABLE ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN SECTION
SIXTY-SIX-P OF THIS ARTICLE, WITH A CAPACITY OF AT LEAST FIVE MEGAWATTS
ALTERNATING CURRENT AND WHICH INVOLVES THE PROCUREMENT OF RENEWABLE
S. 2506--B 82
ENERGY CREDITS BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF AND
FOR THE BENEFIT OF A PUBLIC ENTITY.
2. FOR PURPOSES OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE, BUT
SHALL NOT BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT CORPORATION AS
DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHTEEN HUNDRED ONE OF THE
PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN OF THE
NOT-FOR-PROFIT CORPORATION LAW, A MUNICIPAL CORPORATION AS DEFINED IN
SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, AN
INDUSTRIAL DEVELOPMENT AGENCY FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF
THE GENERAL MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT AUTHORITIES FORMED
PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE,
LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION
TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED
BY ANY SUCH ENTITIES.
3. THE COMMISSION SHALL ENSURE THAT THE OWNER OF THE COVERED RENEWABLE
ENERGY SYSTEM, OR A THIRD PARTY ACTING ON THE OWNER'S BEHALF, AS A
CONDITION OF ANY RENEWABLE ENERGY CREDITS AGREEMENT WITH A PUBLIC ENTI-
TY, SHALL STIPULATE TO THE FISCAL OFFICER THAT IT WILL ENTER INTO A
LABOR PEACE AGREEMENT WITH AT LEAST ONE BONA FIDE LABOR ORGANIZATION
THAT IS ACTIVELY ENGAGED IN REPRESENTING OR ATTEMPTING TO REPRESENT
EMPLOYEES WHO WILL PROVIDE NECESSARY OPERATIONS AND MAINTENANCE SERVICES
FOR THE RENEWABLE ENERGY SYSTEM, PROVIDED HOWEVER THAT NECESSARY OPER-
ATIONS AND MAINTENANCE SERVICES SHALL NOT INCLUDE SEASONAL AND TEMPORARY
EMPLOYMENT PERFORMED IN A MANNER NOT OTHERWISE NECESSARY FOR THE ACTUAL
MAINTENANCE OF SUCH SYSTEM. THE MAINTENANCE OF SUCH A LABOR PEACE AGREE-
MENT SHALL BE AN ONGOING MATERIAL CONDITION OF ANY CONTINUATION OF
PAYMENTS UNDER A RENEWABLE ENERGY CREDITS AGREEMENT. FOR PURPOSES OF
THIS SECTION "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTI-
TY AND LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S
PROPRIETARY INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS
FROM ENGAGING IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER
ECONOMIC INTERFERENCE WITH THE RELEVANT RENEWABLE ENERGY SYSTEM. "RENEW-
ABLE ENERGY CREDITS AGREEMENT" SHALL MEAN ANY PUBLIC ENTITY CONTRACT
THAT PROVIDES PRODUCTION-BASED PAYMENTS TO A RENEWABLE ENERGY PROJECT AS
DEFINED IN THIS SECTION.
4.(A) ANY PUBLIC ENTITY, IN EACH CONTRACT FOR CONSTRUCTION, RECON-
STRUCTION, ALTERATION, REPAIR, IMPROVEMENT OR MAINTENANCE OF A COVERED
RENEWABLE ENERGY SYSTEM WHICH INVOLVES THE PROCUREMENT OF A RENEWABLE
ENERGY CREDITS AGREEMENT BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON
BEHALF AND FOR THE BENEFIT OF A PUBLIC ENTITY, THE "PUBLIC WORK" FOR THE
PURPOSES OF THIS SUBDIVISION, SHALL ENSURE THAT SUCH CONTRACT SHALL
CONTAIN A PROVISION THAT THE IRON AND STRUCTURAL STEEL USED OR SUPPLIED
IN THE PERFORMANCE OF THE CONTRACT, OR THAT IS PERMANENTLY INCORPORATED
INTO THE PUBLIC WORK, SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL
PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS. IN THE
CASE OF A STRUCTURAL IRON OR STRUCTURAL STEEL PRODUCT ALL MANUFAC-
TURING MUST TAKE PLACE IN THE UNITED STATES, FROM THE INITIAL MELT-
ING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METALLURGICAL
PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES. FOR THE PURPOSES
OF THIS SUBDIVISION, "PERMANENTLY INCORPORATED" SHALL MEAN AN IRON OR
STEEL PRODUCT THAT IS REQUIRED TO REMAIN IN PLACE AT THE END OF THE
PROJECT CONTRACT, IN A FIXED LOCATION, AFFIXED TO THE PUBLIC WORK TO
WHICH IT WAS INCORPORATED. IRON AND STEEL PRODUCTS THAT ARE CAPABLE
OF BEING MOVED FROM ONE LOCATION TO ANOTHER ARE NOT PERMANENTLY INCOR-
PORATED INTO A PUBLIC WORK.
S. 2506--B 83
(B) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT
APPLY IF THE HEAD OF THE DEPARTMENT OR AGENCY CONSTRUCTING THE PUBLIC
WORKS, IN HIS OR HER SOLE DISCRETION, DETERMINES THAT THE PROVISIONS
WOULD NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN UNREASONABLE COSTS,
OR THAT OBTAINING SUCH STEEL OR IRON IN THE UNITED STATES WOULD INCREASE
THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT, OR SUCH IRON OR
STEEL, INCLUDING WITHOUT LIMITATION STRUCTURAL IRON AND STRUCTURAL STEEL
CANNOT BE PRODUCED OR MADE IN THE UNITED STATES IN SUFFICIENT AND
REASONABLY AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY. THE HEAD OF
THE DEPARTMENT OR AGENCY CONSTRUCTING THE PUBLIC WORKS SHALL INCLUDE
THIS DETERMINATION IN AN ADVERTISEMENT OR SOLICITATION OF A REQUEST FOR
PROPOSAL, INVITATION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER
METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM
OFFERORS INTENDING TO RESULT IN A CONTRACT PURSUANT TO THIS SUBDIVISION.
(C) IF THE PUBLIC ENTITY FINDS IT FEASIBLE AND IN THE BEST INTERESTS
OF THE PEOPLE OF THE STATE IN ENSURING RELIABLE OPERATIONS AND SUPPLY
CHAIN EFFICIENCY AND CONSISTENT WITH ALL APPLICABLE LAWS TO WHICH THE
STATE IS BOUND, IT MAY REQUIRE THE OWNER OF THE RENEWABLE ENERGY SYSTEM
TO USE CERTAIN COMPONENTS AND PARTS MANUFACTURED IN THE STATE.
5. WHENEVER CHANGES ARE PROPOSED TO ANY PUBLIC PROCUREMENT PROCESS
INVOLVING THE PROGRAM DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, THE
COMMISSION SHALL MAKE SIMULTANEOUS RECOMMENDATIONS TO THE TEMPORARY
PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, REGARDING NECESSARY
CHANGES TO THIS SECTION, IF ANY, IN MEETING THE GOALS OUTLINED IN THE
LEGISLATIVE FINDINGS AND INTENT OF THE CHAPTER BY WHICH THIS SECTION WAS
ENACTED.
§ 2-b. Section 66-p of the public service law, as added by chapter 705
of the laws of 2019, is renumbered section 66-q.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, or section 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, 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.
§ 4. This act shall take effect on January 1, 2022 and shall apply to
covered renewable energy projects that begin on or after that date.
PART BB
Intentionally Omitted
PART CC
Section 1. Subdivisions 3 and 4 of section 581-a of the labor law, as
amended by chapter 21 of the laws of 2021, are amended to read as
follows:
3. Notwithstanding the provisions of section five hundred eighty-one
of this title to the contrary, AND FOR THE PURPOSE OF RESPONDING TO THE
COVID-19 PANDEMIC, any employer whose employees receive payments under
this article [and whose claims for unemployment insurance arise due to
the closure of the employer or a reduction in the workforce of the
employer for reasons related to the COVID-19 pandemic, or due to a
S. 2506--B 84
mandatory order of a government entity duly authorized to issue such
order to close such employer due to the COVID-19 pandemic,] FOR UNEM-
PLOYMENT CLAIMS MADE on or after March [twelfth] NINTH, two thousand
twenty shall not have included in their experience rating charges the
amounts so paid to the employees from the fund. SUCH CHARGES, IF NOT
REIMBURSED, IN WHOLE OR IN PART BY THE FEDERAL GOVERNMENT, SHALL BE MADE
TO THE GENERAL ACCOUNT FOR THE FUND CREATED BY SECTION FIVE HUNDRED
FIFTY OF THIS ARTICLE.
4. The provisions of this section shall apply to an employer liable
for CONTRIBUTIONS OR payments in lieu of contributions, but if the
secretary of labor of the United States finds that their application to
such employer does not meet the requirements of the Federal Unemployment
Tax Act, such provisions shall be inoperative with respect to such
employer, unless and until such finding has been set aside pursuant to a
final decision issued in accordance with such judicial review
proceedings as may be instituted and completed under the provisions of
section thirty-three hundred ten of the Federal Unemployment Tax Act.
§ 2. Section 2 of chapter 21 of the laws of 2021, amending the labor
law relating to prohibiting the inclusion of claims for unemployment
insurance arising from the closure of an employer due to COVID-19 from
being included in such employer's experience rating charges, is amended
to read as follows:
§ 2. This act shall take effect immediately and shall expire AND BE
DEEMED REPEALED ON December 31, 2021, [when upon such date the
provisions of this act shall be deemed repealed] OR UPON THE EXPIRATION
OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER 202 OF 2020,
WHICHEVER IS LATER; PROVIDED THAT THE COMMISSIONER OF LABOR SHALL NOTI-
FY THE LEGISLATIVE BILL DRAFTING COMMISSION UPON THE OCCURRENCE OF THE
EXPIRATION OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER 202 OF
2020 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.
§ 3. This act shall take effect immediately.
PART DD
Section 1. Short title. This act shall be known and may be cited as
the "COVID-19 emergency rental assistance program of 2021".
§ 2. The public housing law is amended by adding a new article 14 to
read as follows:
ARTICLE XIV
COVID-19 EMERGENCY RENTAL ASSISTANCE PROGRAM
SECTION 600. LEGISLATIVE FINDINGS.
601. DEFINITIONS.
602. AUTHORITY TO IMPLEMENT EMERGENCY RENTAL AND UTILITY ASSIST-
ANCE.
603. ALLOCATION AMONG THE CITY OF NEW YORK AND THE RESPECTIVE
COUNTIES OF THE STATE.
604. ELIGIBILITY.
605. APPLICATION.
606. DOCUMENTATION.
607. RESTRICTIONS ON EVICTION.
608. PAYMENTS.
609. NO REPAYMENT AND ASSISTANCE NOT CONSIDERED INCOME.
610. NOTICE TO TENANTS IN EVICTION PROCEEDINGS.
S. 2506--B 85
611. NOTICE TO TENANTS RECEIVING RENT DEMANDS.
612. NOTICE TO APPLICANTS FOR ASSISTANCE UNDER THE EMERGENCY
RENT RELIEF ACT OF 2020.
613. OUTREACH.
614. FAIR HOUSING OBLIGATIONS.
615. REPORTS BY THE COMMISSIONER.
§ 600. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS IN THE
PUBLIC INTEREST TO ENSURE THAT NEW YORKERS ARE NOT RENDERED HOMELESS OR
SEVERELY FINANCIALLY BURDENED BECAUSE OF AN INABILITY TO PAY THE COST OF
HOUSING AND OTHER NECESSITIES DUE TO LOSS OF INCOME, INCREASED NECESSARY
OUT-OF-POCKET EXPENSES, OR DIFFICULTY IN SECURING ALTERNATIVE HOUSING
RELATED TO THE WIDESPREAD OUTBREAK OF THE CORONAVIRUS COMMONLY KNOWN AS
COVID-19. THE LEGISLATURE FURTHER FINDS THAT PROVIDING FUNDING FOR
HOUSEHOLDS TO PAY RENT AND UTILITY COSTS THAT THEY WOULD OTHERWISE HAVE
DIFFICULTY PAYING WILL PROMOTE THE STABILITY AND PROPER MAINTENANCE OF
THE RENTAL HOUSING STOCK AND ASSIST COMMUNITIES IN RECOVERING FROM THE
ADVERSE SOCIAL AND ECONOMIC EFFECTS OF THE COVID-19 OUTBREAK.
§ 601. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "COMMISSIONER" SHALL MEAN THE STATE COMMISSIONER OF SOCIAL SERVICES
AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW.
2. "E-PAYMENT APPLICATION TRANSACTION" SHALL MEAN A FINANCIAL TRANS-
ACTION CONDUCTED ON AN ONLINE PAYMENT APPLICATION. SUCH APPLICATIONS
INCLUDE BUT ARE NOT LIMITED TO: ZELLE, CASH APP, PAYPAL, VENMO, XOOM,
CIRCLE PAY, GOOGLE PAY, FACEBOOK MESSENGER, APPLE PAY, WECHAT PAY,
ALIPAY, AND KAKAOPAY.
3. "FAIR MARKET RENT" SHALL MEAN THE FAIR MARKET RENT FOR EACH RENTAL
AREA AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT'S OFFICE OF POLICY DEVELOPMENT AND RESEARCH PURSU-
ANT TO 42 USC 1437F.
4. "FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM" SHALL MEAN THE EMER-
GENCY RENTAL ASSISTANCE FUNDING ISSUED PURSUANT TO SECTION 501 OF THE
CONSOLIDATED APPROPRIATIONS ACT OF 2021, PUB L. NO. 116-260 §501, 888-97
(2021).
5. "INCOME" SHALL MEAN INCOME FROM ALL SOURCES OF EACH MEMBER OF THE
HOUSEHOLD, INCLUDING ALL WAGES, TIPS, OVERTIME, SALARY, RECURRING GIFTS,
RETURNS ON INVESTMENTS, WELFARE ASSISTANCE, SOCIAL SECURITY PAYMENTS,
CHILD SUPPORT PAYMENTS, UNEMPLOYMENT BENEFITS, ANY BENEFIT, PAYMENT OR
CASH GRANT WHOSE PURPOSE IS TO ASSIST WITH RENTAL PAYMENTS, ANY PAYMENTS
WHOSE PURPOSE IS TO REPLACE LOST INCOME, AND ANY OTHER GOVERNMENT BENE-
FIT OR CASH GRANT. THE TERM "INCOME" SHALL NOT INCLUDE: EMPLOYMENT
INCOME FROM CHILDREN UNDER EIGHTEEN YEARS OF AGE, EMPLOYMENT INCOME FROM
INDIVIDUALS EIGHTEEN YEARS OF AGE OR OLDER WHO ARE FULL-TIME STUDENTS
AND ARE ELIGIBLE TO BE CLAIMED AS DEPENDENTS PURSUANT TO INTERNAL REVEN-
UE SERVICE REGULATIONS, FOSTER CARE PAYMENTS, SPORADIC GIFTS, GROCERIES
PROVIDED BY PERSONS NOT LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM BENEFITS, OR THE EARNED INCOME TAX CREDIT.
6. "MANUFACTURED HOME TENANT" SHALL HAVE THE SAME MEANING AS DEFINED
BY SECTION TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.
7. "OCCUPANT" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION TWO
HUNDRED THIRTY-FIVE-F OF THE REAL PROPERTY LAW.
8. "RENT" SHALL MEAN RENT AS DEFINED BY SECTION SEVEN HUNDRED TWO OF
THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AND SUBJECT TO PROCEEDINGS
UNDER ARTICLE SEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW,
INCLUDING STATUTORY RENTS AND MAINTENANCE FEES PAID PURSUANT TO A
PROPRIETARY LEASE ON A CO-OPERATIVE DWELLING UNIT.
S. 2506--B 86
9. "RENTAL ARREARS" SHALL MEAN UNPAID RENT OWED TO THE LANDLORD THAT
ACCRUED ON OR AFTER MARCH THIRTEENTH, TWO THOUSAND TWENTY, THE DATE OF
THE EMERGENCY DECLARATION PURSUANT TO SECTION 501(B) OF THE ROBERT T.
STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT, 42 U.S.C.
5191(B).
10. "SMALL AREA FAIR MARKET RENT" SHALL MEAN THE FAIR MARKET RENT FOR
EACH ZIP CODE WITHIN A LARGE METROPOLITAN AREA AS PROMULGATED ANNUALLY
BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S
OFFICE OF POLICY DEVELOPMENT AND RESEARCH.
11. "UTILITY ARREARS" SHALL MEAN UNPAID PAYMENTS TO PROVIDERS OF UTIL-
ITY SERVICES ACCRUED ON OR AFTER MARCH THIRTEENTH, TWO THOUSAND TWENTY,
THE DATE OF THE EMERGENCY DECLARATION PURSUANT TO SECTION 501(B) OF THE
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT, 42
U.S.C. 5191(B), FOR SEPARATELY-STATED ELECTRICITY, GAS, WATER, SEWER,
TRASH REMOVAL AND ENERGY COSTS, SUCH AS FUEL OIL.
§ 602. AUTHORITY TO IMPLEMENT EMERGENCY RENTAL AND UTILITY ASSISTANCE.
1. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO IMPLEMENT, AS
SOON AS PRACTICABLE, A PROGRAM OF RENTAL AND UTILITY ASSISTANCE FOR
THOSE ELIGIBLE PURSUANT TO SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
2. SUCH PROGRAM SHALL BE FUNDED WITH: (A) ALL FUNDS RECEIVED BY THE
STATE FROM THE FEDERAL EMERGENCY ASSISTANCE PROGRAM; (B) ANY FUNDS
REMAINING THAT WERE ALLOCATED FROM THE FEDERAL CORONAVIRUS AID, RELIEF,
AND ECONOMIC SECURITY (CARES) ACT OF 2020 (P.L. 116-136) FOR THE EMER-
GENCY RENT RELIEF ACT OF 2020, PURSUANT TO CHAPTER ONE HUNDRED TWENTY-
FIVE OF THE LAWS OF TWO THOUSAND TWENTY, SUCH THAT THE SUM OF SUCH FUNDS
ACTUALLY EXPENDED PURSUANT TO SUCH CHAPTER AND THAT SUCH FUNDS REALLO-
CATED AND EXPENDED PURSUANT TO THIS ARTICLE SHALL EQUAL ONE HUNDRED
MILLION DOLLARS; (C) ANY ADDITIONAL FUNDS RECEIVED FROM THE FEDERAL
GOVERNMENT BY THE STATE OF NEW YORK FOR ASSISTANCE WITH RENT OR UTILI-
TIES RELATED TO THE COVID-19 PANDEMIC, INCLUDING ANY FUNDS FOR SUCH
PURPOSES RECEIVED BY THE STATE PURSUANT TO THE FEDERAL AMERICAN RESCUE
PLAN ACT; AND (D) ANY STATE FUNDS APPROPRIATED FOR SUCH PROGRAM.
3. THE COMMISSIONER SHALL WORK WITH LOCALITIES THROUGHOUT THE STATE
THAT HAVE RECEIVED FUNDS DIRECTLY FROM THE FEDERAL EMERGENCY RENTAL
ASSISTANCE PROGRAM SO THAT ONE CENTRAL POINT OF APPLICATION SHALL BE
MADE AVAILABLE FOR ANY AND ALL FEDERAL EMERGENCY RENTAL ASSISTANCE
PROGRAM FUNDS AND ANY SUCH ADDITIONAL FUNDS IN THE STATE OF NEW YORK.
4. THE COMMISSIONER SHALL ADOPT, ON AN EMERGENCY BASIS PURSUANT TO
SUBDIVISION SIX OF SECTION TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE
PROCEDURE ACT, ANY RULES NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
ARTICLE.
5. THE COMMISSIONER MAY DELEGATE THE ADMINISTRATION OF ANY PORTIONS OF
THIS PROGRAM TO ANY STATE AGENCY, CITY, COUNTY, TOWN, PUBLIC HOUSING
AUTHORITY, OR NON-PROFIT ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS
OF THIS ARTICLE.
§ 603. ALLOCATION AMONG THE CITY OF NEW YORK AND THE RESPECTIVE COUN-
TIES OF THE STATE. THE COMMISSIONER AND EACH LOCALITY IN RECEIPT OF
FUNDS FROM THE FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM SHALL WORK
JOINTLY TO ENSURE THAT, IN TOTAL, THE ALLOCATION OF FUNDS FROM THIS
PROGRAM FOR HOUSEHOLDS WITHIN THE CITY OF NEW YORK OR WITHIN EACH COUNTY
OUTSIDE THE CITY OF NEW YORK, WHETHER GRANTED TO THE STATE OR DIRECTLY
TO SUCH LOCALITIES IS NO LESS THAN NINETY PERCENT OF THE PROPORTIONAL
SHARE OF ALL RENTER HOUSEHOLDS IN THE STATE THAT RESIDE IN SUCH CITY OR
COUNTY, AS PROMULGATED BY THE AMERICAN COMMUNITY SURVEY (ACS) FROM THE
UNITED STATES CENSUS BUREAU, AND NO MORE THAN ONE HUNDRED TEN PERCENT OF
SUCH PROPORTIONAL SHARE.
S. 2506--B 87
§ 604. ELIGIBILITY. THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR
DETERMINING ELIGIBILITY FOR THIS PROGRAM.
1. ALL HOUSEHOLDS, REGARDLESS OF IMMIGRATION STATUS, SHALL BE ELIGIBLE
FOR RENTAL ASSISTANCE, UTILITY ASSISTANCE, OR BOTH IF THE HOUSEHOLD:
(A) IS A TENANT OR OCCUPANT IN THEIR PRIMARY RESIDENCE IN THE STATE OF
NEW YORK, INCLUDING BOTH TENANTS AND OCCUPANTS OF DWELLING UNITS AND
MANUFACTURED HOME TENANTS;
(B) INCLUDES AN INDIVIDUAL WHO QUALIFIES FOR UNEMPLOYMENT OR EXPERI-
ENCED A REDUCTION IN HOUSEHOLD INCOME, INCURRED SIGNIFICANT COSTS, OR
EXPERIENCED OTHER FINANCIAL HARDSHIP DUE, DIRECTLY OR INDIRECTLY, TO THE
COVID-19 OUTBREAK;
(C) DEMONSTRATE A RISK OF EXPERIENCING HOMELESSNESS OR HOUSING INSTA-
BILITY; AND
(D) HAS A HOUSEHOLD INCOME AT OR BELOW EIGHTY PERCENT OF THE AREA
MEDIAN INCOME, ADJUSTED FOR HOUSEHOLD SIZE.
2. HOUSEHOLDS WHO WOULD OTHERWISE BE ELIGIBLE FOR THIS PROGRAM PURSU-
ANT TO SUBDIVISION ONE OF THIS SECTION BUT FOR A HOUSEHOLD INCOME THAT
EXCEEDS EIGHTY PERCENT OF THE AREA MEDIAN INCOME ADJUSTED FOR HOUSEHOLD
SIZE SHALL BE ELIGIBLE PURSUANT TO THIS SUBDIVISION IF THEY HAVE A
HOUSEHOLD INCOME AT OR BELOW ONE HUNDRED TWENTY PERCENT OF THE AREA
MEDIAN INCOME ADJUSTED FOR HOUSEHOLD SIZE, PROVIDED THAT ASSISTANCE FOR
THOSE ELIGIBLE PURSUANT TO THIS SUBDIVISION SHALL BE PAID FOR ONLY WITH
STATE FUNDS ALLOCATED FOR THIS PURPOSE.
3. FOR THE PURPOSES OF THIS PROGRAM, INCOME MAY BE CONSIDERED:
(A) THE HOUSEHOLD'S TOTAL INCOME FOR CALENDAR YEAR TWO THOUSAND TWEN-
TY; OR
(B) THE HOUSEHOLD'S CURRENT MONTHLY INCOME AT THE TIME OF APPLICATION
FOR SUCH ASSISTANCE. IF A HOUSEHOLD IS APPLYING FOR ASSISTANCE USING
CURRENT MONTHLY INCOME, THE HOUSEHOLD SHALL ONLY BE ELIGIBLE FOR ASSIST-
ANCE FOR THE MONTHS DURING WHICH THEY MEET THE CRITERIA IN SUBDIVISION
ONE OF THIS SECTION.
4. IN ADDITION TO THE ELIGIBILITY CRITERIA IN SUBDIVISION ONE OF THIS
SECTION, THE COMMISSIONER MAY PROMULGATE LIMITS ON ASSETS AS PART OF ANY
DETERMINATION OF ELIGIBILITY FOR THIS PROGRAM. THE COMMISSIONER SHALL
EXCLUDE FROM ANY CALCULATION OF ASSETS MADE PURSUANT TO THIS SECTION
ASSETS HELD IN A TAX-DEFERRED OR COMPARABLE RETIREMENT SAVINGS ACCOUNT
OR ANY VEHICLE USED REGULARLY BY A MEMBER OF THE HOUSEHOLD.
5. THE COMMISSIONER SHALL ESTABLISH PREFERENCES IN PROCESSING APPLICA-
TIONS AND ALLOCATING FUNDS UNDER THIS PROGRAM. SUCH PREFERENCES SHALL AT
A MINIMUM PRIORITIZE EACH OF THE FOLLOWING:
(A) HOUSEHOLDS WHOSE INCOME DOES NOT EXCEED FIFTY PERCENT OF THE AREA
MEDIAN INCOME ADJUSTED FOR HOUSEHOLD SIZE; AND
(B) HOUSEHOLDS WITHIN WHICH ONE OR MORE INDIVIDUALS ARE UNEMPLOYED AS
OF THE DATE OF THE APPLICATION FOR ASSISTANCE AND HAVE NOT BEEN EMPLOYED
FOR THE NINETY DAYS PRECEDING SUCH DATE.
6. THE COMMISSIONER MAY ALSO GRANT PREFERENCES FOR HOUSEHOLDS WHO:
(A) ARE TENANTS OF MOBILE HOMES OR MOBILE HOME PARKS WHOSE ARREARS
HAVE ACCRUED FOR THE LAND ON WHICH THE MOBILE HOME IS LOCATED;
(B) INCLUDE ONE OR MORE INDIVIDUALS WHO ARE VICTIMS OF DOMESTIC
VIOLENCE;
(C) APPLY JOINTLY WITH THEIR LANDLORD; OR
(D) HAVE EVICTION CASES THAT ARE PENDING ON OR BEFORE FEBRUARY FIRST,
TWO THOUSAND TWENTY-ONE; PROVIDED THAT AMONG HOUSEHOLDS GRANTED A PREF-
ERENCE BECAUSE THEY APPLY JOINTLY WITH THEIR LANDLORD, THE COMMISSIONER
MAY GRANT AN ADDITIONAL PREFERENCE FOR HOUSEHOLDS WHOSE LANDLORD IS A
NON-PROFIT PROVIDER OF AFFORDABLE HOUSING; PROVIDED FURTHER THAT ANY
S. 2506--B 88
PREFERENCE GRANTED PURSUANT TO THIS SUBDIVISION SHALL NOT SUPERSEDE
EITHER OF THE PREFERENCES GRANTED PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION.
7. A HOUSEHOLD MAY APPLY FOR UTILITY ASSISTANCE, RENTAL ASSISTANCE, OR
BOTH.
8. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO DISQUALIFY APPLICA-
TIONS FROM TENANTS OF STATE-FUNDED PUBLIC HOUSING AGENCIES.
9. NO RENTAL ASSISTANCE PROVIDED PURSUANT TO THIS ARTICLE SHALL BE
DUPLICATIVE OF ASSISTANCE FOR RENT OR RENTAL ARREARS PREVIOUSLY RECEIVED
BY THE HOUSEHOLD.
10. ANY AMBIGUITY IN ELIGIBILITY CRITERIA PROMULGATED BY THE COMMIS-
SIONER SHALL BE RESOLVED IN FAVOR OF THE APPLICANT WHEN DETERMINING
ELIGIBILITY.
11. ANY INFORMATION COLLECTED ABOUT A HOUSEHOLD IN THE PROCESS OF
DETERMINING ELIGIBILITY SHALL SOLELY BE USED FOR THE PURPOSES OF DETER-
MINING ELIGIBILITY AND SHALL NOT BE SHARED WITH ANY OTHER GOVERNMENTAL
AGENCY.
12. AN INDIVIDUAL FULL-TIME COLLEGE STUDENT OR A HOUSEHOLD CONSISTING
EXCLUSIVELY OF FULL-TIME COLLEGE STUDENTS IS INELIGIBLE FOR THIS PROGRAM
UNLESS EACH INDIVIDUAL IN THE HOUSEHOLD SATISFIES THE FOLLOWING CONDI-
TIONS:
(A) THE INDIVIDUAL SHALL HAVE ESTABLISHED A HOUSEHOLD SEPARATE FROM
HIS OR HER PARENTS OR LEGAL GUARDIANS FOR AT LEAST ONE YEAR PRIOR TO
APPLICATION FOR ADMISSION OR SHALL MEET THE UNITED STATES DEPARTMENT OF
EDUCATION'S DEFINITION OF INDEPENDENT STUDENT; AND
(B) THE INDIVIDUAL SHALL NOT BE CLAIMED AS A DEPENDENT BY HIS OR HER
PARENTS OR LEGAL GUARDIANS PURSUANT TO INTERNAL REVENUE SERVICE (IRS)
REGULATIONS.
