S T A T E   O F   N E W   Y O R K
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     S. 8006                                                  A. 9006
 
                       S E N A T E - A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to amend the education law, in relation to school contracts for
   excellence; to amend the education law, in relation to foundation aid;
   to amend the education law, in relation to maintenance of equity  aid;
   to  amend  the  education law, in relation to building aid and the New
   York state energy research  and  development  authority  P-12  schools
   clean  green  schools  initiative;  to  amend  the  education  law, in
   relation to modifying the length of  school  sessions;  to  amend  the
   education  law, in relation to supplemental public excess cost aid; to
   amend the education law, in relation to academic enhancement  aid;  to
   amend the education law, in relation to high tax aid; to amend chapter
   91  of  the  laws  of  2002  amending the education law and other laws
   relating to reorganization of the New York  city  school  construction
   authority, board of education and community boards, in relation to the
   effectiveness thereof; to amend chapter 345 of the laws of 2009 amend-
   ing  the  education  law  and other laws relating to the New York city
   board of education,  chancellor,  community  councils,  and  community
   superintendents,  in  relation  to the effectiveness thereof; to amend
   the education law, in relation to extending  the  statewide  universal
   full-day  pre-kindergarten  program;  to  amend  the education law, in
   relation to state aid adjustments; to amend chapter 756 of the laws of
   1992, relating to funding a program for work force education conducted
   by the consortium for worker education in New York city,  in  relation
   to  reimbursement for the 2022-2023 school year, withholding a portion
   of employment preparation education aid and in relation to the  effec-
   tiveness  thereof;  to amend chapter 169 of the laws of 1994, relating
   to certain provisions related to the 1994-95 state operations, aid  to
   localities,  capital projects and debt service budgets, in relation to
   the effectiveness thereof; to amend chapter 147 of the laws  of  2001,
   amending  the  education  law  relating  to conditional appointment of
   school district, charter school or BOCES employees, in relation to the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12672-01-2
 S. 8006                             2                            A. 9006
 
   effectiveness thereof; to amend chapter  425  of  the  laws  of  2002,
   amending  the  education law relating to the provision of supplemental
   educational services, attendance at  a  safe  public  school  and  the
   suspension  of pupils who bring a firearm to or possess a firearm at a
   school, in relation to making certain provisions thereof permanent; to
   amend the No Child Left Behind Act of 2001, in relation to making  the
   provisions  thereof  permanent;  to  amend  chapter 552 of the laws of
   1995, amending the education law relating to contracts for the  trans-
   portation  of school children, in relation to the effectiveness there-
   of; providing for school bus driver  training  grants;  providing  for
   special  apportionment  for  salary  expenses;  providing  for special
   apportionment for public pension accruals; to amend the education law,
   in relation to permitting the city school  district  of  the  city  of
   Rochester  to  make  certain  purchases  from the board of cooperative
   educational services of the supervisory district serving its geograph-
   ic region; providing for set-asides from the state funds which certain
   districts are receiving from the total foundation aid;  providing  for
   support  of  public libraries; and providing for the repeal of certain
   provisions upon expiration thereof (Part A); to  amend  the  education
   law  and  the  local  finance law, in relation to zero-emission school
   buses (Part B); to amend the education law, in relation to creating  a
   temporary  professional  permit for employment in a public school; and
   providing for the repeal of certain provisions upon expiration thereof
   (Part C); to amend the education law, in relation to  state  appropri-
   ations  for  reimbursement  of  tuition credits (Part D); to amend the
   education law, in relation to the expansion of the  part-time  tuition
   assistance  program  (Part E); to amend the education law, in relation
   to eligibility requirements  and  conditions  for  tuition  assistance
   program  awards; and to repeal certain provisions of the education law
   relating to the ban on incarcerated  individuals  to  be  eligible  to
   receive state aid (Part F); to amend the education law, in relation to
   establishing  the  amount  awarded for the excelsior scholarship (Part
   G); to amend the education  law,  in  relation  to  including  certain
   apprenticeships  in  the  definition of "eligible educational institu-
   tion" for the New York state college choice  tuition  savings  program
   (Part  H);  to  amend  the  education  law, in relation to prohibiting
   certain practices in the collection of education  debt  (Part  I);  to
   amend  the education law, in relation to registration of a new curric-
   ulum or program of  study  offered  by  a  not-for-profit  college  or
   university  (Part J); to amend the business corporation law, the part-
   nership law and the limited liability  company  law,  in  relation  to
   certified  public  accountants  (Part K); to amend the social services
   law, in relation to child  care  assistance;  and  providing  for  the
   repeal  of  certain  provisions  upon  expiration thereof (Part L); to
   amend part N of chapter 56 of the laws of 2020,  amending  the  social
   services  law  relating  to  restructuring  financing  for residential
   school placements, in relation to the effectiveness thereof (Part  M);
   to amend part C of chapter 83 of the laws of 2002, amending the execu-
   tive  law  and  other laws relating to funding for children and family
   services, in relation to extending the effectiveness thereof (Part N);
   to amend the social services law, in relation to reimbursement  for  a
   portion of the costs of social services districts for care provided to
   foster  children  in  institutions, group residences, group homes, and
   agency operated boarding homes (Part O); to amend  the  public  health
   law,  in  relation  to consent for medical services (Part P); to amend
   the executive law and the criminal procedure law, in relation  to  the
 S. 8006                             3                            A. 9006
 
   detention  of  juveniles  (Part  Q);  to  amend  the executive law, in
   relation to increasing the amount of  reimbursement  the  division  of
   veterans'  affairs  shall  provide to local veterans' service agencies
   for  the  cost  of maintenance of such agencies (Part R); to amend the
   social services law, in relation to increasing the standards of month-
   ly need for aged, blind and disabled persons living in  the  community
   (Part  S);  to amend part W of chapter 54 of the laws of 2016 amending
   the social services law relating to  the  powers  and  duties  of  the
   commissioner  of  social  services  relating  to  the appointment of a
   temporary operator, in relation to the effectiveness thereof (Part T);
   to amend the social services law, in relation to the  public  benefits
   and  requirements; and to repeal certain provisions of such law relat-
   ing thereto (Part U); to amend the labor law and the general  business
   law,  in relation to restrictions on employment (Part V); to amend the
   labor law, in relation to increasing penalties for certain  violations
   of  the labor law (Part W); to amend the executive law, in relation to
   prohibiting discrimination based on status as  a  victim  of  domestic
   violence  (Part X); to amend the executive law, in relation to prohib-
   iting discrimination based on citizenship or immigration status  (Part
   Y);  to  utilize  reserves  in the mortgage insurance fund for various
   housing purposes (Part Z); to amend the real property law, in relation
   to providing for the creation of accessory dwelling units  (Part  AA);
   to  amend  the executive law, in relation to making it unlawful for an
   individual who has been convicted of one or more criminal offenses  to
   be  discriminated  against in housing (Part BB); to amend the multiple
   dwelling law, in relation to the floor area ratio (FAR) in the city of
   New York (Part CC); to amend the multiple dwelling law, in relation to
   hotel and commercial conversion (Part DD); to amend the  general  city
   law, the town law, and the village law, in relation to transit-orient-
   ed  development (Part EE); to amend the real property law, in relation
   to tenant selection screening guidelines (Part FF); to amend the exec-
   utive law, in relation to the state's  language  access  policy  (Part
   GG);  to  amend the retirement and social security law, in relation to
   waiving approval and income limitations on retirees employed in public
   schools; and providing for the repeal of such provisions upon  expira-
   tion  thereof  (Part  HH);  and to amend the real property tax law, in
   relation to enacting the affordable neighborhoods for New Yorkers  tax
   incentive (Part II)
 
   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 2022-2023 state fiscal year. Each component is
 wholly contained within a Part identified as Parts  A  through  II.  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. 8006                             4                            A. 9006
 
                                  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
 2021, 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. 8006                             5                            A. 9006
 
 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. 8006                             6                            A. 9006
 
 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;  AND PROVIDED FURTHER THAT, A SCHOOL
 DISTRICT  THAT  SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
 TWENTY-ONE--TWO THOUSAND TWENTY-TWO 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--TWO THOUSAND TWENTY-
 THREE 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 TWENTY-ONE--TWO THOUSAND  TWENTY-TWO  SCHOOL  YEAR.
 For purposes of this paragraph, the "gap elimination adjustment percent-
 age" 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 adjust-
 ment  computed  pursuant to chapter fifty-three of the laws of two thou-
 sand 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 activities 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. Subdivision 4 of section 3602 of  education  law  is  amended  by
 adding a new paragraph j to read as follows:
   J. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND
 TWENTY-THREE  SCHOOL  YEAR.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY, FOUNDATION AID PAYABLE IN  THE  TWO  THOUSAND  TWENTY-TWO--TWO
 THOUSAND TWENTY-THREE SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE TOTAL
 FOUNDATION  AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE
 OF THIS SECTION PLUS THE GREATER OF (A)  THE  PRODUCT  OF  THE  PHASE-IN
 FOUNDATION  INCREASE FACTOR AS COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF
 PARAGRAPH B OF THIS SUBDIVISION MULTIPLIED BY THE  POSITIVE  DIFFERENCE,
 IF  ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A OF
 THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
 ANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE  PROD-
 UCT  OF  THREE  HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDATION AID
 BASE COMPUTED PURSUANT  TO  PARAGRAPH  J  OF  SUBDIVISION  ONE  OF  THIS
 SECTION.
   §  3.  Section  3602  of  the education law is amended by adding a new
 subdivision 4-a to read as follows:
   4-A.  FOUNDATION AID MAINTENANCE OF EQUITY AID.  1.  FOR  PURPOSES  OF
 THIS SUBDIVISION THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
   A. "HIGH-NEED LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH (1) THE
 HIGHEST  PERCENTAGE OF ECONOMICALLY DISADVANTAGED STUDENTS AS CALCULATED
 BASED ON THE  MOST  RECENT  SMALL  AREA  INCOME  AND  POVERTY  ESTIMATES
 PROVIDED  BY  THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE SUM
 OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER THAN
 OR EQUAL TO THE PRODUCT OF FIVE-TENTHS (0.5) AND THE STATEWIDE TOTAL  OF
 SUCH ENROLLMENT.
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   B.  "HIGHEST-POVERTY  LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH
 (1) THE HIGHEST PERCENTAGE OF  ECONOMICALLY  DISADVANTAGED  STUDENTS  AS
 CALCULATED  BASED ON THE MOST RECENT SMALL AREA INCOME AND POVERTY ESTI-
 MATES PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE
 SUM  OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER
 THAN OR EQUAL TO THE PRODUCT OF TWO-TENTHS (0.2) AND THE STATEWIDE TOTAL
 OF SUCH ENROLLMENT.
   C. "ELIGIBLE DISTRICTS" SHALL MEAN SCHOOL DISTRICTS DEFINED  AS  HIGH-
 NEED  LEAS OR HIGHEST-POVERTY LEAS IN THE CURRENT YEAR WHICH ARE SUBJECT
 TO THE STATE LEVEL MAINTENANCE OF EQUITY  REQUIREMENT  IN  THE  AMERICAN
 RESCUE  PLAN  ACT  OF  2021, SECTION 2004, PART 1, SUBTITLE A, TITLE II,
 (PUBLIC LAW 117-2) FOR THE CURRENT YEAR.
   D. "STATE FUNDING" SHALL MEAN ANY APPORTIONMENT PROVIDED  PURSUANT  TO
 SECTIONS  SEVEN  HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-
 ONE, AND SEVEN HUNDRED FIFTY-THREE OF THIS CHAPTER  PLUS  APPORTIONMENTS
 PURSUANT  TO SUBDIVISIONS FOUR, FIVE-A, TEN, TWELVE, AND SIXTEEN OF THIS
 SECTION.
   E. "LOCAL EDUCATIONAL AGENCY ENROLLMENT" SHALL MEAN  THE  UNDUPLICATED
 COUNT  OF  ALL  CHILDREN  REGISTERED  TO RECEIVE EDUCATIONAL SERVICES IN
 GRADES KINDERGARTEN  THROUGH  TWELVE,  INCLUDING  CHILDREN  IN  UNGRADED
 PROGRAMS,  AS  REGISTERED  ON  THE  DATE PRIOR TO NOVEMBER FIRST THAT IS
 SPECIFIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING  DATE,  REGIS-
 TERED  IN A LOCAL EDUCATIONAL AGENCY AS DEFINED PURSUANT TO SECTION 7801
 OF TITLE 20 OF THE UNITED STATES CODE.
   2. ELIGIBLE DISTRICTS SHALL RECEIVE AN APPORTIONMENT OF FOUNDATION AID
 MAINTENANCE OF EQUITY AID IN THE CURRENT YEAR IF  THE  COMMISSIONER,  IN
 CONSULTATION  WITH  THE  DIRECTOR OF THE BUDGET, DETERMINES THE DISTRICT
 WOULD OTHERWISE RECEIVE A REDUCTION IN STATE  FUNDING  ON  A  PER  PUPIL
 BASIS  INCONSISTENT  WITH  THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
 REQUIREMENT. THIS APPORTIONMENT SHALL BE EQUAL TO THE  AMOUNT  NECESSARY
 TO  ENSURE COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
 REQUIREMENT.   THIS APPORTIONMENT SHALL BE  PAID  IN  THE  CURRENT  YEAR
 PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART.
   §  4.  Clause  (ii) of paragraph j of subdivision 1 of section 3602 of
 the education law, as amended by section 11 of part B of chapter  57  of
 the laws of 2007, is amended to read as follows:
   (ii)  For  aid  payable  in  the two thousand eight--two thousand nine
 school year and thereafter, the total foundation aid  base  shall  equal
 the  total  amount  a  district was eligible to receive in the base year
 pursuant to subdivision four of this section PLUS FOUNDATION AID MAINTE-
 NANCE OF EQUITY AID PURSUANT TO SUBDIVISION FOUR-A OF THIS SECTION.
   § 5. Section 3602-b of the education law is amended by  adding  a  new
 subdivision 3 to read as follows:
   3.  A.  IN  ADDITION TO APPORTIONMENTS CALCULATED PURSUANT TO SUBDIVI-
 SIONS ONE AND TWO OF THIS SECTION, EACH SCHOOL DISTRICT EMPLOYING  FEWER
 THAN  EIGHT  TEACHERS  DEFINED  AS ELIGIBLE PURSUANT TO PARAGRAPH ONE OF
 SUBDIVISION FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART  SHALL
 RECEIVE  AN ADDITIONAL APPORTIONMENT OF PUBLIC MONEY IN THE CURRENT YEAR
 IF THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR  OF  THE  BUDGET,
 DETERMINES  THE  DISTRICT  WOULD  OTHERWISE RECEIVE A REDUCTION IN STATE
 FUNDING, AS DEFINED IN SUBPARAGRAPH D OF PARAGRAPH  ONE  OF  SUBDIVISION
 FOUR-A  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART, ON A PER PUPIL
 BASIS INCONSISTENT WITH THE FEDERAL STATE LEVEL  MAINTENANCE  OF  EQUITY
 REQUIREMENT.
   B.  THE  MAINTENANCE OF EQUITY AID SHALL BE EQUAL TO THE AMOUNT NECES-
 SARY TO ENSURE COMPLIANCE WITH THE FEDERAL STATE  LEVEL  MAINTENANCE  OF
 S. 8006                             8                            A. 9006

 EQUITY  REQUIREMENT  IN  THE  AMERICAN  RESCUE PLAN ACT OF 2021, SECTION
 2004, PART 1, SUBTITLE A, TITLE II, (PUBLIC LAW 117-2) FOR  THE  CURRENT
 YEAR.
   §  6.  Section  3602  of  the education law is amended by adding a new
 subdivision 6-i to read as follows:
   6-I. BUILDING AID AND THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOP-
 MENT  AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE. 1. FOR AID
 PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-TWO--TWO THOUSAND  TWEN-
 TY-THREE  AND  THEREAFTER,  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE
 CONTRARY, THE APPORTIONMENT  TO  ANY  DISTRICT  UNDER  SUBDIVISION  SIX,
 SIX-A,  SIX-B, SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION FOR CAPITAL
 OUTLAYS FOR SCHOOL BUILDING PROJECTS FOR  ENERGY  EFFICIENCY  SHALL  NOT
 EXCLUDE GRANTS AUTHORIZED PURSUANT TO THE NEW YORK STATE ENERGY RESEARCH
 AND  DEVELOPMENT  AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE
 FROM AIDABLE EXPENDITURES, PROVIDED THAT THE SUM OF  APPORTIONMENTS  FOR
 THESE  PROJECTS  CALCULATED  PURSUANT  TO SUBDIVISION SIX, SIX-A, SIX-B,
 SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION AND SUCH GRANTS SHALL  NOT
 EXCEED THE ACTUAL PROJECT EXPENDITURES.
   2.  THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
 PROVIDE A LIST OF  ENERGY  EFFICIENCY  GRANTS  AWARDED  TO  EACH  SCHOOL
 DISTRICT TO THE COMMISSIONER NO LATER THAN ONE MONTH PRIOR TO THE END OF
 EACH  CALENDAR  YEAR  AND EACH SCHOOL YEAR.  THIS LIST SHALL INCLUDE THE
 CAPITAL CONSTRUCTION PROJECT OR PROJECTS FUNDED BY THE GRANTS, THE AWARD
 AMOUNTS OF EACH INDIVIDUAL PROJECT GRANT, THE  DISTRICT  RECEIVING  SUCH
 GRANTS,  THE  SCHOOLS RECEIVING SUCH GRANTS, THE DATE ON WHICH THE GRANT
 WAS RECEIVED, AND ANY OTHER INFORMATION NECESSARY FOR THE CALCULATION OF
 AID PURSUANT TO SUBDIVISION SIX, SIX-A, SIX-B, SIX-C, SIX-E,  SIX-F,  OR
 SIX-H OF THIS SECTION.
   § 7. Paragraph a of subdivision 4 of section 3204 of the education law
 is amended to read as follows:
   a.  A  full  time day school or class, except as otherwise prescribed,
 shall be in session for not less than one hundred [ninety]  EIGHTY  days
 each year, [inclusive] EXCLUSIVE of legal holidays that occur during the
 term of said school and exclusive of Saturdays.
   §  8.  Paragraph  s  of subdivision 1 of section 3602 of the education
 law, as amended by section 11 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   s.  "Extraordinary  needs  count" shall mean the sum of the product of
 the [limited English proficiency] ENGLISH LANGUAGE LEARNER count  multi-
 plied by fifty percent, plus, the poverty count and the sparsity count.
   §  9. Subdivision 6 of section 3602 of the education law is amended by
 adding a new paragraph k to read as follows:
   K. FINAL COST REPORT PENALTIES. (1)  ALL  ACTS  DONE  AND  PROCEEDINGS
 HERETOFORE  HAD  AND  TAKEN  OR  CAUSED  TO  BE  HAD AND TAKEN BY SCHOOL
 DISTRICTS AND BY ALL ITS OFFICERS OR AGENTS RELATING TO OR IN CONNECTION
 WITH FINAL BUILDING COST REPORTS REQUIRED TO BE FILED WITH  THE  DEPART-
 MENT  FOR APPROVED BUILDING PROJECTS FOR WHICH A CERTIFICATE OF SUBSTAN-
 TIAL COMPLETION WAS AND/OR IS ISSUED ON OR AFTER APRIL  FIRST,  NINETEEN
 HUNDRED NINETY-FIVE, WHERE A FINAL COST REPORT WAS NOT SUBMITTED BY JUNE
 THIRTIETH  OF  THE  SCHOOL  YEAR IN WHICH THE CERTIFICATE OF SUBSTANTIAL
 COMPLETION OF THE PROJECT WAS ISSUED BY THE ARCHITECT  OR  ENGINEER,  OR
 SIX  MONTHS AFTER ISSUANCE OF SUCH CERTIFICATE, WHICHEVER WAS LATER, AND
 ALL ACTS INCIDENTAL THERETO ARE HEREBY  LEGALIZED,  VALIDATED,  RATIFIED
 AND  CONFIRMED,  NOTWITHSTANDING ANY FAILURE TO COMPLY WITH THE APPROVAL
 AND FILING PROVISIONS OF THE EDUCATION LAW OR ANY OTHER LAW OR ANY OTHER
 STATUTORY AUTHORITY, RULE OR REGULATION, IN RELATION  TO  ANY  OMISSION,
 S. 8006                             9                            A. 9006
 
 ERROR,  DEFECT,  IRREGULARITY  OR ILLEGALITY IN SUCH PROCEEDINGS HAD AND
 TAKEN.
   (2)  THE  DEPARTMENT IS HEREBY DIRECTED TO CONSIDER THE APPROVED COSTS
 OF THE AFOREMENTIONED PROJECTS AS VALID AND PROPER OBLIGATIONS  OF  SUCH
 SCHOOL DISTRICTS AND SHALL NOT RECOVER ON OR AFTER JULY FIRST, TWO THOU-
 SAND  THIRTEEN  ANY PENALTY ARISING FROM THE LATE FILING OF A FINAL COST
 REPORT, PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED ON OR AFTER  JULY
 FIRST,  TWO  THOUSAND THIRTEEN   SHALL BE DEEMED A PAYMENT OF MONEYS DUE
 FOR PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION FIVE  OF  SECTION
 THIRTY-SIX  HUNDRED FOUR OF THIS PART AND SHALL BE PAID TO THE APPROPRI-
 ATE DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
   (A) SUCH SCHOOL DISTRICT SUBMITTED THE LATE OR MISSING FINAL  BUILDING
 COST REPORT TO THE COMMISSIONER;
   (B) SUCH COST REPORT IS APPROVED BY THE COMMISSIONER;
   (C)  ALL STATE FUNDS EXPENDED BY THE SCHOOL DISTRICT, AS DOCUMENTED IN
 SUCH COST REPORT, WERE PROPERLY EXPENDED FOR SUCH  BUILDING  PROJECT  IN
 ACCORDANCE WITH THE TERMS AND CONDITIONS FOR SUCH PROJECT AS APPROVED BY
 THE COMMISSIONER; AND
   (D)  THE FAILURE TO SUBMIT SUCH REPORT IN A TIMELY MANNER WAS AN INAD-
 VERTENT ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL  DISTRICT,
 AND  THERE  IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER INTENT BY
 SUCH DISTRICT.
   § 10. Section 3625 of education law is amended by adding a new  subdi-
 vision 5 to read as follows:
   5. TRANSPORTATION CONTRACT PENALTIES. A. ALL ACTS DONE AND PROCEEDINGS
 HERETOFORE HAD AND TAKEN OR CAUSED TO BE HAD AND TAKEN RELATING TO OR IN
 CONNECTION WITH A TRANSPORTATION CONTRACT, AND ALL ACTS INCIDENTAL HERE-
 TO  ARE  HEREBY  LEGALIZED,  VALIDATED, RATIFIED AND CONFIRMED, NOTWITH-
 STANDING ANY FAILURE TO COMPLY WITH THE  CONTRACT  AWARD,  APPROVAL  AND
 FILING PROVISIONS OF THE EDUCATION LAW, THE GENERAL MUNICIPAL LAW OR ANY
 OTHER  LAW  OR  ANY OTHER STATUTORY AUTHORITY, RULE OR REGULATION, OTHER
 THAN THOSE FILING PROVISIONS DEFINED IN PARAGRAPH A OF SUBDIVISION  FIVE
 OF  SECTION  THIRTY-SIX HUNDRED FOUR OF THIS ARTICLE, IN RELATION TO ANY
 OMISSION, ERROR, DEFECT, IRREGULARITY OR ILLEGALITY IN  SUCH  PROCEEDING
 HAD AND TAKEN.
   B.  THE  DEPARTMENT  IS HEREBY DIRECTED TO CONSIDER THE AFOREMENTIONED
 CONTRACTS FOR TRANSPORTATION AID AS VALID  AND  PROPER  OBLIGATIONS  AND
 SHALL  NOT  RECOVER  FROM SUCH SCHOOL DISTRICTS ANY PENALTY ARISING FROM
 THE FAILURE TO SUBMIT A TRANSPORTATION  CONTRACT  IN  A  TIMELY  MANNER,
 PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED SHALL BE DEEMED A PAYMENT
 OF  MONEYS  DUE  FOR  PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION
 FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS  ARTICLE  AND  SHALL  BE
 PAID TO THE SCHOOL DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
   (1)  SUCH  SCHOOL  DISTRICT SUBMITTED THE CONTRACT TO THE COMMISSIONER
 AND SUCH CONTRACT IS FOR SERVICES IN THE TWO THOUSAND TWELVE--TWO  THOU-
 SAND THIRTEEN SCHOOL YEAR OR THEREAFTER;
   (2) SUCH CONTRACT IS APPROVED BY THE COMMISSIONER;
   (3)  ALL  STATE  FUNDS  EXPENDED  BY THE SCHOOL DISTRICT WERE PROPERLY
 EXPENDED FOR SUCH TRANSPORTATION AS APPROVED BY THE COMMISSIONER; AND
   (4) THE FAILURE TO EXECUTE OR SUBMIT SUCH CONTRACT IN A TIMELY  MANNER
 WAS AN INADVERTENT ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL
 DISTRICT,  AND  THERE IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER
 INTENT BY SUCH DISTRICT.
   § 11. Subdivision 2 of section 3625 of education law,  as  amended  by
 chapter 474 of the laws of 1996, is amended to read as follows:
 S. 8006                            10                            A. 9006
 
   2.  Filing  of transportation contracts. Every transportation contract
 shall be filed with the department within one hundred twenty days of the
 commencement of service under such contract.  No transportation  expense
 shall be allowed for a period greater than one hundred twenty days prior
 to  the filing of any contract for the transportation of pupils with the
 education department. No contract shall be considered  filed  unless  it
 bears  an  original  signature,  IN THE CASE OF A WRITTEN DOCUMENT, OR A
 CERTIFICATION, IN THE CASE OF AN APPROVED ELECTRONIC FORM, of the super-
 intendent of a school district or the designee of the superintendent and
 the sole trustee or president of the board of education  of  the  school
 district.    The final approval of any such contract by the commissioner
 shall not, however, obligate the state to allow  transportation  expense
 in  an  amount  greater  than the amount that would be allowed under the
 provisions of this part.  The state, acting through  the  department  of
 audit and control, may examine any and all accounts of the contractor in
 connection  with  a contract for the transportation of pupils, and every
 such contract shall contain the  following  provision:  "The  contractor
 hereby consents to an audit of any and all financial records relating to
 this contract by the department of audit and control."
   § 12. Section 34 of chapter 91 of the laws of 2002 amending the educa-
 tion  law and other laws relating to reorganization of the New York city
 school construction authority, board of education and community  boards,
 as  amended by section 42 of part YYY of chapter 59 of the laws of 2019,
 is amended to read as follows:
   § 34. This act shall take effect July 1, 2002; provided, that sections
 one through twenty, twenty-four, and twenty-six through thirty  of  this
 act  shall  expire and be deemed repealed June 30, [2022] 2026 provided,
 further, that notwithstanding any provision of article 5 of the  general
 construction law, on June 30, [2022] 2026 the provisions of subdivisions
 3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
 b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
 2554  of  the  education  law  as repealed by section three of this act,
 subdivision 1 of section 2590-b of the  education  law  as  repealed  by
 section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
 2590-b of the education law as repealed by section seven  of  this  act,
 section 2590-c of the education law as repealed by section eight of this
 act, paragraph c of subdivision 2 of section 2590-d of the education law
 as  repealed by section twenty-six of this act, subdivision 1 of section
 2590-e of the education law as repealed by section twenty-seven of  this
 act,  subdivision  28 of section 2590-h of the education law as repealed
 by section twenty-eight of this act, subdivision 30 of section 2590-h of
 the education law as repealed by section twenty-nine of this act, subdi-
 vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
 section  thirty  of  this  act  shall  be  revived  and  be read as such
 provisions existed in law on the date immediately preceding  the  effec-
 tive  date of this act; provided, however, that sections seven and eight
 of this act shall take effect on November  30,  2003;  provided  further
 that  the  amendments to subdivision 25 of section 2554 of the education
 law made by section two of this act shall be subject to  the  expiration
 and  reversion of such subdivision pursuant to section 12 of chapter 147
 of the laws of 2001, as amended, when upon such date the  provisions  of
 section four of this act shall take effect.
   §  13. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
 amending the education law and other laws relating to the New York  city
 board of education, chancellor, community councils, and community super-
 S. 8006                            11                            A. 9006
 
 intendents,  as  amended  by section 43 of part YYY of chapter 59 of the
 laws of 2019, is amended to read as follows:
   12. any provision in sections one, two, three, four, five, six, seven,
 eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
 section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
 and be deemed repealed June 30, [2022] 2026.
   §  14. The closing paragraph of subdivision 5-a of section 3602 of the
 education law, as amended by section 12-b of part A of chapter 56 of the
 laws of 2021, 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-one] TWENTY-TWO--two thousand [twenty-two]  TWENTY-THREE  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 enti-
 tled "SA0910".
   §  15. Subdivision 12 of section 3602 of the education law, as amended
 by section 13-a of part A of chapter 56 of the laws of 2021, 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
 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.
 S. 8006                            12                            A. 9006
 
   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
 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 school year,
 each school district shall be entitled to an apportionment equal to  the
 amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
 under the heading "2019-20 ESTIMATED AIDS" in the  school  aid  computer
 listing  produced  by  the commissioner in support of the budget for the
 two thousand nineteen--two thousand  twenty  school  year  and  entitled
 "SA192-0",  and  such apportionment shall be deemed to satisfy the state
 obligation to provide an apportionment pursuant to subdivision eight  of
 section thirty-six hundred forty-one of this article.
   I.  For  the  two  thousand twenty-one--two thousand twenty-two school
 year AND THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND  TWENTY-THREE  SCHOOL
 YEAR,  each  school district shall be entitled to an apportionment equal
 to the amount set forth for such school district as  "ACADEMIC  ENHANCE-
 MENT"  under  the  heading  "2020-21  ESTIMATED  AIDS" in the school aid
 computer listing produced by the commissioner in support of  the  budget
 for  the  two  thousand  twenty--two thousand twenty-one school year and
 entitled "SA202-1", and such apportionment shall be  deemed  to  satisfy
 the state obligation to provide an apportionment pursuant to subdivision
 eight of section thirty-six hundred forty-one of this article.
 S. 8006                            13                            A. 9006
 
   §  16.  The opening paragraph of subdivision 16 of section 3602 of the
 education law, as amended by section 14-a of part A of chapter 56 of the
 laws of 2021, 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-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE
 school years equal to the greater of (1) the amount set forth  for  such
 school  district  as "HIGH TAX AID" under the heading "2008-09 BASE YEAR
 AIDS" in the school aid computer listing produced by the commissioner in
 support of the budget for the two thousand nine--two thousand ten school
 year and entitled "SA0910" or (2) the amount set forth for  such  school
 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
 the  school aid computer listing produced by the commissioner in support
 of the executive  budget  for  the  2013-14  fiscal  year  and  entitled
 "BT131-4".
   §  17.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 23 of part A of chapter 56 of the laws  of  2021,  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-two]  TWENTY-THREE; provided that the program shall continue and
 remain in full effect.
   § 18. Paragraph a of subdivision 5 of section 3604  of  the  education
 law,  as  amended by chapter 161 of the laws of 2005, is amended to read
 as follows:
   a. State aid adjustments. All errors or omissions in the apportionment
 shall be corrected by the commissioner. Whenever a school  district  has
 been  apportioned  less  money  than  that  to which it is entitled, the
 commissioner may allot to such district the balance to which it is enti-
 tled. Whenever a school district has been apportioned  more  money  than
 that  to which it is entitled, the commissioner may, by an order, direct
 such moneys to be paid back to the state to be credited to  the  general
 fund  local  assistance  account  for  state  aid to the schools, or may
 deduct such amount from the  next  apportionment  to  be  made  to  said
 district,  provided, however, that, upon notification of excess payments
 of aid for which a recovery must be made by the state through  deduction
 of  future  aid payments, a school district may request that such excess
 payments be  recovered  by  deducting  such  excess  payments  from  the
 payments due to such school district and payable in the month of June in
 S. 8006                            14                            A. 9006
 
 (i) the school year in which such notification was received and (ii) the
 two  succeeding  school  years,  provided further that there shall be no
 interest penalty assessed against such  district  or  collected  by  the
 state.  Such  request  shall be made to the commissioner in such form as
 the commissioner shall prescribe, and shall be  based  on  documentation
 that the total amount to be recovered is in excess of one percent of the
 district's  total  general  fund  expenditures  for the preceding school
 year. The amount to be deducted in the first year shall be  the  greater
 of  (i) the sum of the amount of such excess payments that is recognized
 as a liability due to other governments by the district for the  preced-
 ing  school year and the positive remainder of the district's unreserved
 fund balance at the close of the preceding school year less the  product
 of  the  district's  total  general  fund expenditures for the preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments. The amount to be recovered in the second year shall equal  the
 lesser  of  the remaining amount of such excess payments to be recovered
 or one-third of such excess payments, and the remaining amount  of  such
 excess  payments  shall be recovered in the third year. Provided further
 that, notwithstanding any other  provisions  of  this  subdivision,  any
 pending  payment  of moneys due to such district as a prior year adjust-
 ment payable pursuant to paragraph c of this subdivision for aid  claims
 that  had been previously paid as current year aid payments in excess of
 the amount to which the district is entitled and for which  recovery  of
 excess  payments  is  to  be  made  pursuant to this paragraph, shall be
 reduced at the time of  actual  payment  by  any  remaining  unrecovered
 balance  of such excess payments, and the remaining scheduled deductions
 of such excess payments pursuant to this paragraph shall be  reduced  by
 the  commissioner  to reflect the amount so recovered. [The commissioner
 shall certify no payment to a school district based on a claim submitted
 later than three years after the close of the school year in which  such
 payment  was first to be made.  For claims for which payment is first to
 be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
 the  commissioner shall certify no payment to a school district based on
 a claim submitted later than two years after the close  of  such  school
 year.] For claims for which payment is first to be made [in the nineteen
 hundred  ninety-seven--ninety-eight school year and thereafter] PRIOR TO
 THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO  SCHOOL  YEAR,  the
 commissioner  shall  certify  no payment to a school district based on a
 claim submitted later than one year after the close of such school year.
 FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE  IN  THE  TWO  THOUSAND
 TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO  SCHOOL  YEAR  AND THEREAFTER, THE
 COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT  BASED  ON  A
 CLAIM  SUBMITTED  LATER  THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR.
 Provided, however, no payments shall be barred  or  reduced  where  such
 payment  is  required  as a result of a final audit of the state. [It is
 further provided that, until June thirtieth,  nineteen  hundred  ninety-
 six,  the  commissioner  may  grant a waiver from the provisions of this
 section for any school district if it is in the best educational  inter-
 ests of the district pursuant to guidelines developed by the commission-
 er and approved by the director of the budget.] FURTHER, PROVIDED, THAT,
 FOR  ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE,
 SEVEN HUNDRED ELEVEN, SEVEN  HUNDRED  FIFTY-ONE,  SEVEN  HUNDRED  FIFTY-
 THREE,  NINETEEN  HUNDRED  FIFTY,  THIRTY-SIX  HUNDRED  TWO,  THIRTY-SIX
 HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX  HUNDRED  TWO-E  AND
 FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-ONE-
 -TWO THOUSAND TWENTY-TWO AND TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWEN-
 S. 8006                            15                            A. 9006
 
 TY-THREE  SCHOOL  YEARS,  THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A
 SCHOOL DISTRICT, OTHER THAN  PAYMENTS  PURSUANT  TO  SUBDIVISIONS  FOUR,
 SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
 FILE  USED  TO  PRODUCE  THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
 COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET  REQUEST  SUBMITTED  FOR
 THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE STATE FISCAL YEAR
 AND ENTITLED "BT222-3", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
 PROVIDED  PURSUANT  TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
 SEVEN HUNDRED FIFTY-ONE, SEVEN  HUNDRED  FIFTY-THREE,  NINETEEN  HUNDRED
 FIFTY,    THIRTY-SIX  HUNDRED  TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX
 HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED  FIVE  OF
 THIS CHAPTER FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR
 SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
 A  SCHOOL  DISTRICT,  OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS FOUR,
 SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
 FILE USED TO PRODUCE THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY  THE
 COMMISSIONER  IN  SUPPORT  OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
 THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
   § 19. The opening paragraph of section 3609-a of the education law, as
 amended by section 26 of part A of chapter 56 of the laws  of  2021,  is
 amended to read as follows:
   For  aid  payable in the two thousand seven--two thousand eight school
 year through the two thousand twenty-one--two thousand 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 six-a and
 subdivision fifteen of section thirty-six hundred two of this part minus
 any  reductions  to  current  year aids pursuant to subdivision seven of
 section thirty-six hundred four of  this  part  or  any  deduction  from
 apportionment  payable  pursuant  to  this  chapter  for collection of a
 school district basic contribution as defined in  subdivision  eight  of
 section forty-four hundred one of this chapter, less any grants provided
 pursuant  to  subparagraph  two-a  of paragraph b of subdivision four of
 section ninety-two-c of the state finance law, less any grants  provided
 pursuant  to  subdivision five of section ninety-seven-nnnn of the state
 finance law, less any grants provided pursuant to subdivision twelve  of
 section thirty-six hundred forty-one of this article, or (ii) the appor-
 tionment  calculated  by  the  commissioner based on data on file at the
 time the payment is processed; provided however, that for  the  purposes
 of  any  payments made pursuant to this section prior to the first busi-
 ness day of June of the  current  year,  moneys  apportioned  shall  not
 include  any  aids payable pursuant to subdivisions six and fourteen, if
 applicable, of section thirty-six hundred two of this  part  as  current
 year  aid for debt service on bond anticipation notes and/or bonds first
 issued in the current year or any aids payable for full-day kindergarten
 for the current year pursuant to subdivision nine of section  thirty-six
 hundred  two  of  this part. The definitions of "base year" and "current
 year" as set forth in subdivision one of section thirty-six hundred  two
 of  this  part  shall apply to this section. [For aid payable in the two
 S. 8006                            16                            A. 9006

 thousand twenty-one--two thousand twenty-two school year,  reference  to
 such  "school  aid computer listing for the current year" shall mean the
 printouts entitled "SA212-2".] FOR AID PAYABLE IN THE TWO THOUSAND TWEN-
 TY-TWO--TWO  THOUSAND  TWENTY-THREE  SCHOOL YEAR AND THEREAFTER, "MONEYS
 APPORTIONED" SHALL MEAN THE SUM OF APPORTIONMENTS PROVIDED  PURSUANT  TO
 SUBDIVISION  FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE PLUS
 THE LESSER OF: (1) THE SUM OF ONE  HUNDRED  PERCENT  OF  THE  RESPECTIVE
 AMOUNT  SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS
 SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED
 BY THE COMMISSIONER IN SUPPORT OF THE  EXECUTIVE  BUDGET  REQUEST  WHICH
 INCLUDES  THE  APPROPRIATION  FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS
 FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED  PAYMENTS  DUE  PRIOR  TO
 APRIL  FIRST  FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING
 THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A  AND  FIFTEEN  OF
 SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THIS PART MINUS ANY REDUCTIONS TO
 CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN  OF  SECTION  THIRTY-SIX
 HUNDRED  FOUR  OF  THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE
 PURSUANT TO THIS CHAPTER FOR  COLLECTION  OF  A  SCHOOL  DISTRICT  BASIC
 CONTRIBUTION  AS  DEFINED  IN  SUBDIVISION  EIGHT  OF SECTION FORTY-FOUR
 HUNDRED ONE OF THIS  CHAPTER,  LESS  ANY  GRANTS  PROVIDED  PURSUANT  TO
 SUBPARAGRAPH  TWO-A  OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINE-
 TY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT  TO
 SUBDIVISION  SIX  OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW,
 LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIR-
 TY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, LESS  APPORTIONMENTS  PROVIDED
 PURSUANT  TO  SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
 ARTICLE, OR (2) THE APPORTIONMENT CALCULATED BY THE  COMMISSIONER  BASED
 ON  DATA  ON FILE AT THE TIME THE PAYMENT IS PROCESSED, EXCLUDING APPOR-
 TIONMENTS PROVIDED PURSUANT TO SUBDIVISION FOUR  OF  SECTION  THIRTY-SIX
 HUNDRED  TWO OF THIS ARTICLE; 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  APPLICA-
 BLE,  OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID
 FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN
 THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN  FOR  THE
 CURRENT  YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED
 TWO OF THIS PART. FOR AID PAYABLE IN THE  TWO  THOUSAND  TWENTY-TWO--TWO
 THOUSAND TWENTY-THREE SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUT-
 ER  LISTING  FOR  THE  CURRENT  YEAR"  SHALL MEAN THE PRINTOUTS ENTITLED
 "BT222-3".
   § 20. 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
 39  of  part  A of chapter 56 of the laws of 2021, is amended to read as
 follows:
   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,  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  twenty-
 five  cents  per  contact  hour,  [and] reimbursement for the 2021--2022
 S. 8006                            17                            A. 9006
 
 school year shall not exceed 56.0 percent of the lesser of such approva-
 ble costs per contact hour  or  sixteen  dollars  and  forty  cents  per
 contact hour, AND REIMBURSEMENT FOR THE 2022--2023 SCHOOL YEAR SHALL NOT
 EXCEED  55.7  PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT
 HOUR OR SEVENTEEN DOLLARS AND FIVE CENTS PER CONTACT HOUR, and  where  a
 contact  hour  represents sixty minutes of instruction services provided
 to an eligible adult.  Notwithstanding any other provision of law to the
 contrary, for the 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 thousand four
 hundred  forty-four  (1,444,444);  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) ; AND FOR THE 2022-
 -2023 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION  THREE
 HUNDRED  SIXTY-NINE  THOUSAND  EIGHT  HUNDRED  SIXTY-THREE  (1,369,863).
 Notwithstanding any other provision of law to the contrary,  the  appor-
 tionment 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 eligi-
 ble for aid in accordance with the provisions of such subdivision 11  of
 section 3602 of the education law.
   §  21. 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 aa to read as follows:
   AA. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION  OF PAYMENTS FOR THE 2022-23 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).
   §  22. 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 41 of part A of
 chapter 56 of the laws of 2021, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed on June 30, [2022] 2023.
   § 23. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating to certain provisions related to the 1994-95 state  operations,
 aid to localities, capital projects and debt service budgets, as amended
 by section 33 of part A of chapter 56 of the laws of 2020, is amended to
 read as follows:
   1.  Sections  one  through seventy of this act shall be deemed to have
 been in full force and effect as of April  1,  1994  provided,  however,
 that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
 through seventy of this act shall expire and be deemed repealed on March
 31, 2000; provided, however, that section twenty of this act shall apply
 only to hearings commenced prior to  September  1,  1994,  and  provided
 further  that  section twenty-six of this act shall expire and be deemed
 repealed on March 31, 1997; and  provided  further  that  sections  four
 S. 8006                            18                            A. 9006
 
 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
 twenty-one-a  of  this  act shall expire and be deemed repealed on March
 31, 1997; and provided further that sections three, fifteen,  seventeen,
 twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
 deemed repealed on March 31, [2022] 2024.
   § 24. 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 42 of part A of
 chapter 56 of the laws of 2021, 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, [2022] 2023 when
 upon such date the provisions of this act shall be deemed repealed.
   §  25.  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  43 of part A of chapter 56 of the laws of 2021, 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,
 2022].
   § 26. 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 44 of part A of chapter 56 of the
 laws of 2021, 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, 2022].
   § 27. Section 2 of chapter 552 of  the  laws  of  1995,  amending  the
 education  law  relating  to  contracts for the transportation of school
 children, as amended by section 45 of part YYY of chapter 59 of the laws
 of 2019, is amended to read as follows:
   § 2. This act shall take effect on  the  first  day  of  January  next
 succeeding the date on which it shall have become a law and shall remain
 in  full  force  and effect until January 1, [2023] 2028, when upon such
 date the provisions of this act shall be deemed repealed.
   § 28. School bus driver training. In addition to apportionments other-
 wise provided by section 3602 of the education law, for aid  payable  in
 the  2022-2023  through the 2026-2027 school years, subject to available
 appropriation, 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-profit educa-
 tional organizations for the purposes of  this  section.  Such  payments
 shall  not  exceed  four  hundred thousand dollars ($400,000) per school
 year.
   § 29. Special apportionment for salary  expenses.  a.  Notwithstanding
 any  other  provision  of  law,  upon application to the commissioner of
 education, not sooner than the first day of  the  second  full  business
 week  of  June  2023  and  not later than the last day of the third full
 business week of June 2023, 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, 2023, for salary expenses incurred between April  1  and
 June 30, 2022 and such apportionment shall not exceed the sum of (i) the
 S. 8006                            19                            A. 9006
 
 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 appor-
 tionment 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 paragraph, 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.
   §  30. 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, 2023, 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, 2023 and such apportionment shall
 not exceed the  additional  accruals  required  to  be  made  by  school
 S. 8006                            20                            A. 9006
 
 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 appor-
 tionment 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 paragraph, 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.
   §  31.  Section  1950  of the education law is amended by adding a new
 subdivision 8-d to read as follows:
   8-D. 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 AS A NON-COMPONENT  SCHOOL  DISTRICT,  SERVICES  REQUIRED  BY
 ARTICLE NINETEEN OF THE EDUCATION LAW.
   §  32. 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 2022--2023  school  year.  For  the  city
 school  district  of  the city of New York there shall be a set-aside of
 foundation aid equal to forty-eight  million  one  hundred  seventy-five
 S. 8006                            21                            A. 9006
 
 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 set-aside  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 2022--2023 school  year,  and
 for  any city school district in a city having a population of more than
 one million,  the  set-aside  for  attendance  improvement  and  dropout
 prevention  shall  equal  the amount set aside in the base year. For the
 2022--2023 school year, it is further  provided  that  any  city  school
 district  in  a  city having a population of more than one million shall
 allocate at least one-third of any increase from  base  year  levels  in
 funds set aside pursuant to the requirements of this section to communi-
 ty-based  organizations.  Any increase required pursuant to this section
 to community-based organizations must  be  in  addition  to  allocations
 provided to community-based organizations in the base year.
   d.  For the purpose of teacher support for the 2022--2023 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
 S. 8006                            22                            A. 9006
 
 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.
   §  33.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2022  enacting
 the  aid  to  localities  budget shall be apportioned for the 2022--2023
 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 2022--2023
 by a chapter of the laws of 2022 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 ensure that the total amount of aid payable
 does not exceed the total appropriations for such purpose.
   § 34. 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 or
 part of this act or remainder thereof, as the case may be, to any  other
 person  or  circumstance,  but shall be confined in its operation to the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 35. This act shall take effect immediately, and shall be  deemed  to
 have been in full force and effect on and after April 1, 2022, provided,
 however, that:
 S. 8006                            23                            A. 9006
 
   1. Sections one, two, seven, eight, fourteen, fifteen, sixteen, seven-
 teen, nineteen, twenty-two, twenty-five, twenty-six, twenty-eight, thir-
 ty-one, and thirty-two, of this act shall take effect July 1, 2022;
   2.  Sections  three,  four, and five shall take effect immediately and
 shall expire September 30, 2024 when upon such date  the  provisions  of
 such sections shall be deemed repealed; and
   3.  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 twenty and twenty-one
 of this act shall not affect the repeal of such  chapter  and  shall  be
 deemed repealed therewith.
 
                                  PART B
 
   Section  1.  The education law is amended by adding a new section 3638
 to read as follows:
   § 3638. ZERO-EMISSION SCHOOL BUSES.   1.  FOR  THE  PURPOSES  OF  THIS
 SECTION  "ZERO-EMISSION SCHOOL BUS" SHALL MEAN A SCHOOL BUS THAT: (A) IS
 PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED  POWER  ELECTRONICS  WHICH
 PROVIDE  ACCELERATION  TORQUE  TO THE DRIVE WHEELS DURING NORMAL VEHICLE
 OPERATIONS; AND (B) DRAWS ELECTRICITY  FROM  A  HYDROGEN  FUEL  CELL  OR
 BATTERY.
   2.  NO  LATER THAN JULY FIRST, TWO THOUSAND TWENTY-SEVEN, EVERY SCHOOL
 DISTRICT SHALL:
   (A) ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES WHEN  PURCHASING
 OR LEASING NEW BUSES; AND
   (B)  INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
 SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR  THE
 SCHOOL  DISTRICT  MUST ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES
 WHEN PURCHASING OR LEASING NEW SCHOOL BUSES.
   3. NO LATER THAN JULY FIRST, TWO THOUSAND  THIRTY-FIVE,  EVERY  SCHOOL
 DISTRICT SHALL:
   (A) ONLY OPERATE AND MAINTAIN ZERO-EMISSION SCHOOL BUSES; AND
   (B)  INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
 SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR  THE
 SCHOOL  DISTRICT  MUST  ONLY  OPERATE  ZERO-EMISSION  SCHOOL  BUSES WHEN
 PROVIDING SUCH TRANSPORTATION SERVICES TO THE SCHOOL DISTRICT.
   § 2. Paragraphs c, d and e of subdivision 2 of section 3623-a  of  the
 education  law,  paragraph  c  as  amended by chapter 453 of the laws of
 2005, paragraph d as added by chapter 474 of the laws of 1996, and para-
 graph e as amended by section 66 of part A of chapter 436 of the laws of
 1997, are amended and a new paragraph f is added to read as follows:
   c. The purchase of equipment deemed a proper school district  expense,
 including:  (i) the purchase of two-way radios to be used on old and new
 school buses, (ii) the purchase of stop-arms, to be used on old and  new
 school  buses,  (iii) the purchase and installation of seat safety belts
 on school buses in accordance with the provisions of section  thirty-six
 hundred  thirty-five-a  of this article, (iv) the purchase of school bus
 back up beepers, (v) the purchase of school  bus  front  crossing  arms,
 (vi)  the  purchase  of  school  bus  safety  sensor  devices, (vii) the
 purchase and installation  of  exterior  reflective  marking  on  school
 buses,  (viii)  the  purchase  of  automatic  engine  fire extinguishing
 systems for school buses used to transport students who use  wheelchairs
 or  other  assistive  mobility  devices,  and (ix) the purchase of other
 equipment as prescribed in the regulations of the commissioner; [and]
 S. 8006                            24                            A. 9006

   d. Other transportation capital, debt service and  lease  expense,  as
 approved pursuant to regulations of the commissioner[.];
   e.  Any  approved  cost  of  construction,  reconstruction,  lease  or
 purchase of a transportation storage facility or site in the  amount  of
 ten  thousand dollars or more shall be aidable in accordance with subdi-
 vision six of section thirty-six hundred two of this article  and  shall
 not be aidable as transportation expense[.]; AND
   F.  APPROVED  COSTS  RELATING TO THE LEASE, PURCHASE, CONSTRUCTION, OR
 INSTALLATION OF ZERO-EMISSION SCHOOL BUS ELECTRIC CHARGING  OR  HYDROGEN
 FUELING  STATIONS.  FOR  THE  PURPOSES  OF THIS SECTION, A ZERO-EMISSION
 SCHOOL BUS ELECTRIC CHARGING STATION IS A STATION  THAT  DELIVERS  ELEC-
 TRICITY  FROM  A  SOURCE  OUTSIDE A ZERO-EMISSION SCHOOL BUS INTO ONE OR
 MORE ZERO-EMISSION SCHOOL BUSES. AN ELECTRIC SCHOOL BUS CHARGING STATION
 MAY INCLUDE SEVERAL  CHARGE  POINTS  SIMULTANEOUSLY  CONNECTING  SEVERAL
 ZERO-EMISSION  SCHOOL  BUSES  TO  THE  STATION AND ANY RELATED EQUIPMENT
 NEEDED TO FACILITATE CHARGING PLUG-IN ZERO-EMISSION SCHOOL BUSES.
   § 3. Paragraph e of subdivision 7 of section  3602  of  the  education
 law,  as  amended  by  section  4 of part L of chapter 57 of the laws of
 2005, is amended to read as follows:
   e. In determining approved transportation capital,  debt  service  and
 lease expense for aid payable in the two thousand five--two thousand six
 school  year  and  thereafter,  the  commissioner,  after  applying  the
 provisions of paragraph c of this subdivision  to  such  expense,  shall
 establish  an  assumed amortization pursuant to this paragraph to deter-
 mine the approved capital, debt service and lease expense of the  school
 district  that is aidable in the current year, whether or not the school
 district issues debt for such expenditures,  subject  to  any  deduction
 pursuant  to  paragraph d of this subdivision. Such assumed amortization
 shall be for a period of five years, AND FOR THE  TWO  THOUSAND  TWENTY-
 TWO--TWO  THOUSAND  TWENTY-THREE SCHOOL YEAR AND THEREAFTER SUCH ASSUMED
 AMORTIZATION FOR ZERO-EMISSION SCHOOL BUSES AS DEFINED IN SECTION  THIR-
 TY-SIX  HUNDRED  THIRTY-EIGHT OF THIS CHAPTER AND RELATED COSTS PURSUANT
 TO PARAGRAPH F OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED  TWENTY-
 THREE-A  OF  THIS  CHAPTER SHALL BE FOR A PERIOD OF TEN YEARS, and shall
 commence twelve months after the school district enters into a  purchase
 contract[,] OR lease of the school bus, CHARGING STATION, HYDROGEN REFU-
 ELING STATION, or equipment, or a general contract for the construction,
 reconstruction,  lease  or purchase of a transportation storage facility
 or site in an amount less than ten thousand dollars[; except that  where
 expenses  were  incurred  for  the  purchase or lease of a school bus or
 equipment or the construction, reconstruction, lease or  purchase  of  a
 transportation  storage  facility or site prior to July first, two thou-
 sand five and debt service was still outstanding or the lease was  still
 in effect as of such date, the assumed amortization shall commence as of
 July  first,  two thousand five and the period of the amortization shall
 be for a period equal to five years less the number of years, rounded to
 the nearest year, elapsed from the date upon which the  school  district
 first  entered  into such purchase contract or general contract and July
 first, two thousand five, as determined  by  the  commissioner,  or  the
 remaining  term of the lease as of such date]. Such assumed amortization
 shall provide for equal semiannual payments of  principal  and  interest
 based on an assumed interest rate established by the commissioner pursu-
 ant to this paragraph. By the first day of September of the current year
 commencing  with  the  two  thousand five--two thousand six school year,
 each school district shall provide  to  the  commissioner  in  a  format
 prescribed  by  the  commissioner  such  information as the commissioner
 S. 8006                            25                            A. 9006
 
 shall require for all capital debt  incurred  by  such  school  district
 during  the  preceding  school  year  for expenses allowable pursuant to
 subdivision two of section thirty-six  hundred  twenty-three-a  of  this
 article.   Based  on  such  reported  amortizations  and  a  methodology
 prescribed by the commissioner in regulations,  the  commissioner  shall
 compute  an  assumed  interest  rate that shall equal the average of the
 interest rates applied to all such  debt  issued  during  the  preceding
 school  year.  The  assumed  interest rate shall be the interest rate of
 each such school  district  applicable  to  the  current  year  for  the
 purposes  of  this paragraph and shall be expressed as a decimal to five
 places rounded to the nearest eighth of one-one hundredth.
   § 4. Subparagraph 7 of paragraph e of subdivision 1 of section  3623-a
 of  the  education  law, as added by chapter 474 of the laws of 1996, is
 amended to read as follows:
   (7) fuel, oil, tires,  chains,  maintenance  and  repairs  for  school
 buses,  PROVIDED  THAT  FOR PURPOSES OF THIS ARTICLE, FUEL SHALL INCLUDE
 ELECTRICITY USED TO CHARGE OR  HYDROGEN  USED  TO  REFUEL  ZERO-EMISSION
 SCHOOL  BUSES  FOR  THE  AIDABLE TRANSPORTATION OF PUPILS, BUT SHALL NOT
 INCLUDE ELECTRICITY OR HYDROGEN USED FOR OTHER PURPOSES;
   § 5. Clause (a) of subdivision 29 of paragraph a of section  11.00  of
 the  local  finance  law,  as amended by section 2 of chapter 300 of the
 laws of 1971, is amended to read as follows:
   (a) a passenger vehicle, other than a ZERO-EMISSION school bus, having
 a seating capacity of less than ten persons,
   § 6. Subdivision 21-a of section 1604 of the education law,  as  added
 by chapter 472 of the laws of 1998, is amended to read as follows:
   21-a.  To  lease a motor vehicle or vehicles to be used for the trans-
 portation of the children of the district from a school district,  board
 of  cooperative  educational services or county vocational education and
 extension board or from any other source, under the conditions specified
 in this subdivision. No such agreement for the lease of a motor  vehicle
 or  vehicles  shall be for a term of more than one school year, provided
 that when authorized by a vote of the qualified voters of  the  district
 such  lease  may  have  a term of up to five years, OR TEN YEARS FOR THE
 LEASE OF ZERO-EMISSION SCHOOL BUSES AS  DEFINED  IN  SECTION  THIRTY-SIX
 HUNDRED  THIRTY-EIGHT  OF  THIS  CHAPTER.  Where the trustee or board of
 trustees enter into a lease of a motor vehicle or vehicles  pursuant  to
 this  subdivision for a term of one school year or less, such trustee or
 board shall not be authorized to enter into another lease for  the  same
 or  an  equivalent replacement vehicle or vehicles, as determined by the
 commissioner, without obtaining approval of the qualified voters of  the
 school district.
   §  7.  Paragraph  i of subdivision 25 of section 1709 of the education
 law, as added by chapter 472 of the laws of 1998, is amended to read  as
 follows:
   i.  In addition to the authority granted in paragraph e of this subdi-
 vision, the board of education shall be  authorized  to  lease  a  motor
 vehicle or vehicles to be used for the transportation of the children of
 the district from sources other than a school district, board of cooper-
 ative  educational services or county vocational education and extension
 board under the conditions specified in this paragraph. No  such  agree-
 ment for the lease of a motor vehicle or vehicles shall be for a term of
 more  than  one  school year, provided that when authorized by a vote of
 the qualified voters of the district such lease may have a term of up to
 five years, OR TEN YEARS FOR THE LEASE OF ZERO-EMISSION SCHOOL BUSES  AS
 DEFINED  IN  SECTION  THIRTY-SIX  HUNDRED  THIRTY-EIGHT OF THIS CHAPTER.
 S. 8006                            26                            A. 9006
 
 Where the board of education enters a lease of a motor vehicle or  vehi-
 cles  pursuant  to this paragraph for a term of one school year or less,
 such board shall not be authorized to enter into another  lease  of  the
 same  or an equivalent replacement vehicle or vehicles, as determined by
 the commissioner, without obtaining approval of the voters.
   § 8. Subdivision 29-a of paragraph a of section  11.00  of  the  local
 finance  law, as added by section 1 of part BB of chapter 58 of the laws
 of 2015, is amended to read as follows:
   29-a. Transit motor vehicles. The purchase of municipally owned  omni-
 bus  or similar surface transit motor vehicles OR A ZERO-EMISSION SCHOOL
 BUS OWNED BY A SCHOOL DISTRICT DEFINED PURSUANT TO  SUBDIVISION  TWO  OF
 SECTION TWO OF THIS CHAPTER, A CITY SCHOOL DISTRICT WITH A POPULATION OF
 MORE  THAN  ONE  HUNDRED  TWENTY-FIVE  THOUSAND INHABITANTS, OR BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES, ten years.
   § 9. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Subdivision 2 of section 3001  of  the  education  law,  as
 amended  by  chapter  658  of  the  laws  of 2002, is amended to read as
 follows:
   2. Not in possession of a teacher's certificate  OR  TEMPORARY  PERMIT
 issued  under  the  authority of this chapter or a diploma issued on the
 completion of a course in state college for teachers or  state  teachers
 college of this state.
   The  provisions  of  this  subdivision  shall not prohibit a certified
 teacher from permitting a practice  or  cadet  teacher  enrolled  in  an
 approved  teacher  education  program  from teaching a class without the
 presence of the certified teacher in the classroom provided  the  class-
 room certified teacher is available at all times and retains supervision
 of the practice or cadet teacher. The number of certified teachers shall
 not be diminished by reason of the presence of cadet teachers.
   §  2.  The  education law is amended by adding a new section 3001-e to
 read as follows:
   § 3001-E. TEMPORARY PROFESSIONAL  PERMIT;  APPLICANT  PENDING  CERTIF-
 ICATE.  UPON SUBMISSION TO THE DEPARTMENT OF A COMPLETED APPLICATION AND
 DOCUMENTATION NECESSARY TO DEMONSTRATE QUALIFICATIONS REQUIRED TO OBTAIN
 A  TEACHER'S  CERTIFICATE  OR OTHER SCHOOL PROFESSION CERTIFICATE ISSUED
 UNDER THIS ARTICLE, AND THE APPLICANT'S WRITTEN ATTESTATION UNDER PENAL-
 TY OF PERJURY THAT THE APPLICANT HAS MET ALL REQUIREMENTS  OF  OBTAINING
 SUCH CERTIFICATE, THE COMMISSIONER SHALL ISSUE TO SUCH APPLICANT, WITHIN
 FIVE  BUSINESS  DAYS OF THE APPLICATION'S SUBMISSION, A TEMPORARY PERMIT
 VALIDATING HIS OR HER EMPLOYMENT IN A TEACHING CAPACITY OR OTHER PROFES-
 SIONAL CAPACITY, AS THE CASE MAY BE, IN THE PUBLIC SCHOOLS OF THE STATE.
 SUCH APPLICATION SHALL BE IN A FORM REQUIRED BY  THE  COMMISSIONER.    A
 TEMPORARY  PERMIT  SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUE, OR UPON
 ISSUANCE OF A CERTIFICATE BY THE COMMISSIONER, OR  UPON  NOTICE  TO  THE
 APPLICANT  BY  THE DEPARTMENT THAT THE APPLICATION FOR A CERTIFICATE HAS
 BEEN DENIED, WHICHEVER SHALL OCCUR FIRST.  THE  HOLDER  OF  A  TEMPORARY
 PERMIT  SHALL  BE  EMPLOYED IN A TEACHING CAPACITY OR OTHER PROFESSIONAL
 CAPACITY, AS THE CASE MAY BE, IN A PUBLIC SCHOOL ONLY UNDER  THE  SUPER-
 VISION  AND  MENTORSHIP OF A PROFESSIONAL HOLDING A PERMANENT OR PROFES-
 SIONAL CERTIFICATE IN THE SAME PROFESSION IN NEW YORK STATE AND EMPLOYED
 IN THE SAME SCHOOL BUILDING, AND WITH THE ENDORSEMENT OF  THE  EMPLOYING
 SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
 S. 8006                            27                            A. 9006
 
   §  3.  The  education law is amended by adding a new section 3001-f to
 read as follows:
   §  3001-F.  EMPLOYMENT  OF  INDIVIDUALS  HOLDING EXPIRED CERTIFICATES.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, REGULATION, OR RULE  TO  THE
 CONTRARY,  AN INDIVIDUAL HOLDING A CERTIFICATE ISSUED UNDER THIS ARTICLE
 WHICH HAS EXPIRED, AND WHO HAS REMAINED OTHERWISE QUALIFIED TO HOLD SUCH
 CERTIFICATE, SHALL BE AUTHORIZED TO BE EMPLOYED IN A  TEACHING  CAPACITY
 OR  OTHER PROFESSIONAL CAPACITY, AS THE CASE MAY BE AND AS ALLOWED UNDER
 THEIR EXPIRED CERTIFICATE, IN THE  PUBLIC  SCHOOLS  OF  THE  STATE  UPON
 NOTIFICATION  TO  THE COMMISSIONER AND PAYMENT OF THE APPLICABLE CERTIF-
 ICATE FEE. SUCH NOTIFICATION SHALL  BE  IN  A  FORM  DETERMINED  BY  THE
 COMMISSIONER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE
 COMMISSIONER  FROM  TAKING  ANY  INVESTIGATORY OR DISCIPLINARY ACTION AS
 AUTHORIZED UNDER LAW.
   § 4. Subdivision 1 of section 3006 of the education law is amended  by
 adding a new paragraph f to read as follows:
   F.  A  TEMPORARY PROFESSIONAL PERMIT AS AUTHORIZED UNDER SECTION THREE
 THOUSAND ONE-E OF THIS ARTICLE.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law;  provided, however, that section three of this act
 shall expire and be deemed repealed June 30, 2024. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such date.
 