§ 605. APPLICATION. 1. AS SOON AS PRACTICABLE AND NO LATER THAN FOUR-
TEEN DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE COMMISSIONER
SHALL MAKE AN APPLICATION FOR THE PROGRAM AVAILABLE ON ITS WEBSITE. THE
APPLICATION SHALL BE AVAILABLE ONLINE IN ENGLISH, SPANISH, CHINESE,
RUSSIAN, YIDDISH, HAITIAN (FRENCH CREOLE), BENGALI, AND ITALIAN. THE
COMMISSIONER SHALL ENABLE APPLICATIONS TO BE ACCEPTED VIA TELEPHONE. THE
APPLICATION PERIOD SHALL REMAIN OPEN FOR A MINIMUM OF ONE HUNDRED EIGHTY
DAYS UNLESS ALL AVAILABLE FUNDING HAS BEEN ALLOCATED PRIOR TO THE EXPI-
RATION OF ONE HUNDRED EIGHTY DAYS.
2. THE COMMISSIONER SHALL DESIGNATE NON-FOR-PROFIT ORGANIZATIONS THAT
SHALL BE PERMITTED TO ASSIST HOUSEHOLDS IN APPLYING FOR ASSISTANCE AND
SUCH ORGANIZATIONS SHALL BE PERMITTED TO FILE APPLICATIONS ON BEHALF OF
SUCH HOUSEHOLDS.
3. THE COMMISSIONER SHALL PROVIDE FOR PROCEDURES UNDER WHICH A LAND-
LORD OR OWNER OF A RESIDENTIAL DWELLING SHALL BE PERMITTED TO SUBMIT AN
APPLICATION FOR ASSISTANCE ON BEHALF OF A TENANT OR OCCUPANT OF SUCH
DWELLING. SUCH LANDLORD OR OWNER SHALL BE REQUIRED TO:
(A) OBTAIN THE SIGNATURE OF THE TENANT ON SUCH APPLICATION, WHICH MAY
BE DOCUMENTED ELECTRONICALLY;
(B) PROVIDE THE TENANT WITH DOCUMENTATION OF SUCH APPLICATION;
(C) USE ANY PAYMENTS RECEIVED PURSUANT TO THIS ARTICLE SOLELY TO
SATISFY THE TENANT'S RENTAL OBLIGATIONS TO THE LANDLORD OR OWNER; AND
(D) KEEP CONFIDENTIAL ANY INFORMATION OR DOCUMENTATION FROM OR ABOUT
THE TENANT ACQUIRED PURSUANT TO THIS APPLICATION PROCESS.
4. UPON RECEIPT OF AN APPLICATION, THE COMMISSIONER SHALL MAKE AVAIL-
ABLE A TRACKING NUMBER BY WHICH BOTH THE APPLICANT HOUSEHOLD AND LAND-
LORD OF THE APPLICANT HOUSEHOLD MAY TRACK THE STATUS OF THE APPLICATION.
S. 2506--B 89
§ 606. DOCUMENTATION. THE COMMISSIONER SHALL ESTABLISH PROCEDURES THAT
ARE APPROPRIATE AND NECESSARY TO ASSURE THAT INFORMATION NECESSARY TO
DETERMINE ELIGIBILITY PROVIDED BY HOUSEHOLDS APPLYING FOR OR RECEIVING
ASSISTANCE UNDER THIS ARTICLE IS COMPLETE AND ACCURATE. DOCUMENTATION
MAY INCLUDE BUT IS NOT LIMITED TO: A SIGNED LEASE, RENT DEMAND NOTICE,
PAYCHECK STUBS, EARNING STATEMENTS, BANK STATEMENTS, TAX RECORDS, W-2 OR
1099 FORMS, E-PAYMENT APPLICATION TRANSACTION HISTORY, WRITTEN STATE-
MENTS FROM A FORMER OR CURRENT EMPLOYER, TELEPHONE OR IN-PERSON CONTACT
WITH A FORMER OR CURRENT EMPLOYER, SELF-ATTESTATION BY THE APPLICANT, OR
OTHER METHODS APPROVED BY THE COMMISSIONER. WHEN SELF-ATTESTATION IS
USED AS DOCUMENTATION, THE APPLICANT SHALL ALSO ATTEST THAT THE APPLI-
CANT HAS NO OTHER DOCUMENTATION AVAILABLE. WHEN SELF-ATTESTATION IS USED
TO CERTIFY RENT OWED, THE APPLICANT SHALL ALSO ATTEST THAT THE HOUSEHOLD
HAS NOT RECEIVED, AND DOES NOT ANTICIPATE RECEIVING, ANOTHER SOURCE OF
PUBLIC OR PRIVATE SUBSIDY OR ASSISTANCE FOR THE RENTAL COSTS THAT ARE
THE SUBJECT OF THE ATTESTATION, AND SUCH ASSISTANCE MAY ONLY BE PROVIDED
FOR THREE MONTHS AT A TIME. ALL PAYMENTS FOR UTILITIES AND HOME ENERGY
COSTS SHALL BE SUPPORTED BY A BILL, INVOICE, OR EVIDENCE OF PAYMENT TO
THE PROVIDER OF THE UTILITY OR HOME ENERGY SERVICE.
§ 607. RESTRICTIONS ON EVICTION. EVICTION PROCEEDINGS FOR NON-PAYMENT
OF RENT THAT WOULD BE ELIGIBLE FOR COVERAGE UNDER THIS PROGRAM SHALL NOT
BE COMMENCED AGAINST A HOUSEHOLD WHO HAS APPLIED FOR THIS PROGRAM UNLESS
OR UNTIL A DETERMINATION OF INELIGIBILITY IS MADE. IF EVICTION
PROCEEDINGS ARE COMMENCED AGAINST A HOUSEHOLD WHO SUBSEQUENTLY APPLIES
FOR BENEFITS UNDER THIS PROGRAM, ALL PROCEEDINGS FOR MISSED RENT
PAYMENTS DURING THE COVERED PERIOD SHALL BE STAYED UNTIL A DETERMINATION
OF INELIGIBILITY HAS BEEN MADE.
§ 608. PAYMENTS. 1. PAYMENTS SHALL BE MADE FOR RENTAL AND/OR UTILITY
ARREARS ACCRUED ON OR AFTER MARCH THIRTEENTH, TWO THOUSAND TWENTY. NO
MORE THAN TWELVE MONTHS OF RENTAL AND/OR UTILITY ASSISTANCE, BOTH
ARREARS OR PROSPECTIVE, MAY BE PAID ON BEHALF OF OR TO ANY HOUSEHOLD
WITHIN THE FIRST SIXTY DAYS AFTER THE START OF THE APPLICATION PERIOD.
NO PROSPECTIVE RENT MAY BE PAID UNLESS OR UNTIL ALL RENTAL ARREARS
PAYMENTS HAVE BEEN MADE TO OR ON BEHALF OF HOUSEHOLDS WHO ARE ELIGIBLE
FOR THIS PROGRAM PURSUANT TO SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
2. IF ALL ELIGIBLE HOUSEHOLDS WHOSE APPLICATIONS ARE RECEIVED WITHIN
SIXTY DAYS OF THE START OF THE APPLICATION PERIOD RECEIVE ASSISTANCE,
THE COMMISSIONER MAY PAY AN ADDITIONAL THREE MONTHS OF RENTAL AND/OR
UTILITY ASSISTANCE FOR RENTAL OR UTILITY ARREARS ACCRUED AFTER THE DATE
OF APPLICATION OR PROSPECTIVE RENT. NO HOUSEHOLD MAY RECEIVE MORE THAN
FIFTEEN MONTHS OF TOTAL RENTAL AND/OR UTILITY ASSISTANCE. ELIGIBILITY
FOR ASSISTANCE SHALL BE REASSESSED FOR EACH HOUSEHOLD BEFORE RENTAL
ASSISTANCE IS ISSUED PURSUANT TO THIS SUBDIVISION.
3. PAYMENTS FOR RENTAL ARREARS OR PROSPECTIVE RENT SHALL BE THE LESSER
OF THE MONTHLY RENT FOR THE APPLICANT OR ONE HUNDRED FIFTY PERCENT OF
THE FAIR MARKET RENT FOR THE DWELLING UNIT, EXCEPT WHEN RENTAL ASSIST-
ANCE AMOUNTS ARE DOCUMENTED VIA SELF-ATTESTATION, IN WHICH CASE THE
MAXIMUM PAYMENT ALLOWABLE SHALL BE THE GREATER OF ONE HUNDRED PERCENT OF
FAIR MARKET RENT OR ONE HUNDRED PERCENT OF THE SMALL AREA FAIR MARKET
RENT, THOUGH NO PAYMENT CERTIFIED BY SELF-ATTESTATION SHALL BE GREATER
THAN THE MONTHLY RENT. THE RENTAL ASSISTANCE SHALL BE PAID DIRECTLY TO
THE LANDLORD OF THE DWELLING UNIT OR MANUFACTURED HOME PARK OCCUPIED BY
THE HOUSEHOLD FOR THE TOTAL AMOUNT OF QUALIFIED RENTAL ARREARS AND
PROSPECTIVE RENTAL ASSISTANCE PURSUANT TO SUBDIVISION ONE OF THIS
SECTION. UTILITY ASSISTANCE SHALL BE PAID DIRECTLY TO THE UTILITY. THE
COMMISSIONER SHALL REQUIRE REASONABLE EFFORTS TO BE MADE TO OBTAIN THE
S. 2506--B 90
COOPERATION OF LANDLORDS AND UTILITY PROVIDERS TO ACCEPT PAYMENTS FROM
THIS PROGRAM. SUCH OUTREACH MAY BE CONSIDERED COMPLETE IF (A) A REQUEST
FOR PARTICIPATION HAS BEEN SENT IN WRITING, BY MAIL, TO THE LANDLORD OR
UTILITY PROVIDER AND THE ADDRESSEE HAS NOT RESPONDED TO THE REQUEST
WITHIN FOURTEEN CALENDAR DAYS AFTER MAILING; (B) AT LEAST THREE ATTEMPTS
BY PHONE, TEXT, OR E-MAIL HAVE BEEN MADE OVER A TEN CALENDAR DAY PERIOD
TO REQUEST THE LANDLORD OR UTILITY PROVIDER'S PARTICIPATION; OR (C) A
LANDLORD OR UTILITY PROVIDER CONFIRMS IN WRITING THAT THE LANDLORD OR
UTILITY PROVIDER DOES NOT WISH TO PARTICIPATE. THE OUTREACH ATTEMPTS OR
NOTICES TO THE LANDLORD OR UTILITY PROVIDER SHALL BE DOCUMENTED.
4. IF THE LANDLORD OR UTILITY PROVIDER IS UNCOOPERATIVE OR UNRESPON-
SIVE AFTER OUTREACH EFFORTS ARE MADE PURSUANT TO SUBDIVISION THREE OF
THIS SECTION, THE COMMISSIONER MAY MAKE PAYMENTS DIRECTLY TO THE ELIGI-
BLE HOUSEHOLD FOR THE PURPOSE OF ENABLING THE HOUSEHOLD TO MAKE PAYMENTS
TO THE LANDLORD OR UTILITY PROVIDER. THE COMMISSIONER MAY REQUIRE
DOCUMENTATION FROM ANY HOUSEHOLDS RECEIVING SUCH PAYMENTS THAT MONIES
RECEIVED WERE USED IN COMPLIANCE WITH THIS PROGRAM.
5. ACCEPTANCE OF PAYMENT FOR RENTAL ARREARS FROM THIS PROGRAM SHALL
CONSTITUTE AGREEMENT BY THE RECIPIENT LANDLORD OR PROPERTY OWNER:
(A) TO WAIVE ANY LATE FEES DUE ON ANY RENTAL ARREARS;
(B) TO KEEP CONSTANT THE MONTHLY RENT DUE FOR THE DWELLING UNIT SUCH
THAT IT SHALL REMAIN THE SAME AS THE AMOUNT THAT WAS DUE AT THE TIME OF
PAYMENT FOR ONE YEAR AFTER THE FIRST RENTAL ASSISTANCE PAYMENT IS
RECEIVED; PROVIDED THAT ANY RENT INCREASE THAT WOULD OTHERWISE BE DUE
PURSUANT TO THE RENT STABILIZATION LAW OF 1969 OR THE EMERGENCY TENANT
PROTECTION ACT OF 1974 SHALL GO INTO EFFECT AT THE END OF THE ONE-YEAR
PERIOD PROVIDED FOR IN THIS PARAGRAPH AND THE RENT HELD CONSTANT DURING
THE ONE-YEAR PERIOD SHALL NOT BE CONSIDERED A PREFERENTIAL RENT; AND
(C) NOT TO EVICT FOR REASON OF EXPIRED LEASE OR HOLDOVER TENANCY ANY
HOUSEHOLD ON BEHALF OF WHOM RENTAL ASSISTANCE IS RECEIVED FOR ONE YEAR
AFTER THE FIRST RENTAL ASSISTANCE PAYMENT IS RECEIVED. WHERE THE DWELL-
ING UNIT THAT IS THE SUBJECT OF THE LEASE OR RENTAL AGREEMENT IS LOCATED
IN A BUILDING THAT CONTAINS FOUR OR FEWER UNITS, THE LANDLORD MAY
DECLINE TO EXTEND THE LEASE OR TENANCY IF THE LANDLORD INTENDS TO IMME-
DIATELY OCCUPY THE UNIT FOR THE LANDLORD'S PERSONAL USE AS A PRIMARY
RESIDENCE OR THE USE OF AN IMMEDIATE FAMILY MEMBER AS A PRIMARY RESI-
DENCE.
§ 609. NO REPAYMENT AND ASSISTANCE NOT CONSIDERED INCOME. ELIGIBLE
HOUSEHOLDS SHALL NOT BE EXPECTED OR REQUIRED TO REPAY ANY ASSISTANCE
GRANTED THROUGH THIS PROGRAM. ASSISTANCE GRANTED THROUGH THIS PROGRAM
SHALL NOT BE CONSIDERED INCOME FOR PURPOSES OF ELIGIBILITY FOR PUBLIC
BENEFITS OR OTHER PUBLIC ASSISTANCE, BUT SHALL BE CONSIDERED A "SOURCE
OF INCOME" FOR PURPOSES OF THE PROTECTIONS AGAINST HOUSING DISCRIMI-
NATION PROVIDED UNDER SECTION TWO HUNDRED NINETY-SIX OF THE HUMAN RIGHTS
LAW. THERE SHALL BE NO REQUIREMENT FOR APPLICANTS TO SEEK ASSISTANCE
FROM OTHER SOURCES, INCLUDING CHARITABLE CONTRIBUTIONS, IN ORDER TO BE
ELIGIBLE FOR ASSISTANCE UNDER THIS PROGRAM.
§ 610. NOTICE TO TENANTS IN EVICTION PROCEEDINGS. IN ANY EVICTION
PROCEEDING PENDING AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND ANY
EVICTION PROCEEDING FILED WHILE APPLICATIONS ARE BEING ACCEPTED FOR
ASSISTANCE PURSUANT TO THIS ARTICLE, THE COURT SHALL PROMPTLY MAIL THE
RESPONDENT INFORMATION REGARDING HOW THE RESPONDENT MAY APPLY FOR SUCH
ASSISTANCE IN ENGLISH, AND, TO THE EXTENT PRACTICABLE, IN THE RESPOND-
ENT'S PRIMARY LANGUAGE, IF OTHER THAN ENGLISH.
§ 611. NOTICE TO TENANTS RECEIVING RENT DEMANDS. WITH EVERY WRITTEN
DEMAND FOR RENT MADE PURSUANT TO SUBDIVISION TWO OF SECTION SEVEN
S. 2506--B 91
HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, WITH
ANY OTHER WRITTEN NOTICE REQUIRED BY THE LEASE OR TENANCY AGREEMENT, LAW
OR RULE TO BE PROVIDED PRIOR TO THE COMMENCEMENT OF AN EVICTION PROCEED-
ING, AND WITH EVERY NOTICE OF PETITION SERVED ON A TENANT AFTER THE
EFFECTIVE DATE OF THIS ARTICLE AND WHILE APPLICATIONS ARE BEING ACCEPTED
FOR ASSISTANCE PURSUANT TO THIS ARTICLE, THE LANDLORD SHALL PROVIDE
INFORMATION REGARDING HOW A TENANT MAY APPLY FOR SUCH ASSISTANCE, IN A
FORM PROMULGATED AND PUBLISHED BY THE COMMISSIONER IN CONSULTATION WITH
THE OFFICE OF COURT ADMINISTRATION, IN ENGLISH, AND, TO THE EXTENT
PRACTICABLE, IN THE TENANT'S PRIMARY LANGUAGE, IF OTHER THAN ENGLISH.
§ 612. NOTICE TO APPLICANTS FOR ASSISTANCE UNDER THE EMERGENCY RENT
RELIEF ACT OF 2020. THE COMMISSIONER, IN CONSULTATION WITH THE COMMIS-
SIONER OF THE DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT, SHALL
PROVIDE NOTICE OF HOW TO APPLY FOR ASSISTANCE PURSUANT TO THIS ARTICLE
TO EACH TENANT OR OCCUPANT WHO APPLIED FOR ASSISTANCE UNDER THE EMERGEN-
CY RENT RELIEF ACT OF 2020, PURSUANT TO CHAPTER ONE HUNDRED TWENTY-FIVE
OF THE LAWS OF TWO THOUSAND TWENTY. SUCH NOTICE SHALL BE PROVIDED IN
ENGLISH, AND, TO THE EXTENT PRACTICABLE, IN THE TENANT'S PRIMARY
LANGUAGE, IF OTHER THAN ENGLISH.
§ 613. OUTREACH. THE COMMISSIONER SHALL ENSURE THAT EXTENSIVE OUTREACH
IS CONDUCTED TO INCREASE AWARENESS OF THIS PROGRAM AMONG TENANTS AND
LANDLORDS. THE COMMISSIONER SHALL PRIORITIZE FOR OUTREACH COMMUNITIES
WHERE THE MEDIAN INCOME OF RESIDENTS IS LESS THAN EIGHTY PERCENT OF THE
AREA MEDIAN INCOME FOR THE REGION, COMMUNITIES WITH THE HIGHEST UNEM-
PLOYMENT RATES, AND COMMUNITIES THAT EXPERIENCED THE HIGHEST RATES OF
COVID-19 INFECTIONS DURING THE PANDEMIC, AND TO THE EXTENT PRACTICABLE,
COMMUNITIES WITH HIGH RATES OF OWNERSHIP OF RENTAL HOUSING BY SMALL
LANDLORDS. THE COMMISSIONER SHALL ENSURE THAT SUCH OUTREACH IS CONDUCTED
WITH MATERIALS WRITTEN IN THE LANGUAGES LISTED IN SUBDIVISION ONE OF
SECTION SIX HUNDRED FIVE OF THIS ARTICLE, AND TO THE EXTENT PRACTICABLE
IN OTHER LANGUAGES COMMONLY SPOKEN BY RESIDENTS OF THOSE COMMUNITIES
REQUIRED TO BE PRIORITIZED PURSUANT TO THIS SECTION, AS PER THE MOST
RECENT AMERICAN COMMUNITY SURVEY FROM THE UNITED STATES CENSUS BUREAU.
§ 614. FAIR HOUSING OBLIGATIONS. NOTHING IN THIS ARTICLE SHALL LESSEN
OR ABRIDGE ANY FAIR HOUSING OBLIGATIONS PROMULGATED BY THE FEDERAL
GOVERNMENT, STATE, MUNICIPALITIES, LOCALITIES, OR ANY OTHER APPLICABLE
JURISDICTION.
§ 615. REPORTS BY THE COMMISSIONER. THE COMMISSIONER SHALL, ON OR
BEFORE THE TWENTIETH DAY OF EACH MONTH FOR THE DURATION OF THE PROGRAM,
SUBMIT AND MAKE PUBLICLY AVAILABLE ON ITS WEBSITE A REPORT TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
ASSEMBLY, INDICATING: THE NUMBER OF APPLICANTS THAT HAVE APPLIED FOR
RENTAL ASSISTANCE ONLY; THE NUMBER OF APPLICANTS THAT HAVE APPLIED FOR
UTILITY ASSISTANCE ONLY; THE NUMBER OF APPLICANTS THAT HAVE APPLIED FOR
EACH COMBINATION OF RENTAL ASSISTANCE, UTILITY ASSISTANCE, AND ASSIST-
ANCE WITH OTHER EXPENSES RELATED TO HOUSING; THE NUMBER OF SUCH APPLI-
CANTS OF EACH OF THE THREE FOREGOING TYPES, WITH INCOMES BETWEEN ZERO TO
TWENTY-FIVE PERCENT, TWENTY-FIVE TO FIFTY PERCENT, AND FIFTY-ONE TO
EIGHTY PERCENT OF THE AREA MEDIAN INCOME; THE AVERAGE AND MEDIAN RENTAL
ARREARS OF THE APPLICANTS WITH INCOMES BETWEEN ZERO TO TWENTY-FIVE
PERCENT, TWENTY-FIVE TO FIFTY PERCENT, AND FIFTY-ONE TO EIGHTY PERCENT
OF THE AREA MEDIAN INCOME; THE NUMBER OF APPLICATIONS OF EACH TYPE OF
ASSISTANCE APPROVED, THE NUMBER OF APPLICATIONS OF EACH TYPE OF ASSIST-
ANCE REJECTED, THE AVERAGE AND MEDIAN AMOUNT OF RENTAL ASSISTANCE GRANT-
ED, THE AVERAGE AND MEDIAN UTILITY ASSISTANCE GRANTED, THE STATUS OF ANY
PENDING APPLICATIONS, THE MONTHLY EXPENDITURES MADE PURSUANT TO THIS
S. 2506--B 92
ARTICLE FOR EACH TYPE OF ASSISTANCE. EACH NUMBER REQUIRED TO BE INCLUDED
IN THE REPORT SHALL BE REPORTED AS A STATEWIDE TOTAL FROM THE START OF
THE PROGRAM THROUGH THE END OF THE PRECEDING CALENDAR MONTH AND AS A
SUBTOTAL FOR EACH COUNTY, BASED ON THE LOCATION OF THE PREMISES FOR
WHICH THE APPLICANT HAS SOUGHT ASSISTANCE.
§ 3. The social services law is amended by adding a new section 131-bb
to read as follows:
§ 131-BB. PROOF OF ELIGIBILITY FOR RENTAL ASSISTANCE. UNDER NO CIRCUM-
STANCES SHALL A LOCAL SOCIAL SERVICES DISTRICT REQUIRE PROOF THAT A
COURT PROCEEDING HAS BEEN INITIATED AGAINST A TENANT AS A CONDITION OF
ELIGIBILITY FOR A RENT ARREARS GRANT OR ONGOING RENTAL ASSISTANCE
INCLUDING RENTAL ASSISTANCE PROVIDED PURSUANT TO THIS ARTICLE.
§ 4. Section 131-w of the social services law, as added by chapter 41
of the laws of 1992, is amended to read as follows:
§ 131-w. Limitations in the payment of rent arrears. 1. Districts
shall not provide assistance to pay rent arrears, property taxes or
mortgage arrears for persons not eligible for home relief, aid to
dependent children, emergency assistance to needy families with children
or emergency assistance for aged, blind and disabled persons, except to
persons who are without income or resources immediately available to
meet the emergency need, whose gross household income does not exceed
one hundred twenty-five percent of the federal income official poverty
line and who sign a repayment agreement agreeing to repay the assistance
in a period not to exceed twelve months. The districts shall enforce
the repayment agreements by any legal method available to a creditor, in
addition to any rights it has pursuant to this chapter. The department
shall promulgate regulations to implement this section which shall,
among other things, establish standards for the contents of repayment
agreements and establish standards to ensure that assistance is provided
only in emergency circumstances.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR ASSISTANCE PROVIDED BETWEEN
MARCH SEVENTH, TWO THOUSAND TWENTY UNTIL THE LATER OF DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-ONE OR THE DATE ON WHICH NONE OF THE
PROVISIONS THAT CLOSED OR OTHERWISE RESTRICTED PUBLIC OR PRIVATE BUSI-
NESSES OR PLACES OF PUBLIC ACCOMMODATION, OR REQUIRED POSTPONEMENT OR
CANCELLATION OF ALL NON-ESSENTIAL GATHERINGS OF INDIVIDUALS OF ANY SIZE
FOR ANY REASON IN EXECUTIVE ORDER NUMBERS 202.3, 202.4, 202.5, 202.6,
202.7, 202.8, 202.10, 202.11, 202.13 OR 202.14 OF TWO THOUSAND TWENTY,
AS EXTENDED BY EXECUTIVE ORDER NUMBERS 202.28 AND 202.31 OF TWO THOUSAND
TWENTY AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED IN
RESPONSE TO THE COVID-19 PANDEMIC CONTINUE TO APPLY IN THE SERVICE
DISTRICT. ANY PAYMENT DUE AND OWING UNDER THIS SECTION SHALL BE
SUSPENDED UNTIL THE LATER OF DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-ONE OR THE DATE ON WHICH NONE OF THE PROVISIONS THAT CLOSED OR OTHER-
WISE RESTRICTED PUBLIC OR PRIVATE BUSINESSES OR PLACES OF PUBLIC ACCOM-
MODATION, OR REQUIRED POSTPONEMENT OR CANCELLATION OF ALL NON-ESSENTIAL
GATHERINGS OF INDIVIDUALS OF ANY SIZE FOR ANY REASON IN EXECUTIVE ORDER
NUMBERS 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13
OR 202.14 OF TWO THOUSAND TWENTY, AS EXTENDED BY EXECUTIVE ORDER NUMBERS
202.28 AND 202.31 OF TWO THOUSAND TWENTY AND AS FURTHER EXTENDED BY ANY
FUTURE EXECUTIVE ORDER, ISSUED IN RESPONSE TO THE COVID-19 PANDEMIC
CONTINUE TO APPLY TO THE SERVICE DISTRICT.
§ 5. Subdivision 1 of section 131-s of the social services law, as
amended by chapter 318 of the laws of 2009, is amended to read as
follows:
S. 2506--B 93
1. (A) In the case of a person applying for public assistance, supple-
mental security income benefits or additional state payments pursuant to
this chapter, the social services official of the social services
district in which such person resides shall, unless alternative payment
or living arrangements can be made, make a payment to a gas corporation,
electric corporation or municipality for services provided to such
person during a period of up to, but not exceeding, four months imme-
diately preceding the month of application for such assistance or bene-
fits if such payment is needed to prevent shut-off or to restore
service. Persons whose gross household income exceeds the public assist-
ance standard of need for the same size household must sign a repayment
agreement to repay the assistance within two years of the date of
payment as a condition of receiving assistance, in accordance with regu-
lations established by the department. Such repayment agreement may be
enforced in any manner available to a creditor, in addition to any
rights the district may have pursuant to this chapter.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR ASSISTANCE PROVIDED
BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY UNTIL THE LATER OF DECEMBER
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE OR THE DATE ON WHICH NONE OF THE
PROVISIONS THAT CLOSED OR OTHERWISE RESTRICTED PUBLIC OR PRIVATE BUSI-
NESSES OR PLACES OF PUBLIC ACCOMMODATION, OR REQUIRED POSTPONEMENT OR
CANCELLATION OF ALL NON-ESSENTIAL GATHERINGS OF INDIVIDUALS OF ANY SIZE
FOR ANY REASON IN EXECUTIVE ORDER NUMBERS 202.3, 202.4, 202.5, 202.6,
202.7, 202.8, 202.10, 202.11, 202.13 OR 202.14 OF TWO THOUSAND TWENTY,
AS EXTENDED BY EXECUTIVE ORDER NUMBERS 202.28 AND 202.31 OF TWO THOUSAND
TWENTY AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED IN
RESPONSE TO THE COVID-19 PANDEMIC CONTINUE TO APPLY IN THE SERVICE
DISTRICT.
§ 6. Section 106-b of the social services law, as amended by chapter
81 of the laws of 1995, is amended to read as follows:
§ 106-b. Adjustment for incorrect payments. 1. Any inconsistent
provision of law notwithstanding, a social services official shall, in
accordance with the regulations of the department and consistent with
federal law and regulations, take all necessary steps to correct any
overpayment or underpayment to a public assistance recipient; provided,
however, that a social services official may waive recovery of a past
overpayment, in the case of an individual who is not currently a recipi-
ent of public assistance, where the cost of recovery is greater than the
cost of collections as determined in accordance with department regu-
lations consistent with federal law and regulations. For purposes of
this section, overpayment shall include payments made to an eligible
person in excess of his needs as defined in this chapter and payments
made to ineligible persons (including payments made to such persons
pending a fair hearings decision). The commissioner shall promulgate
regulations to implement procedures for correcting overpayments and
underpayments. The procedures for correcting overpayments shall be
designed to minimize adverse impact on the recipient, and to the extent
possible avoid undue hardship. Notwithstanding any other provision of
law to the contrary, no underpayment shall be corrected with respect to
a person who is currently not eligible for or in receipt of home relief
or aid to dependent children, except that corrective payments may be
made with respect to persons formerly eligible for or in receipt of aid
to dependent children to the extent that federal law and regulations
require.
S. 2506--B 94
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
NO COLLECTION OF OVERPAYMENTS SHALL BE CONDUCTED, REGARDLESS OF WHEN THE
OVERPAYMENT ACCRUED, UNTIL THE LATER OF DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY-ONE OR THE DATE ON WHICH NONE OF THE PROVISIONS THAT CLOSED
OR OTHERWISE RESTRICTED PUBLIC OR PRIVATE BUSINESSES OR PLACES OF PUBLIC
ACCOMMODATION, OR REQUIRED POSTPONEMENT OR CANCELLATION OF ALL NON-ES-
SENTIAL GATHERINGS OF INDIVIDUALS OF ANY SIZE FOR ANY REASON IN EXECU-
TIVE ORDER NUMBERS 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10,
202.11, 202.13 OR 202.14 OF TWO THOUSAND TWENTY, AS EXTENDED BY EXECU-
TIVE ORDER NUMBERS 202.28 AND 202.31 OF TWO THOUSAND TWENTY-ONE AND AS
FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER, ISSUED IN RESPONSE TO
THE COVID-19 PANDEMIC CONTINUE TO APPLY IN THE SERVICE DISTRICT.
§ 7. 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 of this act, but shall be confined
in its operation to the clause, sentence, paragraph, subdivision,
section or part of this act 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 clause, sentence, paragraph, subdivision, section
or part had not been included herein.
§ 8. This act shall take effect immediately and shall expire on the
later of December 31, 2021 or the date on which none of the provisions
that closed or otherwise restricted public or private businesses or
places of public accommodation, or required postponement or cancellation
of all non-essential gatherings of individuals of any size for any
reason in executive order numbers 202.3, 202.4, 202.5, 202.6, 202.7,
202.8, 202.10, 202.11, 202.13 or 202.14 of two thousand twenty, as
extended by executive order numbers 202.28 and 202.31 of two thousand
twenty and as further extended by any future executive order, issued in
response to the COVID-19 pandemic continue to apply anywhere in the
state, when upon such date the provisions of this act shall be deemed
repealed; provided that the state commissioner of social services shall
notify the legislative bill drafting commission upon the date on which
none of the provisions that closed or otherwise restricted public or
private businesses or places of public accommodation, or required post-
ponement or cancellation of all non-essential gatherings of individuals
of any size for any reason in executive order numbers 202.3, 202.4,
202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 or 202.14 of two
thousand twenty, as extended by executive order numbers 202.28 and
202.31 of two thousand twenty and as further extended by any future
executive order, issued in response to the COVID-19 pandemic continue to
apply anywhere in the state, 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 EE
Section 1. The public housing law is amended by adding a new article
14 to read as follows:
ARTICLE 14
HOUSING ACCESS VOUCHER PROGRAM
SECTION 600. LEGISLATIVE FINDINGS.
S. 2506--B 95
601. DEFINITIONS.
602. HOUSING ACCESS VOUCHER PROGRAM.
603. ELIGIBILITY.
604. FUNDING ALLOCATION AND DISTRIBUTION.
605. PAYMENT OF HOUSING VOUCHERS.
606. LEASES AND TENANCY.
607. RENTAL OBLIGATION.
608. MONTHLY ASSISTANCE PAYMENT.
609. INSPECTION OF UNITS BY PUBLIC HOUSING AGENCIES.
610. RENT.
611. VACATED UNITS.
612. LEASING OF UNITS OWNED BY A PUBLIC HOUSING AGENCY.
613. VERIFICATION OF INCOME.
614. DIVISION OF AN ASSISTED FAMILY.
615. MAINTENANCE OF EFFORT.
616. VOUCHERS STATEWIDE.
617. APPLICABLE CODES.
618. HOUSING CHOICE.
§ 600. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS IN THE
PUBLIC INTEREST AND AN OBLIGATION OF THE STATE TO ENSURE THAT INDIVID-
UALS AND FAMILIES ARE NOT RENDERED HOMELESS BECAUSE OF AN INABILITY TO
PAY THE COST OF HOUSING, AND THAT THE STATE SHOULD AID INDIVIDUALS AND
FAMILIES WHO ARE HOMELESS OR FACE AN IMMINENT LOSS OF HOUSING IN OBTAIN-
ING AND MAINTAINING SUITABLE PERMANENT HOUSING IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE.
§ 601. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "HOMELESS" MEANS LACKING A FIXED, REGULAR, AND ADEQUATE NIGHTTIME
RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A PUBLIC OR
PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEPING
ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED BUILD-
ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT
FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER-
ATED SHELTER DESIGNATED TO PROVIDE TEMPORARY LIVING ARRANGEMENTS
(INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR LOCAL GOVERN-
MENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS,
CONGREGATE SHELTERS, OR TRANSITIONAL HOUSING); EXITING AN INSTITUTION
WHERE AN INDIVIDUAL OR FAMILY HAS RESIDED AND LACKING A REGULAR FIXED
AND ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; BEING A
HOMELESS FAMILY WITH CHILDREN OR UNACCOMPANIED YOUTH DEFINED AS HOMELESS
UNDER FEDERAL STATUTE; HAVING EXPERIENCED A LONG-TERM PERIOD WITHOUT
LIVING INDEPENDENTLY IN PERMANENT HOUSING OR HAVING EXPERIENCED PERSIST-
ENT INSTABILITY AS MEASURED BY FREQUENT MOVES AND BEING REASONABLY
EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED PERIOD OF TIME
BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL HEALTH OR MENTAL
HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC VIOLENCE
OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD OR YOUTH WITH A DISABILITY,
MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR LIFE-THREATENING
CONDITIONS, INCLUDING CONDITIONS THAT RELATE TO VIOLENCE AGAINST AN
INDIVIDUAL OR A FAMILY MEMBER.
2. "IMMINENT LOSS OF HOUSING" MEANS HAVING RECEIVED A VERIFIED RENT
DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER RESULT-
ING FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY THAT
THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING DUE TO HAZARDOUS
CONDITIONS, INCLUDING BUT NOT LIMITED TO ASBESTOS, LEAD EXPOSURE, MOLD,
AND RADON; HAVING A PRIMARY NIGHTTIME RESIDENCE THAT IS A ROOM IN A
S. 2506--B 96
HOTEL OR MOTEL AND LACKING THE RESOURCES NECESSARY TO STAY; FACING LOSS
OF THE PRIMARY NIGHTTIME RESIDENCE, WHICH MAY INCLUDE LIVING IN THE HOME
OF ANOTHER HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUSING WILL NOT
ALLOW THE INDIVIDUAL OR FAMILY TO STAY, PROVIDED FURTHER, THAT AN
ASSERTION FROM AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS OF
HOUSING OR HOMELESSNESS SHALL BE SUFFICIENT TO ESTABLISH ELIGIBILITY; OR
FLEEING OR ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, STALKING, HUMAN TRAFFICKING OR OTHER DANGEROUS OR LIFE-THREAT-
ENING CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL OR A
FAMILY MEMBER, PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL OR
FAMILY MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL BE SUFFI-
CIENT TO ESTABLISH ELIGIBILITY.
3. "PUBLIC HOUSING AGENCY" MEANS ANY COUNTY, MUNICIPALITY, OR OTHER
GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINISTER ANY
PUBLIC HOUSING PROGRAM (OR AN AGENCY OR INSTRUMENTALITY OF SUCH AN ENTI-
TY), AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMINISTERS
ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE.
4. "FAMILY" MEANS A GROUP OF PERSONS RESIDING TOGETHER. SUCH GROUP
INCLUDES, BUT IS NOT LIMITED TO A FAMILY WITH OR WITHOUT CHILDREN (A
CHILD WHO IS TEMPORARILY AWAY FROM THE HOME BECAUSE OF PLACEMENT IN
FOSTER CARE IS CONSIDERED A MEMBER OF THE FAMILY) OR THE REMAINING
MEMBER OF A TENANT FAMILY. THE COMMISSIONER SHALL HAVE THE DISCRETION TO
DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
5. "INDIVIDUAL" MEANS A SINGLE PERSON.
6. "OWNER" MEANS ANY PRIVATE PERSON OR ANY ENTITY, INCLUDING A COOPER-
ATIVE, AN AGENCY OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING AGENCY,
HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS.
7. "DWELLING UNIT" MEANS A SINGLE-FAMILY DWELLING, INCLUDING ATTACHED
STRUCTURES SUCH AS PORCHES AND STOOPS; OR A SINGLE-FAMILY DWELLING UNIT
IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING
UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE
USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE OR MORE
PERSONS.
8. "INCOME" MEANS INCOME FROM ALL SOURCES OF EACH MEMBER OF THE HOUSE-
HOLD, INCLUDING ALL WAGES, TIPS, OVER-TIME, SALARY, WELFARE ASSISTANCE,
SOCIAL SECURITY PAYMENTS, CHILD SUPPORT PAYMENTS, RETURNS ON INVEST-
MENTS, AND RECURRING GIFTS. THE TERM "INCOME" SHALL NOT INCLUDE:
EMPLOYMENT INCOME FROM CHILDREN UNDER EIGHTEEN YEARS OF AGE, EMPLOYMENT
INCOME FROM CHILDREN EIGHTEEN YEARS OF AGE OR OLDER WHO ARE FULL-TIME
STUDENTS, FOSTER CARE PAYMENTS, SPORADIC GIFTS, GROCERIES PROVIDED BY
PERSONS NOT LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM (FOOD STAMP) BENEFITS, EARNED INCOME DISREGARD (EID), OR THE
EARNED INCOME TAX CREDIT.
9. "ADJUSTED INCOME" MEANS INCOME MINUS ANY DEDUCTIONS ALLOWABLE BY
THE RULES PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE.
MANDATORY DEDUCTIONS SHALL INCLUDE:
(A) FOUR HUNDRED EIGHTY DOLLARS FOR EACH DEPENDENT;
(B) FOUR HUNDRED DOLLARS FOR ANY ELDERLY FAMILY MEMBER AND/OR A FAMILY
MEMBER WITH A DISABILITY;
(C) ANY REASONABLE CHILD CARE EXPENSES NECESSARY TO ENABLE A MEMBER OF
THE FAMILY TO BE EMPLOYED OR TO FURTHER HIS OR HER EDUCATION; AND
(D) THE SUM TOTAL OF UNREIMBURSED MEDICAL EXPENSES FOR EACH ELDERLY
FAMILY MEMBER AND/OR FAMILY MEMBER WITH A DISABILITY PLUS UNREIMBURSED
ATTENDANT CARE AND/OR MEDICAL APPARATUS EXPENSES FOR EACH MEMBER OF THE
FAMILY WITH A DISABILITY WHICH ARE NECESSARY FOR ANY MEMBER OF THE FAMI-
S. 2506--B 97
LY (INCLUDING THE MEMBER WHO IS A PERSON WITH A DISABILITY) TO BE
EMPLOYED GREATER THAN THREE PERCENT OF THE ANNUAL INCOME.
10. "REASONABLE RENT" MEANS RENT NOT MORE THAN THE RENT CHARGED ON
COMPARABLE UNITS IN THE PRIVATE UNASSISTED MARKET AND RENT CHARGED FOR
COMPARABLE UNASSISTED UNITS IN THE PREMISES.
11. "FAIR MARKET RENT" MEANS THE FAIR MARKET RENT FOR EACH RENTAL AREA
AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT'S OFFICE OF POLICY DEVELOPMENT AND RESEARCH PURSUANT
TO 42 U.S.C. 1437F.
12. "VOUCHER" MEANS A DOCUMENT ISSUED BY THE HOUSING TRUST FUND CORPO-
RATION PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED FOR
ADMISSION TO THE HOUSING ACCESS VOUCHER PROGRAM, WHICH DESCRIBES SUCH
PROGRAM AND THE PROCEDURES FOR APPROVAL OF A UNIT SELECTED BY THE FAMILY
AND STATES THE OBLIGATIONS OF THE INDIVIDUAL OR FAMILY UNDER THE
PROGRAM.
13. "LEASE" MEANS A WRITTEN AGREEMENT BETWEEN AN OWNER AND A TENANT
FOR THE LEASING OF A DWELLING UNIT TO THE TENANT. THE LEASE ESTABLISHES
THE CONDITIONS FOR OCCUPANCY OF THE DWELLING UNIT BY AN INDIVIDUAL OR
FAMILY WITH HOUSING ASSISTANCE PAYMENTS UNDER A CONTRACT BETWEEN THE
OWNER AND THE PUBLIC HOUSING AGENCY.
14. "DEPENDENT" MEANS ANY MEMBER OF THE FAMILY WHO IS NEITHER THE HEAD
OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE, AND WHO IS:
(A) UNDER THE AGE OF EIGHTEEN;
(B) A PERSON WITH A DISABILITY; OR
(C) A FULL-TIME STUDENT.
15. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
16. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL-
DREN UNDER THE AGE OF THIRTEEN.
17. "SEVERELY RENT BURDENED" MEANS THOSE INDIVIDUALS AND FAMILIES WHO
PAY MORE THAN FIFTY PERCENT OF THEIR INCOME IN RENT AS DEFINED BY THE
UNITED STATES CENSUS BUREAU.
18. "DISABILITY" MEANS:
(A) THE INABILITY TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY
REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH
CAN BE EXPECTED TO RESULT IN DEATH OR WHICH HAS LASTED OR CAN BE
EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS;
OR
(B) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE AGE OF FIFTY-
FIVE AND IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE
IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE
TO THOSE OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE PREVIOUSLY ENGAGED
WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR
(C) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH:
(I) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION;
(II) SUBSTANTIALLY IMPEDES HIS OR HER ABILITY TO LIVE INDEPENDENTLY;
AND
(III) IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE IMPROVED BY MORE
SUITABLE HOUSING CONDITIONS; OR
(D) A DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY OF
AN INDIVIDUAL THAT:
(I) IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR COMBINATION
OF MENTAL AND PHYSICAL IMPAIRMENTS;
(II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO;
(III) IS LIKELY TO CONTINUE INDEFINITELY;
(IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF
THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY:
S. 2506--B 98
(A) SELF-CARE;
(B) RECEPTIVE AND EXPRESSIVE LANGUAGE;
(C) LEARNING;
(D) MOBILITY;
(E) SELF-DIRECTION;
(F) CAPACITY FOR INDEPENDENT LIVING; OR
(G) ECONOMIC SELF-SUFFICIENCY; AND
(V) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND SEQUENCE OF
SPECIAL, INTERDISCIPLINARY, OR GENERIC SERVICES, INDIVIDUALIZED
SUPPORTS, OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR EXTENDED
DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED.
§ 602. HOUSING ACCESS VOUCHER PROGRAM. THE COMMISSIONER, SUBJECT TO
THE APPROPRIATION OF FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT A PROGRAM
OF RENTAL ASSISTANCE IN THE FORM OF HOUSING VOUCHERS FOR ELIGIBLE INDI-
VIDUALS AND FAMILIES WHO ARE HOMELESS OR WHO FACE AN IMMINENT LOSS OF
HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE HOUSING
TRUST FUND CORPORATION SHALL ISSUE VOUCHERS PURSUANT TO THIS ARTICLE,
SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE, AND MAY CONTRACT
WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO ADMINISTER ANY
ASPECT OF THIS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTI-
CLE. THE COMMISSIONER SHALL DESIGNATE PUBLIC HOUSING AGENCIES IN THE
STATE TO MAKE VOUCHERS AVAILABLE TO SUCH INDIVIDUALS AND FAMILIES AND TO
ADMINISTER OTHER ASPECTS OF THE PROGRAM IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE.
§ 603. ELIGIBILITY. ELIGIBILITY FOR THE HOUSING ACCESS VOUCHER PROGRAM
SHALL BE LIMITED TO INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACING
IMMINENT LOSS OF HOUSING. THE COMMISSIONER SHALL PROMULGATE STANDARDS
FOR DETERMINING ELIGIBILITY FOR THIS PROGRAM.
1. AN INDIVIDUAL OR FAMILY SHALL BE ELIGIBLE FOR THIS PROGRAM IF THEY
ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING AND HAVE AN INCOME OF NO
MORE THAN FIFTY PERCENT OF THE AREA MEDIAN INCOME.
2. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE UNDER THIS
PROGRAM SHALL BE NO LONGER FINANCIALLY ELIGIBLE FOR ASSISTANCE UNDER
THIS PROGRAM WHEN THIRTY PERCENT OF THE INDIVIDUAL OR FAMILY'S ADJUSTED
INCOME IS GREATER THAN OR EQUAL TO THE TOTAL RENT FOR THE DWELLING UNIT.
3. WHEN AN INDIVIDUAL OR FAMILY BECOMES FINANCIALLY INELIGIBLE FOR
RENTAL ASSISTANCE UNDER THIS PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS
SECTION, THE INDIVIDUAL OR FAMILY SHALL RETAIN RENTAL ASSISTANCE FOR A
PERIOD NO SHORTER THAN ONE YEAR.
4. INCOME ELIGIBILITY SHALL BE VERIFIED NO LESS FREQUENTLY THAN ANNU-
ALLY.
§ 604. FUNDING ALLOCATION AND DISTRIBUTION. 1. FUNDING SHALL BE ALLO-
CATED BY THE COMMISSIONER IN EACH COUNTY AND THE CITY OF NEW YORK IN
PROPORTION TO THE NUMBER OF HOUSEHOLDS IN EACH COUNTY OR THE CITY OF NEW
YORK WHO ARE SEVERELY RENT BURDENED.
2. THE COMMISSIONER SHALL BE RESPONSIBLE FOR DISTRIBUTING THE FUNDS
ALLOCATED IN EACH COUNTY OR THE CITY OF NEW YORK AMONG PUBLIC HOUSING
AGENCIES OPERATING IN EACH COUNTY OR IN THE CITY OF NEW YORK.
3. AT LEAST FIFTY PERCENT OF FUNDS DISTRIBUTED IN EACH COUNTY OR IN
THE CITY OF NEW YORK SHALL BE ALLOCATED TO INDIVIDUALS OR FAMILIES WHO
ARE HOMELESS.
4. AT LEAST EIGHTY-SEVEN AND ONE-HALF PERCENT OF FUNDS DISTRIBUTED IN
EACH COUNTY OR IN THE CITY OF NEW YORK FOR INDIVIDUALS OR FAMILIES WHO
ARE HOMELESS PURSUANT TO SUBDIVISION THREE OF THIS SECTION SHALL BE
ALLOCATED TO INDIVIDUALS AND FAMILIES WHOSE INCOME DOES NOT EXCEED THIR-
TY PERCENT OF THE AREA MEDIAN INCOME.
S. 2506--B 99
5. OF THE FUNDS ALLOCATED TO INDIVIDUALS AND FAMILIES WHO FACE AN
IMMINENT LOSS OF HOUSING, PRIORITY SHALL BE GIVEN TO INDIVIDUALS AND
FAMILIES WHO HAVE FORMERLY EXPERIENCED HOMELESSNESS, INCLUDING THOSE WHO
HAVE PREVIOUSLY RECEIVED A TEMPORARY RENTAL VOUCHER FROM THE STATE, A
LOCALITY, OR A NON-PROFIT ORGANIZATION OR WHO CURRENTLY HAVE A RENTAL
ASSISTANCE VOUCHER THAT IS DUE TO EXPIRE WITHIN SIX MONTHS OF APPLICA-
TION.
§ 605. PAYMENT OF HOUSING VOUCHERS. THE HOUSING VOUCHER SHALL BE PAID
DIRECTLY TO ANY OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE DWELLING
UNIT TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE APPROPRIATE PUBLIC
HOUSING AGENCY. A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO
PURSUANT TO THIS SECTION SHALL ESTABLISH THE MAXIMUM MONTHLY RENT
(INCLUDING UTILITIES AND ALL MAINTENANCE AND MANAGEMENT CHARGES) WHICH
THE OWNER IS ENTITLED TO RECEIVE FOR EACH DWELLING UNIT WITH RESPECT TO
WHICH SUCH ASSISTANCE PAYMENTS ARE TO BE MADE. THE MAXIMUM MONTHLY RENT
SHALL NOT EXCEED ONE HUNDRED TEN PERCENT NOR BE LESS THAN NINETY PERCENT
OF THE FAIR MARKET RENT FOR THE RENTAL AREA IN WHICH IT IS LOCATED.
FAIR MARKET RENT FOR A RENTAL AREA SHALL BE PUBLISHED NOT LESS THAN
ANNUALLY BY THE COMMISSIONER AND SHALL BE MADE AVAILABLE ON THE WEBSITE
OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL.
§ 606. LEASES AND TENANCY. EACH HOUSING ASSISTANCE PAYMENT CONTRACT
ENTERED INTO BY A PUBLIC HOUSING AGENCY AND THE OWNER OF A DWELLING UNIT
SHALL PROVIDE:
1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM
OF NOT LESS THAN ONE YEAR, EXCEPT THAT THE PUBLIC HOUSING AGENCY MAY
APPROVE A SHORTER TERM FOR AN INITIAL LEASE BETWEEN THE TENANT AND THE
DWELLING UNIT OWNER IF THE PUBLIC HOUSING AGENCY DETERMINES THAT SUCH
SHORTER TERM WOULD IMPROVE HOUSING OPPORTUNITIES FOR THE TENANT AND IF
SUCH SHORTER TERM IS CONSIDERED TO BE A PREVAILING LOCAL MARKET PRAC-
TICE;
2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED
UNDER THIS ARTICLE THAT:
(A) ARE IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT
OWNER; AND
(B) CONTAIN TERMS AND CONDITIONS THAT:
(I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND
(II) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO ARE NOT ASSISTED
UNDER THIS ARTICLE;
(C) SHALL PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL
NOT TERMINATE THE TENANCY EXCEPT FOR SERIOUS OR REPEATED VIOLATION OF
THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE
OR LOCAL LAW, OR FOR OTHER GOOD CAUSE, AND IN THE CASE OF AN OWNER WHO
IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO FORECLOSURE DURING THE
TERM OF THE LEASE VACATING THE PROPERTY PRIOR TO SALE SHALL NOT CONSTI-
TUTE OTHER GOOD CAUSE, EXCEPT THAT THE OWNER MAY TERMINATE THE TENANCY
EFFECTIVE ON THE DATE OF TRANSFER OF THE UNIT TO THE OWNER IF THE OWNER:
(I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND
(II) HAS PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST NINETY DAYS
BEFORE THE EFFECTIVE DATE OF SUCH NOTICE;
(D) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER THIS SECTION
SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE
TENANT SPECIFYING THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE
CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW;
3. THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT ORIGINATED UNDER THIS
ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN
SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY
S. 2506--B 100
RESIDENCE. CONTRACTS SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL
NOT BE TRANSFERABLE BETWEEN RECIPIENTS. A FAMILY OR INDIVIDUAL MAY
TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT
TO THIS ARTICLE;
4. THAT AN OWNER SHALL NOT CHARGE MORE THAN A REASONABLE RENT AS
DEFINED IN SECTION SIX HUNDRED ONE OF THIS ARTICLE.
§ 607. RENTAL OBLIGATION. 1. EACH RECIPIENT OF HOUSING ASSISTANCE
UNDER THE HOUSING ACCESS VOUCHER PROGRAM'S MONTHLY RENTAL OBLIGATION
SHALL BE THE GREATER OF:
(A) THIRTY PERCENT OF THE MONTHLY ADJUSTED INCOME OF THE FAMILY OR
INDIVIDUAL; OR
(B) IF THE FAMILY OR INDIVIDUAL IS RECEIVING PAYMENTS FOR WELFARE
ASSISTANCE FROM A PUBLIC AGENCY AND A PART OF THOSE PAYMENTS, ADJUSTED
IN ACCORDANCE WITH THE ACTUAL HOUSING COSTS OF THE FAMILY, IS SPECIF-
ICALLY DESIGNATED BY THAT AGENCY TO MEET THE HOUSING COSTS OF THE FAMI-
LY, THE PORTION OF THOSE PAYMENTS THAT IS SO DESIGNATED. THESE PAYMENTS
INCLUDE, BUT ARE NOT LIMITED TO ANY SHELTER ASSISTANCE OR HOUSING
ASSISTANCE ADMINISTERED BY ANY FEDERAL, STATE OR LOCAL AGENCY.
2. IF THE RENT FOR THE INDIVIDUAL OR FAMILY (INCLUDING THE AMOUNT
ALLOWED FOR TENANT-PAID UTILITIES) EXCEEDS THE APPLICABLE PAYMENT STAND-
ARD ESTABLISHED UNDER SUBDIVISION ONE OF THIS SECTION, THE MONTHLY
ASSISTANCE PAYMENT FOR THE FAMILY SHALL BE EQUAL TO THE AMOUNT BY WHICH
THE APPLICABLE PAYMENT STANDARD EXCEEDS THE GREATER OF AMOUNTS UNDER
PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION.
§ 608. MONTHLY ASSISTANCE PAYMENT. 1. THE AMOUNT OF THE MONTHLY
ASSISTANCE PAYMENT WITH RESPECT TO ANY DWELLING UNIT SHALL BE THE
DIFFERENCE BETWEEN THE MAXIMUM MONTHLY RENT WHICH THE CONTRACT PROVIDES
THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR
FAMILY IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED SEVEN OF THIS ARTI-
CLE. REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY.
2. THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT
SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE USE OF
THE PROGRAM IN ALL LOCALITIES BASED ON THE FAIR MARKET RENTAL OF THE
RENTAL AREA. RENTAL AREAS SHALL BE DELINEATED BY COUNTY, EXCEPTING THAT
THE CITY OF NEW YORK SHALL BE CONSIDERED ONE RENTAL AREA. THE COMMIS-
SIONER MAY RELY ON DATA OR OTHER INFORMATION PROMULGATED BY ANY OTHER
STATE OR FEDERAL AGENCY IN DETERMINING THE RENTAL AREAS AND FAIR MARKET
RENT.
3. THE PAYMENT STANDARD FOR EACH SIZE OF DWELLING UNIT IN A RENTAL
AREA SHALL NOT BE LESS THAN NINETY PERCENT AND SHALL NOT EXCEED ONE
HUNDRED TEN PERCENT OF THE FAIR MARKET RENT ESTABLISHED IN SECTION SIX
HUNDRED ONE OF THIS ARTICLE FOR THE SAME SIZE OF DWELLING UNIT IN THE
SAME RENTAL AREA, EXCEPT THAT THE COMMISSIONER SHALL NOT BE REQUIRED AS
A RESULT OF A REDUCTION IN THE FAIR MARKET RENT TO REDUCE THE PAYMENT
STANDARD APPLIED TO A FAMILY CONTINUING TO RESIDE IN A UNIT FOR WHICH
THE FAMILY WAS RECEIVING ASSISTANCE UNDER THIS ARTICLE AT THE TIME THE
FAIR MARKET RENT WAS REDUCED.
§ 609. INSPECTION OF UNITS BY PUBLIC HOUSING AGENCIES. 1. INITIAL
INSPECTION.
(A) FOR EACH DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT
CONTRACT IS ESTABLISHED UNDER THIS ARTICLE, THE PUBLIC HOUSING AGENCY
(OR OTHER ENTITY PURSUANT TO SECTION SIX HUNDRED TWELVE OF THIS ARTICLE)
SHALL INSPECT THE UNIT BEFORE ANY ASSISTANCE PAYMENT IS MADE TO DETER-
MINE WHETHER THE DWELLING UNIT MEETS THE HOUSING QUALITY STANDARDS UNDER
SUBDIVISION TWO OF THIS SECTION, EXCEPT AS PROVIDED IN PARAGRAPH (B) OR
(C) OF THIS SUBDIVISION.
S. 2506--B 101
(B) IN THE CASE OF ANY DWELLING UNIT THAT IS DETERMINED, PURSUANT TO
AN INSPECTION UNDER PARAGRAPH (A) OF THIS SUBDIVISION, NOT TO MEET THE
HOUSING QUALITY STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION, ASSIST-
ANCE PAYMENTS MAY BE MADE FOR THE UNIT NOTWITHSTANDING SUBDIVISION THREE
OF THIS SECTION IF FAILURE TO MEET SUCH STANDARDS IS A RESULT ONLY OF
NON-LIFE-THREATENING CONDITIONS, AS SUCH CONDITIONS ARE ESTABLISHED BY
THE COMMISSIONER. A PUBLIC HOUSING AGENCY MAKING ASSISTANCE PAYMENTS
PURSUANT TO THIS PARAGRAPH FOR A DWELLING UNIT SHALL, THIRTY DAYS AFTER
THE BEGINNING OF THE PERIOD FOR WHICH SUCH PAYMENTS ARE MADE, WITHHOLD
ANY ASSISTANCE PAYMENTS FOR THE UNIT IF ANY DEFICIENCY RESULTING IN
NONCOMPLIANCE WITH THE HOUSING QUALITY STANDARDS HAS NOT BEEN CORRECTED
BY SUCH TIME. THE PUBLIC HOUSING AGENCY SHALL RECOMMENCE ASSISTANCE
PAYMENTS WHEN SUCH DEFICIENCY HAS BEEN CORRECTED, AND MAY USE ANY
PAYMENTS WITHHELD TO MAKE ASSISTANCE PAYMENTS RELATING TO THE PERIOD
DURING WHICH PAYMENTS WERE WITHHELD.