                                  PART D
 
   Section 1. Subparagraph 4-b of paragraph h of subdivision 2 of section
 355 of the education law, as added by section 1 of part GG of chapter 56
 of the laws of 2021, is amended to read as follows:
   (4-b) [(i)] In state fiscal year two thousand twenty-two--two thousand
 twenty-three AND THEREAFTER, the state shall appropriate and make avail-
 able  general  fund  operating  support  in  the amount of [thirty-three
 percent of] the  tuition  credit  calculated  pursuant  to  section  six
 hundred  eighty-nine-a of this chapter [for the two thousand twenty-two-
 -two thousand twenty-three academic year.
   (ii) In state fiscal  year  two  thousand  twenty-three--two  thousand
 twenty-four, the state shall appropriate and make available general fund
 operating  support  in  the amount of sixty-seven percent of the tuition
 credit calculated pursuant to section six hundred eighty-nine-a of  this
 chapter  for  the  two  thousand  twenty-three--two thousand twenty-four
 academic year.
   (iii) Beginning in state fiscal  year  two  thousand  twenty-four--two
 thousand  twenty-five  and  thereafter,  the state shall appropriate and
 make available general fund operating  support  in  the  amount  of  the
 tuition  credit calculated pursuant to section six hundred eighty-nine-a
 of this chapter] annually.
   § 2. Paragraph (f) of subdivision 7 of section 6206 of  the  education
 law, as added by section 2 of part GG of chapter 56 of the laws of 2021,
 is amended to read as follows:
   (f)  [(i)]  In state fiscal year two thousand twenty-two--two thousand
 twenty-three AND THEREAFTER, the state shall appropriate and make avail-
 able general fund operating  support  in  the  amount  of  [thirty-three
 percent  of]  the  tuition  credit  calculated  pursuant  to section six
 hundred eighty-nine-a of this chapter [for the two thousand  twenty-two-
 -two thousand twenty-three academic year.
 S. 8006                            28                            A. 9006

   (ii)  In  state  fiscal  year  two thousand twenty-three--two thousand
 twenty-four, the state shall appropriate and make available general fund
 operating support in the amount of sixty-seven percent  of  the  tuition
 credit  calculated pursuant to section six hundred eighty-nine-a of this
 chapter  for  the  two  thousand  twenty-three--two thousand twenty-four
 academic year.
   (iii) Beginning in state fiscal  year  two  thousand  twenty-four--two
 thousand  twenty-five  and  thereafter,  the state shall appropriate and
 make available general fund operating  support  in  the  amount  of  the
 tuition  credit calculated pursuant to section six hundred eighty-nine-a
 of this chapter] annually.
   § 3. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Section 667-c of the education law, as added by  section  1
 of  part  N  of  chapter  58  of the laws of 2006, is amended to read as
 follows:
   § 667-c. Part-time tuition assistance program awards. 1. Notwithstand-
 ing any law, rule or regulation to the contrary, the  president  of  the
 higher  education  services  corporation  is  authorized to make tuition
 assistance program awards to:
   A. part-time students enrolled at the state  university,  a  community
 college,  the  city  university of New York, and a non-profit college or
 university incorporated by the regents or by the  legislature  who  meet
 all  requirements  for  tuition assistance program awards except for the
 students' part-time attendance; OR
   B. STUDENTS ENROLLED PART-TIME AT A COMMUNITY COLLEGE IN A  NON-DEGREE
 WORKFORCE CREDENTIAL PROGRAM APPROVED BY THE NEW YORK STATE EMPIRE STATE
 DEVELOPMENT  CORPORATION AND THE NEW YORK STATE REGIONAL ECONOMIC DEVEL-
 OPMENT COUNCILS BASED ON AN ANALYSIS OF REGIONAL INDUSTRY TRENDS,  WORK-
 FORCE NEEDS AND EXISTING PROGRAM OFFERINGS.
   2. For purposes of this section[, a part-time student is one who]:
   a.  FOR  STUDENTS  DEFINED  IN  PARAGRAPH A OF SUBDIVISION ONE OF THIS
 SECTION, A PART-TIME STUDENT IS ONE WHO: (I) enrolled  as  a  first-time
 freshman  during  the two thousand six--two thousand seven academic year
 or thereafter at a college or university within  the  state  university,
 including  a  statutory  or contract college, a community college estab-
 lished pursuant to article one hundred twenty-six of this  chapter,  the
 city  university  of  New  York,  or  a non-profit college or university
 incorporated by the regents or by the legislature;
   [b. has earned at least twelve credits  in  each  of  two  consecutive
 semesters at one of the institutions named in paragraph a of this subdi-
 vision by the time of the awards;
   c.]  (II)  is  enrolled for at least six but less than twelve semester
 hours, or the equivalent, per  semester  in  an  approved  undergraduate
 degree program; and
   [d.] (III) has a cumulative grade-point average of at least 2.00.
   B.  FOR  STUDENTS  DEFINED  IN  PARAGRAPH B OF SUBDIVISION ONE OF THIS
 SECTION, A PART-TIME STUDENT IS ONE WHO: (I) MEETS ALL REQUIREMENTS  FOR
 TUITION  ASSISTANCE  PROGRAM  AWARDS  EXCEPT FOR THE STUDENT'S PART-TIME
 ATTENDANCE AND ANY OTHER REQUIREMENTS THAT  ARE  INCONSISTENT  WITH  THE
 STUDENT'S ENROLLMENT IN A NON-DEGREE PROGRAM; AND
   (II)  IS  ENROLLED  IN  AN  APPROVED  NON-DEGREE  WORKFORCE CREDENTIAL
 PROGRAM AT A COMMUNITY  COLLEGE  ESTABLISHED  PURSUANT  TO  ARTICLE  ONE
 HUNDRED TWENTY-SIX OF THIS CHAPTER.
 S. 8006                            29                            A. 9006
 
   3.  a. For part-time students defined in this section, the award shall
 be calculated as provided in section six  hundred  sixty-seven  of  this
 article and shall be in an amount equal to the enrollment factor percent
 of  the  award  the  student would have been eligible for if the student
 were  enrolled  full-time. [The] FOR PART-TIME STUDENTS DEFINED IN PARA-
 GRAPH A OF SUBDIVISION  ONE  OF  THIS  SECTION,  THE  enrollment  factor
 percent is the percentage obtained by dividing the number of credits the
 student  is  enrolled  in,  as certified by the school, by the number of
 credits required for full-time study in the semester, quarter or term as
 defined by the commissioner.  FOR PART-TIME STUDENTS  DEFINED  IN  PARA-
 GRAPH  B OF SUBDIVISION ONE OF THIS SECTION, THE ENROLLMENT FACTOR SHALL
 BE CALCULATED PURSUANT TO REGULATIONS ESTABLISHED BY THE  HIGHER  EDUCA-
 TION SERVICES CORPORATION.
   b. [Any] (I) FOR PART-TIME STUDENTS DEFINED IN PARAGRAPH A OF SUBDIVI-
 SION  ONE  OF  THIS SECTION, ANY semester, quarter or term of attendance
 during which a student receives an award pursuant to this section  shall
 be  counted  as  the enrollment factor percent of a semester, quarter or
 term toward the maximum  term  of  eligibility  for  tuition  assistance
 awards  pursuant to section six hundred sixty-seven of this article. The
 total period of study for which payment may be made shall not exceed the
 equivalent of the maximum period authorized for that award.
   (II) FOR PART-TIME STUDENTS AS DEFINED IN PARAGRAPH B  OF  SUBDIVISION
 ONE  OF THIS SECTION, THE TOTAL PERIOD OF STUDY FOR WHICH PAYMENT MAY BE
 MADE SHALL NOT EXCEED THE EQUIVALENT OF THE  MAXIMUM  PERIOD  AUTHORIZED
 FOR THE NON-DEGREE WORKFORCE CREDENTIAL PROGRAM.
   § 2. This act shall take effect immediately.
 
                                  PART F
 
   Section  1.  Subparagraph  (v)  of  paragraph  b-1 of subdivision 4 of
 section 661 of the education law is REPEALED.
   § 2. Subparagraphs (iii) and (iv) of paragraph b-1 of subdivision 4 of
 section 661 of the education  law, as added by section 1 of  part  Z  of
 chapter 58 of the laws of 2011, are amended to read as follows:
   (iii) does not maintain good academic standing pursuant to paragraph c
 of  subdivision  six  of section six hundred sixty-five of this subpart,
 and if there is  no  applicable  existing  academic  standards  schedule
 pursuant to such subdivision, then such recipient shall be placed on the
 academic  standards  schedule applicable to students enrolled in a four-
 year or five-year undergraduate program; OR
   (iv) is in default in the repayment of any state  or  federal  student
 loan,  has  failed  to  comply  with  the terms of any service condition
 imposed by an academic performance award made pursuant to this  article,
 or has failed to make a refund of any award[; or].
   §  3. Paragraph d of subdivision 6 of section 661 of the education law
 is REPEALED.
   § 4. This act shall take effect immediately.
 
                                  PART G

   Section 1.  Subdivision 2 of section 669-h of the  education  law,  as
 amended  by  section  1  of part G of chapter 56 of the laws of 2021, is
 amended to read as follows:
   2. Amount. Within amounts appropriated therefor and  based  on  avail-
 ability  of  funds, awards shall be granted beginning with the two thou-
 sand seventeen--two thousand eighteen academic year  and  thereafter  to
 S. 8006                            30                            A. 9006
 
 applicants  that  the corporation has determined are eligible to receive
 such awards. The corporation shall grant such awards in an amount up  to
 five thousand five hundred dollars or actual tuition, whichever is less;
 provided,  however, (a) a student who receives educational grants and/or
 scholarships that cover the student's full cost of attendance shall  not
 be eligible for an award under this program; and (b) an award under this
 program  shall  be  applied to tuition after the application of payments
 received under the tuition assistance program pursuant  to  section  six
 hundred sixty-seven of this subpart, tuition credits pursuant to section
 six  hundred  eighty-nine-a of this article, federal Pell grant pursuant
 to section one thousand seventy of title twenty  of  the  United  States
 code,  et seq., and any other program that covers the cost of attendance
 unless exclusively for non-tuition expenses, and the  award  under  this
 program  shall be reduced in the amount equal to such payments, provided
 that the combined benefits do not  exceed  five  thousand  five  hundred
 dollars.  Upon notification of an award under this program, the institu-
 tion shall defer the amount of tuition. Notwithstanding paragraph  h  of
 subdivision two of section three hundred fifty-five and paragraph (a) of
 subdivision  seven of section six thousand two hundred six of this chap-
 ter, and any other law, rule or regulation to the contrary,  the  under-
 graduate  tuition  charged  by the institution to recipients of an award
 shall not exceed the tuition rate established by the institution for the
 two thousand sixteen--two thousand  seventeen  academic  year  provided,
 however,  that  in the two thousand [twenty-three] TWENTY-TWO--two thou-
 sand [twenty-four] TWENTY-THREE academic year and every year thereafter,
 the undergraduate tuition charged by the institution to recipients of an
 award shall be reset to equal the tuition rate established by the insti-
 tution for the forthcoming academic  year,  provided  further  that  the
 tuition  credit calculated pursuant to section six hundred eighty-nine-a
 of this article shall be applied toward the  tuition  rate  charged  for
 recipients  of  an  award under this program.  Provided further that the
 state university of New York and the city university of New  York  shall
 provide  an  additional tuition credit to students receiving an award to
 cover the remaining cost of tuition.
   § 2. This act shall take effect immediately.
 
                                  PART H
 
   Section 1. Subdivision 5 of section 695-b of  the  education  law,  as
 amended  by  chapter  535  of  the  laws  of 2000, is amended to read as
 follows:
   5. "Eligible educational institution" shall mean (A)  any  institution
 of  higher  education  defined as an eligible educational institution in
 section 529(e)(5) of the Internal Revenue Code of 1986, as  amended,  OR
 (B)  ANY  APPRENTICESHIP  PROGRAM  DESCRIBED IN SECTION 529(C)(8) OF THE
 INTERNAL REVENUE CODE OF 1986, AS AMENDED.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
   Section 1. The education law is amended by adding a new  article  13-C
 to read as follows:
 
                               ARTICLE 13-C
                    STUDENT DEBT; PROHIBITED PRACTICES
 S. 8006                            31                            A. 9006
 
 SECTION 640. STUDENT DEBT; PROHIBITED PRACTICES.
   §  640.  STUDENT  DEBT;  PROHIBITED  PRACTICES. 1. NOTWITHSTANDING ANY
 INCONSISTENT PROVISION OF LAW, RULE, OR REGULATION,  NO  INSTITUTION  OF
 HIGHER  EDUCATION,  INCLUDING  COLLEGES, UNIVERSITIES, AND ORGANIZATIONS
 OFFERING CAREER EDUCATION, AS DEFINED IN SECTION  TWO  OF  THIS  CHAPTER
 SHALL:
   (A)  WITHHOLD  A STUDENT'S TRANSCRIPT FOR FAILURE TO PAY PAST OR PRES-
 ENTLY DUE TUITION;
   (B) CONDITION THE RECEIPT OF A TRANSCRIPT OR OF CREDIT OR OTHER  OFFI-
 CIAL  RECOGNITION  FOR WORK COMPLETED SATISFACTORILY ON THE PAYMENT OF A
 DEBT, OTHER THAN THE CONDITION OF A FEE CHARGED  TO  PROVIDE  THE  TRAN-
 SCRIPT;
   (C)  CHARGE  A  HIGHER FEE FOR OBTAINING A TRANSCRIPT, OR PROVIDE LESS
 FAVORABLE TREATMENT OF A TRANSCRIPT REQUEST BECAUSE  A  STUDENT  OWES  A
 DEBT; OR
   (D) USE TRANSCRIPT ISSUANCE AS A TOOL FOR DEBT COLLECTION.
   2.   THE COMMISSIONER OR THE SUPERINTENDENT OF FINANCIAL SERVICES MAY,
 AFTER NOTICE AND HEARING, ENJOIN SUCH TRANSCRIPT  WITHHOLDING  PRACTICES
 AND  REQUIRE  ANY  COLLEGE FOUND TO BE IN VIOLATION OF THE PROVISIONS OF
 THIS ARTICLE OR THE RULES OR REGULATIONS PROMULGATED HEREUNDER TO PAY TO
 THE PEOPLE OF THIS STATE A PENALTY   OF FIVE HUNDRED  DOLLARS  FOR  EACH
 VIOLATION.
   3. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE DEPARTMENT OR THE
 SUPERINTENDENT  OF  FINANCIAL  SERVICES  PURSUANT  TO  THIS SECTION, ANY
 PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF  THIS  SECTION
 MAY  BRING  AN  ACTION  IN THEIR OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR
 PRACTICE. THE COURT MAY, IN ITS DISCRETION, AWARD REASONABLE  ATTORNEY'S
 FEES TO THE PREVAILING PLAINTIFF.
   4.  IN  ADDITION  TO  THE  PENALTIES  IMPOSED  UNDER  THIS  SECTION, A
 VIOLATION OF THIS ARTICLE SHALL BE CONSIDERED A VIOLATION  OF  THE  LAWS
 AND  RULES  GOVERNING HIGHER EDUCATION AWARD PROGRAMS FOR THE PURPOSE OF
 ARTICLE FOURTEEN OF THIS CHAPTER AND THE PRESIDENT OF THE HIGHER  EDUCA-
 TION  SERVICES  CORPORATION  MAY  SUSPEND,  LIMIT OR TERMINATE AN INSTI-
 TUTION'S PARTICIPATION IN STATE HIGHER EDUCATION FINANCIAL AID  PROGRAMS
 UNDER SUCH ARTICLE.
   5.  NOTHING  IN  THIS  ARTICLE SHALL LIMIT ANY STATUTORY OR COMMON LAW
 RIGHT OF ANY PERSON TO BRING ANY ACTION IN ANY COURT FOR ANY ACT, OR THE
 RIGHT OF THE STATE TO PUNISH ANY PERSON FOR ANY VIOLATION OF LAW.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART J
 
   Section  1. The education law is amended by adding a new section 210-d
 to read as follows:
   § 210-D. REGISTRATION OF CURRICULA. NOTWITHSTANDING ANY LAW,  RULE  OR
 REGULATION  TO  THE  CONTRARY,  ANY  NEW  CURRICULUM OR PROGRAM OF STUDY
 OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR  UNIVERSITY  CHARTERED  BY  THE
 REGENTS  OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT
 REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED  THIRTY-
 SEVEN OF THIS PART, OR CHARTER AMENDMENT PURSUANT TO SECTION TWO HUNDRED
 SIXTEEN  OF  THIS  PART,  OR LEAD TO PROFESSIONAL LICENSURE; AND THAT IS
 APPROVED BY THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY  UNIVERSITY
 BOARD  OF  TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY OF ANY OTHER NOT-
 FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS WHICH (1)  HAS
 MAINTAINED  A  PHYSICAL  PRESENCE  IN NEW YORK STATE FOR THE IMMEDIATELY
 S. 8006                            32                            A. 9006
 
 PRECEDING TEN YEARS AND HAS  BEEN  OPERATED  CONTINUOUSLY  BY  THE  SAME
 GOVERNING BODY DURING THE SAME IMMEDIATELY PRECEDING TEN YEAR PERIOD AND
 (2)  IS  ACCREDITED  AND  HAS  CONTINUED  IN ACCREDITATION BY THE MIDDLE
 STATES  COMMISSION  ON  HIGHER EDUCATION ("MSCHE") OR THE DEPARTMENT FOR
 THE IMMEDIATELY PRECEDING TEN YEARS,  SHALL  BE  DEEMED  AUTHORIZED  FOR
 TEMPORARY  OPERATION  PENDING  PROGRAM  APPROVAL  FORTY-FIVE  DAYS AFTER
 CERTIFICATION BY THE DEPARTMENT OF SUBMISSION OF A COMPLETED APPLICATION
 FOR PROGRAM APPROVAL. AS USED IN THIS SECTION, "AUTHORIZED FOR TEMPORARY
 OPERATION PENDING PROGRAM APPROVAL" MEANS A COLLEGE  OR  UNIVERSITY  MAY
 OPERATE  THE CURRICULUM OR PROGRAM OF STUDY ON A CONTINGENT BASIS DURING
 THE REMAINDER OF THE DEPARTMENT'S PROGRAM REVIEW PROCESS, INCLUDING  BUT
 NOT  LIMITED TO ACCEPTING ADMISSION OF STUDENTS INTO THE PROGRAM, CHARG-
 ING APPLICABLE TUITION AND FEES, AND PROVIDING THE EDUCATIONAL  PROGRAM-
 MING TO STUDENTS.  ANY COLLEGE OR UNIVERSITY OPERATING A PROGRAM AUTHOR-
 IZED FOR TEMPORARY OPERATION PENDING PROGRAM APPROVAL MUST DISCLOSE THIS
 STATUS AND ITS MEANING TO POTENTIAL STUDENTS IN WRITING. IF THE ACADEMIC
 PROGRAM BEING OPERATED ON A TEMPORARY BASIS IS ULTIMATELY DISAPPROVED BY
 THE  DEPARTMENT,  THE COLLEGE OR UNIVERSITY OPERATING SUCH PROGRAM SHALL
 IMMEDIATELY CEASE OPERATION OF THE PROGRAM AND REFUND ALL MONIES PAID BY
 STUDENTS TO ATTEND SUCH PROGRAMS. IF THE COLLEGE OR UNIVERSITY IS PLACED
 ON PROBATION OR HAS ITS ACCREDITATION TERMINATED BY MSCHE, SUCH  COLLEGE
 OR  UNIVERSITY  SHALL NOTIFY THE REGENTS IN WRITING NO LATER THAN THIRTY
 DAYS AFTER RECEIVING NOTICE  OF  ITS  PROBATIONARY  STATUS  OR  LOSS  OF
 ACCREDITATION  BY  THE  MSCHE.  ANY  COLLEGE OR UNIVERSITY WHICH HAS ITS
 ACCREDITATION PLACED ON PROBATION OR TERMINATED  BY  THE  MSCHE  OR  THE
 DEPARTMENT  SHALL  BE SUBJECT TO THE COMMISSIONER'S PROGRAM APPROVAL AND
 MAY NOT OPERATE A CURRICULUM OR PROGRAM OF STUDY UNDER THE AUTHORITY  OF
 THIS  SECTION  UNTIL  IT  HAS  BEEN  REMOVED  FROM PROBATION OR REGAINED
 ACCREDITATION BY MSCHE OR THE DEPARTMENT, AND SHALL  FURTHER  REMAIN  SO
 RESTRICTED  UNTIL IT HAS CONTINUED WITHOUT PROBATION FOR A PERIOD OF NOT
 LESS THAN SIX YEARS. IF A COLLEGE OR UNIVERSITY SUBJECT TO THIS  SECTION
 INTENDS  TO  OFFER  OR  INSTITUTE  AN ADDITIONAL DEGREE OR PROGRAM WHICH
 CONSTITUTES A SUBSTANTIVE CHANGE, AS DEFINED AND  DETERMINED  BY  MSCHE,
 THEN  THE  COLLEGE  OR  UNIVERSITY  SHALL  PROVIDE THE COMMISSIONER WITH
 COPIES OF ANY REPORTS OR OTHER DOCUMENTS FILED WITH  MSCHE  AS  PART  OF
 MSCHE'S  SUBSTANTIVE  CHANGE REVIEW PROCESS AND SHALL INFORM THE COMMIS-
 SIONER WHEN THE SUBSTANTIVE CHANGE IS  APPROVED.  ANY  SUCH  COLLEGE  OR
 UNIVERSITY  THAT  DOES NOT SATISFY ALL OF THE PROVISIONS OF THIS SECTION
 SHALL COMPLY WITH THE PROCEDURES AND CRITERIA ESTABLISHED BY THE REGENTS
 AND COMMISSIONER FOR ACADEMIC PROGRAM APPROVAL. NOTHING IN THIS  SECTION
 SHALL BE DEEMED TO LIMIT THE DEPARTMENT'S EXISTING AUTHORITY TO INVESTI-
 GATE  A  COMPLAINT  CONCERNING  THE INSTITUTION, OR ANY PROGRAM OFFERED,
 INCLUDING THE AUTHORITY TO DEREGISTER THE PROGRAM.
   § 2. This act shall take effect July 1, 2022.
 
                                  PART K

   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
 S. 8006                            33                            A. 9006

 ACCOUNTANCY  IN  SOME  STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFES-
 SIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN  THIS
 STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
 STATE,  HOLD  A  VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED
 FOUR OF THE EDUCATION LAW. FOR PURPOSES OF  THIS  PARAGRAPH,  "FINANCIAL
 INTEREST"  MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS,
 CAPITAL INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS  OF  A  BUSINESS
 ENTITY.    ALTHOUGH  FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND
 ITS OWNERS MUST COMPLY WITH RULES PROMULGATED  BY  THE  STATE  BOARD  OF
 REGENTS.   NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED UNDER THIS
 SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
 WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC  ACCOUNTANTS,"
 OR THE ABBREVIATIONS "CPA" OR "CPAS".  EACH NON-LICENSEE OWNER OF A FIRM
 THAT  IS  INCORPORATED  UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO
 ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
 ENTITIES.  FOR  PURPOSES OF THIS 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
 S. 8006                            34                            A. 9006
 
 ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST  FIFTY-ONE  PERCENT  OF  THE
 DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT,
 THE  CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI-
 CER  OR  OFFICERS  ARE  AUTHORIZED  BY  LAW TO PRACTICE IN ANY STATE THE
 PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED  TO  PRACTICE,  AND  ARE
 EITHER  SHAREHOLDERS  OF  SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF
 THEIR PROFESSIONS IN SUCH CORPORATION.
   § 4. Section 1509 of the business corporation law, as amended by chap-
 ter 550 of the laws of 2011, is amended to read as follows:
 § 1509. Disqualification  of  shareholders,  directors,   officers   and
           employees.
   If  any  shareholder,  director, officer or employee of a professional
 service corporation, including  a  design  professional  service  corpo-
 ration,  who  has  been  rendering  professional  service  to the public
 becomes legally disqualified to practice his OR  HER  profession  within
 this  state,  he  OR  SHE shall sever all employment with, and financial
 interests (other than interests as  a  creditor)  in,  such  corporation
 forthwith  or as otherwise provided in section 1510 of this article. All
 provisions of law regulating the rendering of professional services by a
 person elected or appointed to a public office shall be applicable to  a
 shareholder,  director,  officer and employee of such corporation in the
 same manner and to the same extent as if fully set  forth  herein.  Such
 legal  disqualification  to  practice  his OR HER profession within this
 state shall be deemed to constitute an irrevocable offer by the disqual-
 ified shareholder to sell his OR HER shares to the corporation, pursuant
 to the provisions of section 1510 of this article or of the  certificate
 of  incorporation,  by-laws  or  agreement among the corporation and all
 shareholders, whichever is applicable. Compliance with the terms of such
 offer shall be specifically enforceable in the courts of this  state.  A
 professional  service  corporation's  failure to enforce compliance with
 this provision shall constitute a ground for forfeiture of  its  certif-
 icate of incorporation and its dissolution.
   § 5. Paragraph (a) of section 1511 of the business corporation law, as
 amended  by  chapter 550 of the laws of 2011, is amended and a new para-
 graph (c) is added to read as follows:
   (a) No shareholder of a professional service corporation [or], INCLUD-
 ING a design professional service corporation, may sell or transfer  his
 OR  HER  shares  in such corporation except to another individual who is
 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
 S. 8006                            35                            A. 9006
 
 may be provided in the certificate of incorporation or in the by-laws of
 such professional service corporation. At such shareholders' meeting the
 shares  held by the shareholder proposing to sell or transfer his OR HER
 shares  may  not  be voted or counted for any purpose, unless all share-
 holders consent that such shares be voted or counted. The certificate of
 incorporation or the by-laws of the professional service corporation, or
 the professional service corporation and  the  shareholders  by  private
 agreement,  may  provide,  in  lieu  of  or in addition to the foregoing
 provisions, for the alienation of shares and may require the  redemption
 or purchase of such shares by such corporation at prices and in a manner
 specifically set forth therein. The existence of the restrictions on the
 sale  or transfer of shares, as contained in this article and, if appli-
 cable, in the certificate of incorporation, by-laws, stock  purchase  or
 stock  redemption agreement, shall be noted conspicuously on the face or
 back of every certificate for shares issued by  a  professional  service
 corporation.  Any  sale  or  transfer  in violation of such restrictions
 shall be void.
   (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS  A
 PROFESSIONAL  SERVICE  CORPORATION  PURSUANT TO PARAGRAPH (H) OF SECTION
 FIFTEEN HUNDRED THREE OF THIS ARTICLE,  SHALL  PURCHASE  OR  REDEEM  THE
 SHARES  OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR
 HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
 A FIRM ESTABLISHED FOR  THE  BUSINESS  PURPOSE  OF  INCORPORATING  AS  A
 PROFESSIONAL  SERVICE  CORPORATION  PURSUANT TO PARAGRAPH (H) OF SECTION
 FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
 OR REDEEM THE SHARES OF A TERMINATED  NON-LICENSED  PROFESSIONAL  SHARE-
 HOLDER  IF  SUCH  SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE
 SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION  PURSUANT  TO
 THIS ARTICLE.
   § 6. Section 1514 of the business corporation law is amended by adding
 a new paragraph (c) to read as follows:
   (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
 A  PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION
 FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE  EVERY  THREE
 YEARS  ON  OR  BEFORE  THE  DATE  PRESCRIBED BY THE LICENSING AUTHORITY,
 FURNISH A STATEMENT TO THE LICENSING AUTHORITY  LISTING  THE  NAMES  AND
 RESIDENCE  ADDRESSES  OF  EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH
 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-
 S. 8006                            36                            A. 9006
 
 ers, directors and officers of which  are  authorized  and  licensed  to
 practice  the  profession  for  which such corporation is licensed to do
 business; except that all shareholders,  directors  and  officers  of  a
 foreign  professional service corporation which provides health services
 in this state shall be licensed in this state.  A  FOREIGN  PROFESSIONAL
 SERVICE  CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC
 ACCOUNTANCY, AS SUCH PRACTICE  IS  DEFINED  UNDER  ARTICLE  ONE  HUNDRED
 FORTY-NINE  OF  THE  EDUCATION  LAW,  OR  EQUIVALENT STATE LAW, SHALL BE
 REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY  OF  THE  OWNERSHIP  OF  THE
 FIRM,  IN  TERMS  OF  FINANCIAL INTERESTS, AND VOTING RIGHTS HELD BY THE
 FIRM'S OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE  PUBLIC
 ACCOUNTANCY  IN  SOME  STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN
 PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
 THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
 THIS STATE, HOLD A  VALID  LICENSE  ISSUED  UNDER  SECTION  SEVENTY-FOUR
 HUNDRED  FOUR  OF  THE  EDUCATION  LAW.  FOR PURPOSES OF THIS PARAGRAPH,
 "FINANCIAL INTEREST" MEANS  CAPITAL  STOCK,  CAPITAL  ACCOUNTS,  CAPITAL
 CONTRIBUTIONS,  CAPITAL  INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
 OF A BUSINESS ENTITY.  ALTHOUGH FIRMS MAY INCLUDE  NON-LICENSEE  OWNERS,
 THE  FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE
 BOARD OF REGENTS.   NOTWITHSTANDING THE  FOREGOING,  A  FIRM  REGISTERED
 UNDER  THIS  SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME
 INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
 ACCOUNTANTS,"  OR  THE  ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE
 OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A  NATURAL
 PERSON  WHO  ACTIVELY  PARTICIPATES  IN  THE BUSINESS OF THE FIRM OR ITS
 AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY  INTER-
 EST  IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
 BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR  PURPOSES
 OF  THIS  PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
 CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE  DAY-TO-DAY  BUSI-
 NESS OR MANAGEMENT OF THE FIRM.
   §  8.  Subdivision  (q) of section 121-1500 of the partnership law, as
 amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
 follows:
   (q)  Each partner of a registered limited liability partnership formed
 to provide medical services in this state must be licensed  pursuant  to
 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
 S. 8006                            37                            A. 9006
 
 education law to practice clinical social work in this state. Each part-
 ner of a registered limited  liability  partnership  formed  to  provide
 creative  arts  therapy services in this state must be licensed pursuant
 to article 163 of the education law to practice creative arts therapy in
 this  state.  Each partner of a registered limited liability partnership
 formed to provide marriage and family therapy  services  in  this  state
 must  be  licensed pursuant to article 163 of the education law to prac-
 tice marriage and family therapy in this state. Each partner of a regis-
 tered limited liability partnership  formed  to  provide  mental  health
 counseling  services  in this state must be licensed pursuant to article
 163 of the education law to practice mental health  counseling  in  this
 state. Each partner of a registered limited liability partnership formed
 to provide psychoanalysis services in this state must be licensed pursu-
 ant  to  article  163 of the education law to practice psychoanalysis in
 this state. Each partner of a registered limited  liability  partnership
 formed  to  provide applied behavior analysis service in this state must
 be licensed or certified pursuant to article 167 of the education law to
 practice applied behavior analysis in this state.  A  LIMITED  LIABILITY
 PARTNERSHIP  FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN-
 TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE
 EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE  MAJORITY  OF
 THE  OWNERSHIP  OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING
 RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS  TO  INDIVIDUALS  LICENSED  TO
 PRACTICE  PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF
 A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS  IN
 THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
 THIS  STATE,  HOLD  A  VALID  LICENSE  ISSUED UNDER SECTION SEVENTY-FOUR
 HUNDRED FOUR OF THE EDUCATION LAW. FOR  PURPOSES  OF  THIS  SUBDIVISION,
 "FINANCIAL  INTEREST"  MEANS  CAPITAL  STOCK,  CAPITAL ACCOUNTS, CAPITAL
 CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN  UNDISTRIBUTED  EARNINGS
 OF  A  BUSINESS ENTITY.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,
 THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE  STATE
 BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER
 THIS  SECTION  MAY  NOT  HAVE  NON-LICENSEE  OWNERS  IF  THE FIRM'S NAME
 INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR  "CERTIFIED  PUBLIC
 ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER
 OF  A  FIRM  THAT  IS  FORMED  UNDER THIS SECTION SHALL BE (1) A NATURAL
 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
 S. 8006                            38                            A. 9006
 
 law  to  practice  veterinary  medicine in this state. Each partner of a
 foreign limited liability partnership which provides professional  engi-
 neering, land surveying, geological services, architectural and/or land-
 scape  architectural services in this state must be licensed pursuant to
 article 145, article 147 and/or article 148  of  the  education  law  to
 practice  one  or  more of such professions.   EACH PARTNER OF A FOREIGN
 REGISTERED  LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE  PUBLIC
 ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE
 AND  WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT
 TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE  PUBLIC  ACCOUNTANCY  IN
 THIS  STATE.  Each  partner  of  a foreign limited liability partnership
 which provides licensed clinical social work services in this state must
 be licensed pursuant to article 154 of the  education  law  to  practice
 licensed  clinical  social work in this state. Each partner of a foreign
 limited liability  partnership  which  provides  creative  arts  therapy
 services  in  this state must be licensed pursuant to article 163 of the
 education law to practice creative arts  therapy  in  this  state.  Each
 partner  of  a  foreign  limited  liability  partnership  which provides
 marriage and family therapy services in  this  state  must  be  licensed
 pursuant  to  article  163 of the education law to practice marriage and
 family therapy in this state. Each partner of a foreign limited  liabil-
 ity partnership which provides mental health counseling services in this
 state  must  be licensed pursuant to article 163 of the education law to
 practice mental health counseling in  this  state.  Each  partner  of  a
 foreign  limited  liability  partnership  which  provides psychoanalysis
 services in this state must be licensed pursuant to article 163  of  the
 education  law to practice psychoanalysis in this state. Each partner of
 a foreign limited liability partnership which provides applied  behavior
 analysis  services  in this state must be licensed or certified pursuant
 to article 167 of the education law to practice applied behavior  analy-
 sis  in  this state.   A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO
 LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE
 IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
 REQUIRED  TO  SHOW  (1)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
 FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING  RIGHTS  HELD  BY  THE
 FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
 ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMIT-
 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
 S. 8006                            39                            A. 9006
 
 SERVICES  TO  CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
 TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   §  10.  Subdivision  (h) of section 121-101 of the partnership law, as
 added by chapter 950 of the laws of 1990, is amended to read as follows:
   (h) "Limited partnership" and  "domestic  limited  partnership"  mean,
 unless  the  context otherwise requires, a partnership (i) formed by two
 or more persons pursuant to this article or which complies with subdivi-
 sion (a) of section 121-1202 of this article and (ii) having one or more
 general partners and one or more limited partners.  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART-
 NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
 AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
 TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A  SIMPLE  MAJORITY  OF  THE
 OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
 SHIP-BASED  COMPENSATION,  AND  VOTING RIGHTS HELD BY THE FIRM'S OWNERS,
 BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY  IN  SOME
 STATE,  AND  (2)  THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC
 LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
 AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
 HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED  FOUR  OF
 THE  EDUCATION  LAW  OR  ARE  PUBLIC  ACCOUNTANTS LICENSED UNDER SECTION
 SEVENTY-FOUR HUNDRED FIVE OF  THE  EDUCATION  LAW.  ALTHOUGH  FIRMS  MAY
 INCLUDE  NON-LICENSEE  OWNERS,  THE FIRM AND ITS OWNERS MUST COMPLY WITH
 RULES PROMULGATED BY THE STATE BOARD OF REGENTS.    NOTWITHSTANDING  THE
 FOREGOING,  A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICEN-
 SEE OWNERS IF THE FIRM'S  NAME  INCLUDES  THE  WORDS  "CERTIFIED  PUBLIC
 ACCOUNTANT,"  OR  "CERTIFIED  PUBLIC  ACCOUNTANTS," OR THE ABBREVIATIONS
 "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM  THAT  IS  REGISTERED
 UNDER  THIS  SECTION  SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTIC-
 IPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN
 ENTITY, INCLUDING, BUT NOT LIMITED TO,  A  PARTNERSHIP  OR  PROFESSIONAL
 CORPORATION,  PROVIDED  EACH  BENEFICIAL  OWNER OF AN EQUITY INTEREST IN
 SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN  THE  BUSI-
 NESS  CONDUCTED  BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF
 THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO  PROVIDE  SERVICES  TO
 CLIENTS  OR  TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
 NESS OR MANAGEMENT OF THE FIRM.
   § 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
 S. 8006                            40                            A. 9006
 
 services  as  such  services are defined in article 145, article 147 and
 article 148 of the education law, each member of such limited  liability
 company  must  be  licensed  pursuant to article 145, article 147 and/or
 article  148  of  the  education  law  to  practice  one or more of such
 professions in this state.   WITH  RESPECT  TO  A  PROFESSIONAL  SERVICE
 LIMITED  LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES
 AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE  EDUCATION  LAW  EACH
 MEMBER  OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
 NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
 BE LICENSED PURSUANT TO ARTICLE 149 OF THE  EDUCATION  LAW  TO  PRACTICE
 PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
 limited  liability  company  formed  to provide licensed clinical social
 work services as such services are defined in article 154 of the  educa-
 tion  law,  each  member  of  such  limited  liability  company shall be
 licensed pursuant to article  154  of  the  education  law  to  practice
 licensed  clinical  social work in this state. With respect to a profes-
 sional service limited liability company formed to provide creative arts
 therapy services as such services are defined  in  article  163  of  the
 education  law,  each  member  of such limited liability company must be
 licensed pursuant to article 163 of the education law to practice  crea-
 tive  arts therapy in this state. With respect to a professional service
 limited liability company formed to provide marriage and family  therapy
 services  as  such  services are defined in article 163 of the education
 law, each member of such limited  liability  company  must  be  licensed
 pursuant  to  article  163 of the education law to practice marriage and
 family therapy in this state. With respect  to  a  professional  service
 limited  liability  company  formed  to provide mental health counseling
 services as such services are defined in article 163  of  the  education
 law,  each  member  of  such  limited liability company must be licensed
 pursuant to article 163 of the education law to practice  mental  health
 counseling in this state. With respect to a professional service limited
 liability  company  formed  to  provide  psychoanalysis services as such
 services are defined in article 163 of the education law, each member of
 such limited liability company must be licensed pursuant to article  163
 of  the  education  law  to  practice psychoanalysis in this state. With
 respect to a professional service limited liability  company  formed  to
 provide  applied behavior analysis services as such services are defined
 in article 167 of the education law, each member of such limited liabil-
 ity company must be licensed or certified pursuant to article 167 of the
 education law to practice applied behavior analysis  in  this  state.  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
 S. 8006                            41                            A. 9006
 
 SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
 WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
 OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A  FIRM
 THAT  IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO
 ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
 ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
 OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
 INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
 THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
 PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
 SERVICES  TO  CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
 TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   § 12. Subdivision (a) of section 1301 of the limited liability company
 law, as amended by chapter 475 of the laws of 2014, is amended  to  read
 as follows:
   (a)  "Foreign  professional service limited liability company" means a
 professional service limited liability company, whether or  not  denomi-
 nated  as  such,  organized  under the laws of a jurisdiction other than
 this state, (i) each of whose members and managers, if any, is a profes-
 sional authorized by law to render a professional  service  within  this
 state  and who is or has been engaged in the practice of such profession
 in such professional service limited liability company or a  predecessor
 entity, or will engage in the practice of such profession in the profes-
 sional  service limited liability company within thirty days of the date
 such professional becomes a member, or each of whose members and  manag-
 ers,  if  any, is a professional at least one of such members is author-
 ized by law to render a professional service within this state  and  who
 is  or  has  been  engaged  in  the  practice of such profession in such
 professional service limited liability company or a predecessor  entity,
 or  will  engage  in the practice of such profession in the professional
 service limited liability company within thirty days of  the  date  such
 professional  becomes  a  member,  or  (ii)  authorized by, or holding a
 license, certificate, registration or permit  issued  by  the  licensing
 authority  pursuant  to,  the  education  law  to  render a professional
 service within this state; except that all members and managers, if any,
 of  a  foreign  professional  service  limited  liability  company  that
 provides  health services in this state shall be licensed in this state.
 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
 S. 8006                            42                            A. 9006
 
 such  foreign  professional  service  limited  liability company must be
 licensed pursuant to article 145, article 147 and/or article 148 of  the
 education law to practice one or more of such professions in this state.
 WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
 WHICH  PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
 IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
 SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
 NESS  IS  IN  THIS  STATE  AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
 SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO  PRAC-
 TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
 sional  service  limited liability company which provides licensed clin-
 ical social work services as such services are defined in article 154 of
 the education law, each member  of  such  foreign  professional  service
 limited  liability  company shall be licensed pursuant to article 154 of
 the education law to practice clinical social work in this  state.  With
 respect  to  a  foreign  professional  service limited liability company
 which provides creative arts  therapy  services  as  such  services  are
 defined in article 163 of the education law, each member of such foreign
 professional service limited liability company must be licensed pursuant
 to article 163 of the education law to practice creative arts therapy in
 this  state.  With  respect  to  a  foreign professional service limited
 liability company which provides marriage and family therapy services as
 such services are defined in article 163  of  the  education  law,  each
 member  of  such  foreign professional service limited liability company
 must be licensed pursuant to article 163 of the education law  to  prac-
 tice  marriage  and  family  therapy  in  this  state. With respect to a
 foreign professional service limited liability  company  which  provides
 mental  health counseling services as such services are defined in arti-
 cle 163 of the education law, each member of such  foreign  professional
 service  limited  liability company must be licensed pursuant to article
 163 of the education law to practice mental health  counseling  in  this
 state.  With respect to a foreign professional service limited liability
 company which provides psychoanalysis  services  as  such  services  are
 defined in article 163 of the education law, each member of such foreign
 professional service limited liability company must be licensed pursuant
 to  article  163 of the education law to practice psychoanalysis in this
 state. With respect to a foreign professional service limited  liability
 company  which  provides  applied  behavior  analysis  services  as such
 services are defined in article 167 of the education law, each member of
 such foreign professional service  limited  liability  company  must  be
 licensed  or  certified  pursuant to article 167 of the education law to
 practice applied behavior analysis in this state. 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
 S. 8006                            43                            A. 9006
 
 OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS.
 NOTWITHSTANDING  THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY
 NOT HAVE NON-LICENSEE OWNERS IF  THE  FIRM'S  NAME  INCLUDES  THE  WORDS
 "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
 ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS
 REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY
 PARTICIPATES  IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
 (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP  OR  PROFES-
 SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
 IN  SUCH  ENTITY  IS  A  NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
 BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR  PURPOSES
 OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
 CLIENTS  OR  TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
 NESS OR MANAGEMENT OF THE FIRM.
   § 13. Notwithstanding any other provision  of  law  to  the  contrary,
 there  is hereby established a fee for each non-licensee owner of a firm
 that is incorporating as a professional service  corporation  formed  to
 lawfully engage in the practice of public accountancy. Such non-licensee
 owner  shall  pay  a  fee  of three hundred dollars to the department of
 education on an annual basis.
   § 14. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Subdivision 2 of section 410-u 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:
   2. The state block grant for child care  shall  be  divided  into  two
 parts pursuant to a plan developed by the department and approved by the
 director  of  the  budget.    One part shall be retained by the state to
 provide child care on a  statewide  basis  to  special  groups  and  for
 activities  to  increase  the  availability and/or quality of child care
 programs, including, but not limited to,  the  start-up  of  child  care
 programs,  the  operation  of child care resource and referral programs,
 training  activities,  the  regulation  and  monitoring  of  child  care
 programs,  the  development  of  computerized data systems, and consumer
 education, provided however,  that  child  care  resource  and  referral
 programs  funded under title five-B of article six of this chapter shall
 meet additional performance standards developed  by  the  department  of
 social  services  including but not limited to: increasing the number of
 child care placements for persons who are at or below two hundred  TWEN-
 TY-FIVE  percent of the state income standard EFFECTIVE OCTOBER SIXTEEN,
 TWO THOUSAND TWENTY-TWO, TWO HUNDRED SIXTY PERCENT OF THE  STATE  INCOME
 STANDARD  EFFECTIVE  APRIL    FIRST, TWO THOUSAND TWENTY-THREE, OR THREE
 HUNDRED PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST,  TWO
 THOUSAND  TWENTY-FOUR, PROVIDED SUCH PERSONS ARE AT OR BELOW EIGHTY-FIVE
 PERCENT OF THE STATE MEDIAN INCOME, with emphasis on placements support-
 ing local efforts  in  meeting  federal  and  state  work  participation
 requirements, increasing technical assistance to all modalities of legal
 child  care  to  persons  who  are  at  or below two hundred TWENTY-FIVE
 percent of the state income standard[,] EFFECTIVE OCTOBER  SIXTEEN,  TWO
 THOUSAND TWENTY-TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE INCOME STAN-
 DARD EFFECTIVE APRIL  FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED
 PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND
 TWENTY-FOUR,  PROVIDED  SUCH PERSONS ARE AT OR BELOW EIGHTY-FIVE PERCENT
 OF THE STATE MEDIAN INCOME,  including  the  provision  of  training  to
 S. 8006                            44                            A. 9006
 
 assist  providers in meeting child care standards or regulatory require-
 ments, and creating new child care opportunities, and  assisting  social
 services  districts  in assessing and responding to child care needs for
 persons  at or below two hundred TWENTY-FIVE percent of the state income
 standard EFFECTIVE OCTOBER SIXTEEN, TWO THOUSAND TWENTY-TWO, TWO HUNDRED
 SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL   FIRST,  TWO
 THOUSAND  TWENTY-THREE,  OR  THREE  HUNDRED  PERCENT OF THE STATE INCOME
 STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR, PROVIDED  SUCH
 PERSONS  ARE AT OR BELOW EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME.
 The department shall have the authority to  withhold  funds  from  those
 agencies  which  do not meet performance standards. Agencies whose funds
 are withheld may have funds restored upon achieving  performance  stand-
 ards.  The other part shall be allocated to social services districts to
 provide child care assistance to families receiving family    assistance
 and to other low income families.
   §  2.  Subdivision  3  of section 410-v 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:
   3.  Any portion of a social services district's block grant allocation
 for a particular federal  fiscal  year  that  is  not  claimed  by  such
 district  during  that  federal fiscal year [shall] MAY be added to that
 social services district's block grant allocation for the  next  federal
 fiscal year.
   §  3.  Subdivisions 1, 3 and 4 of section 410-w of the social services
 law, as amended by chapter 569 of the laws of 2001 and paragraph (a)  of
 subdivision 4 as amended by chapter 135 of the laws of 2007, are amended
 and two new subdivisions 2-a and 10 are added to read as follows:
   1.  A  social services district may use the funds allocated to it from
 the block grant to provide child care assistance to:
   (a) families receiving public assistance when such child care  assist-
 ance is necessary: to enable a parent or caretaker relative to engage in
 work,  participate  in  work  activities  or perform a community service
 pursuant to title nine-B of article five of this chapter;  to  enable  a
 teenage  parent  to  attend  high  school  or  other equivalent training
 program; because the parent  or  caretaker  relative  is  physically  or
 mentally incapacitated; or because family duties away from home necessi-
 tate the parent or caretaker relative's absence; child day care shall be
 provided  during  breaks in activities, for a period of up to two weeks.
 Such child day care may be authorized for a period of up to one month if
 child care arrangements shall be lost if not continued, and the  program
 or employment is scheduled to begin within such period;
   (b) families with incomes up to two hundred TWENTY-FIVE percent of the
 state  income  standard  EFFECTIVE OCTOBER SIXTEEN, TWO THOUSAND TWENTY-
 TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE  INCOME  STANDARD  EFFECTIVE
 APRIL  FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE
 STATE  INCOME  STANDARD  EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR
 who are attempting through work activities to transition off  of  public
 assistance when such child care is necessary in order to enable a parent
 or  caretaker  relative to engage in work provided such families' public
 assistance has been terminated as a result  of  increased  hours  of  or
 income  from  employment or increased income from child support payments
 or the family voluntarily ended assistance;  [and,]  provided  that  the
 family  received  public  assistance  at  least  three of the six months
 preceding the month in which eligibility for such assistance  terminated
 or ended or provided that such family has received child care assistance
 S. 8006                            45                            A. 9006
 
 under  subdivision four of this section; AND PROVIDED, THE FAMILY INCOME
 DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME;
   (c) families with incomes up to two hundred TWENTY-FIVE percent of the
 state  income  standard  EFFECTIVE OCTOBER SIXTEEN, TWO THOUSAND TWENTY-
 TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE  INCOME  STANDARD  EFFECTIVE
 APRIL  FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE
 STATE  INCOME  STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR,
 which are determined in accordance with the regulations of  the  depart-
 ment to be at risk of becoming dependent on family assistance; PROVIDED,
 THE FAMILY INCOME DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDI-
 AN INCOME;
   (d) families with incomes up to two hundred TWENTY-FIVE percent of the
 state  income  standard  EFFECTIVE OCTOBER SIXTEEN, TWO THOUSAND TWENTY-
 TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE  INCOME  STANDARD  EFFECTIVE
 APRIL  FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE
 STATE  INCOME  STANDARD  EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR
 who are attending a post secondary educational program  and  working  at
 least seventeen and one-half hours per week; PROVIDED, THE FAMILY INCOME
 DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME; and
   (e)  other families with incomes up to two hundred TWENTY-FIVE percent
 of the state income standard EFFECTIVE  OCTOBER  SIXTEEN,  TWO  THOUSAND
 TWENTY-TWO,  TWO  HUNDRED  SIXTY  PERCENT  OF  THE STATE INCOME STANDARD
 EFFECTIVE APRIL   FIRST, TWO THOUSAND  TWENTY-THREE,  OR  THREE  HUNDRED
 PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND
 TWENTY-FOUR which the social services district designates in its consol-
 idated services plan as eligible for child care assistance in accordance
 with criteria established by the department; PROVIDED, THE FAMILY INCOME
 DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME.
   2-A.    A SOCIAL SERVICES DISTRICT MAY, UPON APPROVAL BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES AND IN ACCORDANCE WITH CRITERIA ESTABLISHED
 BY THE OFFICE, USE THE FUNDS ALLOCATED TO IT FROM  THE  BLOCK  GRANT  TO
 PROVIDE  CHILD  CARE  ASSISTANCE  TO  FAMILIES  WITH INCOMES UP TO THREE
 HUNDRED PERCENT OF THE STATE INCOME  STANDARD,  PROVIDED  SUCH  FAMILIES
 INCOME  DOES  NOT  EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME
 STANDARD.
   3. A social services district shall guarantee child care assistance to
 families in receipt of public assistance with  children  under  thirteen
 years  of  age when such child care assistance is necessary for a parent
 or caretaker relative to engage in work or participate  in  work  activ-
 ities pursuant to the provisions of title nine-B of article five of this
 chapter.  Child care assistance shall continue to be guaranteed for such
 a family for a period of twelve months after  the  month  in  which  the
 family's  eligibility for public assistance has terminated or ended when
 such child care is necessary in order to enable the parent or  caretaker
 relative to engage in work, provided that the family's public assistance
 has been terminated as a result of an increase in the hours of or income
 from  employment  or  increased  income  from  child support payments or
 because  the  family  voluntarily  ended  assistance;  that  the  family
 received public assistance in at least three of the six months preceding
 the  month  in which eligibility for such assistance terminated or ended
 or provided that such family has received child  care  assistance  under
 subdivision  four  of  this section; [and] that the family's income does
 not exceed two hundred TWENTY-FIVE percent of the state income  standard
 EFFECTIVE  OCTOBER  SIXTEEN,  TWO THOUSAND TWENTY-TWO, TWO HUNDRED SIXTY
 PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL   FIRST, TWO  THOU-
 SAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE STATE INCOME STANDARD
 S. 8006                            46                            A. 9006
 
 EFFECTIVE  APRIL  FIRST,  TWO  THOUSAND TWENTY-FOUR; AND THAT THE FAMILY
 INCOME DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE  MEDIAN  INCOME.
 Such  child day care shall recognize the need for continuity of care for
 the child and a district shall not move a child from an existing provid-
 er unless the participant consents to such move.
   4.  (a) Local social services districts shall guarantee applicants who
 would otherwise be eligible for, or are recipients of, public assistance
 benefits and who are employed, the option to choose to receive  continu-
 ing  child day care subsidies in lieu of public assistance benefits, for
 such period of time as the recipient continues to be eligible for public
 assistance. For the purposes of this subdivision, an eligible  applicant
 for,  or  recipient  of,  public assistance benefits and who is employed
 includes a person whose gross earnings equal, or are greater  than,  the
 required  number  of work hours times the state minimum wage. Recipients
 of child care subsidies under this subdivision who are no longer  eligi-
 ble  for  public assistance benefits, shall be eligible for transitional
 child care described in paragraph (b) of subdivision one of this section
 as if they had been recipients of public assistance.
   (b) Nothing herein shall be construed to waive the right of an  appli-
 cant who chooses to receive continuing child day care subsidies pursuant
 to this section from applying for ongoing public assistance.
   10.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "STATE MEDIAN INCOME"
 MEANS THE MOST RECENT STATE MEDIAN INCOME DATA PUBLISHED BY  THE  BUREAU
 OF  THE CENSUS, FOR A FAMILY OF THE SAME SIZE, UPDATED BY THE DEPARTMENT
 FOR A FAMILY SIZE OF FOUR AND ADJUSTED  BY  THE  DEPARTMENT  FOR  FAMILY
 SIZE.
   §  4.  This act shall take effect October 16, 2022; provided, however,
 that subdivision 2-a of section 410-w of the  social  services  law,  as
 added  by section three of this act, shall expire and be deemed repealed
 April 1, 2024.
 
                                  PART M
 
   Section 1. Section 3 of part N of chapter 56  of  the  laws  of  2020,
 amending the social services law relating to restructuring financing for
 residential  school  placements,  as  amended  by section 1 of part I of
 chapter 56 of the laws of 2021, is amended to read as follows:
   § 3. This act shall take effect immediately [and shall expire  and  be
 deemed  repealed April 1, 2022]; provided however that the amendments to
 subdivision 10 of section 153 of the social services law made by section
 one of this act, shall not affect the expiration of such subdivision and
 shall be deemed to expire therewith.
   § 2. This act shall take effect immediately.
 
                                  PART N
 
   Section 1. Section 28 of part C of chapter 83 of  the  laws  of  2002,
 amending  the executive law and other laws relating to funding for chil-
 dren and family services, as amended by section 1 of subpart A of part K
 of chapter 56 of the laws of 2017, is amended to read as follows:
   § 28. This act shall take effect immediately; provided  that  sections
 nine  through eighteen and twenty through twenty-seven of this act shall
 be deemed to have been in full force and effect on and  after  April  1,
 2002; provided, however, that section fifteen of this act shall apply to
 claims that are otherwise reimbursable by the state on or after April 1,
 2002  except as provided in subdivision 9 of section 153-k of the social
 S. 8006                            47                            A. 9006
 
 services law as added by section fifteen of this act;  provided  further
 however, that nothing in this act shall authorize the office of children
 and  family  services  to  deny state reimbursement to a social services
 district for violations of the provisions of section 153-d of the social
 services  law  for  services provided from January 1, 1994 through March
 31, 2002; provided that section nineteen of this act shall  take  effect
 September  13,  2002  and  shall  expire and be deemed repealed June 30,
 2012; and, provided further, however, that notwithstanding  any  law  to
 the  contrary, the office of children and family services shall have the
 authority to promulgate, on an emergency  basis,  any  rules  and  regu-
 lations  necessary to implement the requirements established pursuant to
 this act; provided further, however, that the regulations to  be  devel-
 oped  pursuant  to section one of this act shall not be adopted by emer-
 gency rule; and provided further that the provisions  of  sections  nine
 through  eighteen  and  twenty  through  twenty-seven  of this act shall
 expire and be deemed repealed on June 30, [2022] 2027.
   § 2. This act shall take effect immediately.
 
                                  PART O
 
   Section 1. Section 398-a of the social  services  law  is  amended  by
 adding a new subdivision 2-c to read as follows:
   (2-C) THOSE SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
 SAND TWENTY-TWO WERE PAYING AT LEAST ONE HUNDRED PERCENT OF THE APPLICA-
 BLE  RATES  PUBLISHED  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
 THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND  TWENTY-THREE  RATE  YEAR  FOR
 CARE PROVIDED TO FOSTER CHILDREN IN REGULAR, THERAPEUTIC, SPECIAL NEEDS,
 AND EMERGENCY FOSTER BOARDING HOMES SHALL PAY FOR THE TWO THOUSAND TWEN-
 TY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND FOR EACH SUBSEQUENT RATE
 YEAR  THEREAFTER  AT  LEAST  ONE HUNDRED PERCENT OF THE APPLICABLE RATES
 PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES  FOR  THAT  RATE
 YEAR.  THOSE  SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
 SAND TWENTY-TWO WERE PAYING LESS THAN THE APPLICABLE RATES PUBLISHED  BY
 THE  OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE TWO THOUSAND TWENTY-
 TWO--TWO THOUSAND TWENTY-THREE RATE YEAR FOR  CARE  PROVIDED  TO  FOSTER
 CHILDREN  IN  REGULAR,  THERAPEUTIC,  SPECIAL NEEDS AND EMERGENCY FOSTER
 BOARDING HOMES SHALL INCREASE THEIR RATES OF PAYMENT SO THAT:  EFFECTIVE
 JULY  FIRST, TWO THOUSAND TWENTY-TWO THE DIFFERENCE BETWEEN THE PERCENT-
 AGE OF THE APPLICABLE RATES PUBLISHED BY  THE  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES  FOR  THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
 THREE RATE YEAR AND THE RATES SUCH DISTRICTS  ARE  PAYING  IS  AT  LEAST
 ONE-HALF LESS THAN THE DIFFERENCE BETWEEN THE PERCENTAGE OF THE APPLICA-
 BLE  RATES  PUBLISHED  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
 THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND THE
 RATES THAT SUCH DISTRICTS WERE PAYING FOR SUCH PROGRAMS ON  JULY  FIRST,
 TWO  THOUSAND TWENTY-TWO; AND EFFECTIVE JULY FIRST, TWO THOUSAND TWENTY-
 THREE FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND  TWENTY-FOUR  RATE
 YEAR  AND  FOR  EACH  SUBSEQUENT  YEAR  THEREAFTER  ALL  SOCIAL SERVICES
 DISTRICTS SHALL PAY AT LEAST ONE HUNDRED PERCENT OF THE APPLICABLE RATES
 PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE APPLICA-
 BLE RATE YEAR.
   § 2. This act shall take effect immediately.
 