(C) IN THE CASE OF ANY PROPERTY THAT WITHIN THE PREVIOUS TWENTY-FOUR
MONTHS HAS MET THE REQUIREMENTS OF AN INSPECTION THAT QUALIFIES AS AN
ALTERNATIVE INSPECTION METHOD PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION, A PUBLIC HOUSING AGENCY MAY AUTHORIZE OCCUPANCY BEFORE THE
INSPECTION UNDER PARAGRAPH (A) OF THIS SUBDIVISION HAS BEEN COMPLETED,
AND MAY MAKE ASSISTANCE PAYMENTS RETROACTIVE TO THE BEGINNING OF THE
LEASE TERM AFTER THE UNIT HAS BEEN DETERMINED PURSUANT TO AN INSPECTION
UNDER PARAGRAPH (A) OF THIS SUBDIVISION TO MEET THE HOUSING QUALITY
STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION. THIS PARAGRAPH MAY NOT
BE CONSTRUED TO EXEMPT ANY DWELLING UNIT FROM COMPLIANCE WITH THE
REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
2. THE HOUSING QUALITY STANDARDS UNDER THIS SUBDIVISION SHALL BE STAN-
DARDS FOR SAFE AND HABITABLE HOUSING ESTABLISHED:
(A) BY THE COMMISSIONER FOR PURPOSES OF THIS SUBDIVISION; OR
(B) BY LOCAL HOUSING CODES OR BY CODES ADOPTED BY PUBLIC HOUSING AGEN-
CIES THAT:
(I) MEET OR EXCEED HOUSING QUALITY STANDARDS, EXCEPT THAT THE COMMIS-
SIONER MAY WAIVE THE REQUIREMENT UNDER THIS SUBPARAGRAPH TO SIGNIFICANT-
LY INCREASE ACCESS TO AFFORDABLE HOUSING AND TO EXPAND HOUSING OPPORTU-
NITIES FOR FAMILIES ASSISTED UNDER THIS ARTICLE, EXCEPT WHERE SUCH
WAIVER COULD ADVERSELY AFFECT THE HEALTH OR SAFETY OF FAMILIES ASSISTED
UNDER THIS ARTICLE; AND
(II) DO NOT SEVERELY RESTRICT HOUSING CHOICE.
3. THE DETERMINATION REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION
SHALL BE MADE BY THE PUBLIC HOUSING AGENCY (OR OTHER ENTITY, AS PROVIDED
IN SECTION SIX HUNDRED TWELVE OF THIS ARTICLE) PURSUANT TO AN INSPECTION
OF THE DWELLING UNIT CONDUCTED BEFORE ANY ASSISTANCE PAYMENT IS MADE FOR
THE UNIT. INSPECTIONS OF DWELLING UNITS UNDER THIS SUBDIVISION SHALL BE
MADE BEFORE THE EXPIRATION OF THE FIFTEEN DAY PERIOD BEGINNING UPON A
REQUEST BY THE RESIDENT OR LANDLORD TO THE PUBLIC HOUSING AGENCY OR, IN
THE CASE OF ANY PUBLIC HOUSING AGENCY THAT PROVIDES ASSISTANCE UNDER
THIS ARTICLE ON BEHALF OF MORE THAN ONE THOUSAND TWO HUNDRED FIFTY FAMI-
LIES, BEFORE THE EXPIRATION OF A REASONABLE PERIOD BEGINNING UPON SUCH
REQUEST. THE PERFORMANCE OF THE AGENCY IN MEETING THE FIFTEEN DAY
INSPECTION DEADLINE SHALL BE TAKEN INTO CONSIDERATION IN ASSESSING THE
PERFORMANCE OF THE AGENCY.
4. (A) EACH PUBLIC HOUSING AGENCY PROVIDING ASSISTANCE UNDER THIS
ARTICLE (OR OTHER ENTITY, AS PROVIDED IN SECTION SIX HUNDRED TWELVE OF
THIS ARTICLE) SHALL, FOR EACH ASSISTED DWELLING UNIT, MAKE INSPECTIONS
NOT LESS OFTEN THAN ANNUALLY DURING THE TERM OF THE HOUSING ASSISTANCE
PAYMENTS CONTRACT FOR THE UNIT TO DETERMINE WHETHER THE UNIT IS MAIN-
S. 2506--B 102
TAINED IN ACCORDANCE WITH THE REQUIREMENTS UNDER SUBDIVISION ONE OF THIS
SECTION.
(B) THE REQUIREMENTS UNDER PARAGRAPH (A) OF THIS SUBDIVISION MAY BE
COMPLIED WITH BY USE OF INSPECTIONS THAT QUALIFY AS AN ALTERNATIVE
INSPECTION METHOD PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
(C) THE PUBLIC HOUSING AGENCY (OR OTHER ENTITY) SHALL RETAIN THE
RECORDS OF THE INSPECTION FOR A REASONABLE TIME, AS DETERMINED BY THE
COMMISSIONER.
5. AN INSPECTION OF A PROPERTY SHALL QUALIFY AS AN ALTERNATIVE
INSPECTION METHOD FOR PURPOSES OF THIS SUBDIVISION IF:
(A) THE INSPECTION WAS CONDUCTED PURSUANT TO REQUIREMENTS UNDER A
FEDERAL, STATE, OR LOCAL HOUSING PROGRAM; AND
(B) PURSUANT TO SUCH INSPECTION, THE PROPERTY WAS DETERMINED TO MEET
THE STANDARDS OR REQUIREMENTS REGARDING HOUSING QUALITY OR SAFETY APPLI-
CABLE TO PROPERTIES ASSISTED UNDER SUCH PROGRAM, AND, IF A NON-STATE
STANDARD OR REQUIREMENT WAS USED, THE PUBLIC HOUSING AGENCY HAS CERTI-
FIED TO THE COMMISSIONER THAT SUCH STANDARD OR REQUIREMENT PROVIDES THE
SAME (OR GREATER) PROTECTION TO OCCUPANTS OF DWELLING UNITS MEETING SUCH
STANDARD OR REQUIREMENT AS WOULD THE HOUSING QUALITY STANDARDS UNDER
SUBDIVISION TWO OF THIS SECTION.
6. UPON NOTIFICATION TO THE PUBLIC HOUSING AGENCY, BY AN INDIVIDUAL OR
FAMILY (ON WHOSE BEHALF TENANT-BASED RENTAL ASSISTANCE IS PROVIDED UNDER
THIS ARTICLE) OR BY A GOVERNMENT OFFICIAL, THAT THE DWELLING UNIT FOR
WHICH SUCH ASSISTANCE IS PROVIDED DOES NOT COMPLY WITH THE HOUSING QUAL-
ITY STANDARDS UNDER SUBDIVISION TWO OF THIS SECTION, THE PUBLIC HOUSING
AGENCY SHALL INSPECT THE DWELLING UNIT:
(A) IN THE CASE OF ANY CONDITION THAT IS LIFE-THREATENING, WITHIN
TWENTY-FOUR HOURS AFTER THE AGENCY'S RECEIPT OF SUCH NOTIFICATION,
UNLESS WAIVED BY THE COMMISSIONER IN EXTRAORDINARY CIRCUMSTANCES; AND
(B) IN THE CASE OF ANY CONDITION THAT IS NOT LIFE-THREATENING, WITHIN
A REASONABLE TIME FRAME, AS DETERMINED BY THE COMMISSIONER.
7. THE COMMISSIONER SHALL ESTABLISH PROCEDURAL GUIDELINES AND PERFORM-
ANCE STANDARDS TO FACILITATE INSPECTIONS OF DWELLING UNITS AND CONFORM
SUCH INSPECTIONS WITH PRACTICES UTILIZED IN THE PRIVATE HOUSING MARKET.
SUCH GUIDELINES AND STANDARDS SHALL TAKE INTO CONSIDERATION VARIATIONS
IN LOCAL LAWS AND PRACTICES OF PUBLIC HOUSING AGENCIES AND SHALL PROVIDE
FLEXIBILITY TO AGENCIES APPROPRIATE TO FACILITATE EFFICIENT PROVISION OF
ASSISTANCE UNDER THIS SECTION.
§ 610. RENT. 1. THE RENT FOR DWELLING UNITS FOR WHICH A HOUSING
ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE SHALL BE
REASONABLE IN COMPARISON WITH RENTS CHARGED FOR COMPARABLE DWELLING
UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET.
2. A PUBLIC HOUSING AGENCY (OR OTHER ENTITY, AS PROVIDED IN SECTION
SIX HUNDRED TWELVE OF THIS ARTICLE) SHALL, AT THE REQUEST OF AN INDIVID-
UAL OR FAMILY RECEIVING TENANT-BASED ASSISTANCE UNDER THIS ARTICLE,
ASSIST THAT INDIVIDUAL OR FAMILY IN NEGOTIATING A REASONABLE RENT WITH A
DWELLING UNIT OWNER. A PUBLIC HOUSING AGENCY (OR OTHER SUCH ENTITY)
SHALL REVIEW THE RENT FOR A UNIT UNDER CONSIDERATION BY THE INDIVIDUAL
OR FAMILY (AND ALL RENT INCREASES FOR UNITS UNDER LEASE BY THE INDIVID-
UAL OR FAMILY) TO DETERMINE WHETHER THE RENT (OR RENT INCREASE)
REQUESTED BY THE OWNER IS REASONABLE. IF A PUBLIC HOUSING AGENCY (OR
OTHER SUCH ENTITY) DETERMINES THAT THE RENT (OR RENT INCREASE) FOR A
DWELLING UNIT IS NOT REASONABLE, THE PUBLIC HOUSING AGENCY (OR OTHER
SUCH ENTITY) SHALL NOT MAKE HOUSING ASSISTANCE PAYMENTS TO THE OWNER
UNDER THIS SUBDIVISION WITH RESPECT TO THAT UNIT.
S. 2506--B 103
3. IF A DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT
IS ESTABLISHED UNDER THIS ARTICLE IS EXEMPT FROM LOCAL RENT CONTROL
PROVISIONS DURING THE TERM OF THAT CONTRACT, THE RENT FOR THAT UNIT
SHALL BE REASONABLE IN COMPARISON WITH OTHER UNITS IN THE RENTAL AREA
THAT ARE EXEMPT FROM LOCAL RENT CONTROL PROVISIONS.
4. EACH PUBLIC HOUSING AGENCY SHALL MAKE TIMELY PAYMENT OF ANY AMOUNTS
DUE TO A DWELLING UNIT OWNER UNDER THIS SECTION. THE HOUSING ASSISTANCE
PAYMENT CONTRACT BETWEEN THE OWNER AND THE PUBLIC HOUSING AGENCY MAY
PROVIDE FOR PENALTIES FOR THE LATE PAYMENT OF AMOUNTS DUE UNDER THE
CONTRACT, WHICH SHALL BE IMPOSED ON THE PUBLIC HOUSING AGENCY IN ACCORD-
ANCE WITH GENERALLY ACCEPTED PRACTICES IN THE LOCAL HOUSING MARKET.
5. UNLESS OTHERWISE AUTHORIZED BY THE COMMISSIONER, EACH PUBLIC HOUS-
ING AGENCY SHALL PAY ANY PENALTIES FROM ADMINISTRATIVE FEES COLLECTED BY
THE PUBLIC HOUSING AGENCY, EXCEPT THAT NO PENALTY SHALL BE IMPOSED IF
THE LATE PAYMENT IS DUE TO FACTORS THAT THE COMMISSIONER DETERMINES ARE
BEYOND THE CONTROL OF THE PUBLIC HOUSING AGENCY.
§ 611. VACATED UNITS. IF AN ASSISTED FAMILY VACATES A DWELLING UNIT
FOR WHICH RENTAL ASSISTANCE IS PROVIDED UNDER A HOUSING ASSISTANCE
PAYMENT CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR THE
UNIT, RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY NOT BE PROVIDED
FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED.
§ 612. LEASING OF UNITS OWNED BY A PUBLIC HOUSING AGENCY. 1. IF AN
ELIGIBLE INDIVIDUAL OR FAMILY ASSISTED UNDER THIS ARTICLE LEASES A
DWELLING UNIT (OTHER THAN A PUBLIC HOUSING DWELLING UNIT) THAT IS OWNED
BY A PUBLIC HOUSING AGENCY ADMINISTERING ASSISTANCE TO THAT INDIVIDUAL
OR FAMILY UNDER THIS SECTION, THE COMMISSIONER SHALL REQUIRE THE UNIT OF
GENERAL LOCAL GOVERNMENT OR ANOTHER ENTITY APPROVED BY THE COMMISSIONER,
TO MAKE INSPECTIONS REQUIRED UNDER SECTION SIX HUNDRED NINE OF THIS
ARTICLE AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX HUNDRED TEN
OF THIS ARTICLE. THE AGENCY SHALL BE RESPONSIBLE FOR ANY EXPENSES OF
SUCH INSPECTIONS AND DETERMINATIONS.
2. FOR PURPOSES OF THIS SECTION, THE TERM "OWNED BY A PUBLIC HOUSING
AGENCY" MEANS, WITH RESPECT TO A DWELLING UNIT, THAT THE DWELLING UNIT
IS IN A PROJECT THAT IS OWNED BY SUCH AGENCY, BY AN ENTITY WHOLLY
CONTROLLED BY SUCH AGENCY, OR BY A LIMITED LIABILITY COMPANY OR LIMITED
PARTNERSHIP IN WHICH SUCH AGENCY (OR AN ENTITY WHOLLY CONTROLLED BY SUCH
AGENCY) HOLDS A CONTROLLING INTEREST IN THE MANAGING MEMBER OR GENERAL
PARTNER. A DWELLING UNIT SHALL NOT BE DEEMED TO BE OWNED BY A PUBLIC
HOUSING AGENCY FOR PURPOSES OF THIS SECTION BECAUSE THE AGENCY HOLDS A
FEE INTEREST AS GROUND LESSOR IN THE PROPERTY ON WHICH THE UNIT IS SITU-
ATED, HOLDS A SECURITY INTEREST UNDER A MORTGAGE OR DEED OF TRUST ON THE
UNIT, OR HOLDS A NON-CONTROLLING INTEREST IN AN ENTITY WHICH OWNS THE
UNIT OR IN THE MANAGING MEMBER OR GENERAL PARTNER OF AN ENTITY WHICH
OWNS THE UNIT.
§ 613. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE-
DURES WHICH ARE APPROPRIATE AND NECESSARY TO ASSURE THAT INCOME DATA
PROVIDED TO THE PUBLIC HOUSING AGENCY AND OWNERS BY INDIVIDUALS AND
FAMILIES APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS ARTICLE IS
COMPLETE AND ACCURATE. IN ESTABLISHING SUCH PROCEDURES, THE COMMISSIONER
SHALL RANDOMLY, REGULARLY, AND PERIODICALLY SELECT A SAMPLE OF FAMILIES
TO AUTHORIZE THE COMMISSIONER TO OBTAIN INFORMATION ON THESE FAMILIES
FOR THE PURPOSE OF INCOME VERIFICATION, OR TO ALLOW THOSE FAMILIES TO
PROVIDE SUCH INFORMATION THEMSELVES. SUCH INFORMATION MAY INCLUDE, BUT
IS NOT LIMITED TO, DATA CONCERNING UNEMPLOYMENT COMPENSATION AND FEDERAL
INCOME TAXATION AND DATA RELATING TO BENEFITS MADE AVAILABLE UNDER THE
SOCIAL SECURITY ACT, 42 U.S.C. 301 ET SEQ., THE FOOD AND NUTRITION ACT
S. 2506--B 104
OF 2008, 7 U.S.C. 2011 ET SEQ., OR TITLE 38 OF THE UNITED STATE CODE.
ANY SUCH INFORMATION RECEIVED PURSUANT TO THIS SECTION SHALL REMAIN
CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE OF VERIFYING INCOMES
IN ORDER TO DETERMINE ELIGIBILITY OF INDIVIDUALS AND FAMILIES FOR BENE-
FITS (AND THE AMOUNT OF SUCH BENEFITS, IF ANY) UNDER THIS ARTICLE.
§ 614. DIVISION OF AN ASSISTED FAMILY. 1. IN THOSE INSTANCES WHERE A
FAMILY ASSISTED UNDER THIS ARTICLE BECOMES DIVIDED INTO TWO OTHERWISE
ELIGIBLE INDIVIDUALS OR FAMILIES DUE TO DIVORCE, LEGAL SEPARATION OR THE
DIVISION OF THE FAMILY, WHERE THE NEW UNITS CANNOT AGREE AS TO WHICH NEW
UNIT SHOULD CONTINUE TO RECEIVE THE ASSISTANCE, AND WHERE THERE IS NO
DETERMINATION BY A COURT, THE PUBLIC HOUSING AUTHORITY SHALL CONSIDER
THE FOLLOWING FACTORS TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES
WILL CONTINUE TO BE ASSISTED:
(A) WHICH OF THE NEW UNITS HAS CUSTODY OF DEPENDENT CHILDREN;
(B) WHICH FAMILY MEMBER WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER WAS
INITIALLY ISSUED (LISTED ON THE INITIAL APPLICATION);
(C) THE COMPOSITION OF THE NEW UNITS AND WHICH UNIT INCLUDES ELDERLY
OR DISABLED MEMBERS;
(D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED IN THE BREAKUP OF THE FAMI-
LY UNIT;
(E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND
(F) RECOMMENDATIONS OF SOCIAL SERVICE PROFESSIONALS.
2. DOCUMENTATION OF THESE FACTORS WILL BE THE RESPONSIBILITY OF THE
REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED, THE PUBLIC HOUSING
AGENCY WILL TERMINATE ASSISTANCE ON THE BASIS OF FAILURE TO PROVIDE
INFORMATION NECESSARY FOR A RECERTIFICATION.
§ 615. MAINTENANCE OF EFFORT. ANY FUNDS MADE AVAILABLE PURSUANT TO
THIS ARTICLE SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF FUNDS
PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR IN
ANY COUNTY OR IN THE CITY OF NEW YORK, BUT SHALL BE USED TO SUPPLEMENT
ANY PRIOR YEAR'S EXPENDITURES. THE COMMISSIONER MAY GRANT AN EXCEPTION
TO THIS REQUIREMENT IF ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL
ENTITY OR PUBLIC BODY CAN AFFIRMATIVELY SHOW THAT SUCH AMOUNT OF FUNDS
PREVIOUSLY EXPENDED IS IN EXCESS OF THE AMOUNT NECESSARY TO PROVIDE
ASSISTANCE TO ALL INDIVIDUALS AND FAMILIES WITHIN THE AREA IN WHICH THE
FUNDS WERE PREVIOUSLY EXPENDED WHO ARE HOMELESS OR FACING AN IMMINENT
LOSS OF HOUSING.
§ 616. VOUCHERS STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED SIX OF
THIS ARTICLE, ANY VOUCHER ISSUED PURSUANT TO THIS ARTICLE MAY BE USED
FOR HOUSING ANYWHERE IN THE STATE. THE COMMISSIONER SHALL INFORM VOUCHER
HOLDERS THAT A VOUCHER MAY BE USED ANYWHERE IN THE STATE AND, TO THE
EXTENT PRACTICABLE, THE COMMISSIONER SHALL ASSIST VOUCHER HOLDERS IN
FINDING HOUSING IN THE AREA OF THEIR CHOICE.
§ 617. APPLICABLE CODES. HOUSING ELIGIBLE FOR PARTICIPATION IN THE
HOMELESS ACCESS VOUCHER PROGRAM SHALL COMPLY WITH APPLICABLE STATE AND
LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES.
§ 618. HOUSING CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE HOME-
LESS ACCESS VOUCHER PROGRAM UNDER THIS ARTICLE TO PROMOTE HOUSING CHOICE
FOR VOUCHER HOLDERS. THE COMMISSIONER SHALL AFFIRMATIVELY PROMOTE FAIR
HOUSING TO THE EXTENT POSSIBLE UNDER THIS PROGRAM.
2. NOTHING IN THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING
OBLIGATIONS PROMULGATED BY MUNICIPALITIES, LOCALITIES, OR ANY OTHER
APPLICABLE JURISDICTION.
§ 2. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
S. 2506--B 105
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART FF
Section 1. Section 22-c of the state finance law is amended by adding
a new subdivision 7 to read as follows:
7. FOR THE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND 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
OF THIS CHAPTER, THE DIRECTOR OF THE BUDGET SHALL DEVELOP FIVE-YEAR
CAPITAL PLANS WHEREBY THE IMPLEMENTATION OF EACH CAPITAL PLAN WOULD
ANNUALLY REDUCE THE OVERALL FACILITY CONDITION INDEX (FCI) FOR EACH
UNIVERSITY SYSTEM. FOR THE PURPOSES OF THIS SUBDIVISION, "FACILITY
CONDITION INDEX" SHALL MEAN AN INDUSTRY BENCHMARK THAT MEASURES THE
RATIO OF DEFERRED MAINTENANCE DOLLARS TO REPLACEMENT DOLLARS FOR THE
PURPOSES OF ANALYZING THE EFFECT OF INVESTING IN FACILITY IMPROVEMENTS.
THE APPORTIONMENT OF CAPITAL APPROPRIATIONS TO EACH STATE-OPERATED
CAMPUS OR SENIOR COLLEGE SHALL BE BASED ON A METHODOLOGY TO BE DEVELOPED
BY THE DIRECTOR OF THE BUDGET, IN CONSULTATION WITH THE STATE UNIVERSITY
OF NEW YORK AND CITY UNIVERSITY OF NEW YORK.
§ 2. This act shall take effect immediately.
PART GG
Section 1. Clause (vi) of subparagraph 4 of paragraph h of subdivision
2 of section 355 of the education law, as amended by section 1 of part
JJJ of chapter 59 of the laws of 2017, is amended to read as follows:
(vi) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO--TWO THOU-
SAND TWENTY-THREE AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT AND FRINGE BENEFITS, FOR THE
STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN
AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAIL-
ABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL
APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER
ALL MANDATORY COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY
HEALTH SCIENCE CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
COLLECTIVE BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENE-
FITS, AND OTHER NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILD-
ING RENTALS AND OTHER INFLATIONARY EXPENSES INCURRED BY THE STATE
UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS, AND ANY
INCREASE IN THE TUITION CREDIT PURSUANT TO SECTION SIX HUNDRED EIGHTY-
NINE-A OF THIS TITLE AS TUITION INCREASES ARE ENACTED BY THE BOARD OF
TRUSTEES OF THE STATE UNIVERSITY; PROVIDED, HOWEVER, THAT IF THE GOVER-
NOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, STATE
S. 2506--B 106
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) For the state university fiscal years commencing two thousand
eleven--two thousand twelve and ending two thousand fifteen--two thou-
sand sixteen, each university center may set aside a portion of its
tuition revenues derived from tuition increases to provide increased
financial aid for New York state resident undergraduate students whose
net taxable income is eighty thousand dollars or more subject to the
approval of a NY-SUNY 2020 proposal by the governor and the chancellor
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 (a) of subdivision 7 of section 6206 of the education
law is amended by adding a new subparagraph (vi) to read as follows:
(VI) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO--TWO THOU-
SAND TWENTY-THREE AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT AND FRINGE BENEFITS, FOR THE
CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO-
PRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED,
FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND
OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS
INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER NON-PERSONAL
SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA-
TIONARY EXPENSES INCURRED BY THE CITY UNIVERSITY, AND ANY INCREASE IN
THE TUITION CREDIT PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS
CHAPTER AS TUITION INCREASES ARE ENACTED BY THE BOARD OF TRUSTEES OF THE
STATE UNIVERSITY; PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A
FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRES-
IDENT OF THE SENATE AND THE 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 APPROPRI-
ATE AND MAKE AVAILABLE GENERAL FUND SUPPORT TO FULLY FUND THE TUITION
CREDIT PURSUANT TO SUBDIVISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H
OF THIS CHAPTER.
§ 3. This act shall take effect immediately provided that:
(a) the amendments to subparagraph 4 of paragraph h of subdivision 2
of section 355 of the education law made by section one of this act
shall not affect the expiration and reversion of such subparagraph
pursuant to chapter 260 of the laws of 2011, as amended, and shall
expire therewith; and
(b) the amendments to paragraph (a) of subdivision 7 of section 6206
of the education law made by section two of this act shall not affect
the expiration and reversion of such paragraph pursuant to chapter 260
of the laws of 2011, as amended, and shall expire therewith.
PART HH
S. 2506--B 107
Section 1. Paragraph h of subdivision 2 of section 355 of the educa-
tion law is amended by adding a new subparagraph 11 to read as follows:
(11) BEGINNING IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO
ACADEMIC YEAR ALL CURRENT AND FUTURE MANDATORY UNIVERSITY FEES, WITH THE
EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE,
SHALL BE CHARGED TO A STATE UNIVERSITY OF NEW YORK GRADUATE STUDENT
SERVING A FULL-TIME OR HALF-TIME APPOINTMENT AS A GRADUATE TEACHING
ASSISTANT, GRADUATE ASSISTANT, GRADUATE RESEARCH ASSISTANT, GRADUATE
RESEARCH ASSOCIATE, OR GRADUATE TEACHING ASSOCIATE AT THE FOLLOWING
RATES:
(I) IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC
YEAR SEVENTY-FIVE PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE
EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE;
(II) IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE ACADEM-
IC YEAR FIFTY PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE EXCLU-
SION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE;
(III) IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR
ACADEMIC YEAR TWENTY-FIVE PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH
THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE;
AND
(IV) BEGINNING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-
FIVE ACADEMIC YEAR AND THEREAFTER, NO MANDATORY UNIVERSITY FEES SHALL BE
CHARGED, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT
ACTIVITY FEE.
§ 2. Section 6206 of the education law is amended by adding a new
subdivision 21 to read as follows:
21. BEGINNING IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO
ACADEMIC YEAR ALL CURRENT AND FUTURE MANDATORY UNIVERSITY FEES, WITH THE
EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE,
SHALL BE CHARGED TO A CITY UNIVERSITY OF NEW YORK GRADUATE STUDENT SERV-
ING AS A GRADUATE ASSISTANT, ADJUNCT INSTRUCTOR, ADJUNCT LECTURER,
ADJUNCT COLLEGE LABORATORY TECHNICIAN OR A NON-TEACHING ADJUNCT STAFF
MEMBER AT THE FOLLOWING RATES:
A. IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC
YEAR SEVENTY-FIVE PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE
EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE;
B. IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE ACADEMIC
YEAR FIFTY PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE EXCLUSION
OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE;
C. IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR ACADEMIC
YEAR TWENTY-FIVE PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE
EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE; AND
D. BEGINNING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
ACADEMIC YEAR AND THEREAFTER, NO MANDATORY UNIVERSITY FEES SHALL BE
CHARGED, WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT
ACTIVITY FEE.
§ 3. This act shall take effect immediately.
PART II
Section 1. The education law is amended by adding a new section 6452-a
to read as follows:
§ 6452-A. DIVERSITY IN MEDICINE EDUCATIONAL OPPORTUNITY PROGRAM; STATE
UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK. 1. TO
PROVIDE ADDITIONAL EDUCATIONAL OPPORTUNITY AT THE STATE UNIVERSITY OF
NEW YORK AND THE CITY UNIVERSITY OF NEW YORK, SUCH INSTITUTIONS SHALL
S. 2506--B 108
PROVIDE SPECIAL PROGRAMS FOR THE SCREENING, TESTING, COUNSELING, AND
TUTORING OF, AND ASSISTANCE TO, RESIDENTS OF THE STATE WHO ARE, (I)
ENROLLED AT AN INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK OR THE
CITY UNIVERSITY OF NEW YORK, (II) WHO HAVE THE POTENTIAL FOR THE
SUCCESSFUL COMPLETION OF A DOCTORATE LEVEL DEGREE PROGRAM IN THE FIELD
OF MEDICINE, AND (III) ARE ELIGIBLE FOR AN OPPORTUNITY PROGRAM ESTAB-
LISHED BY SECTION SIX THOUSAND FOUR HUNDRED FIFTY-TWO OF THIS ARTICLE.