                                  PART P
 S. 8006                            48                            A. 9006
 
   Section 1. Subdivision 1 of section 2504 of the public health law,  as
 added by chapter 769 of the laws of 1972, is amended to read as follows:
   1.  Any person who is eighteen years of age or older, or is the parent
 of a child or has married, OR IS A HOMELESS YOUTH AS DEFINED BY SUBDIVI-
 SION TWO OF SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW,  may
 give effective consent for medical, dental, health and hospital services
 for  himself  or  herself,  and  the consent of no other person shall be
 necessary.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.
 
                                  PART Q
 
   Section  1.  Paragraph  (a)  of  subdivision 3 of section 259-i of the
 executive law is amended by adding a new subparagraph (ix)  to  read  as
 follows:
   (IX)  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS PARAGRAPH, AN OFFI-
 CER WHO TAKES INTO CUSTODY PURSUANT TO  A  WARRANT  AUTHORIZED  BY  THIS
 SECTION  A  JUVENILE  OFFENDER  OR  ADOLESCENT OFFENDER UNDER THE AGE OF
 TWENTY-ONE, OR ANY OTHER DEFENDANT UNDER THE AGE OF EIGHTEEN, SHALL TAKE
 SUCH PERSON AND HAVE THEM DETAINED IN A PLACE CERTIFIED BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES AS A SECURE OR SPECIALIZED SECURE DETENTION
 FACILITY, AS APPROPRIATE, EXCEPT THAT A  PERSON  PAROLED,  CONDITIONALLY
 RELEASED, OR RELEASED TO POST-RELEASE SUPERVISION FROM A SECURE FACILITY
 OPERATED  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY ALSO BE HELD
 IN SUCH A FACILITY. IF A PERSON SIXTEEN YEARS OF AGE OR OLDER AND  UNDER
 THE  AGE  OF  EIGHTEEN  WHO  IS CHARGED WITH A CLASS A FELONY, A VIOLENT
 FELONY OFFENSE, OR A FELONY INVOLVING THE USE OR POSSESSION OF A FIREARM
 TAKEN INTO CUSTODY PURSUANT TO THIS SECTION IS UNABLE TO  BE  LODGED  IN
 SUCH  A  FACILITY,  THE  OFFICER  HAVING CUSTODY OF SUCH PERSON OR OTHER
 APPROPRIATE OFFICIAL MUST PETITION THE SENTENCING COURT FOR APPROVAL  TO
 LODGE  THE PERSON IN A LOCAL CORRECTIONAL FACILITY. THE COURT SHALL HOLD
 A HEARING AT WHICH IT DETERMINES WHETHER IT WOULD BE IN THE INTEREST  OF
 JUSTICE  FOR THE VIOLATOR TO BE HELD IN SUCH A FACILITY, CONSIDERING (A)
 THE AGE OF THE ALLEGED VIOLATOR, (B) THE PHYSICAL AND MENTAL MATURITY OF
 THE ALLEGED VIOLATOR, (C) THE PRESENT MENTAL STATE OF THE ALLEGED VIOLA-
 TOR, INCLUDING WHETHER THE ALLEGED VIOLATOR PRESENTS AN IMMINENT RISK OF
 HARM TO SELF OR OTHERS, (D) THE NATURE AND CIRCUMSTANCES OF THE  ALLEGED
 OFFENSE, (E) THE ALLEGED VIOLATOR'S HISTORY OF PRIOR DELINQUENT OR CRIM-
 INAL  ACTS, (F) THE RELATIVE ABILITY OF THE AVAILABLE LOCAL CORRECTIONAL
 AND DETENTION FACILITIES TO NOT ONLY MEET  THE  SPECIFIC  NEEDS  OF  THE
 ALLEGED VIOLATOR BUT ALSO TO PROTECT THE SAFETY OF THE PUBLIC AS WELL AS
 OTHER  DETAINED  YOUTH,  AND (G) ANY OTHER RELEVANT FACTOR. IF THE COURT
 FINDS THAT IT WOULD BE IN THE INTEREST OF JUSTICE FOR THE ALLEGED VIOLA-
 TOR TO BE LODGED IN A LOCAL CORRECTIONAL FACILITY, THE COURT MUST  ISSUE
 A  WRITTEN  ORDER  SO INDICATING, AND SHALL HOLD A HEARING AT LEAST ONCE
 EVERY THIRTY DAYS TO DETERMINE IF SUCH LODGING CONTINUES TO  BE  IN  THE
 INTEREST  OF JUSTICE. NO ALLEGED VIOLATOR TO WHOM THE PROVISIONS OF THIS
 SUBPARAGRAPH APPLY MAY BE DETAINED IN A LOCAL CORRECTIONAL FACILITY  FOR
 LONGER  THAN  ONE  HUNDRED  EIGHTY  DAYS UNLESS THE VIOLATOR WAIVES SUCH
 LIMITATION OR THE COURT FINDS GOOD CAUSE FOR SUCH  CONTINUED  DETENTION.
 NO  ALLEGED VIOLATOR UNDER THE AGE OF EIGHTEEN TO WHOM THE PROVISIONS OF
 THIS SECTION APPLY MAY HAVE SIGHT OR SOUND CONTACT WITH ADULTS INCARCER-
 S. 8006                            49                            A. 9006
 
 ATED IN THE LOCAL CORRECTIONAL FACILITY. NO ALLEGED  VIOLATOR  OVER  THE
 AGE  OF  EIGHTEEN SHALL BE PERMITTED TO HAVE SIGHT OR SOUND CONTACT WITH
 AN INCARCERATED ADULT WITHOUT A HEARING AS SET FORTH  IN  THIS  SUBPARA-
 GRAPH.  NOTHING  IN  THIS  SUBPARAGRAPH SHALL BE CONSTRUED TO PERMIT THE
 SOLITARY CONFINEMENT, DISCIPLINARY ISOLATION, OR PUNITIVE SEGREGATION OF
 SUCH ALLEGED VIOLATOR. THE HEARING PROVIDED FOR BY THIS  SUBDIVISION  IS
 NOT  REQUIRED  FOR YOUTH TO BE DETAINED IN AN ADULT JAIL OR LOCKUP, WITH
 SIGHT AND SOUND  SEPARATION  FROM  ADULT  INMATES,  WHEN  THE  YOUTH  IS
 DETAINED IN AN ADULT JAIL OR LOCKUP FOR A PERIOD NOT TO EXCEED SIX HOURS
 FOR PROCESSING OR RELEASE, WHILE AWAITING TRANSFER TO A JUVENILE FACILI-
 TY,  OR  WHILE  AWAITING A COURT APPEARANCE; OR THE YOUTH IS AWAITING AN
 INITIAL COURT APPEARANCE THAT WILL OCCUR  WITHIN  FORTY-EIGHT  HOURS  OF
 BEING  TAKEN INTO CUSTODY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLI-
 DAYS) AND EITHER CONDITIONS OF DISTANCE TO BE TRAVELED OR  THE  LACK  OF
 HIGHWAY,  ROAD,  OR  TRANSPORTATION  DO  NOT ALLOW FOR COURT APPEARANCES
 WITHIN FORTY-EIGHT HOURS (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL  HOLI-
 DAYS) SO THAT A DELAY, NOT TO EXCEED AN ADDITIONAL FORTY-EIGHT HOURS, IS
 EXCUSABLE, OR CONDITIONS OF SAFETY EXIST (SUCH AS SEVERE, ADVERSE, LIFE-
 THREATENING  WEATHER)  THAT  DO NOT ALLOW FOR REASONABLY SAFE TRAVEL, IN
 WHICH CASE THE TIME FOR AN APPEARANCE MAY BE DELAYED  UNTIL  TWENTY-FOUR
 HOURS  AFTER  THE  TIME  THAT  SUCH CONDITIONS ALLOW FOR REASONABLY SAFE
 TRAVEL.
   § 2. Subdivisions 3, 4 and 5 of section  508  of  the  executive  law,
 subdivision  3 as amended by section 82 of part WWW of chapter 59 of the
 laws of 2017 and subdivisions 4 and  5  as  amended  by  section  97  of
 subpart  B  of  part C of chapter 62 of the laws of 2011, are amended to
 read as follows:
   3. The office of children and family services shall report in  writing
 to  the sentencing court and district attorney, not less than once every
 six months during the period of confinement, on the status,  adjustment,
 programs and progress of the offender.
   [The  office  of children and family services may transfer an offender
 not less than eighteen years of age to the department of corrections and
 community supervision if the commissioner of the office certifies to the
 commissioner of corrections and community supervision that there  is  no
 substantial  likelihood  that  the  youth will benefit from the programs
 offered by office facilities.]
   4. The office of  children  and  family  services  may  apply  to  the
 sentencing  court  for  permission  to  transfer  a  youth not less than
 [sixteen nor more than] eighteen years  of  age  to  the  department  of
 corrections  and  community  supervision. Such application shall be made
 upon notice to the youth, who shall be entitled to  be  heard  upon  the
 application and to be represented by counsel. [The court shall grant the
 application  if  it is satisfied that there is no substantial likelihood
 that the youth will benefit from the  programs  offered  by  the  office
 facilities.]
   5.  [The office of children and family services may transfer an offen-
 der not less than eighteen nor more than twenty-one years of age to  the
 department  of corrections and community supervision if the commissioner
 of the office certifies to the commissioner of corrections and community
 supervision that there is no substantial likelihood that the youth  will
 benefit  from  the  programs  offered  by  office  facilities.] (A) UPON
 RECEIVING AN APPLICATION PURSUANT TO SUBDIVISION FOUR OF  THIS  SECTION,
 THE  COURT  SHALL HOLD A HEARING TO DETERMINE WHETHER IT WOULD BE IN THE
 INTEREST OF JUSTICE FOR THE YOUTH TO BE TRANSFERRED TO  THE  CUSTODY  OF
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
 S. 8006                            50                            A. 9006
 
   (B) IF THE COURT FINDS THAT IT WOULD BE IN THE INTEREST OF JUSTICE FOR
 THE  YOUTH  TO  BE  TRANSFERRED  TO  THE  CUSTODY  OF  THE DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION, THE COURT SHALL ISSUE  A  WRITTEN
 ORDER SO STATING AND TRANSFERRING THE YOUTH.
   § 3. Section 210.10 of the criminal procedure law is amended by adding
 a new subdivision 7 to read as follows:
   7.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISIONS TWO, THREE, OR SIX
 OF THIS SECTION, WHEN A POLICE OFFICER TAKES INTO CUSTODY PURSUANT TO  A
 WARRANT  ISSUED  BY THE SUPERIOR COURT A DEFENDANT ALLEGED TO BE A JUVE-
 NILE OFFENDER OR ADOLESCENT OFFENDER UNDER THE AGE OF TWENTY-ONE, OR ANY
 OTHER DEFENDANT UNDER THE AGE OF EIGHTEEN,  IF  A  COURT  IN  WHICH  THE
 WARRANT  IS  RETURNABLE  IS  NOT  AVAILABLE, THE EXECUTING OR DELEGATING
 OFFICER SHALL NOT BRING THE DEFENDANT TO THE LOCAL CORRECTIONAL FACILITY
 OF THE COUNTY IN WHICH SUCH COURT SITS AND  SHALL  BRING  THE  DEFENDANT
 BEFORE  THE  ACCESSIBLE  MAGISTRATE, IF ANY, DESIGNATED BY THE APPELLATE
 DIVISION OF THE SUPREME COURT IN  THE  APPLICABLE  DEPARTMENT.  IF  SUCH
 ACCESSIBLE  MAGISTRATE  IS  NOT AVAILABLE, THE OFFICER SHALL TAKE TO AND
 LODGE THE DEFENDANT IN A PLACE CERTIFIED BY THE OFFICE OF  CHILDREN  AND
 FAMILY SERVICES AS A SECURE OR SPECIALIZED SECURE DETENTION FACILITY.
   § 4. Subdivision 1 of section 510.15 of the criminal procedure law, as
 amended  by chapter 813 of the laws of 2021, is amended and a new subdi-
 vision 3 is added to read as follows:
   1. When a principal who is under the age of sixteen  is  committed  to
 the  custody  of the sheriff the court must direct that the principal be
 taken to and lodged in a place certified by the office of  children  and
 family  services  as  a juvenile detention facility for the reception of
 children.  When a principal who (a) commencing October first, two  thou-
 sand eighteen, is sixteen years of age; or (b) commencing October first,
 two  thousand nineteen, is sixteen or seventeen years of age, is commit-
 ted to the custody of the sheriff, the court must direct that the  prin-
 cipal be taken to and lodged in a place certified by the office of chil-
 dren  and  family  services  in conjunction with the state commission of
 correction as a specialized secure juvenile detention facility for older
 youth.  Where such a direction is made the  sheriff  shall  deliver  the
 principal  in accordance therewith and such person shall although lodged
 and cared for in a juvenile detention facility continue to be deemed  to
 be in the custody of the sheriff. No principal [under the age specified]
 to  whom  the  provisions of this section may apply shall be detained in
 any prison, jail, lockup, or other place used for adults convicted of  a
 crime  or under arrest and charged with the commission of a crime [with-
 out the approval of the office of children  and  family  services  which
 shall  consult  with  the  commission  of correction if the principal is
 sixteen years of age or older in the case  of  each  principal  and  the
 statement  of  its  reasons  therefor] EXCEPT AS PROVIDED IN SUBDIVISION
 THREE OF THIS SECTION; nor shall a principal under the age specified who
 is charged solely with a violation as defined in  subdivision  three  of
 section  10.00  of  the  penal law be subject to detention.  The sheriff
 shall not be liable for any acts done to or by such principal  resulting
 from  negligence  in  the detention of and care for such principal, when
 the principal is not in the actual custody of the sheriff.
   3. (A) WHEN A PRINCIPAL SIXTEEN YEARS OF AGE OR OLDER CHARGED  WITH  A
 CLASS  A FELONY, A VIOLENT FELONY OFFENSE, OR A FELONY INVOLVING THE USE
 OR POSSESSION OF A FIREARM WHO IS COMMITTED TO THE CUSTODY OF THE  SHER-
 IFF  PURSUANT  TO  THIS  SECTION  IS  UNABLE TO BE LODGED IN A DETENTION
 FACILITY BECAUSE (1) THE PRINCIPAL  HAS  COMMITTED  VIOLENT  ACTS  WHILE
 LODGED IN A DETENTION FACILITY THAT MAKE CONTINUED LODGING IN THE FACIL-
 S. 8006                            51                            A. 9006
 
 ITY A THREAT TO THE SAFETY OF THE PRINCIPAL OR OTHERS OR TO THE SECURITY
 OF THE FACILITY, OR (2) A LACK OF AVAILABLE AND ACCESSIBLE DETENTION BED
 CAPACITY,  THE  DISTRICT  ATTORNEY,  SHERIFF  OR DETENTION ADMINISTERING
 AGENCY  MAY  PETITION  THE  COURT  FOR APPROVAL TO TEMPORARILY LODGE THE
 PRINCIPAL IN A LOCAL CORRECTIONAL FACILITY, SUBJECT TO  THE  LIMITATIONS
 SET FORTH IN SECTION FIVE HUNDRED-P OF THE CORRECTION LAW.
   (I)  IF  THE BASIS FOR THE REQUEST IS THAT THE YOUTH COMMITTED VIOLENT
 ACTS WHILE LODGED IN A DETENTION  FACILITY  THAT  MAKE  THEIR  CONTINUED
 LODGING  IN  A  DETENTION FACILITY AN IMMINENT THREAT TO OTHERS, OR THAT
 THERE ARE NO AVAILABLE DETENTION BEDS STATEWIDE, SUCH AN APPLICATION MAY
 BE MADE BY ORDER TO SHOW CAUSE AND THE COURT  SHALL  CONDUCT  A  HEARING
 IMMEDIATELY,  SUBJECT TO CONTINUANCE WHERE NECESSARY, PRIOR TO ISSUING A
 SECURING ORDER.
   (II) IN ALL OTHER INSTANCES, A MOTION FOR APPROVAL OF A TRANSFER OF  A
 YOUTH  TO  A  LOCAL  CORRECTIONAL  FACILITY  MUST BE MADE IN WRITING AND
 SERVED AT LEAST EIGHT DAYS BEFORE  THE  TIME  AT  WHICH  THE  MOTION  IS
 NOTICED TO BE HEARD. IF THE MOTION IS BASED UPON THE EXISTENCE OR OCCUR-
 RENCE  OF FACTS, THE MOTION PAPERS MUST CONTAIN SWORN ALLEGATIONS THERE-
 OF. SUCH SWORN ALLEGATIONS MAY BE BASED UPON PERSONAL KNOWLEDGE  OF  THE
 AFFIANT  OR  UPON  INFORMATION  AND  BELIEF, PROVIDED THAT IN THE LATTER
 EVENT THE AFFIANT MUST STATE THE SOURCES OF  SUCH  INFORMATION  AND  THE
 GROUNDS  OF  SUCH  BELIEF.  THE  PEOPLE  MAY  FURTHER SUBMIT DOCUMENTARY
 EVIDENCE SUPPORTING OR TENDING TO SUPPORT THE ALLEGATIONS OF THE  MOVING
 PAPERS.  AT  LEAST  TWO DAYS BEFORE THE TIME THE MOTION IS NOTICED TO BE
 HEARD, THE YOUTH MAY FILE WITH THE COURT, AND IN SUCH CASE MUST SERVE  A
 COPY  THEREOF  UPON THE PEOPLE, AN ANSWERING AFFIDAVIT DENYING OR ADMIT-
 TING ANY OR ALL OF THE ALLEGATIONS OF THE MOVING PAPERS, AND MAY FURTHER
 SUBMIT DOCUMENTARY EVIDENCE REFUTING OR TENDING TO REFUTE  SUCH  ALLEGA-
 TIONS.
   (III)  THE  PARTIES  SHALL  HAVE  THE  RIGHT TO PRESENT EVIDENCE, CALL
 WITNESSES, AND REQUEST TO CONTINUE THE HEARING TO COMPLETE  PRESENTATION
 OF EVIDENCE.
   (IV) THE YOUTH HAS A RIGHT TO BE PRESENT IN PERSON AT SUCH HEARING.
   (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
 OFFICE OF CHILDREN AND FAMILY SERVICES MAY, IN ITS SOLE DISCRETION, MAKE
 AVAILABLE, UPON SUCH TERMS AND CONDITIONS AS IT  MAY  DEEM  APPROPRIATE,
 ANY  PART  OF  A SECURE FACILITY OPERATED BY THE OFFICE FOR THE CARE AND
 MAINTENANCE OF A PRINCIPAL DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION,
 UPON REQUEST BY THE SHERIFF OR DETENTION ADMINISTERING AGENCY.
   (C) THE COURT SHALL HOLD A HEARING AT WHICH IT DETERMINES  WHETHER  IT
 WOULD  BE IN THE INTEREST OF JUSTICE FOR THE PRINCIPAL TO BE HELD IN THE
 LOCAL CORRECTIONAL FACILITY, CONSIDERING (I) THE AGE OF  THE  PRINCIPAL,
 (II)  THE PHYSICAL AND MENTAL MATURITY OF THE PRINCIPAL, (III) THE PRES-
 ENT MENTAL STATE OF  THE  PRINCIPAL,  INCLUDING  WHETHER  THE  PRINCIPAL
 PRESENTS AN IMMINENT RISK OF HARM TO SELF OR OTHERS, (IV) THE NATURE AND
 CIRCUMSTANCES  OF  THE  ALLEGED  OFFENSE, (V) THE PRINCIPAL'S HISTORY OF
 PRIOR DELINQUENT OR CRIMINAL ACTS, (VI)  THE  RELATIVE  ABILITY  OF  THE
 AVAILABLE  LOCAL  CORRECTIONAL  AND JUVENILE DETENTION FACILITIES TO NOT
 ONLY MEET THE SPECIFIC NEEDS OF THE PRINCIPAL BUT ALSO  TO  PROTECT  THE
 SAFETY  OF  THE  PUBLIC  AS  WELL AS OTHER DETAINED YOUTH, AND (VII) ANY
 OTHER RELEVANT FACTOR. THE PEOPLE SHALL HAVE THE BURDEN OF  ESTABLISHING
 THAT  SUCH  TRANSFER IS IN THE INTEREST OF JUSTICE BY A PREPONDERANCE OF
 THE EVIDENCE.
   (D) IF THE COURT FINDS THAT IT WOULD BE IN THE INTEREST OF JUSTICE FOR
 THE PRINCIPAL TO BE LODGED IN THE LOCAL CORRECTIONAL  FACILITY  PURSUANT
 TO  PARAGRAPH  (C)  OF  THIS SUBDIVISION, THE COURT MUST ISSUE A WRITTEN
 S. 8006                            52                            A. 9006
 
 ORDER TO THAT EFFECT, AND SHALL DIRECT THE SHERIFF TO DELIVER THE  PRIN-
 CIPAL TO SUCH LOCATION.
   (E)  THE COURT SHALL HOLD A HEARING AT LEAST ONCE EVERY THIRTY DAYS TO
 DETERMINE IF THE PRINCIPAL'S LODGING IN THE LOCAL CORRECTIONAL  FACILITY
 CONTINUES  TO  BE  IN  THE INTEREST OF JUSTICE. NO PRINCIPAL TO WHOM THE
 PROVISIONS OF THIS SECTION APPLY SHALL BE DETAINED IN  A  LOCAL  CORREC-
 TIONAL FACILITY FOR LONGER THAN ONE HUNDRED EIGHTY DAYS UNLESS THE PRIN-
 CIPAL  WAIVES  SUCH  LIMITATION  OR  THE COURT FINDS GOOD CAUSE FOR SUCH
 CONTINUED DETENTION. NO PRINCIPAL UNDER THE AGE OF EIGHTEEN TO WHOM  THE
 PROVISIONS  OF THIS SECTION APPLY SHALL HAVE SIGHT OR SOUND CONTACT WITH
 ADULTS INCARCERATED IN THE LOCAL  CORRECTIONAL  FACILITY.  NO  PRINCIPAL
 OVER  THE  AGE  OF  EIGHTEEN  SHALL  BE PERMITTED TO HAVE SIGHT OR SOUND
 CONTACT WITH AN INCARCERATED ADULT WITHOUT A HEARING  AS  SET  FORTH  IN
 THIS SUBDIVISION. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PERMIT
 THE  SOLITARY  CONFINEMENT,  DISCIPLINARY  ISOLATION, OR PUNITIVE SEGRE-
 GATION OF SUCH PRINCIPAL. DURING ANY PERIOD IN WHICH A PRINCIPAL TO WHOM
 THE PROVISIONS OF THIS SECTION APPLIES IS LODGED IN A LOCAL CORRECTIONAL
 FACILITY, THE DETENTION ADMINISTERING AGENCY  SHALL  REMAIN  RESPONSIBLE
 FOR ASSESSING THE HEALTH AND WELLBEING OF THE PRINCIPAL, CONSISTENT WITH
 REGULATIONS PROMULGATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (F)  FOR  ANY  PRINCIPAL  FOR WHOM A TEMPORARY JAIL PLACEMENT HAS BEEN
 APPROVED UNDER  THIS  SUBDIVISION,  THE  DETENTION-ADMINISTERING  AGENCY
 SHALL  ACTIVELY SEEK APPROPRIATE AND AVAILABLE DETENTION OPTIONS. IF THE
 REQUEST WAS BASED ON A LACK OF DETENTION  BED  CAPACITY,  THE  DETENTION
 ADMINISTERING AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
 INFORM THE COURT UPON BED CAPACITY BECOMING AVAILABLE. UPON SUCH NOTICE,
 THE COURT SHALL RESCIND THE ORDER APPROVING TRANSFER OF THE PRINCIPAL TO
 THE JAIL AND ISSUE AN ORDER DIRECTING THE SHERIFF TO TRANSPORT THE PRIN-
 CIPAL TO A JUVENILE FACILITY FORTHWITH.
   (G)  THE  HEARING PROVIDED FOR BY THIS SUBDIVISION IS NOT REQUIRED FOR
 YOUTH TO BE DETAINED IN AN ADULT JAIL OR LOCKUP, WITH  SIGHT  AND  SOUND
 SEPARATION FROM INCARCERATED ADULTS, WHEN:
   (I)  THE YOUTH IS DETAINED IN AN ADULT JAIL OR LOCKUP FOR A PERIOD NOT
 TO EXCEED SIX HOURS FOR: PROCESSING OR RELEASE, WHILE AWAITING  TRANSFER
 TO A JUVENILE FACILITY, OR WHILE AWAITING A COURT APPEARANCE; OR
   (II) THE YOUTH IS AWAITING AN INITIAL COURT APPEARANCE THAT WILL OCCUR
 WITHIN  FORTY-EIGHT  HOURS  AFTER  BEING  TAKEN  INTO CUSTODY (EXCLUDING
 SATURDAYS, SUNDAYS,  AND  LEGAL  HOLIDAYS)  AND  EITHER:  CONDITIONS  OF
 DISTANCE  TO BE TRAVELED OR THE LACK OF HIGHWAY, ROAD, OR TRANSPORTATION
 DO NOT ALLOW FOR COURT APPEARANCES WITHIN FORTY-EIGHT  HOURS  (EXCLUDING
 SATURDAYS,  SUNDAYS,  AND LEGAL HOLIDAYS) SO THAT A BRIEF (NOT TO EXCEED
 AN ADDITIONAL FORTY-EIGHT HOURS) DELAY IS EXCUSABLE;  OR  CONDITIONS  OF
 SAFETY  EXIST  (SUCH AS SEVERE, ADVERSE, LIFE THREATENING WEATHER CONDI-
 TIONS) THAT DO NOT ALLOW FOR REASONABLY SAFE TRAVEL, IN WHICH  CASE  THE
 TIME  FOR AN APPEARANCE MAY BE DELAYED UNTIL TWENTY-FOUR HOURS AFTER THE
 TIME THAT SUCH CONDITIONS ALLOW FOR REASONABLY SAFE TRAVEL.
   § 5. This act shall take effect immediately.
 
                                  PART R
 
   Section 1. Subdivision 1 of section  359  of  the  executive  law,  as
 amended  by  section 42 of part AA of chapter 56 of the laws of 2019, is
 amended to read as follows:
   1. A local director shall designate the  location  of  the  local  and
 branch  offices  of the local veterans' service agency within his or her
 jurisdiction, which offices shall be open during convenient  hours.  The
 S. 8006                            53                            A. 9006
 
 cost  of  maintenance and operation of a county veterans' service agency
 shall be a county charge and the cost of maintenance and operation of  a
 city veterans' service agency shall be a city charge, excepting that the
 state  director  with  the approval of the veterans' services commission
 shall allot and pay, from state moneys made available to him or her  for
 such  purposes,  to  each  county veterans' service agency and each city
 veterans' service agency, an amount equal to fifty  per  centum  of  its
 expenditures  for maintenance and operation approved by the state direc-
 tor, provided that in no event shall the amount allotted  and  paid  for
 such  approved expenditures incurred in any given year exceed (1) in the
 case of any county veterans' service agency in a county having  a  popu-
 lation  of not more than one hundred thousand or in the case of any city
 veterans' service agency in a city having a population of not more  than
 one hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, nor
 (2)  in  the  case  of  any  county veterans' service agency in a county
 having a population in excess of  one  hundred  thousand  excluding  the
 population  of any city therein which has a city veterans' service agen-
 cy, the sum of [ten] TWENTY-FIVE  thousand  dollars,  and,  in  addition
 thereto, the sum of five thousand dollars for each one hundred thousand,
 or  major  portion thereof, of the population of the county in excess of
 one hundred thousand excluding the population of any city therein  which
 has  a  city  veterans'  service agency, nor (3) in the case of any city
 veterans' service agency in a city having a population in excess of  one
 hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, and, in
 addition  thereto, the sum of five thousand dollars for each one hundred
 thousand, or major portion thereof, of the population  of  the  city  in
 excess  of  one  hundred thousand. Such population shall be certified in
 the same manner as provided by section fifty-four of the  state  finance
 law.
   §  2.  This  act  shall take effect immediately and shall apply to all
 expenditures made on and after April 1, 2022.
 
                                  PART S
 
   Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
 section  131-o  of  the  social services law, as amended by section 1 of
 part P of chapter 56 of the  laws  of  2021,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$152.00] $161.00 for each month beginning on or after
 January first, two thousand [twenty-one] TWENTY-TWO.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$176.00] $186.00 for each month beginning on
 or after January first, two thousand [twenty-one] TWENTY-TWO.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$210.00] $222.00 for each month
 beginning on or after January first, two thousand  [twenty-one]  TWENTY-
 TWO.
   (d) for the period commencing January first, two thousand [twenty-two]
 TWENTY-THREE,  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. 8006                            54                            A. 9006
 
 living adjustment which becomes effective on or after January first, two
 thousand [twenty-two] TWENTY-THREE, but prior  to  June  thirtieth,  two
 thousand [twenty-two] TWENTY-THREE, rounded to the nearest whole dollar.
   §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
 section 209 of the social services law, as amended by section 2 of  part
 P of chapter 56 of the laws of 2021, are amended to read as follows:
   (a)  On and after January first, two thousand [twenty-one] TWENTY-TWO,
 for an eligible individual living alone, [$881.00] $928.00; and  for  an
 eligible couple living alone, [$1,295.00] $1,365.00.
   (b)  On and after January first, two thousand [twenty-one] TWENTY-TWO,
 for an eligible individual living with others with  or  without  in-kind
 income, [$817.00] $864.00; and for an eligible couple living with others
 with or without in-kind income, [$1,237.00] $1,307.00.
   (c)  On and after January first, two thousand [twenty-one] TWENTY-TWO,
 (i) for  an  eligible  individual  receiving  family  care,  [$1,060.48]
 $1,107.48 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 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 eligi-
 ble individual receiving such care in any other  county  in  the  state,
 [$1,022.48]  $1,069.48;  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.
   (d) On and after January first, two thousand [twenty-one]  TWENTY-TWO,
 (i)  for  an eligible individual receiving residential care, [$1,229.00]
 $1,276.00 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,  [$1,199.00] $1,246.00; 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-one] TWENTY-TWO,
 (i) for an eligible  individual  receiving  enhanced  residential  care,
 [$1,488.00]  $1,535.00;  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-two] TWENTY-
 THREE but prior to June thirtieth,  two  thousand  [twenty-two]  TWENTY-
 THREE.
   § 3. This act shall take effect December 31, 2022.
 
                                  PART T
 
   Section  1.  Section 4 of part W of chapter 54 of the laws of 2016, as
 amended by section 1 of part M of chapter 56 of the laws of 2019, amend-
 ing the social services law relating to the powers and duties    of  the
 commissioner  of social services relating to the appointment of a tempo-
 rary operator, is amended to read as follows:
 S. 8006                            55                            A. 9006

   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2016, provided
 further that this act shall expire and  be  deemed  repealed  March  31,
 [2022] 2025.
   § 2. This act shall take effect immediately.
 
                                  PART U
 
   Section 1. Subdivision 4 of section 158 of the social services law, as
 amended  by  section 44 of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   4. Social services officials shall determine  eligibility  for  safety
 net  assistance within [forty-five] THIRTY days of receiving an applica-
 tion for safety net assistance. Such officials shall  notify  applicants
 of  safety  net  assistance about the availability of assistance to meet
 emergency circumstances or to prevent eviction.
   § 2. Subdivision 8 of section 153  of  the  social  services  law,  as
 amended  by  chapter  41  of  the  laws  of  1992, is amended to read as
 follows:
   8. Any inconsistent provision of the law or regulation of the  depart-
 ment  notwithstanding,  state  reimbursement  shall  not be made for any
 expenditure made for the duplication of any grant and allowance for  any
 period,  except  as  authorized  by  subdivision  eleven  of section one
 hundred thirty-one of this chapter[, or for any home relief payment made
 for periods prior to forty-five days after the filing of an  application
 unless  the  district determines pursuant to department regulations that
 such assistance is required to meet emergency circumstances  or  prevent
 eviction].  Notwithstanding  any other provision of law, social services
 districts are not required to provide [home relief] SAFETY  NET  ASSIST-
 ANCE  to  any  person, otherwise eligible, if state reimbursement is not
 available in accordance with this subdivision.
   § 3. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 8 of
 section 131-a of the social services law, subparagraph (ii)  as  amended
 by  section 12 of part B of chapter 436 of the laws of 1997 and subpara-
 graph (iii) as amended by chapter 246 of the laws of 2002,  are  amended
 to read as follows:
   (ii)  FIFTY PERCENT OF THE EARNED INCOME FOR SUCH MONTH OF ANY RECIPI-
 ENT;
   (III) from the earned income of any [child or relative applying for or
 receiving aid pursuant to such  program,  or  of  any  other  individual
 living  in the same household as such relative and child whose needs are
 taken into account in  making  such  determination,  the  first  ninety]
 APPLICANT OR RECIPIENT, ONE HUNDRED FIFTY dollars of the [total of such]
 earned  income for such month THAT REMAINS AFTER APPLICATION OF SUBPARA-
 GRAPH (II) OF THIS PARAGRAPH;
   [(iii) forty-two percent of the earned income for such  month  of  any
 recipient  in  a  household  containing  a dependent child which remains
 after  application  of  all  other  subparagraphs  of  this   paragraph;
 provided, however, that such percentage amount shall be adjusted in June
 of  each  year,  commencing in nineteen hundred ninety-eight, to reflect
 changes in the most recently issued poverty  guidelines  of  the  United
 States  Bureau  of  the  Census,  such that a household of three without
 special needs, living in a heated apartment in New York city and without
 unearned income would become ineligible for assistance with gross  earn-
 ings  equal  to the poverty level in such guidelines; provided, however,
 that no assistance shall be given to any household with gross earned and
 S. 8006                            56                            A. 9006

 unearned income, exclusive of income described in subparagraphs (i)  and
 (vi) of this paragraph, in excess of such poverty level;]
   §  4.  Subdivision  10  of section 131-a of the social services law is
 REPEALED.
   § 5. Subdivision 1 of section 131-n of the  social  services  law,  as
 separately  amended  by  chapters    323 and 329 of the laws of 2019, is
 amended to read as follows:
   1. The following resources shall be exempt and disregarded  in  calcu-
 lating  the amount of benefits of any household under any public assist-
 ance program: (a) cash and liquid or nonliquid resources up to two thou-
 sand FIVE HUNDRED dollars for  applicants,  [or]  three  thousand  SEVEN
 HUNDRED  FIFTY  dollars  FOR  APPLICANTS  in [the case of] households in
 which any member is sixty years of age or older OR IS  DISABLED  OR  TEN
 THOUSAND  DOLLARS  FOR RECIPIENTS, (b) an amount up to four thousand six
 hundred fifty dollars in a separate bank account established by an indi-
 vidual while currently in receipt of assistance for the sole purpose  of
 enabling  the  individual to purchase a first or replacement vehicle for
 the recipient to seek, obtain or maintain employment,  so  long  as  the
 funds  are not used for any other purpose, (c) an amount up to one thou-
 sand four hundred dollars in a separate bank account established  by  an
 individual  while  currently in receipt of assistance for the purpose of
 paying tuition at a  two-year  or  four-year  accredited  post-secondary
 educational institution, so long as the funds are not used for any other
 purpose, (d) the home which is the usual residence of the household, (e)
 one  automobile,  up  to ten thousand dollars fair market value, through
 March thirty-first, two thousand seventeen; one automobile, up to eleven
 thousand dollars fair market  value,  from  April  first,  two  thousand
 seventeen  through  March  thirty-first,  two thousand eighteen; and one
 automobile, up to twelve thousand dollars fair market  value,  beginning
 April  first, two thousand eighteen and thereafter, or such other higher
 dollar value as the local social services district may elect  to  adopt,
 (f)  one burial plot per household member as defined in department regu-
 lations, (g) bona fide funeral agreements up to a total of one  thousand
 five  hundred dollars in equity value per household member, (h) funds in
 an individual development account established in accordance with  subdi-
 vision  five  of  section  three hundred fifty-eight of this chapter and
 section four hundred three of the social security act, (i) for a  period
 of  six months, real property which the household is making a good faith
 effort to sell, in accordance with department regulations  and  tangible
 personal  property  necessary for business or for employment purposes in
 accordance with department regulations, and (j)  funds  in  a  qualified
 tuition  program  that  satisfies  the requirement of section 529 of the
 Internal Revenue Code of 1986, as amended, and [(j)] (K) funds in a  New
 York  achieving  a better life experience savings account established in
 accordance with article eighty-four of the mental hygiene law.
   If federal law or regulations require the exemption  or  disregard  of
 additional  income  and resources in determining need for family assist-
 ance, or medical assistance not exempted or disregarded pursuant to  any
 other  provision  of  this  chapter,  the department may, by regulations
 subject to the approval of the director of the  budget,  require  social
 services  officials  to  exempt  or disregard such income and resources.
 Refunds resulting from earned income tax credits shall be disregarded in
 public assistance programs.
   § 6. This act shall take effect October 1,  2022;  provided,  however,
 that  the  amendments  to  subdivision  1 of section 131-n of the social
 S. 8006                            57                            A. 9006
 
 services law made by section five of this act shall not affect the expi-
 ration of such section and shall be deemed to expire therewith.
 
                                  PART V
 
   Section  1.  The labor law is amended by adding a new section 202-m to
 read as follows:
   § 202-M. RESTRICTIONS ON EMPLOYMENT. 1. DEFINITIONS. FOR THE  PURPOSES
 OF THIS SECTION:
   (A)  "COVERED  EMPLOYEE"  SHALL MEAN AN EMPLOYEE EARNING LESS THAN THE
 MEDIAN WAGE IN NEW YORK STATE AS DETERMINED AND PUBLISHED ON THE DEPART-
 MENT'S WEBSITE BY THE COMMISSIONER ON OR BEFORE THE  FIRST  OF  JUNE  OF
 EACH YEAR.
   (B)  "PROSPECTIVE  COVERED  EMPLOYEE"  SHALL  MEAN AN APPLICANT OR JOB
 CANDIDATE FOR EMPLOYMENT FOR A JOB EARNING LESS THAN THE MEDIAN WAGE  IN
 NEW YORK STATE AS DETERMINED AND PUBLISHED BY THE COMMISSIONER.
   (C)  "NON-COMPETE  AGREEMENT" SHALL MEAN AN AGREEMENT OR CONTRACT THAT
 PROHIBITS, DISCOURAGES, OR OTHERWISE RESTRICTS AN EMPLOYEE FROM  OBTAIN-
 ING  EMPLOYMENT  IN ANY SPECIFIED GEOGRAPHIC AREA, FOR A SPECIFIC PERIOD
 OF TIME, OR WITH ANY PARTICULAR EMPLOYER OR IN ANY PARTICULAR INDUSTRY.
   (D) "EMPLOYEE" MEANS ANY PERSON EMPLOYED FOR HIRE BY  AN  EMPLOYER  IN
 ANY EMPLOYMENT.
   (E)  "EMPLOYER"  INCLUDES  ANY  PERSON, CORPORATION, LIMITED LIABILITY
 COMPANY, OR ASSOCIATION EMPLOYING  ANY  INDIVIDUAL  IN  ANY  OCCUPATION,
 INDUSTRY,  TRADE,  BUSINESS  OR  SERVICE.  THE TERM "EMPLOYER" SHALL NOT
 INCLUDE A GOVERNMENTAL AGENCY.
   2. PROHIBITED NON-COMPETE AGREEMENTS. NO EMPLOYER SHALL SEEK,  DEMAND,
 REQUIRE,  OR ACCEPT A NON-COMPETE AGREEMENT WITH A COVERED EMPLOYEE OR A
 PROSPECTIVE COVERED EMPLOYEE.
   3. LIMITATIONS ON PERMISSIBLE NON-COMPETE AGREEMENTS. FOR ALL  EMPLOY-
 EES  OTHER  THAN  COVERED  EMPLOYEES,  NO  EMPLOYER SHALL SEEK, REQUIRE,
 DEMAND OR ACCEPT A NON-COMPETE AGREEMENT FROM ANY  EMPLOYEE  UNLESS  THE
 NON-COMPETE AGREEMENT MEETS THE FOLLOWING REQUIREMENTS:
   (A)  BE  STRICTLY LIMITED TO BE NO MORE EXPANSIVE THAN AS REQUIRED FOR
 THE PROTECTION OF THE LEGITIMATE INTEREST OF THE EMPLOYER;
   (B) NOT IMPOSE UNDUE HARDSHIP ON THE EMPLOYEE;
   (C) NOT BE INJURIOUS TO THE PUBLIC;
   (D) BE DISCLOSED IN A WRITTEN OFFER OF  EMPLOYMENT  OR  IN  A  WRITTEN
 OFFER OF A PROMOTION AT LEAST TEN DAYS BEFORE THE EFFECTIVE DATE OF SUCH
 EMPLOYMENT OR PROMOTION;
   (E) BE WRITTEN IN THE PRIMARY LANGUAGE IDENTIFIED BY THE EMPLOYEE;
   (F)  BE WRITTEN AT A READING COMPREHENSION LEVEL NOT EXCEEDING THAT OF
 THE EMPLOYEE;
   (G) NOT CONTAIN A TERM OF MORE THAN ONE YEAR AFTER THE EMPLOYMENT  HAS
 ENDED;
   (H)  NOT  REQUIRE THAT AN EMPLOYEE ADJUDICATE, INCLUDING LITIGATION OR
 ARBITRATION, OUTSIDE OF THE STATE OF NEW YORK A  CLAIM  ARISING  IN  THE
 STATE OF NEW YORK;
   (I)  BE  MAINTAINED  BY THE EMPLOYER FOR A PERIOD OF NOT LESS THAN SIX
 YEARS FROM THE END OF THE AGREEMENT;
   (J) BE VOIDABLE, AT THE OPTION OF THE EMPLOYEE, IF THE EMPLOYER CANNOT
 DEMONSTRATE A CONTINUED WILLINGNESS TO EMPLOY THE EMPLOYEE; AND
   (K) NOT DEPRIVE AN EMPLOYEE OF THE SUBSTANTIVE PROTECTION OF NEW  YORK
 LAW WITH RESPECT TO A CONTROVERSY ARISING IN THE STATE OF NEW YORK.
   4. THIS SECTION SHALL NOT APPLY TO:
   (A) THE ENFORCEMENT OF COVENANTS NOT TO DISCLOSE TRADE SECRETS;
 S. 8006                            58                            A. 9006
 
   (B) EMPLOYEES COVERED UNDER SECTION TWO HUNDRED TWO-K OF THIS ARTICLE;
 AND
   (C) AGREEMENTS BETWEEN BONA FIDE OWNERS OR PARTNERS OF A BUSINESS.
   5.  UPON  THE  REQUEST OF THE COMMISSIONER OR HIS OR HER DESIGNEE, ANY
 CONTRACT OR AGREEMENT DESCRIBED  IN  THIS  SECTION  SHALL  BE  OPEN  FOR
 INSPECTION  AND COPIES OF WHICH SHALL BE PROVIDED BY THE EMPLOYER TO THE
 COMMISSIONER PROMPTLY UPON SUCH REQUEST.
   6. ANY PERSON WHO VIOLATES THIS SECTION SHALL BE CIVILLY LIABLE  TO  A
 COVERED  EMPLOYEE FOR DAMAGES, ATTORNEY'S FEES, AND COSTS. ANY PROVISION
 OF A CONTRACT THAT VIOLATES SUBDIVISION  ONE,  TWO,  OR  THREE  OF  THIS
 SECTION  SHALL  BE  VOIDABLE  BY  THE  EMPLOYEE,  AND  IF A PROVISION IS
 RENDERED VOID AT THE REQUEST OF THE EMPLOYEE, ANY MATTERS ARISING THERE-
 FROM SHALL BE ADJUDICATED IN THE STATE OF NEW  YORK  AND  NEW  YORK  LAW
 SHALL GOVERN THE DISPUTE.
   §  2.  The  opening  paragraph  of subdivision 1 of section 218 of the
 labor law, as amended by chapter 2 of the laws of 2015,  is  amended  to
 read as follows:
   If  the  commissioner  determines  that  an  employer  has  violated a
 provision of article six (payment of wages), article  nineteen  (minimum
 wage  act),  article  nineteen-A  (minimum wage standards and protective
 labor  practices  for  farm  workers),   SECTION   TWO   HUNDRED   TWO-M
 (RESTRICTIONS  ON EMPLOYMENT), section two hundred twelve-a, section two
 hundred twelve-b, section one hundred sixty-one (day of rest) or section
 one hundred sixty-two (meal periods) of this chapter, or a rule or regu-
 lation promulgated thereunder,  the  commissioner  shall  issue  to  the
 employer  an  order directing compliance therewith, which shall describe
 particularly the nature of the alleged violation. A copy of  such  order
 shall  be  provided  to  any  employee who has filed a complaint and any
 authorized representative of  him  or  her.  In  addition  to  directing
 payment  of  wages,  benefits  or  wage supplements found to be due, and
 liquidated damages in the amount of one hundred percent of unpaid wages,
 such order, if issued to an employer who previously has  been  found  in
 violation  of  those provisions, rules or regulations, or to an employer
 whose violation is willful or egregious, shall  direct  payment  to  the
 commissioner of an additional sum as a civil penalty in an amount not to
 exceed  double  the total amount of wages, benefits, or wage supplements
 found to be due. In no case shall the order direct payment of an  amount
 less  than  the  total  wages, benefits or wage supplements found by the
 commissioner to be due, plus the liquidated damages in the amount of one
 hundred percent of unpaid wages,  the  appropriate  civil  penalty,  and
 interest  at  the  rate of interest then in effect, as prescribed by the
 superintendent of financial services pursuant to section  fourteen-a  of
 the  banking law per annum from the date of the underpayment to the date
 of the payment. Where the violation is  for  a  reason  other  than  the
 employer's  failure  to pay wages, benefits or wage supplements found to
 be due, the order shall direct payment to the commissioner  of  a  civil
 penalty  in  an  amount  not  to exceed one thousand dollars for a first
 violation, two thousand dollars for a second violation or three thousand
 dollars for a third or subsequent violation. In assessing the amount  of
 the  penalty,  the commissioner shall give due consideration to the size
 of the employer's business, the good faith  basis  of  the  employer  to
 believe  that its conduct was in compliance with the law, the gravity of
 the violation, the history of previous violations and, in  the  case  of
 wages,  benefits  or  supplements violations, the failure to comply with
 recordkeeping or other non-wage requirements.
 S. 8006                            59                            A. 9006
 
   § 3. Subdivision 1 of section 219 of the  labor  law,  as  amended  by
 chapter  564  of  the  laws  of  2010,  the opening paragraph as further
 amended by part A of section 104 of chapter 62 of the laws of  2011,  is
 amended to read as follows:
   1.  If  the commissioner determines that an employer has failed to pay
 wages, benefits or wage supplements required  pursuant  to  article  six
 (payment  of  wages), SECTION TWO HUNDRED TWO-M (RESTRICTIONS ON EMPLOY-
 MENT), article nineteen (minimum wage act) or article nineteen-A  (mini-
 mum  wage  standards and protective labor practices for farm workers) of
 this chapter, or  a  rule  or  regulation  promulgated  thereunder,  the
 commissioner  shall  issue to the employer an order directing compliance
 therewith, which shall describe particularly the nature of  the  alleged
 violation.  A  copy  of such order shall be provided to any employee who
 has filed a complaint and to his or her authorized representative.  Such
 order  shall  direct  payment  of  wages or supplements found to be due,
 liquidated damages in the amount of one hundred percent of unpaid wages,
 and interest at the rate of interest then in effect as prescribed by the
 superintendent of financial services pursuant to section  fourteen-a  of
 the  banking law per annum from the date of the underpayment to the date
 of the payment.
   At the discretion of the commissioner,  the  commissioner  shall  have
 full  authority to provide for inclusion of an automatic fifteen percent
 additional amount of damages to come due and owing  upon  expiration  of
 ninety  days  from  an  order to comply becoming final. The commissioner
 shall provide written notice to the employer in the order to  comply  of
 this additional damage.
   §  4.  Section  340 of the general business law is amended by adding a
 new subdivision 7 to read as follows:
   7. NO EMPLOYER SHALL ENTER INTO  A  RESTRICTIVE  EMPLOYMENT  AGREEMENT
 THAT  PROHIBITS  OR  RESTRICTS ANY EMPLOYER'S ABILITY TO SOLICIT OR HIRE
 ANOTHER EMPLOYER'S CURRENT OR FORMER EMPLOYEES. IT SHALL BE UNLAWFUL FOR
 ANY ENTITY TO ENTER INTO SUCH A RESTRICTIVE EMPLOYMENT AGREEMENT  OR  TO
 ENFORCE  OR THREATEN TO ENFORCE SUCH A RESTRICTIVE EMPLOYMENT AGREEMENT.
 FOR PURPOSES OF THIS SUBDIVISION, THE TERMS  "EMPLOYER"  AND  "EMPLOYEE"
 SHALL  HAVE  THE SAME MEANINGS AS DEFINED PURSUANT TO SECTION TWO OF THE
 LABOR LAW.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART W
 
   Section 1. Subdivision 1 of section 198-a of the labor law, as amended
 by chapter 564 of the laws of 2010, is amended to read as follows:
   1.  Every  employer who does not pay the wages of all of his employees
 in accordance with the provisions of this chapter, and the officers  and
 agents of any corporation, partnership, or limited liability company who
 knowingly  permit  the  corporation,  partnership,  or limited liability
 S. 8006                            60                            A. 9006
 
 company to violate this chapter by failing to pay the wages  of  any  of
 its employees in accordance with the provisions thereof, shall be guilty
 [of  a  misdemeanor  for  the first offense and upon conviction therefor
 shall  be fined not less than five hundred nor more than twenty thousand
 dollars or imprisoned for not more than one year, and, in the event that
 any second or subsequent offense occurs within six years of the date  of
 conviction  for  a  prior  offense,  shall be guilty of a felony for the
 second or subsequent offense, and upon  conviction  therefor,  shall  be
 fined  not  less than five hundred nor more than twenty thousand dollars
 or imprisoned for not more than one year plus one day,  or  punished  by
 both such fine and imprisonment, for each such offense. An indictment of
 a  person  or  corporation  operating  a  steam  surface railroad for an
 offense specified in this section may be found and tried in  any  county
 within  the  state  in  which  such  railroad  ran  at  the time of such
 offense], EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER OR IN  THE  PENAL
 LAW,  OF A CLASS A MISDEMEANOR FOR FAILURE TO PAY A SINGLE EMPLOYEE LESS
 THAN ONE THOUSAND DOLLARS OR LESS THAN TWENTY-FIVE THOUSAND  DOLLARS  TO
 MORE  THAN ONE EMPLOYEE; OF A CLASS E FELONY FOR FAILURE TO PAY A SINGLE
 EMPLOYEE GREATER THAN ONE THOUSAND DOLLARS OR GREATER  THAN  TWENTY-FIVE
 THOUSAND  DOLLARS  TO  MORE  THAN  ONE EMPLOYEE; OF A CLASS D FELONY FOR
 FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN THREE THOUSAND DOLLARS  OR
 ONE  HUNDRED  THOUSAND  DOLLARS TO MORE THAN ONE EMPLOYEE; AND A CLASS C
 FELONY FOR FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN FIFTY  THOUSAND
 DOLLARS  OR  GREATER THAN FIVE HUNDRED THOUSAND DOLLARS TO MORE THAN ONE
 EMPLOYEE.  FURTHER, A COURT MAY ORDER RESTITUTION OF WAGES IN THE AMOUNT
 OF THE UNDERPAYMENT AND TOGETHER  WITH  SUCH  AMOUNTS  PROVIDED  FOR  BY
 SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER.
   §  2.  Section  213 of the labor law, as amended by chapter 729 of the
 laws of 1980, is amended to read as follows:
   § 213. Violations of provisions of labor law; the  rules,  regulations
 or  orders  of  the [industrial] commissioner and the [industrial] board
 [of appeals]. Any person who  violates  or  does  not  comply  with  any
 provision  of the labor law, any rule, regulation or lawful order of the
 [industrial] commissioner or the [industrial] board  [of  appeals],  and
 the  officers  and  agents  of  any corporation who knowingly permit the
 corporation to violate such provisions, are guilty of a CLASS  A  misde-
 meanor and upon conviction shall be punished, [except as in this chapter
 or in the penal law otherwise provided, for a first offense by a fine of
 not  more than one hundred dollars, provided, however, that if the first
 offense is a violation of a rule or provision for the protection of  the
 safety or health of employees or persons lawfully frequenting a place to
 which  this  chapter applies, the punishment shall be a fine of not more
 than one hundred dollars or by imprisonment for not  more  than  fifteen
 days  or  by  both  such  fine and imprisonment;] IN ACCORDANCE WITH THE
 PENAL LAW AND, for a second [offense by a fine  of  not  less  than  one
 hundred  nor  more than five hundred dollars, or by imprisonment for not
 more than thirty days or by both  such  fine  and  imprisonment;  for  a
 second  offense  by a fine of not less than three hundred dollars, or by
 imprisonment for not more than sixty days, or  by  both  such  fine  and
 imprisonment]  OR  SUBSEQUENT  OFFENSE COMMITTED WITHIN SIX YEARS OF THE
 DATE OF CONVICTION OF PRIOR OFFENSE, ARE GUILTY OF A CLASS E FELONY  AND
 UPON CONVICTION SHALL BE PUNISHED IN ACCORDANCE WITH THE PENAL LAW. This
 section  shall not apply to any person covered by section twenty-seven-a
 of this chapter.
   § 3. This act shall take effect immediately.
 S. 8006                            61                            A. 9006
 
                                  PART X
 
   Section  1.  Subdivision  1  of  section  296 of the executive law, as
 amended by chapter 365 of the laws of 2015, paragraphs (a), (b), (c) and
 (d) as amended by chapter 8 of  the  laws  of  2019,  paragraph  (h)  as
 amended  by chapter 161 of the laws of 2019, paragraph (a) as separately
 amended by chapter 176 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1. It shall be an unlawful discriminatory practice:
   (a)  For  an  employer or licensing agency, because of an individual's
 age, race, creed, color, national  origin,  sexual  orientation,  gender
 identity  or  expression, military status, sex, disability, predisposing
 genetic characteristics, familial status, marital status, or status as a
 victim of domestic violence, to refuse to hire or employ or to bar or to
 discharge from employment such individual  or  to  discriminate  against
 such individual in compensation or in terms, conditions or privileges of
 employment.
   (b)  For  an  employment agency to discriminate against any individual
 because of age, race, creed, color, national origin, sexual orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing genetic characteristics, familial status, [or] marital status, OR
 STATUS AS A VICTIM OF  DOMESTIC  VIOLENCE,  in  receiving,  classifying,
 disposing  or  otherwise acting upon applications for its services or in
 referring an applicant or applicants to an employer or employers.
   (c) For a labor organization, because of the age, race, creed,  color,
 national  origin,  sexual  orientation,  gender  identity or expression,
 military status, sex, disability, predisposing genetic  characteristics,
 familial  status, [or] marital status, OR STATUS AS A VICTIM OF DOMESTIC
 VIOLENCE, of any individual, to exclude or to expel from its  membership
 such individual or to discriminate in any way against any of its members
 or against any employer or any individual employed by an employer.
   (d)  For  any  employer  or employment agency to print or circulate or
 cause to be printed or circulated any statement, advertisement or publi-
 cation, or to use any form of application for employment or to make  any
 inquiry  in  connection  with  prospective  employment,  which expresses
 directly or indirectly, any limitation, specification or  discrimination
 as  to  age,  race,  creed,  color, national origin, sexual orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing genetic characteristics, familial status, [or] marital status, OR
 STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or any intent to make any  such
 limitation,  specification  or  discrimination, unless based upon a bona
 fide occupational qualification; provided, however,  that  neither  this
 paragraph  nor  any  provision  of  this  chapter  or other law shall be
 construed to prohibit the department of civil service or the  department
 of personnel of any city containing more than one county from requesting
 information  from  applicants  for civil service examinations concerning
 any of the aforementioned  characteristics,  other  than  sexual  orien-
 tation,  for  the  purpose of conducting studies to identify and resolve
 possible problems in recruitment and  testing  of  members  of  minority
 groups  to  insure  the  fairest  possible  and  equal opportunities for
 employment in the civil service for  all  persons,  regardless  of  age,
 race,  creed, color, national origin, sexual orientation or gender iden-
 tity or  expression,  military  status,  sex,  disability,  predisposing
 genetic characteristics, familial status, or marital status.
   (e)  For  any  employer,  labor  organization  or employment agency to
 discharge, expel or otherwise discriminate against any person because he
 S. 8006                            62                            A. 9006
 
 or she has opposed any practices forbidden under this article or because
 he or she has filed a complaint, testified or assisted in any proceeding
 under this article.
   (f) Nothing in this subdivision shall affect any restrictions upon the
 activities  of  persons  licensed  by  the  state  liquor authority with
 respect to persons under twenty-one years of age.
   (g) For an employer to compel an employee who is pregnant  to  take  a
 leave  of  absence,  unless  the employee is prevented by such pregnancy
 from performing the activities involved in the job or  occupation  in  a
 reasonable manner.
   (h)  For  an  employer,  licensing  agency, employment agency or labor
 organization to subject any individual to harassment because of an indi-
 vidual's age, race, creed, color, national origin,  sexual  orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing  genetic characteristics, familial status, marital status, STATUS
 AS A VICTIM OF domestic violence [victim status], or because  the  indi-
 vidual has opposed any practices forbidden under this article or because
 the  individual  has  filed  a  complaint,  testified or assisted in any
 proceeding under this article, regardless  of  whether  such  harassment
 would  be  considered  severe  or  pervasive  under precedent applied to
 harassment claims. Such harassment is an unlawful  discriminatory  prac-
 tice  when  it  subjects  an individual to inferior terms, conditions or
 privileges of employment because of the individual's membership  in  one
 or more of these protected categories. The fact that such individual did
 not  make  a  complaint about the harassment to such employer, licensing
 agency, employment agency or labor organization shall not be  determina-
 tive  of  whether  such employer, licensing agency, employment agency or
 labor organization shall be liable. Nothing in this section shall  imply
 that an employee must demonstrate the existence of an individual to whom
 the  employee's  treatment  must be compared. It shall be an affirmative
 defense to liability under this subdivision that the  harassing  conduct
 does  not  rise above the level of what a reasonable victim of discrimi-
 nation with the same protected characteristic or  characteristics  would
 consider petty slights or trivial inconveniences.
   §  2.  Subdivision 1-a of section 296 of the executive law, as amended
 by chapter 365 of the laws of 2015,  paragraphs  (b),  (c)  and  (d)  as
 amended by chapter 8 of the laws of 2019, is amended to read as follows:
   1-a.  It shall be an unlawful discriminatory practice for an employer,
 labor organization, employment  agency  or  any  joint  labor-management
 committee controlling apprentice training programs:
   (a)  To  select  persons for an apprentice training program registered
 with the state of New York on any basis other than their qualifications,
 as determined by objective criteria which permit review;
   (b) To deny to or withhold from any person  because  of  race,  creed,
 color,   national   origin,   sexual  orientation,  gender  identity  or
 expression, military status, sex, age, disability, familial status, [or]
 marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, the right to
 be admitted to or participate in a guidance program,  an  apprenticeship
 training   program,  on-the-job  training  program,  executive  training
 program, or other occupational training or retraining program;
   (c) To discriminate against any person in his or her pursuit  of  such
 programs  or  to discriminate against such a person in the terms, condi-
 tions or privileges of such programs  because  of  race,  creed,  color,
 national  origin,  sexual  orientation,  gender  identity or expression,
 military status, sex, age, disability,  familial  status  [or],  marital
 status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE;
 S. 8006                            63                            A. 9006
 
   (d)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for  such  programs or to make any inquiry in connection with such
 program which expresses, directly or indirectly, any  limitation,  spec-
 ification  or  discrimination as to race, creed, color, national origin,
 sexual orientation, gender identity or expression, military status, sex,
 age, disability, familial status [or], marital status, OR  STATUS  AS  A
 VICTIM  OF DOMESTIC VIOLENCE,  or any intention to make any such limita-
 tion, specification or discrimination, unless based on a bona fide occu-
 pational qualification.
   § 3. Paragraph (a) of subdivision 2 of section 296  of  the  executive
 law,  as amended by chapter 8 of the laws of 2019, is amended to read as
 follows:
   (a) It shall be an unlawful discriminatory practice  for  any  person,
 being  the  owner, lessee, proprietor, manager, superintendent, agent or
 employee of any place of  public  accommodation,  resort  or  amusement,
 because  of the race, creed, color, national origin, sexual orientation,
 gender identity or expression, military status,  sex,  disability  [or],
 marital  status,  OR  STATUS  AS  A  VICTIM OF DOMESTIC VIOLENCE, of any
 person, directly or indirectly, to refuse, withhold from or deny to such
 person any of the accommodations, advantages, facilities  or  privileges
 thereof,  including the extension of credit, or, directly or indirectly,
 to publish, circulate, issue, display,  post  or  mail  any  written  or
 printed  communication,  notice or advertisement, to the effect that any
 of the accommodations, advantages, facilities and privileges of any such
 place shall be refused, withheld from or denied to any person on account
 of race, creed, color, national origin, sexual orientation, gender iden-
 tity or expression, military status, sex, disability or marital  status,
 or  that  the patronage or custom thereat of any person of or purporting
 to be of any particular race,  creed,  color,  national  origin,  sexual
 orientation,  gender  identity  or  expression,  military status, sex or
 marital status, or having a disability is  unwelcome,  objectionable  or
 not acceptable, desired or solicited.
   §  4. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
 296 of the executive law, as amended by section 3 of part T  of  chapter
 56 of the laws of 2019, are amended to read as follows:
   (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
 hold from any person or group of  persons  such  housing  accommodations
 because  of  the race, creed, color, disability, national origin, sexual
 orientation, gender identity or expression, military status,  age,  sex,
 marital  status,  STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source
 of income or familial status of such person or persons, or to  represent
 that  any housing accommodation or land is not available for inspection,
 sale, rental or lease when in fact it is so available.
   (b) To discriminate against any person because of  his  or  her  race,
 creed,  color,  disability,  national origin, sexual orientation, gender
 identity or expression,  military  status,  age,  sex,  marital  status,
 STATUS  AS  A  VICTIM  OF  DOMESTIC VIOLENCE, lawful source of income or
 familial status in the terms, conditions or privileges of any  publicly-
 assisted  housing  accommodations  or in the furnishing of facilities or
 services in connection therewith.
   (c) To cause to be made any written or oral inquiry or record concern-
 ing the race, creed, color, disability, national origin,  sexual  orien-
 tation,  gender  identity or expression, membership in the reserve armed
 forces of the United States or in the organized militia  of  the  state,
 age,  sex,  marital  status,  STATUS  AS  A VICTIM OF DOMESTIC VIOLENCE,
 S. 8006                            64                            A. 9006
 
 lawful source of income or familial status of a person seeking  to  rent
 or lease any publicly-assisted housing accommodation; provided, however,
 that  nothing in this subdivision shall prohibit a member of the reserve
 armed  forces  of  the  United States or in the organized militia of the
 state from voluntarily disclosing such membership.
   (c-1) To print or circulate or cause to be printed or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease of such housing accommodation  or
 to  make  any  record  or  inquiry  in  connection  with the prospective
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses,  directly  or  indirectly,  any  limitation, specification or
 discrimination as to race, creed, color, national origin, sexual  orien-
 tation,  gender identity or expression, military status, sex, age, disa-
 bility, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE,  lawful
 source  of  income  or  familial  status, or any intent to make any such
 limitation, specification or discrimination.
   § 5. Subdivisions 3-b and 4 of section 296 of the  executive  law,  as
 amended  by  chapter  8 of the laws of 2019, subdivision 4 as separately
 amended by chapter 116 of the laws of  2019,  are  amended  to  read  as
 follows:
   3-b.  It  shall  be  an  unlawful discriminatory practice for any real
 estate broker, real estate salesperson or employee or agent  thereof  or
 any  other  individual, corporation, partnership or organization for the
 purpose of inducing a real estate transaction from which any such person
 or any of its stockholders or members may benefit financially, to repre-
 sent that a change has occurred or will or may occur in the  composition
 with respect to race, creed, color, national origin, sexual orientation,
 gender identity or expression, military status, sex, disability, marital
 status,  STATUS  AS A VICTIM OF DOMESTIC VIOLENCE, or familial status of
 the owners or occupants in the block, neighborhood or area in which  the
 real property is located, and to represent, directly or indirectly, that
 this change will or may result in undesirable consequences in the block,
 neighborhood  or  area  in which the real property is located, including
 but not limited to the lowering of property values, an increase in crim-
 inal or anti-social behavior, or a decline in the quality of schools  or
 other facilities.
   4.  It shall be an unlawful discriminatory practice for an educational
 institution to deny the use of its facilities to  any  person  otherwise
 qualified,  or  to permit the harassment of any student or applicant, by
 reason of his race, color, religion, disability, national origin, sexual
 orientation, gender identity or expression, military  status,  sex,  age
 [or], marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, except
 that  any  such  institution  which establishes or maintains a policy of
 educating persons of one sex exclusively may admit students of only  one
 sex.
   §  6. Subdivision 5 of section 296 of the executive law, as amended by
 chapter 8 of the laws of 2019, paragraph (a) as amended by  chapter  300
 of  the laws of 2021,  subparagraphs 1 and 2 of paragraph (c) as amended
 by section 5 and paragraph (d) as amended by section  6  of  part  T  of
 chapter 56 of the laws of 2019, is amended to read as follows:
   5.  (a) It shall be an unlawful discriminatory practice for the owner,
 lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
 having  the  right  to  sell,  rent  or  lease  a housing accommodation,
 constructed or to be constructed, or any agent or employee thereof:
   (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
 from any person or group of persons such a housing accommodation because
 S. 8006                            65                            A. 9006
 
 of the race, creed, color, national origin, sexual  orientation,  gender
 identity  or  expression, military status, sex, age, disability, marital
 status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source of income
 or  familial  status of such person or persons, or to represent that any
 housing accommodation or land is not  available  for  inspection,  sale,
 rental or lease when in fact it is so available.
   (2)  To discriminate against any person because of race, creed, color,
 national origin, sexual  orientation,  gender  identity  or  expression,
 military  status,  sex,  age,  disability,  marital  status, STATUS AS A
 VICTIM OF DOMESTIC VIOLENCE, lawful source of income or familial  status
 in  the  terms, conditions or privileges of the sale, rental or lease of
 any such housing accommodation or in the  furnishing  of  facilities  or
 services in connection therewith.
   (3)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for the purchase, rental or lease of such housing accommodation or
 to make any  record  or  inquiry  in  connection  with  the  prospective
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses, directly or  indirectly,  any  limitation,  specification  or
 discrimination  as to race, creed, color, national origin, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful
 source of income or familial status, or any  intent  to  make  any  such
 limitation, specification or discrimination.
   (4)  (i) The provisions of subparagraphs one and two of this paragraph
 shall not apply (1) to the rental of a housing accommodation in a build-
 ing which contains housing accommodations for not more than two families
 living independently of each other, if the owner resides in one of  such
 housing  accommodations,  (2)  to  the  restriction of the rental of all
 rooms in a housing accommodation to individuals of the same sex  or  (3)
 to  the  rental  of  a room or rooms in a housing accommodation, if such
 rental is by the occupant of the housing accommodation or by  the  owner
 of  the  housing  accommodation  and  the  owner resides in such housing
 accommodation or (4) solely with respect to age and familial  status  to
 the  restriction  of the sale, rental or lease of housing accommodations
 exclusively to persons sixty-two years of age or older and the spouse of
 any such person, or for housing intended and operated for  occupancy  by
 at least one person fifty-five years of age or older per unit. In deter-
 mining whether housing is intended and operated for occupancy by persons
 fifty-five  years  of age or older, Sec. 807(b) (2) (c) (42 U.S.C.  3607
 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,  shall
 apply.  However, such rental property shall no longer be exempt from the
 provisions of subparagraphs one and two of this paragraph  if  there  is
 unlawful  discriminatory  conduct pursuant to subparagraph three of this
 paragraph.
   (ii) The provisions of subparagraphs one, two, and three of this para-
 graph shall not apply (1) to the restriction of the rental of all  rooms
 in  a  housing  accommodation to individuals of the same sex, (2) to the
 rental of a room or rooms in a housing accommodation, if such rental  is
 by  the  occupant  of  the  housing accommodation or by the owner of the
 housing accommodation and the owner resides  in  such  housing  accommo-
 dation,  or  (3)  solely  with respect to age and familial status to the
 restriction of the sale,  rental  or  lease  of  housing  accommodations
 exclusively to persons sixty-two years of age or older and the spouse of
 any  such  person, or for housing intended and operated for occupancy by
 at least one person fifty-five years of age or older per unit. In deter-
 S. 8006                            66                            A. 9006
 
 mining whether housing is intended and operated for occupancy by persons
 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.    3607
 (b)  (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
 apply.
   (b)  It  shall  be  an unlawful discriminatory practice for the owner,
 lessee, sub-lessee, or managing agent of, or  other  person  having  the
 right of ownership or possession of or the right to sell, rent or lease,
 land or commercial space:
   (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
 from any person or group of persons land or commercial space because  of
 the  race,  creed,  color,  national  origin, sexual orientation, gender
 identity or expression, military status, sex, age,  disability,  marital
 status,  STATUS  AS A VICTIM OF DOMESTIC VIOLENCE, or familial status of
 such person or persons, or to represent that any  housing  accommodation
 or  land  is not available for inspection, sale, rental or lease when in
 fact it is so available;
   (2) To discriminate against any person because of race, creed,  color,
 national  origin,  sexual  orientation,  gender  identity or expression,
 military status, sex, age,  disability,  marital  status,  STATUS  AS  A
 VICTIM OF DOMESTIC VIOLENCE, or familial status in the terms, conditions
 or  privileges  of the sale, rental or lease of any such land or commer-
 cial space; or in the furnishing of facilities or services in connection
 therewith;
   (3) To print or circulate or cause to be  printed  or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease of such land or commercial  space
 or  to  make  any  record  or inquiry in connection with the prospective
 purchase, rental or  lease  of  such  land  or  commercial  space  which
 expresses,  directly  or  indirectly,  any  limitation, specification or
 discrimination as to race, creed, color, national origin, sexual  orien-
 tation,  gender identity or expression, military status, sex, age, disa-
 bility, marital status, STATUS AS A  VICTIM  OF  DOMESTIC  VIOLENCE,  or
 familial  status;  or any intent to make any such limitation, specifica-
 tion or discrimination.
   (4) With respect to age and familial status, the  provisions  of  this
 paragraph  shall  not  apply  to  the restriction of the sale, rental or
 lease of land or commercial  space  exclusively  to  persons  fifty-five
 years  of  age  or  older  and  the spouse of any such person, or to the
 restriction of the sale, rental or lease of land  to  be  used  for  the
 construction,  or  location  of  housing  accommodations exclusively for
 persons sixty-two years of age or older, or intended  and  operated  for
 occupancy  by  at  least one person fifty-five years of age or older per
 unit. In determining whether housing is intended and operated for  occu-
 pancy  by  persons fifty-five years of age or older, Sec. 807(b) (2) (c)
 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988,  as
 amended, shall apply.
   (c)  It  shall  be  an  unlawful  discriminatory practice for any real
 estate broker, real estate salesperson or employee or agent thereof:
   (1) To refuse to sell, rent or lease any housing  accommodation,  land
 or  commercial  space  to any person or group of persons or to refuse to
 negotiate for the sale, rental or lease, of any  housing  accommodation,
 land  or  commercial  space to any person or group of persons because of
 the race, creed, color,  national  origin,  sexual  orientation,  gender
 identity  or  expression, military status, sex, age, disability, marital
 status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source of income
 or familial status of such person or persons, or to represent  that  any
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 housing  accommodation,  land  or  commercial space is not available for
 inspection, sale, rental or lease when in fact it is  so  available,  or
 otherwise to deny or withhold any housing accommodation, land or commer-
 cial  space  or  any  facilities  of  any housing accommodation, land or
 commercial space from any person or group  of  persons  because  of  the
 race, creed, color, national origin, sexual orientation, gender identity
 or  expression,  military  status, sex, age, disability, marital status,
 lawful source of income or familial status of such person or persons.
   (2) To print or circulate or cause to be  printed  or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease  of  any  housing  accommodation,
 land  or commercial space or to make any record or inquiry in connection
 with the prospective purchase, rental or lease of any  housing  accommo-
 dation,  land or commercial space which expresses, directly or indirect-
 ly, any limitation, specification, or discrimination as to race,  creed,
 color,   national   origin,   sexual  orientation,  gender  identity  or
 expression, military  status,  sex,  age,  disability,  marital  status,
 STATUS  AS  A  VICTIM  OF  DOMESTIC VIOLENCE, lawful source of income or
 familial status; or any intent to make any such  limitation,  specifica-
 tion or discrimination.
   (3)  With  respect  to age and familial status, the provisions of this
 paragraph shall not apply to the restriction  of  the  sale,  rental  or
 lease of any housing accommodation, land or commercial space exclusively
 to  persons  fifty-five years of age or older and the spouse of any such
 person, or to the restriction of the sale, rental or lease of any  hous-
 ing accommodation or land to be used for the construction or location of
 housing  accommodations  for persons sixty-two years of age or older, or
 intended and operated for occupancy by at least  one  person  fifty-five
 years  of  age  or  older  per  unit.  In determining whether housing is
 intended and operated for occupancy by persons fifty-five years  of  age
 or  older,  Sec.  807  (b)  (2)  (c) (42 U.S.C. 3607 (b) (2) (c)) of the
 federal Fair Housing Act of 1988, as amended, shall apply.
   (d) It shall be an  unlawful  discriminatory  practice  for  any  real
 estate board, because of the race, creed, color, national origin, sexual
 orientation,  gender  identity or expression, military status, age, sex,
 disability, marital status, STATUS AS A  VICTIM  OF  DOMESTIC  VIOLENCE,
 lawful  source  of  income  or  familial status of any individual who is
 otherwise qualified for membership, to exclude or expel such  individual
 from  membership,  or  to  discriminate  against  such individual in the
 terms, conditions and privileges of membership in such board.
   (e) It shall be an unlawful discriminatory  practice  for  the  owner,
 proprietor  or  managing  agent  of, or other person having the right to
 provide care and services in, a private proprietary nursing home, conva-
 lescent home, or home for adults, or an intermediate care  facility,  as
 defined   in   section  two  of  the  social  services  law,  heretofore
 constructed, or to be constructed, or any agent or employee thereof,  to
 refuse  to  provide  services  and  care in such home or facility to any
 individual or to discriminate  against  any  individual  in  the  terms,
 conditions, and privileges of such services and care solely because such
 individual  is  a blind person. For purposes of this paragraph, a "blind
 person" shall mean a person who is registered as a blind person with the
 commission for the visually handicapped and who meets the definition  of
 a  "blind  person"  pursuant  to  section  three of chapter four hundred
 fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
 establish a state commission for improving the condition of the blind of
 the state of New York, and making an appropriation therefor".
 S. 8006                            68                            A. 9006
 
   (f)  The  provisions of this subdivision, as they relate to age, shall
 not apply to persons under the age of eighteen years.
   (g)  It  shall  be  an unlawful discriminatory practice for any person
 offering or providing housing accommodations, land or  commercial  space
 as described in paragraphs (a), (b), and (c) of this subdivision to make
 or  cause  to  be  made any written or oral inquiry or record concerning
 membership of any person in the state organized militia in  relation  to
 the  purchase,  rental  or lease of such housing accommodation, land, or
 commercial space, provided, however, that nothing  in  this  subdivision
 shall  prohibit a member of the state organized militia from voluntarily
 disclosing such membership.
   § 7. Paragraph (a) of subdivision 9 of section 296  of  the  executive
 law,  as amended by chapter 8 of the laws of 2019, is amended to read as
 follows:
   (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
 department or fire company therein, through any member or members there-
 of, officers, board of fire commissioners or other body or office having
 power  of appointment of volunteer firefighters, directly or indirectly,
 by ritualistic practice, constitutional or by-law prescription, by tacit
 agreement among its members, or otherwise, to  deny  to  any  individual
 membership  in any volunteer fire department or fire company therein, or
 to expel or discriminate against any volunteer member of a fire  depart-
 ment  or  fire  company  therein,  because  of  the  race, creed, color,
 national origin, sexual  orientation,  gender  identity  or  expression,
 military  status,  sex,  marital  status, STATUS AS A VICTIM OF DOMESTIC
 VIOLENCE, or familial status, of such individual.
   § 8. Subdivision 13 of section 296 of the executive law, as amended by
 chapter 8 of the laws of 2019, is amended to read as follows:
   13. It shall be an unlawful discriminatory practice (i) for any person
 to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
 with, or otherwise discriminate against any person, because of the race,
 creed,  color,  national  origin, sexual orientation, gender identity or
 expression, military  status,  sex,  STATUS  AS  A  VICTIM  OF  DOMESTIC
 VIOLENCE,  disability, or familial status, or of such person, or of such
 person's partners, members, stockholders, directors, officers, managers,
 superintendents, agents, employees, business  associates,  suppliers  or
 customers, or (ii) for any person wilfully to do any act or refrain from
 doing  any  act  which enables any such person to take such action. This
 subdivision shall not apply to:
   (a) Boycotts connected with labor disputes; or
   (b) Boycotts to protest unlawful discriminatory practices.
   § 9. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as
 amended by chapter 8 of the  laws  of  2019,  are  amended  to  read  as
 follows:
   1. It shall be an unlawful discriminatory practice for any creditor or
 any officer, agent or employee thereof:
   a.  In  the  case  of  applications  for  credit  with  respect to the
 purchase, acquisition, construction, rehabilitation, repair  or  mainte-
 nance of any housing accommodation, land or commercial space to discrim-
 inate  against  any  such  applicant  because of the race, creed, color,
 national origin, sexual  orientation,  gender  identity  or  expression,
 military  status, age, sex, marital status, STATUS AS A VICTIM OF DOMES-
 TIC VIOLENCE, disability, or familial status of such applicant or appli-
 cants or any member, stockholder, director, officer or employee of  such
 applicant  or  applicants, or of the prospective occupants or tenants of
 such housing accommodation, land or commercial space, in  the  granting,
 S. 8006                            69                            A. 9006
 
 withholding, extending or renewing, or in the fixing of the rates, terms
 or conditions of, any such credit;
   b.  To  discriminate in the granting, withholding, extending or renew-
 ing, or in the fixing of the rates, terms or conditions of, any form  of
 credit,  on  the  basis  of  race, creed, color, national origin, sexual
 orientation, gender identity or expression, military status,  age,  sex,
 marital  status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, disability, or
 familial status;
   c. To use any form of application for credit or use or make any record
 or inquiry which expresses,  directly  or  indirectly,  any  limitation,
 specification,  or  discrimination  as  to  race, creed, color, national
 origin, sexual orientation,  gender  identity  or  expression,  military
 status,  age,  sex,  marital  status,  STATUS  AS  A  VICTIM OF DOMESTIC
 VIOLENCE, disability, or familial status;
   d. To make any inquiry of an applicant concerning his or her  capacity
 to reproduce, or his or her use or advocacy of any form of birth control
 or family planning;
   e.  To  refuse  to  consider  sources  of  an applicant's income or to
 subject an applicant's income to  discounting,  in  whole  or  in  part,
 because  of  an  applicant's race, creed, color, national origin, sexual
 orientation, gender identity or expression, military status,  age,  sex,
 marital  status,  STATUS  AS A VICTIM OF DOMESTIC VIOLENCE, childbearing
 potential, disability, or familial status;
   f. To discriminate  against  a  married  person  because  such  person
 neither uses nor is known by the surname of his or her spouse.
   This  paragraph  shall  not  apply to any situation where the use of a
 surname would constitute or result in a criminal act.
   2. Without limiting the generality of subdivision one of this section,
 it shall be considered discriminatory if, because of an  applicant's  or
 class  of applicants' race, creed, color, national origin, sexual orien-
 tation, gender identity or expression, military status, age, sex,  mari-
 tal  status  [or] , STATUS AS A VICTIM OF DOMESTIC VIOLENCE, disability,
 or familial status, (i) an applicant or class of  applicants  is  denied
 credit  in  circumstances  where other applicants of like overall credit
 worthiness are granted credit, or (ii) special  requirements  or  condi-
 tions, such as requiring co-obligors or reapplication upon marriage, are
 imposed  upon an applicant or class of applicants in circumstances where
 similar requirements or conditions are not imposed upon other applicants
 of like overall credit worthiness.
   3. It shall not  be  considered  discriminatory  if  credit  differen-
 tiations  or  decisions  are based upon factually supportable, objective
 differences in applicants' overall credit worthiness, which may  include
 reference  to  such  factors  as current income, assets and prior credit
 history of such applicants, as well as reference to any  other  relevant
 factually  supportable  data;  provided, however, that no creditor shall
 consider, in evaluating the credit worthiness of an applicant, aggregate
 statistics or assumptions  relating  to  race,  creed,  color,  national
 origin,  sexual  orientation,  gender  identity  or expression, military
 status, sex, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE  or
 disability,  or  to  the  likelihood  of any group of persons bearing or
 rearing children, or for that reason receiving diminished or interrupted
 income in the future.
   § 10. Subdivision 2 of section 296-c of the executive law, as added by
 chapter 97 of the laws of 2014, is amended to read as follows:
   2. It shall be an unlawful discriminatory practice for an employer to:
 S. 8006                            70                            A. 9006
 
   a. refuse to hire or employ or to bar or to discharge from  internship
 an intern or to discriminate against such intern in terms, conditions or
 privileges of employment as an intern because of the intern's age, race,
 creed, color, national origin, sexual orientation, military status, sex,
 disability,  predisposing  genetic  characteristics,  marital status, or
 STATUS AS A VICTIM OF domestic violence [victim status];
   b. discriminate against an intern in receiving, classifying, disposing
 or otherwise acting upon applications for  internships  because  of  the
 intern's  age,  race, creed, color, national origin, sexual orientation,
 military status, sex, disability, predisposing genetic  characteristics,
 marital  status,  or  STATUS  AS  A  VICTIM OF domestic violence [victim
 status];
   c. print or circulate or cause to be printed or circulated any  state-
 ment,  advertisement  or  publication, or to use any form of application
 for employment as an intern or to make any inquiry  in  connection  with
 prospective  employment,  which  expresses  directly  or indirectly, any
 limitation, specification or discrimination  as  to  age,  race,  creed,
 color,  national origin, sexual orientation, military status, sex, disa-
 bility, predisposing genetic characteristics, marital status  or  STATUS
 AS  A VICTIM OF domestic violence [victim status], or any intent to make
 any such limitation, specification or discrimination, unless based  upon
 a  bona fide occupational qualification; provided, however, that neither
 this paragraph nor any provision of this chapter or other law  shall  be
 construed  to prohibit the department of civil service or the department
 of personnel of any city containing more than one county from requesting
 information from applicants for civil service  internships  or  examina-
 tions  concerning  any of the aforementioned characteristics, other than
 sexual orientation, for the purpose of conducting  studies  to  identify
 and  resolve  possible problems in recruitment and testing of members of
 minority groups to insure the fairest possible and  equal  opportunities
 for  employment in the civil service for all persons, regardless of age,
 race,  creed,  color,  national  origin,  sexual  orientation,  military
 status,  sex,  disability, predisposing genetic characteristics, marital
 status or STATUS AS A VICTIM OF domestic violence [victim status];
   d. to discharge, expel or otherwise discriminate  against  any  person
 because he or she has opposed any practices forbidden under this article
 or because he or she has filed a complaint, testified or assisted in any
 proceeding under this article; or
   e.  to  compel  an  intern who is pregnant to take a leave of absence,
 unless the intern is prevented by such  pregnancy  from  performing  the
 activities involved in the job or occupation in a reasonable manner.
   §  11.  Paragraph b of subdivision 3 of section 296-c of the executive
 law, as added by chapter 97 of the laws of 2014, is amended to  read  as
 follows:
   b.  subject an intern to unwelcome harassment based on age, sex, race,
 creed, color, sexual orientation, military status,  disability,  predis-
 posing  genetic  characteristics,  marital status, STATUS AS A VICTIM OF
 domestic violence [victim status], [or] national origin, OR  where  such
 harassment  has  the  purpose or effect of unreasonably interfering with
 the intern's work performance by creating an intimidating,  hostile,  or
 offensive working environment.
   § 12. This act shall take effect immediately.
 
                                  PART Y
 S. 8006                            71                            A. 9006
 
   Section  1.  Subdivision  37  of  section 292 of the executive law, as
 added by chapter 160 of the laws of 2019, is renumbered  subdivision  40
 and a new subdivision 41 is added to read as follows:
   41. THE TERM "CITIZENSHIP OR IMMIGRATION STATUS" MEANS THE CITIZENSHIP
 OF ANY PERSON OR THE IMMIGRATION STATUS OF ANY PERSON WHO IS NOT A CITI-
 ZEN OF THE UNITED STATES. NOTHING IN THIS ARTICLE SHALL PRECLUDE VERIFI-
 CATION  OF  CITIZENSHIP OR IMMIGRATION STATUS WHERE REQUIRED BY LAW, NOR
 SHALL AN ADVERSE ACTION BASED ON VERIFICATION OF  CITIZENSHIP  OR  IMMI-
 GRATION  STATUS BE PROHIBITED WHERE SUCH ADVERSE ACTION  IS  REQUIRED BY
 LAW.
   § 2. Subdivision 1 of section 296 of the executive law, as amended  by
 chapter 365 of the laws of 2015, paragraph (a) as separately amended  by
 chapters  8  and 176 of the laws of 2019, paragraphs (b), (c) and (d) as
 amended by chapter 8 of the laws of 2019 and paragraph (h) as amended by
 chapter 161 of the laws of 2019, is amended to read as follows:
   1. It shall be an unlawful discriminatory practice:
   (a) For an employer or licensing agency, because  of  an  individual's
 age,  race,  creed,  color,  national origin, CITIZENSHIP OR IMMIGRATION
 STATUS, sexual orientation,  gender  identity  or  expression,  military
 status,  sex, disability, predisposing genetic characteristics, familial
 status, marital status, or status as a victim of domestic  violence,  to
 refuse  to hire or employ or to bar or to discharge from employment such
 individual or to discriminate against such individual in compensation or
 in terms, conditions or privileges of employment.
   (b) For an employment agency to discriminate  against  any  individual
 because  of  age,  race,  creed,  color, national origin, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, gender identity  or  expression,
 military  status, sex, disability, predisposing genetic characteristics,
 familial status, or marital status, in receiving, classifying, disposing
 or otherwise acting upon applications for its services or  in  referring
 an applicant or applicants to an employer or employers.
   (c)  For a labor organization, because of the age, race, creed, color,
 national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual  orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing  genetic  characteristics,  familial status, or marital status of
 any individual, to exclude or to expel from its membership such individ-
 ual or to discriminate in any way against any of its members or  against
 any employer or any individual employed by an employer.
   (d)  For  any  employer  or employment agency to print or circulate or
 cause to be printed or circulated any statement, advertisement or publi-
 cation, or to use any form of application for employment or to make  any
 inquiry  in  connection  with  prospective  employment,  which expresses
 directly or indirectly, any limitation, specification or  discrimination
 as  to  age,  race,  creed, color, national origin, CITIZENSHIP OR IMMI-
 GRATION STATUS, sexual orientation, gender identity or expression, mili-
 tary status,  sex,  disability,  predisposing  genetic  characteristics,
 familial status, or marital status, or any intent to make any such limi-
 tation,  specification  or discrimination, unless based upon a bona fide
 occupational qualification; provided, however, that neither  this  para-
 graph  nor any provision of this chapter or other law shall be construed
 to prohibit the department of civil service or the department of person-
 nel of any city containing more than one county from requesting informa-
 tion from applicants for civil service examinations  concerning  any  of
 the  aforementioned  characteristics, other than sexual orientation, for
 the purpose of conducting studies to identify and resolve possible prob-
 lems in recruitment and testing of members of minority groups to  insure
 S. 8006                            72                            A. 9006
 
 the fairest possible and equal opportunities for employment in the civil
 service for all persons, regardless of age, race, creed, color, national
 origin,  CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation or gender
 identity  or  expression, military status, sex, disability, predisposing
 genetic characteristics, familial status, or marital status.
   (e) For any employer,  labor  organization  or  employment  agency  to
 discharge, expel or otherwise discriminate against any person because he
 or she has opposed any practices forbidden under this article or because
 he or she has filed a complaint, testified or assisted in any proceeding
 under this article.
   (f) Nothing in this subdivision shall affect any restrictions upon the
 activities  of  persons  licensed  by  the  state  liquor authority with
 respect to persons under twenty-one years of age.
   (g) For an employer to compel an employee who is pregnant  to  take  a
 leave  of  absence,  unless  the employee is prevented by such pregnancy
 from performing the activities involved in the job or  occupation  in  a
 reasonable manner.
   (h)  For  an  employer,  licensing  agency, employment agency or labor
 organization to subject any individual to harassment because of an indi-
 vidual's age, race, creed, color, national origin, CITIZENSHIP OR  IMMI-
 GRATION STATUS, sexual orientation, gender identity or expression, mili-
 tary  status,  sex,  disability,  predisposing  genetic characteristics,
 familial status, marital status, domestic  violence  victim  status,  or
 because  the  individual  has opposed any practices forbidden under this
 article or because the individual has filed a  complaint,  testified  or
 assisted  in  any  proceeding  under this article, regardless of whether
 such harassment would be considered severe or pervasive under  precedent
 applied to harassment claims. Such harassment is an unlawful discrimina-
 tory  practice  when it subjects an individual to inferior terms, condi-
 tions or privileges of employment because of the individual's membership
 in one or more of these protected categories. The fact that  such  indi-
 vidual  did  not make a complaint about the harassment to such employer,
 licensing agency, employment agency or labor organization shall  not  be
 determinative  of  whether  such  employer, licensing agency, employment
 agency or labor organization shall be liable. Nothing  in  this  section
 shall  imply that an employee must demonstrate the existence of an indi-
 vidual to whom the employee's treatment must be compared. It shall be an
 affirmative defense to liability under this subdivision that the harass-
 ing conduct does not rise above the level of what a reasonable victim of
 discrimination with the same protected characteristic or characteristics
 would consider petty slights or trivial inconveniences.
   § 3. Subdivision 1-a of section 296 of the executive law,  as  amended
 by  chapter  365  of  the  laws  of 2015, paragraphs (b), (c) and (d) as
 amended by chapter 8 of the laws of 2019, is amended to read as follows:
   1-a. It shall be an unlawful discriminatory practice for an  employer,
 labor  organization,  employment  agency  or  any joint labor-management
 committee controlling apprentice training programs:
   (a) To select persons for an apprentice  training  program  registered
 with the state of New York on any basis other than their qualifications,
 as determined by objective criteria which permit review;
   (b)  To  deny  to  or withhold from any person because of race, creed,
 color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  familial status, or marital status, the right to be admitted to
 or  participate  in  a  guidance  program,  an  apprenticeship  training
 S. 8006                            73                            A. 9006
 
 program,  on-the-job  training  program,  executive training program, or
 other occupational training or retraining program;
   (c)  To  discriminate against any person in his or her pursuit of such
 programs or to discriminate against such a person in the  terms,  condi-
 tions  or  privileges  of  such  programs because of race, creed, color,
 national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual  orientation,
 gender  identity  or  expression, military status, sex, age, disability,
 familial status or marital status;
   (d) To print or circulate or cause to be  printed  or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for such programs or to make any inquiry in  connection  with  such
 program  which  expresses, directly or indirectly, any limitation, spec-
 ification or discrimination as to race, creed, color,  national  origin,
 CITIZENSHIP  OR  IMMIGRATION STATUS, sexual orientation, gender identity
 or expression, military status, sex, age, disability, familial status or
 marital status, or any intention to make any such limitation, specifica-
 tion or discrimination, unless based on a bona fide occupational  quali-
 fication.
   §  4.  Paragraph  (a) of subdivision 2 of section 296 of the executive
 law, as amended by chapter 8 of the laws of 2019, is amended to read  as
 follows:
   (a)  It  shall  be an unlawful discriminatory practice for any person,
 being the owner, lessee, proprietor, manager, superintendent,  agent  or
 employee  of  any  place  of  public accommodation, resort or amusement,
 because of the race, creed, color, national origin, CITIZENSHIP OR IMMI-
 GRATION STATUS, sexual orientation, gender identity or expression, mili-
 tary status, sex, disability or marital status of any  person,  directly
 or  indirectly,  to  refuse, withhold from or deny to such person any of
 the  accommodations,  advantages,  facilities  or  privileges   thereof,
 including  the  extension  of  credit,  or,  directly  or indirectly, to
 publish, circulate, issue, display, post or mail any written or  printed
 communication,  notice  or  advertisement, to the effect that any of the
 accommodations, advantages, facilities and privileges of any such  place
 shall  be  refused,  withheld from or denied to any person on account of
 race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION  STATUS,
 sexual orientation, gender identity or expression, military status, sex,
 disability or marital status, or that the patronage or custom thereat of
 any  person of or purporting to be of any particular race, creed, color,
 national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual  orientation,
 gender  identity  or expression, military status, sex or marital status,
 or having a disability is unwelcome, objectionable  or  not  acceptable,
 desired or solicited.
   §  5. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
 296 of the executive law, as amended by section 3 of part T  of  chapter
 56 of the laws of 2019, are amended to read as follows:
   (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
 hold from any person or group of  persons  such  housing  accommodations
 because of the race, creed, color, disability, national origin, CITIZEN-
 SHIP  OR  IMMIGRATION  STATUS,  sexual  orientation,  gender identity or
 expression, military status, age, sex, marital status, lawful source  of
 income  or  familial  status  of such person or persons, or to represent
 that any housing accommodation or land is not available for  inspection,
 sale, rental or lease when in fact it is so available.
   (b)  To  discriminate  against  any person because of his or her race,
 creed, color, disability, national origin,  CITIZENSHIP  OR  IMMIGRATION
 STATUS,  sexual  orientation,  gender  identity  or expression, military
 S. 8006                            74                            A. 9006
 
 status, age, sex, marital status, lawful source of  income  or  familial
 status  in  the terms, conditions or privileges of any publicly-assisted
 housing accommodations or in the furnishing of facilities or services in
 connection therewith.
   (c) To cause to be made any written or oral inquiry or record concern-
 ing  the race, creed, color, disability, national origin, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, gender identity  or  expression,
 membership  in  the  reserve armed forces of the United States or in the
 organized militia of the state, age, sex, marital status, lawful  source
 of  income  or  familial status of a person seeking to rent or lease any
 publicly-assisted housing accommodation; provided, however, that nothing
 in this subdivision shall prohibit a member of the reserve armed  forces
 of  the  United  States  or  in  the organized militia of the state from
 voluntarily disclosing such membership.
   (c-1) To print or circulate or cause to be printed or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease of such housing accommodation  or
 to  make  any  record  or  inquiry  in  connection  with the prospective
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses,  directly  or  indirectly,  any  limitation, specification or
 discrimination as to race, creed, color, national origin, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, gender identity  or  expression,
 military  status, sex, age, disability, marital status, lawful source of
 income or familial status, or any intent to make  any  such  limitation,
 specification or discrimination.
   §  6.  Paragraph (c) of subdivision 3  of section 296 of the executive
 law, as added by chapter 369 of the laws of 2015,  is  relettered  para-
 graph (d).
   §  7.  Subdivisions  3-b  and  4  of section 296 of the executive law,
 subdivision 3-b as amended by chapter 8 of the laws of 2019 and subdivi-
 sion 4 as separately amended by chapters 8 and 116 of the laws of  2019,
 are amended to read as follows:
   3-b.  It  shall  be  an  unlawful discriminatory practice for any real
 estate broker, real estate salesperson or employee or agent  thereof  or
 any  other  individual, corporation, partnership or organization for the
 purpose of inducing a real estate transaction from which any such person
 or any of its stockholders or members may benefit financially, to repre-
 sent that a change has occurred or will or may occur in the  composition
 with  respect  to  race,  creed,  color, national origin, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, gender identity  or  expression,
 military  status, sex, disability, marital status, or familial status of
 the owners or occupants in the block, neighborhood or area in which  the
 real property is located, and to represent, directly or indirectly, that
 this change will or may result in undesirable consequences in the block,
 neighborhood  or  area  in which the real property is located, including
 but not limited to the lowering of property values, an increase in crim-
 inal or anti-social behavior, or a decline in the quality of schools  or
 other facilities.
   4.  It shall be an unlawful discriminatory practice for an educational
 institution to deny the use of its facilities to  any  person  otherwise
 qualified,  or  to permit the harassment of any student or applicant, by
 reason of his race, color, religion, disability, national origin,  CITI-
 ZENSHIP  OR  IMMIGRATION  STATUS, sexual orientation, gender identity or
 expression, military status, sex, age or marital status, except that any
 such institution which establishes or maintains a  policy  of  educating
 persons of one sex exclusively may admit students of only one sex.
 S. 8006                            75                            A. 9006
 
   §  8. Subdivision 5 of section 296 of the executive law, as amended by
 chapter 8 of the laws of 2019, paragraph (a) as amended by  chapter  300
 of  the laws of 2021,  subparagraphs 1 and 2 of paragraph (c) as amended
 by section 5, and paragraph (d) as amended by section 6 of part    T  of
 chapter 56 of the laws of 2019, is amended to read as follows:
   5.  (a) It shall be an unlawful discriminatory practice for the owner,
 lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
 having  the  right  to  sell,  rent  or  lease  a housing accommodation,
 constructed or to be constructed, or any agent or employee thereof:
   (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
 from any person or group of persons such a housing accommodation because
 of the race, creed, color, national origin, CITIZENSHIP  OR  IMMIGRATION
 STATUS,  sexual  orientation,  gender  identity  or expression, military
 status, sex, age, disability, marital status, lawful source of income or
 familial status of such person or persons,  or  to  represent  that  any
 housing  accommodation  or  land  is not available for inspection, sale,
 rental or lease when in fact it is so available.
   (2) To discriminate against any person because of race, creed,  color,
 national  origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity or expression, military status,  sex,  age,  disability,
 marital status, lawful source of income or familial status in the terms,
 conditions  or privileges of the sale, rental or lease of any such hous-
 ing accommodation or in the furnishing  of  facilities  or  services  in
 connection therewith.
   (3)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for the purchase, rental or lease of such housing accommodation or
 to make any  record  or  inquiry  in  connection  with  the  prospective
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses, directly or  indirectly,  any  limitation,  specification  or
 discrimination as to race, creed, color, national origin, CITIZENSHIP OR
 IMMIGRATION  STATUS,  sexual orientation, gender identity or expression,
 military status, sex, age, disability, marital status, lawful source  of
 income  or  familial  status, or any intent to make any such limitation,
 specification or discrimination.
   (4) (i) The provisions of subparagraphs one and two of this  paragraph
 shall not apply (1) to the rental of a housing accommodation in a build-
 ing which contains housing accommodations for not more than two families
 living  independently of each other, if the owner resides in one of such
 housing accommodations, (2) to the restriction  of  the  rental  of  all
 rooms  in  a housing accommodation to individuals of the same sex or (3)
 to the rental of a room or rooms in a  housing  accommodation,  if  such
 rental  is  by the occupant of the housing accommodation or by the owner
 of the housing accommodation and  the  owner  resides  in  such  housing
 accommodation  or  (4) solely with respect to age and familial status to
 the restriction of the sale, rental or lease of  housing  accommodations
 exclusively to persons sixty-two years of age or older and the spouse of
 any  such  person, or for housing intended and operated for occupancy by
 at least one person fifty-five years of age or older per unit. In deter-
 mining whether housing is intended and operated for occupancy by persons
 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.    3607
 (b)  (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
 apply. However, such rental property shall no longer be exempt from  the
 provisions  of  subparagraphs  one and two of this paragraph if there is
 unlawful discriminatory conduct pursuant to subparagraph three  of  this
 paragraph.
 S. 8006                            76                            A. 9006

   (ii) The provisions of subparagraphs one, two, and three of this para-
 graph  shall not apply (1) to the restriction of the rental of all rooms
 in a housing accommodation to individuals of the same sex,  (2)  to  the
 rental  of a room or rooms in a housing accommodation, if such rental is
 by  the  occupant  of  the  housing accommodation or by the owner of the
 housing accommodation and the owner resides  in  such  housing  accommo-
 dation,  or  (3)  solely  with respect to age and familial status to the
 restriction of the sale,  rental  or  lease  of  housing  accommodations
 exclusively to persons sixty-two years of age or older and the spouse of
 any  such  person, or for housing intended and operated for occupancy by
 at least one person fifty-five years of age or older per unit. In deter-
 mining whether housing is intended and operated for occupancy by persons
 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.    3607
 (b)  (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
 apply.
   (b) It shall be an unlawful discriminatory  practice  for  the  owner,
 lessee,  sub-lessee,  or  managing  agent of, or other person having the
 right of ownership or possession of or the right to sell, rent or lease,
 land or commercial space:
   (1) To refuse to sell, rent, lease or otherwise deny  to  or  withhold
 from  any person or group of persons land or commercial space because of
 the race, creed, color,  national  origin,  CITIZENSHIP  OR  IMMIGRATION
 STATUS,  sexual  orientation,  gender  identity  or expression, military
 status, sex, age, disability, marital status, or familial status of such
 person or persons, or to represent that  any  housing  accommodation  or
 land is not available for inspection, sale, rental or lease when in fact
 it is so available;
   (2)  To discriminate against any person because of race, creed, color,
 national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual  orientation,
 gender  identity  or  expression, military status, sex, age, disability,
 marital status, or familial status in the terms,  conditions  or  privi-
 leges of the sale, rental or lease of any such land or commercial space;
 or in the furnishing of facilities or services in connection therewith;
   (3)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for the purchase, rental or lease of such land or commercial space
 or to make any record or inquiry  in  connection  with  the  prospective
 purchase,  rental  or  lease  of  such  land  or  commercial space which
 expresses, directly or  indirectly,  any  limitation,  specification  or
 discrimination as to race, creed, color, national origin, CITIZENSHIP OR
 IMMIGRATION  STATUS,  sexual orientation, gender identity or expression,
 military status, sex,  age,  disability,  marital  status,  or  familial
 status;  or  any  intent  to  make any such limitation, specification or
 discrimination.
   (4) With respect to age and familial status, the  provisions  of  this
 paragraph  shall  not  apply  to  the restriction of the sale, rental or
 lease of land or commercial  space  exclusively  to  persons  fifty-five
 years  of  age  or  older  and  the spouse of any such person, or to the
 restriction of the sale, rental or lease of land  to  be  used  for  the
 construction,  or  location  of  housing  accommodations exclusively for
 persons sixty-two years of age or older, or intended  and  operated  for
 occupancy  by  at  least one person fifty-five years of age or older per
 unit. In determining whether housing is intended and operated for  occu-
 pancy  by  persons fifty-five years of age or older, Sec. 807(b) (2) (c)
 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988,  as
 amended, shall apply.
 S. 8006                            77                            A. 9006
 
   (c)  It  shall  be  an  unlawful  discriminatory practice for any real
 estate broker, real estate salesperson or employee or agent thereof:
   (1)  To  refuse to sell, rent or lease any housing accommodation, land
 or commercial space to any person or group of persons or  to  refuse  to
 negotiate  for  the sale, rental or lease, of any housing accommodation,
 land or commercial space to any person or group of  persons  because  of
 the  race,  creed,  color,  national  origin, CITIZENSHIP OR IMMIGRATION
 STATUS, sexual orientation,  gender  identity  or  expression,  military
 status, sex, age, disability, marital status, lawful source of income or
 familial  status  of  such  person  or persons, or to represent that any
 housing accommodation, land or commercial space  is  not  available  for
 inspection,  sale,  rental  or lease when in fact it is so available, or
 otherwise to deny or withhold any housing accommodation, land or commer-
 cial space or any facilities  of  any  housing  accommodation,  land  or
 commercial  space  from  any  person  or group of persons because of the
 race, creed, color, national origin, CITIZENSHIP OR IMMIGRATION  STATUS,
 sexual orientation, gender identity or expression, military status, sex,
 age,  disability,  marital  status,  lawful source of income or familial
 status of such person or persons.
   (2) To print or circulate or cause to be  printed  or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease  of  any  housing  accommodation,
 land  or commercial space or to make any record or inquiry in connection
 with the prospective purchase, rental or lease of any  housing  accommo-
 dation,  land or commercial space which expresses, directly or indirect-
 ly, any limitation, specification, or discrimination as to race,  creed,
 color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
 tation,  gender identity or expression, military status, sex, age, disa-
 bility, marital status, lawful source of income or familial  status;  or
 any intent to make any such limitation, specification or discrimination.
   (3)  With  respect  to age and familial status, the provisions of this
 paragraph shall not apply to the restriction  of  the  sale,  rental  or
 lease of any housing accommodation, land or commercial space exclusively
 to  persons  fifty-five years of age or older and the spouse of any such
 person, or to the restriction of the sale, rental or lease of any  hous-
 ing accommodation or land to be used for the construction or location of
 housing  accommodations  for persons sixty-two years of age or older, or
 intended and operated for occupancy by at least  one  person  fifty-five
 years  of  age  or  older  per  unit.  In determining whether housing is
 intended and operated for occupancy by persons fifty-five years  of  age
 or  older,  Sec.  807  (b)  (2)  (c) (42 U.S.C. 3607 (b) (2) (c)) of the
 federal Fair Housing Act of 1988, as amended, shall apply.
   (d) It shall be an  unlawful  discriminatory  practice  for  any  real
 estate  board, because of the race, creed, color, national origin, CITI-
 ZENSHIP OR IMMIGRATION STATUS, sexual orientation,  gender  identity  or
 expression,  military  status,  age,  sex,  disability,  marital status,
 lawful source of income or familial status  of  any  individual  who  is
 otherwise  qualified for membership, to exclude or expel such individual
 from membership, or to  discriminate  against  such  individual  in  the
 terms, conditions and privileges of membership in such board.
   (e)  It  shall  be  an unlawful discriminatory practice for the owner,
 proprietor or managing agent of, or other person  having  the  right  to
 provide care and services in, a private proprietary nursing home, conva-
 lescent  home,  or home for adults, or an intermediate care facility, as
 defined  in  section  two  of  the  social  services   law,   heretofore
 constructed,  or to be constructed, or any agent or employee thereof, to
 S. 8006                            78                            A. 9006
 
 refuse to provide services and care in such  home  or  facility  to  any
 individual  or  to  discriminate  against  any  individual in the terms,
 conditions, and privileges of such services and care solely because such
 individual  is  a blind person. For purposes of this paragraph, a "blind
 person" shall mean a person who is registered as a blind person with the
 commission for the visually handicapped and who meets the definition  of
 a  "blind  person"  pursuant  to  section  three of chapter four hundred
 fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
 establish a state commission for improving the condition of the blind of
 the state of New York, and making an appropriation therefor".
   (f)  The  provisions of this subdivision, as they relate to age, shall
 not apply to persons under the age of eighteen years.
   (g) It shall be an unlawful discriminatory  practice  for  any  person
 offering  or  providing housing accommodations, land or commercial space
 as described in paragraphs (a), (b), and (c) of this subdivision to make
 or cause to be made any written or oral  inquiry  or  record  concerning
 membership  of  any person in the state organized militia in relation to
 the purchase, rental or lease of such housing  accommodation,  land,  or
 commercial  space,  provided,  however, that nothing in this subdivision
 shall prohibit a member of the state organized militia from  voluntarily
 disclosing such membership.
   §  9.  Paragraph  (a) of subdivision 9 of section 296 of the executive
 law, as amended by chapter 8 of the laws of 2019, is amended to read  as
 follows:
   (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
 department or fire company therein, through any member or members there-
 of, officers, board of fire commissioners or other body or office having
 power of appointment of volunteer firefighters, directly or  indirectly,
 by ritualistic practice, constitutional or by-law prescription, by tacit
 agreement  among  its  members,  or otherwise, to deny to any individual
 membership in any volunteer fire department or fire company therein,  or
 to  expel or discriminate against any volunteer member of a fire depart-
 ment or fire  company  therein,  because  of  the  race,  creed,  color,
 national  origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity or expression, military status, sex, marital status,  or
 familial status, of such individual.
   §  10.  Subdivision 13 of section 296 of the executive law, as amended
 by chapter 8 of the laws of 2019, is amended to read as follows:
   13. It shall be an unlawful discriminatory practice (i) for any person
 to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
 with, or otherwise discriminate against any person, because of the race,
 creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual
 orientation,  gender identity or expression, military status, sex, disa-
 bility, or familial status, of such person, or of  such  person's  part-
 ners,  members, stockholders, directors, officers, managers, superinten-
 dents, agents, employees, business associates, suppliers  or  customers,
 or  (ii) for any person wilfully to do any act or refrain from doing any
 act which enables any such person to take such action. This  subdivision
 shall not apply to:
   (a) Boycotts connected with labor disputes; or
   (b) Boycotts to protest unlawful discriminatory practices.
   §  11.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
 as amended by chapter 8 of the laws of 2019,  are  amended  to  read  as
 follows:
   1. It shall be an unlawful discriminatory practice for any creditor or
 any officer, agent or employee thereof:
 S. 8006                            79                            A. 9006
 
   a.  In  the  case  of  applications  for  credit  with  respect to the
 purchase, acquisition, construction, rehabilitation, repair  or  mainte-
 nance of any housing accommodation, land or commercial space to discrim-
 inate  against  any  such  applicant  because of the race, creed, color,
 national  origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity  or  expression,  military  status,  age,  sex,  marital
 status,  disability,  or familial status of such applicant or applicants
 or any member, stockholder, director, officer or employee of such appli-
 cant or applicants, or of the prospective occupants or tenants  of  such
 housing  accommodation, land or commercial space, in the granting, with-
 holding, extending or renewing, or in the fixing of the rates, terms  or
 conditions of, any such credit;
   b.  To  discriminate in the granting, withholding, extending or renew-
 ing, or in the fixing of the rates, terms or conditions of, any form  of
 credit, on the basis of race, creed, color, national origin, CITIZENSHIP
 OR   IMMIGRATION   STATUS,   sexual   orientation,  gender  identity  or
 expression, military status, age, sex, marital  status,  disability,  or
 familial status;
   c. To use any form of application for credit or use or make any record
 or  inquiry  which  expresses,  directly  or indirectly, any limitation,
 specification, or discrimination as  to  race,  creed,  color,  national
 origin,  CITIZENSHIP  OR  IMMIGRATION STATUS, sexual orientation, gender
 identity or expression, military status, age, sex, marital status, disa-
 bility, or familial status;
   d. To make any inquiry of an applicant concerning his or her  capacity
 to reproduce, or his or her use or advocacy of any form of birth control
 or family planning;
   e.  To  refuse  to  consider  sources  of  an applicant's income or to
 subject an applicant's income to  discounting,  in  whole  or  in  part,
 because  of an applicant's race, creed, color, national origin, CITIZEN-
 SHIP OR IMMIGRATION  STATUS,  sexual  orientation,  gender  identity  or
 expression,  military  status,  age,  sex,  marital status, childbearing
 potential, disability, or familial status;
   f. To discriminate  against  a  married  person  because  such  person
 neither uses nor is known by the surname of his or her spouse.
   This  paragraph  shall  not  apply to any situation where the use of a
 surname would constitute or result in a criminal act.
   2. Without limiting the generality of subdivision one of this section,
 it shall be considered discriminatory if, because of an  applicant's  or
 class of applicants' race, creed, color, national origin, CITIZENSHIP OR
 IMMIGRATION  STATUS,  sexual orientation, gender identity or expression,
 military status, age, sex, marital status  or  disability,  or  familial
 status,  (i)  an  applicant  or  class of applicants is denied credit in
 circumstances where other applicants of like overall  credit  worthiness
 are  granted credit, or (ii) special requirements or conditions, such as
 requiring co-obligors or reapplication upon marriage, are  imposed  upon
 an  applicant  or  class  of  applicants  in circumstances where similar
 requirements or conditions are not imposed upon other applicants of like
 overall credit worthiness.
   3. It shall not  be  considered  discriminatory  if  credit  differen-
 tiations  or  decisions  are based upon factually supportable, objective
 differences in applicants' overall credit worthiness, which may  include
 reference  to  such  factors  as current income, assets and prior credit
 history of such applicants, as well as reference to any  other  relevant
 factually  supportable  data;  provided, however, that no creditor shall
 consider, in evaluating the credit worthiness of an applicant, aggregate
 S. 8006                            80                            A. 9006
 
 statistics or assumptions  relating  to  race,  creed,  color,  national
 origin,  CITIZENSHIP  OR  IMMIGRATION STATUS, sexual orientation, gender
 identity or expression, military status, sex, marital status or disabil-
 ity,  or  to  the  likelihood of any group of persons bearing or rearing
 children, or for that reason receiving diminished or interrupted  income
 in the future.
   § 12. Subdivision 2 of section 296-c of the executive law, as added by
 chapter 97 of the laws of 2014, is amended to read as follows:
   2. It shall be an unlawful discriminatory practice for an employer to:
   a.  refuse to hire or employ or to bar or to discharge from internship
 an intern or to discriminate against such intern in terms, conditions or
 privileges of employment as an intern because of the intern's age, race,
 creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual
 orientation, military  status,  sex,  disability,  predisposing  genetic
 characteristics, marital status, or domestic violence victim status;
   b. discriminate against an intern in receiving, classifying, disposing
 or  otherwise  acting  upon  applications for internships because of the
 intern's age, race, creed, color, national origin, CITIZENSHIP OR  IMMI-
 GRATION  STATUS,  sexual  orientation, military status, sex, disability,
 predisposing  genetic  characteristics,  marital  status,  or   domestic
 violence victim status;
   c.  print or circulate or cause to be printed or circulated any state-
 ment, advertisement or publication, or to use any  form  of  application
 for  employment  as  an intern or to make any inquiry in connection with
 prospective employment, which  expresses  directly  or  indirectly,  any
 limitation,  specification  or  discrimination  as  to age, race, creed,
 color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
 tation, military status, sex, disability, predisposing  genetic  charac-
 teristics,  marital  status  or  domestic violence victim status, or any
 intent to make any such  limitation,  specification  or  discrimination,
 unless  based  upon  a  bona  fide occupational qualification; provided,
 however, that neither this paragraph nor any provision of  this  chapter
 or  other  law  shall  be  construed to prohibit the department of civil
 service or the department of personnel of any city containing more  than
 one county from requesting information from applicants for civil service
 internships or examinations concerning any of the aforementioned charac-
 teristics,  other than sexual orientation, for the purpose of conducting
 studies to identify and resolve possible  problems  in  recruitment  and
 testing of members of minority groups to insure the fairest possible and
 equal opportunities for employment in the civil service for all persons,
 regardless  of  age, race, creed, color, national origin, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, military status, sex,  disabili-
 ty,  predisposing  genetic  characteristics,  marital status or domestic
 violence victim status;
   d. to discharge, expel or otherwise discriminate  against  any  person
 because he or she has opposed any practices forbidden under this article
 or because he or she has filed a complaint, testified or assisted in any
 proceeding under this article; or
   e.  to  compel  an  intern who is pregnant to take a leave of absence,
 unless the intern is prevented by such  pregnancy  from  performing  the
 activities involved in the job or occupation in a reasonable manner.
   §  13.  Paragraph b of subdivision 3 of section 296-c of the executive
 law, as added by chapter 97 of the laws of 2014, is amended to  read  as
 follows:
   b.  subject an intern to unwelcome harassment based on age, sex, race,
 creed, color, sexual orientation, military status,  disability,  predis-
 S. 8006                            81                            A. 9006
 
 posing genetic characteristics, marital status, domestic violence victim
 status,  [or]  national  origin,  OR  CITIZENSHIP OR IMMIGRATION STATUS,
 where such harassment has the purpose or effect of  unreasonably  inter-
 fering  with  the intern's work performance by creating an intimidating,
 hostile, or offensive working environment.
   § 14. This act shall take effect immediately.
 
                                  PART Z
 
   Section 1. Notwithstanding any other provision  of  law,  the  housing
 trust  fund  corporation  may  provide, for purposes of the neighborhood
 preservation program, a sum not to exceed  $12,830,000  for  the  fiscal
 year ending March 31, 2023.  Notwithstanding any other provision of law,
 and  subject to the approval of the New York state director of the budg-
 et, the board of directors of the state  of  New  York  mortgage  agency
 shall  authorize the transfer to the housing trust fund corporation, for
 the purposes of reimbursing any costs associated with neighborhood pres-
 ervation program contracts authorized by this section, a total  sum  not
 to  exceed  $12,830,000,  such  transfer to be made from (i) the special
 account of the mortgage  insurance  fund  created  pursuant  to  section
 2429-b  of  the  public  authorities law, in an amount not to exceed the
 actual excess balance in the special account of the  mortgage  insurance
 fund,  as  determined  and  certified  by the state of New York mortgage
 agency for the fiscal year 2021-2022 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, 2022.
   § 2. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may  provide,  for purposes of the rural preservation
 program, a sum not to exceed $5,360,000 for the fiscal year ending March
 31, 2023.  Notwithstanding any other provision of law,  and  subject  to
 the  approval of the New York state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  housing  trust  fund corporation, for the purposes of
 reimbursing  any  costs  associated  with  rural  preservation   program
 contracts  authorized  by  this  section,  a  total  sum  not  to exceed
 $5,360,000, such transfer to be made from (i) the special account of the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the special account of the mortgage insurance fund,  as  determined  and
 certified  by  the state of New York mortgage agency for the fiscal year
 2021-2022 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,
 2022.
 S. 8006                            82                            A. 9006
 
   § 3. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may provide, for purposes of the rural rental assist-
 ance program pursuant to article 17-A of  the  private  housing  finance
 law,  a  sum  not to exceed $21,630,000 for the fiscal year ending March
 31,  2023.    Notwithstanding any other provision of law, and subject to
 the approval of the New York state director of the budget, the board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing  any  costs  associated with rural rental assistance program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $21,630,000,  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  2021-2022  in accordance with section 2429-b of the public
 authorities law, if any, and/or (ii) provided that the reserves  in  the
 project  pool  insurance  account of the mortgage insurance fund created
 pursuant to section 2429-b of the public authorities law are  sufficient
 to  attain and maintain the credit rating, as determined by the state of
 New York mortgage agency, required to accomplish the  purposes  of  such
 account,  the  project  pool insurance account of the mortgage insurance
 fund, such transfer shall be made as soon as practicable  but  no  later
 than June 30, 2022.
   § 4. This act shall take effect immediately.
 