2. SUCH SCHOOLS SHALL EACH FORMULATE A GENERAL PLAN FOR THE ORGANIZA-
TION, DEVELOPMENT, CO-ORDINATION AND OPERATION OF SUCH A PROGRAM WITHIN
THE AMOUNTS MADE AVAILABLE THEREFOR BY LAW. SUCH A PLAN SHALL INCLUDE:
A. A DEFINITION OF ELIGIBILITY, PROVIDED, HOWEVER, EXCEPT FOR REQUIR-
ING RESIDENCE IN THE STATE OR IN THE CITY OF NEW YORK IN THE CASE OF
THOSE PROGRAMS PROVIDED BY THE CITY UNIVERSITY OF NEW YORK, NO SUCH
DEFINITION SHALL INCLUDE EITHER BY ITS TERMS OR IN ITS APPLICATION, ANY
CRITERIA OR STANDARD WHICH DETERMINES ELIGIBILITY BASED IN WHOLE OR IN
PART UPON THE GEOGRAPHICAL LOCALITY IN WHICH A STUDENT OR PROSPECTIVE
STUDENT RESIDES;
B. PROCEDURES FOR THE SELECTION OF STUDENTS FROM AMONG THE ELIGIBLE;
C. DESCRIPTION OF THE CONTENTS OF SUCH PROPOSED PROGRAM INCLUDING
COUNSELING, TUTORING AND SKILL DEVELOPMENT;
D. ESTIMATED COSTS;
E. OBJECTIVES INCLUDING CO-ORDINATION WITH THE INSTITUTION'S LONG
RANGE PLAN;
F. THE EXTENT OF OTHER FUNDS AND RESOURCES TO BE UTILIZED IN SUPPORT
OF THE PROGRAM;
G. PROCEDURES FOR THE EVALUATION OF STUDENT PROGRESS; AND
H. PERIODIC REPORTS.
3. THE GENERAL PLAN SHALL BE TRANSMITTED TO THE BOARD OF REGENTS AT
SUCH TIME AS THE REGENTS SHALL BY RULE REQUIRE. SUCH PLAN SHALL BE
REVIEWED BY THE REGENTS AND SHALL GUIDE AND DETERMINE THE OPERATION OF
SUCH PROGRAMS AT SUCH UNIVERSITIES.
4. A. MONEYS MADE AVAILABLE TO SUCH PURSUANT TO THIS SECTION SHALL BE
SPENT ONLY FOR THE FOLLOWING PURPOSES:
(I) SPECIAL TESTING, COUNSELING AND GUIDANCE SERVICES IN THE COURSE OF
SCREENING POTENTIAL STUDENTS;
(II) SUPPLEMENTAL TUTORING FOR COURSES CONSIDERED NECESSARY FOR
ENTRANCE INTO A SCHOOL OF MEDICINE, DEVELOPMENTAL WORKSHOPS AND COMPEN-
SATORY COURSES AND SUMMER CLASSES FOR SUCH STUDENTS;
(III) SPECIAL TUTORING, COUNSELING AND GUIDANCE SERVICES FOR STUDENTS
UPON ENROLLMENT IN A SCHOOL OF MEDICINE;
(IV) PREPARATION COURSES AND MATERIALS FOR THE MEDICAL COLLEGE ADMIS-
SION TEST (MCAT) OR SUBSEQUENT TESTING CREATED THAT MAY BE REQUIRED FOR
MEDICAL SCHOOL ADMISSION;
(V) INTERNSHIPS AND RESEARCH EXPERIENCES;
(VI) SUMMER ENRICHMENT, BRIDGE PROGRAMS, AND EXPERIENCES;
(VII) CENTRAL SERVICES INCLUDING EVALUATION AND ADMINISTRATIVE COSTS;
AND
(VIII) ANY NECESSARY SUPPLEMENTAL FINANCIAL ASSISTANCE, WHICH MAY
INCLUDE THE COST OF BOOKS AND NECESSARY MAINTENANCE FOR SUCH STUDENTS,
INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE
STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF
SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; PROVIDED,
HOWEVER, THAT SUCH SUPPLEMENTAL FINANCIAL ASSISTANCE SHALL BE FURNISHED
PURSUANT TO CRITERIA PROMULGATED BY SUCH INSTITUTIONS AND APPROVED BY
THE REGENTS AND THE DIRECTOR OF THE BUDGET.
S. 2506--B 109
B. NO FUNDS PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO
SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY INSTITUTION PARTICIPATING
IN THIS PROGRAM, NOR SHALL FUNDS BE PROVIDED FOR PROGRAMS WHICH ARE
INCOMPATIBLE WITH THE REGENTS' PLAN FOR THE EXPANSION AND DEVELOPMENT OF
HIGHER EDUCATION IN THE STATE.
5. A. THE TRUSTEES OF THE STATE UNIVERSITY AND BOARD OF HIGHER EDUCA-
TION IN THE CITY OF NEW YORK SHALL EACH FURNISH TO THE REGENTS, THE
DIRECTOR OF THE BUDGET, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND
THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, AT LEAST ANNUAL-
LY, A REPORT IN SUCH FORM, AT SUCH TIME AND CONTAINING SUCH INFORMATION
AS THE REGENTS AND THE DIRECTOR OF THE BUDGET MAY REQUIRE, OF THE OPER-
ATIONS OF SUCH PROGRAMS. THE REPORT SHALL INCLUDE:
(I) A STATEMENT OF THE OBJECTIVES OF THE PROGRAM AT THE INSTITUTION;
(II) A DESCRIPTION OF THE PROGRAM;
(III) THE BUDGETARY EXPENDITURES FOR SUCH PROGRAM, SEPARATELY STATING
ACADEMIC CREDIT INSTRUCTIONAL COSTS, OTHER INSTRUCTIONAL COSTS, TUTORING
COSTS, REMEDIATION, COUNSELING, SUPPLEMENTAL FINANCIAL ASSISTANCE AND
CENTRAL SERVICES, INCLUDING EVALUATION AND ADMINISTRATIVE COSTS;
(IV) THE EXTENT OF OTHER FUNDS AND RESOURCES USED IN SUPPORT OF SUCH
PROGRAM AND THEIR SOURCES;
(V) THE PROGRESS OF STUDENTS;
(VI) THE EXTENT AND NATURE OF THE RESPONSIBILITY EXERCISED OVER SUCH
PROGRAM BY SUCH TRUSTEES AND SUCH BOARD;
(VII) THE EXTENT AND NATURE OF SUPERVISION AND CONTROL EXERCISED OVER
SUCH PROGRAM BY THE ADMINISTRATIVE OFFICIALS OF THE CONSTITUENT INSTI-
TUTIONS IN SUCH UNIVERSITIES; AND
(VIII) A CERTIFICATION BY SUCH TRUSTEES AND SUCH BOARD THAT THE
ACADEMIC COMMITTEES OF THE CONSTITUENT INSTITUTIONS OF SUCH UNIVERSITIES
AND THEIR FACULTY COMMITTEES HAVE REVIEWED AND APPROVED THE ACADEMIC
CONTENT OF THE COURSES OFFERED FOR ACADEMIC CREDIT IN SUCH PROGRAM AND
THE AMOUNT OF ACADEMIC CREDIT GRANTED THEREFOR AND THAT THE REGISTRATION
REQUIREMENTS OF THE REGENTS AND THE COMMISSIONER HAVE BEEN MET WHERE
APPLICABLE.
B. THE REGENTS SHALL REVIEW SUCH REPORT AND FORWARD THE SAME, TOGETHER
WITH THEIR COMMENTS AND RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLA-
TURE, ON OR BEFORE DECEMBER FIRST NEXT FOLLOWING THE CLOSE OF THE
STATE'S FISCAL YEAR.
§ 2. This act shall take effect immediately.
PART JJ
Section 1. The education law is amended by adding a new section 6457
to read as follows:
§ 6457. ENHANCING SUPPORTS AND SERVICES FOR STUDENTS WITH DISABILITIES
FOR POSTSECONDARY SUCCESS. 1. FOR THE PURPOSES OF THIS SECTION,
"STUDENTS WITH DISABILITIES" SHALL MEAN INDIVIDUALS WITH A DISABILITY
WHO HAVE A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE
OR MORE MAJOR LIFE ACTIVITY OR ACTIVITIES, A RECORD OF SUCH IMPAIRMENT,
OR BEING REGARDED AS HAVING SUCH IMPAIRMENT AND WHO ARE ENROLLED IN A
DEGREE-GRANTING INSTITUTION IN NEW YORK.
2. SUBJECT TO AN APPROPRIATION, THE COMMISSIONER SHALL ALLOCATE FUNDS
AVAILABLE FOR ENHANCING SUPPORTS AND SERVICES FOR STUDENTS WITH DISABIL-
ITIES IN NEW YORK STATE DEGREE GRANTING COLLEGES AND UNIVERSITIES SO
THEY CAN SUCCEED IN THEIR EDUCATION. SUCH FUNDS SHALL BE AWARDED THROUGH
GRANTS TO INSTITUTIONS OF THE STATE UNIVERSITY AND INSTITUTIONS OF THE
CITY UNIVERSITY OF NEW YORK, AND THE COMMISSIONER SHALL ENTER INTO
S. 2506--B 110
CONTRACTS WITH DEGREE-GRANTING INSTITUTIONS IN NEW YORK THAT ARE
CURRENTLY FUNDED UNDER THE TUITION ASSISTANCE PROGRAM UNDER ARTICLE
FOURTEEN OF THIS CHAPTER FOR THE PURPOSE OF PROVIDING ADDITIONAL
SERVICES AND SUPPORTS TO EXPAND OPPORTUNITIES FOR STUDENTS WITH DISABIL-
ITIES.
3. (A) FUNDS APPROPRIATED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
TWENTY-TWO ACADEMIC YEAR AND THEREAFTER FOR THE PURPOSE OF THIS INITI-
ATIVE SHALL BE ALLOCATED PROPORTIONALLY FOR EACH STUDENT WITH A DISABIL-
ITY ENROLLED IN AN INSTITUTION OF HIGHER EDUCATION THAT SUCCESSFULLY
APPLIES FOR FUNDING PURSUANT TO SUBDIVISION SIX OF THIS SECTION BASED
UPON THE TOTAL NUMBER OF STUDENTS WITH DISABILITIES THAT ARE ENROLLED IN
ALL INSTITUTIONS OF HIGHER EDUCATION THAT SUCCESSFULLY APPLY FOR FUNDING
PURSUANT TO SUBDIVISION SIX OF THIS SECTION. THE NUMBER OF STUDENTS WITH
DISABILITIES USED FOR THIS CALCULATION SHALL BE BASED ON DATA SUBMITTED
ANNUALLY BY THE INSTITUTION TO THE COMMISSIONER THROUGH A PROCESS
REQUIRED FOR THIS PURPOSE BY THE COMMISSIONER.
(B) FUNDS SHALL BE AWARDED TO EACH INSTITUTION OF HIGHER EDUCATION
THAT SUCCESSFULLY APPLIES FOR FUNDING PURSUANT TO SUBDIVISION SIX OF
THIS SECTION DIRECTLY AND NOT THROUGH ENTITIES WHO DO NOT DIRECTLY
ENROLL STUDENTS.
4. FUNDS SHALL BE AWARDED THROUGH A FORMULA IN EQUAL AMOUNTS PER IDEN-
TIFIED STUDENT WITH A DISABILITY TO EACH INSTITUTION OF HIGHER EDUCATION
THAT SUCCESSFULLY APPLIES FOR FUNDING PURSUANT TO SUBDIVISION SIX OF
THIS SECTION. THE NUMBER OF STUDENTS WITH DISABILITIES AT EACH INSTITU-
TION SHALL BE DETERMINED BASED UPON THE DATA SUBMITTED ANNUALLY BY THE
INSTITUTION TO THE COMMISSIONER THROUGH A PROCESS REQUIRED FOR THIS
PURPOSE BY THE COMMISSIONER.
5. MONEYS MADE AVAILABLE TO INSTITUTIONS UNDER THIS SECTION SHALL BE
SPENT FOR THE FOLLOWING PURPOSES:
(A) TO SUPPLEMENT FUNDING FOR SUPPORTS AND ACCOMMODATIONS OF STUDENTS
WITH DISABILITIES TO EXPAND SUPPORTS AND SERVICES PROVIDED AT THE STATE
UNIVERSITY, THE CITY UNIVERSITY OF NEW YORK, AND OTHER DEGREE-GRANTING
HIGHER EDUCATION INSTITUTIONS;
(B) TO SUPPORT COLLEGE PREPARATION PROGRAMS TO ASSIST STUDENTS WITH
DISABILITIES IN TRANSITIONING TO COLLEGE, AND PREPARE THEM TO NAVIGATE
CAMPUS FACILITIES AND SYSTEMS;
(C) TO PROVIDE FULL AND PART-TIME FACULTY AND STAFF AT THE STATE
UNIVERSITY, THE CITY UNIVERSITY OF NEW YORK, AND OTHER DEGREE-GRANTING
HIGHER EDUCATION INSTITUTIONS WITH DISABILITY TRAINING; AND
(D) TO IMPROVE THE IDENTIFICATION PROCESS OF STUDENTS WITH DISABILI-
TIES AND ENHANCE DATA COLLECTION CAPABILITIES AT THE STATE UNIVERSITY,
THE CITY UNIVERSITY OF NEW YORK, AND OTHER DEGREE-GRANTING HIGHER EDUCA-
TION INSTITUTIONS.
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 STUDENTS WITH DISABILITIES WOULD BE ASSISTED WITH SUCH FUNDING. THE
COMMISSIONER SHALL REVIEW ALL APPLICATIONS FOR COMPLIANCE WITH ALL
ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET FORTH IN REGULATIONS OF
THE COMMISSIONER. SUCCESSFUL APPLICANTS WILL BE FUNDED AS PROVIDED IN
SUBDIVISION FOUR OF THIS SECTION.
7. NO FUNDS PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO
SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY INSTITUTION PARTICIPATING
IN THIS PROGRAM.
§ 2. This act shall take effect immediately.
S. 2506--B 111
PART KK
Section 1. Section 6808 of the education law is amended by adding a
new subdivision 9 to read as follows:
9. SUPERVISION. WHOLESALERS WHO DO NOT REPACK MAY DESIGNATE AS THE
SUPERVISOR A PERSON WHO PRESENTS EVIDENCE OF THE COMPLETION OF A MINIMUM
OF TWO YEARS OF EDUCATION BEYOND HIGH SCHOOL AND WHO HAS AT LEAST TWO
YEARS OF EXPERIENCE IN THE MANUFACTURING, REPACKING AND/OR WHOLESALING
OF DRUGS SATISFACTORY TO THE STATE BOARD OF PHARMACY. ESTABLISHMENTS
WHICH LIMIT THEIR OPERATION TO MANUFACTURING AND REPACKING OF COMPRESSED
MEDICAL GASES AND/OR WHOLESALING OF RELATED RESPIRATORY THERAPY AGENTS
SHALL HAVE EACH PERSON RESPONSIBLE FOR SUPERVISING THE MANUFACTURING,
PROCESSING, PACKING, OR HOLDING OF A DRUG PRODUCT HAVE THE EDUCATION,
TRAINING, AND EXPERIENCE, OR ANY COMBINATION THEREOF TO PERFORM ASSIGNED
FUNCTIONS IN SUCH A MANNER AS TO PROVIDE ASSURANCE THAT THE DRUG PRODUCT
HAS THE SAFETY, IDENTITY, STRENGTH, AND PURITY THAT IT PURPORTS TO
POSSESS.
§ 2. This act shall take effect immediately.
PART LL
Section 1. Clause (A) of subparagraph (i) of paragraph a of subdivi-
sion 3 of section 667 of the education law, as amended by section 1 of
part B of chapter 60 of the laws of 2000, item 1 as amended by section 1
and item 2 as amended by section 2 of part H of chapter 58 of the laws
of 2011, the opening paragraph of item 1 as amended by section 2 of part
X of chapter 56 of the laws of 2014, subitem (a) of item 1 as amended by
section 2, subitem (b) of item 1 as amended by section 3 and subitem (c)
of item 1 as amended by section 1 of part U of chapter 56 of the laws of
2014 and subitem (d) of item 1 as added by section 1 of part E of chap-
ter 58 of the laws of 2011, is amended to read as follows:
(A) (1) In the case of students who have not been granted an exclusion
of parental income, who have qualified as an orphan, foster child, or
ward of the court for the purposes of federal student financial aid
programs authorized by Title IV of the Higher Education Act of 1965, as
amended, or had a dependent for income tax purposes during the tax year
next preceding the academic year for which application is made, except
for those students who have been granted exclusion of parental income
who have a spouse but no other dependent:
(a) For students first receiving aid after nineteen hundred ninety-
three--nineteen hundred ninety-four and before two thousand--two thou-
sand one, [four thousand two hundred ninety dollars] THE SAME AMOUNT AS
IN SUBITEM (C) OF THIS ITEM; or
(b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen hundred ninety-four or earlier, [three thousand seven hundred
forty dollars] THE SAME AMOUNT AS IN SUBITEM (C) OF THIS ITEM; or
(c) For students first receiving aid in two thousand--two thousand one
and thereafter, [five] SIX thousand [dollars, except starting in two
thousand fourteen-two thousand fifteen and thereafter such students
shall receive five thousand] one hundred sixty-five dollars; or
(d) For undergraduate students enrolled in a program of study at a
non-public degree-granting institution that does not offer a program of
study that leads to a baccalaureate degree, or at a registered not-for-
profit business school qualified for tax exemption under section
501(c)(3) of the internal revenue code for federal income tax purposes
that does not offer a program of study that leads to a baccalaureate
S. 2506--B 112
degree, [four] FIVE thousand dollars. Provided, however, that this subi-
tem shall not apply to students enrolled in a program of study leading
to a certificate or degree in nursing.
(2) In the case of students receiving awards pursuant to subparagraph
(iii) of this paragraph and those students who have been granted exclu-
sion of parental income who have a spouse but no other dependent.
(a) For students first receiving aid in nineteen hundred ninety-four
--nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
teen hundred ninety-six and thereafter, [three] FOUR thousand twenty-
five dollars, or
(b) For students first receiving aid in nineteen hundred ninety-two--
nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
teen hundred ninety-four, [two thousand five hundred seventy-five
dollars] THE SAME AMOUNT AS IN SUBITEM (A) OF THIS ITEM, or
(c) For students first receiving aid in nineteen hundred ninety-one--
nineteen hundred ninety-two or earlier, [two thousand four hundred fifty
dollars] THE SAME AMOUNT AS IN SUBITEM (A) OF THIS ITEM; or
§ 2. Section 689-a of the education law, as added by chapter 260 of
the laws of 2011, is amended to read as follows:
§ 689-a. Tuition credits. 1. The New York state higher education
services corporation shall calculate a tuition credit for each resident
undergraduate student who has filed an application with such corporation
for a tuition assistance program award pursuant to section six hundred
sixty-seven of this article, and is determined to be eligible to receive
such award, and is also enrolled in a program of undergraduate study at
a state operated or senior college of the state university of New York
or the city university of New York where the annual resident undergradu-
ate tuition rate will exceed [five] SIX thousand ONE HUNDRED SIXTY-FIVE
dollars. Such tuition credit shall be calculated for each semester,
quarter or term of study that tuition is charged and tuition for the
corresponding semester, quarter or term shall not be due for any student
eligible to receive such tuition credit until such credit is calculated,
the student and school where the student is enrolled is notified of the
tuition credit amount, and such tuition credit is applied toward the
tuition charged.
2. Each tuition credit pursuant to this section shall be an amount
equal to the product of the total annual resident undergraduate tuition
rate minus [five] SIX thousand ONE HUNDRED SIXTY-FIVE dollars then
multiplied by an amount equal to the product of the total annual award
for the student pursuant to section six hundred sixty-seven of this
article divided by an amount equal to the maximum amount the student
qualifies to receive pursuant to clause (A) of subparagraph (i) of para-
graph a of subdivision three of section six hundred sixty-seven of this
article.
§ 3. Clause (vi) of subparagraph 4 of paragraph h of subdivision 2 of
section 355 of the education law, as amended by section 1 of part JJJ of
chapter 59 of the laws of 2017, is amended to read as follows:
(vi) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOU-
SAND TWENTY-TWO AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT AND FRINGE BENEFITS, FOR THE
STATE UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY
APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR;
PROVIDED, FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENER-
AL FUND OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE STATE
UNIVERSITY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE
BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER
S. 2506--B 113
NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND
OTHER INFLATIONARY EXPENSES INCURRED BY THE STATE UNIVERSITY, PROVIDED,
HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNI-
CATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE
STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPOR-
TIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT
APPLY; PROVIDED FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE
GENERAL FUND SUPPORT TO FULLY FUND THE TUITION CREDIT PURSUANT TO SUBDI-
VISION TWO OF SECTION SIX HUNDRED SIXTY-NINE-H OF THIS TITLE.
(VII) For the state university fiscal years commencing two thousand
eleven--two thousand twelve and ending two thousand fifteen--two thou-
sand sixteen, each university center may set aside a portion of its
tuition revenues derived from tuition increases to provide increased
financial aid for New York state resident undergraduate students whose
net taxable income is eighty thousand dollars or more subject to the
approval of a NY-SUNY 2020 proposal by the governor and the chancellor
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.
§ 4. Paragraph (a) of subdivision 7 of section 6206 of the education
law is amended by adding a new subparagraph (vi) to read as follows:
(VI) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOU-
SAND TWENTY-TWO AND THEREAFTER, THE STATE SHALL APPROPRIATE AND MAKE
AVAILABLE GENERAL FUND OPERATING SUPPORT AND FRINGE BENEFITS, FOR THE
CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO-
PRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED,
FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND
OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS
INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER NON-PERSONAL
SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA-
TIONARY EXPENSES INCURRED BY THE CITY UNIVERSITY, PROVIDED, HOWEVER,
THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH
EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVER-
SITY 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.
§ 5. This act shall take effect immediately provided that:
(a) the amendments to section 689-a of the education law made by
section two of this act shall not affect the repeal of such section and
shall be deemed repealed therewith;
(b) the amendments to subparagraph 4 of paragraph h of subdivision 2
of section 355 of the education law made by section three of this act
shall not affect the expiration of such subparagraph pursuant to chapter
260 of the laws of 2011, as amended, and shall expire therewith;
(c) the amendments to paragraph (a) of subdivision 7 of section 6206
of the education law made by section four of this act shall not affect
the expiration of such paragraph pursuant to chapter 260 of the laws of
2011, as amended, and shall expire therewith; and
(d) section one of this act shall take effect June 1, 2021.
S. 2506--B 114
PART MM
Section 1. Section 201 of the workers' compensation law is amended by
adding a new subdivision 24 to read as follows:
24. "EXCLUDED WORKER" MEANS AN INDIVIDUAL WHOSE PRINCIPAL PLACE OF
RESIDENCE IS IN NEW YORK STATE, AND, WHO:
(A) DOES NOT MEET THE ELIGIBILITY REQUIREMENTS:
(I) FOR UNEMPLOYMENT INSURANCE BENEFITS UNDER ARTICLE EIGHTEEN OF THE
LABOR LAW, INCLUDING BENEFITS PAYABLE TO FEDERAL CIVILIAN EMPLOYEES AND
TO EX-SERVICEMEN AND SERVICEWOMEN PURSUANT TO CHAPTER 85 OF THE UNITED
STATES CODE, AND BENEFITS AUTHORIZED TO BE USED FOR THE SELF-EMPLOYMENT
ASSISTANCE PROGRAM PURSUANT TO THE FEDERAL-STATE EXTENDED UNEMPLOYMENT
COMPENSATION ACT OF 1970, PROVIDED THAT SUCH INDIVIDUAL IS ALSO NOT
ELIGIBLE TO RECEIVE UNEMPLOYMENT INSURANCE BENEFITS UNDER COMPARABLE
LAWS IN ANY OTHER STATE AND FURTHER PROVIDED THAT SUCH INELIGIBILITY FOR
UNEMPLOYMENT INSURANCE BENEFITS IS NOT PURSUANT TO DISQUALIFICATION FOR
BENEFITS UNDER SECTION FIVE HUNDRED NINETY-THREE OF THE LABOR LAW;
(II) FOR INSURANCE OR ASSISTANCE PAYMENTS UNDER ANY PROGRAMS PROVIDED
FOR BY TITLE II OF THE FEDERAL CARES ACT; OR
(III) PAYMENTS UNDER THE PRESIDENTIAL MEMORANDUM AUTHORIZING THE OTHER
NEEDS ASSISTANCE PROGRAM FOR MAJOR DISASTER DECLARATIONS RELATED TO
CORONAVIRUS DISEASE 2019, ISSUED ON AUGUST EIGHTH, TWO THOUSAND TWENTY;
(B) HAS NOT ACTUALLY RECEIVED PAYMENTS FROM ANY OF THE SOURCES LISTED
IN PARAGRAPH (A) OF THIS SUBDIVISION, UNLESS SUCH RECEIVED PAYMENTS WERE
MADE IN ERROR BY THE ADMINISTERING AGENCY AND SUCH PAYMENTS WERE OR ARE
TO BE RECOVERED BY THE ADMINISTERING AGENCY; AND
(C) EITHER:
(I) SUFFERED A LOSS OF WORK-RELATED EARNINGS OR HOUSEHOLD INCOME DUE
TO:
(A) BECOMING OR CONTINUING STATUS AS UNEMPLOYED, PARTIALLY UNEMPLOYED,
UNABLE TO WORK, OR UNAVAILABLE TO WORK DURING THE STATE OF EMERGENCY
DECLARED BY EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY,
PROVIDED THAT FOR THE PURPOSES OF THIS SECTION, "PARTIALLY UNEMPLOYED"
SHALL MEAN WORKED THREE DAYS A WEEK OR FEWER PRIOR TO JANUARY EIGH-
TEENTH, TWO THOUSAND TWENTY-ONE, OR THIRTY HOURS A WEEK OR FEWER ON OR
AFTER JANUARY EIGHTEENTH, TWO THOUSAND TWENTY-ONE; OR
(B) THE INDIVIDUAL HAS BECOME THE BREADWINNER OR MAJOR SOURCE OF
INCOME FOR A HOUSEHOLD BECAUSE THE HEAD OF THE HOUSEHOLD HAS DIED OR
BECOME DISABLED DURING THE STATE OF EMERGENCY DECLARED BY EXECUTIVE
ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, PROVIDED THAT NO OTHER
INDIVIDUAL IN THE SAME HOUSEHOLD IS RECEIVING BENEFITS UNDER THIS ARTI-
CLE FOR THE SAME REASON; OR
(II) THE INDIVIDUAL WAS UNABLE TO OBTAIN EMPLOYMENT DURING THE STATE
OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND
TWENTY DESPITE BEING READY, WILLING, AND ABLE TO WORK, AND IS INELIGIBLE
FOR THE BENEFITS LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION DUE TO
INABILITY TO FORM AN ATTACHMENT TO THE LABOR MARKET DUE TO BEING
RELEASED FROM POST ARRAIGNMENT INCARCERATION OR DETENTION OR IMMIGRATION
DETENTION ON OR AFTER OCTOBER FIRST, TWO THOUSAND NINETEEN.
§ 2. The workers' compensation law is amended by adding a new section
207-a to read as follows:
§ 207-A. WORKERS EXCLUDED FROM UNEMPLOYMENT INSURANCE BENEFITS. 1.
ELIGIBILITY. EXCLUDED WORKERS AS DEFINED IN THIS ARTICLE SHALL BE ELIGI-
BLE FOR BENEFITS UNDER THIS SECTION UPON THE FIRST FULL DATE OF MEETING
SUCH DEFINITION AND DURING THE CONTINUANCE OF MEETING SUCH DEFINITION
DURING THE BENEFIT PERIOD, SUBJECT TO THE LIMITATIONS AS TO MAXIMUM AND
S. 2506--B 115
MINIMUM AMOUNTS AND DURATION AND OTHER CONDITIONS AND LIMITATIONS IN
THIS SECTION. THE "BENEFIT PERIOD" SHALL BE RETROACTIVE FROM ON OR AFTER
MARCH TWENTY-SEVENTH, TWO THOUSAND TWENTY BUT NO LATER THAN SEPTEMBER
SIXTH, TWO THOUSAND TWENTY-ONE.
2. BENEFIT COMPUTATION. THE WEEKLY BENEFIT OF THE EXCLUDED WORKER
SHALL BE COMPUTED AS FOLLOWS:
(A) THE WEEKLY BENEFIT WHICH THE EXCLUDED WORKER IS ENTITLED TO
RECEIVE BETWEEN MARCH TWENTY-SEVENTH, TWO THOUSAND TWENTY AND JULY THIR-
TY-FIRST, TWO THOUSAND TWENTY SHALL BE SIX HUNDRED DOLLARS, BEFORE THE
REMITTANCE OF APPLICABLE INCOME TAXES.
(B) THE WEEKLY BENEFIT WHICH THE EXCLUDED WORKER IS ENTITLED TO
RECEIVE BETWEEN AUGUST FIRST, TWO THOUSAND TWENTY AND SEPTEMBER SIXTH,
TWO THOUSAND TWENTY-ONE SHALL BE THREE HUNDRED DOLLARS, BEFORE THE
REMITTANCE OF APPLICABLE INCOME TAXES.