                                  PART AA
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "accessory dwelling unit act of 2022".
   § 2. The real property law is amended by adding a new  article  16  to
 read as follows:
                                 ARTICLE 16
                         ACCESSORY DWELLING UNITS
 SECTION 480. DEFINITIONS.
         481. ACCESSORY DWELLING UNIT REGULATIONS AND LOCAL LAWS.
         482. LOW AND MODERATE-INCOME HOMEOWNERS PROGRAM.
         483. TENANT PROTECTIONS.
   § 480. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
 WISE REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ACCESSORY  DWELLING  UNIT"  SHALL  MEAN AN ATTACHED OR A DETACHED
 RESIDENTIAL DWELLING UNIT  THAT  PROVIDES  COMPLETE  INDEPENDENT  LIVING
 FACILITIES  FOR ONE OR MORE PERSONS, WHICH IS LOCATED ON THE SAME LOT AS
 A SINGLE-FAMILY OR MULTI-FAMILY  DWELLING  PROPOSED  OR  EXISTING  AS  A
 PRIMARY  RESIDENCE, AND SUCH UNIT SHALL INCLUDE PERMANENT PROVISIONS FOR
 LIVING, SLEEPING, EATING, COOKING, BATHING AND WASHING,  AND  SANITATION
 ON THE SAME LOT AS SUCH PRIMARY RESIDENCE.
   2. "LOCAL GOVERNMENT" SHALL MEAN A CITY, TOWN OR VILLAGE.
   3.  "LOW-INCOME  HOMEOWNERS"  SHALL  MEAN  HOMEOWNERS  WITH AN INCOME,
 ADJUSTED FOR FAMILY SIZE, NOT EXCEEDING EIGHTY PERCENT OF THE AREA MEDI-
 AN INCOME.
   4. "MODERATE-INCOME HOMEOWNERS" SHALL MEAN HOMEOWNERS WITH AN  INCOME,
 ADJUSTED  FOR  FAMILY  SIZE, NOT EXCEEDING ONE HUNDRED TWENTY PERCENT OF
 THE AREA MEDIAN INCOME AS DEFINED BY THE DIVISION.
   5. "NONCONFORMING ZONING CONDITION" SHALL MEAN A PHYSICAL  IMPROVEMENT
 ON A PROPERTY THAT DOES NOT CONFORM WITH CURRENT ZONING STANDARDS.
 S. 8006                            83                            A. 9006
 
   6.  "PROPOSED DWELLING" SHALL MEAN A DWELLING THAT IS THE SUBJECT OF A
 PERMIT APPLICATION AND THAT MEETS THE REQUIREMENTS FOR PERMITTING.
   7.  "DIVISION"  SHALL  MEAN  THE  NEW YORK STATE DIVISION OF HOMES AND
 COMMUNITY RENEWAL.
   8. "REGULATION" SHALL MEAN ANY ORDINANCE, LOCAL LAW, RESOLUTION, RULE,
 POLICY, OR REGULATION ADOPTED OR ENACTED PURSUANT TO THE AUTHORITY OF  A
 GENERAL,  SPECIAL,  CHARTER  OR  OTHER LAW UNLESS THE CONTEXT SUGGESTS A
 DIFFERENT MEANING.
   9. "RENTED" SHALL MEAN TO LEASE, LET, OR HIRE OUT AN ACCESSORY  DWELL-
 ING  UNIT,  A RESIDENCE, OR ANY PORTION OF SUCH UNIT OR RESIDENCE, TO BE
 OCCUPIED OR THAT IS OCCUPIED FOR LIVING PURPOSES.
   §  481.  ACCESSORY  DWELLING  UNIT  REGULATIONS  AND  LOCAL  LAWS.  1.
 NOTWITHSTANDING ANY GENERAL, SPECIAL, CHARTER, LOCAL OR OTHER LAW, RULE,
 POLICY, OR REGULATION TO THE CONTRARY, INCLUDING ANY LAW AUTHORIZING THE
 ADOPTION  OF  PLANNING,  ZONING,  OR  OTHER LAND USE REGULATION, A LOCAL
 GOVERNMENT SHALL, BY LOCAL LAW, PROVIDE FOR THE  CREATION  OF  ACCESSORY
 DWELLING UNITS. SUCH LOCAL LAW SHALL:
   (A)  DESIGNATE  AREAS  WITHIN THE JURISDICTION OF THE LOCAL GOVERNMENT
 WHERE ACCESSORY DWELLING UNITS  SHALL  BE  PERMITTED.  DESIGNATED  AREAS
 SHALL  INCLUDE ALL AREAS ZONED FOR SINGLE-FAMILY OR MULTIFAMILY RESIDEN-
 TIAL USE, AND ALL LOTS WITH AN EXISTING RESIDENTIAL USE.
   (B) AUTHORIZE THE CREATION OF AT LEAST ONE ACCESSORY DWELLING UNIT PER
 LOT.
   (C) PROVIDE REASONABLE STANDARDS FOR ACCESSORY DWELLING UNITS THAT MAY
 INCLUDE, BUT ARE NOT LIMITED TO, HEIGHT, LANDSCAPE, ARCHITECTURAL REVIEW
 AND MAXIMUM SIZE OF A UNIT. IN NO CASE SHALL SUCH STANDARDS UNREASONABLY
 RESTRICT THE CREATION OF ACCESSORY DWELLING UNITS.
   (D) REQUIRE ACCESSORY DWELLING UNITS TO COMPLY WITH THE FOLLOWING:
   (I) SUCH UNIT MAY BE RENTED SEPARATE FROM THE PRIMARY  RESIDENCE,  BUT
 SHALL  NOT BE SOLD OR OTHERWISE CONVEYED SEPARATE FROM THE PRIMARY RESI-
 DENCE;
   (II) SUCH UNIT SHALL BE LOCATED ON A LOT THAT INCLUDES A  PROPOSED  OR
 EXISTING RESIDENTIAL DWELLING;
   (III)  SUCH UNIT SHALL NOT BE RENTED FOR A TERM LESS THAN THIRTY DAYS;
 AND
   (IV) IF THERE IS AN EXISTING PRIMARY RESIDENCE, THE TOTAL  FLOOR  AREA
 OF  AN  ACCESSORY  DWELLING  UNIT  SHALL NOT EXCEED FIFTY PERCENT OF THE
 EXISTING PRIMARY RESIDENCE, UNLESS SUCH LIMIT WOULD PREVENT THE CREATION
 OF AN ACCESSORY DWELLING UNIT THAT IS NO GREATER THAN SIX HUNDRED SQUARE
 FEET.
   2. A LOCAL GOVERNMENT SHALL NOT ESTABLISH BY ANY REGULATION ANY OF THE
 FOLLOWING:
   (A) IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE MILLION OR  MORE,
 A  MINIMUM  SQUARE  FOOTAGE  REQUIREMENT  FOR AN ACCESSORY DWELLING UNIT
 GREATER THAN TWO HUNDRED SQUARE FEET, OR IN A LOCAL GOVERNMENT HAVING  A
 POPULATION  OF  LESS THAN ONE MILLION, A MINIMUM SQUARE FOOTAGE REQUIRE-
 MENT FOR AN ACCESSORY DWELLING UNIT THAT IS GREATER  THAN  FIVE  HUNDRED
 FIFTY SQUARE FEET;
   (B)  A  MAXIMUM  SQUARE  FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING
 UNIT THAT IS LESS THAN FIFTEEN HUNDRED SQUARE FEET;
   (C) ANY OTHER MINIMUM OR MAXIMUM SIZE FOR AN ACCESSORY DWELLING  UNIT,
 INCLUDING  THOSE  BASED  UPON  A  PERCENTAGE OF THE PROPOSED OR EXISTING
 PRIMARY RESIDENCE, OR LIMITS ON LOT COVERAGE,  FLOOR  AREA  RATIO,  OPEN
 SPACE,  AND  MINIMUM  LOT  SIZE,  FOR A DWELLING THAT DOES NOT PERMIT AT
 LEAST AN EIGHT HUNDRED SQUARE FOOT ACCESSORY DWELLING  UNIT  WITH  FOUR-
 FOOT  SIDE  AND  REAR YARD SETBACKS TO BE CONSTRUCTED IN COMPLIANCE WITH
 S. 8006                            84                            A. 9006
 
 OTHER LOCAL STANDARDS.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS
 SECTION  TO  THE  CONTRARY,  A LOCAL GOVERNMENT MAY PROVIDE, WHERE A LOT
 CONTAINS AN EXISTING RESIDENCE, THAT AN ACCESSORY DWELLING UNIT  LOCATED
 WITHIN  AND/OR  ATTACHED  TO  THE PRIMARY RESIDENCE SHALL NOT EXCEED THE
 BUILDABLE ENVELOPE FOR THE EXISTING RESIDENCE,  AND  THAT  AN  ACCESSORY
 DWELLING  UNIT  THAT  IS  DETACHED  FROM  AN EXISTING RESIDENCE SHALL BE
 CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXIST-
 ING STRUCTURE, IF SUCH STRUCTURE EXISTS.
   (D) A CEILING HEIGHT REQUIREMENT GREATER THAN SEVEN FEET,  UNLESS  THE
 LOCAL  GOVERNMENT  CAN  DEMONSTRATE THAT SUCH A REQUIREMENT IS NECESSARY
 FOR THE PRESERVATION OF HEALTH AND SAFETY;
   (E) IF AN ACCESSORY DWELLING UNIT OR A PORTION THEREOF IS  BELOW  CURB
 LEVEL,  A  REQUIREMENT  THAT MORE THAN TWO FEET OF SUCH UNIT'S HEIGHT BE
 ABOVE CURB LEVEL, UNLESS THE LOCAL GOVERNMENT CAN DEMONSTRATE THAT  SUCH
 A REQUIREMENT IS NECESSARY FOR THE PRESERVATION OF HEALTH AND SAFETY;
   (F) ANY REQUIREMENT THAT A PATHWAY EXIST OR BE CONSTRUCTED IN CONJUNC-
 TION  WITH  THE CREATION OF AN ACCESSORY DWELLING UNIT, UNLESS THE LOCAL
 GOVERNMENT CAN DEMONSTRATE THAT SUCH REQUIREMENT IS  NECESSARY  FOR  THE
 PRESERVATION OF HEALTH AND SAFETY;
   (G)  ANY  SETBACK FOR AN EXISTING DWELLING OR ACCESSORY STRUCTURE OR A
 STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS
 AN EXISTING STRUCTURE THAT IS CONVERTED TO AN ACCESSORY DWELLING UNIT OR
 TO A PORTION OF AN ACCESSORY DWELLING UNIT, OR ANY SETBACK OF MORE  THAN
 FOUR  FEET  FROM  THE  SIDE AND REAR LOT LINES FOR AN ACCESSORY DWELLING
 UNIT THAT IS NOT CONVERTED FROM AN EXISTING STRUCTURE OR A NEW STRUCTURE
 CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS AN EXIST-
 ING STRUCTURE; OR
   (H) ANY HEALTH OR SAFETY REQUIREMENTS ON ACCESSORY DWELLING UNITS THAT
 ARE NOT NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THE  OCCUPANTS  OF
 SUCH A DWELLING. NOTHING IN THIS PROVISION SHALL BE CONSTRUED TO PREVENT
 A  LOCAL  GOVERNMENT  FROM  REQUIRING THAT ACCESSORY DWELLING UNITS ARE,
 WHERE APPLICABLE, SUPPORTED BY SEPTIC CAPACITY NECESSARY TO  MEET  STATE
 HEALTH,  SAFETY, AND SANITARY STANDARDS, THAT THE CREATION OF SUCH UNITS
 COMPORTS WITH FLOOD RESILIENCY POLICIES OR EFFORTS, AND THAT SUCH  UNITS
 ARE CONSISTENT WITH THE PROTECTION OF WETLANDS AND WATERSHEDS.
   3.  NO LOCAL LAW FOR THE CREATION OF ACCESSORY DWELLING UNITS PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION SHALL BE CONSIDERED IN  THE  APPLICA-
 TION  OF  ANY  LOCAL  REGULATION POLICY, OR PROGRAM TO LIMIT RESIDENTIAL
 GROWTH.
   4. NO PARKING REQUIREMENT SHALL BE IMPOSED ON  AN  ACCESSORY  DWELLING
 UNIT;  EXCEPT  WHERE NO IMMEDIATELY ADJACENT PUBLIC STREET PERMITS YEAR-
 ROUND ON-STREET PARKING AND THE ACCESSORY DWELLING UNIT IS GREATER  THAN
 ONE-HALF  MILE  FROM  ACCESS TO PUBLIC TRANSPORTATION A LOCAL GOVERNMENT
 MAY REQUIRE UP TO ONE OFF-STREET PARKING SPACE PER ACCESSORY UNIT.
   5. A LOCAL GOVERNMENT SHALL NOT REQUIRE THAT OFF-STREET PARKING SPACES
 BE REPLACED IF A GARAGE, CARPORT, OR COVERED PARKING STRUCTURE IS DEMOL-
 ISHED IN CONJUNCTION WITH THE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT
 OR CONVERTED TO AN ACCESSORY DWELLING UNIT.
   6. NOTWITHSTANDING ANY REGULATION TO THE CONTRARY, A  PERMIT  APPLICA-
 TION  TO CREATE AN ACCESSORY DWELLING UNIT IN CONFORMANCE WITH THE LOCAL
 LAW ENACTED UNDER THIS SECTION SHALL BE CONSIDERED  MINISTERIAL  WITHOUT
 DISCRETIONARY REVIEW OR A HEARING. IF THERE IS AN EXISTING SINGLE-FAMILY
 OR  MULTI-FAMILY  DWELLING  ON  THE LOT, THE LOCAL AGENCY WITH REVIEWING
 AUTHORITY  UNDER  THIS  SECTION  SHALL  ISSUE  A  DETERMINATION  ON  THE
 COMPLETED APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT WITHIN NINETY
 DAYS  FROM THE DATE THE LOCAL AGENCY RECEIVES SUCH COMPLETED APPLICATION
 S. 8006                            85                            A. 9006
 
 OR, IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE  MILLION  OR  MORE,
 WITHIN  SIXTY  DAYS.  IF  THE  PERMIT APPLICATION TO CREATE AN ACCESSORY
 DWELLING UNIT IS SUBMITTED WITH A PERMIT APPLICATION  TO  CREATE  A  NEW
 RESIDENTIAL  DWELLING  ON  THE  LOT, THE PERMITTING LOCAL GOVERNMENT MAY
 DELAY ACTING ON THE PERMIT APPLICATION FOR THE ACCESSORY  DWELLING  UNIT
 UNTIL  THE PERMITTING LOCAL GOVERNMENT ACTS ON THE PERMIT APPLICATION TO
 CREATE THE NEW DWELLING, BUT THE APPLICATION  TO  CREATE  THE  ACCESSORY
 DWELLING  UNIT SHALL BE CONSIDERED WITHOUT DISCRETIONARY REVIEW OR HEAR-
 ING. IF THE APPLICANT REQUESTS A DELAY, THE TIME PERIOD FOR REVIEW SHALL
 BE TOLLED FOR THE PERIOD OF THE DELAY. SUCH  REVIEW  SHALL  INCLUDE  ALL
 NECESSARY  PERMITS  AND  APPROVALS  INCLUDING, WITHOUT LIMITATION, THOSE
 RELATED TO HEALTH AND SAFETY. A LOCAL GOVERNMENT SHALL  NOT  REQUIRE  AN
 ADDITIONAL  OR  AMENDED  CERTIFICATE  OF OCCUPANCY IN CONNECTION WITH AN
 ACCESSORY DWELLING UNIT. A LOCAL GOVERNMENT MAY  CHARGE  A  FEE  NOT  TO
 EXCEED ONE THOUSAND DOLLARS PER APPLICATION FOR THE REIMBURSEMENT OF THE
 ACTUAL COSTS SUCH LOCAL AGENCY INCURS PURSUANT TO THIS SUBDIVISION.
   7.  LOCAL GOVERNMENTS SHALL ESTABLISH AN ADMINISTRATIVE APPEAL PROCESS
 FOR AN APPLICANT TO APPEAL THE DENIAL OF A PERMIT FOR ACCESSORY DWELLING
 UNITS. WHEN A PERMIT TO CREATE AN ACCESSORY DWELLING UNIT PURSUANT TO  A
 LOCAL  LAW ADOPTED PURSUANT TO THIS SECTION IS DENIED, THE LOCAL GOVERN-
 MENT AGENCY THAT DENIED THE PERMIT SHALL ISSUE A NOTICE OF DENIAL  WHICH
 SHALL  CONTAIN  THE REASON OR REASONS SUCH PERMIT APPLICATION WAS DENIED
 AND INSTRUCTIONS ON HOW THE APPLICANT MAY APPEAL SUCH DENIAL.
   8. NO POLICY OR REGULATION OTHER THAN THE LOCAL LAW  AUTHORIZED  UNDER
 THIS  SECTION  SHALL BE THE BASIS FOR THE DENIAL OF A BUILDING PERMIT OR
 OTHER PERMISSION TO DEVELOP IN ACCORDANCE WITH THIS  SECTION  EXCEPT  TO
 THE  EXTENT  NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THE OCCUPANTS
 OF AN ACCESSORY DWELLING UNIT THE PRIMARY  RESIDENCE  TO  SUCH  DWELLING
 UNIT,  AND  PROVIDED  SUCH  POLICY  OR REGULATION IS CONSISTENT WITH THE
 REQUIREMENTS OF THIS SECTION.
   9. IF A LOCAL GOVERNMENT HAS AN EXISTING ACCESSORY DWELLING UNIT REGU-
 LATION THAT FAILS TO MEET THE REQUIREMENTS OF THIS SECTION, THE SECTIONS
 OF SUCH REGULATION THAT CONFLICTS WITH THIS SECTION SHALL  BE  NULL  AND
 VOID.  SUCH LOCAL GOVERNMENT SHALL THEREAFTER APPLY THE STANDARDS ESTAB-
 LISHED IN THIS SECTION FOR THE APPROVAL OF AN  ACCESSORY  DWELLING  UNIT
 UNTIL  SUCH  LOCAL GOVERNMENT ADOPTS A LOCAL LAW THAT COMPLIES WITH THIS
 SECTION.
   10. THE LOCAL GOVERNMENT SHALL ENSURE THAT  ACCESSORY  DWELLING  UNITS
 ARE  NOT  COUNTED  TOWARD  THE  ALLOWABLE  RESIDENTIAL  DENSITY,  OR ANY
 REQUIREMENT RESPECTING LOT COVERAGE OR OPEN  SPACE,  FOR  THE  LOT  UPON
 WHICH  THE  ACCESSORY DWELLING UNIT IS LOCATED UNDER THE EXISTING ZONING
 DESIGNATION FOR SUCH LOT. THE  ACCESSORY  DWELLING  UNIT  SHALL  NOT  BE
 CONSIDERED  IN  THE APPLICATION OF ANY REGULATION, POLICY, OR PROGRAM TO
 LIMIT RESIDENTIAL GROWTH.
   11. IN A CITY WITH A POPULATION GREATER THAN ONE  MILLION,  THE  LOCAL
 GOVERNMENT  SHALL  CREATE  A PROGRAM TO ADDRESS ACCESSORY DWELLING UNITS
 THAT WERE CREATED PRIOR TO THE EFFECTIVE  DATE  OF  THIS  ARTICLE.  SUCH
 PROGRAM  MAY  PROVIDE  AMNESTY  TO OWNERS OF BUILDINGS THAT CONTAIN SUCH
 ACCESSORY DWELLING UNITS. SUCH CITY SHALL WAIVE PORTIONS OF THE MULTIPLE
 DWELLING LAW AND RELEVANT REGULATIONS, OTHER THAN THE LOCAL LAW  ADOPTED
 PURSUANT  TO THIS SECTION, AS NECESSARY TO ADMINISTER SUCH PROGRAM. SUCH
 WAIVER OR WAIVERS SHALL NOT REQUIRE ADDITIONAL REGULATIONS OR ZONING  OR
 OTHER LAND USE AMENDMENTS.
   12. A LOCAL GOVERNMENT SHALL NOT REQUIRE, AS A CONDITION FOR MINISTER-
 IAL  APPROVAL  OF  A PERMIT APPLICATION FOR THE CREATION OF AN ACCESSORY
 S. 8006                            86                            A. 9006
 
 DWELLING UNIT, THE CORRECTION  OF  NONCONFORMING  ZONING  CONDITIONS  OR
 MINOR VIOLATIONS OF LOCAL LAW.
   13. WHERE AN ACCESSORY DWELLING UNIT REQUIRES A NEW OR SEPARATE UTILI-
 TY CONNECTION DIRECTLY BETWEEN THE ACCESSORY DWELLING UNIT AND THE UTIL-
 ITY, AND SUCH CONNECTION IS PROVIDED BY A GOVERNMENTAL OR PUBLIC AUTHOR-
 ITY,  THE  CONNECTION  MAY  BE  SUBJECT  TO A CONNECTION FEE OR CAPACITY
 CHARGE BY SUCH GOVERNMENTAL OR PUBLIC AUTHORITY THAT  SHALL  BE  PROPOR-
 TIONATE  TO  THE  BURDEN  OF THE PROPOSED ACCESSORY DWELLING UNIT, BASED
 UPON EITHER ITS SIZE OR THE NUMBER OF ITS  PLUMBING  FIXTURES  UPON  THE
 WATER  OR  SEWER SYSTEM. SUCH FEE OR CHARGE SHALL NOT EXCEED THE REASON-
 ABLE COST OF PROVIDING SUCH UTILITY CONNECTION. A LOCAL GOVERNMENT SHALL
 NOT IMPOSE ANY OTHER FEE IN CONNECTION WITH AN ACCESSORY DWELLING UNIT.
   14. A LOCAL GOVERNMENT MAY REQUIRE THAT A UNIT IN  THE  PRIMARY  RESI-
 DENCE  BE  OWNER-OCCUPIED  FOR AN ACCESSORY DWELLING UNIT TO BE LAWFULLY
 RENTED.  IN ADDITION, ANY SUCH LOCAL GOVERNMENT MAY REQUIRE SUCH  OWNER-
 OCCUPATION MUST CONTINUE FOR AT LEAST ONE YEAR FOLLOWING THE FIRST LEGAL
 OCCUPANCY OF THE ACCESSORY DWELLING UNIT.
   15.  A  LOCAL GOVERNMENT SHALL NOT ISSUE A CERTIFICATE OF OCCUPANCY OR
 ITS EQUIVALENT FOR AN ACCESSORY DWELLING UNIT BEFORE THE  LOCAL  GOVERN-
 MENT ISSUES A CERTIFICATE OF OCCUPANCY OR ITS EQUIVALENT FOR THE PRIMARY
 RESIDENCE.
   16.  A LOCAL GOVERNMENT SHALL ADOPT A LOCAL LAW PURSUANT TO THIS ARTI-
 CLE WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE.
   17. A PROPERTY OWNER WHO HAS BEEN DENIED A PERMIT BY A  LOCAL  GOVERN-
 MENT  IN VIOLATION OF THIS ARTICLE OR WHO LIVES WITHIN THE LOCAL GOVERN-
 MENT THAT FAILS TO ADOPT A LOCAL LAW PURSUANT TO THIS ARTICLE MAY  APPLY
 TO  THE  SUPREME  COURT  FOR  REVIEW OF THE LOCAL GOVERNMENT ACTION BY A
 PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE  CIVIL  PRACTICE  LAW  AND
 RULES.  COSTS  SHALL NOT BE ALLOWED AGAINST A LOCAL GOVERNMENT OR ANY OF
 ITS OFFICERS UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL  GOVERN-
 MENT  OR  THE  OFFICER OR OFFICERS ACTED WITH GROSS NEGLIGENCE OR IN BAD
 FAITH OR WITH MALICE.
   § 482. LOW AND  MODERATE-INCOME  HOMEOWNERS  PROGRAM.  1.  WITHIN  ONE
 HUNDRED  EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DIVISION
 OR AFFILIATED AUTHORITY SHALL ESTABLISH  A  LENDING  PROGRAM  TO  ASSIST
 LOW-INCOME HOMEOWNERS AND MODERATE-INCOME HOMEOWNERS IN SECURING FINANC-
 ING  FOR  THE  CREATION  OF ACCESSORY DWELLING UNITS, INCLUDING, WITHOUT
 LIMITATION, FINANCING FOR DESIGN  AND  CONSTRUCTION,  FLOOD  PREVENTION,
 PERMITTING, AND SEPTIC ENHANCEMENT.
   2.  THE  DIVISION  OR  AFFILIATED  AUTHORITY  SHALL PROMULGATE PROGRAM
 CRITERIA AND GUIDELINES NECESSARY TO CARRY OUT SUCH PROGRAM.
   3. SUCH PROGRAM SHALL BE FUNDED WITHIN AMOUNTS APPROPRIATED OR  OTHER-
 WISE AVAILABLE THEREFOR.
   4.  THE DIVISION SHALL ISSUE AN ANNUAL REPORT, ON OR BEFORE JULY FIRST
 OF EACH YEAR, THAT INCLUDES AN  AGGREGATED  LIST  OF  PROJECTS  FINANCED
 THROUGH  THE  PROGRAM,  INCLUDING  THE COUNTIES WHERE SUCH PROJECTS WERE
 FINANCED.
   5. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS  ARTI-
 CLE, THE DIVISION OR AFFILIATED AUTHORITIES SHALL ESTABLISH A PROGRAM TO
 PROVIDE  TECHNICAL ASSISTANCE TO LOW-INCOME AND MODERATE-INCOME HOMEOWN-
 ERS SEEKING TO CREATE AN ACCESSORY DWELLING UNIT. SUCH  PROGRAM  MAY  BE
 CONTRACTED  OUT TO APPROVED NON-GOVERNMENTAL ENTITIES. TECHNICAL ASSIST-
 ANCE  SHALL  INCLUDE,  WITHOUT  LIMITATION,  GUIDANCE  ON   DESIGN   AND
 CONSTRUCTION,   FLOOD  PREVENTION,  PERMITTING,  FINANCING,  AND  SEPTIC
 ENHANCEMENT.
 S. 8006                            87                            A. 9006
 
   § 483. TENANT PROTECTIONS. 1. AS USED IN THIS SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "LANDLORD"  SHALL MEAN ANY OWNER, LESSOR, SUBLESSOR, ASSIGNOR, OR
 OTHER PERSON RECEIVING OR ENTITLED TO RECEIVE RENT FOR THE OCCUPANCY  OF
 ANY ACCESSORY DWELLING UNIT OR AN AGENT OF THE FOREGOING.
   (B)  "TENANT"  SHALL  MEAN A TENANT, SUB-TENANT, LESSEE, SUBLESSEE, OR
 ASSIGNEE OF AN ACCESSORY DWELLING UNIT.
   (C) "RENT" SHALL MEAN ANY CONSIDERATION, INCLUDING ANY BONUS,  BENEFIT
 OR  GRATUITY  DEMANDED  OR  RECEIVED  FOR  OR  IN  CONNECTION  WITH  THE
 POSSESSION, USE OR OCCUPANCY  OF  AN  ACCESSORY  DWELLING  UNIT  OR  THE
 EXECUTION OR TRANSFER OF A LEASE FOR SUCH UNIT.
   2.  A  PERMIT  APPLICATION  TO  CREATE  AN  ACCESSORY DWELLING UNIT IN
 CONFORMANCE WITH A LOCAL LAW ADOPTED UNDER THIS ARTICLE SHALL BE  ACCOM-
 PANIED  BY  A CERTIFICATION IDENTIFYING WHETHER THE UNIT WAS RENTED TO A
 TENANT AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND THE RENT CHARGED FOR
 THE UNIT AS OF SUCH DATE, NOTWITHSTANDING WHETHER THE OCCUPANCY OF  SUCH
 UNIT  WAS AUTHORIZED BY LAW. A LOCAL GOVERNMENT MAY NOT USE SUCH CERTIF-
 ICATION AS THE BASIS FOR AN  ENFORCEMENT  ACTION  AGAINST  AN  APPLICANT
 CONCERNING  THE  UNAUTHORIZED  HABITATION  OF  A UNIT. WHERE A TENANT IS
 EVICTED OR OTHERWISE REMOVED FROM A UNIT PRIOR TO APPROVAL OF  A  PERMIT
 APPLICATION  TO  CREATE  AN  ACCESSORY DWELLING UNIT UNDER THIS ARTICLE,
 SUCH TENANT SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO THE UNIT AS
 A TENANT UPON ITS FIRST LAWFUL OCCUPANCY AS AN ACCESSORY DWELLING  UNIT,
 NOTWITHSTANDING WHETHER SUCH PRIOR OCCUPANCY WAS AUTHORIZED BY LAW.
   3.  A  TENANT  UNLAWFULLY  DENIED  A RIGHT OF FIRST REFUSAL UNDER THIS
 ARTICLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDIC-
 TION FOR COMPENSATORY AND PUNITIVE DAMAGES AND DECLARATORY  AND  INJUNC-
 TIVE  RELIEF  AND  SUCH OTHER RELIEF AS THE COURT DEEMS NECESSARY IN THE
 INTERESTS OF JUSTICE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART BB
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the  "Housing Non-Discrimination for Justice-Involved Individuals Act of
 2022".
   § 2. Section 296 of the executive law  is  amended  by  adding  a  new
 subdivision 23 to read as follows:
   23.  IT  SHALL  BE AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS SPECIF-
 ICALLY REQUIRED OR PERMITTED BY FEDERAL OR STATE STATUTE  OR  REGULATION
 FOR  ANY  OWNER,  LESSEE, SUB-LESSEE, ASSIGNEE, OR MANAGING AGENT OF, OR
 OTHER PERSON HAVING THE RIGHT TO SELL, RENT OR LEASE A HOUSING  ACCOMMO-
 DATION, CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE THER-
 EOF,  OR  ANY REAL ESTATE BROKER, REAL ESTATE SALESPERSON OR EMPLOYEE OR
 AGENT THEREOF TO REFUSE TO SELL, RENT, LEASE OR NEGOTIATE FOR THE  SALE,
 RENTAL,  OR LEASE OF, OR OTHERWISE TO DENY TO OR WITHHOLD FROM ANY INDI-
 VIDUAL SUCH A HOUSING ACCOMMODATION, OR  TO  DISCRIMINATE  AGAINST  SUCH
 INDIVIDUAL IN THE TERMS, CONDITIONS OR PRIVILEGES OF THE SALE, RENTAL OR
 LEASE,  OR  TO  TAKE ANY ADVERSE ACTION AGAINST SUCH INDIVIDUAL, BECAUSE
 SUCH INDIVIDUAL HAS BEEN PREVIOUSLY CONVICTED OF ONE  OR  MORE  CRIMINAL
 OFFENSES IN THIS STATE OR IN ANY OTHER JURISDICTION, UNLESS:
   (A)  THE  CONVICTION  RESULTED FROM ONE OR MORE OFFENSES THAT INVOLVED
 PHYSICAL DANGER OR VIOLENCE TO PERSONS OR PROPERTY; OR
   (B) THE CONVICTION HAD AN ADVERSE EFFECT ON  THE  HEALTH,  SAFETY  AND
 WELFARE OF OTHER PEOPLE OR PROPERTY.
 S. 8006                            88                            A. 9006
 
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
                                  PART CC
 
   Section  1.  Subdivision 3 of section 26 of the multiple dwelling law,
 as amended by chapter 748 of the laws of 1961, is  amended  to  read  as
 follows:
   3.  Floor  area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN THE
 ZONING LAW, ORDINANCE OR RESOLUTION OF A CITY WITH A POPULATION  OF  ONE
 MILLION OR MORE, THE floor area ratio (FAR) of any dwelling or dwellings
 on a lot shall not exceed 12.0, except that a fireproof class B dwelling
 in  which six or more passenger elevators are maintained and operated in
 any city having a local zoning law, ordinance or resolution  restricting
 districts  in such city to residential use, may be erected in accordance
 with the provisions of such zoning law, ordinance or resolution, if such
 class B dwelling is erected in a district no part of which is restricted
 by such zoning law, ordinance or resolution to residential uses.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1. Short title. This act shall be known as and may be cited as
 "Creating Housing Opportunities through Building Conversion Act."
   § 2. Section 301 of the multiple dwelling law is amended by  adding  a
 new subdivision 7 to read as follows:
   7. ANY CERTIFICATE BY THE DEPARTMENT AUTHORIZING OCCUPANCY OF A DWELL-
 ING  AS  A CLASS B HOTEL, WHEN SUCH DWELLING IS LOCATED IN A CITY WITH A
 POPULATION OF ONE MILLION OR MORE, SHALL  ALSO  AUTHORIZE  OCCUPANCY  OF
 UNITS IN SUCH DWELLING FOR PERMANENT RESIDENCE PURPOSES, WHERE: (A) SUCH
 UNITS ARE SUBJECT TO A REGULATORY AGREEMENT WITH THE DIVISION OF HOUSING
 AND  COMMUNITY  RENEWAL,  AFFILIATED  AUTHORITIES, OR A LOCAL GOVERNMENT
 HOUSING AGENCY THAT IS ENTERED INTO ON OR BEFORE DECEMBER  THIRTY-FIRST,
 TWO  THOUSAND  TWENTY-SEVEN;  AND  (B) ANY PORTION OF SUCH A DWELLING IS
 LOCATED WITHIN A DISTRICT THAT UNDER THE  LOCAL  ZONING  REGULATIONS  OR
 ORDINANCES  PERMITS  RESIDENTIAL  USES,  OR WITHIN EIGHT HUNDRED FEET OF
 SUCH A DISTRICT, AND NOT LOCATED WITHIN AN INDUSTRIAL BUSINESS  ZONE  AS
 DEFINED  IN  THE  ADMINISTRATIVE  CODE OF THE CITY OF NEW YORK, NOTWITH-
 STANDING ANY PROVISION OF THIS CHAPTER OR OF ANY STATE LAW,  LOCAL  LAW,
 ORDINANCE, RESOLUTION OR REGULATION THAT WOULD HAVE: (I) PROHIBITED SUCH
 OCCUPANCY;  (II)  REQUIRED  A  CHANGE  OR ALTERATION TO THE DWELLING; OR
 (III) REQUIRED A NEW OR AMENDED CERTIFICATE. NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW OR REGULATION, ALL DWELLING UNITS WITHIN SUCH BUILDINGS
 SHALL  BE  SUBJECT  TO  THE  RENT  STABILIZATION LAW OF NINETEEN HUNDRED
 SIXTY-NINE AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN  SEVENTY-
 FOUR  FOR  AS  LONG  AS THE MUNICIPALITY HAS DECLARED A PUBLIC EMERGENCY
 REQUIRING THE REGULATION OF RESIDENTIAL RENTS PURSUANT  TO  THESE  LAWS.
 ANY  ALTERATIONS TO ANY SUCH DWELLING SUCH AS THE CREATION OF MULTI-ROOM
 SUITES OR THE ADDITION OF COOKING FACILITIES OR ACCESSORY  SPACES  SHALL
 COMPLY  WITH  ANY  APPLICABLE  REQUIREMENTS OF ANY STATE LAW, LOCAL LAW,
 ORDINANCE,  RESOLUTION  OR  REGULATION  RELATING  TO  CLASS  B   HOTELS.
 PROVIDED FURTHER THAT IN THE CASE OF A PROPERTY AT WHICH ANY HOTEL WORK-
 ERS  ARE REPRESENTED BY A COLLECTIVE BARGAINING REPRESENTATIVE, PRIOR TO
 ANY AGENCY OR AUTHORITY ENTERING INTO A REGULATORY  AGREEMENT  WITH  THE
 PROPERTY  OWNER AS A PREREQUISITE TO CONVERSION, THE COLLECTIVE BARGAIN-
 ING REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE PROPOSED  CONVER-
 S. 8006                            89                            A. 9006
 
 SION,  AND  THE  PROPERTY OWNER SHALL CERTIFY TO ANY AGENCY OR AUTHORITY
 ENTERING INTO SUCH REGULATORY AGREEMENT THAT THE  COLLECTIVE  BARGAINING
 REPRESENTATIVE  HAS MUTUALLY AGREED IN A SEPARATE WRITING WITH THE PROP-
 ERTY OWNER TO UNDERTAKE THE CONVERSION SET FORTH IN THIS SECTION.
   §  3.  The  multiple  dwelling  law is amended by adding a new section
 277-a to read as follows:
   § 277-A. TEMPORARY RULES UPON LEGISLATIVE FINDINGS  OF  SPECIAL  STATE
 INTEREST.  1. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY ELIGIBLE
 CONVERSION, AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION,  FOR  WHICH
 AN  APPLICATION  FOR  A PERMIT, CONTAINING COMPLETE PLANS AND SPECIFICA-
 TIONS, IS FILED WITH THE RELEVANT LOCAL AGENCY IN ACCORDANCE WITH APPLI-
 CABLE LOCAL LAW ON OR BEFORE DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWEN-
 TY-SEVEN.
   2.  (A)  ANY  BUILDING OR PORTION OF A BUILDING IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE AND AS DESCRIBED IN THIS  SUBDIVISION  MAY
 BE CONVERTED TO A CLASS A MULTIPLE DWELLING, WITHOUT REGARD TO ANY OTHER
 PROVISION  OF  THIS  CHAPTER  OR  OTHER STATE LAW TO THE CONTRARY OR ANY
 PROVISION OF THE ZONING RESOLUTION OF THE CITY OF NEW YORK, BUT PROVIDED
 THAT WHERE THE CONVERSION RESULTS IN A CLASS A  MULTIPLE  DWELLING,  THE
 CONVERTED  BUILDING  SHALL  BE  SUBJECT  TO  A  REGULATORY AGREEMENT FOR
 AFFORDABLE OR SUPPORTIVE HOUSING WITH THE DIVISION OF HOUSING AND COMMU-
 NITY RENEWAL, AFFILIATED AUTHORITIES,  OR  A  LOCAL  GOVERNMENT  HOUSING
 AGENCY.
   (B)  THE  PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO THE FOLLOWING:
 (I) ANY BUILDING OR PORTION THEREOF EXISTING ON JANUARY FIRST,  NINETEEN
 HUNDRED  EIGHTY,  THAT,  AS  OF  THE EFFECTIVE DATE OF THIS SECTION, WAS
 LAWFULLY OPERATED AS COMMERCIAL OFFICES; OR (II) ANY BUILDING OR PORTION
 THEREOF WHERE CONSTRUCTION WAS COMPLETED ON  OR  AFTER  JANUARY  SECOND,
 NINETEEN  HUNDRED  EIGHTY,  PURSUANT  TO  A VALID TEMPORARY OR PERMANENT
 CERTIFICATE OF OCCUPANCY, WAS  ALLOWED  TO  BE  OPERATED  AS  COMMERCIAL
 OFFICES AND SUCH BUILDING IS LOCATED IN THE AREA BEGINNING AT A POINT AT
 THE  INTERSECTION OF THE EXTENSION OF THE SOUTH LINE OF WEST 60TH STREET
 WITH THE U.S.  PIERHEAD LINE ON BEGINNING AT A POINT AT THE INTERSECTION
 OF THE EXTENSION OF THE SOUTH LINE OF WEST 60TH  STREET  WITH  THE  U.S.
 PIERHEAD LINE ON THE EAST SIDE OF THE HUDSON RIVER AND RUNS THENCE ALONG
 THE EXTENSION OF THE SOUTH LINE OF THE EAST SIDE OF THE HUDSON RIVER AND
 RUNS  THENCE  ALONG  THE EXTENSION OF THE SOUTH LINE OF WEST 60TH STREET
 AND ALONG THE SOUTH LINE OF WEST 60TH STREET AND ALONG THE SOUTH LINE OF
 EAST 60TH STREET AND ALONG THE EXTENSION OF THE SOUTH LINE OF EAST  60TH
 STREET  TO  THE  U.S.  PIERHEAD LINE ON THE WEST SIDE OF THE EAST RIVER,
 THENCE ALONG THE U.S. PIERHEAD LINE ON THE WEST SIDE OF THE  EAST  RIVER
 SOUTHERLY  TO  ITS  INTERSECTION WITH THE U.S. PIERHEAD LINE ON THE EAST
 SIDE OF THE HUDSON RIVER, THENCE IN A NORTHERLY DIRECTION ALONG THE U.S.
 PIERHEAD LINE ON THE EAST SIDE OF THE  HUDSON  RIVER  TO  THE  POINT  OF
 BEGINNING.
   3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
 CONVERSION  PURSUANT  TO THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS
 OF SECTION TWO  HUNDRED  SEVENTY-SEVEN  OF  THIS  ARTICLE,  EXCEPT  THAT
 SUBPARAGRAPH D OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION SEVEN
 OF SUCH SECTION SHALL BE MODIFIED TO NOT REQUIRE A DWELLING UNIT TO BE A
 MINIMUM OF TWELVE HUNDRED SQUARE FEET, AND EXCEPT THAT SUBPARAGRAPH F OF
 SUBPARAGRAPH  (I)  OF PARAGRAPH (B) OF SUBDIVISION SEVEN OF SUCH SECTION
 SHALL BE MODIFIED TO PROVIDE THAT ANY  YARDS  OR  COURTS  ONTO  WHICH  A
 WINDOW OPENS PURSUANT TO SUCH SUBPARAGRAPH (I) MAY BE EXISTING OR NEW IN
 BUILDINGS  OF  ANY  HEIGHT, AND EXCEPT THAT THE RESTRICTIONS ON ENLARGE-
 MENTS IN PARAGRAPH (D) OF SUBDIVISION SEVEN OF  SUCH  SECTION  SHALL  BE
 S. 8006                            90                            A. 9006
 
 UNDERSTOOD  TO APPLY TO ANY INCREASE IN VOLUME OR FLOOR AREA OF A BUILD-
 ING OR PORTION THEREOF THAT IS CONVERTED PURSUANT TO THIS SECTION.
   (B) ANY LOCAL LAWS, ORDINANCES, RESOLUTIONS OR REGULATIONS PROMULGATED
 AFTER  THE  EFFECTIVE  DATE  OF  THIS SECTION, INCLUDING FOR PURPOSES OF
 EXTENDING OR MODIFYING THE APPLICATION OF BUILDING  CODES,  CONSTRUCTION
 CODES  OR  OTHER  LOCAL LAWS TO ANY CONVERSIONS ALLOWED PURSUANT TO THIS
 SECTION, SHALL BE CONSONANT WITH THE  MANDATE  AND  INTENTIONS  OF  THIS
 SECTION.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART EE
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Transit Oriented Development act of 2022".
   § 2. The general city law is amended by adding a new section  20-h  to
 read as follows:
   §  20-H.  TRANSIT  ORIENTED  DEVELOPMENT.  1.  (A) NOTWITHSTANDING THE
 PROVISIONS OF ANY  GENERAL,  SPECIAL,  CHARTER,  LOCAL,  OR  OTHER  LAW,
 INCLUDING  THE  COMMON LAW, TO THE CONTRARY, ALL CITIES SHALL PERMIT THE
 CONSTRUCTION AND OCCUPATION OF DWELLING UNITS WITH A DENSITY OF AT LEAST
 TWENTY-FIVE DWELLING UNITS PER ACRE, ON  ANY  LAND  WHEREIN  RESIDENTIAL
 CONSTRUCTION AND OCCUPATION IS OTHERWISE PERMITTED IF SUCH LAND IS WITH-
 IN ONE-HALF MILE OF ANY COVERED TRANSPORTATION FACILITY.
   (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, A "COVERED TRANSPORTATION
 CENTER" SHALL BE DEFINED AS:
   (I) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED  BY  THE  NEW
 JERSEY TRANSIT CORPORATION, OR THE  METROPOLITAN  TRANSPORTATION AUTHOR-
 ITY  AND  ITS  AFFILIATED  OR SUBSIDIARY AUTHORITIES, INCLUDING, BUT NOT
 LIMITED TO, THE METRO-NORTH RAILROAD AND  THE  PORT  AUTHORITY   OF  NEW
 YORK  AND  NEW JERSEY, BUT NOT INCLUDING THE LONG ISLAND RAILROAD, WHERE
 SUCH STATION IS NOT OPERATED ON A SEASONAL BASIS  AND  SUCH  STATION  IS
 LOCATED  BETWEEN  ONE-HALF MILE AND SIXTY MILES FROM THE  NEAREST BORDER
 OF A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEAS-
 URED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO   SUCH   RAIL
 STATION; OR
   (II)  ANY  BUS  STOP  OR  STATION  WITH  DESIGNATED PARKING FOR RIDERS
 LOCATED BETWEEN ONE-HALF MILE AND   SIXTY   MILES   FROM   THE   NEAREST
 BORDER  OF  A  CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE AS
 MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH  BUS
 STOP OR STATION; OR
   (III) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE LONG
 ISLAND  RAILROAD  THAT  IS  NOT  LOCATED WITHIN A CITY WITH A POPULATION
 GREATER THAN ONE MILLION PEOPLE.
   2. NO CITY SHALL IMPOSE  RESTRICTIONS  THAT  EFFECTIVELY  PREVENT  THE
 CONSTRUCTION OR OCCUPATION OF SUCH DWELLINGS, INCLUDING, BUT NOT LIMITED
 TO  HEIGHT,  SETBACKS,  FLOOR  AREA  RATIOS, OR PARKING. NOTHING IN THIS
 SECTION SHALL BE INTERPRETED TO OVERRIDE THE  NEW  YORK  STATE  ENVIRON-
 MENTAL  QUALITY REVIEW ACT OR THE NEW YORK STATE UNIFORM FIRE PREVENTION
 AND BUILDING CODE ACT, OR REGULATIONS PROMULGATED IN ACCORDANCE WITH ANY
 SUCH ACT, NOR REQUIRE THE ALTERATION OR DEMOLITION OF  BUILDINGS  DESIG-
 NATED  AS  HISTORICAL  SITES  AS  OF  THE DATE THE ACT THAT CREATED THIS
 SECTION WAS ENACTED PURSUANT TO THE NEW YORK STATE HISTORIC PRESERVATION
 ACT OF 1980, AS AMENDED, OR THE NATIONAL HISTORIC  PRESERVATION  ACT  OF
 1966, AS AMENDED.
 S. 8006                            91                            A. 9006
 
   3.  A  CITY'S WRITTEN OR OTHER COMPREHENSIVE PLAN, ZONING REGULATIONS,
 SPECIAL USE  PERMIT  REGULATIONS,  SUBDIVISION  REGULATIONS,  SITE  PLAN
 REVIEW  REGULATIONS,  OR  ANY  PLANNING, ZONING, OR OTHER LAND USE TOOLS
 ENACTED UNDER THIS TITLE, THE MUNICIPAL HOME RULE LAW, OR  ANY  GENERAL,
 SPECIAL  OR  OTHER LAW, AS APPLICABLE, SHALL CONFORM TO THE REQUIREMENTS
 SET FORTH IN THIS SECTION.
   4. (A) UPON A FAILURE OF A LOCAL GOVERNMENT TO ACT UPON AN APPLICATION
 TO CONSTRUCT OR OCCUPY RESIDENCES IN ACCORDANCE WITH THIS ACT, OR DENIAL
 OF SUCH APPLICATION IN VIOLATION OF THIS SECTION, ANY PARTY AGGRIEVED BY
 ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEEDING AGAINST THE
 SUBJECT LOCAL GOVERNMENT AND THE OFFICER PURSUANT  TO  ARTICLE  SEVENTY-
 EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES, IN THE SUPREME COURT WITHIN
 THE JUDICIAL DISTRICT IN WHICH  THE  LOCAL  GOVERNMENT  OR  THE  GREATER
 PORTION  OF  THE  TERRITORY  IS  LOCATED,  TO COMPEL COMPLIANCE WITH THE
 PROVISIONS OF THIS SECTION.
   (B) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR  TO  THE
 COURT  THAT  TESTIMONY  IS  NECESSARY  FOR THE PROPER DISPOSITION OF THE
 MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.   ALTERNA-
 TIVELY,  THE  COURT  MAY  APPOINT  A HEARING OFFICER PURSUANT TO ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH  THE  HEARING  OFFI-
 CER'S  FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
 PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT  SHALL
 BE  MADE.    THE  COURT  MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY
 MODIFY ANY DECISION BROUGHT TO THE COURT FOR REVIEW.
   (C) COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL  GOVERNMENT  AND  THE
 OFFICER  WHOSE  FAILURE  OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING,
 UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL  GOVERNMENT  AND  ITS
 OFFICER ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE.
   §  3. The town law is amended by adding a new section 261-d to read as
 follows:
   § 261-D. TRANSIT ORIENTED DEVELOPMENT.   1.  (A)  NOTWITHSTANDING  THE
 PROVISIONS  OF  ANY  GENERAL,  SPECIAL,  CHARTER,  LOCAL,  OR OTHER LAW,
 INCLUDING THE COMMON LAW, TO THE CONTRARY, ALL TOWNS  SHALL  PERMIT  THE
 CONSTRUCTION  AND OCCUPATION OF DWELLING UNITS WITH A DENSITY OF TWENTY-
 FIVE DWELLING UNITS PER ACRE OR MORE, ON ANY  LAND  WHEREIN  RESIDENTIAL
 CONSTRUCTION AND OCCUPATION IS OTHERWISE PERMITTED IF SUCH LAND IS WITH-
 IN ONE-HALF MILE OF ANY COVERED TRANSPORTATION FACILITY.
   (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, A "COVERED TRANSPORTATION
 CENTER" SHALL BE DEFINED AS:
   (I) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED  BY  THE  NEW
 JERSEY TRANSIT CORPORATION, OR THE  METROPOLITAN  TRANSPORTATION AUTHOR-
 ITY  AND  ITS  AFFILIATED  OR SUBSIDIARY AUTHORITIES, INCLUDING, BUT NOT
 LIMITED TO, THE METRO-NORTH RAILROAD AND  THE  PORT  AUTHORITY   OF  NEW
 YORK   AND NEW JERSEY, BUT NOT INCLUDING THE LONG ISLAND RAILROAD, WHERE
 SUCH STATION IS NOT OPERATED ON A SEASONAL BASIS  AND  SUCH  STATION  IS
 LOCATED  BETWEEN  ONE-HALF MILE AND SIXTY MILES FROM THE  NEAREST BORDER
 OF  A  CITY  WITH  A POPULATION OF GREATER THAN ONE MILLION  PEOPLE,  AS
 MEASURED  ON  A STRAIGHT LINE FROM SUCH CITY'S  NEAREST  BORDER TO  SUCH
 RAIL STATION; OR
   (II) ANY BUS STOP  OR  STATION  WITH  DESIGNATED  PARKING  FOR  RIDERS
 LOCATED  BETWEEN  ONE-HALF MILE AND   SIXTY   MILES   FROM  THE  NEAREST
 BORDER OF A CITY WITH A POPULATION GREATER THAN ONE  MILLION  PEOPLE  AS
 MEASURED  ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH BUS
 STOP OR STATION; OR
 S. 8006                            92                            A. 9006
 
   (III) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE LONG
 ISLAND RAILROAD THAT IS NOT LOCATED WITHIN  A  CITY  WITH  A  POPULATION
 GREATER THAN ONE MILLION PEOPLE.
   2.  NO  TOWN  SHALL  IMPOSE  RESTRICTIONS THAT EFFECTIVELY PREVENT THE
 CONSTRUCTION OR OCCUPATION OF SUCH DWELLINGS, INCLUDING, BUT NOT LIMITED
 TO HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING.    NOTHING  IN  THIS
 SECTION  SHALL  BE  INTERPRETED  TO OVERRIDE THE NEW YORK STATE ENVIRON-
 MENTAL QUALITY REVIEW ACT OR THE NEW YORK STATE UNIFORM FIRE  PREVENTION
 AND BUILDING CODE ACT, OR REGULATIONS PROMULGATED IN ACCORDANCE WITH ANY
 SUCH  ACT,  NOR REQUIRE THE ALTERATION OR DEMOLITION OF BUILDINGS DESIG-
 NATED AS HISTORICAL SITES AS OF THE  DATE  THE  ACT  THAT  CREATED  THIS
 SECTION WAS ENACTED PURSUANT TO THE NEW YORK STATE HISTORIC PRESERVATION
 ACT  OF  1980,  AS AMENDED, OR THE NATIONAL HISTORIC PRESERVATION ACT OF
 1966, AS AMENDED.
   3. A TOWN'S WRITTEN COMPREHENSIVE PLAN,  ZONING  REGULATIONS,  SPECIAL
 USE  PERMIT REGULATIONS, SUBDIVISION REGULATIONS, SITE PLAN REVIEW REGU-
 LATIONS, OR ANY PLANNING, ZONING, OR OTHER LAND USE TOOLS ENACTED  UNDER
 THIS  TITLE,  THE  MUNICIPAL  HOME  RULE LAW, OR ANY GENERAL, SPECIAL OR
 OTHER LAW, AS APPLICABLE, SHALL CONFORM TO THE REQUIREMENTS SET FORTH IN
 THIS SECTION.
   4. (A) UPON A FAILURE OF A LOCAL GOVERNMENT TO ACT UPON AN APPLICATION
 TO CONSTRUCT OR OCCUPY RESIDENCES IN ACCORDANCE WITH THIS ACT, OR DENIAL
 OF SUCH APPLICATION IN VIOLATION OF THIS SECTION, ANY PARTY AGGRIEVED BY
 ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEEDING AGAINST THE
 SUBJECT LOCAL GOVERNMENT AND THE OFFICER PURSUANT  TO  ARTICLE  SEVENTY-
 EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES, IN THE SUPREME COURT WITHIN
 THE JUDICIAL DISTRICT IN WHICH  THE  LOCAL  GOVERNMENT  OR  THE  GREATER
 PORTION  OF  THE  TERRITORY  IS  LOCATED,  TO COMPEL COMPLIANCE WITH THE
 PROVISIONS OF THIS SECTION.
   (B) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR  TO  THE
 COURT  THAT  TESTIMONY  IS  NECESSARY  FOR THE PROPER DISPOSITION OF THE
 MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.   ALTERNA-
 TIVELY,  THE  COURT  MAY  APPOINT  A HEARING OFFICER PURSUANT TO ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH  THE  HEARING  OFFI-
 CER'S  FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
 PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT  SHALL
 BE  MADE.    THE  COURT  MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY
 MODIFY ANY DECISION BROUGHT TO THE COURT FOR REVIEW.
   (C) COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL  GOVERNMENT  AND  THE
 OFFICER  WHOSE  FAILURE  OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING,
 UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL  GOVERNMENT  AND  ITS
 OFFICER ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE.
   §  4.  The  village  law is amended by adding a new section 7-700-a to
 read as follows:
   § 7-700-A TRANSIT ORIENTED DEVELOPMENT.   1. (A)  NOTWITHSTANDING  THE
 PROVISIONS  OF  ANY  GENERAL,  SPECIAL,  CHARTER,  LOCAL,  OR OTHER LAW,
 INCLUDING THE COMMON LAW, TO THE CONTRARY, ALL VILLAGES SHALL PERMIT THE
 CONSTRUCTION AND OCCUPATION OF DWELLING UNITS WITH A DENSITY OF AT LEAST
 TWENTY-FIVE DWELLING UNITS PER ACRE, ON  ANY  LAND  WHEREIN  RESIDENTIAL
 CONSTRUCTION AND OCCUPATION IS OTHERWISE PERMITTED IF SUCH LAND IS WITH-
 IN ONE-HALF MILE OF ANY COVERED TRANSPORTATION FACILITY.
   (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, A "COVERED TRANSPORTATION
 CENTER" SHALL BE DEFINED AS:
   (I) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED  BY  THE  NEW
 JERSEY TRANSIT CORPORATION, OR THE  METROPOLITAN  TRANSPORTATION AUTHOR-
 S. 8006                            93                            A. 9006
 
 ITY  AND  ITS  AFFILIATED  OR SUBSIDIARY AUTHORITIES, INCLUDING, BUT NOT
 LIMITED TO, THE METRO-NORTH RAILROAD AND  THE  PORT  AUTHORITY   OF  NEW
 YORK   AND NEW JERSEY, BUT NOT INCLUDING THE LONG ISLAND RAILROAD, WHERE
 SUCH  STATION  IS  NOT  OPERATED ON A SEASONAL BASIS AND SUCH STATION IS
 LOCATED BETWEEN ONE-HALF MILE AND SIXTY MILES FROM THE   NEAREST  BORDER
 OF   A   CITY  WITH  A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS
 MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S  NEAREST  BORDER TO    SUCH
 RAIL STATION; OR
   (II)  ANY  BUS  STOP  OR  STATION  WITH  DESIGNATED PARKING FOR RIDERS
 LOCATED BETWEEN ONE-HALF MILE AND   SIXTY   MILES   FROM   THE   NEAREST
 BORDER  OF  A  CITY WITH A POPULATION GREATER THAN ONE MILLION PEOPLE AS
 MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH  BUS
 STOP OR STATION; OR
   (III) ANY RAIL STATION OWNED, OPERATED OR OTHERWISE SERVED BY THE LONG
 ISLAND  RAILROAD  THAT  IS  NOT  LOCATED WITHIN A CITY WITH A POPULATION
 GREATER THAN ONE MILLION PEOPLE.
   2. NO VILLAGE SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY  PREVENT  THE
 CONSTRUCTION OR OCCUPATION OF SUCH DWELLINGS, INCLUDING, BUT NOT LIMITED
 TO  HEIGHT,  SETBACKS,  FLOOR  AREA RATIOS, OR PARKING.  NOTHING IN THIS
 SECTION SHALL BE INTERPRETED TO OVERRIDE THE  NEW  YORK  STATE  ENVIRON-
 MENTAL  QUALITY REVIEW ACT OR THE NEW YORK STATE UNIFORM FIRE PREVENTION
 AND BUILDING CODE ACT, OR REGULATIONS PROMULGATED IN ACCORDANCE WITH ANY
 SUCH ACT, NOR REQUIRE THE ALTERATION OR DEMOLITION OF  BUILDINGS  DESIG-
 NATED  AS  HISTORICAL  SITES  AS  OF  THE DATE THE ACT THAT CREATED THIS
 SECTION WAS ENACTED PURSUANT TO THE NEW YORK STATE HISTORIC PRESERVATION
 ACT OF 1980, AS AMENDED, OR THE NATIONAL HISTORIC  PRESERVATION  ACT  OF
 1966, AS AMENDED.
   3.  A  VILLAGE'S  WRITTEN  OR  OTHER  COMPREHENSIVE PLAN, ZONING REGU-
 LATIONS, SPECIAL USE PERMIT REGULATIONS, SUBDIVISION  REGULATIONS,  SITE
 PLAN  REVIEW  REGULATIONS,  OR ANY OTHER PLANNING, ZONING, OR OTHER LAND
 USE TOOLS ENACTED UNDER THIS ARTICLE, THE MUNICIPAL HOME  RULE  LAW,  OR
 ANY  GENERAL,  SPECIAL OR OTHER LAW, AS APPLICABLE, SHALL CONFORM TO THE
 REQUIREMENTS SET FORTH IN THIS SECTION.
   4. (A) UPON A FAILURE OF A LOCAL GOVERNMENT TO ACT UPON AN APPLICATION
 TO CONSTRUCT OR OCCUPY RESIDENCES IN ACCORDANCE WITH THIS ACT, OR DENIAL
 OF SUCH APPLICATION IN VIOLATION OF THIS SECTION, ANY PARTY AGGRIEVED BY
 ANY SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL PROCEEDING AGAINST THE
 SUBJECT LOCAL GOVERNMENT AND THE OFFICER PURSUANT  TO  ARTICLE  SEVENTY-
 EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES, IN THE SUPREME COURT WITHIN
 THE JUDICIAL DISTRICT IN WHICH  THE  LOCAL  GOVERNMENT  OR  THE  GREATER
 PORTION  OF  THE  TERRITORY  IS  LOCATED,  TO COMPEL COMPLIANCE WITH THE
 PROVISIONS OF THIS SECTION.
   (B) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR  TO  THE
 COURT  THAT  TESTIMONY  IS  NECESSARY  FOR THE PROPER DISPOSITION OF THE
 MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.   ALTERNA-
 TIVELY,  THE  COURT  MAY  APPOINT  A HEARING OFFICER PURSUANT TO ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH  THE  HEARING  OFFI-
 CER'S  FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
 PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT  SHALL
 BE  MADE.    THE  COURT  MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY
 MODIFY ANY DECISION BROUGHT TO THE COURT FOR REVIEW.
   (C) COSTS SHALL NOT BE ALLOWED AGAINST THE LOCAL  GOVERNMENT  AND  THE
 OFFICER  WHOSE  FAILURE  OR REFUSAL GAVE RISE TO THE SPECIAL PROCEEDING,
 UNLESS IT SHALL APPEAR TO THE COURT THAT THE LOCAL  GOVERNMENT  AND  ITS
 OFFICER ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE.
 S. 8006                            94                            A. 9006
 
   §  5.  This act shall take effect two years after the date on which it
 shall have become a law.
 