3. PAYMENT OF BENEFITS. (A) BENEFITS SHALL NOT BE AVAILABLE TO ANY
EXCLUDED WORKER IF SUCH EXCLUDED WORKER'S GROSS WORK-RELATED EARNINGS
RECEIVED IN THE PREVIOUS CALENDAR MONTH EXCEEDED TWO THOUSAND ONE
HUNDRED EIGHTY-TWO DOLLARS.
(B) ANY BENEFICIARY RECEIVING BENEFITS FOR ANY RETROACTIVE PERIOD OF
ELIGIBILITY PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL RECEIVE
PAYMENT IN THE FOLLOWING MANNER: (I) AS SOON AS POSSIBLE UPON CERTIF-
ICATION OF ELIGIBILITY, RECEIPT OF PAYMENT WORTH NO MORE THAN FIFTY
PERCENT OF TOTAL BENEFITS OR FIVE THOUSAND DOLLARS, WHICHEVER IS LESS;
(II) ON A WEEKLY BASIS FOLLOWING LUMP PAYMENT OF PAYMENTS PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH, TWENTY PERCENT OF THE TOTAL BENE-
FITS. THE CHAIR SHALL ENSURE THAT ALL TOTAL BENEFITS ARE PAID PURSUANT
TO THE PROVISIONS OF THIS SUBDIVISION PROVIDED THAT SUCH BENEFICIARY
CONTINUES TO CERTIFY HIS OR HER ONGOING RESIDENTIAL ELIGIBILITY ON A
WEEKLY BASIS DURING THE PENDENCY OF PAYMENT OF SUCH BENEFITS.
(C) THE CHAIR MAY ALSO BY REGULATION ESTABLISH REASONABLE PROCEDURES
FOR DETERMINING PRO RATA BENEFITS PAYABLE WITH RESPECT TO PERIODS OF
ELIGIBILITY OF LESS THAN ONE WEEK.
(D) THE CHAIR, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND
FINANCE, SHALL ENSURE THAT ALL APPLICABLE FEDERAL, STATE, AND LOCAL
INCOME TAXES ARE REMITTED PRIOR TO THE DISTRIBUTIONS OF BENEFITS TO THE
EXCLUDED WORKER.
4. APPLICATION FOR BENEFITS. NOTWITHSTANDING ANYTHING IN THIS CHAPTER
TO THE CONTRARY, EACH INDIVIDUAL ELIGIBLE FOR BENEFITS PURSUANT TO
SUBDIVISION ONE OF THIS SECTION SHALL MAKE APPLICATION TO THE CHAIR IN
SUCH FORM AND AT SUCH TIME AS THE CHAIRPERSON MAY PRESCRIBE, WHICH
APPLICATION SHALL ESTABLISH PROOF OF IDENTITY AND PROOF OF RESIDENCY
WITHIN NEW YORK STATE AS FOLLOWS:
(A) IN ORDER TO ESTABLISH IDENTITY, AN APPLICANT SHALL BE REQUIRED TO
PRODUCE ONE OR MORE OF THE FOLLOWING DOCUMENTS:
(I) A UNITED STATES OR FOREIGN PASSPORT;
(II) A UNITED STATES STATE DRIVER'S LICENSE;
(III) A UNITED STATES STATE IDENTIFICATION CARD;
(IV) A UNITED STATES PERMANENT RESIDENT CARD;
(V) A NEW YORK IDENTIFICATION CARD;
(VI) AN IDNYC OR OTHER NEW YORK MUNICIPAL OR COUNTY IDENTIFICATION
CARD;
(VII) A STUDENT IDENTIFICATION CARD;
(VIII) AN EMPLOYEE IDENTIFICATION CARD;
(IX) A CONSULAR IDENTIFICATION CARD;
S. 2506--B 116
(X) A PHOTO IDENTIFICATION CARD WITH NAME, ADDRESS, DATE OF BIRTH, AND
EXPIRATION DATE ISSUED BY ANOTHER COUNTRY TO ITS CITIZENS OR NATIONALS
AS AN ALTERNATIVE TO A PASSPORT FOR RE-ENTRY TO THE ISSUING COUNTRY;
(XI) A CERTIFIED COPY OF UNITED STATES OR FOREIGN BIRTH CERTIFICATE;
(XII) A SOCIAL SECURITY CARD;
(XIII) A NATIONAL IDENTIFICATION CARD WITH PHOTO, NAME, ADDRESS, DATE
OF BIRTH, AND EXPIRATION DATE;
(XIV) A FOREIGN DRIVER'S LICENSE;
(XV) A UNITED STATES OR FOREIGN MILITARY IDENTIFICATION CARD;
(XVI) A CURRENT VISA ISSUED BY A GOVERNMENT AGENCY;
(XVII) A UNITED STATES INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER
AUTHORIZATION LETTER;
(XVIII) AN ELECTRONIC BENEFIT TRANSFER CARD; OR
(XIX) ANY OTHER DOCUMENTATION THAT THE CHAIR DEEMS ACCEPTABLE.
(B) IN ORDER TO ESTABLISH RESIDENCY, AN APPLICANT SHALL BE REQUIRED TO
PRODUCE ONE MORE OF THE FOLLOWING ITEMS EACH OF WHICH MUST SHOW THE
APPLICANT'S NAME AND RESIDENTIAL ADDRESS LOCATED WITHIN THE STATE OF NEW
YORK AND MUST BE DATED NO MORE THAN SIXTY DAYS PRIOR TO THE DATE SUCH
DOCUMENT IS PRESENTED, EXCEPT AS OTHERWISE INDICATED IN THIS PARAGRAPH:
(I) A UTILITY BILL;
(II) A CURRENT RESIDENTIAL PROPERTY LEASE;
(III) A LOCAL PROPERTY TAX STATEMENT DATED WITHIN ONE YEAR OF THE DATE
IT IS SUBMITTED;
(IV) A LOCAL REAL PROPERTY MORTGAGE PAYMENT RECEIPT;
(V) A BANK ACCOUNT STATEMENT;
(VI) PROOF THAT THE APPLICANT HAS A MINOR CHILD CURRENTLY ENROLLED IN
A SCHOOL LOCATED WITHIN THE STATE;
(VII) AN EMPLOYMENT PAY STUB;
(VIII) A JURY SUMMONS OR COURT ORDER ISSUED BY A FEDERAL OR STATE
COURT;
(IX) A FEDERAL OR STATE INCOME TAX OR REFUND STATEMENT DATED WITHIN
ONE YEAR OF THE DATE IT IS SUBMITTED;
(X) A HOMEOWNER, RENTER, HEALTH, LIFE OR AUTOMOBILE INSURANCE BILL;
(XI) WRITTEN VERIFICATION ISSUED BY A HOMELESS SHELTER THAT RECEIVES
STATE OR MUNICIPAL FUNDING CONFIRMING AT LEAST FIFTEEN DAYS RESIDENCY;
(XII) WRITTEN VERIFICATION ISSUED BY A HOSPITAL, HEALTH CLINIC, OR
SOCIAL SERVICES AGENCY LOCATED WITHIN THE STATE OF NEW YORK CONFIRMING
AT LEAST FIFTEEN DAYS RESIDENCY; OR
(XIII) ANY OTHER DOCUMENTATION THAT THE CHAIR DEEMS ACCEPTABLE.
(C) APPLICATION FORMS PRESCRIBED BY THE CHAIR SHALL NOT STATE (I) THE
DOCUMENTS AN APPLICANT USED TO PROVE IDENTITY; (II) AN APPLICANT'S INEL-
IGIBILITY FOR A SOCIAL SECURITY NUMBER, WHERE APPLICABLE; OR (III) AN
APPLICANT'S CITIZENSHIP OR IMMIGRATION STATUS.
(D) PROOF OF ELIGIBILITY MAY BE ESTABLISHED BY DOCUMENTATION OR, IN
THE ABSENCE OF DOCUMENTATION, BY SELF-ATTESTATION IN A FORM AND MANNER
THE CHAIRPERSON SHALL PRESCRIBE, PROVIDED THAT SUCH SELF-ATTESTATION
SHALL BE A WRITTEN SWORN STATEMENT MADE UNDER PENALTY OF PERJURY.
(E) APPLICANTS SHALL NOT BE REQUIRED TO PROVE THAT THEY ARE LAWFULLY
PRESENT IN THE UNITED STATES.
(F) APPLICANTS SHALL BE REQUIRED TO PROVIDE IDENTIFICATION FOR THE
PURPOSES OF TAX REMITTANCE INCLUDING A UNITED STATES INDIVIDUAL TAXPAYER
IDENTIFICATION NUMBER (ITIN) OR ANY OTHER FORM OF VERIFICATION AUTHOR-
IZED BY THE DEPARTMENT OF TAXATION AND FINANCE. APPLICANTS SHALL FURTHER
BE REQUIRED TO SELF-CERTIFY IN A FORM AND MANNER THE CHAIR SHALL
PRESCRIBE:
S. 2506--B 117
(I) THAT THE APPLICANT MEETS THE DEFINITION OF EXCLUDED WORKER UNDER
THIS ARTICLE;
(II) THE PERIOD OF TIME WITHIN THE BENEFIT PERIOD THAT THEY WERE AN
EXCLUDED WORKER AS DEFINED BY THIS ARTICLE; AND
(III) THAT THE APPLICANT WAS OTHERWISE ABLE TO WORK AND AVAILABLE FOR
WORK DURING THE BENEFIT PERIOD EXCEPT THAT THE INDIVIDUAL WAS UNEM-
PLOYED, PARTIALLY UNEMPLOYED, UNABLE TO WORK, OR UNAVAILABLE TO WORK
DURING SUCH PERIOD OF TIME WITHIN THE BENEFIT PERIOD.
5. RECORDS OF UNEMPLOYMENT PAYMENTS. PURSUANT TO THIS SECTION, THE
COMMISSIONER OF LABOR SHALL ENSURE THAT THE DEPARTMENT OF LABOR PROVIDE
ALL NECESSARY ACCESS TO THE RECORDS OF UNEMPLOYMENT PAYMENTS AND BENE-
FITS PROVIDED TO ANY INDIVIDUAL APPLYING FOR BENEFITS UNDER THIS SECTION
FOR PURPOSES OF DETERMINING WHETHER SUCH INDIVIDUAL IS OTHERWISE INELI-
GIBLE DUE TO RECEIPT OF UNEMPLOYMENT BENEFITS. ALL INFORMATION SHALL BE
PROVIDED TO THE CHAIR IN A MANNER OTHERWISE CONSISTENT WITH ARTICLE
EIGHTEEN OF THE LABOR LAW.
6. REVIEW OF DENIED APPLICATION. ANY INDIVIDUAL CLAIMING BENEFITS
UNDER THIS SECTION WHOSE CLAIM IS REJECTED IN WHOLE OR IN PART BY THE
CHAIR SHALL BE ENTITLED TO REQUEST A REVIEW OF SUCH CLAIM. THE REVIEW
SHALL BE CONDUCTED BY A SINGLE ARBITRATOR PROCESS, PURSUANT TO RULES
PROMULGATED BY THE CHAIR, AND A DECISION ON REVIEW OF THE REJECTED CLAIM
SHALL BE DECIDED PURSUANT TO SUCH SINGLE ARBITRATOR PROCESS. DECISIONS
RENDERED UNDER THE SINGLE ARBITRATOR PROCESS SHALL BE CONCLUSIVE UPON
THE PARTIES.
7. PENALTIES FOR FRAUDULENT PRACTICES. ANY APPLICANT OR CLAIMANT WHO,
KNOWINGLY AND WITH INTENT TO DEFRAUD PRESENTS, CAUSES TO BE PRESENTED,
OR PREPARES WITH KNOWLEDGE OR BELIEF THAT IT WILL BE PRESENTED TO OR BY
THE CHAIR, OR ANY AGENT THEREOF, ANY WRITTEN STATEMENT AS PART OF, OR IN
SUPPORT OF, AN APPLICATION FOR THE ISSUANCE OF OR CLAIM FOR PAYMENT FOR
EXCLUDED WORKER BENEFITS, WHICH THE APPLICANT OR CLAIMANT KNOWS TO: (I)
CONTAIN A FALSE STATEMENT OR REPRESENTATION CONCERNING ANY FACT MATERIAL
THERETO; OR (II) OMITS ANY FACT MATERIAL THERETO, SHALL BE GUILTY OF A
CLASS E FELONY. UPON CONVICTION, THE COURT IN ADDITION TO ANY OTHER
AUTHORIZED SENTENCE, MAY ORDER FORFEITURE OF ALL RIGHTS TO COMPENSATION
OR PAYMENTS OF ANY BENEFIT, AND MAY ALSO REQUIRE RESTITUTION OF ANY
AMOUNT RECEIVED AS A RESULT OF A VIOLATION OF THIS SUBDIVISION.
CONSISTENT WITH THE PROVISIONS OF THE CRIMINAL PROCEDURE LAW, IN ANY
PROSECUTION ALLEGING A VIOLATION OF THIS SUBDIVISION IN WHICH THE ACT OR
ACTS ALLEGED MAY ALSO CONSTITUTE A VIOLATION OF THE PENAL OR OTHER LAW,
THE PROSECUTING OFFICIAL MAY CHARGE A PERSON PURSUANT TO THE PROVISIONS
OF THIS SECTION AND IN THE SAME ACCUSATORY INSTRUMENT WITH A VIOLATION
OF SUCH OTHER LAW. ANY PENALTY MONEYS SHALL BE DEPOSITED TO THE CREDIT
OF THE GENERAL FUND OF THE STATE. THE ATTORNEY GENERAL MAY PROSECUTE
EVERY PERSON CHARGED WITH THE COMMISSION OF A CRIMINAL OFFENSE IN
VIOLATION OF THIS SECTION PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF
THIS CHAPTER.
§ 3. The workers' compensation law is amended by adding a new section
214-a to read as follows:
§ 214-A. SPECIAL FUND FOR EXCLUDED WORKERS. THERE IS HEREBY CREATED A
FUND WHICH SHALL BE KNOWN AS THE SPECIAL FUND FOR EXCLUDED WORKERS, TO
PROVIDE FOR THE PAYMENT OF BENEFITS UNDER SECTION TWO HUNDRED SEVEN-A OF
THIS ARTICLE.
1. AN AMOUNT UP TO BUT NOT TO EXCEED TWO BILLION AND ONE HUNDRED
MILLION DOLLARS SHALL BE MADE AVAILABLE BY APPROPRIATION AND SHALL BE
DEPOSITED INTO THE SPECIAL FUND FOR EXCLUDED WORKERS.
S. 2506--B 118
2. ALL FUNDS PROVIDED UNDER THE PROVISIONS OF THIS SECTION SHALL BE
CREDITED TO THE FUND HEREIN ESTABLISHED AND DEPOSITED BY THE CHAIR FOR
THE BENEFIT OF THE FUND. THE SUPERINTENDENT OF FINANCIAL SERVICES MAY
EXAMINE INTO THE CONDITION OF THE FUND AT ANY TIME ON HIS OWN INITIATIVE
OR UPON THE REQUEST OF THE CHAIR.
3. MONEYS OF THE FUND SHALL NOT BE USED IN WHOLE OR IN PART FOR ANY
PURPOSE OR IN ANY MANNER WHICH (A) WOULD PERMIT ITS SUBSTITUTION FOR, OR
A CORRESPONDING REDUCTION IN, FEDERAL FUNDS THAT WOULD BE AVAILABLE IN
ITS ABSENCE TO FINANCE EXPENDITURES FOR THE ADMINISTRATION OF THIS ARTI-
CLE; OR (B) WOULD CAUSE THE APPROPRIATE AGENCY OF THE UNITED STATES
GOVERNMENT TO WITHHOLD ANY PART OF AN ADMINISTRATIVE GRANT WHICH WOULD
OTHERWISE BE MADE.
§ 4. Subdivisions 1, 2 and 3 of section 151 of the workers' compen-
sation law, subdivisions 1 and 2 as added by section 22 of part GG of
chapter 57 of the laws of 2013, subdivision 3 as amended by section 1 of
subpart J of part NNN of chapter 59 of the laws of 2017, are amended to
read as follows:
1. The annual expenses necessary for the board to administer the
provisions of this chapter, the volunteer ambulance workers' benefit
law, the volunteer firefighters' benefit law, the disability benefits
law, and the workmen's compensation act for civil defense volunteers
shall be borne by affected employers securing compensation for their
employees pursuant to section fifty of this chapter. The board shall
collect such annual expenses from affected employers through assessments
as provided by the provisions of this section, including for purposes of
this subdivision: (a) the aggregate assessment amount described in
subparagraph four of paragraph (h) of subdivision eight of section
fifteen of this chapter for the special disability fund in accordance
with each financing agreement described in such subparagraph, (b) the
aggregate assessment amount described in section fifty-c of this chapter
for the self-insurer offset fund in accordance with each financing
agreement described in such section, (c) the assessment amount described
in subdivision three of section twenty-five-a of this chapter for the
fund for reopened cases [and], (d) the assessment amount described in
section two hundred fourteen of this chapter for the special fund for
disability benefits, AND (E) THE ASSESSMENT AMOUNT DESCRIBED IN SECTION
TWO HUNDRED FOURTEEN-A OF THIS CHAPTER FOR THE SPECIAL FUND FOR EXCLUDED
WORKERS; provided, that the foregoing and any other provision of this
chapter to the contrary notwithstanding, assessment receipts shall be
applied first to fully fund the amount described in subparagraph four of
paragraph (h) of subdivision eight of section fifteen of this chapter
and then to fully fund the amount described in section fifty-c of this
chapter in accordance with each then applicable financing agreement
pursuant to such provisions prior to application to any other purpose
other than to pay any actual costs of collecting such assessment that
are not otherwise funded. For purposes of this section, affected employ-
er means all employers required to obtain workers' compensation coverage
pursuant to this chapter.
2. [On the first day of November, two thousand thirteen, and annually
thereafter, the chair shall establish an assessment rate for all
affected employers in the state of New York in an amount expected to be
sufficient to produce assessment receipts at least sufficient to fund
all estimated annual expenses pursuant to subdivision one of this
section except those expenses for which an assessment is authorized for
self-insurance pursuant to subdivision five of section fifty of this
chapter. Such rate shall be assessed effective the first of January of
S. 2506--B 119
the succeeding year and shall be based upon a single methodology deter-
mined by the chair; provided, however, that for assessments for the
special fund for excluded workers under section two hundred fourteen-a
of this chapter the chair shall establish assessment rates as follows:
The chair may also establish an additional assessment rate, not to
exceed thirty percent of annual premiums, for those affected employers
who are in default in the payment of their compensation pursuant to
subparagraph (b) of paragraph seven of subdivision three-a of section 50
of this chapter. Such additional assessment shall be collected and
remitted to the chair consistent with subdivisions four and five of this
section. The chair shall make available for public inspection an item-
ized statement of the estimated annual expenses in the office of the
board for thirty days immediately after the rate is established.
3.] The chair and department of audit and control annually as soon as
practicable after the first of April of each year shall ascertain the
actual total amount of expenses, including in addition to the direct
costs of personal service, the cost of maintenance and operation, the
cost of retirement contributions made and workers' compensation premiums
paid by the state for or on account of personnel, rentals for space
occupied in state owned or state leased buildings, such additional sum
as may be certified to the chair and the department of audit and control
as a reasonable compensation for services rendered by the department of
law and expenses incurred by such department, for transfer into the
training and educational program on occupational safety and health fund
created pursuant to chapter eight hundred eighty-six of the laws of
nineteen hundred eighty-five and section ninety-seven-c of the state
finance law, for the New York state occupational health clinics network,
for the department of labor occupational safety and health program and
for transfer into the uninsured employers' fund pursuant to subdivision
two of section twenty-six-a of this chapter, and all other direct or
indirect costs, incurred by the board in connection with the adminis-
tration of this chapter, except those expenses for which an assessment
is authorized for self-insurance pursuant to subdivision five of section
fifty of this chapter. Assessments pursuant to subparagraph four of
paragraph (h) of subdivision eight of section fifteen of this chapter
for the special disability fund, pursuant to section fifty-c of this
chapter for the self insurer offset fund, pursuant to subdivision three
of section twenty-five-a of this chapter for the fund for reopened
cases, [and] pursuant to section two hundred fourteen of this chapter
for the special fund for disability benefits, AND PURSUANT TO SECTION
TWO HUNDRED FOURTEEN-A OF THIS CHAPTER FOR THE SPECIAL FUND FOR EXCLUDED
WORKERS, shall be included in the total amount of expenses for the
purposes of this subdivision. Any overpayment of annual assessments
resulting from the requirements of this subdivision shall be applied as
a credit against the future assessment rate provided the fund balance
shall not be reduced below five percent of the total amount assessed.
§ 5. The workers' compensation law is amended by adding a new section
110-aa to read as follows:
§ 110-AA. CONFIDENTIALITY OF EXCLUDED WORKERS' RECORDS. 1.
RESTRICTIONS ON DISCLOSURE. (A) EXCEPT WHERE NECESSARY TO COMPLY WITH A
LAWFUL COURT ORDER, JUDICIAL WARRANT SIGNED BY A JUDGE APPOINTED PURSU-
ANT TO ARTICLE III OF THE UNITED STATES CONSTITUTION, OR SUBPOENA FOR
INDIVIDUAL RECORDS ISSUED PURSUANT TO THE CRIMINAL PROCEDURE LAW OR THE
CIVIL PRACTICE LAW AND RULES, OR IN ACCORDANCE WITH SUBDIVISION TWO OR
THREE OF THIS SECTION, NO RECORD OR PORTION THEREOF RELATING TO A CLAIM-
ANT OR WORKER WHO HAS FILED A CLAIM FOR BENEFITS PURSUANT TO SECTION TWO
S. 2506--B 120
HUNDRED SEVEN-A OF THIS CHAPTER IS A PUBLIC RECORD AND NO SUCH RECORD
SHALL BE DISCLOSED, REDISCLOSED, RELEASED, DISSEMINATED OR OTHERWISE
PUBLISHED OR MADE AVAILABLE.
(B) FOR PURPOSES OF THIS SECTION:
(I) "RECORD" MEANS A CLAIM FILE, A FILE REGARDING A COMPLAINT OR
CIRCUMSTANCES FOR WHICH NO CLAIM HAS BEEN MADE, AND/OR ANY RECORDS MAIN-
TAINED BY THE BOARD IN ELECTRONIC DATABASES IN WHICH INDIVIDUAL CLAIM-
ANTS OR WORKERS ARE IDENTIFIABLE, OR ANY OTHER INFORMATION RELATING TO
ANY PERSON WHO HAS HERETOFORE OR HEREAFTER FILED A CLAIM FOR BENEFITS
PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THIS CHAPTER, INCLUDING A
COPY OR ORAL DESCRIPTION OF A RECORD WHICH IS OR WAS IN THE POSSESSION
OR CUSTODY OF THE BOARD, ITS OFFICERS, MEMBERS, EMPLOYEES OR AGENTS.
(II) "PERSON" MEANS ANY NATURAL PERSON, CORPORATION, ASSOCIATION,
PARTNERSHIP, OR OTHER PUBLIC OR PRIVATE ENTITY.
(III) "INDIVIDUALLY IDENTIFIABLE INFORMATION" MEANS ANY DATA CONCERN-
ING ANY CLAIM OR POTENTIAL CLAIM THAT IS LINKED TO AN IDENTIFIABLE WORK-
ER OR OTHER NATURAL PERSON, INCLUDING BUT NOT LIMITED TO A PHOTO IMAGE,
SOCIAL SECURITY NUMBER OR TAX IDENTIFICATION NUMBER, TELEPHONE NUMBER,
PLACE OF BIRTH, COUNTRY OF ORIGIN, PLACE OF EMPLOYMENT, SCHOOL OR EDUCA-
TIONAL INSTITUTION ATTENDED, SOURCE OF INCOME, STATUS AS A RECIPIENT OF
PUBLIC BENEFITS, A CUSTOMER IDENTIFICATION NUMBER ASSOCIATED WITH A
PUBLIC UTILITIES ACCOUNT, OR MEDICAL OR DISABILITY INFORMATION.
2. AUTHORIZED DISCLOSURE. RECORDS WHICH CONTAIN INDIVIDUALLY IDENTIFI-
ABLE INFORMATION MAY, UNLESS OTHERWISE PROHIBITED BY LAW, BE DISCLOSED
TO:
(A) THOSE OFFICERS, MEMBERS AND EMPLOYEES OF THE BOARD IF SUCH DISCLO-
SURE IS NECESSARY TO THE PERFORMANCE OF THEIR OFFICIAL DUTIES PURSUANT
TO A PURPOSE OF THE BOARD REQUIRED TO BE ACCOMPLISHED BY STATUTE OR
EXECUTIVE ORDER OR OTHERWISE NECESSARY TO ACT UPON AN APPLICATION FOR
BENEFITS SUBMITTED BY THE PERSON WHO IS THE SUBJECT OF THE PARTICULAR
RECORD;
(B) OFFICERS OR EMPLOYEES OF ANOTHER GOVERNMENTAL UNIT, OR AGENTS
AND/OR CONTRACTORS OF THE GOVERNMENTAL UNIT AT THE REQUEST AND/OR DIREC-
TION OF THE GOVERNMENTAL UNIT, IF THE INFORMATION SOUGHT TO BE DISCLOSED
IS NECESSARY TO ACT UPON AN APPLICATION FOR BENEFITS SUBMITTED BY THE
PERSON WHO IS THE SUBJECT OF THE PARTICULAR RECORD;
(C) A JUDICIAL OR ADMINISTRATIVE OFFICER OR EMPLOYEE IN CONNECTION
WITH AN ADMINISTRATIVE OR JUDICIAL PROCEEDING IF THE INFORMATION SOUGHT
TO BE DISCLOSED IS NECESSARY TO ACT UPON AN APPLICATION FOR BENEFITS
SUBMITTED BY THE PERSON WHO IS THE SUBJECT OF THE PARTICULAR RECORD; AND
(D) A PERSON ENGAGED IN BONA FIDE STATISTICAL RESEARCH, INCLUDING BUT
NOT LIMITED TO ACTUARIAL STUDIES AND HEALTH AND SAFETY INVESTIGATIONS,
WHICH ARE AUTHORIZED BY STATUTE OR REGULATION OF THE BOARD OR OTHER
GOVERNMENTAL AGENCY. INDIVIDUALLY IDENTIFIABLE INFORMATION SHALL NOT BE
DISCLOSED UNLESS THE RESEARCHER HAS ENTERED INTO AN AGREEMENT NOT TO
DISCLOSE ANY INDIVIDUALLY IDENTIFIABLE INFORMATION WHICH CONTAINS
RESTRICTIONS NO LESS RESTRICTIVE THAN THE RESTRICTIONS SET FORTH IN THIS
SECTION AND WHICH INCLUDES AN AGREEMENT THAT ANY RESEARCH FINDINGS WILL
NOT DISCLOSE INDIVIDUALLY IDENTIFIABLE INFORMATION.
3. INDIVIDUAL AUTHORIZATION. NOTWITHSTANDING THE RESTRICTIONS ON
DISCLOSURE SET FORTH UNDER SUBDIVISION ONE OF THIS SECTION, A PERSON WHO
IS THE SUBJECT OF A WORKERS' COMPENSATION RECORD MAY AUTHORIZE THE
RELEASE, RE-RELEASE OR PUBLICATION OF HIS OR HER RECORD TO A SPECIFIC
PERSON NOT OTHERWISE AUTHORIZED TO RECEIVE SUCH RECORD, BY SUBMITTING
WRITTEN AUTHORIZATION FOR SUCH RELEASE TO THE BOARD ON A FORM PRESCRIBED
BY THE CHAIR OR BY A NOTARIZED ORIGINAL AUTHORIZATION SPECIFICALLY
S. 2506--B 121
DIRECTING THE BOARD TO RELEASE WORKERS' COMPENSATION RECORDS TO SUCH
PERSON. HOWEVER, IN ACCORDANCE WITH SECTION ONE HUNDRED TWENTY-FIVE OF
THIS ARTICLE, NO SUCH AUTHORIZATION DIRECTING DISCLOSURE OF RECORDS TO A
PROSPECTIVE EMPLOYER SHALL BE VALID; NOR SHALL AN AUTHORIZATION PERMIT-
TING DISCLOSURE OF RECORDS IN CONNECTION WITH ASSESSING FITNESS OR CAPA-
BILITY FOR EMPLOYMENT BE VALID, AND NO DISCLOSURE OF RECORDS SHALL BE
MADE PURSUANT THERETO. IT SHALL BE UNLAWFUL FOR ANY PERSON TO CONSIDER
FOR THE PURPOSE OF ASSESSING ELIGIBILITY FOR A BENEFIT, OR AS THE BASIS
FOR AN EMPLOYMENT-RELATED ACTION, AN INDIVIDUAL'S FAILURE TO PROVIDE
AUTHORIZATION UNDER THIS SUBDIVISION.