                                  PART FF

   Section  1.  Short  title. This act shall be known and may be cited as
 the "Fair Chance: Reforming the Use of Credit Checks in Tenant Screening
 Act".
   § 2. The real property law is amended by adding a new section 227-g to
 read as follows:
   § 227-G. CREDIT CHECKS IN TENANT SCREENING. 1. NO LANDLORD OF A  RESI-
 DENTIAL  PREMISES  SHALL  REFUSE TO RENT OR OFFER A LEASE TO A POTENTIAL
 TENANT DUE TO A POTENTIAL TENANT'S CONSUMER CREDIT HISTORY OR SCORE,  OR
 LACK THEREOF, IF THE POTENTIAL TENANT:
   (A)  MADE FULL RENT PAYMENTS WITHIN FIVE DAYS OF THE DATE THE RENT WAS
 DUE FOR EACH OF THE TWELVE MONTHS IMMEDIATELY PRECEDING  THE  SUBMISSION
 OF  THE  POTENTIAL  TENANT'S RENTAL APPLICATION; PROVIDED, HOWEVER, THAT
 FOR RENTAL APPLICATIONS SUBMITTED DURING OR PRIOR TO JUNE, TWO  THOUSAND
 TWENTY-TWO,  MISSED  OR LATE RENTAL PAYMENTS THAT ACCRUED BETWEEN MARCH,
 TWO THOUSAND TWENTY AND JUNE,  TWO  THOUSAND  TWENTY-ONE  SHALL  NOT  BE
 CONSIDERED CAUSE TO DENY AN APPLICATION. IN LIEU OF PAYMENTS DURING SUCH
 EXEMPTED  TIME  PERIOD,  A  POTENTIAL TENANT MAY USE PAYMENTS MADE IMME-
 DIATELY PRIOR TO MARCH OF TWO  THOUSAND  TWENTY  TO  DEMONSTRATE  TWELVE
 MONTHS OF CONSECUTIVE TIMELY RENTAL PAYMENTS;
   (B) IS THE RECIPIENT OF OR A BENEFICIARY OF GOVERNMENT PROVIDED SUBSI-
 DY OR PROGRAM THAT IS PAID DIRECTLY TO THE LANDLORD AND PAYS THE MONTHLY
 RENT IN ITS ENTIRETY;
   (C)  HAS  A  CREDIT  HISTORY  OR  REPORT  WHEREIN  ANY  DELINQUENCIES,
 COLLECTIONS, MONEY JUDGMENTS, LIENS OR OTHER DETRIMENTAL INFORMATION ARE
 SOLELY DUE TO MEDICAL OR STUDENT LOAN DEBT; OR
   (D)  HAS  A  CREDIT  HISTORY  OR  REPORT  WHEREIN  ANY  DELINQUENCIES,
 COLLECTIONS, MONEY JUDGMENTS, LIENS OR OTHER DETRIMENTAL INFORMATION ARE
 THE DIRECT RESULT OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
 OR STALKING.
   2.  IF  A POTENTIAL LESSOR INTENDS TO DENY A POTENTIAL LESSEE'S RENTAL
 APPLICATION DUE TO CREDIT HISTORY OR SCORE, SUCH LESSOR MUST INFORM  THE
 POTENTIAL  LESSEE  OF  THE REASONS FOR THE DENIED APPLICATION IN WRITING
 AND PROVIDE THE POTENTIAL LESSEE WITH AN OPPORTUNITY TO DEMONSTRATE THAT
 ANY OF THE CONDITIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION APPLY
 TO THEM WITHIN FIVE DAYS OF RECEIVING SUCH WRITTEN APPLICATION DENIAL.
   3. THERE SHALL BE  A  REBUTTABLE  PRESUMPTION  THAT  A  PERSON  IS  IN
 VIOLATION  OF  THIS SECTION IF IT IS ESTABLISHED THAT THE LESSOR REFUSED
 TO RENT OR OFFER A  LEASE  TO  A  POTENTIAL  TENANT  AFTER  SUCH  LESSOR
 REQUESTED  CREDIT  REPORT  INFORMATION  AND  THE POTENTIAL TENANT DEMON-
 STRATED THAT ANY OF THE CONDITIONS SET FORTH IN SUBDIVISION ONE OF  THIS
 SECTION APPLIED TO THEM.
   4. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
 TORY  TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
 AGENT OR EMPLOYEE THEREOF HAS VIOLATED THIS SECTION, HE OR SHE MAY BRING
 AN ACTION OR SPECIAL PROCEEDING IN THE  SUPREME  COURT  FOR  A  JUDGMENT
 ENJOINING  THE  CONTINUANCE OF SUCH VIOLATION AND FOR A CIVIL PENALTY OF
 NOT LESS THAN FIVE HUNDRED DOLLARS,  BUT  NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS FOR EACH VIOLATION.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 S. 8006                            95                            A. 9006
 
                                  PART GG
 
   Section  1. The executive law is amended by adding a new section 202-a
 to read as follows:
   § 202-A. LANGUAGE TRANSLATION SERVICES.  1.  EACH  STATE  AGENCY  THAT
 PROVIDES  DIRECT  PUBLIC  SERVICES IN NEW YORK STATE SHALL TRANSLATE ALL
 VITAL DOCUMENTS RELEVANT TO SERVICES OFFERED BY THE AGENCY INTO THE  TEN
 MOST  COMMON  NON-ENGLISH LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT
 INDIVIDUALS IN THE STATE, BASED ON THE DATA IN THE MOST RECENT  AMERICAN
 COMMUNITY  SURVEY  PUBLISHED  BY  UNITED  STATES CENSUS BUREAU. AGENCIES
 SUBJECT TO THIS SECTION, IN THEIR DISCRETION, SHALL OFFER AT  LEAST  TWO
 ADDITIONAL   LANGUAGES  BEYOND  THE  TEN  MOST  COMMON  LANGUAGES.  SUCH
 LANGUAGES SHALL BE DECIDED BY THE  STATE  AGENCY  AND  APPROVED  BY  THE
 OFFICE  OF  GENERAL  SERVICES BASED ON THE POPULATION OF LIMITED-ENGLISH
 PROFICIENT INDIVIDUALS SERVED BY  THE  AGENCY,  FEEDBACK  FROM  IMPACTED
 COMMUNITY  OR  ADVOCACY  GROUPS,  THE GEOGRAPHIC REGION WITHIN WHICH THE
 SERVICES ARE OFFERED, ANY OTHER RELEVANT DATA PUBLISHED  BY  THE  UNITED
 STATES CENSUS BUREAU.
   2.  EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DESIG-
 NATE A LANGUAGE ACCESS COORDINATOR WHO WILL  WORK  WITH  THE  OFFICE  OF
 GENERAL  SERVICES  TO  ENSURE  COMPLIANCE  WITH THE REQUIREMENTS OF THIS
 SECTION.
   3. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DEVELOP
 A LANGUAGE ACCESS PLAN AND SUBMIT SUCH PLAN TO  THE  OFFICE  OF  GENERAL
 SERVICES.
   (A)  AN  AGENCY'S  INITIAL LANGUAGE ACCESS PLAN SHALL BE ISSUED BY THE
 AGENCY WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   (B) LANGUAGE ACCESS PLANS SHALL BE  UPDATED  AND  REISSUED  EVERY  TWO
 YEARS ON OR BEFORE JANUARY FIRST.
   (C) LANGUAGE ACCESS PLANS SHALL SET FORTH, AT A MINIMUM:
   (I)  WHEN  AND  BY  WHAT  MEANS  THE AGENCY WILL PROVIDE OR IS ALREADY
 PROVIDING LANGUAGE ASSISTANCE SERVICES;
   (II)  THE  TITLES  OF  ALL  AVAILABLE  TRANSLATED  DOCUMENTS  AND  THE
 LANGUAGES INTO WHICH THEY HAVE BEEN TRANSLATED;
   (III)  THE  NUMBER  OF  PUBLIC CONTACT POSITIONS IN THE AGENCY AND THE
 NUMBER OF BILINGUAL EMPLOYEES  IN  PUBLIC  CONTACT  POSITIONS,  AND  THE
 LANGUAGES SUCH EMPLOYEES SPEAK;
   (IV)  A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT MINIMUM,
 ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AGENCY AND TRAIN-
 ING IN HOW TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
   (V) A PLAN FOR ANNUAL INTERNAL MONITORING OF THE  AGENCY'S  COMPLIANCE
 WITH THIS SECTION;
   (VI)  A  DESCRIPTION OF HOW THE AGENCY INTENDS TO NOTIFY THE PUBLIC OF
 THE AGENCY'S OFFERED LANGUAGE ASSISTANT SERVICES;
   (VII) AN ASSESSMENT OF THE AGENCY'S SERVICE POPULATIONS  TO  DETERMINE
 WHETHER  ADDITIONAL  LANGUAGES OF TRANSLATION SHOULD BE ADDED BEYOND THE
 TOP TEN LANGUAGES;
   (VIII) AN EXPLANATION AS TO HOW THE AGENCY DETERMINED IT WOULD PROVIDE
 ANY ADDITIONAL LANGUAGE BEYOND THE TOP TEN LANGUAGES  REQUIRED  BY  THIS
 SECTION; AND
   (IX) THE IDENTITY OF THE AGENCY'S LANGUAGE ACCESS COORDINATOR.
   4. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL:
   (A) PROVIDE INTERPRETATION SERVICES BETWEEN THE AGENCY AND AN INDIVID-
 UAL  IN EACH INDIVIDUAL'S PRIMARY LANGUAGE WITH RESPECT TO THE PROVISION
 OF SERVICES OR BENEFITS BY THE AGENCY; AND
   (B) PUBLISH THE AGENCY'S LANGUAGE ACCESS PLAN ON THE AGENCY'S WEBSITE.
 S. 8006                            96                            A. 9006
 
   5. FOR PURPOSES OF THIS SECTION, "VITAL DOCUMENT" MEANS ANY  PAPER  OR
 DIGITAL  DOCUMENT THAT CONTAINS INFORMATION THAT IS CRITICAL FOR OBTAIN-
 ING AGENCY SERVICES OR BENEFITS OR IS OTHERWISE REQUIRED TO BE COMPLETED
 BY LAW.
   6.  THE  OFFICE OF GENERAL SERVICES WILL ENSURE AGENCY COMPLIANCE WITH
 THIS SECTION AND SHALL PREPARE AN ANNUAL REPORT,  WHICH  SHALL  BE  MADE
 PUBLIC  ON  THE OFFICE OF GENERAL SERVICES WEBSITE, DETAILING EACH AGEN-
 CY'S PROGRESS AND COMPLIANCE WITH THIS SECTION.
   § 2. This act shall take effect July 1, 2022.
 
                                  PART HH
 
   Section 1. Section 211 of the retirement and social  security  law  is
 amended by adding a new subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION,  SECTIONS TWO
 HUNDRED TWELVE AND FOUR HUNDRED ONE OF THIS  CHAPTER  AND  SECTION  FIVE
 HUNDRED  THREE OF THE EDUCATION LAW AND ANY OTHER LAW, REGULATION, RULE,
 LOCAL LAW, OR CHARTER TO THE CONTRARY, A RETIRED PERSON MAY BE  EMPLOYED
 AND  EARN  COMPENSATION IN A POSITION OR POSITIONS IN A PUBLIC SCHOOL IN
 THE STATE WITHOUT ANY EFFECT ON HIS OR HER STATUS AS RETIRED AND WITHOUT
 SUSPENSION OR DIMINUTION OF HIS OR HER RETIREMENT ALLOWANCE AND  WITHOUT
 PRIOR  APPROVAL  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION. EARNINGS
 RECEIVED AS A RESULT OF EMPLOYMENT IN A PUBLIC SCHOOL IN THE STATE SHALL
 NOT BE APPLIED TO A RETIRED PERSON'S EARNINGS WHEN CALCULATING THE EARN-
 INGS LIMITATIONS IMPOSED BY SUBDIVISIONS ONE  AND  TWO  OF  SECTION  TWO
 HUNDRED TWELVE OF THIS ARTICLE.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed June 30, 2024.
 
                                  PART II
 
   Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 485-w to read as follows:
   §  485-W.  AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE.  1.
 DEFINITIONS.  FOR PURPOSES OF THIS SECTION:
   (A) "AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX  INCENTIVE  BENEFITS
 (HEREINAFTER  REFERRED  TO  AS  "ANNY PROGRAM BENEFITS")" SHALL MEAN THE
 EXEMPTION FROM REAL PROPERTY TAXATION PURSUANT TO THIS SECTION.
   (B) "AFFORDABILITY OPTION A" SHALL  MEAN  THAT,  WITHIN  ANY  ELIGIBLE
 MULTIPLE  DWELLING:  (I) NOT LESS THAN TEN PERCENT OF THE DWELLING UNITS
 ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (II) NOT LESS THAN AN  ADDI-
 TIONAL  TEN  PERCENT  OF THE DWELLING UNITS ARE AFFORDABLE HOUSING SIXTY
 PERCENT UNITS; AND (III) NOT LESS THAN AN ADDITIONAL FIVE PERCENT OF THE
 DWELLING UNITS ARE AFFORDABLE HOUSING EIGHTY PERCENT UNITS.
   (C) "AFFORDABILITY OPTION B" SHALL  MEAN  THAT,  WITHIN  ANY  ELIGIBLE
 MULTIPLE  DWELLING,  NOT  LESS THAN TWENTY PERCENT OF THE DWELLING UNITS
 ARE AFFORDABLE HOUSING NINETY PERCENT UNITS.
   (D) "AFFORDABILITY OPTION C"  SHALL  ONLY  APPLY  TO  A  HOMEOWNERSHIP
 PROJECT,  OF  WHICH ONE HUNDRED PERCENT OF THE UNITS SHALL, UPON INITIAL
 SALE IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE AND UPON EACH  SUBSE-
 QUENT  SALE  FOR  FORTY  YEARS  IMMEDIATELY SUBSEQUENT TO THE COMPLETION
 DATE, BE AFFORDABLE TO INDIVIDUALS OR FAMILIES  WHOSE  HOUSEHOLD  INCOME
 DOES  NOT  EXCEED  ONE HUNDRED THIRTY PERCENT OF THE AREA MEDIAN INCOME,
 ADJUSTED FOR FAMILY SIZE, AND WHERE EACH OWNER OF ANY  SUCH  UNIT  SHALL
 AGREE,  IN WRITING, TO MAINTAIN SUCH UNIT AS THEIR PRIMARY RESIDENCE FOR
 NO LESS THAN FIVE YEARS FROM THE ACQUISITION  OF  SUCH  UNIT,  AND  SUCH
 S. 8006                            97                            A. 9006

 PROJECT  IS SUBJECT TO A REGULATORY AGREEMENT WITH A CITY OR STATE AGEN-
 CY.
   (E) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF
 WHICH  IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE
 DWELLING AND THE DENOMINATOR OF WHICH IS THE TOTAL  NUMBER  OF  DWELLING
 UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING.
   (F) "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
 THAT:  (I)  IS  SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH
 ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
 EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD
 IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR  FAMILIES
 WHOSE  HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN
 INCOME, ADJUSTED FOR FAMILY  SIZE,  AT  THE  TIME  THAT  SUCH  HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT.
   (G) "AFFORDABLE HOUSING SIXTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
 THAT:  (I)  IS  SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH
 ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
 EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD
 OR EXTENDED RESTRICTION PERIOD, AS  APPLICABLE,  IS  AFFORDABLE  TO  AND
 RESTRICTED  TO  OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES WHOSE HOUSEHOLD
 INCOME DOES NOT EXCEED SIXTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED
 FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH
 DWELLING UNIT.
   (H) "AFFORDABLE HOUSING EIGHTY PERCENT UNIT"  SHALL  MEAN  A  DWELLING
 UNIT  THAT:  (I)  IS  SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR
 WHICH ANNY PROGRAM BENEFITS ARE GRANTED; AND (II)  UPON  INITIAL  RENTAL
 AND   UPON  EACH  SUBSEQUENT  RENTAL  FOLLOWING  A  VACANCY  DURING  THE
 RESTRICTION PERIOD OR EXTENDED RESTRICTION  PERIOD,  AS  APPLICABLE,  IS
 AFFORDABLE  TO  AND  RESTRICTED  TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
 WHOSE HOUSEHOLD INCOME DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN
 INCOME, ADJUSTED FOR FAMILY  SIZE,  AT  THE  TIME  THAT  SUCH  HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT.
   (I)  "AFFORDABLE  HOUSING  NINETY  PERCENT UNIT" SHALL MEAN A DWELLING
 UNIT THAT: (I) IS SITUATED WITHIN THE  ELIGIBLE  MULTIPLE  DWELLING  FOR
 WHICH  ANNY  PROGRAM  BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL
 AND  UPON  EACH  SUBSEQUENT  RENTAL  FOLLOWING  A  VACANCY  DURING   THE
 RESTRICTION  PERIOD  OR  EXTENDED  RESTRICTION PERIOD, AS APPLICABLE, IS
 AFFORDABLE TO AND RESTRICTED TO OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES
 WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY PERCENT OF THE AREA MEDIAN
 INCOME,  ADJUSTED  FOR  FAMILY  SIZE,  AT  THE  TIME THAT SUCH HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT.
   (J) "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL-
 LY, AFFORDABLE HOUSING FORTY PERCENT  UNITS,  AFFORDABLE  HOUSING  SIXTY
 PERCENT  UNITS,  AFFORDABLE HOUSING EIGHTY PERCENT UNITS, AND AFFORDABLE
 HOUSING NINETY PERCENT UNITS.
   (K) "AGENCY" SHALL MEAN THE DEPARTMENT  OF  HOUSING  PRESERVATION  AND
 DEVELOPMENT.
   (L)  "ALTERNATIVE  CONSTRUCTION  WAGE  STANDARD" SHALL BE DEFINED AS A
 WAGE STANDARD FOR CONSTRUCTION WORKERS DOING CONSTRUCTION WORK THAT MAY,
 AT THE DISCRETION OF THE COMMISSIONER OF LABOR,  BE  DETERMINED  BY  THE
 COMMISSIONER  OF LABOR. IN PUBLISHING SUCH STANDARD, THE COMMISSIONER OF
 LABOR, IN CONSULTATION WITH THE COMMISSIONER OF  HOUSING  AND  COMMUNITY
 RENEWAL,  SHALL  CONSIDER  ECONOMIC INDICATORS THE COMMISSIONER OF LABOR
 DEEMS RELEVANT TO ENSURING THE ECONOMIC FEASIBILITY OF AFFORDABLE  HOUS-
 ING DEVELOPMENT.
   (M) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS.
 S. 8006                            98                            A. 9006
 
   (N) "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO THE AGGREGATE
 AMOUNT  OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO, OR ON BEHALF OF,
 CONSTRUCTION WORKERS FOR CONSTRUCTION  WORK  DIVIDED  BY  THE  AGGREGATE
 NUMBER OF HOURS OF CONSTRUCTION WORK.
   (O)  "BROOKLYN  PRIME  DEVELOPMENT  AREA"  SHALL MEAN ANY TAX LOTS NOW
 EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN COMMUNI-
 TY BOARDS ONE OR TWO OF THE BOROUGH OF BROOKLYN BOUNDED AND DESCRIBED AS
 FOLLOWS: ALL THAT PIECE OR PARCEL OF  LAND  SITUATE  AND  BEING  IN  THE
 BOROUGHS  OF  QUEENS  AND BROOKLYN, NEW YORK.  BEGINNING AT THE POINT OF
 INTERSECTION OF THE CENTERLINE OF NEWTOWN CREEK AND THE WESTERLY  BOUNDS
 OF  THE EAST RIVER; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF NEWTOWN
 CREEK, SAID CENTERLINE ALSO BEING THE BOUNDARY BETWEEN QUEENS COUNTY  TO
 THE  NORTHEAST AND KINGS COUNTY TO THE SOUTHWEST, TO THE POINT OF INTER-
 SECTION WITH GREENPOINT AVENUE; THENCE  SOUTHWESTERLY  ALONG  GREENPOINT
 AVENUE,  TO  THE  INTERSECTION  WITH KINGS LAND AVENUE; THENCE SOUTHERLY
 ALONG KINGSLAND AVENUE TO THE INTERSECTION WITH  MEEKER  AVENUE;  THENCE
 SOUTHWESTERLY  ALONG  MEEKER  AVENUE  TO  THE  INTERSECTION WITH LEONARD
 STREET; THENCE SOUTHERLY ALONG LEONARD STREET TO THE  INTERSECTION  WITH
 METROPOLITAN  AVENUE;  THENCE  WESTERLY ALONG METROPOLITAN AVENUE TO THE
 INTERSECTION WITH LORIMER STREET; THENCE SOUTHERLY ALONG LORIMER  STREET
 TO THE INTERSECTION WITH MONTROSE AVENUE; THENCE WESTERLY ALONG MONTROSE
 AVENUE  TO  THE  INTERSECTION  WITH UNION AVENUE; THENCE SOUTHERLY ALONG
 UNION AVENUE TO THE INTERSECTION WITH JOHNSON  AVENUE;  THENCE  WESTERLY
 ALONG JOHNSON AVENUE TO THE INTERSECTION WITH BROADWAY; THENCE NORTHWES-
 TERLY  ALONG  BROADWAY  TO THE INTERSECTION WITH RUTLEDGE STREET; THENCE
 SOUTHWESTERLY ALONG RUTLEDGE STREET TO THE INTERSECTION WITH KENT AVENUE
 AND CLASSON AVENUE; THENCE SOUTHWESTERLY  AND  SOUTHERLY  ALONG  CLASSON
 AVENUE  TO  THE  INTERSECTION  WITH DEKALB AVENUE; THENCE WESTERLY ALONG
 DEKALB AVENUE TO THE INTERSECTION WITH BOND STREET; THENCE SOUTHWESTERLY
 ALONG BOND STREET  TO  THE  INTERSECTION  WITH  WYCKOFF  STREET;  THENCE
 NORTHWESTERLY ALONG WYCKOFF STREET TO THE INTERSECTION WITH HOYT STREET;
 THENCE  SOUTHWESTERLY  ALONG HOYT STREET TO THE INTERSECTION WITH WARREN
 STREET; THENCE NORTHWESTERLY ALONG WARREN  STREET  TO  THE  INTERSECTION
 WITH COURT STREET; THENCE NORTHEASTERLY ALONG COURT STREET TO THE INTER-
 SECTION  WITH  ATLANTIC  AVENUE;  THENCE  NORTHWESTERLY  ALONG  ATLANTIC
 AVENUE, CROSSING UNDER THE BROOKLYN QUEENS EXPRESSWAY, TO  THE  TERMINUS
 OF  ATLANTIC AVENUE AT THE BROOKLYN BRIDGE PARK/PIER 6; THENCE NORTHWES-
 TERLY PASSING THROUGH THE BROOKLYN BRIDGE PARK TO THE  BULKHEAD  OF  THE
 EAST  RIVER AT PIER 6; THENCE IN A GENERAL NORTHEASTERLY DIRECTION ALONG
 THE EASTERLY BULKHEAD OR SHORELINE OF THE EAST RIVER TO THE INTERSECTION
 WITH THE CENTERLINE OF NEWTOWN CREEK, AND THE POINT OR PLACE  OF  BEGIN-
 NING.
   (P) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
 EMPLOYED  AT,  AND  PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
 NANCE OF, AN ELIGIBLE SITE, INCLUDING, BUT NOT LIMITED TO,  A  WATCHMAN,
 GUARD,  DOORMAN,  BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, GARDENER,
 GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND  WINDOW  CLEANER,  BUT
 NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS
 PER WEEK AT THE ELIGIBLE SITE.
   (Q)  "COMMENCEMENT  DATE"  SHALL  MEAN,  WITH  RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING, THE DATE UPON WHICH EXCAVATION  AND  CONSTRUCTION  OF
 INITIAL  FOOTINGS  AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR
 AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL  CONSTRUCTION  OF
 THE  CONVERSION,  ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING
 OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH.
 S. 8006                            99                            A. 9006
 
   (R) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE  MULTI-
 PLE  DWELLING,  THE  DATE  UPON  WHICH THE LOCAL DEPARTMENT OF BUILDINGS
 ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY  COVER-
 ING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELLING.
   (S)  "CONSTRUCTION  PERIOD"  SHALL  MEAN, WITH RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE-
 MENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR THREE YEARS  BEFORE  THE
 COMPLETION  DATE  OF SUCH ELIGIBLE MULTIPLE DWELLING; AND (II) ENDING ON
 THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE  MULTIPLE  DWELL-
 ING.
   (T)  "CONSTRUCTION  WAGE"  SHALL  MEAN,  COLLECTIVELY, THE ALTERNATIVE
 CONSTRUCTION WAGE STANDARD AND THE AVERAGE HOURLY WAGE.
   (U) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED ON
 AN ELIGIBLE SITE BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION  DATE,
 WHEREBY  MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO INITIALLY FORM,
 MAKE OR BUILD AN ELIGIBLE MULTIPLE DWELLING, INCLUDING  WITHOUT  LIMITA-
 TION,  PAINTING,  OR PROVIDING OF MATERIAL, ARTICLES, SUPPLIES OR EQUIP-
 MENT IN THE ELIGIBLE MULTIPLE DWELLING, BUT EXCLUDING SECURITY PERSONNEL
 AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES.
   (V)  "CONSTRUCTION  WORKERS"  SHALL  MEAN   ALL   PERSONS   PERFORMING
 CONSTRUCTION  WORK  WHO (I) ARE PAID ON AN HOURLY BASIS AND (II) ARE NOT
 IN A MANAGEMENT OR EXECUTIVE ROLE OR POSITION.
   (W) "CONTRACTOR CERTIFIED  PAYROLL  REPORT"  SHALL  MEAN  AN  ORIGINAL
 PAYROLL  REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE INDE-
 PENDENT MONITOR SETTING FORTH TO THE BEST OF THE  CONTRACTOR'S  OR  SUB-
 CONTRACTOR'S  KNOWLEDGE,  THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK
 PERFORMED BY CONSTRUCTION WORKERS, THE  AMOUNT  OF  WAGES  AND  EMPLOYEE
 BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.
   (X)  "ELIGIBLE  CONVERSION"  SHALL  MEAN THE CONVERSION, ALTERATION OR
 IMPROVEMENT OF A PRE-EXISTING  BUILDING  OR  STRUCTURE  RESULTING  IN  A
 MULTIPLE  DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE FLOOR
 AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE.
   (Y) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN  A  MULTIPLE  DWELLING  OR
 HOMEOWNERSHIP  PROJECT  CONTAINING  SIX  OR  MORE DWELLING UNITS CREATED
 THROUGH NEW CONSTRUCTION OR ELIGIBLE CONVERSION FOR WHICH THE  COMMENCE-
 MENT  DATE  IS  AFTER  JUNE FIFTEENTH, TWO THOUSAND TWENTY-TWO AND ON OR
 BEFORE JUNE FIFTEENTH, TWO THOUSAND  TWENTY-SEVEN,  AND  FOR  WHICH  THE
 COMPLETION DATE IS ON OR BEFORE JUNE FIFTEENTH, TWO THOUSAND THIRTY-ONE.
   (Z)  "ELIGIBLE  SITE"  SHALL  MEAN EITHER: (I) A TAX LOT CONTAINING AN
 ELIGIBLE MULTIPLE DWELLING; OR (II) A ZONING LOT CONTAINING TWO OR  MORE
 ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION.
   (AA) "EMPLOYEE BENEFITS" SHALL MEAN ALL SUPPLEMENTAL COMPENSATION PAID
 BY  THE  EMPLOYER,  ON BEHALF OF CONSTRUCTION WORKERS, OTHER THAN WAGES,
 INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS  MADE  INTO
 PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY
 COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND
 APPRENTICESHIP  TRAINING.  THE  VALUE  OF ANY EMPLOYEE BENEFITS RECEIVED
 SHALL BE DETERMINED BASED ON THE PRORATED HOURLY COST TO THE EMPLOYER OF
 THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS.
   (BB) "PRIME DEVELOPMENT AREA" SHALL MEAN THE MANHATTAN PRIME  DEVELOP-
 MENT  AREA,  THE  BROOKLYN  PRIME  DEVELOPMENT AREA AND THE QUEENS PRIME
 DEVELOPMENT AREA.
   (CC) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER  OR  OTHER  ANALOGOUS
 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (DD)  "FLOOR  AREA"  SHALL  MEAN  THE  HORIZONTAL AREAS OF THE SEVERAL
 FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO-
 S. 8006                            100                           A. 9006
 
 RY STRUCTURES ON A LOT MEASURED FROM  THE  EXTERIOR  FACES  OF  EXTERIOR
 WALLS, OR FROM THE CENTER LINE OF PARTY WALLS.
   (EE)  "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW-INCOME HOUSING
 TAX CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH  (B)
 OF  PARAGRAPH (1) OF SUBSECTION (B) OF SECTION FORTY-TWO OF THE INTERNAL
 REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
   (FF) "FORTY-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD,
 A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER  THAN
 ASSESSMENTS  FOR  LOCAL IMPROVEMENTS; AND (II) FOR THE FIRST FORTY YEARS
 OF THE RESTRICTION PERIOD, A ONE HUNDRED  PERCENT  EXEMPTION  FROM  REAL
 PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   (GG)  "HOMEOWNERSHIP  PROJECT" SHALL MEAN A MULTIPLE DWELLING OPERATED
 AS CONDOMINIUM OR COOPERATIVE HOUSING.
   (HH) "HOMEOWNERSHIP PROJECT RESTRICTION PERIOD" SHALL  MEAN  A  PERIOD
 COMMENCING  ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH ANNIVER-
 SARY OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION  OR
 REVOCATION OF ANNY PROGRAM BENEFITS.
   (II)  "INDEPENDENT  MONITOR"  SHALL MEAN AN ACCOUNTANT LICENSED AND IN
 GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE OF  THE  EDUCA-
 TION LAW.
   (JJ)  "JOB  ACTION" SHALL MEAN ANY DELAY, INTERRUPTION OR INTERFERENCE
 WITH THE CONSTRUCTION WORK CAUSED BY THE ACTIONS OF ANY LABOR  ORGANIZA-
 TION  OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE SITE, INCLUD-
 ING WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES,  WALK
 OUTS,  SLOWDOWNS,  PICKETING,  BANNERING,  HAND BILLING, DEMONSTRATIONS,
 SICKOUTS, REFUSALS TO CROSS A PICKET LINE,  REFUSALS  TO  HANDLE  STRUCK
 BUSINESS,  AND  USE  OF  THE RAT OR OTHER INFLATABLE BALLOONS OR SIMILAR
 DISPLAYS.
   (KK) "LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE  MULTIPLE  DWELLING
 CONSISTING  OF  THIRTY  OR  MORE RESIDENTIAL DWELLING UNITS IN WHICH ALL
 DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL  HOUS-
 ING.
   (LL)  "LARGE  RENTAL  PROJECT  RESTRICTION PERIOD" SHALL MEAN A PERIOD
 COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY,  NOTWITH-
 STANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROGRAM BENEFITS.
   (MM) "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX  LOTS,  NOW
 EXISTING  OR HEREAFTER CREATED, LOCATED ENTIRELY SOUTH OF 96TH STREET IN
 THE BOROUGH OF MANHATTAN.
   (NN)  "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
 DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
   (OO) "MULTIPLE DWELLING" SHALL HAVE THE  SAME  MEANING  SET  FORTH  IN
 SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   (PP)  "NON-RESIDENTIAL  TAX  LOT"  SHALL  MEAN A TAX LOT THAT DOES NOT
 CONTAIN ANY DWELLING UNITS.
   (QQ) "PROJECT  LABOR  AGREEMENT"  SHALL  MEAN  A  PRE-HIRE  COLLECTIVE
 BARGAINING  AGREEMENT  SETTING FORTH THE TERMS AND CONDITIONS OF EMPLOY-
 MENT FOR THE CONSTRUCTION WORKERS ON AN ELIGIBLE SITE.
   (RR) "PROJECT-WIDE CERTIFIED PAYROLL REPORT" SHALL  MEAN  A  CERTIFIED
 PAYROLL  REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE FISCAL OFFI-
 CER BASED ON EACH CONTRACTOR CERTIFIED PAYROLL REPORT WHICH  SETS  FORTH
 THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION
 WORKERS,  THE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION
 WORKERS FOR CONSTRUCTION WORK AND THE CONSTRUCTION WAGE.
   (SS) "QUEENS PRIME DEVELOPMENT AREA"  SHALL  MEAN  ANY  TAX  LOTS  NOW
 EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN COMMUNI-
 TY  BOARDS  ONE OR TWO OF THE BOROUGH OF QUEENS BOUNDED AND DESCRIBED AS
 S. 8006                            101                           A. 9006
 
 FOLLOWS: ALL THAT PIECE OR PARCEL OF  LAND  SITUATE  AND  BEING  IN  THE
 BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK.  BEGINNING AT THE POINT BEING
 THE  INTERSECTION OF THE EASTERLY SHORE OF THE EAST RIVER WITH A LINE OF
 PROLONGATION OF 20TH AVENUE PROJECTED NORTHWESTERLY; THENCE SOUTHEASTER-
 LY  ON  THE LINE OF PROLONGATION OF 20TH AVENUE AND ALONG 20TH AVENUE TO
 THE INTERSECTION WITH  31ST  STREET;  THENCE  SOUTHWESTERLY  ALONG  31ST
 STREET TO THE INTERSECTION WITH NORTHERN BOULEVARD; THENCE SOUTHWESTERLY
 ALONG  NORTHERN  BOULEVARD  TO  THE  INTERSECTION WITH QUEENS BOULEVARD;
 THENCE SOUTHEASTERLY ALONG QUEENS BOULEVARD TO THE INTERSECTION WITH VAN
 DAM STREET; THENCE SOUTHERLY ALONG VAN DAM STREET  TO  THE  INTERSECTION
 WITH  BORDEN  AVENUE;  THENCE  SOUTHWESTERLY ALONG VAN DAM STREET TO THE
 INTERSECTION WITH GREENPOINT AVENUE AND REVIEW AVENUE; THENCE  SOUTHWES-
 TERLY  ALONG  GREENPOINT  AVENUE  TO  THE POINT OF INTERSECTION WITH THE
 CENTERLINE OF NEWTOWN CREEK, SAID CENTERLINE OF NEWTOWN CREEK ALSO BEING
 THE BOUNDARY BETWEEN QUEENS COUNTY TO THE NORTH AND KINGS COUNTY TO  THE
 SOUTH;  THENCE NORTHWESTERLY ALONG THE CENTERLINE OF NEWTOWN CREEK, ALSO
 BEING THE BOUNDARY BETWEEN QUEENS COUNTY AND KINGS COUNTY TO ITS  INTER-
 SECTION  WITH THE EASTERLY BOUNDS OF THE EAST RIVER; THENCE IN A GENERAL
 NORTHEASTERLY DIRECTION ALONG THE EASTERLY BULKHEAD OR SHORELINE OF  THE
 EAST RIVER TO THE POINT OR PLACE OF BEGINNING.
   (TT)  "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILI-
 ZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION  CODE,
 AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS
 IN  EFFECT  AS  OF  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
 THOUSAND TWENTY-TWO THAT ADDED THIS SECTION OR  AS  AMENDED  THEREAFTER,
 TOGETHER  WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTAN-
 TIALLY THE SAME SUBJECT MATTER.
   (UU) "RENTAL PROJECT" SHALL MEAN, COLLECTIVELY, LARGE  RENTAL  PROJECT
 AND SMALL RENTAL PROJECT.
   (VV) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
 UNITS.
   (WW)  "SMALL  RENTAL PROJECT" SHALL MEAN AN ELIGIBLE MULTIPLE DWELLING
 CONSISTING OF LESS THAN THIRTY RESIDENTIAL DWELLING UNITS IN  WHICH  ALL
 DWELLING  UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUS-
 ING.
   (XX) "SMALL RENTAL PROJECT RESTRICTION PERIOD"  SHALL  MEAN  A  PERIOD
 COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE THIRTY-FIFTH ANNI-
 VERSARY  OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION
 OR REVOCATION OF ANNY PROJECT BENEFITS.
   (YY) "TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF  AN  EXEMPT
 FACILITY  BOND,  AS  DEFINED  IN  PARAGRAPH  SEVEN  OF SUBSECTION (A) OF
 SECTION ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE  OF  NINETEEN
 HUNDRED  EIGHTY-SIX,  AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM
 TAXATION UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF
 NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
   (ZZ) "THIRD-PARTY FUND ADMINISTRATOR" SHALL BE A PERSON OR ENTITY THAT
 RECEIVES FUNDS PURSUANT TO SUBDIVISION THREE OF THIS SECTION  AND  OVER-
 SEES  AND  MANAGES  THE DISBURSAL OF SUCH FUNDS TO CONSTRUCTION WORKERS.
 THE THIRD-PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY  APPROVED
 BY THE FISCAL OFFICER AND RECOMMENDED BY ONE, OR MORE, REPRESENTATIVE OR
 REPRESENTATIVES  OF  THE  LARGEST  TRADE ASSOCIATION OF RESIDENTIAL REAL
 ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY
 AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE
 LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION  WORKERS,  WITH
 MEMBERSHIP  IN  NEW YORK CITY.  THE THIRD-PARTY FUND ADMINISTRATOR SHALL
 BE APPOINTED FOR A TERM OF THREE  YEARS,  PROVIDED,  HOWEVER,  THAT  THE
 S. 8006                            102                           A. 9006
 
 ADMINISTRATOR IN PLACE AT THE END OF A THREE-YEAR TERM SHALL CONTINUE TO
 SERVE  BEYOND  THE  END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS
 APPOINTED.  THE FISCAL OFFICER AFTER PROVIDING NOTICE AND AFTER  MEETING
 WITH  THE  THIRD-PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR
 FOR CAUSE UPON A FISCAL OFFICER DETERMINATION THAT THE ADMINISTRATOR HAS
 BEEN INEFFECTIVE AT OVERSEEING OR MANAGING THE DISBURSAL OF FUNDS TO THE
 CONSTRUCTION WORKERS. THE THIRD-PARTY FUND ADMINISTRATOR SHALL,  AT  THE
 REQUEST OF THE FISCAL OFFICER, SUBMIT REPORTS TO THE FISCAL OFFICER.
   (AAA)  "THIRTY-FIVE YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION
 PERIOD, A ONE HUNDRED PERCENT EXEMPTION  FROM  REAL  PROPERTY  TAXATION,
 OTHER  THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST TWEN-
 TY-FIVE YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION
 FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL  IMPROVE-
 MENTS;  AND  (III) FOR THE FINAL TEN YEARS OF THE RESTRICTION PERIOD, AN
 EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL
 IMPROVEMENTS, EQUAL TO THE AFFORDABILITY PERCENTAGE.
   (BBB) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS OF
 ANY  KIND  PAID  TO,  OR  ON BEHALF OF, CONSTRUCTION WORKERS, INCLUDING,
 WITHOUT  LIMITATION,  ANY  HOURLY  COMPENSATION  PAID  DIRECTLY  TO  THE
 CONSTRUCTION  WORKER,  TOGETHER  WITH EMPLOYEE BENEFITS, SUCH AS HEALTH,
 WELFARE,  NON-OCCUPATIONAL  DISABILITY  COVERAGE,  RETIREMENT,  VACATION
 BENEFITS,  HOLIDAY  PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING, AND
 PAYROLL TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL  AMOUNTS
 PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI-
 TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL
 UNEMPLOYMENT  INSURANCE  AND  PURSUANT TO THE FEDERAL INSURANCE CONTRIB-
 UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER.
   2. BENEFIT. IN CITIES HAVING A POPULATION  OF  ONE  MILLION  OR  MORE,
 NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS SECTION
 OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE  CONTRARY,  NEW  ELIGIBLE
 MULTIPLE  DWELLINGS,  EXCEPT  HOTELS, THAT COMPLY WITH THE PROVISIONS OF
 THIS SECTION SHALL BE EXEMPT FROM REAL  PROPERTY  TAXATION,  OTHER  THAN
 ASSESSMENTS  FOR  LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS
 SPECIFIED IN THIS SECTION. A  RENTAL  PROJECT  THAT  MEETS  ALL  OF  THE
 REQUIREMENTS  OF  THIS  SECTION SHALL RECEIVE A THIRTY-FIVE YEAR BENEFIT
 AND A HOMEOWNERSHIP PROJECT THAT MEETS ALL OF THE REQUIREMENTS  OF  THIS
 SECTION SHALL RECEIVE A FORTY-YEAR BENEFIT.
   3. RENTAL PROJECTS. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN
 THIS  SECTION,  RENTAL  PROJECTS CONTAINING THREE HUNDRED OR MORE RENTAL
 DWELLING UNITS LOCATED WITHIN THE PRIME DEVELOPMENT  AREA  SHALL  COMPLY
 WITH  THE  REQUIREMENTS  SET FORTH IN THIS SUBDIVISION.  FOR PURPOSES OF
 THIS SUBDIVISION, "CONTRACTOR" SHALL MEAN ANY ENTITY WHICH BY  AGREEMENT
 WITH  ANOTHER  PARTY,  INCLUDING  SUB-CONTRACTORS, UNDERTAKES TO PERFORM
 CONSTRUCTION WORK AT AN ELIGIBLE SITE  AND  "APPLICANT"  SHALL  MEAN  AN
 APPLICANT FOR ANNY PROGRAM BENEFITS AND ANY SUCCESSOR THERETO.
   (A) SUCH RENTAL PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION A.
   (B)  CONSTRUCTION  WORKERS  ON  AN  ELIGIBLE SITE WITHIN THE MANHATTAN
 PRIME DEVELOPMENT AREA  SHALL  BE  PAID  ACCORDING  TO  THE  ALTERNATIVE
 CONSTRUCTION  WAGE STANDARD, WHICH MAY, AT THE DISCRETION OF THE COMMIS-
 SIONER OF LABOR, BE DETERMINED BY THE COMMISSIONER OF LABOR. UNTIL  SUCH
 TIME  AS  SUCH  STANDARD IS DETERMINED BY THE COMMISSIONER OF LABOR, THE
 MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN  ELIGIBLE
 SITE  WITHIN  THE MANHATTAN PRIME DEVELOPMENT AREA SHALL BE NO LESS THAN
 SIXTY-THREE DOLLARS PER HOUR. ONE YEAR FROM THE EFFECTIVE  DATE  OF  THE
 CHAPTER  OF  THE LAWS OF TWO THOUSAND TWENTY-TWO THAT ADDED THIS SECTION
 AND EVERY THREE YEARS THEREAFTER, THE MINIMUM AVERAGE HOURLY WAGE  SHALL
 S. 8006                            103                           A. 9006
 
 BE  INCREASED BY FIVE PERCENT; PROVIDED, HOWEVER, THAT ANY BUILDING WITH
 A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH INCREASE SHALL BE REQUIRED
 TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED ON  ITS  COMMENCEMENT
 DATE.
   (C) CONSTRUCTION WORKERS ON AN ELIGIBLE SITE WITHIN THE BROOKLYN PRIME
 DEVELOPMENT  AREA  OR  THE  QUEENS  PRIME DEVELOPMENT AREA SHALL BE PAID
 ACCORDING TO THE ALTERNATIVE CONSTRUCTION WAGE STANDARD, WHICH  MAY,  AT
 THE  DISCRETION  OF  THE  COMMISSIONER  OF  LABOR,  BE DETERMINED BY THE
 COMMISSIONER OF LABOR. UNTIL SUCH TIME AS SUCH STANDARD IS DETERMINED BY
 THE COMMISSIONER OF LABOR, THE  MINIMUM  AVERAGE  HOURLY  WAGE  PAID  TO
 CONSTRUCTION  WORKERS  ON  AN  ELIGIBLE  SITE  WITHIN THE BROOKLYN PRIME
 DEVELOPMENT AREA OR THE QUEENS PRIME DEVELOPMENT AREA SHALL BE  NO  LESS
 THAN  FORTY-SEVEN  DOLLARS AND TWENTY-FIVE CENTS PER HOUR. ONE YEAR FROM
 THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO
 THAT ADDED THIS SECTION AND EVERY THREE YEARS  THEREAFTER,  THE  MINIMUM
 AVERAGE HOURLY WAGE SHALL BE INCREASED BY FIVE PERCENT; PROVIDED, HOWEV-
 ER, THAT ANY BUILDING WITH A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH
 INCREASE  SHALL  BE  REQUIRED  TO PAY THE MINIMUM AVERAGE HOURLY WAGE AS
 REQUIRED ON ITS COMMENCEMENT DATE.
   (D) THE REQUIREMENTS OF PARAGRAPHS (B) AND  (C)  OF  THIS  SUBDIVISION
 SHALL NOT BE APPLICABLE TO:
   (I)  AN  ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY PERCENT OF
 THE DWELLING UNITS UPON INITIAL RENTAL AND UPON EACH  SUBSEQUENT  RENTAL
 FOLLOWING A VACANCY DURING THE EXTENDED RESTRICTION PERIOD, ARE AFFORDA-
 BLE  TO  AND  RESTRICTED  TO  OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE
 HOUSEHOLD INCOME DOES NOT EXCEED  EIGHTY  PERCENT  OF  THE  AREA  MEDIAN
 INCOME,  ADJUSTED  FOR  FAMILY  SIZE,  AT  THE  TIME THAT SUCH HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT;
   (II) ANY PORTION OF AN ELIGIBLE MULTIPLE DWELLING WHICH IS  OWNED  AND
 OPERATED AS A CONDOMINIUM OR COOPERATIVE; OR
   (III) AT THE OPTION OF THE APPLICANT, TO AN ELIGIBLE SITE SUBJECT TO A
 PROJECT LABOR AGREEMENT.
   (E)  THE  APPLICANT  SHALL CONTRACT WITH AN INDEPENDENT MONITOR.  SUCH
 INDEPENDENT MONITOR SHALL SUBMIT TO THE FISCAL OFFICER WITHIN  ONE  YEAR
 OF  THE COMPLETION DATE, A PROJECT-WIDE CERTIFIED PAYROLL REPORT. IN THE
 EVENT SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE
 FISCAL OFFICER WITHIN THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT
 TO A FINE OF ONE THOUSAND DOLLARS PER  WEEK,  OR  ANY  PORTION  THEREOF;
 PROVIDED  THAT  THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
 IN THE EVENT THAT THE WAGE PAID IS LESS THAN THE CONSTRUCTION  WAGE  SET
 FORTH  IN  PARAGRAPH  (B)  OR (C) OF THIS SUBDIVISION AS APPLICABLE, THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT SHALL ALSO SET FORTH THE AMOUNT OF
 SUCH DEFICIENCY.
   (F) THE CONTRACTOR CERTIFIED PAYROLL REPORT SHALL BE SUBMITTED BY EACH
 CONTRACTOR AND SUB-CONTRACTOR  NO  LATER  THAN  NINETY  DAYS  AFTER  THE
 COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN
 THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT
 THE  CONTRACTOR  CERTIFIED  PAYROLL REPORT WITHIN THE TIME PRESCRIBED IN
 THIS PARAGRAPH, THE INDEPENDENT MONITOR SHALL NOTIFY THE FISCAL  OFFICER
 AND  THE  FISCAL  OFFICER SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR
 SUB-CONTRACTOR IN THE AMOUNT OF ONE THOUSAND DOLLARS PER  WEEK,  OR  ANY
 PORTION  THEREOF,  PROVIDED  THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE
 THOUSAND DOLLARS.
   (G) IN THE EVENT THAT THE PROJECT-WIDE CERTIFIED PAYROLL REPORT  SHOWS
 THAT  THE WAGE PAID AS REQUIRED BY PARAGRAPH (B) OR (C) OF THIS SUBDIVI-
 SION, AS APPLICABLE, WAS NOT PAID, IF THE WAGE PAID  IS  WITHIN  FIFTEEN
 S. 8006                            104                           A. 9006
 
 PERCENT  OF  THE  CONSTRUCTION  WAGE REQUIRED BY PARAGRAPH (B) OR (C) OF
 THIS SUBDIVISION, AS APPLICABLE, THEN NO LATER THAN ONE  HUNDRED  TWENTY
 DAYS  FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED PAYROLL
 REPORT, THE APPLICANT SHALL PAY TO THE THIRD-PARTY FUND ADMINISTRATOR AN
 AMOUNT  EQUAL  TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE PROJECT-
 WIDE CERTIFIED PAYROLL REPORT. THE THIRD-PARTY FUND ADMINISTRATOR  SHALL
 DISTRIBUTE  SUCH  PAYMENT  TO  THE  CONSTRUCTION  WORKERS  WHO PERFORMED
 CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT,
 THE THIRD-PARTY FUND ADMINISTRATOR SHALL SUBMIT TO THE FISCAL OFFICER  A
 PLAN  SUBJECT  TO THE FISCAL OFFICER'S APPROVAL SETTING FORTH THE MANNER
 IN WHICH THE THIRD-PARTY FUND  ADMINISTRATOR  WILL  REACH  THE  REQUIRED
 CONSTRUCTION WAGE WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT
 FROM  THE APPLICANT AND HOW ANY REMAINING FUNDS WILL BE DISBURSED IN THE
 EVENT THAT THE THIRD-PARTY  FUND  ADMINISTRATOR  CANNOT  DISTRIBUTE  THE
 FUNDS  TO  THE  CONSTRUCTION WORKERS WITHIN ONE YEAR OF RECEIVING FISCAL
 OFFICER APPROVAL. IN THE EVENT THAT THE APPLICANT  FAILS  TO  MAKE  SUCH
 PAYMENT  WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARAGRAPH, THE APPLI-
 CANT SHALL BE SUBJECT TO  A  FINE  OF  ONE  THOUSAND  DOLLARS  PER  WEEK
 PROVIDED  THAT  THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
 IF THE WAGE PAID IS MORE THAN FIFTEEN  PERCENT  BELOW  THE  CONSTRUCTION
 WAGE  REQUIRED  BY PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, AS APPLICA-
 BLE, THEN NO LATER THAN  ONE  HUNDRED  TWENTY  DAYS  FROM  THE  DATE  OF
 SUBMISSION  OF SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT
 SHALL PAY TO THE THIRD-PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL  TO  THE
 AMOUNT  OF  THE DEFICIENCY SET FORTH IN THE PROJECT-WIDE PAYROLL REPORT.
 THE THIRD-PARTY FUND ADMINISTRATOR SHALL DISTRIBUTE SUCH PAYMENT TO  THE
 CONSTRUCTION  WORKERS  WHO  PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE
 SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR
 SHALL SUBMIT TO THE FISCAL OFFICER A PLAN SUBJECT TO  THE  FISCAL  OFFI-
 CER'S  APPROVAL  SETTING  FORTH THE MANNER IN WHICH THE THIRD-PARTY FUND
 ADMINISTRATOR WILL REACH  THE  REQUIRED  CONSTRUCTION  WAGE  WITHIN  ONE
 HUNDRED  FIFTY  DAYS OF RECEIVING THE PAYMENT FROM THE APPLICANT AND HOW
 ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE  THIRD-PARTY
 FUND ADMINISTRATOR CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORK-
 ERS  WITHIN  ONE YEAR OF RECEIVING FISCAL OFFICER APPROVAL. IN ADDITION,
 THE FISCAL OFFICER SHALL IMPOSE A PENALTY ON THE APPLICANT IN AN  AMOUNT
 EQUAL  TO TWENTY-FIVE PERCENT OF THE AMOUNT OF THE DEFICIENCY, PROVIDED,
 HOWEVER, THAT THE FISCAL OFFICER SHALL NOT IMPOSE SUCH PENALTY WHERE THE
 ELIGIBLE MULTIPLE DWELLING HAS BEEN THE SUBJECT OF A  JOB  ACTION  WHICH
 RESULTS  IN  A WORK DELAY. IN THE EVENT THAT THE APPLICANT FAILS TO MAKE
 SUCH PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN  THIS  PARAGRAPH,  THE
 APPLICANT  SHALL  BE SUBJECT TO A FINE OF ONE THOUSAND DOLLARS PER WEEK,
 PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE  THOUSAND  DOLLARS.
 NOTWITHSTANDING  ANY  PROVISION OF THIS SUBDIVISION, THE APPLICANT SHALL
 NOT BE LIABLE IN ANY RESPECT  WHATSOEVER  FOR  ANY  PAYMENTS,  FINES  OR
 PENALTIES  RELATED  TO  OR  RESULTING FROM CONTRACTOR FRAUD, MISTAKE, OR
 NEGLIGENCE OR FOR FRAUDULENT OR INACCURATE CONTRACTOR CERTIFIED  PAYROLL
 REPORTS  OR  FOR FRAUDULENT OR INACCURATE PROJECT-WIDE CERTIFIED PAYROLL
 REPORTS, PROVIDED, HOWEVER, THAT PAYMENT TO THE THIRD-PARTY FUND  ADMIN-
 ISTRATOR  IN  THE AMOUNT SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL
 REPORT AS DESCRIBED IN  THIS  PARAGRAPH  SHALL  STILL  BE  MADE  BY  THE
 CONTRACTOR OR SUB-CONTRACTOR IN THE EVENT OF UNDERPAYMENT RESULTING FROM
 OR  CAUSED  BY  THE CONTRACTOR OR SUB-CONTRACTOR, AND THAT THE APPLICANT
 WILL BE LIABLE FOR UNDERPAYMENT TO THE  THIRD-PARTY  FUND  ADMINISTRATOR
 UNLESS  THE  FISCAL OFFICER DETERMINES, IN ITS SOLE DISCRETION, THAT THE
 UNDERPAYMENT WAS THE RESULT OF, OR CAUSED BY, CONTRACTOR FRAUD,  MISTAKE
 S. 8006                            105                           A. 9006
 
 OR  NEGLIGENCE  AND/OR FOR FRAUDULENT OR INACCURATE CONTRACTOR CERTIFIED
 PAYROLL REPORTS  AND/OR  PROJECT-WIDE  CERTIFIED  PAYROLL  REPORTS.  THE
 APPLICANT  SHALL  OTHERWISE NOT BE LIABLE IN ANY WAY WHATSOEVER ONCE THE
 PAYMENT  TO  THE  THIRD-PARTY  FUND  ADMINISTRATOR  HAS BEEN MADE IN THE
 AMOUNT SET FORTH IN THE PROJECT-WIDE  CERTIFIED  PAYROLL  REPORT.  OTHER
 THAN THE UNDERPAYMENT, WHICH MUST BE PAID TO THE THIRD-PARTY FUND ADMIN-
 ISTRATOR,  ALL FINES AND PENALTIES SET FORTH IN THIS SUBDIVISION IMPOSED
 BY THE FISCAL OFFICER SHALL BE PAID TO THE AGENCY AND USED BY THE AGENCY
 TO PROVIDE AFFORDABLE HOUSING.
   (H) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CONFER A PRIVATE
 RIGHT OF ACTION TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION, PROVIDED,
 HOWEVER, THAT THIS SENTENCE SHALL NOT BE CONSTRUED AS A  WAIVER  OF  ANY
 EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR REPRESENTATIVES RELATED
 TO WAGE AND BENEFIT COLLECTION, WAGE THEFT OR OTHER LABOR PROTECTIONS OR
 RIGHTS  AND PROVIDED, FURTHER, THAT NOTHING IN THIS SUBDIVISION RELIEVES
 ANY OBLIGATIONS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
   (I) THE FISCAL OFFICER SHALL HAVE THE SOLE AUTHORITY TO DETERMINE  AND
 ENFORCE  ANY  LIABILITY  FOR  UNDERPAYMENT OWING TO THE THIRD-PARTY FUND
 ADMINISTRATOR FROM THE APPLICANT AND/OR THE CONTRACTOR, AS A  RESULT  OF
 CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCU-
 RATE  CONTRACTOR CERTIFIED PAYROLL REPORTS AND/OR PROJECT-WIDE CERTIFIED
 PAYROLL REPORTS, AS SET FORTH IN PARAGRAPH (F) OF THIS SUBDIVISION.  THE
 FISCAL OFFICER SHALL EXPEDITIOUSLY CONDUCT AN INVESTIGATION AND  HEARING
 AT THE NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS, SHALL
 DETERMINE  THE ISSUES RAISED THEREON AND SHALL MAKE AND FILE AN ORDER IN
 HIS OR HER OFFICE STATING SUCH DETERMINATION AND FORTHWITH SERVE A  COPY
 OF  SUCH  ORDER,  EITHER  PERSONALLY OR BY MAIL, TOGETHER WITH NOTICE OF
 FILING, UPON THE PARTIES TO SUCH PROCEEDINGS. THE FISCAL OFFICER IN SUCH
 AN INVESTIGATION SHALL BE DEEMED TO BE ACTING IN A JUDICIAL CAPACITY AND
 SHALL HAVE THE RIGHT TO ISSUE SUBPOENAS, ADMINISTER  OATHS  AND  EXAMINE
 WITNESSES.  THE  ENFORCEMENT  OF  A SUBPOENA ISSUED UNDER THIS PARAGRAPH
 SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES.  THE  FILING  OF
 SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCK-
 ETED IN THE OFFICE OF THE COUNTY CLERK. THE ORDER MAY BE ENFORCED BY AND
 IN  THE  NAME  OF  THE  FISCAL OFFICER IN THE SAME MANNER, AND WITH LIKE
 EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES  FOR  THE
 ENFORCEMENT OF A MONEY JUDGMENT.
   4.  TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
 THIS SECTION, THE OWNER OF ANY  ELIGIBLE  SITE  RECEIVING  ANNY  PROGRAM
 BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH ANNY PROGRAM BENEFITS
 ARE IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS:
   (A)  WITH  RESPECT  TO  EACH ELIGIBLE MULTIPLE DWELLING CONSTRUCTED ON
 SUCH ELIGIBLE SITE, REAL PROPERTY TAXES ON  THE  ASSESSED  VALUATION  OF
 SUCH  LAND  AND  ANY  IMPROVEMENTS THEREON IN EFFECT DURING THE TAX YEAR
 PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH-
 OUT REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY  TAXATION
 IN  EFFECT  DURING  SUCH  TAX  YEAR,  WHICH REAL PROPERTY TAXES SHALL BE
 CALCULATED USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE  DUE;
 AND
   (B) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   5.  LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE
 FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE  IN
 AN  ELIGIBLE  SITE,  OTHER  THAN  PARKING WHICH IS LOCATED NOT MORE THAN
 TWENTY-THREE FEET ABOVE THE CURB LEVEL, EXCEEDS TWELVE  PERCENT  OF  THE
 AGGREGATE  FLOOR  AREA  IN SUCH ELIGIBLE SITE, ANY ANNY PROGRAM BENEFITS
 SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS.  IF  AN  ELIGIBLE
 S. 8006                            106                           A. 9006
 
 SITE  CONTAINS  MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION
 IN ANNY PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA  AMONG  ANY
 NON-RESIDENTIAL  TAX  LOTS.  AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE
 FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN
 ANNY  PROGRAM  BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE
 REMAINING RESIDENTIAL TAX LOTS.
   6. CALCULATION OF BENEFIT. BASED ON THE CERTIFICATION  OF  THE  AGENCY
 CERTIFYING  THE  APPLICANT'S  ELIGIBILITY FOR ANNY PROGRAM BENEFITS, THE
 ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO
 BE EXEMPTED.
   7. AFFORDABILITY REQUIREMENTS. A LARGE  RENTAL  PROJECT  SHALL  COMPLY
 WITH AFFORDABILITY OPTION A FOR THE DURATION OF THE LARGE RENTAL PROJECT
 RESTRICTION PERIOD. A SMALL RENTAL PROJECT SHALL COMPLY WITH AFFORDABIL-
 ITY  OPTION  B  FOR THE DURATION OF THE SMALL RENTAL PROJECT RESTRICTION
 PERIOD. A HOMEOWNERSHIP PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION C
 FOR THE DURATION OF THE HOMEOWNERSHIP PROJECT RESTRICTION  PERIOD.  SUCH
 ELECTION  SHALL  BE  MADE IN THE APPLICATION AND SHALL NOT THEREAFTER BE
 CHANGED.
   (A) ALL RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE  DWELLING  SHALL
 SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS MARKET RATE UNITS IN
 SUCH  ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC
 FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING.  COMMON ENTRANCES  SHALL
 MEAN  ANY  AREA REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT
 IN THE ELIGIBLE MULTIPLE DWELLING  FOR  INGRESS  AND  EGRESS  FROM  SUCH
 ELIGIBLE MULTIPLE DWELLING.
   (B)  UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL
 HOUSING PROGRAM, EITHER (I) THE AFFORDABLE HOUSING UNITS IN AN  ELIGIBLE
 MULTIPLE  DWELLING  SHALL  HAVE  A  UNIT  MIX PROPORTIONAL TO THE MARKET
 UNITS, OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN
 AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR  MORE  BEDROOMS  AND  NO
 MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE
 LESS THAN ONE BEDROOM.
   (C) NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA-
 RY,  ALL  AFFORDABLE  HOUSING  UNITS  SHALL REMAIN FULLY SUBJECT TO RENT
 STABILIZATION  BOTH  DURING  AND  SUBSEQUENT  TO  THE   SMALL   BUILDING
 RESTRICTION PERIOD OR THE LARGE BUILDING RESTRICTION PERIOD, AS APPLICA-
 BLE.
   (D)  ALL  RENT  STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL
 CONTAIN A DESIGNATION THAT SPECIFICALLY  IDENTIFIES  AFFORDABLE  HOUSING
 UNITS CREATED PURSUANT TO THIS SECTION AS "ANNY PROGRAM AFFORDABLE HOUS-
 ING  UNITS"  AND  SHALL  CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT
 APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS.
   (E) FAILURE TO COMPLY WITH THE PROVISIONS  OF  THIS  SUBDIVISION  THAT
 REQUIRE  THE  CREATION,  MAINTENANCE,  RENT STABILIZATION COMPLIANCE AND
 OCCUPANCY OF AFFORDABLE HOUSING UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP
 PROJECT THE FAILURE TO COMPLY WITH AFFORDABILITY OPTION C  SHALL  RESULT
 IN  REVOCATION  OF ANY ANNY PROGRAM BENEFITS FOR THE PERIOD OF SUCH NON-
 COMPLIANCE.
   (F) NOTHING IN THIS SECTION SHALL (I) PROHIBIT  THE  OCCUPANCY  OF  AN
 AFFORDABLE  HOUSING  UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY
 TIME IS LESS THAN THE MAXIMUM PERCENTAGE  OF  THE  AREA  MEDIAN  INCOME,
 ADJUSTED  FOR  FAMILY  SIZE,  SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT
 PURSUANT TO THIS SECTION, OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE SITE
 FROM REQUIRING, UPON INITIAL RENTAL  OR  UPON  ANY  RENTAL  FOLLOWING  A
 VACANCY,  THE  OCCUPANCY  OF  ANY  AFFORDABLE HOUSING UNIT BY SUCH LOWER
 INCOME INDIVIDUALS OR FAMILIES.
 S. 8006                            107                           A. 9006
 
   (G) FOLLOWING ISSUANCE OF A TEMPORARY  CERTIFICATE  OF  OCCUPANCY  AND
 UPON  EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY
 BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME  DOES  NOT
 EXCEED  THE  MAXIMUM  PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR
 FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS
 SECTION  AND  WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR
 PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT SHALL NOT BE (I) RENTED TO
 A CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (II) HELD OFF THE  MARKET
 FOR  A  PERIOD  LONGER  THAN  IS REASONABLY NECESSARY TO PERFORM REPAIRS
 NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY.
   (H) AN AFFORDABLE HOUSING UNIT SHALL NOT BE  RENTED  ON  A  TEMPORARY,
 TRANSIENT  OR  SHORT-TERM  BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN
 AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT  THE
 OPTION OF THE TENANT.
   (I)  AN AFFORDABLE HOUSING RENTAL UNIT SHALL NOT BE CONVERTED TO COOP-
 ERATIVE OR CONDOMINIUM OWNERSHIP.
   (J) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS  THE  AGENCY
 DEEMS NECESSARY OR APPROPRIATE FOR (I) THE MARKETING OF AFFORDABLE HOUS-
 ING  UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (II) MONI-
 TORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, AND (III) THE
 MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN
 EXEMPTION PURSUANT TO THIS SUBDIVISION. SUCH REQUIREMENTS  MAY  INCLUDE,
 BUT  NEED  NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE AGENCY
 AND PAID FOR BY THE OWNER.
   (K) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE  CONTRARY,  A
 MARKET  UNIT  SHALL  NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE
 ABSENCE OF ANNY PROGRAM BENEFITS, THE UNIT  WOULD  BE  SUBJECT  TO  RENT
 STABILIZATION.
   8.  BUILDING  SERVICE EMPLOYEES. (A) FOR THE PURPOSES OF THIS SUBDIVI-
 SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS, ANY
 SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
 EES FOR SUCH APPLICANT,  INCLUDING,  BUT  NOT  LIMITED  TO,  A  PROPERTY
 MANAGEMENT COMPANY OR CONTRACTOR.
   (B)  ALL  BUILDING  SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
 ELIGIBLE SITE SHALL RECEIVE THE APPLICABLE PREVAILING WAGE.
   (C) THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE  PROVISIONS
 OF  THIS  SUBDIVISION.  IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER
 SHALL HAVE THE POWER:
   (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE  TO  DETERMINE
 THE  PREVAILING  WAGES  FOR  BUILDING  SERVICE EMPLOYEES; IN MAKING SUCH
 INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE  AND  FRINGE  BENEFIT
 DATA  FROM  VARIOUS  SOURCES,  INCLUDING,  BUT  NOT LIMITED TO, DATA AND
 DETERMINATIONS  OF  FEDERAL,  STATE  OR  OTHER  GOVERNMENTAL   AGENCIES,
 PROVIDED,  HOWEVER,  THAT  THE PROVISION OF A DWELLING UNIT SHALL NOT BE
 CONSIDERED WAGES OR A FRINGE BENEFIT;
   (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE  WORK  OR
 ELSEWHERE;
   (III)  TO  EXAMINE  THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE
 WAGES PAID TO, AND THE HOURS OF  WORK  PERFORMED  BY,  BUILDING  SERVICE
 EMPLOYEES;
   (IV)  TO  HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOE-
 NAS, ADMINISTER OATHS  AND  EXAMINE  WITNESSES;  THE  ENFORCEMENT  OF  A
 SUBPOENA  ISSUED  UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE CIVIL
 PRACTICE LAW AND RULES;
   (V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
 NIZED OCCUPATIONAL CATEGORY OF THE BUILDING  SERVICE  EMPLOYEES  AND  TO
 S. 8006                            108                           A. 9006
 