4. FOR THE PURPOSES OF THIS SECTION, WHENEVER DISCLOSURE OF RECORDS IS
SOUGHT PURSUANT TO A LAWFUL COURT ORDER, JUDICIAL WARRANT, OR SUBPOENA
FOR INDIVIDUAL RECORDS PROPERLY ISSUED PURSUANT TO THE CRIMINAL PROCE-
DURE LAW OR THE CIVIL PRACTICE LAW AND RULES OR PURSUANT TO SUBDIVISION
TWO OR THREE OF THIS SECTION, ONLY THOSE RECORDS, DOCUMENTS, AND INFOR-
MATION SPECIFICALLY SOUGHT MAY BE DISCLOSED, AND ANY SUCH DISCLOSURE
SHALL BE LIMITED TO SUCH RECORDS AS ARE NECESSARY TO FULFILL THE PURPOSE
OF SUCH DISCLOSURE.
5. THE CHAIR SHALL REQUIRE ANY PERSON OR ENTITY THAT RECEIVES OR HAS
ACCESS TO RECORDS TO CERTIFY TO THE CHAIR THAT, BEFORE SUCH RECEIPT OR
ACCESS, SUCH PERSON OR ENTITY SHALL NOT:
(A) USE SUCH RECORDS OR INFORMATION FOR CIVIL IMMIGRATION PURPOSES; OR
(B) DISCLOSE SUCH RECORDS OR INFORMATION TO ANY AGENCY THAT PRIMARILY
ENFORCES IMMIGRATION LAW OR TO ANY EMPLOYEE OR AGENT OF ANY SUCH AGENCY
UNLESS SUCH DISCLOSURE IS PURSUANT TO A COOPERATIVE ARRANGEMENT BETWEEN
CITY, STATE AND FEDERAL AGENCIES WHICH ARRANGEMENT DOES NOT ENFORCE
IMMIGRATION LAW AND WHICH DISCLOSURE IS LIMITED TO THE SPECIFIC RECORDS
OR INFORMATION BEING SOUGHT PURSUANT TO SUCH ARRANGEMENT. VIOLATION OF
SUCH CERTIFICATION SHALL BE A CLASS A MISDEMEANOR. IN ADDITION TO ANY
RECORDS REQUIRED TO BE KEPT PURSUANT TO SUBDIVISION (C) OF SECTION 2721
OF TITLE 18 OF THE UNITED STATES CODE, ANY PERSON OR ENTITY CERTIFYING
PURSUANT TO THIS PARAGRAPH SHALL KEEP FOR A PERIOD OF FIVE YEARS RECORDS
OF ALL USES AND IDENTIFYING EACH PERSON OR ENTITY THAT PRIMARILY
ENFORCES IMMIGRATION LAW THAT RECEIVED DEPARTMENT RECORDS OR INFORMATION
FROM SUCH CERTIFYING PERSON OR ENTITY. SUCH RECORDS SHALL BE MAINTAINED
IN A MANNER AND FORM PRESCRIBED BY THE CHAIR AND SHALL BE AVAILABLE FOR
INSPECTION BY THE CHAIR OR HIS OR HER DESIGNEE UPON HIS OR HER REQUEST.
(C) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "AGENCY THAT PRIMARILY
ENFORCES IMMIGRATION LAW" SHALL INCLUDE, BUT NOT BE LIMITED TO, UNITED
STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AND UNITED STATES CUSTOMS AND
BORDER PROTECTION, AND ANY SUCCESSOR AGENCIES HAVING SIMILAR DUTIES.
(D) FAILURE TO MAINTAIN RECORDS AS REQUIRED BY THIS SUBDIVISION SHALL
BE A CLASS A MISDEMEANOR.
6. EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, ANY PERSON WHO KNOW-
INGLY AND WILLFULLY OBTAINS RECORDS WHICH CONTAIN INDIVIDUALLY IDENTIFI-
ABLE INFORMATION UNDER FALSE PRETENSES OR OTHERWISE VIOLATES THIS
SECTION SHALL BE GUILTY OF A CLASS E FELONY.
7. IN ADDITION TO OR IN LIEU OF ANY CRIMINAL PROCEEDING AVAILABLE
UNDER THIS SECTION, WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION,
APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE
PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDIC-
TION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO
THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFAC-
TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED
THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE,
S. 2506--B 122
ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY
SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL
AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION, AND NOT MORE THAN ONE
THOUSAND DOLLARS FOR THE SECOND OR SUBSEQUENT VIOLATION WITHIN A THREE
YEAR PERIOD. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE
ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF
THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL
PRACTICE LAW AND RULES.
§ 6. This act shall take effect immediately.
PART NN
Section 1. Section 106 of the social services law, as amended by
section 1 of part S of chapter 56 of the laws of 2014, is amended to
read as follows:
§ 106. Powers of social services official to receive and dispose of a
deed, mortgage, or lien. 1. A social services official responsible, by
or pursuant to any provision of this chapter, for the administration of
assistance [or care] granted or applied for [may] SHALL NOT accept a
deed of real property and/or a mortgage thereon on behalf of the social
services district for the assistance [and care] of a person at public
expense [but such property shall not be considered as public property
and shall remain on the tax rolls and such deed or mortgage shall be
subject to redemption as provided in paragraph (a) of subdivision six
hereof].
2. [A social services official may not assert any claim under any
provision of this section to recover] (A) NOTWITHSTANDING SUBDIVISION
ONE OF THIS SECTION, IF, PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS SECTION, A SOCIAL
SERVICES OFFICIAL ACCEPTED A DEED OF REAL PROPERTY AND/OR A MORTGAGE ON
BEHALF OF THE SOCIAL SERVICES DISTRICT FOR THE ASSISTANCE OF A PERSON AT
PUBLIC EXPENSE, SUCH SOCIAL SERVICES OFFICIAL SHALL NOT ASSERT ANY CLAIM
UNDER ANY PROVISION OF THIS SECTION TO RECOVER:
(1) payments made as part of Supplemental Nutrition Assistance Program
(SNAP), child care services, Emergency Assistance to Adults or the Home
Energy Assistance Program (HEAP)[.
3. A social services official may not assert any claim under any
provision of this section to recover];
(2) payments of public assistance if such payments were reimbursed by
child support collections[.
4. A social services official may not assert any claim under any
provision of this section to recover];
(3) payments of public assistance unless, before [it has accepted] a
deed or mortgage WAS ACCEPTED from an applicant or recipient, [it has]
THE OFFICIAL first received a signed acknowledgment from the applicant
or recipient acknowledging that:
[(a)] A. benefits provided as part of Supplemental Nutrition Assist-
ance Program (SNAP), child care services, Emergency Assistance to Adults
or the Home Energy Assistance Program (HEAP) may not be included as part
of the recovery to be made under the mortgage or lien; and
S. 2506--B 123
[(b)] B. if the applicant or recipient declines to provide the lien or
mortgage the children in the household SHALL remain eligible for public
assistance.
[5. (a)] (B) SUCH PROPERTY SHALL NOT BE CONSIDERED PUBLIC PROPERTY AND
SHALL REMAIN ON THE TAX ROLLS AND SUCH DEED OR MORTGAGE SHALL BE SUBJECT
TO REDEMPTION AS PROVIDED IN SUBPARAGRAPH ONE OF PARAGRAPH (D) OF THIS
SUBDIVISION.
(C) (1) Until a deed, mortgage, or lien, accepted prior to [or after]
the effective date of this [act,] SECTION is satisfied or otherwise
disposed of, the social services district shall issue and mail to the
last known address of the person [giving] WHO GAVE such deed or mort-
gage, or his or her estate or those entitled thereto, a biennial
accounting of the public assistance incurred and repairs and taxes paid
on property. The social services district shall provide such accounting
no later than February first, two thousand sixteen and biennially there-
after.
[(b)] (2) Such accounting shall include information regarding the debt
owed as of the end of the district's most recent fiscal year including,
but not limited to:
[(1)] A. an enumeration of all public assistance incurred by the
person [giving] WHO GAVE such deed or mortgage or his or her household
to date;
[(2)] B. the current amount of recoverable public assistance under the
deed or mortgage;
[(3)] C. the amount of any credits against public assistance including
but not limited to:
[A.] (I) the amount of child support collected and retained by the
social services district as reimbursement for public assistance;
[B.] (II) recoveries made under section one hundred four of this
title;
[C.] (III) recoveries made under section one hundred thirty-one-r of
this chapter.
[(4)] D. Said accounting shall also provide information regarding the
manner in which payments may be made to the social services district to
reduce the amount of the mortgage or lien.
[(c)] (3) In the event that a biennial accounting is not issued and
mailed to the last known address of the person [giving] WHO GAVE such
deed or mortgage or his or her estate or those entitled thereto, within
the time period required in [paragraph (a) of this subdivision] SUBPARA-
GRAPH ONE OF THIS PARAGRAPH, no public assistance shall be recoverable
under this section for the previous two fiscal years. In the event that
a biennial accounting is not issued and mailed to the last known address
of the person [giving] WHO GAVE such deed or mortgage or his or her
estate or those entitled thereto, within the time period required in
[paragraph (a) of this subdivision] SUBPARAGRAPH ONE OF THIS PARAGRAPH,
and such person has received no recoverable public assistance in the
district's most recent fiscal year, no public assistance shall be recov-
erable under this section for the most recent two fiscal years where
public assistance remains recoverable.
[6. (a) (1)] (D) (1) A. Until such property or mortgage is sold,
assigned or foreclosed pursuant to law by the social services official,
the person [giving] WHO GAVE such deed or mortgage, or his OR HER estate
or those entitled thereto, may redeem the same by the payment of all
expenses incurred for the support of the person, and for repairs and
taxes paid on such property, provided, however, that a social services
official may enter into a contract for such redemption, subject to the
S. 2506--B 124
provisions of this [paragraph] SUBPARAGRAPH, and containing such terms
and conditions, including provisions for periodic payments, without
interest, for an amount less than the full expenses incurred for the
support of the person and for repairs and taxes paid on such property
(hereinafter called a "lesser sum"), which lesser sum shall in no event
be less than the difference between the appraised value of such property
and the total of the then unpaid principal balance of any recorded mort-
gages and the unpaid balance of sums secured by other liens against such
property.
[(2)] B. In the case of a redemption for a lesser sum, the social
services official shall obtain (i) an appraisal of the current market
value of such property, by an appraiser acceptable to both parties, and
(ii) a statement of the principal balance of any recorded mortgages or
other liens against such property (excluding the debt secured by the
deed, mortgage or lien of the social services official). Any expenses
incurred pursuant to this [paragraph] SUBPARAGRAPH shall be audited and
allowed in the same manner as other official expenses.
[(3)] C. Every redemption contract for any lesser sum shall be
approved by the department upon an application by the social services
official containing the appraisal and statement required by [subpara-
graph two] CLAUSE B OF THIS SUBPARAGRAPH, a statement by the social
services official of his OR HER reasons for entering into the contract
for such lesser sum and any other information required by regulations of
the department.
[(4)] D. So long as the terms of the approved redemption contract are
performed, no public sale of such property shall be held.
[(5)] E. The redemption for a lesser sum shall reduce the claim of the
social services official against the recipient on the implied contract
under section one hundred four of this [chapter] TITLE or under any
other law, to the extent of all sums paid in redemption.
[(b)] (2) In order to allow a minimum period for redemption, the
social services official shall not sell the property or mortgage until
after the expiration of one year from the date he OR SHE received the
deed or mortgage, but if unoccupied property has not been redeemed with-
in six months from the date of death of the person who conveyed it to
him OR HER by deed the social services official may thereafter, and
before the expiration of such year, sell the property.
[(c)] (3) Except as otherwise provided in this chapter, upon the death
of the person or his OR HER receiving institutional care, if the mort-
gage has not been redeemed, sold or assigned, the social services offi-
cial may enforce collection of the mortgage debt in the manner provided
for the foreclosure of mortgages by action.
[(d)](4) Provided the department shall have given its approval in
writing, the social services official may, when in his OR HER judgment
it is advisable and in the public interest, release a part of the prop-
erty from the lien of the mortgage to permit, and in consideration of,
the sale of such part by the owner and the application of the proceeds
to reduce said mortgage or to satisfy and discharge or reduce a prior or
superior mortgage.
[(e)](5) While real property covered by a deed or mortgage is occu-
pied, in whole or in part, by an aged, blind or disabled person who
executed such deed or mortgage to the social services official for old
age assistance, assistance to the blind or aid to the disabled granted
to such person before January first, nineteen hundred seventy-four, the
social services official shall not sell the property or assign or
enforce the mortgage unless it appears reasonably certain that the sale
S. 2506--B 125
or other disposition of the property will not materially adversely
affect the welfare of such person. After the death of such person no
claim for assistance granted him OR HER shall be enforced against any
real property while it is occupied by the surviving spouse.
[(f)](6) Except as otherwise provided, upon the death of a person who
executed a lien to the social services official in return for old age
assistance, assistance to the blind or aid to the disabled granted prior
to January first, nineteen hundred seventy-four, or before the death of
such person if it appears reasonably certain that the sale or other
disposition of the property will not materially adversely affect the
welfare of such person, the social services official may enforce such
lien in the manner provided by article three of the lien law. After the
death of such person the lien may not be enforced against real property
while it is occupied by the surviving spouse.
[7.](E) The sale of any parcel of real property or mortgage on real
property by the social services official, under the provisions of this
section, shall be made at a public sale, held at least two weeks after
notice thereof shall have been published in a newspaper having a general
circulation in that section of the county in which the real property is
located. Such notice shall specify the time and place of such public
sale and shall contain a brief description of the premises to be sold,
or upon which the mortgage is a lien, as the case may be. Unless in the
judgment of the social services official, it shall be in the public
interest to reject all bids, such parcel or mortgage shall be sold to
the highest responsible bidder.
[8.](F) It is permissible for social services officials to subordinate
a mortgage taken on behalf of the social services district pursuant to
this section. In the event that a social services official determines to
subordinate a mortgage, or lien, he or she shall do so within thirty
days of receipt of written notice that the mortgagor is attempting to
modify their mortgage that is held by a mortgagee with superior lien
rights and subordination of the social services district's mortgage is
required by such mortgagee in order for it to approve or complete the
modification.
§ 2. Section 360 of the social services law, as added by chapter 722
of the laws of 1951, subdivisions 1 and 3 as amended by section 92 of
part B of chapter 436 of the laws of 1997, subdivision 2 as amended by
chapter 909 of the laws of 1974, and subdivision 4 as amended by chapter
803 of the laws of 1959, is amended to read as follows:
§ 360. Real property of legally responsible relatives[; deeds and
mortgages may be required]. [1.] The ownership of real property by an
applicant or applicants, recipient or recipients who is or are legally
responsible relatives of the child or children for whose benefit the
application is made or the aid is granted, whether such ownership be
individual or joint as tenants in common, tenants by the entirety or
joint tenants, shall not preclude the granting of family assistance or
the continuance thereof if he or they are without the necessary funds to
maintain himself, herself or themselves and such child or children.
[The social services official may, however, require, as a condition to
the granting of aid or the continuance thereof, that he or she be given
a deed of or a mortgage on such property in accordance with the
provisions of section one hundred six.
2. However, while the property covered by the deed or mortgage is
occupied, in whole or in part, by the responsible relative who gave such
deed or mortgage to the social services official or, by a child for
whose benefit the aid was granted the social services official shall not
S. 2506--B 126
sell the property or assign or enforce the mortgage without the written
consent of the department; and, when the property is occupied by such
child, such consent shall not be given unless it appears reasonably
certain that the sale or other disposition of the property will not
materially adversely affect the welfare of such child.
3. The net amount recovered by the social services department from
such property, less any expenditures approved by the department for the
burial of the relative or the child who dies while in receipt of aid
under this title, shall be used to repay the social services district,
the state and the federal government their proportionate share of the
cost of family assistance granted. The state and federal share shall be
paid by the social services district to the state and the manner and
amount of such payment shall be determined in accordance with the regu-
lations of the department.
4. If any balance remains it shall belong to the estate of the legal-
ly responsible relative or relatives and the public welfare district
shall forthwith credit the same accordingly, and, provided they claim it
within four years thereafter, pay it to the persons entitled thereto.
If not so claimed within four years it shall be deemed abandoned proper-
ty and be paid to the state comptroller pursuant to section thirteen
hundred five of the abandoned property law.
5. The proceeds or moneys due the United States shall be paid or
reported in such manner and at such times as the federal security agency
or other authorized federal agency may direct.]
§ 3. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.
PART OO
Section 1. Subdivision (h) of section 4 of part A-4 of chapter 58 of
the laws of 2006 enacting the "city of Syracuse and the board of
education of the city school district of the city of Syracuse cooper-
ative school reconstruction act", as amended by chapter 459 of the laws
of 2013, is amended to read as follows:
(h) "Project" shall mean work at an existing school building site that
involves the design, reconstruction, or rehabilitation of an existing
school building for its continued use as a school of the city school
district, which may include an addition to an existing school building
for such continued use at a cost, for such addition, of, for projects
identified in subdivision (a) of section five of this act, no more than
nine million dollars, and, for projects identified in subdivision (b)
AND (C) of section five of this act, no more than twenty million
dollars, and which also may include (1) the construction or recon-
struction of athletic fields, playgrounds, and other recreational facil-
ities for such existing school building, and/or (2) the acquisition and
installation of all equipment necessary and attendant to and for the use
of such existing school building and/or the acquisition of additional
real property necessary for the project.
§ 2. Section 5 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction act",
as amended by chapter 9 of the laws of 2014, is amended to read as
follows:
§ 5. (a) No more than seven projects, one each at the Central High
School, the Blodgett School, the Shea Middle School, the H.W. Smith
Elementary School, the Clary Middle School, the Dr. Weeks Elementary
S. 2506--B 127
School and the Fowler High School, up to a total cost of two hundred
twenty-five million dollars; and (b) no more than twenty projects which
shall be located at the Bellevue Elementary School, the Clary Middle
School, the Corcoran High School, the Danforth Middle School, the Edward
Smith K-8 School, the Expeditionary Learning Middle School, the Fowler
High School, the Frazer K-8 School, the Grant Middle School, the Grey-
stone Building, the Henninger High School, the Huntington K-8 School,
the Nottingham High School, the Shea Middle School and the Westside
Academy at Blodgett, up to a total cost of three hundred million
dollars; AND (C) NO MORE THAN 10 PROJECTS, WHICH SHALL BE LOCATED AT THE
STEM AT BLODGETT MIDDLE SCHOOL, THE CORCORAN HIGH SCHOOL, THE DELAWARE
PRIMARY SCHOOL, THE HENNINGER HIGH SCHOOL, THE SYRACUSE LATIN SCHOOL,
THE LINCOLN MIDDLE SCHOOL, THE NOTTINGHAM HIGH SCHOOL, THE ROBERTS
PREK-8 SCHOOL, THE SEYMOUR DUAL LANGUAGE ACADEMY AND THE WEBSTER ELEMEN-
TARY SCHOOL, UP TO A TOTAL COST OF THREE HUNDRED MILLION DOLLARS, shall
be authorized and undertaken pursuant to this act, unless otherwise
authorized by law.
§ 3. Sections 6 and 7 of part A-4 of chapter 58 of the laws of 2006
enacting the "city of Syracuse and the board of education of the city
school district of the city of Syracuse cooperative school recon-
struction act", as amended by chapter 459 of the laws of 2013, are
amended to read as follows:
§ 6. (1) Before formal selection of the projects identified in subdi-
vision (a) of section five of this act occurs, the JSC board shall
develop a comprehensive plan recommending and outlining the projects it
proposes to be potentially undertaken pursuant to this act. Such plan
shall include: (a) an estimate of total costs to be financed, proposed
financing plan, proposed method of financing, terms and conditions of
the financing, estimated financing costs, and, if city general obli-
gation bonds or notes are not proposed as the method of financing, a
comparison of financing costs between such bonds or notes and the
proposed method of financing. The plan should also address what specific
options would be used to ensure that sufficient resources exist to cover
the local share of any such project cost on an annual basis; (b) infor-
mation concerning the potential persons to be involved in the financing
and such person's role and responsibilities; (c) estimates on the
design, reconstruction and rehabilitation costs by project, any adminis-
trative costs for potential projects, and an outline of the time-frame
expected for completion of each potential project; (d) a detailed
description of the request for proposals process and an outline of the
criteria to be used for selection of the program manager and all
contractors; (e) any proposed amendments to the city school district's
five year capital facilities plan submitted in accordance with subdivi-
sion 6 of section 3602 of the education law and the regulations of the
commissioner; and (f) a diversity plan, in compliance with subdivision
(b) of section eight of this act, to develop diversity goals, including
appropriate community input and public discussion, and develop strate-
gies that would create and coordinate any efforts to ensure a more
diverse workforce for the projects. The diversity plan should address
accountability for attainment of the diversity goals, what forms of
monitoring would be used, and how such information would be publicly
communicated.
Prior to the development of the comprehensive plan, the JSC board
shall hold as many public hearings as may be necessary to ensure suffi-
cient public input and allow for significant public discussion on the
S. 2506--B 128
school building needs in such city, with at least one hearing to be held
in each neighborhood potentially impacted by a proposed project.
The JSC board shall submit the components of such comprehensive plan
outlined in paragraph (a) of subdivision one of this section to the
comptroller, along with any other information requested by the comp-
troller, for his or her review and approval.
(2) Before formal selection of the projects pursuant to subdivision
(b) AND (C) of section five of this act occurs, the city school district
shall provide to the JSC board a comprehensive draft plan recommending
and outlining the projects it proposes to be potentially undertaken
pursuant to this act. Such plan will be subject to the review and
approval of the JSC board and shall include: (a) an estimate of total
costs to be financed, proposed financing plan, proposed method of
financing, terms and conditions of the financing, estimated financing
costs, and, if city general obligation bonds or notes are not proposed
as the method of financing, a comparison of financing costs between such
bonds or notes and the proposed method of financing. The plan should
also address what specific options would be used to ensure that suffi-
cient resources exist to cover the local share of any such project cost
on an annual basis; (b) information concerning the potential persons to
be involved in the financing and such person's role and responsibil-
ities; (c) estimates on the design, reconstruction and rehabilitation
costs by project, any administrative costs for potential projects, and
an outline of the time-frame expected for completion of each potential
project; (d) a detailed description of the request for proposals process
and an outline of the criteria to be used for selection of the program
manager and all contractors; (e) any proposed amendments to the city
school district's five year capital facilities plan submitted in accord-
ance with subdivision 6 of section 3602 of the education law and the
regulations of the commissioner; and (f) a diversity plan, in compliance
with subdivision (b) of section eight of this act, to develop diversity
goals, including appropriate community input and public discussion, and
develop strategies that would create and coordinate any efforts to
ensure a more diverse workforce for the projects. The diversity plan
should address accountability for attainment of the diversity goals,
what forms of monitoring would be used, and how such information would
be publicly communicated.
As part of the development of the comprehensive plan, the school
district shall hold as many public hearings as may be necessary to
ensure sufficient public input and allow for significant public
discussion on the school building needs in such city, with at least one
hearing to be held in each neighborhood potentially impacted by a
proposed project.
The JSC board shall submit the components of such comprehensive plan
outlined in paragraph (a) of subdivision two of this section to the
comptroller, along with any other information requested by the comp-
troller, for his or her review and approval.
§ 7. (a) Notwithstanding any general, special or local law to the
contrary and upon approval by the comptroller pursuant to section six of
this act, the city school district may select projects, pursuant to
subdivision (a) of section five of this act to be undertaken pursuant to
this act, as provided for in such approved comprehensive plan. After the
city school district has selected a new project and plans and specifica-
tions for such project have been prepared and approved by the city
school district, which are consistent with the approved comprehensive
plan, the city school district shall deliver such plans and specifica-
S. 2506--B 129
tions to the city, for approval by such city, acting through the common
council, and after the common council has approved such plans and spec-
ifications, the city shall deliver them to the commissioner for his or
her approval. After approval by the commissioner, the plans and spec-
ifications shall be returned to the city school district and such
district shall then deliver them to the JSC board. All such specifica-
tions shall detail the number of students the completed project is
intended to serve, the site description, the types of subjects to be
taught, the types of activities for school, recreational, social, safe-
ty, or other purposes intended to be incorporated in the school building
or on its site and such other information as the city school district,
the city, the common council, and the commissioner shall deem necessary
or advisable.
(b) Notwithstanding any general, special or local law to the contrary
and upon approval by the comptroller pursuant to section six of this
act, the city school district may select projects, pursuant to subdivi-
sion (b) AND (C) of section five of this act to be undertaken pursuant
to this act, as provided for in such approved comprehensive plan. After
the city school district has selected a new project and plans and spec-
ifications for such project have been prepared and approved by the city
school district in consultation with the city engineer, which are
consistent with the approved comprehensive plan, the city school
district shall deliver such plans and specifications to the commissioner
for his or her approval. After approval by the commissioner, the plans
and specifications shall be delivered to the JSC board. All such spec-
ifications shall detail the number of students the completed project is
intended to serve, the site description, the types of subjects to be
taught, the types of activities for school, recreational, social, safe-
ty, or other purposes intended to be incorporated in the school building
or on its site and such other information as the city school district,
the city engineer, and the commissioner shall deem necessary or advis-
able.
(c) Notwithstanding any other provision of law to the contrary, if the
total project cost associated with the projects authorized pursuant to
subdivision (b) AND (C) of section five of this act exceeds the esti-
mated total project cost of 300 million dollars, then the JSC board
shall report such information, along with explanatory documentation
regarding the increase in cost, to the governor, the New York state
comptroller, the commissioner, the temporary president of the senate and
the speaker of the assembly.
(d) Notwithstanding any other provision of law to the contrary, the
JSC board shall submit estimated project costs for the projects author-
ized pursuant to subdivision (b) AND (C) of section five of this act
after the completion of schematic plans and specifications for review by
the commissioner. If the total project costs associated with such
projects exceed the sum of the estimated individual approved cost allow-
ance of each building project by more than the lesser of 30 million
dollars or ten percent of the approved costs, and the city school
district has not otherwise demonstrated to the satisfaction of the New
York state education department the availability of additional local
shares for such excess costs, then the JSC board shall not proceed with
the preparation of final plans and specifications for such projects
until the projects have been redesigned or value-engineered to reduce
estimated project costs so as not to exceed the above cost limits.
(e) Notwithstanding any other provision of law to the contrary, the
JSC board shall submit estimated project costs for the projects author-
S. 2506--B 130
ized pursuant to subdivision (b) AND (C) of section five of this act
after the completion of fifty percent of the final plans and specifica-
tions for review by the commissioner. If the total project costs associ-
ated with such projects exceed the sum of the estimated individual
approved cost allowance of each building project by more than the lesser
of 30 million dollars or ten percent of the approved costs, and the city
school district has not otherwise demonstrated to the satisfaction of
the New York state education department the availability of additional
local share for such excess costs, then the JSC board shall not proceed
with the completion of the remaining fifty percent of the plans and
specifications for such projects until the projects have been redesigned
or value-engineered to reduce estimated project costs so as not to
exceed the above cost limits.
§ 4. Subdivision (a) of section 10 of part A-4 of chapter 58 of the
laws of 2006 enacting the "city of Syracuse and the board of education
of the city school district of the city of Syracuse cooperative school
reconstruction act", as amended by chapter 459 of the laws of 2013, are
amended to read as follows:
(a) The JSC board may require a contractor awarded a public contract,
subcontract or other agreement for a project to enter into a project
labor agreement during and for the work involved with such project when
such requirement is part of the JSC board's specifications for the
project and when the JSC board determines that the record supporting the
decision to enter into such an agreement establishes that it is justi-
fied by the interests underlying the competitive bidding laws. In addi-
tion, the JSC board may choose to extend the project labor agreement
entered into for the first OR SECOND phase of the JSC construction
projects to the projects authorized herein, contingent upon the
completion of a supplemental project labor agreement benefits analysis.
§ 5. Section 11 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction
act", as amended by chapter 459 of the laws of 2013, is amended to read
as follows:
§ 11. (a) All contracts entered into by the JSC board for projects
pursuant to subdivision (a) of section five of this act shall be managed
by an independent program manager. Selection of the program manager
shall be pursuant to the competitive process established in section
seven of this act. The program manager shall have experience in plan-
ning, designing, and constructing new and/or reconstructing existing
school buildings, public facilities, commercial facilities, and/or
infrastructure facilities, and in the negotiation and management of
labor contracts and agreements, training programs, educational programs,
and physical technological requirements for educational programs. The
program manager shall manage all projects undertaken pursuant to subdi-
vision (a) of section five of this act, review project schedules, review
payment schedules, prepare cost estimates and assess the safety programs
of contractors and all training programs, if required. The program
manager shall implement procedures for verification by it that all work
for which payment has been requested has been satisfactorily completed.
(b) All construction and design contracts entered into by the JSC
board for projects pursuant to subdivision (b) of section five of this
act shall be managed by the city engineer in agreement with the school
district or, at the discretion of the JSC board, an independent program
manager or construction managers selected for one or more projects.