 DETERMINE  WHETHER  SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE
 EMPLOYEES IN SUCH CLASSIFICATION;
   (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
 OF  THE  WAGES  ACTUALLY  PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
 EMPLOYEES AND OF THEIR HOURS OF WORK;
   (VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY  OR
 OTHER AUTHORIZED REPRESENTATIVE;
   (VIII)  TO  PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR
 THE  PROPER  EXECUTION  OF  THE  DUTIES,  RESPONSIBILITIES  AND   POWERS
 CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS PARAGRAPH; AND
   (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE
 PROVISIONS  OF  THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH (B) OF
 THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE  THE  PAYMENT  OF:  (A)
 BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES
 THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
 AND/OR  (C) REASONABLE ATTORNEY'S FEES. IF THE FISCAL OFFICER FINDS THAT
 THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS  SUBPARA-
 GRAPH,  HE  OR  SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE
 AGENCY.
   (D) PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
   (I) AN ELIGIBLE MULTIPLE DWELLING OUTSIDE  OF  THE  PRIME  DEVELOPMENT
 AREA;
   (II)  AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THREE HUNDRED
 DWELLING UNITS; OR
   (III) AN ELIGIBLE MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS
 ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN  FIFTY  PERCENT  OF  SUCH
 AFFORDABLE  HOUSING  UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT
 RENTAL FOLLOWING A VACANCY ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY
 BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY
 PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
 THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
   (E) THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION,
 AND ANNUALLY THEREAFTER,  CERTIFYING  THAT  IT  SHALL  COMPLY  WITH  THE
 REQUIREMENTS OF THIS SUBDIVISION.
   (F)  THE  AGENCY  SHALL  ANNUALLY PUBLISH A LIST OF ALL ELIGIBLE SITES
 SUBJECT TO  THE  REQUIREMENTS  OF  THIS  PARAGRAPH  AND  THE  AFFIDAVITS
 REQUIRED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
   9. REPLACEMENT RATIO. IF THE LAND ON WHICH AN ELIGIBLE SITE IS LOCATED
 CONTAINED  ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCEMENT DATE
 OF THE FIRST ELIGIBLE MULTIPLE  DWELLING  THEREON,  THEN  SUCH  ELIGIBLE
 MULTIPLE  DWELLING OR DWELLINGS BUILT THEREON SHALL CONTAIN AT LEAST ONE
 AFFORDABLE HOUSING UNIT FOR EACH DWELLING UNIT THAT EXISTED ON SUCH DATE
 AND WAS THEREAFTER DEMOLISHED, REMOVED OR RECONFIGURED.
   10. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
 RECEIVING ANNY PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM  OR
 ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
   11.   VOLUNTARY   RENUNCIATION  OR  TERMINATION.  NOTWITHSTANDING  THE
 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO  THE  CONTRARY,  AN
 OWNER  SHALL  NOT  BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANNY
 PROGRAM BENEFITS UNLESS  THE  AGENCY  AUTHORIZES  SUCH  RENUNCIATION  OR
 TERMINATION  IN  CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION
 PURSUANT TO EITHER THE PRIVATE  HOUSING  FINANCE  LAW  OR  SECTION  FOUR
 HUNDRED TWENTY-C OF THIS TITLE.
   12. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE ANNY
 PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION: PROVIDED, HOWEVER,
 THAT  THE AGENCY SHALL NOT TERMINATE OR REVOKE ANNY PROGRAM BENEFITS FOR
 S. 8006                            109                           A. 9006
 
 A FAILURE TO COMPLY WITH PARAGRAPH (C) OF SUBDIVISION  FIFTEEN  OF  THIS
 SECTION.  IF ANNY PROGRAM BENEFITS ARE TERMINATED OR REVOKED FOR NONCOM-
 PLIANCE WITH THIS SECTION: (A) ALL OF THE AFFORDABLE HOUSING UNITS SHALL
 REMAIN  SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS
 SECTION FOR THE RESTRICTION PERIOD OR EXTENDED  RESTRICTION  PERIOD,  AS
 APPLICABLE,  AND  ANY  ADDITIONAL  PERIOD  EXPRESSLY  PROVIDED  IN  THIS
 SECTION, AS IF THE ANNY PROGRAM BENEFITS  HAD  NOT  BEEN  TERMINATED  OR
 REVOKED;  (B)  ALL OF THE MARKET RATE HOUSING UNITS SHALL REMAIN SUBJECT
 TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE
 RESTRICTION PERIOD OR EXTENDED RESTRICTION PERIOD,  AS  APPLICABLE,  AND
 ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY
 PROGRAM  BENEFITS HAD NOT BEEN TERMINATED OR REVOKED, PROVIDED, HOWEVER,
 THAT THE OWNER SHALL STILL BE ENTITLED TO REMOVE SUCH MARKET  UNIT  FROM
 RENT  STABILIZATION UPON VACANCY BY REASON OF THE MONTHLY RENT EXCEEDING
 ANY LIMIT ESTABLISHED THEREUNDER; OR (C) FOR  A  HOMEOWNERSHIP  PROJECT,
 SUCH  PROJECT  SHALL  CONTINUE  TO COMPLY WITH AFFORDABILITY OPTION D OF
 THIS SECTION  AND  ALL  OTHER  REQUIREMENTS  OF  THIS  SECTION  FOR  THE
 RESTRICTION  PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS
 SECTION, AS IF THE ANNY PROGRAM BENEFITS  HAD  NOT  BEEN  TERMINATED  OR
 REVOKED.
   13.  POWERS  CUMULATIVE.  THE  ENFORCEMENT  PROVISIONS OF THIS SECTION
 SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER  RIGHTS,  REME-
 DIES,  OR  ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT
 LAW OR IN EQUITY.
   14. MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS,
 AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH  TAX
 LOTS.  THE  AGENCY SHALL DETERMINE ELIGIBILITY FOR ANNY PROGRAM BENEFITS
 BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION  AND  BENEFITS  FOR
 EACH  MULTIPLE  DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF SUCH
 MULTIPLE DWELLING.
   15. APPLICATIONS. (A) THE APPLICATION WITH  RESPECT  TO  ANY  ELIGIBLE
 MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR
 AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING.
   (B)  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
 LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
 FILED ELECTRONICALLY.
   (C) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT  OR  ENGINEER
 SUBMITTED  BY  AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA-
 TION. A FALSE CERTIFICATION BY  SUCH  ARCHITECT  OR  ENGINEER  SHALL  BE
 DEEMED  TO  BE  PROFESSIONAL  MISCONDUCT  PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED NINE OF THE EDUCATION LAW. ANY LICENSEE  FOUND  GUILTY  OF  SUCH
 MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
 TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
 SECTION  SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW AND SHALL THERE-
 AFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION.
   (D) THE AGENCY  SHALL  NOT  REQUIRE  THAT  THE  APPLICANT  DEMONSTRATE
 COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION AS
 A CONDITION TO APPROVAL OF THE APPLICATION.
   16.  FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND
 DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY  APPLICATION.  HOWEVER,
 THE AGENCY MAY PROMULGATE RULES IMPOSING A LESSER FEE FOR ELIGIBLE SITES
 CONTAINING  ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE SUBSTANTIAL
 ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR
 LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A  PROGRAM  FOR
 THE DEVELOPMENT OF AFFORDABLE HOUSING.
 S. 8006                            110                           A. 9006
 
   17.  RULES. EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND EIGHT OF THIS
 SECTION, THE AGENCY  SHALL  HAVE  THE  SOLE  AUTHORITY  TO  ENFORCE  THE
 PROVISIONS  OF  THIS  SECTION  AND MAY PROMULGATE RULES TO CARRY OUT THE
 PROVISIONS OF THIS SECTION.
   18.  ELECTION. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRA-
 RY, A SMALL  RENTAL  PROJECT,  LARGE  RENTAL  PROJECT  OR  HOMEOWNERSHIP
 PROJECT  WITH A COMMENCEMENT DATE ON OR BEFORE JUNE FIFTEENTH, TWO THOU-
 SAND TWENTY-TWO THAT HAS NOT RECEIVED BENEFITS PURSUANT TO SECTION  FOUR
 HUNDRED  TWENTY-ONE-A  OF  THIS TITLE PRIOR TO THE EFFECTIVE DATE OF THE
 CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT ADDED  THIS  SECTION
 MAY  ELECT TO COMPLY WITH THIS SECTION AND RECEIVE ANNY PROGRAM BENEFITS
 PURSUANT TO THIS SECTION.
   19. REPORTING. ON OR BEFORE JUNE THIRTIETH OF EACH YEAR,  THE  COMMIS-
 SIONER  OF  THE  NEW  YORK  CITY  DEPARTMENT OF HOUSING PRESERVATION AND
 DEVELOPMENT SHALL ISSUE A REPORT TO THE GOVERNOR, THE  TEMPORARY  PRESI-
 DENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY SETTING FORTH THE
 NUMBER OF TOTAL PROJECTS AND UNITS CREATED  BY  THIS  SECTION  BY  YEAR,
 LEVEL  OF  AFFORDABILITY,  AND  COMMUNITY  BOARD,  THE  COST OF THE ANNY
 PROGRAM, AND OTHER SUCH FACTORS AS THE COMMISSIONER OF THE NEW YORK CITY
 DEPARTMENT OF HOUSING PRESERVATION AND  DEVELOPMENT  DEEMS  APPROPRIATE.
 THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT MAY
 REQUEST  AND  SHALL  RECEIVE COOPERATION AND ASSISTANCE FROM ALL DEPART-
 MENTS, DIVISIONS, BOARDS, BUREAUS, COMMISSIONS,  PUBLIC  BENEFIT  CORPO-
 RATIONS  OR  AGENCIES  OF THE STATE OF NEW YORK, THE CITY OF NEW YORK OR
 ANY OTHER POLITICAL SUBDIVISIONS THEREOF, OR ANY ENTITY RECEIVING  BENE-
 FITS PURSUANT TO THIS SECTION.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the applicable effective date of Parts A through II of this act shall be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8006--A                                            A. 9006--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to school contracts for
   excellence; to amend the education law, in relation to foundation aid;
   to amend the education law, in relation to maintenance of equity  aid;
   to  amend  the  education law, in relation to building aid and the New
   York state energy research  and  development  authority  P-12  schools
   clean  green  schools  initiative;  to  amend  the  education  law, in
   relation to modifying the length of  school  sessions;  to  amend  the
   education  law, in relation to supplemental public excess cost aid; to
   amend the education law, in relation to academic enhancement  aid;  to
   amend the education law, in relation to high tax aid; to amend chapter
   91  of  the  laws  of  2002  amending the education law and other laws
   relating to reorganization of the New York  city  school  construction
   authority, board of education and community boards, in relation to the
   effectiveness thereof; to amend chapter 345 of the laws of 2009 amend-
   ing  the  education  law  and other laws relating to the New York city
   board of education,  chancellor,  community  councils,  and  community
   superintendents,  in  relation  to the effectiveness thereof; to amend
   the education law, in relation to extending  the  statewide  universal
   full-day  pre-kindergarten  program;  to  amend  the education law, in
   relation to state aid adjustments; to amend chapter 756 of the laws of
   1992, relating to funding a program for work force education conducted
   by the consortium for worker education in New York city,  in  relation
   to  reimbursement for the 2022-2023 school year, withholding a portion
   of employment preparation education aid and in relation to the  effec-
   tiveness  thereof;  to amend chapter 169 of the laws of 1994, relating
   to certain provisions related to the 1994-95 state operations, aid  to
   localities,  capital projects and debt service budgets, in relation to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12672-02-2
 S. 8006--A                          2                         A. 9006--A
 
   the effectiveness thereof; to amend chapter 147 of the laws  of  2001,
   amending  the  education  law  relating  to conditional appointment of
   school district, charter school or BOCES employees, in relation to the
   effectiveness  thereof;  to  amend  chapter  425  of the laws of 2002,
   amending the education law relating to the provision  of  supplemental
   educational  services,  attendance  at  a  safe  public school and the
   suspension of pupils who bring a firearm to or possess a firearm at  a
   school, in relation to making certain provisions thereof permanent; to
   amend  the No Child Left Behind Act of 2001, in relation to making the
   provisions thereof permanent; to amend chapter  552  of  the  laws  of
   1995,  amending the education law relating to contracts for the trans-
   portation of school children, in relation to the effectiveness  there-
   of;  providing  for  school  bus driver training grants; providing for
   special apportionment  for  salary  expenses;  providing  for  special
   apportionment for public pension accruals; to amend the education law,
   in  relation  to  permitting  the  city school district of the city of
   Rochester to make certain purchases  from  the  board  of  cooperative
   educational services of the supervisory district serving its geograph-
   ic region; providing for set-asides from the state funds which certain
   districts  are  receiving from the total foundation aid; providing for
   support of public libraries; and providing for the repeal  of  certain
   provisions  upon  expiration  thereof (Part A); to amend the education
   law and the local finance law, in  relation  to  zero-emission  school
   buses  (Part B); to amend the education law, in relation to creating a
   temporary professional permit for employment in a public  school;  and
   providing for the repeal of certain provisions upon expiration thereof
   (Part  C);  to amend the education law, in relation to state appropri-
   ations for reimbursement of tuition credits (Part  D);  to  amend  the
   education  law,  in relation to the expansion of the part-time tuition
   assistance program (Part E); to amend the education law,  in  relation
   to  eligibility  requirements  and  conditions  for tuition assistance
   program awards; and to repeal certain provisions of the education  law
   relating  to  the  ban  on  incarcerated individuals to be eligible to
   receive state aid (Part F); to amend the education law, in relation to
   establishing the amount awarded for the  excelsior  scholarship  (Part
   G);  to  amend  the  education  law,  in relation to including certain
   apprenticeships in the definition of  "eligible  educational  institu-
   tion"  for  the  New York state college choice tuition savings program
   (Part H); to amend the  education  law,  in  relation  to  prohibiting
   certain  practices  in  the  collection of education debt (Part I); to
   amend the education law, in relation to registration of a new  curric-
   ulum  or  program  of  study  offered  by  a not-for-profit college or
   university (Part J); to amend the business corporation law, the  part-
   nership  law  and  the  limited  liability company law, in relation to
   certified public accountants (Part K); to amend  the  social  services
   law,  in  relation  to  child  care  assistance; and providing for the
   repeal of certain provisions upon  expiration  thereof  (Part  L);  to
   amend  part  N  of chapter 56 of the laws of 2020, amending the social
   services law  relating  to  restructuring  financing  for  residential
   school  placements, in relation to the effectiveness thereof (Part M);
   to amend part C of chapter 83 of the laws of 2002, amending the execu-
   tive law and other laws relating to funding for  children  and  family
   services, in relation to extending the effectiveness thereof (Part N);
   to  amend  the social services law, in relation to reimbursement for a
   portion of the costs of social services districts for care provided to
   foster children in institutions, group residences,  group  homes,  and
 S. 8006--A                          3                         A. 9006--A
 
   agency  operated  boarding  homes (Part O); to amend the public health
   law, in relation to consent for medical services (Part  P);  to  amend
   the  executive  law and the criminal procedure law, in relation to the
   detention  of  juveniles  (Part  Q);  to  amend  the executive law, in
   relation to increasing the amount of  reimbursement  the  division  of
   veterans'  affairs  shall  provide to local veterans' service agencies
   for the cost of maintenance of such agencies (Part R);  to  amend  the
   social services law, in relation to increasing the standards of month-
   ly  need  for aged, blind and disabled persons living in the community
   (Part S); to amend part W of chapter 54 of the laws of  2016  amending
   the  social  services  law  relating  to  the powers and duties of the
   commissioner of social services  relating  to  the  appointment  of  a
   temporary operator, in relation to the effectiveness thereof (Part T);
   to  amend  the social services law, in relation to the public benefits
   and requirements; and to repeal certain provisions of such law  relat-
   ing  thereto (Part U); to amend the labor law and the general business
   law, in relation to restrictions on employment (Part V); to amend  the
   labor  law, in relation to increasing penalties for certain violations
   of the labor law (Part W); to amend the executive law, in relation  to
   prohibiting  discrimination  based  on  status as a victim of domestic
   violence (Part X); to amend the executive law, in relation to  prohib-
   iting  discrimination based on citizenship or immigration status (Part
   Y); to utilize reserves in the mortgage  insurance  fund  for  various
   housing purposes (Part Z); to amend the real property law, in relation
   to  providing  for the creation of accessory dwelling units (Part AA);
   to amend the executive law, in relation to making it unlawful  for  an
   individual  who has been convicted of one or more criminal offenses to
   be discriminated against in housing (Part BB); to amend  the  multiple
   dwelling law, in relation to the floor area ratio (FAR) in the city of
   New York (Part CC); to amend the multiple dwelling law, in relation to
   hotel and commercial conversion (Part DD); intentionally omitted (Part
   EE);  to  amend the real property law, in relation to tenant selection
   screening guidelines  (Part  FF);  to  amend  the  executive  law,  in
   relation to the state's language access policy (Part GG); to amend the
   retirement  and  social  security law, in relation to waiving approval
   and income limitations on retirees employed  in  public  schools;  and
   providing  for  the  repeal of such provisions upon expiration thereof
   (Part HH); and to amend the real property  tax  law,  in  relation  to
   enacting  the  affordable  neighborhoods for New Yorkers tax incentive
   (Part II)

   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 2022-2023 state fiscal year. Each component is
 wholly  contained  within  a  Part identified as Parts A through II. 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.
 S. 8006--A                          4                         A. 9006--A
 
 Section three of this act sets forth the general effective date of  this
 act.
 
                                  PART A
 
   Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
 tion law, as amended by section 1 of part A of chapter 56 of the laws of
 2021, 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
 S. 8006--A                          5                         A. 9006--A
 
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year which shall, notwithstanding the requirements of subparagraph  (vi)
 of  paragraph  a  of  subdivision  two  of this section, provide for the
 expenditure  of  an  amount  which  shall  be  not  less than the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further that a school district that submitted a contract for  excellence
 for  the  two thousand fifteen--two thousand sixteen school year, unless
 all schools in the district are identified as in  good  standing,  shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of  subparagraph (vi) of paragraph a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand fifteen--two  thousand  sixteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand sixteen--two thousand  seventeen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 seventeen--two  thousand eighteen school year which shall, notwithstand-
 ing the requirements of subparagraph (vi) of paragraph a of  subdivision
 two  of  this  section,  provide  for the expenditure of an amount which
 shall be not less than the amount approved by the  commissioner  in  the
 contract  for  excellence  for  the  two  thousand sixteen--two thousand
 seventeen school year; and provided further that a school district  that
 submitted  a contract for excellence for the two thousand seventeen--two
 thousand eighteen school year, unless all schools in  the  district  are
 identified  as  in good standing, shall submit a contract for excellence
 for the two thousand eighteen--two thousand nineteen school  year  which
 shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
 graph a of subdivision two of this section, provide for the  expenditure
 of  an  amount  which  shall be not less than the amount approved by the
 commissioner in the contract for excellence for the two thousand  seven-
 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
 S. 8006--A                          6                         A. 9006--A
 
 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
 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;  AND PROVIDED FURTHER THAT, A SCHOOL
 DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE  TWO  THOUSAND
 TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO 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--TWO  THOUSAND  TWENTY-
 THREE  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 TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR.
 For purposes of this paragraph, the "gap elimination adjustment percent-
 age" 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 adjust-
 ment computed pursuant to chapter fifty-three of the laws of  two  thou-
 sand  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 activities 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.  Subdivision  4  of  section 3602 of education law is amended by
 adding a new paragraph j to read as follows:
   J. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND
 TWENTY-THREE SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE
 CONTRARY,  FOUNDATION  AID  PAYABLE  IN THE TWO THOUSAND TWENTY-TWO--TWO
 THOUSAND TWENTY-THREE SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE TOTAL
 FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION  ONE
 OF  THIS  SECTION  PLUS  THE  GREATER OF (A) THE PRODUCT OF THE PHASE-IN
 FOUNDATION INCREASE FACTOR AS COMPUTED PURSUANT TO SUBPARAGRAPH (II)  OF
 PARAGRAPH  B  OF THIS SUBDIVISION MULTIPLIED BY THE POSITIVE DIFFERENCE,
 IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A  OF
 THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
 ANT  TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE PROD-
 UCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE  TOTAL  FOUNDATION  AID
 BASE  COMPUTED  PURSUANT  TO  PARAGRAPH  J  OF  SUBDIVISION  ONE OF THIS
 SECTION.
   § 3. Section 3602 of the education law is  amended  by  adding  a  new
 subdivision 4-a to read as follows:
   4-A.    FOUNDATION  AID  MAINTENANCE OF EQUITY AID. 1. FOR PURPOSES OF
 THIS SUBDIVISION THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
   A. "HIGH-NEED LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH (1) THE
 HIGHEST PERCENTAGE OF ECONOMICALLY DISADVANTAGED STUDENTS AS  CALCULATED
 BASED  ON  THE  MOST  RECENT  SMALL  AREA  INCOME  AND POVERTY ESTIMATES
 PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE  CUMULATIVE  SUM
 S. 8006--A                          7                         A. 9006--A
 
 OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER THAN
 OR  EQUAL TO THE PRODUCT OF FIVE-TENTHS (0.5) AND THE STATEWIDE TOTAL OF
 SUCH ENROLLMENT.
   B.  "HIGHEST-POVERTY  LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH
 (1) THE HIGHEST PERCENTAGE OF  ECONOMICALLY  DISADVANTAGED  STUDENTS  AS
 CALCULATED  BASED ON THE MOST RECENT SMALL AREA INCOME AND POVERTY ESTI-
 MATES PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE
 SUM OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS  GREATER
 THAN OR EQUAL TO THE PRODUCT OF TWO-TENTHS (0.2) AND THE STATEWIDE TOTAL
 OF SUCH ENROLLMENT.
   C.  "ELIGIBLE  DISTRICTS" SHALL MEAN SCHOOL DISTRICTS DEFINED AS HIGH-
 NEED LEAS OR HIGHEST-POVERTY LEAS IN THE CURRENT YEAR WHICH ARE  SUBJECT
 TO  THE  STATE  LEVEL  MAINTENANCE OF EQUITY REQUIREMENT IN THE AMERICAN
 RESCUE PLAN ACT OF 2021, SECTION 2004, PART 1,  SUBTITLE  A,  TITLE  II,
 (PUBLIC LAW 117-2) FOR THE CURRENT YEAR.
   D.  "STATE  FUNDING" SHALL MEAN ANY APPORTIONMENT PROVIDED PURSUANT TO
 SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN  HUNDRED  FIFTY-
 ONE,  AND  SEVEN HUNDRED FIFTY-THREE OF THIS CHAPTER PLUS APPORTIONMENTS
 PURSUANT TO SUBDIVISIONS FOUR, FIVE-A, TEN, TWELVE, AND SIXTEEN OF  THIS
 SECTION.
   E.  "LOCAL  EDUCATIONAL AGENCY ENROLLMENT" SHALL MEAN THE UNDUPLICATED
 COUNT OF ALL CHILDREN REGISTERED  TO  RECEIVE  EDUCATIONAL  SERVICES  IN
 GRADES  KINDERGARTEN  THROUGH  TWELVE,  INCLUDING  CHILDREN  IN UNGRADED
 PROGRAMS, AS REGISTERED ON THE DATE PRIOR  TO  NOVEMBER  FIRST  THAT  IS
 SPECIFIED  BY  THE COMMISSIONER AS THE ENROLLMENT REPORTING DATE, REGIS-
 TERED IN A LOCAL EDUCATIONAL AGENCY AS DEFINED PURSUANT TO SECTION  7801
 OF TITLE 20 OF THE UNITED STATES CODE.
   2. ELIGIBLE DISTRICTS SHALL RECEIVE AN APPORTIONMENT OF FOUNDATION AID
 MAINTENANCE  OF  EQUITY  AID IN THE CURRENT YEAR IF THE COMMISSIONER, IN
 CONSULTATION WITH THE DIRECTOR OF THE BUDGET,  DETERMINES  THE  DISTRICT
 WOULD  OTHERWISE  RECEIVE  A  REDUCTION  IN STATE FUNDING ON A PER PUPIL
 BASIS INCONSISTENT WITH THE FEDERAL STATE LEVEL  MAINTENANCE  OF  EQUITY
 REQUIREMENT.  THIS  APPORTIONMENT SHALL BE EQUAL TO THE AMOUNT NECESSARY
 TO ENSURE COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF  EQUITY
 REQUIREMENT.    THIS  APPORTIONMENT  SHALL  BE  PAID IN THE CURRENT YEAR
 PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART.
   § 4. Clause (ii) of paragraph j of subdivision 1 of  section  3602  of
 the  education  law, as amended by section 11 of part B of chapter 57 of
 the laws of 2007, is amended to read as follows:
   (ii) For aid payable in the  two  thousand  eight--two  thousand  nine
 school  year  and  thereafter, the total foundation aid base shall equal
 the total amount a district was eligible to receive  in  the  base  year
 pursuant to subdivision four of this section PLUS FOUNDATION AID MAINTE-
 NANCE OF EQUITY AID PURSUANT TO SUBDIVISION FOUR-A OF THIS SECTION.
   §  5.  Section  3602-b of the education law is amended by adding a new
 subdivision 3 to read as follows:
   3. A. IN ADDITION TO APPORTIONMENTS CALCULATED  PURSUANT  TO  SUBDIVI-
 SIONS  ONE AND TWO OF THIS SECTION, EACH SCHOOL DISTRICT EMPLOYING FEWER
 THAN EIGHT TEACHERS DEFINED AS ELIGIBLE PURSUANT  TO  PARAGRAPH  ONE  OF
 SUBDIVISION  FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL
 RECEIVE AN ADDITIONAL APPORTIONMENT OF PUBLIC MONEY IN THE CURRENT  YEAR
 IF  THE  COMMISSIONER,  IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET,
 DETERMINES THE DISTRICT WOULD OTHERWISE RECEIVE  A  REDUCTION  IN  STATE
 FUNDING,  AS  DEFINED  IN SUBPARAGRAPH D OF PARAGRAPH ONE OF SUBDIVISION
 FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, ON  A  PER  PUPIL
 S. 8006--A                          8                         A. 9006--A
 
 BASIS  INCONSISTENT  WITH  THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
 REQUIREMENT.
   B.  THE  MAINTENANCE OF EQUITY AID SHALL BE EQUAL TO THE AMOUNT NECES-
 SARY TO ENSURE COMPLIANCE WITH THE FEDERAL STATE  LEVEL  MAINTENANCE  OF
 EQUITY  REQUIREMENT  IN  THE  AMERICAN  RESCUE PLAN ACT OF 2021, SECTION
 2004, PART 1, SUBTITLE A, TITLE II, (PUBLIC LAW 117-2) FOR  THE  CURRENT
 YEAR.
   §  6.  Section  3602  of  the education law is amended by adding a new
 subdivision 6-i to read as follows:
   6-I. BUILDING AID AND THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOP-
 MENT  AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE. 1. FOR AID
 PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-TWO--TWO THOUSAND  TWEN-
 TY-THREE  AND  THEREAFTER,  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE
 CONTRARY, THE APPORTIONMENT  TO  ANY  DISTRICT  UNDER  SUBDIVISION  SIX,
 SIX-A,  SIX-B, SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION FOR CAPITAL
 OUTLAYS FOR SCHOOL BUILDING PROJECTS FOR  ENERGY  EFFICIENCY  SHALL  NOT
 EXCLUDE GRANTS AUTHORIZED PURSUANT TO THE NEW YORK STATE ENERGY RESEARCH
 AND  DEVELOPMENT  AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE
 FROM AIDABLE EXPENDITURES, PROVIDED THAT THE SUM OF  APPORTIONMENTS  FOR
 THESE  PROJECTS  CALCULATED  PURSUANT  TO SUBDIVISION SIX, SIX-A, SIX-B,
 SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION AND SUCH GRANTS SHALL  NOT
 EXCEED THE ACTUAL PROJECT EXPENDITURES.
   2.  THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
 PROVIDE A LIST OF  ENERGY  EFFICIENCY  GRANTS  AWARDED  TO  EACH  SCHOOL
 DISTRICT TO THE COMMISSIONER NO LATER THAN ONE MONTH PRIOR TO THE END OF
 EACH  CALENDAR  YEAR  AND EACH SCHOOL YEAR.  THIS LIST SHALL INCLUDE THE
 CAPITAL CONSTRUCTION PROJECT OR PROJECTS FUNDED BY THE GRANTS, THE AWARD
 AMOUNTS OF EACH INDIVIDUAL PROJECT GRANT, THE  DISTRICT  RECEIVING  SUCH
 GRANTS,  THE  SCHOOLS RECEIVING SUCH GRANTS, THE DATE ON WHICH THE GRANT
 WAS RECEIVED, AND ANY OTHER INFORMATION NECESSARY FOR THE CALCULATION OF
 AID PURSUANT TO SUBDIVISION SIX, SIX-A, SIX-B, SIX-C, SIX-E,  SIX-F,  OR
 SIX-H OF THIS SECTION.
   § 7. Paragraph a of subdivision 4 of section 3204 of the education law
 is amended to read as follows:
   a.  A  full  time day school or class, except as otherwise prescribed,
 shall be in session for not less than one hundred [ninety]  EIGHTY  days
 each year, [inclusive] EXCLUSIVE of legal holidays that occur during the
 term of said school and exclusive of Saturdays.
   §  8.  Paragraph  s  of subdivision 1 of section 3602 of the education
 law, as amended by section 11 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   s.  "Extraordinary  needs  count" shall mean the sum of the product of
 the [limited English proficiency] ENGLISH LANGUAGE LEARNER count  multi-
 plied by fifty percent, plus, the poverty count and the sparsity count.
   §  9. Subdivision 6 of section 3602 of the education law is amended by
 adding a new paragraph k to read as follows:
   K. FINAL COST REPORT PENALTIES. (1)  ALL  ACTS  DONE  AND  PROCEEDINGS
 HERETOFORE  HAD  AND  TAKEN  OR  CAUSED  TO  BE  HAD AND TAKEN BY SCHOOL
 DISTRICTS AND BY ALL ITS OFFICERS OR AGENTS RELATING TO OR IN CONNECTION
 WITH FINAL BUILDING COST REPORTS REQUIRED TO BE FILED WITH  THE  DEPART-
 MENT  FOR APPROVED BUILDING PROJECTS FOR WHICH A CERTIFICATE OF SUBSTAN-
 TIAL COMPLETION WAS AND/OR IS ISSUED ON OR AFTER APRIL  FIRST,  NINETEEN
 HUNDRED NINETY-FIVE, WHERE A FINAL COST REPORT WAS NOT SUBMITTED BY JUNE
 THIRTIETH  OF  THE  SCHOOL  YEAR IN WHICH THE CERTIFICATE OF SUBSTANTIAL
 COMPLETION OF THE PROJECT WAS ISSUED BY THE ARCHITECT  OR  ENGINEER,  OR
 SIX  MONTHS AFTER ISSUANCE OF SUCH CERTIFICATE, WHICHEVER WAS LATER, AND
 S. 8006--A                          9                         A. 9006--A
 
 ALL ACTS INCIDENTAL THERETO ARE HEREBY  LEGALIZED,  VALIDATED,  RATIFIED
 AND  CONFIRMED,  NOTWITHSTANDING ANY FAILURE TO COMPLY WITH THE APPROVAL
 AND FILING PROVISIONS OF THE EDUCATION LAW OR ANY OTHER LAW OR ANY OTHER
 STATUTORY  AUTHORITY,  RULE  OR REGULATION, IN RELATION TO ANY OMISSION,
 ERROR, DEFECT, IRREGULARITY OR ILLEGALITY IN SUCH  PROCEEDINGS  HAD  AND
 TAKEN.
   (2)  THE  DEPARTMENT IS HEREBY DIRECTED TO CONSIDER THE APPROVED COSTS
 OF THE AFOREMENTIONED PROJECTS AS VALID AND PROPER OBLIGATIONS  OF  SUCH
 SCHOOL DISTRICTS AND SHALL NOT RECOVER ON OR AFTER JULY FIRST, TWO THOU-
 SAND  THIRTEEN  ANY PENALTY ARISING FROM THE LATE FILING OF A FINAL COST
 REPORT, PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED ON OR AFTER  JULY
 FIRST,  TWO  THOUSAND THIRTEEN   SHALL BE DEEMED A PAYMENT OF MONEYS DUE
 FOR PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION FIVE  OF  SECTION
 THIRTY-SIX  HUNDRED FOUR OF THIS PART AND SHALL BE PAID TO THE APPROPRI-
 ATE DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
   (A) SUCH SCHOOL DISTRICT SUBMITTED THE LATE OR MISSING FINAL  BUILDING
 COST REPORT TO THE COMMISSIONER;
   (B) SUCH COST REPORT IS APPROVED BY THE COMMISSIONER;
   (C)  ALL STATE FUNDS EXPENDED BY THE SCHOOL DISTRICT, AS DOCUMENTED IN
 SUCH COST REPORT, WERE PROPERLY EXPENDED FOR SUCH  BUILDING  PROJECT  IN
 ACCORDANCE WITH THE TERMS AND CONDITIONS FOR SUCH PROJECT AS APPROVED BY
 THE COMMISSIONER; AND
   (D)  THE FAILURE TO SUBMIT SUCH REPORT IN A TIMELY MANNER WAS AN INAD-
 VERTENT ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL  DISTRICT,
 AND  THERE  IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER INTENT BY
 SUCH DISTRICT.
   § 10. Section 3625 of education law is amended by adding a new  subdi-
 vision 5 to read as follows:
   5. TRANSPORTATION CONTRACT PENALTIES. A. ALL ACTS DONE AND PROCEEDINGS
 HERETOFORE HAD AND TAKEN OR CAUSED TO BE HAD AND TAKEN RELATING TO OR IN
 CONNECTION WITH A TRANSPORTATION CONTRACT, AND ALL ACTS INCIDENTAL HERE-
 TO  ARE  HEREBY  LEGALIZED,  VALIDATED, RATIFIED AND CONFIRMED, NOTWITH-
 STANDING ANY FAILURE TO COMPLY WITH THE  CONTRACT  AWARD,  APPROVAL  AND
 FILING PROVISIONS OF THE EDUCATION LAW, THE GENERAL MUNICIPAL LAW OR ANY
 OTHER  LAW  OR  ANY OTHER STATUTORY AUTHORITY, RULE OR REGULATION, OTHER
 THAN THOSE FILING PROVISIONS DEFINED IN PARAGRAPH A OF SUBDIVISION  FIVE
 OF  SECTION  THIRTY-SIX HUNDRED FOUR OF THIS ARTICLE, IN RELATION TO ANY
 OMISSION, ERROR, DEFECT, IRREGULARITY OR ILLEGALITY IN  SUCH  PROCEEDING
 HAD AND TAKEN.
   B.  THE  DEPARTMENT  IS HEREBY DIRECTED TO CONSIDER THE AFOREMENTIONED
 CONTRACTS FOR TRANSPORTATION AID AS VALID  AND  PROPER  OBLIGATIONS  AND
 SHALL  NOT  RECOVER  FROM SUCH SCHOOL DISTRICTS ANY PENALTY ARISING FROM
 THE FAILURE TO SUBMIT A TRANSPORTATION  CONTRACT  IN  A  TIMELY  MANNER,
 PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED SHALL BE DEEMED A PAYMENT
 OF  MONEYS  DUE  FOR  PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION
 FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS  ARTICLE  AND  SHALL  BE
 PAID TO THE SCHOOL DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
   (1)  SUCH  SCHOOL  DISTRICT SUBMITTED THE CONTRACT TO THE COMMISSIONER
 AND SUCH CONTRACT IS FOR SERVICES IN THE TWO THOUSAND TWELVE--TWO  THOU-
 SAND THIRTEEN SCHOOL YEAR OR THEREAFTER;
   (2) SUCH CONTRACT IS APPROVED BY THE COMMISSIONER;
   (3)  ALL  STATE  FUNDS  EXPENDED  BY THE SCHOOL DISTRICT WERE PROPERLY
 EXPENDED FOR SUCH TRANSPORTATION AS APPROVED BY THE COMMISSIONER; AND
   (4) THE FAILURE TO EXECUTE OR SUBMIT SUCH CONTRACT IN A TIMELY  MANNER
 WAS AN INADVERTENT ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL
 S. 8006--A                         10                         A. 9006--A
 
 DISTRICT,  AND  THERE IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER
 INTENT BY SUCH DISTRICT.
   §  11.  Subdivision  2 of section 3625 of education law, as amended by
 chapter 474 of the laws of 1996, is amended to read as follows:
   2. Filing of transportation contracts. Every  transportation  contract
 shall be filed with the department within one hundred twenty days of the
 commencement  of service under such contract.  No transportation expense
 shall be allowed for a period greater than one hundred twenty days prior
 to the filing of any contract for the transportation of pupils with  the
 education  department.  No  contract shall be considered filed unless it
 bears an original signature, IN THE CASE OF A  WRITTEN  DOCUMENT,  OR  A
 CERTIFICATION, IN THE CASE OF AN APPROVED ELECTRONIC FORM, of the super-
 intendent of a school district or the designee of the superintendent and
 the  sole  trustee  or president of the board of education of the school
 district.  The final approval of any such contract by  the  commissioner
 shall  not,  however, obligate the state to allow transportation expense
 in an amount greater than the amount that would  be  allowed  under  the
 provisions  of  this part.   The state, acting through the department of
 audit and control, may examine any and all accounts of the contractor in
 connection with a contract for the transportation of pupils,  and  every
 such  contract  shall  contain  the following provision: "The contractor
 hereby consents to an audit of any and all financial records relating to
 this contract by the department of audit and control."
   § 11-a. Subdivision 1 of section 3625 of the education law, as amended
 by section 47 of part L of chapter 405 of the laws of 1999,  is  amended
 to read as follows:
   1. Form of transportation contracts. Every contract for transportation
 of school children shall be in writing OR IN AN ELECTRONIC FORM APPROVED
 BY  THE  COMMISSIONER  WHEN AVAILABLE, and before such contract is filed
 with the department as required by subdivision two of this section,  the
 same shall be submitted for approval to the superintendent of schools of
 said  district and such contract shall not be approved and filed by such
 superintendent unless he or she shall first investigate  the  same  with
 particular reference to the type of conveyance, the character and abili-
 ty  of  the  driver, the routes over which the conveyances shall travel,
 the time schedule, and such other matters as in  the  judgement  of  the
 superintendent are necessary for the comfort and protection of the chil-
 dren while being transported to and from school. Every such contract for
 transportation  of  children shall contain an agreement upon the part of
 the contractor that the vehicle shall come to a full stop before  cross-
 ing  the  track  or tracks of any railroad and before crossing any state
 highway.
   § 12. Section 34 of chapter 91 of the laws of 2002 amending the educa-
 tion law and other laws relating to reorganization of the New York  city
 school  construction authority, board of education and community boards,
 as amended by section 42 of part YYY of chapter 59 of the laws of  2019,
 is amended to read as follows:
   § 34. This act shall take effect July 1, 2002; provided, that sections
 one  through  twenty, twenty-four, and twenty-six through thirty of this
 act shall expire and be deemed repealed June 30, [2022]  2026  provided,
 further,  that notwithstanding any provision of article 5 of the general
 construction law, on June 30, [2022] 2026 the provisions of subdivisions
 3, 5, and 8, paragraph b of subdivision 13, subdivision  14,  paragraphs
 b,  d,  and  e  of subdivision 15, and subdivisions 17 and 21 of section
 2554 of the education law as repealed by  section  three  of  this  act,
 subdivision  1  of  section  2590-b  of the education law as repealed by
 S. 8006--A                         11                         A. 9006--A
 
 section six of this act, paragraph  (a)  of  subdivision  2  of  section
 2590-b  of  the  education law as repealed by section seven of this act,
 section 2590-c of the education law as repealed by section eight of this
 act, paragraph c of subdivision 2 of section 2590-d of the education law
 as  repealed by section twenty-six of this act, subdivision 1 of section
 2590-e of the education law as repealed by section twenty-seven of  this
 act,  subdivision  28 of section 2590-h of the education law as repealed
 by section twenty-eight of this act, subdivision 30 of section 2590-h of
 the education law as repealed by section twenty-nine of this act, subdi-
 vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
 section  thirty  of  this  act  shall  be  revived  and  be read as such
 provisions existed in law on the date immediately preceding  the  effec-
 tive  date of this act; provided, however, that sections seven and eight
 of this act shall take effect on November  30,  2003;  provided  further
 that  the  amendments to subdivision 25 of section 2554 of the education
 law made by section two of this act shall be subject to  the  expiration
 and  reversion of such subdivision pursuant to section 12 of chapter 147
 of the laws of 2001, as amended, when upon such date the  provisions  of
 section four of this act shall take effect.
   §  13. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
 amending the education law and other laws relating to the New York  city
 board of education, chancellor, community councils, and community super-
 intendents,  as  amended  by section 43 of part YYY of chapter 59 of the
 laws of 2019, is amended to read as follows:
   12. any provision in sections one, two, three, four, five, six, seven,
 eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
 section  17 of chapter 123 of the laws of 2003, as amended, shall expire
 and be deemed repealed June 30, [2022] 2026.
   § 14. The closing paragraph of subdivision 5-a of section 3602 of  the
 education law, as amended by section 12-b of part A of chapter 56 of the
 laws of 2021, 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-one]  TWENTY-TWO--two  thousand [twenty-two] TWENTY-THREE 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 enti-
 tled "SA0910".
   § 15. Subdivision 12 of section 3602 of the education law, as  amended
 by  section 13-a of part A of chapter 56 of the laws of 2021, 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
 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
 S. 8006--A                         12                         A. 9006--A
 
 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
 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
 S. 8006--A                         13                         A. 9006--A
 
 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 school year,
 each school district shall be entitled to an apportionment equal to  the
 amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
 under the heading "2019-20 ESTIMATED AIDS" in the  school  aid  computer
 listing  produced  by  the commissioner in support of the budget for the
 two thousand nineteen--two thousand  twenty  school  year  and  entitled
 "SA192-0",  and  such apportionment shall be deemed to satisfy the state
 obligation to provide an apportionment pursuant to subdivision eight  of
 section thirty-six hundred forty-one of this article.
   I.  For  the  two  thousand twenty-one--two thousand twenty-two school
 year AND THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND  TWENTY-THREE  SCHOOL
 YEAR,  each  school district shall be entitled to an apportionment equal
 to the amount set forth for such school district as  "ACADEMIC  ENHANCE-
 MENT"  under  the  heading  "2020-21  ESTIMATED  AIDS" in the school aid
 computer listing produced by the commissioner in support of  the  budget
 for  the  two  thousand  twenty--two thousand twenty-one school year and
 entitled "SA202-1", 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.
   §  16.  The opening paragraph of subdivision 16 of section 3602 of the
 education law, as amended by section 14-a of part A of chapter 56 of the
 laws of 2021, 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-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE
 school  years  equal to the greater of (1) the amount set forth for such
 school district as "HIGH TAX AID" under the heading "2008-09  BASE  YEAR
 AIDS" in the school aid computer listing produced by the commissioner in
 support of the budget for the two thousand nine--two thousand ten school
 year  and  entitled "SA0910" or (2) the amount set forth for such school
 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
 the school aid computer listing produced by the commissioner in  support
 of  the  executive  budget  for  the  2013-14  fiscal  year and entitled
 "BT131-4".
   § 17. Subdivision 16 of section  3602-ee  of  the  education  law,  as
 amended  by  section  23 of part A of chapter 56 of the laws of 2021, is
 amended to read as follows:
 S. 8006--A                         14                         A. 9006--A
 
   16. The authority of the department to administer the universal  full-
 day  pre-kindergarten  program shall expire June thirtieth, two thousand
 [twenty-two] TWENTY-THREE; provided that the program shall continue  and
 remain in full effect.
   §  18.  Paragraph  a of subdivision 5 of section 3604 of the education
 law, as amended by chapter 161 of the laws of 2005, is amended  to  read
 as follows:
   a. State aid adjustments. All errors or omissions in the apportionment
 shall  be  corrected by the commissioner. Whenever a school district has
 been apportioned less money than that  to  which  it  is  entitled,  the
 commissioner may allot to such district the balance to which it is enti-
 tled.  Whenever  a  school district has been apportioned more money than
 that to which it is entitled, the commissioner may, by an order,  direct
 such  moneys  to be paid back to the state to be credited to the general
 fund local assistance account for state  aid  to  the  schools,  or  may
 deduct  such  amount  from  the  next  apportionment  to be made to said
 district, provided, however, that, upon notification of excess  payments
 of  aid for which a recovery must be made by the state through deduction
 of future aid payments, a school district may request that  such  excess
 payments  be  recovered  by  deducting  such  excess  payments  from the
 payments due to such school district and payable in the month of June in
 (i) the school year in which such notification was received and (ii) the
 two succeeding school years, provided further that  there  shall  be  no
 interest  penalty  assessed  against  such  district or collected by the
 state. Such request shall be made to the commissioner in  such  form  as
 the  commissioner  shall  prescribe, and shall be based on documentation
 that the total amount to be recovered is in excess of one percent of the
 district's total general fund  expenditures  for  the  preceding  school
 year.  The  amount to be deducted in the first year shall be the greater
 of (i) the sum of the amount of such excess payments that is  recognized
 as  a liability due to other governments by the district for the preced-
 ing school year and the positive remainder of the district's  unreserved
 fund  balance at the close of the preceding school year less the product
 of the district's total general  fund  expenditures  for  the  preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments.  The amount to be recovered in the second year shall equal the
 lesser of the remaining amount of such excess payments to  be  recovered
 or  one-third  of such excess payments, and the remaining amount of such
 excess payments shall be recovered in the third year.  Provided  further
 that,  notwithstanding  any  other  provisions  of this subdivision, any
 pending payment of moneys due to such district as a prior  year  adjust-
 ment  payable pursuant to paragraph c of this subdivision for aid claims
 that had been previously paid as current year aid payments in excess  of
 the  amount  to which the district is entitled and for which recovery of
 excess payments is to be made  pursuant  to  this  paragraph,  shall  be
 reduced  at  the  time  of  actual  payment by any remaining unrecovered
 balance of such excess payments, and the remaining scheduled  deductions
 of  such  excess payments pursuant to this paragraph shall be reduced by
 the commissioner to reflect the amount so recovered.  [The  commissioner
 shall certify no payment to a school district based on a claim submitted
 later  than three years after the close of the school year in which such
 payment was first to be made.  For claims for which payment is first  to
 be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
 the commissioner shall certify no payment to a school district based  on
 a  claim  submitted  later than two years after the close of such school
 year.] For claims for which payment is first to be made [in the nineteen
 S. 8006--A                         15                         A. 9006--A

 hundred ninety-seven--ninety-eight school year and thereafter] PRIOR  TO
 THE  TWO  THOUSAND  TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, the
 commissioner shall certify no payment to a school district  based  on  a
 claim submitted later than one year after the close of such school year.
 FOR  CLAIMS  FOR  WHICH  PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
 TWENTY-ONE--TWO THOUSAND TWENTY-TWO  SCHOOL  YEAR  AND  THEREAFTER,  THE
 COMMISSIONER  SHALL  CERTIFY  NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
 CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF  SUCH  SCHOOL  YEAR.
 Provided,  however,  no  payments  shall be barred or reduced where such
 payment is required as a result of a final audit of the  state.  [It  is
 further  provided  that,  until June thirtieth, nineteen hundred ninety-
 six, the commissioner may grant a waiver from  the  provisions  of  this
 section  for any school district if it is in the best educational inter-
 ests of the district pursuant to guidelines developed by the commission-
 er and approved by the director of the budget.] FURTHER, PROVIDED, THAT,
 FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED  ONE,
 SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE, SEVEN HUNDRED FIFTY-
 THREE,  NINETEEN  HUNDRED  FIFTY,  THIRTY-SIX  HUNDRED  TWO,  THIRTY-SIX
 HUNDRED  TWO-B,  THIRTY-SIX  HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND
 FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-ONE-
 -TWO THOUSAND TWENTY-TWO AND TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWEN-
 TY-THREE SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO  PAYMENT  TO  A
 SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS  PURSUANT TO SUBDIVISIONS FOUR,
 SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
 FILE USED TO PRODUCE THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY  THE
 COMMISSIONER  IN  SUPPORT  OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
 THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE STATE FISCAL YEAR
 AND ENTITLED "BT222-3", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
 PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN  HUNDRED  ELEVEN,
 SEVEN  HUNDRED  FIFTY-ONE,  SEVEN  HUNDRED FIFTY-THREE, NINETEEN HUNDRED
 FIFTY,   THIRTY-SIX HUNDRED TWO, THIRTY-SIX  HUNDRED  TWO-B,  THIRTY-SIX
 HUNDRED  TWO-C,  THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
 THIS CHAPTER FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR
 SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
 A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT  TO  SUBDIVISIONS  FOUR,
 SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
 FILE  USED  TO  PRODUCE  THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
 COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET  REQUEST  SUBMITTED  FOR
 THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
   § 19. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  26 of part A of chapter 56 of the laws of 2021, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year through the two thousand twenty-one--two thousand 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 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
 S. 8006--A                         16                         A. 9006--A
 
 section  thirty-six  hundred  four  of  this  part or any deduction from
 apportionment payable pursuant to  this  chapter  for  collection  of  a
 school  district  basic  contribution as defined in subdivision eight of
 section forty-four hundred one of this chapter, less any grants provided
 pursuant  to  subparagraph  two-a  of paragraph b of subdivision four of
 section ninety-two-c of the state finance law, less any grants  provided
 pursuant  to  subdivision five of section ninety-seven-nnnn of the state
 finance law, less any grants provided pursuant to subdivision twelve  of
 section thirty-six hundred forty-one of this article, or (ii) the appor-
 tionment  calculated  by  the  commissioner based on data on file at the
 time the payment is processed; provided however, that for  the  purposes
 of  any  payments made pursuant to this section prior to the first busi-
 ness day of June of the  current  year,  moneys  apportioned  shall  not
 include  any  aids payable pursuant to subdivisions six and fourteen, if
 applicable, of section thirty-six hundred two of this  part  as  current
 year  aid for debt service on bond anticipation notes and/or bonds first
 issued in the current year or any aids payable for full-day kindergarten
 for the current year pursuant to subdivision nine of section  thirty-six
 hundred  two  of  this part. The definitions of "base year" and "current
 year" as set forth in subdivision one of section thirty-six hundred  two
 of  this  part  shall apply to this section. [For aid payable in the two
 thousand twenty-one--two thousand twenty-two school year,  reference  to
 such  "school  aid computer listing for the current year" shall mean the
 printouts entitled "SA212-2".] FOR AID PAYABLE IN THE TWO THOUSAND TWEN-
 TY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR  AND  THEREAFTER,  "MONEYS
 APPORTIONED"  SHALL  MEAN THE SUM OF APPORTIONMENTS PROVIDED PURSUANT TO
 SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE  PLUS
 THE  LESSER  OF:  (1)  THE  SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE
 AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE  PURSUANT  TO  THIS
 SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED
 BY  THE  COMMISSIONER  IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH
 INCLUDES THE APPROPRIATION FOR THE GENERAL SUPPORT  FOR  PUBLIC  SCHOOLS
 FOR  THE  PRESCRIBED  PAYMENTS  AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO
 APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT  PAYABLE  DURING
 THE  CURRENT  SCHOOL  YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS  PART  MINUS  ANY  REDUCTIONS  TO
 CURRENT  YEAR  AIDS  PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX
 HUNDRED FOUR OF THIS PART OR ANY DEDUCTION  FROM  APPORTIONMENT  PAYABLE
 PURSUANT  TO  THIS  CHAPTER  FOR  COLLECTION  OF A SCHOOL DISTRICT BASIC
 CONTRIBUTION AS DEFINED  IN  SUBDIVISION  EIGHT  OF  SECTION  FORTY-FOUR
 HUNDRED  ONE  OF  THIS  CHAPTER,  LESS  ANY  GRANTS PROVIDED PURSUANT TO
 SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF  SECTION  NINE-
 TY-TWO-C  OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO
 SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE  FINANCE  LAW,
 LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIR-
 TY-SIX  HUNDRED  FORTY-ONE OF THIS ARTICLE, LESS APPORTIONMENTS PROVIDED
 PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
 ARTICLE,  OR  (2) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER BASED
 ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED,  EXCLUDING  APPOR-
 TIONMENTS  PROVIDED  PURSUANT  TO SUBDIVISION FOUR OF SECTION THIRTY-SIX
 HUNDRED TWO OF THIS ARTICLE; 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 APPLICA-
 BLE, 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
 S. 8006--A                         17                         A. 9006--A
 
 THE  CURRENT  YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN FOR THE
 CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX  HUNDRED
 TWO  OF  THIS  PART. FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO
 THOUSAND TWENTY-THREE SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUT-
 ER  LISTING  FOR  THE  CURRENT  YEAR"  SHALL MEAN THE PRINTOUTS ENTITLED
 "BT222-3".
   § 20. 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
 39  of  part  A of chapter 56 of the laws of 2021, is amended to read as
 follows:
   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,  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  twenty-
 five  cents  per  contact  hour,  [and] reimbursement for the 2021--2022
 school year shall not exceed 56.0 percent of the lesser of such approva-
 ble costs per contact hour  or  sixteen  dollars  and  forty  cents  per
 contact hour, AND REIMBURSEMENT FOR THE 2022--2023 SCHOOL YEAR SHALL NOT
 EXCEED  55.7  PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT
 HOUR OR SEVENTEEN DOLLARS AND FIVE CENTS PER CONTACT HOUR, and  where  a
 contact  hour  represents sixty minutes of instruction services provided
 to an eligible adult.  Notwithstanding any other provision of law to the
 contrary, for the 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 thousand four
 hundred  forty-four  (1,444,444);  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) ; AND FOR THE 2022-
 -2023 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION  THREE
 HUNDRED  SIXTY-NINE  THOUSAND  EIGHT  HUNDRED  SIXTY-THREE  (1,369,863).
 Notwithstanding any other provision of law to the contrary,  the  appor-
 tionment 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 eligi-
 ble for aid in accordance with the provisions of such subdivision 11  of
 section 3602 of the education law.
   §  21. 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 aa to read as follows:
   AA. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION  OF PAYMENTS FOR THE 2022-23 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
 S. 8006--A                         18                         A. 9006--A

 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
 AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
   §  22. 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 41 of part A of
 chapter 56 of the laws of 2021, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed on June 30, [2022] 2023.
   § 23. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating to certain provisions related to the 1994-95 state  operations,
 aid to localities, capital projects and debt service budgets, as amended
 by section 33 of part A of chapter 56 of the laws of 2020, is amended to
 read as follows:
   1.  Sections  one  through seventy of this act shall be deemed to have
 been in full force and effect as of April  1,  1994  provided,  however,
 that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
 through seventy of this act shall expire and be deemed repealed on March
 31, 2000; provided, however, that section twenty of this act shall apply
 only to hearings commenced prior to  September  1,  1994,  and  provided
 further  that  section twenty-six of this act shall expire and be deemed
 repealed on March 31, 1997; and  provided  further  that  sections  four
 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
 twenty-one-a  of  this  act shall expire and be deemed repealed on March
 31, 1997; and provided further that sections three, fifteen,  seventeen,
 twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
 deemed repealed on March 31, [2022] 2024.
   § 24. 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 42 of part A of
 chapter 56 of the laws of 2021, 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, [2022] 2023 when
 upon such date the provisions of this act shall be deemed repealed.
   §  25.  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  43 of part A of chapter 56 of the laws of 2021, 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,
 2022].
   § 26. 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 44 of part A of chapter 56 of the
 laws of 2021, 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, 2022].
   § 27. Section 2 of chapter 552 of  the  laws  of  1995,  amending  the
 education  law  relating  to  contracts for the transportation of school
 children, as amended by section 45 of part YYY of chapter 59 of the laws
 of 2019, is amended to read as follows:
   § 2. This act shall take effect on  the  first  day  of  January  next
 succeeding the date on which it shall have become a law and shall remain
 S. 8006--A                         19                         A. 9006--A
 
 in  full  force  and effect until January 1, [2023] 2028, when upon such
 date the provisions of this act shall be deemed repealed.
   § 28. School bus driver training. In addition to apportionments other-
 wise  provided  by section 3602 of the education law, for aid payable in
 the 2022-2023 through the 2026-2027 school years, subject  to  available
 appropriation,  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-profit  educa-
 tional  organizations  for  the  purposes of this section. Such payments
 shall not exceed four hundred thousand  dollars  ($400,000)  per  school
 year.
   §  29.  Special  apportionment for salary expenses. a. Notwithstanding
 any other provision of law, upon  application  to  the  commissioner  of
 education,  not  sooner  than  the first day of the second full business
 week of June 2023 and not later than the last  day  of  the  third  full
 business week of June 2023, 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, 2023, for salary expenses incurred between April 1 and
 June 30, 2022 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.
 S. 8006--A                         20                         A. 9006--A
 
   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 appor-
 tionment 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 paragraph, 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.
   §  30. 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, 2023, 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, 2023 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  appor-
 tionment  payable  pursuant to subparagraph 2 of such paragraph followed
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 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 paragraph, 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.
   § 31. Section 1950 of the education law is amended  by  adding  a  new
 subdivision 8-d to read as follows:
   8-D.  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  AS  A  NON-COMPONENT  SCHOOL DISTRICT, SERVICES REQUIRED BY
 ARTICLE NINETEEN OF THE EDUCATION LAW.
   § 32. 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  2022--2023 school year. For the city
 school district of the city of New York there shall be  a  set-aside  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 set-aside  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-
 S. 8006--A                         22                         A. 9006--A
 
 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 2022--2023 school  year,  and
 for  any city school district in a city having a population of more than
 one million,  the  set-aside  for  attendance  improvement  and  dropout
 prevention  shall  equal  the amount set aside in the base year. For the
 2022--2023 school year, it is further  provided  that  any  city  school
 district  in  a  city having a population of more than one million shall
 allocate at least one-third of any increase from  base  year  levels  in
 funds set aside pursuant to the requirements of this section to communi-
 ty-based  organizations.  Any increase required pursuant to this section
 to community-based organizations must  be  in  addition  to  allocations
 provided to community-based organizations in the base year.
   d.  For the purpose of teacher support for the 2022--2023 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.
   §  33.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2022  enacting
 the  aid  to  localities  budget shall be apportioned for the 2022--2023
 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.
 S. 8006--A                         23                         A. 9006--A
 
   Notwithstanding  any other provision of law to the contrary the moneys
 appropriated for the support of public libraries for the year 2022--2023
 by a chapter of the laws of 2022 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 ensure that the total amount of aid payable
 does not exceed the total appropriations for such purpose.
   § 34. 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 or
 part of this act or remainder thereof, as the case may be, to any  other
 person  or  circumstance,  but shall be confined in its operation to the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 35. This act shall take effect immediately, and shall be  deemed  to
 have been in full force and effect on and after April 1, 2022, provided,
 however, that:
   1. Sections one, two, seven, eight, fourteen, fifteen, sixteen, seven-
 teen, nineteen, twenty-two, twenty-five, twenty-six, twenty-eight, thir-
 ty-one, and thirty-two, of this act shall take effect July 1, 2022;
   2.  Sections  three,  four, and five shall take effect immediately and
 shall expire September 30, 2024 when upon such date  the  provisions  of
 such sections shall be deemed repealed; and
   3.  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 twenty and twenty-one
 of this act shall not affect the repeal of such  chapter  and  shall  be
 deemed repealed therewith.
 