Selection of the program manager and/or the construction manager or
S. 2506--B 131
managers shall be pursuant to a competitive process established in
accordance with the city's standard request for proposals process using
the JSC board as the approving governing body instead of the common
council for such contract awards. The program manager shall have experi-
ence in planning, designing, and constructing new and/or reconstructing
existing school buildings in New York state, public facilities, commer-
cial facilities, and/or infrastructure facilities, and in the negoti-
ation and management of labor contracts and agreements, training
programs, educational programs, and physical technological requirements
for educational programs. The program manager shall manage all projects
assigned by the JSC board to the program manager and undertaken pursuant
to subdivision (b) of section five of this act, review project sched-
ules, review payment schedules, prepare cost estimates and assess the
safety programs of contractors and all training programs, if required.
The program manager shall implement procedures for verification by it
that all work for which payment has been requested has been satisfac-
torily completed. Provided, however, that the JSC board may choose to
utilize the services of an independent construction manager at one or
more of the projects to be authorized herein with said construction
manager managing the project within the management plan set forth by the
independent program manager and the JSC board.
(c) ALL CONSTRUCTION AND DESIGN CONTRACTS ENTERED INTO BY THE JSC
BOARD FOR PROJECTS PURSUANT TO SUBDIVISION (C) OF SECTION FIVE OF THIS
ACT SHALL BE MANAGED BY THE CITY ENGINEER IN AGREEMENT WITH THE SCHOOL
DISTRICT OR, AT THE DISCRETION OF THE JSC BOARD, AN INDEPENDENT PROGRAM
MANAGER OR CONSTRUCTION MANAGERS SELECTED FOR ONE OR MORE PROJECTS.
SELECTION OF THE PROGRAM MANAGER AND/OR THE CONSTRUCTION MANAGER OR
MANAGERS SHALL BE PURSUANT TO A COMPETITIVE PROCESS ESTABLISHED IN
ACCORDANCE WITH THE CITY'S STANDARD REQUEST FOR PROPOSALS PROCESS USING
THE JSC BOARD AS THE APPROVING GOVERNING BODY INSTEAD OF THE COMMON
COUNCIL FOR SUCH CONTRACT AWARDS. THE PROGRAM MANAGER SHALL HAVE EXPERI-
ENCE IN PLANNING, DESIGNING, AND CONSTRUCTING NEW AND/OR RECONSTRUCTING
EXISTING SCHOOL BUILDINGS IN NEW YORK STATE, PUBLIC FACILITIES, COMMER-
CIAL FACILITIES, AND/OR INFRASTRUCTURE FACILITIES, AND IN THE NEGOTI-
ATION AND MANAGEMENT OF LABOR CONTRACTS AND AGREEMENTS, TRAINING
PROGRAMS, EDUCATIONAL PROGRAMS, PHYSICAL TECHNOLOGICAL REQUIREMENTS FOR
EDUCATIONAL PROGRAMS AND KNOWLEDGE OF STATE EDUCATION DEPARTMENT FACILI-
TIES PLANNING AND BUILDING AID REQUIREMENTS. THE PROGRAM MANAGER SHALL
MANAGE ALL PROJECTS ASSIGNED BY THE JSC BOARD TO THE PROGRAM MANAGER AND
UNDERTAKEN PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT,
REVIEW PROJECT SCHEDULES, REVIEW PAYMENT SCHEDULES, PREPARE COST
ESTIMATES AND ASSESS THE SAFETY PROGRAMS OF CONTRACTORS AND ALL TRAINING
PROGRAMS, IF REQUIRED. THE PROGRAM MANAGER SHALL IMPLEMENT PROCEDURES
FOR VERIFICATION BY IT THAT ALL WORK FOR WHICH PAYMENT HAS BEEN
REQUESTED HAS BEEN SATISFACTORILY COMPLETED. PROVIDED, HOWEVER, THAT
THE JSC BOARD MAY CHOOSE TO UTILIZE THE SERVICES OF AN INDEPENDENT
CONSTRUCTION MANAGER AT ONE OR MORE OF THE PROJECTS TO BE AUTHORIZED
HEREIN WITH SAID CONSTRUCTION MANAGER MANAGING THE PROJECT WITHIN THE
MANAGEMENT PLAN SET FORTH BY THE INDEPENDENT PROGRAM MANAGER AND THE JSC
BOARD.
(D) The program manager, and its affiliates or subsidiaries, if any,
shall be prohibited from awarding contracts or being awarded contracts
for or performing any work on projects undertaken pursuant to this act.
§ 6. Section 19 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction act",
S. 2506--B 132
as amended by chapter 459 of the laws of 2013, is amended to read as
follows:
§ 19. (a) On January 15, 2007 and annually thereafter, until
completion of the projects authorized pursuant to this act, the JSC
board shall issue a report to the governor, the comptroller, the commis-
sioner, the temporary president of the senate, the speaker of the assem-
bly, the city, the common council and the city school district on the
progress and status of the projects undertaken by the JSC board.
Provided further, that if any such entities request information on the
progress and status of the projects prior to such report, it shall be
provided to such entities by the JSC board.
(b) On or before June 30, 2014 or upon the completion of the projects
authorized pursuant to subdivision (a) of section five of this act,
whichever shall first occur, the JSC board shall issue a report to the
city, the city school district, the governor, the commissioner, the
comptroller, the temporary president of the senate, the minority leader
of the senate, the speaker of the assembly, the minority leader of the
assembly, the state board of regents, and the chairs and ranking minori-
ty members of the New York state senate and assembly committees on
education, the finance committee of the New York state senate, and the
ways and means committee of the New York state assembly. Such report
shall identify the fiscal and pedagogical results of the projects under-
taken pursuant to this act, along with recommendations for its contin-
uance, amendments, or discontinuance.
(c) On or before June 30, 2020 or upon the completion of the projects
authorized pursuant to subdivision (b) of section five of this act,
whichever shall first occur, the JSC board shall issue a report to the
city, the city school district, the governor, the commissioner, the
comptroller, the temporary president of the senate, the minority leader
of the senate, the speaker of the assembly, the minority leader of the
assembly, the state board of regents, and the chairs and ranking minori-
ty members of the New York state senate and assembly committees on
education, the finance committee of the New York state senate, and the
ways and means committee of the New York state assembly. Such report
shall identify the fiscal and pedagogical results of the projects under-
taken pursuant to this act, along with recommendations for its contin-
uance, amendments, or discontinuance.
(D) ON OR BEFORE JUNE 30, 2027 OR UPON THE COMPLETION OF THE PROJECTS
AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION FIVE OF THIS ACT,
WHICHEVER SHALL FIRST OCCUR, THE JSC BOARD SHALL ISSUE A REPORT TO THE
CITY, THE CITY SCHOOL DISTRICT, THE GOVERNOR, THE COMMISSIONER, THE
COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
ASSEMBLY, THE STATE BOARD OF REGENTS, AND THE CHAIRS AND RANKING MINORI-
TY MEMBERS OF THE NEW YORK STATE SENATE AND ASSEMBLY COMMITTEES ON
EDUCATION, THE FINANCE COMMITTEE OF THE NEW YORK STATE SENATE, AND THE
WAYS AND MEANS COMMITTEE OF THE NEW YORK STATE ASSEMBLY. SUCH REPORT
SHALL IDENTIFY THE FISCAL AND PEDAGOGICAL RESULTS OF THE PROJECTS UNDER-
TAKEN PURSUANT TO THIS ACT, ALONG WITH RECOMMENDATIONS FOR ITS CONTIN-
UANCE, AMENDMENTS, OR DISCONTINUANCE.
§ 7. Paragraph a of subdivision 6 of section 3602 of the education law
is amended by adding a new subparagraph 9 to read as follows:
(9) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
THE PURPOSE OF COMPUTATION OF BUILDING AID FOR RECONSTRUCTION OR MODERN-
IZING OF NO MORE THAN THREE PROJECTS PURSUANT TO A CHAPTER OF THE LAWS
OF TWO THOUSAND TWENTY-ONE ENACTING THE THIRD PHASE OF THE CITY OF SYRA-
S. 2506--B 133
CUSE COOPERATIVE SCHOOL RECONSTRUCTION ACT, MULTI-YEAR COST ALLOWANCES
FOR EACH PROJECT SHALL BE ESTABLISHED AND UTILIZED TWO TIMES IN THE
FIRST FIVE-YEAR PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE
ESTABLISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST
MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
§ 8. This act shall take effect immediately.
PART PP
Section 1. Subdivisions (g), (i) and (j) of section 2 of chapter 416
of the laws of 2007, establishing the city of Rochester and the board of
education of the city school district of the city of Rochester school
facilities modernization program act, as amended by chapter 533 of the
laws of 2014, are amended to read as follows:
(g) "Project" shall mean work at an existing school building site that
involves the design, reconstruction, or rehabilitation of an existing
school building for its continued use as a school of the city school
district, which may include an addition to existing school buildings for
such continued use and which also may include (1) the construction or
reconstruction of athletic fields, playgrounds, and other recreational
facilities for such existing school buildings; and/or (2) the acquisi-
tion and installation of all equipment necessary and attendant to and
for the use of such existing school [building] BUILDINGS, including but
not limited to items located at sites not within a project that will
allow the RJSCB to conduct district-wide technology improvements to
benefit existing school buildings; and/or (3) the acquisition of addi-
tional real property by the city to facilitate the project.
(i) "Program manager" shall mean an independent program management
firm hired by the RJSCB to assist it in: (i) developing and implementing
procedures for the projects undertaken and contracted for by the RJSCB;
(ii) reviewing plans and specifications for projects; (iii) developing
and implementing policies and procedures to utilize employment resources
to provide sufficient skilled employees for such projects including
developing and implementing training programs, if required; (iv) manag-
ing such projects; and (v) providing such planning, design, financing,
and other services as may be appropriate to implement one or more
construction or reconstruction projects pursuant to this act.
(j) "Independent compliance officer" shall mean an independent firm
hired by the RJSCB with an in-depth knowledge base and breadth of expe-
rience conducting minority and women-owned business enterprise (MWBE)
and disadvantaged business enterprise (DBE) utilization compliance moni-
toring for public contracts within New York state, including school
districts and auditing contractors and subcontractors in construction
and reconstruction projects like those to be undertaken and contracted
for by the RJSCB pursuant to this act. SUCH FIRM SHALL DEVELOP AND
IMPLEMENT AN MWBE/DBE OUTREACH AND UTILIZATION PLAN FOR THE GOVERNANCE
OF ALL CONTRACTS TO ENSURE COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL
LAWS, RULES, AND REGULATIONS.
§ 2. Subdivision (b) of section 3 of chapter 416 of the laws of 2007,
establishing the city of Rochester and the board of education of the
city school district of the city of Rochester school facilities modern-
ization program act, as amended by chapter 533 of the laws of 2014, is
amended to read as follow:
(b) Such board shall be composed of seven voting members: three of
whom shall be appointed by, AND SERVE AT THE PLEASURE OF the mayor of
the city; three of whom shall be appointed by, AND SERVE AT THE PLEASURE
S. 2506--B 134
OF the superintendent of the board of education of the city school
district; and one of whom shall be independent from both the city school
district and the city but who shall have been agreed upon by the mayor
and the superintendent; and one non-voting member who shall be the inde-
pendent compliance officer, or the representative of the independent
compliance officer. One of the voting members shall be chosen, by such
voting members, to serve as chair of the board. Members of the board
shall not receive a salary or other compensation for such board duties,
but shall be entitled to reimbursement for actual and necessary expenses
incurred in the performance of his or her board duties. Members of the
board shall not be disqualified from holding public office or employ-
ment, nor shall they forfeit any office or employment by reason of their
appointment, notwithstanding the provisions of any general, special, or
local law, ordinance or city charter to the contrary. The board will be
reconstituted on the effective date of the chapter of the laws of 2014
that amended this subdivision and the term of each prior board member
shall automatically expire on such date provided however that nothing
shall preclude the reappointment of an existing board member.
§ 3. Sections 4, 5, 6, 9, 10, 11 and 21 of chapter 416 of the laws of
2007, establishing the city of Rochester and the board of education of
the city school district of the city of Rochester school facilities
modernization program act, as amended by chapter 533 of the laws of
2014, are amended to read as follow:
§ 4. Project authorization. No more than: (a) 13 projects, up to a
total cost of three hundred twenty-five million dollars in phase one,
and (b) 26 projects, up to a total cost of four hundred thirty-five
million dollars in phase two, AND (C) 13 PROJECTS, INCLUDING A
DISTRICT-WIDE TECHNOLOGY PROJECT, UP TO A TOTAL COST OF FOUR HUNDRED
SEVENTY-FIVE MILLION DOLLARS IN PHASE THREE shall be authorized and
undertaken pursuant to this act, unless otherwise authorized by law.
§ 5. Comprehensive school facilities modernization plan. The super-
intendent shall submit to the RJSCB [a] comprehensive draft [plan] PLANS
recommending and outlining the projects for phase two AND PHASE THREE it
proposes to be undertaken pursuant to this act. The RJSCB shall consider
the plan in developing a comprehensive school facilities modernization
plan recommending and outlining the projects it proposes to be poten-
tially undertaken pursuant to this act. Such plan shall include: (a) an
estimate of total costs to be financed, proposed financing plan,
proposed method of financing, terms and conditions of the financing,
estimated financing costs, and, if city general obligation bonds or
notes are not proposed as the method of financing, a comparison of
financing costs between such bonds or notes and the proposed method of
financing. Payment of debt service on bonds, notes or other obligations
issued to secure financing of not more than $325,000,000 in phase one
[and], $435,000,000 in phase two, AND $475,000,000 IN PHASE THREE for
projects undertaken pursuant to this act shall not be considered when
determining the "city amount" required pursuant to subparagraph (ii) of
paragraph a of subdivision 5-b of section 2576 of the education law;
provided, however, that this provision shall not otherwise affect the
determination of said "city amount" with respect to funding unrelated to
projects undertaken pursuant to this act. The plan should also address
what specific options would be used to ensure that sufficient resources
exist to cover the local share of any such project cost on an annual
basis; (b) information concerning the potential persons to be involved
in the financing and such person's role and responsibilities; (c) esti-
mates on the design, reconstruction and rehabilitation costs by project,
S. 2506--B 135
any administrative costs for potential projects, and an outline of the
timeframe expected for completion of each potential project; (d) a
detailed description of the request for proposals process and an outline
of the criteria to be used for selection of the program manager, the
independent compliance officer and all contractors; provided that the
RJSCB may extend the contracts of the providers of professional services
for phase one OR TWO upon the adoption of findings that doing so would
be in the public interest; the contracts of the program manager and the
independent compliance officer for phase two will be rebid, and provided
further that the program manager and the independent compliance officer
and any new or different providers of professional services shall be
engaged in compliance with the provisions of section eight of this act;
(e) any proposed amendments to the city school district's five-year
capital facilities plan submitted in accordance with subdivision 6 of
section 3602 of the education law and the regulations of the commission-
er; and (f) a [preliminary] diversity plan to develop diversity goals,
including appropriate community input and public discussion, and develop
strategies that would create and coordinate any efforts to ensure a more
diverse workforce for the projects. The [preliminary] diversity plan
should address accountability for attainment of the diversity goals,
what forms of monitoring would be used, and how such information would
be publicly communicated.
Prior to the development of the comprehensive school facilities
modernization plan, the RJSCB and district shall hold as many public
hearings as may be necessary to ensure sufficient public input and allow
for significant public discussion on school building needs in such city,
with at least one hearing to be held in each neighborhood potentially
impacted by a proposed project.
All projects proposed in the comprehensive school facilities modern-
ization plan shall be included by the city school district as a special
section of the district's five-year capital facilities plan that is
required pursuant to subdivision 6 of section 3602 of the education law
and the regulations of the commissioner.
The RJSCB shall submit the components of such comprehensive plan
outlined in subdivision (a) of this section to the comptroller, along
with any other information requested by the comptroller, for his or her
review and approval.
§ 6. Project selection. Notwithstanding any general, special or
local law to the contrary and upon approval by the comptroller pursuant
to section five of this act, the RJSCB may select projects to be under-
taken pursuant to this act, as provided for in such approved comprehen-
sive plan. After the RJSCB has selected a new project and plans and
specifications for such project have been prepared and approved by the
RJSCB, which are consistent with the approved comprehensive plan, the
RJSCB shall deliver such plans and specifications to the superintendent
of the city school district and the mayor of the city of Rochester for
review to ensure that sufficient resources exist to pay the local share
of any such project cost on an annual basis and that the plans meet
program needs, and upon the approval of the superintendent, to the
commissioner for his or her approval. After approval by the superinten-
dent and commissioner, the plans and specifications shall be returned to
the RJSCB. All such specifications shall detail the number of students
the completed project is intended to serve, the site description, the
types of subjects to be taught, the types of activities for school,
recreational, social, safety, or other purposes intended to be incorpo-
rated in the school building or on its site and such other information
S. 2506--B 136
as the RJSCB and the commissioner shall deem necessary or advisable.
The district program manager shall establish reasonable guidelines or
limits on incidental costs to assure that to the greatest extent possi-
ble such costs for each project do not exceed the state's maximum inci-
dental cost allowance, in order to maximize efficient use of state
building aid.
Notwithstanding any other provision of law to the contrary, the RJSCB
shall submit estimated project costs for the projects authorized pursu-
ant to [subdivision] SUBDIVISIONS (b) AND (C) of section four of this
act after the completion of schematic plans and specifications for
review by the commissioner. If the total project costs associated with
such projects exceed the sum of the estimated individual approved cost
allowance of each building project by more than the lesser of 43 million
dollars or ten percent of the approved costs AUTHORIZED PURSUANT TO
SUBDIVISION (B) OF SECTION FOUR OF THIS ACT, OR FOR PROJECTS AUTHORIZED
PURSUANT TO SUBDIVISION (C) OF SECTION FOUR OF THIS ACT BY MORE THAN THE
LESSER OF 47 MILLION DOLLARS OR TEN PERCENT OF THE APPROVED COSTS, and
the city school district has not otherwise demonstrated to the satisfac-
tion of the education department the availability of additional local
shares for such excess costs, then the RJSCB shall not proceed with the
preparation of final plans and specifications for such projects until
the projects have been redesigned or value-engineered to reduce esti-
mated project costs so as not to exceed the above cost limits.
Notwithstanding any other provision of law to the contrary, the RJSCB
shall submit estimated project costs for the projects authorized pursu-
ant to [subdivision] SUBDIVISIONS (b) AND (C) of section four of this
act after the completion of fifty percent of the final plans and spec-
ifications for review by the commissioner. If the total project costs
associated with such projects exceed the sum of the estimated individual
approved cost allowance of each building project by more than the lesser
of 43 million dollars or ten percent of the approved costs AUTHORIZED
PURSUANT TO SUBDIVISION (B) OF SECTION FOUR OF THIS ACT, OR FOR PROJECTS
AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION FOUR OF THIS ACT BY
MORE THAN THE LESSER OF 47 MILLION DOLLARS OR TEN PERCENT OF THE
APPROVED COSTS, and the city school district has not otherwise demon-
strated to the satisfaction of the education department the availability
of additional local share for such excess costs, then the RJSCB shall
not proceed with the completion of the remaining fifty percent of the
plans and specifications for such projects until the projects have been
redesigned or value-engineered to reduce estimated project costs so as
not to exceed the above cost limits.
§ 9. Contracts generally. Notwithstanding the provisions of any
general, special, or local law or judicial decision to the contrary:
(a) The RJSCB may require a contractor, as a condition to being
awarded a contract, subcontract, lease, grant, bond, covenant or other
agreement for a project to enter into a project labor agreement for the
work involved with such project when such requirement is made part of
the bid specifications for the project and when the RJSCB determines
that the record supporting the decision to enter into such an agreement
establishes that it is justified by the interests underlying the compet-
itive bidding laws. In addition, the RJSCB may revise and extend the
requirements of the project labor agreement entered into for phase one
projects to the projects authorized in phase [two] THREE, contingent
upon the completion of a supplemental project labor agreement benefit
[analysis].
S. 2506--B 137
(b) Any contract, subcontract, lease, grant, bond, covenant or other
agreement for projects undertaken pursuant to this act shall not be
subject to section 101 of the general municipal law when the RJSCB has
chosen to require a project labor agreement, pursuant to subdivision (a)
of this section. This exemption shall only apply to the projects under-
taken pursuant to this act and shall not apply to projects undertaken by
any other school district or municipality unless otherwise specifically
authorized.
(c) Whenever the RJSCB enters in a contract, subcontract, lease,
grant, bond, covenant or other agreement for the construction, recon-
struction, demolition, excavation, rehabilitation, repair, renovation,
alteration, or improvement for a project undertaken pursuant to this
act, it shall be deemed to be a public works project for the purposes of
article 8 of the labor law, and all the provisions of article 8 of the
labor law shall be applicable to all the work involved with such project
including the enforcement of prevailing wage requirements by the state
department of labor.
(d) Every contract entered into by resolution of the RJSCB for
construction or reconstruction of a project pursuant to this act shall
contain a provision that the design of such project shall be subject to
the review and approval of the city school district and that the design
and construction standards of such project shall be subject to the
review and approval of the commissioner. In addition, every such
contract for construction or reconstruction shall contain a provision
that the contractor shall furnish a labor and material bond guaranteeing
prompt payment of moneys that are due to all persons furnishing labor
and materials pursuant to the requirements of any contracts for a
project undertaken pursuant to this section and a performance bond for
the faithful performance of the project, which shall conform to the
provisions of section 103-f of the general municipal law, and that a
copy of such performance and payment bonds shall be kept by the RJSCB
and shall be open to public inspection.
(e) For the purposes of article 15-A of the executive law, any person
entering into a contract for a project authorized pursuant to this act
shall be deemed a state agency as that term is defined in such article
and such contracts shall be deemed state contracts within the meaning of
that term as set forth in such article.
(f) Notwithstanding the provisions of this act or of any general or
special law to the contrary, for any contract, subcontract, lease,
grant, bond, covenant or other agreement for construction, recon-
struction, demolition, excavation, rehabilitation, repair, renovation,
alteration, or improvement with respect to each project undertaken
pursuant to this act, the RJSCB shall consider the financial and organ-
izational capacity of contractors and subcontractors in relation to the
magnitude of work they may perform, the record of performance of
contractors and subcontractors on previous work, the record of contrac-
tors and subcontractors in complying with existing labor standards and
maintaining harmonious labor relations, and the commitment of contrac-
tors to work with minority and women-owned business enterprises pursuant
to article 15-A of the executive law through joint ventures or subcon-
tractor relationships. The RJSCB shall further require, on any contract
in excess of one million dollars for construction, reconstruction, demo-
lition, excavation, rehabilitation, repair, renovation, alteration, or
improvement that each contractor and subcontractor shall participate in
apprentice training programs in the trades of work it employs that: have
been approved for not less than three years by the state department of
S. 2506--B 138
labor; have graduated at least one apprentice in the last 3 years; have
at least one apprentice currently enrolled in such apprentice training
program; and have demonstrated that the program has made significant
efforts to attract and retain minority apprentices.
§ 10. Program managers. (a) All contracts entered into by resolution
of the RJSCB for projects for phase two AND PHASE THREE undertaken
pursuant to this act shall be managed by an independent program manager.
The selection of the program manager shall be pursuant to the compet-
itive process established in section eight of this act. Prior to issu-
ance of the contract, the program manager selected shall be approved by
the superintendent, mayor, city council and the Rochester city school
district. The program manager shall have experience in planning, design-
ing, and constructing new and/or reconstructing existing school build-
ings, public facilities, commercial facilities, and/or infrastructure
facilities, and in the negotiation and management of labor contracts and
agreements, training programs, educational programs, and physical tech-
nological requirements for educational programs. The program manager
shall manage all projects undertaken pursuant to this act, review
project schedules, review payment schedules, prepare cost estimates and
assess the safety programs of contractors and all training programs, if
required. The program manager shall implement procedures for verifica-
tion by it that all work for which payment has been requested has been
satisfactorily completed.
(b) The program manager, and its affiliates or subsidiaries, if any,
shall be prohibited from awarding contracts or being awarded contracts
for, or performing any work on, projects undertaken pursuant to this
act. Contracts awarded by RJSCB for construction work required for the
reconstruction, rehabilitation or renovation of a project pursuant to
this act shall be awarded pursuant to public bidding in compliance with
section 103 of the general municipal law.
§ 11. Independent compliance officers. All contracts entered into by
resolution of the RJSCB for projects for phase two AND PHASE THREE
undertaken by this act shall be monitored by an independent compliance
officer. The compliance officer shall: develop, implement, advertise,
promote and monitor policies and procedures to utilize and provide
sufficient MWBE, DBE and skilled minority employment resources partic-
ipation opportunities to be followed by prime contractors and subcon-
tractors for such projects; review, modify if necessary, and approve the
preliminary diversity plan established pursuant to section five of this
act; provide technical assistance to potential MWBE and DBE contractors
and subcontractors interested in bidding on any such projects; obtain
and maintain records and documentation to confirm compliance with any
requirements contained in the approved diversity plan, for any such
project; identify contractors in non-compliance with any such require-
ments contained in the approved diversity plan or in violation of any
federal, state and local laws, rules or regulations; monitor and report
the upward/downward price adjustment and payment amounts to MWBEs and
DBEs listed on contractors utilization plan for any such project; devel-
op and work with the RJSCB to enforce agreed financial or monetary sanc-
tions for any contractor's non-compliance with the MWBE/DBE utilization
master plan. In addition, the independent compliance officer shall:
develop, implement, advertise, promote and monitor MWBE/DBE policies and
procedures for each project to be followed by prime contractors and
subcontractors for such projects; obtain and maintain records and
documentation to confirm compliance with any applicable requirements for
each project; identify contractors in non-compliance with any such
S. 2506--B 139
requirements pursuant to this section or in violation of any federal,
state and local laws, rules or regulations. The independent compliance
officer shall report to the [RJCSB] RJSCB on a monthly basis.
§ 21. Reporting requirements. (A) On June 30, 2008 and annually there-
after, until completion of the [39] 52 projects authorized pursuant to
this act, the RJSCB shall issue a report to the governor, the comp-
troller, the commissioner, the temporary president of the senate, the
speaker of the assembly, the city, the city council and the city school
district on the progress and status of the projects undertaken by the
RJSCB. Provided further, that if any such entities request information
on the progress and status of the projects prior to such report, it
shall be provided to such entities by the RJSCB.
[In addition, on] (B) ON or before June 30, 2021, or upon completion
of the 26 projects authorized in phase two pursuant to this act, which-
ever shall first occur, the RJSCB shall issue a report to the city, the
city school district, the governor, the commissioner, the comptroller,
the temporary president of the senate, the speaker of the assembly, the
minority leader of the senate, the minority leader of the assembly, the
state board of regents, and the chairs and ranking minority members of
the New York state senate and assembly committees on education, the
finance committee of the New York state senate, and the ways and means
committee of the New York state assembly. Such report shall identify the
fiscal and pedagogical results of the projects undertaken pursuant to
this act, along with recommendations for its continuance, amendments, or
discontinuance.
(C) ON OR BEFORE JUNE 30, 2031, OR UPON COMPLETION OF THE 13 PROJECTS,
INCLUDING THE DISTRICT-WIDE TECHNOLOGY PROJECT, AUTHORIZED IN PHASE
THREE PURSUANT TO THIS ACT, WHICHEVER SHALL FIRST OCCUR, THE RJSCB SHALL
ISSUE A REPORT TO THE CITY, THE CITY SCHOOL DISTRICT, THE GOVERNOR, THE
COMMISSIONER, THE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE
MINORITY LEADER OF THE ASSEMBLY, THE STATE BOARD OF REGENTS, AND THE
CHAIRS AND RANKING MINORITY MEMBERS OF THE NEW YORK STATE SENATE AND
ASSEMBLY COMMITTEES ON EDUCATION, THE FINANCE COMMITTEE OF THE NEW YORK
STATE SENATE, AND THE WAYS AND MEANS COMMITTEE OF THE NEW YORK STATE
ASSEMBLY. SUCH REPORT SHALL IDENTIFY THE FISCAL AND PEDAGOGICAL RESULTS
OF THE PROJECTS UNDERTAKEN PURSUANT TO THIS ACT, ALONG WITH RECOMMENDA-
TIONS FOR ITS CONTINUANCE, AMENDMENTS, OR DISCONTINUANCE.
§ 4. Paragraph a of subdivision 6 of section 3602 of the education law
is amended by adding a new subparagraph 9 to read as follows:
(9) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
THE PURPOSE OF COMPUTATION OF BUILDING AID FOR RECONSTRUCTION OR
MODERNIZING OF NO MORE THAN FIVE PROJECTS PURSUANT TO CHAPTER FOUR
HUNDRED SIXTEEN OF THE LAWS OF TWO THOUSAND SEVEN, AS AMENDED, ENACT-
ING THE THIRD PHASE OF THE CITY OF ROCHESTER SCHOOL FACILITIES MODERN-
IZATION PROGRAM ACT, MULTI-YEAR COST ALLOWANCES FOR EACH PROJECT
SHALL BE ESTABLISHED AND UTILIZED TWO TIMES IN THE FIRST FIVE-YEAR
PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL BE ESTAB-
LISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST
MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
§ 5. 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
S. 2506--B 140
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 PP of this act shall be
as specifically set forth in the last section of such Parts.