                                  PART B
 
   Section  1.  The education law is amended by adding a new section 3638
 to read as follows:
   § 3638. ZERO-EMISSION SCHOOL BUSES.   1.  FOR  THE  PURPOSES  OF  THIS
 SECTION  "ZERO-EMISSION SCHOOL BUS" SHALL MEAN A SCHOOL BUS THAT: (A) IS
 PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED  POWER  ELECTRONICS  WHICH
 PROVIDE  ACCELERATION  TORQUE  TO THE DRIVE WHEELS DURING NORMAL VEHICLE
 OPERATIONS; AND (B) DRAWS ELECTRICITY  FROM  A  HYDROGEN  FUEL  CELL  OR
 BATTERY.
   2.  NO  LATER THAN JULY FIRST, TWO THOUSAND TWENTY-SEVEN, EVERY SCHOOL
 DISTRICT SHALL:
   (A) ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES WHEN  PURCHASING
 OR LEASING NEW BUSES; AND
   (B)  INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
 SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR  THE
 SCHOOL  DISTRICT  MUST ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES
 WHEN PURCHASING OR LEASING NEW SCHOOL BUSES.
   3. NO LATER THAN JULY FIRST, TWO THOUSAND  THIRTY-FIVE,  EVERY  SCHOOL
 DISTRICT SHALL:
   (A) ONLY OPERATE AND MAINTAIN ZERO-EMISSION SCHOOL BUSES; AND
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   (B)  INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
 SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR  THE
 SCHOOL  DISTRICT  MUST  ONLY  OPERATE  ZERO-EMISSION  SCHOOL  BUSES WHEN
 PROVIDING SUCH TRANSPORTATION SERVICES TO THE SCHOOL DISTRICT.
   §  2.  Paragraphs c, d and e of subdivision 2 of section 3623-a of the
 education law, paragraph c as amended by chapter  453  of  the  laws  of
 2005, paragraph d as added by chapter 474 of the laws of 1996, and para-
 graph e as amended by section 66 of part A of chapter 436 of the laws of
 1997, are amended and a new paragraph f is added to read as follows:
   c.  The purchase of equipment deemed a proper school district expense,
 including: (i) the purchase of two-way radios to be used on old and  new
 school  buses, (ii) the purchase of stop-arms, to be used on old and new
 school buses, (iii) the purchase and installation of seat  safety  belts
 on  school buses in accordance with the provisions of section thirty-six
 hundred thirty-five-a of this article, (iv) the purchase of  school  bus
 back  up  beepers,  (v)  the purchase of school bus front crossing arms,
 (vi) the purchase  of  school  bus  safety  sensor  devices,  (vii)  the
 purchase  and  installation  of  exterior  reflective  marking on school
 buses, (viii)  the  purchase  of  automatic  engine  fire  extinguishing
 systems  for school buses used to transport students who use wheelchairs
 or other assistive mobility devices, and  (ix)  the  purchase  of  other
 equipment as prescribed in the regulations of the commissioner; [and]
   d.  Other  transportation  capital, debt service and lease expense, as
 approved pursuant to regulations of the commissioner[.];
   e.  Any  approved  cost  of  construction,  reconstruction,  lease  or
 purchase  of  a transportation storage facility or site in the amount of
 ten thousand dollars or more shall be aidable in accordance with  subdi-
 vision  six  of section thirty-six hundred two of this article and shall
 not be aidable as transportation expense[.]; AND
   F. APPROVED COSTS RELATING TO THE LEASE,  PURCHASE,  CONSTRUCTION,  OR
 INSTALLATION  OF  ZERO-EMISSION SCHOOL BUS ELECTRIC CHARGING OR HYDROGEN
 FUELING STATIONS. FOR THE PURPOSES  OF  THIS  SECTION,  A  ZERO-EMISSION
 SCHOOL  BUS  ELECTRIC  CHARGING STATION IS A STATION THAT DELIVERS ELEC-
 TRICITY FROM A SOURCE OUTSIDE A ZERO-EMISSION SCHOOL  BUS  INTO  ONE  OR
 MORE ZERO-EMISSION SCHOOL BUSES. AN ELECTRIC SCHOOL BUS CHARGING STATION
 MAY  INCLUDE  SEVERAL  CHARGE  POINTS  SIMULTANEOUSLY CONNECTING SEVERAL
 ZERO-EMISSION SCHOOL BUSES TO THE  STATION  AND  ANY  RELATED  EQUIPMENT
 NEEDED TO FACILITATE CHARGING PLUG-IN ZERO-EMISSION SCHOOL BUSES.
   §  3.  Paragraph  e  of subdivision 7 of section 3602 of the education
 law, as amended by section 4 of part L of chapter  57  of  the  laws  of
 2005, is amended to read as follows:
   e.  In  determining  approved transportation capital, debt service and
 lease expense for aid payable in the two thousand five--two thousand six
 school  year  and  thereafter,  the  commissioner,  after  applying  the
 provisions  of  paragraph  c  of this subdivision to such expense, shall
 establish an assumed amortization pursuant to this paragraph  to  deter-
 mine  the approved capital, debt service and lease expense of the school
 district that is aidable in the current year, whether or not the  school
 district  issues  debt  for  such expenditures, subject to any deduction
 pursuant to paragraph d of this subdivision. Such  assumed  amortization
 shall  be  for  a period of five years, AND FOR THE TWO THOUSAND TWENTY-
 TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER  SUCH  ASSUMED
 AMORTIZATION  FOR ZERO-EMISSION SCHOOL BUSES AS DEFINED IN SECTION THIR-
 TY-SIX HUNDRED THIRTY-EIGHT OF THIS CHAPTER AND RELATED  COSTS  PURSUANT
 TO  PARAGRAPH F OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWENTY-
 THREE-A OF THIS CHAPTER SHALL BE FOR A PERIOD OF TEN  YEARS,  and  shall
 S. 8006--A                         25                         A. 9006--A
 
 commence  twelve months after the school district enters into a purchase
 contract[,] OR lease of the school bus, CHARGING STATION, HYDROGEN REFU-
 ELING STATION, or equipment, or a general contract for the construction,
 reconstruction,  lease  or purchase of a transportation storage facility
 or site in an amount less than ten thousand dollars[; except that  where
 expenses  were  incurred  for  the  purchase or lease of a school bus or
 equipment or the construction, reconstruction, lease or  purchase  of  a
 transportation  storage  facility or site prior to July first, two thou-
 sand five and debt service was still outstanding or the lease was  still
 in effect as of such date, the assumed amortization shall commence as of
 July  first,  two thousand five and the period of the amortization shall
 be for a period equal to five years less the number of years, rounded to
 the nearest year, elapsed from the date upon which the  school  district
 first  entered  into such purchase contract or general contract and July
 first, two thousand five, as determined  by  the  commissioner,  or  the
 remaining  term of the lease as of such date]. Such assumed amortization
 shall provide for equal semiannual payments of  principal  and  interest
 based on an assumed interest rate established by the commissioner pursu-
 ant to this paragraph. By the first day of September of the current year
 commencing  with  the  two  thousand five--two thousand six school year,
 each school district shall provide  to  the  commissioner  in  a  format
 prescribed  by  the  commissioner  such  information as the commissioner
 shall require for all capital debt  incurred  by  such  school  district
 during  the  preceding  school  year  for expenses allowable pursuant to
 subdivision two of section thirty-six  hundred  twenty-three-a  of  this
 article.   Based  on  such  reported  amortizations  and  a  methodology
 prescribed by the commissioner in regulations,  the  commissioner  shall
 compute  an  assumed  interest  rate that shall equal the average of the
 interest rates applied to all such  debt  issued  during  the  preceding
 school  year.  The  assumed  interest rate shall be the interest rate of
 each such school  district  applicable  to  the  current  year  for  the
 purposes  of  this paragraph and shall be expressed as a decimal to five
 places rounded to the nearest eighth of one-one hundredth.
   § 4. Subparagraph 7 of paragraph e of subdivision 1 of section  3623-a
 of  the  education  law, as added by chapter 474 of the laws of 1996, is
 amended to read as follows:
   (7) fuel, oil, tires,  chains,  maintenance  and  repairs  for  school
 buses,  PROVIDED  THAT  FOR PURPOSES OF THIS ARTICLE, FUEL SHALL INCLUDE
 ELECTRICITY USED TO CHARGE OR  HYDROGEN  USED  TO  REFUEL  ZERO-EMISSION
 SCHOOL  BUSES  FOR  THE  AIDABLE TRANSPORTATION OF PUPILS, BUT SHALL NOT
 INCLUDE ELECTRICITY OR HYDROGEN USED FOR OTHER PURPOSES;
   § 5. Clause (a) of subdivision 29 of paragraph a of section  11.00  of
 the  local  finance  law,  as amended by section 2 of chapter 300 of the
 laws of 1971, is amended to read as follows:
   (a) a passenger vehicle, other than a ZERO-EMISSION school bus, having
 a seating capacity of less than ten persons,
   § 6. Subdivision 21-a of section 1604 of the education law,  as  added
 by chapter 472 of the laws of 1998, is amended to read as follows:
   21-a.  To  lease a motor vehicle or vehicles to be used for the trans-
 portation of the children of the district from a school district,  board
 of  cooperative  educational services or county vocational education and
 extension board or from any other source, under the conditions specified
 in this subdivision. No such agreement for the lease of a motor  vehicle
 or  vehicles  shall be for a term of more than one school year, provided
 that when authorized by a vote of the qualified voters of  the  district
 such  lease  may  have  a term of up to five years, OR TEN YEARS FOR THE
 S. 8006--A                         26                         A. 9006--A
 
 LEASE OF ZERO-EMISSION SCHOOL BUSES AS  DEFINED  IN  SECTION  THIRTY-SIX
 HUNDRED  THIRTY-EIGHT  OF  THIS  CHAPTER.  Where the trustee or board of
 trustees enter into a lease of a motor vehicle or vehicles  pursuant  to
 this  subdivision for a term of one school year or less, such trustee or
 board shall not be authorized to enter into another lease for  the  same
 or  an  equivalent replacement vehicle or vehicles, as determined by the
 commissioner, without obtaining approval of the qualified voters of  the
 school district.
   §  7.  Paragraph  i of subdivision 25 of section 1709 of the education
 law, as added by chapter 472 of the laws of 1998, is amended to read  as
 follows:
   i.  In addition to the authority granted in paragraph e of this subdi-
 vision, the board of education shall be  authorized  to  lease  a  motor
 vehicle or vehicles to be used for the transportation of the children of
 the district from sources other than a school district, board of cooper-
 ative  educational services or county vocational education and extension
 board under the conditions specified in this paragraph. No  such  agree-
 ment for the lease of a motor vehicle or vehicles shall be for a term of
 more  than  one  school year, provided that when authorized by a vote of
 the qualified voters of the district such lease may have a term of up to
 five years, OR TEN YEARS FOR THE LEASE OF ZERO-EMISSION SCHOOL BUSES  AS
 DEFINED  IN  SECTION  THIRTY-SIX  HUNDRED  THIRTY-EIGHT OF THIS CHAPTER.
 Where the board of education enters a lease of a motor vehicle or  vehi-
 cles  pursuant  to this paragraph for a term of one school year or less,
 such board shall not be authorized to enter into another  lease  of  the
 same  or an equivalent replacement vehicle or vehicles, as determined by
 the commissioner, without obtaining approval of the voters.
   § 8. Subdivision 29-a of paragraph a of section  11.00  of  the  local
 finance  law, as added by section 1 of part BB of chapter 58 of the laws
 of 2015, is amended to read as follows:
   29-a. Transit motor vehicles. The purchase of municipally owned  omni-
 bus  or similar surface transit motor vehicles OR A ZERO-EMISSION SCHOOL
 BUS OWNED BY A SCHOOL DISTRICT DEFINED PURSUANT TO  SUBDIVISION  TWO  OF
 SECTION TWO OF THIS CHAPTER, A CITY SCHOOL DISTRICT WITH A POPULATION OF
 MORE  THAN  ONE  HUNDRED  TWENTY-FIVE  THOUSAND INHABITANTS, OR BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES, ten years.
   § 9. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Subdivision 2 of section 3001  of  the  education  law,  as
 amended  by  chapter  658  of  the  laws  of 2002, is amended to read as
 follows:
   2. Not in possession of a teacher's certificate  OR  TEMPORARY  PERMIT
 issued  under  the  authority of this chapter or a diploma issued on the
 completion of a course in state college for teachers or  state  teachers
 college of this state.
   The  provisions  of  this  subdivision  shall not prohibit a certified
 teacher from permitting a practice  or  cadet  teacher  enrolled  in  an
 approved  teacher  education  program  from teaching a class without the
 presence of the certified teacher in the classroom provided  the  class-
 room certified teacher is available at all times and retains supervision
 of the practice or cadet teacher. The number of certified teachers shall
 not be diminished by reason of the presence of cadet teachers.
   §  2.  The  education law is amended by adding a new section 3001-e to
 read as follows:
 S. 8006--A                         27                         A. 9006--A

   § 3001-E. TEMPORARY PROFESSIONAL  PERMIT;  APPLICANT  PENDING  CERTIF-
 ICATE.  UPON SUBMISSION TO THE DEPARTMENT OF A COMPLETED APPLICATION AND
 DOCUMENTATION NECESSARY TO DEMONSTRATE QUALIFICATIONS REQUIRED TO OBTAIN
 A  TEACHER'S  CERTIFICATE  OR OTHER SCHOOL PROFESSION CERTIFICATE ISSUED
 UNDER THIS ARTICLE, AND THE APPLICANT'S WRITTEN ATTESTATION UNDER PENAL-
 TY  OF  PERJURY THAT THE APPLICANT HAS MET ALL REQUIREMENTS OF OBTAINING
 SUCH CERTIFICATE, THE COMMISSIONER SHALL ISSUE TO SUCH APPLICANT, WITHIN
 FIVE BUSINESS DAYS OF THE APPLICATION'S SUBMISSION, A  TEMPORARY  PERMIT
 VALIDATING HIS OR HER EMPLOYMENT IN A TEACHING CAPACITY OR OTHER PROFES-
 SIONAL CAPACITY, AS THE CASE MAY BE, IN THE PUBLIC SCHOOLS OF THE STATE.
 SUCH  APPLICATION  SHALL  BE  IN A FORM REQUIRED BY THE COMMISSIONER.  A
 TEMPORARY PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUE,  OR  UPON
 ISSUANCE  OF  A  CERTIFICATE  BY THE COMMISSIONER, OR UPON NOTICE TO THE
 APPLICANT BY THE DEPARTMENT THAT THE APPLICATION FOR A  CERTIFICATE  HAS
 BEEN  DENIED,  WHICHEVER  SHALL  OCCUR  FIRST. THE HOLDER OF A TEMPORARY
 PERMIT SHALL BE EMPLOYED IN A TEACHING CAPACITY  OR  OTHER  PROFESSIONAL
 CAPACITY,  AS  THE CASE MAY BE, IN A PUBLIC SCHOOL ONLY UNDER THE SUPER-
 VISION AND MENTORSHIP OF A PROFESSIONAL HOLDING A PERMANENT  OR  PROFES-
 SIONAL CERTIFICATE IN THE SAME PROFESSION IN NEW YORK STATE AND EMPLOYED
 IN  THE  SAME SCHOOL BUILDING, AND WITH THE ENDORSEMENT OF THE EMPLOYING
 SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
   § 3. The education law is amended by adding a new  section  3001-f  to
 read as follows:
   §  3001-F.  EMPLOYMENT  OF  INDIVIDUALS  HOLDING EXPIRED CERTIFICATES.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, REGULATION, OR RULE  TO  THE
 CONTRARY,  AN INDIVIDUAL HOLDING A CERTIFICATE ISSUED UNDER THIS ARTICLE
 WHICH HAS EXPIRED, AND WHO HAS REMAINED OTHERWISE QUALIFIED TO HOLD SUCH
 CERTIFICATE, SHALL BE AUTHORIZED TO BE EMPLOYED IN A  TEACHING  CAPACITY
 OR  OTHER PROFESSIONAL CAPACITY, AS THE CASE MAY BE AND AS ALLOWED UNDER
 THEIR EXPIRED CERTIFICATE, IN THE  PUBLIC  SCHOOLS  OF  THE  STATE  UPON
 NOTIFICATION  TO  THE COMMISSIONER AND PAYMENT OF THE APPLICABLE CERTIF-
 ICATE FEE. SUCH NOTIFICATION SHALL  BE  IN  A  FORM  DETERMINED  BY  THE
 COMMISSIONER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE
 COMMISSIONER  FROM  TAKING  ANY  INVESTIGATORY OR DISCIPLINARY ACTION AS
 AUTHORIZED UNDER LAW.
   § 4. Subdivision 1 of section 3006 of the education law is amended  by
 adding a new paragraph f to read as follows:
   F.  A  TEMPORARY PROFESSIONAL PERMIT AS AUTHORIZED UNDER SECTION THREE
 THOUSAND ONE-E OF THIS ARTICLE.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law;  provided, however, that section three of this act
 shall expire and be deemed repealed June 30, 2024. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such date.
 
                                  PART D
 
   Section 1. Subparagraph 4-b of paragraph h of subdivision 2 of section
 355 of the education law, as added by section 1 of part GG of chapter 56
 of the laws of 2021, is amended to read as follows:
   (4-b) [(i)] In state fiscal year two thousand twenty-two--two thousand
 twenty-three AND THEREAFTER, the state shall appropriate and make avail-
 able  general  fund  operating  support  in  the amount of [thirty-three
 percent of] the  tuition  credit  calculated  pursuant  to  section  six
 S. 8006--A                         28                         A. 9006--A

 hundred  eighty-nine-a of this chapter [for the two thousand twenty-two-
 -two thousand twenty-three academic year.
   (ii)  In  state  fiscal  year  two thousand twenty-three--two thousand
 twenty-four, the state shall appropriate and make available general fund
 operating support in the amount of sixty-seven percent  of  the  tuition
 credit  calculated pursuant to section six hundred eighty-nine-a of this
 chapter for the  two  thousand  twenty-three--two  thousand  twenty-four
 academic year.
   (iii)  Beginning  in  state  fiscal year two thousand twenty-four--two
 thousand twenty-five and thereafter, the  state  shall  appropriate  and
 make  available  general  fund  operating  support  in the amount of the
 tuition credit calculated pursuant to section six hundred  eighty-nine-a
 of this chapter] annually.
   §  2.  Paragraph (f) of subdivision 7 of section 6206 of the education
 law, as added by section 2 of part GG of chapter 56 of the laws of 2021,
 is amended to read as follows:
   (f) [(i)] In state fiscal year two thousand  twenty-two--two  thousand
 twenty-three AND THEREAFTER, the state shall appropriate and make avail-
 able  general  fund  operating  support  in  the amount of [thirty-three
 percent of] the  tuition  credit  calculated  pursuant  to  section  six
 hundred  eighty-nine-a of this chapter [for the two thousand twenty-two-
 -two thousand twenty-three academic year.
   (ii) In state fiscal  year  two  thousand  twenty-three--two  thousand
 twenty-four, the state shall appropriate and make available general fund
 operating  support  in  the amount of sixty-seven percent of the tuition
 credit calculated pursuant to section six hundred eighty-nine-a of  this
 chapter  for  the  two  thousand  twenty-three--two thousand twenty-four
 academic year.
   (iii) Beginning in state fiscal  year  two  thousand  twenty-four--two
 thousand  twenty-five  and  thereafter,  the state shall appropriate and
 make available general fund operating  support  in  the  amount  of  the
 tuition  credit calculated pursuant to section six hundred eighty-nine-a
 of this chapter] annually.
   § 3. This act shall take effect immediately.
 
                                  PART E

   Section 1. Section 667-c of the education law, as added by  section  1
 of  part  N  of  chapter  58  of the laws of 2006, is amended to read as
 follows:
   § 667-c. Part-time tuition assistance program awards. 1. Notwithstand-
 ing any law, rule or regulation to the contrary, the  president  of  the
 higher  education  services  corporation  is  authorized to make tuition
 assistance program awards to:
   A. part-time students enrolled at the state  university,  a  community
 college,  the  city  university of New York, and a non-profit college or
 university incorporated by the regents or by the  legislature  who  meet
 all  requirements  for  tuition assistance program awards except for the
 students' part-time attendance; OR
   B. STUDENTS ENROLLED PART-TIME AT A COMMUNITY COLLEGE IN A  NON-DEGREE
 WORKFORCE CREDENTIAL PROGRAM APPROVED BY THE NEW YORK STATE EMPIRE STATE
 DEVELOPMENT  CORPORATION AND THE NEW YORK STATE REGIONAL ECONOMIC DEVEL-
 OPMENT COUNCILS BASED ON AN ANALYSIS OF REGIONAL INDUSTRY TRENDS,  WORK-
 FORCE NEEDS AND EXISTING PROGRAM OFFERINGS.
   2. For purposes of this section[, a part-time student is one who]:
 S. 8006--A                         29                         A. 9006--A
 
   a.  FOR  STUDENTS  DEFINED  IN  PARAGRAPH A OF SUBDIVISION ONE OF THIS
 SECTION, A PART-TIME STUDENT IS ONE WHO: (I) enrolled  as  a  first-time
 freshman  during  the two thousand six--two thousand seven academic year
 or thereafter at a college or university within  the  state  university,
 including  a  statutory  or contract college, a community college estab-
 lished pursuant to article one hundred twenty-six of this  chapter,  the
 city  university  of  New  York,  or  a non-profit college or university
 incorporated by the regents or by the legislature;
   [b. has earned at least twelve credits  in  each  of  two  consecutive
 semesters at one of the institutions named in paragraph a of this subdi-
 vision by the time of the awards;
   c.]  (II)  is  enrolled for at least six but less than twelve semester
 hours, or the equivalent, per  semester  in  an  approved  undergraduate
 degree program; and
   [d.] (III) has a cumulative grade-point average of at least 2.00.
   B.  FOR  STUDENTS  DEFINED  IN  PARAGRAPH B OF SUBDIVISION ONE OF THIS
 SECTION, A PART-TIME STUDENT IS ONE WHO: (I) MEETS ALL REQUIREMENTS  FOR
 TUITION  ASSISTANCE  PROGRAM  AWARDS  EXCEPT FOR THE STUDENT'S PART-TIME
 ATTENDANCE AND ANY OTHER REQUIREMENTS THAT  ARE  INCONSISTENT  WITH  THE
 STUDENT'S ENROLLMENT IN A NON-DEGREE PROGRAM; AND
   (II)  IS  ENROLLED  IN  AN  APPROVED  NON-DEGREE  WORKFORCE CREDENTIAL
 PROGRAM AT A COMMUNITY  COLLEGE  ESTABLISHED  PURSUANT  TO  ARTICLE  ONE
 HUNDRED TWENTY-SIX OF THIS CHAPTER.
   3.  a. For part-time students defined in this section, the award shall
 be calculated as provided in section six  hundred  sixty-seven  of  this
 article and shall be in an amount equal to the enrollment factor percent
 of  the  award  the  student would have been eligible for if the student
 were enrolled full-time. [The] FOR PART-TIME STUDENTS DEFINED  IN  PARA-
 GRAPH  A  OF  SUBDIVISION  ONE  OF  THIS  SECTION, THE enrollment factor
 percent is the percentage obtained by dividing the number of credits the
 student is enrolled in, as certified by the school,  by  the  number  of
 credits required for full-time study in the semester, quarter or term as
 defined  by  the commissioner.   FOR PART-TIME STUDENTS DEFINED IN PARA-
 GRAPH B OF SUBDIVISION ONE OF THIS SECTION, THE ENROLLMENT FACTOR  SHALL
 BE  CALCULATED  PURSUANT TO REGULATIONS ESTABLISHED BY THE HIGHER EDUCA-
 TION SERVICES CORPORATION.
   b. [Any] (I) FOR PART-TIME STUDENTS DEFINED IN PARAGRAPH A OF SUBDIVI-
 SION ONE OF THIS SECTION, ANY semester, quarter or  term  of  attendance
 during  which a student receives an award pursuant to this section shall
 be counted as the enrollment factor percent of a  semester,  quarter  or
 term  toward  the  maximum  term  of  eligibility for tuition assistance
 awards pursuant to section six hundred sixty-seven of this article.  The
 total period of study for which payment may be made shall not exceed the
 equivalent of the maximum period authorized for that award.
   (II)  FOR  PART-TIME STUDENTS AS DEFINED IN PARAGRAPH B OF SUBDIVISION
 ONE OF THIS SECTION, THE TOTAL PERIOD OF STUDY FOR WHICH PAYMENT MAY  BE
 MADE  SHALL  NOT  EXCEED THE EQUIVALENT OF THE MAXIMUM PERIOD AUTHORIZED
 FOR THE NON-DEGREE WORKFORCE CREDENTIAL PROGRAM.
   § 2. This act shall take effect immediately.
 
                                  PART F
 
   Section 1. Subparagraph (v) of  paragraph  b-1  of  subdivision  4  of
 section 661 of the education law is REPEALED.
 S. 8006--A                         30                         A. 9006--A
 
   § 2. Subparagraphs (iii) and (iv) of paragraph b-1 of subdivision 4 of
 section  661  of the education   law, as added by section 1 of part Z of
 chapter 58 of the laws of 2011, are amended to read as follows:
   (iii) does not maintain good academic standing pursuant to paragraph c
 of  subdivision  six  of section six hundred sixty-five of this subpart,
 and if there is  no  applicable  existing  academic  standards  schedule
 pursuant to such subdivision, then such recipient shall be placed on the
 academic  standards  schedule applicable to students enrolled in a four-
 year or five-year undergraduate program; OR
   (iv) is in default in the repayment of any state  or  federal  student
 loan,  has  failed  to  comply  with  the terms of any service condition
 imposed by an academic performance award made pursuant to this  article,
 or has failed to make a refund of any award[; or].
   §  3. Paragraph d of subdivision 6 of section 661 of the education law
 is REPEALED.
   § 4. This act shall take effect immediately.
 
                                  PART G
 
   Section 1.  Subdivision 2 of section 669-h of the  education  law,  as
 amended  by  section  1  of part G of chapter 56 of the laws of 2021, is
 amended to read as follows:
   2. Amount. Within amounts appropriated therefor and  based  on  avail-
 ability  of  funds, awards shall be granted beginning with the two thou-
 sand seventeen--two thousand eighteen academic year  and  thereafter  to
 applicants  that  the corporation has determined are eligible to receive
 such awards. The corporation shall grant such awards in an amount up  to
 five thousand five hundred dollars or actual tuition, whichever is less;
 provided,  however, (a) a student who receives educational grants and/or
 scholarships that cover the student's full cost of attendance shall  not
 be eligible for an award under this program; and (b) an award under this
 program  shall  be  applied to tuition after the application of payments
 received under the tuition assistance program pursuant  to  section  six
 hundred sixty-seven of this subpart, tuition credits pursuant to section
 six  hundred  eighty-nine-a of this article, federal Pell grant pursuant
 to section one thousand seventy of title twenty  of  the  United  States
 code,  et seq., and any other program that covers the cost of attendance
 unless exclusively for non-tuition expenses, and the  award  under  this
 program  shall be reduced in the amount equal to such payments, provided
 that the combined benefits do not  exceed  five  thousand  five  hundred
 dollars.  Upon notification of an award under this program, the institu-
 tion shall defer the amount of tuition. Notwithstanding paragraph  h  of
 subdivision two of section three hundred fifty-five and paragraph (a) of
 subdivision  seven of section six thousand two hundred six of this chap-
 ter, and any other law, rule or regulation to the contrary,  the  under-
 graduate  tuition  charged  by the institution to recipients of an award
 shall not exceed the tuition rate established by the institution for the
 two thousand sixteen--two thousand  seventeen  academic  year  provided,
 however,  that  in the two thousand [twenty-three] TWENTY-TWO--two thou-
 sand [twenty-four] TWENTY-THREE academic year and every year thereafter,
 the undergraduate tuition charged by the institution to recipients of an
 award shall be reset to equal the tuition rate established by the insti-
 tution for the forthcoming academic  year,  provided  further  that  the
 tuition  credit calculated pursuant to section six hundred eighty-nine-a
 of this article shall be applied toward the  tuition  rate  charged  for
 recipients  of  an  award under this program.  Provided further that the
 S. 8006--A                         31                         A. 9006--A
 
 state university of New York and the city university of New  York  shall
 provide  an  additional tuition credit to students receiving an award to
 cover the remaining cost of tuition.
   § 2. This act shall take effect immediately.
 
                                  PART H

   Section  1.  Subdivision  5  of section 695-b of the education law, as
 amended by chapter 535 of the laws  of  2000,  is  amended  to  read  as
 follows:
   5.  "Eligible  educational institution" shall mean (A) any institution
 of higher education defined as an eligible  educational  institution  in
 section  529(e)(5)  of the Internal Revenue Code of 1986, as amended, OR
 (B) ANY APPRENTICESHIP PROGRAM DESCRIBED IN  SECTION  529(C)(8)  OF  THE
 INTERNAL REVENUE CODE OF 1986, AS AMENDED.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
   Section  1.  The education law is amended by adding a new article 13-C
 to read as follows:
 
                               ARTICLE 13-C
                    STUDENT DEBT; PROHIBITED PRACTICES

 SECTION 640. STUDENT DEBT; PROHIBITED PRACTICES.
   § 640. STUDENT DEBT;  PROHIBITED  PRACTICES.  1.  NOTWITHSTANDING  ANY
 INCONSISTENT  PROVISION  OF  LAW, RULE, OR REGULATION, NO INSTITUTION OF
 HIGHER EDUCATION, INCLUDING COLLEGES,  UNIVERSITIES,  AND  ORGANIZATIONS
 OFFERING  CAREER  EDUCATION,  AS  DEFINED IN SECTION TWO OF THIS CHAPTER
 SHALL:
   (A) WITHHOLD A STUDENT'S TRANSCRIPT FOR FAILURE TO PAY PAST  OR  PRES-
 ENTLY DUE TUITION;
   (B)  CONDITION THE RECEIPT OF A TRANSCRIPT OR OF CREDIT OR OTHER OFFI-
 CIAL RECOGNITION FOR WORK COMPLETED SATISFACTORILY ON THE PAYMENT  OF  A
 DEBT,  OTHER  THAN  THE  CONDITION OF A FEE CHARGED TO PROVIDE THE TRAN-
 SCRIPT;
   (C) CHARGE A HIGHER FEE FOR OBTAINING A TRANSCRIPT,  OR  PROVIDE  LESS
 FAVORABLE  TREATMENT  OF  A  TRANSCRIPT REQUEST BECAUSE A STUDENT OWES A
 DEBT; OR
   (D) USE TRANSCRIPT ISSUANCE AS A TOOL FOR DEBT COLLECTION.
   2.  THE COMMISSIONER OR THE SUPERINTENDENT OF FINANCIAL SERVICES  MAY,
 AFTER  NOTICE  AND HEARING, ENJOIN SUCH TRANSCRIPT WITHHOLDING PRACTICES
 AND REQUIRE ANY COLLEGE FOUND TO BE IN VIOLATION OF  THE  PROVISIONS  OF
 THIS ARTICLE OR THE RULES OR REGULATIONS PROMULGATED HEREUNDER TO PAY TO
 THE  PEOPLE  OF  THIS STATE A PENALTY   OF FIVE HUNDRED DOLLARS FOR EACH
 VIOLATION.
   3. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE DEPARTMENT OR THE
 SUPERINTENDENT OF FINANCIAL  SERVICES  PURSUANT  TO  THIS  SECTION,  ANY
 PERSON  WHO  HAS BEEN INJURED BY REASON OF ANY VIOLATION OF THIS SECTION
 MAY BRING AN ACTION IN THEIR OWN NAME TO ENJOIN  SUCH  UNLAWFUL  ACT  OR
 PRACTICE.  THE COURT MAY, IN ITS DISCRETION, AWARD REASONABLE ATTORNEY'S
 FEES TO THE PREVAILING PLAINTIFF.
   4. IN  ADDITION  TO  THE  PENALTIES  IMPOSED  UNDER  THIS  SECTION,  A
 VIOLATION  OF  THIS  ARTICLE SHALL BE CONSIDERED A VIOLATION OF THE LAWS
 AND RULES GOVERNING HIGHER EDUCATION AWARD PROGRAMS FOR THE  PURPOSE  OF
 S. 8006--A                         32                         A. 9006--A
 
 ARTICLE  FOURTEEN OF THIS CHAPTER AND THE PRESIDENT OF THE HIGHER EDUCA-
 TION SERVICES CORPORATION MAY SUSPEND,  LIMIT  OR  TERMINATE  AN  INSTI-
 TUTION'S  PARTICIPATION IN STATE HIGHER EDUCATION FINANCIAL AID PROGRAMS
 UNDER SUCH ARTICLE.
   5.  NOTHING  IN  THIS  ARTICLE SHALL LIMIT ANY STATUTORY OR COMMON LAW
 RIGHT OF ANY PERSON TO BRING ANY ACTION IN ANY COURT FOR ANY ACT, OR THE
 RIGHT OF THE STATE TO PUNISH ANY PERSON FOR ANY VIOLATION OF LAW.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART J
 
   Section  1. The education law is amended by adding a new section 210-d
 to read as follows:
   § 210-D. REGISTRATION OF CURRICULA. NOTWITHSTANDING ANY LAW,  RULE  OR
 REGULATION  TO  THE  CONTRARY,  ANY  NEW  CURRICULUM OR PROGRAM OF STUDY
 OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR  UNIVERSITY  CHARTERED  BY  THE
 REGENTS  OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT
 REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED  THIRTY-
 SEVEN OF THIS PART, OR CHARTER AMENDMENT PURSUANT TO SECTION TWO HUNDRED
 SIXTEEN  OF  THIS  PART,  OR LEAD TO PROFESSIONAL LICENSURE; AND THAT IS
 APPROVED BY THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY  UNIVERSITY
 BOARD  OF  TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY OF ANY OTHER NOT-
 FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS WHICH (1)  HAS
 MAINTAINED  A  PHYSICAL  PRESENCE  IN NEW YORK STATE FOR THE IMMEDIATELY
 PRECEDING TEN YEARS AND HAS  BEEN  OPERATED  CONTINUOUSLY  BY  THE  SAME
 GOVERNING BODY DURING THE SAME IMMEDIATELY PRECEDING TEN YEAR PERIOD AND
 (2)  IS  ACCREDITED  AND  HAS  CONTINUED  IN ACCREDITATION BY THE MIDDLE
 STATES COMMISSION ON HIGHER EDUCATION ("MSCHE") OR  THE  DEPARTMENT  FOR
 THE  IMMEDIATELY  PRECEDING  TEN  YEARS,  SHALL BE DEEMED AUTHORIZED FOR
 TEMPORARY OPERATION  PENDING  PROGRAM  APPROVAL  FORTY-FIVE  DAYS  AFTER
 CERTIFICATION BY THE DEPARTMENT OF SUBMISSION OF A COMPLETED APPLICATION
 FOR PROGRAM APPROVAL. AS USED IN THIS SECTION, "AUTHORIZED FOR TEMPORARY
 OPERATION  PENDING  PROGRAM  APPROVAL" MEANS A COLLEGE OR UNIVERSITY MAY
 OPERATE THE CURRICULUM OR PROGRAM OF STUDY ON A CONTINGENT BASIS  DURING
 THE  REMAINDER OF THE DEPARTMENT'S PROGRAM REVIEW PROCESS, INCLUDING BUT
 NOT LIMITED TO ACCEPTING ADMISSION OF STUDENTS INTO THE PROGRAM,  CHARG-
 ING  APPLICABLE TUITION AND FEES, AND PROVIDING THE EDUCATIONAL PROGRAM-
 MING TO STUDENTS.  ANY COLLEGE OR UNIVERSITY OPERATING A PROGRAM AUTHOR-
 IZED FOR TEMPORARY OPERATION PENDING PROGRAM APPROVAL MUST DISCLOSE THIS
 STATUS AND ITS MEANING TO POTENTIAL STUDENTS IN WRITING. IF THE ACADEMIC
 PROGRAM BEING OPERATED ON A TEMPORARY BASIS IS ULTIMATELY DISAPPROVED BY
 THE DEPARTMENT, THE COLLEGE OR UNIVERSITY OPERATING SUCH  PROGRAM  SHALL
 IMMEDIATELY CEASE OPERATION OF THE PROGRAM AND REFUND ALL MONIES PAID BY
 STUDENTS TO ATTEND SUCH PROGRAMS. IF THE COLLEGE OR UNIVERSITY IS PLACED
 ON  PROBATION OR HAS ITS ACCREDITATION TERMINATED BY MSCHE, SUCH COLLEGE
 OR UNIVERSITY SHALL NOTIFY THE REGENTS IN WRITING NO LATER  THAN  THIRTY
 DAYS  AFTER  RECEIVING  NOTICE  OF  ITS  PROBATIONARY  STATUS OR LOSS OF
 ACCREDITATION BY THE MSCHE. ANY COLLEGE  OR  UNIVERSITY  WHICH  HAS  ITS
 ACCREDITATION  PLACED  ON  PROBATION  OR  TERMINATED BY THE MSCHE OR THE
 DEPARTMENT SHALL BE SUBJECT TO THE COMMISSIONER'S PROGRAM  APPROVAL  AND
 MAY  NOT OPERATE A CURRICULUM OR PROGRAM OF STUDY UNDER THE AUTHORITY OF
 THIS SECTION UNTIL IT  HAS  BEEN  REMOVED  FROM  PROBATION  OR  REGAINED
 ACCREDITATION  BY  MSCHE  OR THE DEPARTMENT, AND SHALL FURTHER REMAIN SO
 RESTRICTED UNTIL IT HAS CONTINUED WITHOUT PROBATION FOR A PERIOD OF  NOT
 LESS  THAN SIX YEARS. IF A COLLEGE OR UNIVERSITY SUBJECT TO THIS SECTION
 S. 8006--A                         33                         A. 9006--A
 
 INTENDS TO OFFER OR INSTITUTE AN  ADDITIONAL  DEGREE  OR  PROGRAM  WHICH
 CONSTITUTES  A  SUBSTANTIVE  CHANGE, AS DEFINED AND DETERMINED BY MSCHE,
 THEN THE COLLEGE OR  UNIVERSITY  SHALL  PROVIDE  THE  COMMISSIONER  WITH
 COPIES  OF  ANY  REPORTS  OR OTHER DOCUMENTS FILED WITH MSCHE AS PART OF
 MSCHE'S SUBSTANTIVE CHANGE REVIEW PROCESS AND SHALL INFORM  THE  COMMIS-
 SIONER  WHEN  THE  SUBSTANTIVE  CHANGE  IS APPROVED. ANY SUCH COLLEGE OR
 UNIVERSITY THAT DOES NOT SATISFY ALL OF THE PROVISIONS OF  THIS  SECTION
 SHALL COMPLY WITH THE PROCEDURES AND CRITERIA ESTABLISHED BY THE REGENTS
 AND  COMMISSIONER FOR ACADEMIC PROGRAM APPROVAL. NOTHING IN THIS SECTION
 SHALL BE DEEMED TO LIMIT THE DEPARTMENT'S EXISTING AUTHORITY TO INVESTI-
 GATE A COMPLAINT CONCERNING THE INSTITUTION,  OR  ANY  PROGRAM  OFFERED,
 INCLUDING THE AUTHORITY TO DEREGISTER THE PROGRAM.
   § 2. This act shall take effect July 1, 2022.
 
                                  PART K
 
   Section  1. Section 1503 of the business corporation law is amended by
 adding a new paragraph (h) to read as follows:
   (H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING  AS
 A  PROFESSIONAL  SERVICE  CORPORATION  FORMED  TO LAWFULLY ENGAGE IN THE
 PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED
 UNDER ARTICLE ONE HUNDRED FORTY-NINE  OF  THE  EDUCATION  LAW  SHALL  BE
 REQUIRED  TO  SHOW  (1)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
 FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING  RIGHTS  HELD  BY  THE
 FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
 ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS  OF  A  PROFES-
 SIONAL  SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
 STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
 STATE, HOLD A VALID LICENSE ISSUED UNDER  SECTION  SEVENTY-FOUR  HUNDRED
 FOUR  OF  THE  EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL
 INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL  CONTRIBUTIONS,
 CAPITAL  INTEREST,  OR  INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
 ENTITY.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,  THE  FIRM  AND
 ITS  OWNERS  MUST  COMPLY  WITH  RULES PROMULGATED BY THE STATE BOARD OF
 REGENTS.  NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED UNDER  THIS
 SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
 WORDS  "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS,"
 OR THE ABBREVIATIONS "CPA" OR "CPAS".  EACH NON-LICENSEE OWNER OF A FIRM
 THAT IS INCORPORATED UNDER THIS SECTION SHALL BE A  NATURAL  PERSON  WHO
 ACTIVELY  PARTICIPATES  IN  THE  BUSINESS  OF THE FIRM OR ITS AFFILIATED
 ENTITIES. FOR PURPOSES OF THIS 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-
 S. 8006--A                         34                         A. 9006--A
 
 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:
 § 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
 S. 8006--A                         35                         A. 9006--A
 
 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
 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.
 S. 8006--A                         36                         A. 9006--A
 
   § 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
 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
 S. 8006--A                         37                         A. 9006--A
 
 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
 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
 S. 8006--A                         38                         A. 9006--A
 
 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
 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
 S. 8006--A                         39                         A. 9006--A
 
 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
 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-
 S. 8006--A                         40                         A. 9006--A
 
 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
 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
 S. 8006--A                         41                         A. 9006--A
 
 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
 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,
 S. 8006--A                         42                         A. 9006--A
 
 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-
 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
 S. 8006--A                         43                         A. 9006--A
 
 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
 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 L
 
   Section  1. Subdivision 2 of section 410-u 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:
   2.  The  state  block  grant  for child care shall be divided into two
 parts pursuant to a plan developed by the department and approved by the
 S. 8006--A                         44                         A. 9006--A
 
 director of the budget.   One part shall be retained  by  the  state  to
 provide  child  care  on  a  statewide  basis  to special groups and for
 activities to increase the availability and/or  quality  of  child  care
 programs,  including,  but  not  limited  to, the start-up of child care
 programs, the operation of child care resource  and  referral  programs,
 training  activities,  the  regulation  and  monitoring  of  child  care
 programs, the development of computerized  data  systems,  and  consumer
 education,  provided  however,  that  child  care  resource and referral
 programs funded under title five-B of article six of this chapter  shall
 meet  additional  performance  standards  developed by the department of
 social services including but not limited to: increasing the  number  of
 child  care  placements  for  persons  who  are  at or below two hundred
 PERCENT OF THE STATE INCOME STANDARD, TWO HUNDRED TWENTY-FIVE percent of
 the state income standard EFFECTIVE AUGUST FIRST, TWO  THOUSAND  TWENTY-
 TWO,  TWO  HUNDRED  SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE
 APRIL  FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE
 STATE INCOME STANDARD EFFECTIVE APRIL FIRST, TWO  THOUSAND  TWENTY-FOUR,
 PROVIDED  SUCH  PERSONS ARE AT OR BELOW EIGHTY-FIVE PERCENT OF THE STATE
 MEDIAN INCOME, with emphasis on placements supporting local  efforts  in
 meeting  federal  and  state work participation requirements, increasing
 technical assistance to all modalities of legal child  care  to  persons
 who  are  at  or below two hundred PERCENT OF THE STATE INCOME STANDARD,
 TWO HUNDRED TWENTY-FIVE percent of the state income  standard[,]  EFFEC-
 TIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO, TWO HUNDRED SIXTY PERCENT OF
 THE  STATE  INCOME  STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-
 THREE, OR THREE HUNDRED PERCENT OF THE STATE INCOME  STANDARD  EFFECTIVE
 APRIL  FIRST,  TWO THOUSAND TWENTY-FOUR, PROVIDED SUCH PERSONS ARE AT OR
 BELOW EIGHTY-FIVE PERCENT OF THE  STATE  MEDIAN  INCOME,  including  the
 provision  of  training to assist providers in meeting child care stand-
 ards or regulatory requirements, and creating new  child  care  opportu-
 nities,  and  assisting  social  services  districts  in  assessing  and
 responding to child care needs for  persons  at  or  below  two  hundred
 PERCENT OF THE STATE INCOME STANDARD, TWO HUNDRED TWENTY-FIVE percent of
 the  state  income standard EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-
 TWO, TWO HUNDRED SIXTY PERCENT OF THE STATE  INCOME  STANDARD  EFFECTIVE
 APRIL  FIRST, TWO THOUSAND TWENTY-THREE, OR THREE HUNDRED PERCENT OF THE
 STATE  INCOME  STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR,
 PROVIDED SUCH PERSONS ARE AT OR BELOW EIGHTY-FIVE PERCENT OF  THE  STATE
 MEDIAN INCOME. The department shall have the authority to withhold funds
 from  those  agencies  which do not meet performance standards. Agencies
 whose funds are withheld may have funds restored upon achieving perform-
 ance standards. The other part shall be  allocated  to  social  services
 districts  to provide child care assistance to families receiving family
 assistance and to other low income families.
   § 2. Subdivision 3 of section 410-v 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:
   3. Any portion of a social services district's block grant  allocation
 for  a  particular  federal  fiscal  year  that  is  not claimed by such
 district during that federal fiscal year [shall] MAY be  added  to  that
 social  services  district's block grant allocation for the next federal
 fiscal year.
   § 3. Subdivisions 1, 3 and 4 of section 410-w of the  social  services
 law,  as amended by chapter 569 of the laws of 2001 and paragraph (a) of
 subdivision 4 as amended by chapter 135 of the laws of 2007, are amended
 and two new subdivisions 2-a and 10 are added to read as follows:
 S. 8006--A                         45                         A. 9006--A
 
   1. A social services district may use the funds allocated to  it  from
 the block grant to provide child care assistance to:
   (a)  families receiving public assistance when such child care assist-
 ance is necessary: to enable a parent or caretaker relative to engage in
 work, participate in work activities  or  perform  a  community  service
 pursuant  to  title  nine-B of article five of this chapter; to enable a
 teenage parent to  attend  high  school  or  other  equivalent  training
 program;  because  the  parent  or  caretaker  relative is physically or
 mentally incapacitated; or because family duties away from home necessi-
 tate the parent or caretaker relative's absence; child day care shall be
 provided during breaks in activities, for a period of up to  two  weeks.
 Such child day care may be authorized for a period of up to one month if
 child  care arrangements shall be lost if not continued, and the program
 or employment is scheduled to begin within such period;
   (b) families with incomes up to  two  hundred  PERCENT  OF  THE  STATE
 INCOME  STANDARD,  TWO  HUNDRED  TWENTY-FIVE percent of the state income
 standard EFFECTIVE AUGUST FIRST, TWO THOUSAND  TWENTY-TWO,  TWO  HUNDRED
 SIXTY  PERCENT  OF THE STATE INCOME STANDARD EFFECTIVE APRIL  FIRST, TWO
 THOUSAND TWENTY-THREE, OR THREE HUNDRED  PERCENT  OF  THE  STATE  INCOME
 STANDARD  EFFECTIVE  APRIL  FIRST,  TWO  THOUSAND  TWENTY-FOUR  who  are
 attempting through work activities to transition off of  public  assist-
 ance  when  such  child care is necessary in order to enable a parent or
 caretaker relative to engage in  work  provided  such  families'  public
 assistance  has  been  terminated  as  a result of increased hours of or
 income from employment or increased income from child  support  payments
 or  the  family  voluntarily  ended assistance; [and,] provided that the
 family received public assistance at  least  three  of  the  six  months
 preceding  the month in which eligibility for such assistance terminated
 or ended or provided that such family has received child care assistance
 under subdivision four of this section; AND PROVIDED, THE FAMILY  INCOME
 DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME;
   (c)  families  with  incomes  up  to  two hundred PERCENT OF THE STATE
 INCOME STANDARD, TWO HUNDRED TWENTY-FIVE percent  of  the  state  income
 standard  EFFECTIVE  AUGUST  FIRST, TWO THOUSAND TWENTY-TWO, TWO HUNDRED
 SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL   FIRST,  TWO
 THOUSAND  TWENTY-THREE,  OR  THREE  HUNDRED  PERCENT OF THE STATE INCOME
 STANDARD EFFECTIVE APRIL FIRST,  TWO  THOUSAND  TWENTY-FOUR,  which  are
 determined in accordance with the regulations of the department to be at
 risk  of  becoming  dependent on family assistance; PROVIDED, THE FAMILY
 INCOME DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME;
   (d) families with incomes up to  two  hundred  PERCENT  OF  THE  STATE
 INCOME  STANDARD,  TWO  HUNDRED  TWENTY-FIVE percent of the state income
 standard EFFECTIVE AUGUST FIRST, TWO THOUSAND  TWENTY-TWO,  TWO  HUNDRED
 SIXTY  PERCENT  OF THE STATE INCOME STANDARD EFFECTIVE APRIL  FIRST, TWO
 THOUSAND TWENTY-THREE, OR THREE HUNDRED  PERCENT  OF  THE  STATE  INCOME
 STANDARD EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR who are attend-
 ing  a post secondary educational program and working at least seventeen
 and one-half hours per week; PROVIDED, THE FAMILY INCOME DOES NOT EXCEED
 EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME; and
   (e) other families with incomes up to two hundred PERCENT OF THE STATE
 INCOME STANDARD, TWO HUNDRED TWENTY-FIVE percent  of  the  state  income
 standard  EFFECTIVE  AUGUST  FIRST, TWO THOUSAND TWENTY-TWO, TWO HUNDRED
 SIXTY PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL   FIRST,  TWO
 THOUSAND  TWENTY-THREE,  OR  THREE  HUNDRED  PERCENT OF THE STATE INCOME
 STANDARD EFFECTIVE APRIL  FIRST,  TWO  THOUSAND  TWENTY-FOUR  which  the
 social services district designates in its consolidated services plan as
 S. 8006--A                         46                         A. 9006--A
 
 eligible  for  child  care assistance in accordance with criteria estab-
 lished by the department; PROVIDED, THE FAMILY INCOME  DOES  NOT  EXCEED
 EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME.
   2-A.    A SOCIAL SERVICES DISTRICT MAY, UPON APPROVAL BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES AND IN ACCORDANCE WITH CRITERIA ESTABLISHED
 BY THE OFFICE, USE THE FUNDS ALLOCATED TO IT FROM  THE  BLOCK  GRANT  TO
 PROVIDE  CHILD  CARE  ASSISTANCE  TO  FAMILIES  WITH INCOMES UP TO THREE
 HUNDRED PERCENT OF THE STATE INCOME  STANDARD,  PROVIDED  SUCH  FAMILIES
 INCOME  DOES  NOT  EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME
 STANDARD.
   3. A social services district shall guarantee child care assistance to
 families in receipt of public assistance with  children  under  thirteen
 years  of  age when such child care assistance is necessary for a parent
 or caretaker relative to engage in work or participate  in  work  activ-
 ities pursuant to the provisions of title nine-B of article five of this
 chapter.  Child care assistance shall continue to be guaranteed for such
 a family for a period of twelve months after  the  month  in  which  the
 family's  eligibility for public assistance has terminated or ended when
 such child care is necessary in order to enable the parent or  caretaker
 relative to engage in work, provided that the family's public assistance
 has been terminated as a result of an increase in the hours of or income
 from  employment  or  increased  income  from  child support payments or
 because  the  family  voluntarily  ended  assistance;  that  the  family
 received public assistance in at least three of the six months preceding
 the  month  in which eligibility for such assistance terminated or ended
 or provided that such family has received child  care  assistance  under
 subdivision  four  of  this section; [and] that the family's income does
 not exceed two hundred PERCENT OF THE STATE INCOME STANDARD, TWO HUNDRED
 TWENTY-FIVE percent of the state income standard EFFECTIVE AUGUST FIRST,
 TWO THOUSAND TWENTY-TWO, TWO HUNDRED SIXTY PERCENT OF THE  STATE  INCOME
 STANDARD  EFFECTIVE  APRIL    FIRST, TWO THOUSAND TWENTY-THREE, OR THREE
 HUNDRED PERCENT OF THE STATE INCOME STANDARD EFFECTIVE APRIL FIRST,  TWO
 THOUSAND  TWENTY-FOUR; AND THAT THE FAMILY INCOME DOES NOT EXCEED EIGHT-
 Y-FIVE PERCENT OF THE STATE MEDIAN INCOME. Such  child  day  care  shall
 recognize  the  need for continuity of care for the child and a district
 shall not move a child from an existing provider unless the  participant
 consents to such move.
   4.  (a) Local social services districts shall guarantee applicants who
 would otherwise be eligible for, or are recipients of, public assistance
 benefits and who are employed, the option to choose to receive  continu-
 ing  child day care subsidies in lieu of public assistance benefits, for
 such period of time as the recipient continues to be eligible for public
 assistance. For the purposes of this subdivision, an eligible  applicant
 for,  or  recipient  of,  public assistance benefits and who is employed
 includes a person whose gross earnings equal, or are greater  than,  the
 required  number  of work hours times the state minimum wage. Recipients
 of child care subsidies under this subdivision who are no longer  eligi-
 ble  for  public assistance benefits, shall be eligible for transitional
 child care described in paragraph (b) of subdivision one of this section
 as if they had been recipients of public assistance.
   (b) Nothing herein shall be construed to waive the right of an  appli-
 cant who chooses to receive continuing child day care subsidies pursuant
 to this section from applying for ongoing public assistance.
   10.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "STATE MEDIAN INCOME"
 MEANS THE MOST RECENT STATE MEDIAN INCOME DATA PUBLISHED BY  THE  BUREAU
 OF  THE CENSUS, FOR A FAMILY OF THE SAME SIZE, UPDATED BY THE DEPARTMENT
 S. 8006--A                         47                         A. 9006--A
 
 FOR A FAMILY SIZE OF FOUR AND ADJUSTED  BY  THE  DEPARTMENT  FOR  FAMILY
 SIZE.
   §  4.  This act shall take effect immediately; provided, however, that
 subdivision 2-a of section 410-w of the social services law, as added by
 section three of this act, shall expire and be deemed repealed  April 1,
 2024.
 
                                  PART M

   Section 1. Section 3 of part N of chapter 56  of  the  laws  of  2020,
 amending the social services law relating to restructuring financing for
 residential  school  placements,  as  amended  by section 1 of part I of
 chapter 56 of the laws of 2021, is amended to read as follows:
   § 3. This act shall take effect immediately [and shall expire  and  be
 deemed  repealed April 1, 2022]; provided however that the amendments to
 subdivision 10 of section 153 of the social services law made by section
 one of this act, shall not affect the expiration of such subdivision and
 shall be deemed to expire therewith.
   § 2. This act shall take effect immediately.
 
                                  PART N
 
   Section 1. Section 28 of part C of chapter 83 of  the  laws  of  2002,
 amending  the executive law and other laws relating to funding for chil-
 dren and family services, as amended by section 1 of subpart A of part K
 of chapter 56 of the laws of 2017, is amended to read as follows:
   § 28. This act shall take effect immediately; provided  that  sections
 nine  through eighteen and twenty through twenty-seven of this act shall
 be deemed to have been in full force and effect on and  after  April  1,
 2002; provided, however, that section fifteen of this act shall apply to
 claims that are otherwise reimbursable by the state on or after April 1,
 2002  except as provided in subdivision 9 of section 153-k of the social
 services law as added by section fifteen of this act;  provided  further
 however, that nothing in this act shall authorize the office of children
 and  family  services  to  deny state reimbursement to a social services
 district for violations of the provisions of section 153-d of the social
 services law for services provided from January 1,  1994  through  March
 31,  2002;  provided that section nineteen of this act shall take effect
 September 13, 2002 and shall expire and  be  deemed  repealed  June  30,
 2012;  and,  provided  further, however, that notwithstanding any law to
 the contrary, the office of children and family services shall have  the
 authority  to  promulgate,  on  an  emergency basis, any rules and regu-
 lations necessary to implement the requirements established pursuant  to
 this  act;  provided further, however, that the regulations to be devel-
 oped pursuant to section one of this act shall not be adopted  by  emer-
 gency  rule;  and  provided further that the provisions of sections nine
 through eighteen and twenty  through  twenty-seven  of  this  act  shall
 expire and be deemed repealed on June 30, [2022] 2027.
   § 2. This act shall take effect immediately.
 
                                  PART O
 
   Section  1.  Section  398-a  of  the social services law is amended by
 adding a new subdivision 2-c to read as follows:
   (2-C) THOSE SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
 SAND TWENTY-TWO WERE PAYING AT LEAST ONE HUNDRED PERCENT OF THE APPLICA-
 S. 8006--A                         48                         A. 9006--A
 
 BLE RATES PUBLISHED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  FOR
 THE  TWO  THOUSAND  TWENTY-TWO--TWO  THOUSAND TWENTY-THREE RATE YEAR FOR
 CARE PROVIDED TO FOSTER CHILDREN IN REGULAR, THERAPEUTIC, SPECIAL NEEDS,
 AND EMERGENCY FOSTER BOARDING HOMES SHALL PAY FOR THE TWO THOUSAND TWEN-
 TY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND FOR EACH SUBSEQUENT RATE
 YEAR  THEREAFTER  AT  LEAST  ONE HUNDRED PERCENT OF THE APPLICABLE RATES
 PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES  FOR  THAT  RATE
 YEAR.  THOSE  SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
 SAND TWENTY-TWO WERE PAYING LESS THAN THE APPLICABLE RATES PUBLISHED  BY
 THE  OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE TWO THOUSAND TWENTY-
 TWO--TWO THOUSAND TWENTY-THREE RATE YEAR FOR  CARE  PROVIDED  TO  FOSTER
 CHILDREN  IN  REGULAR,  THERAPEUTIC,  SPECIAL NEEDS AND EMERGENCY FOSTER
 BOARDING HOMES SHALL INCREASE THEIR RATES OF PAYMENT SO THAT:  EFFECTIVE
 JULY  FIRST, TWO THOUSAND TWENTY-TWO THE DIFFERENCE BETWEEN THE PERCENT-
 AGE OF THE APPLICABLE RATES PUBLISHED BY  THE  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES  FOR  THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
 THREE RATE YEAR AND THE RATES SUCH DISTRICTS  ARE  PAYING  IS  AT  LEAST
 ONE-HALF LESS THAN THE DIFFERENCE BETWEEN THE PERCENTAGE OF THE APPLICA-
 BLE  RATES  PUBLISHED  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
 THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND THE
 RATES THAT SUCH DISTRICTS WERE PAYING FOR SUCH PROGRAMS ON  JULY  FIRST,
 TWO  THOUSAND TWENTY-TWO; AND EFFECTIVE JULY FIRST, TWO THOUSAND TWENTY-
 THREE FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND  TWENTY-FOUR  RATE
 YEAR  AND  FOR  EACH  SUBSEQUENT  YEAR  THEREAFTER  ALL  SOCIAL SERVICES
 DISTRICTS SHALL PAY AT LEAST ONE HUNDRED PERCENT OF THE APPLICABLE RATES
 PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE APPLICA-
 BLE RATE YEAR.
   § 2. This act shall take effect immediately.
 
                                  PART P
 
   Section 1. Subdivision 1 of section 2504 of the public health law,  as
 added by chapter 769 of the laws of 1972, is amended to read as follows:
   1.  Any person who is eighteen years of age or older, or is the parent
 of a child or has married, OR IS A HOMELESS YOUTH AS DEFINED BY SUBDIVI-
 SION TWO OF SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW,  may
 give effective consent for medical, dental, health and hospital services
 for  himself  or  herself,  and  the consent of no other person shall be
 necessary.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.
 
                                  PART Q
 
   Section  1.  Paragraph  (a)  of  subdivision 3 of section 259-i of the
 executive law is amended by adding a new subparagraph (ix)  to  read  as
 follows:
   (IX)  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS PARAGRAPH, AN OFFI-
 CER WHO TAKES INTO CUSTODY PURSUANT TO  A  WARRANT  AUTHORIZED  BY  THIS
 SECTION  A  JUVENILE  OFFENDER  OR  ADOLESCENT OFFENDER UNDER THE AGE OF
 TWENTY-ONE, OR ANY OTHER DEFENDANT UNDER THE AGE OF EIGHTEEN, SHALL TAKE
 SUCH PERSON AND HAVE THEM DETAINED IN A PLACE CERTIFIED BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES AS A SECURE OR SPECIALIZED SECURE DETENTION
 S. 8006--A                         49                         A. 9006--A
 
 FACILITY, AS APPROPRIATE, EXCEPT THAT A  PERSON  PAROLED,  CONDITIONALLY
 RELEASED, OR RELEASED TO POST-RELEASE SUPERVISION FROM A SECURE FACILITY
 OPERATED  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY ALSO BE HELD
 IN  SUCH A FACILITY. IF A PERSON SIXTEEN YEARS OF AGE OR OLDER AND UNDER
 THE AGE OF EIGHTEEN WHO IS CHARGED WITH A  CLASS  A  FELONY,  A  VIOLENT
 FELONY OFFENSE, OR A FELONY INVOLVING THE USE OR POSSESSION OF A FIREARM
 TAKEN  INTO  CUSTODY  PURSUANT TO THIS SECTION IS UNABLE TO BE LODGED IN
 SUCH A FACILITY, THE OFFICER HAVING CUSTODY  OF  SUCH  PERSON  OR  OTHER
 APPROPRIATE  OFFICIAL MUST PETITION THE SENTENCING COURT FOR APPROVAL TO
 LODGE THE PERSON IN A LOCAL CORRECTIONAL FACILITY. THE COURT SHALL  HOLD
 A  HEARING AT WHICH IT DETERMINES WHETHER IT WOULD BE IN THE INTEREST OF
 JUSTICE FOR THE VIOLATOR TO BE HELD IN SUCH A FACILITY, CONSIDERING  (A)
 THE AGE OF THE ALLEGED VIOLATOR, (B) THE PHYSICAL AND MENTAL MATURITY OF
 THE ALLEGED VIOLATOR, (C) THE PRESENT MENTAL STATE OF THE ALLEGED VIOLA-
 TOR, INCLUDING WHETHER THE ALLEGED VIOLATOR PRESENTS AN IMMINENT RISK OF
 HARM  TO SELF OR OTHERS, (D) THE NATURE AND CIRCUMSTANCES OF THE ALLEGED
 OFFENSE, (E) THE ALLEGED VIOLATOR'S HISTORY OF PRIOR DELINQUENT OR CRIM-
 INAL ACTS, (F) THE RELATIVE ABILITY OF THE AVAILABLE LOCAL  CORRECTIONAL
 AND  DETENTION  FACILITIES  TO  NOT  ONLY MEET THE SPECIFIC NEEDS OF THE
 ALLEGED VIOLATOR BUT ALSO TO PROTECT THE SAFETY OF THE PUBLIC AS WELL AS
 OTHER DETAINED YOUTH, AND (G) ANY OTHER RELEVANT FACTOR.  IF  THE  COURT
 FINDS THAT IT WOULD BE IN THE INTEREST OF JUSTICE FOR THE ALLEGED VIOLA-
 TOR  TO BE LODGED IN A LOCAL CORRECTIONAL FACILITY, THE COURT MUST ISSUE
 A WRITTEN ORDER SO INDICATING, AND SHALL HOLD A HEARING  AT  LEAST  ONCE
 EVERY  THIRTY  DAYS  TO DETERMINE IF SUCH LODGING CONTINUES TO BE IN THE
 INTEREST OF JUSTICE. NO ALLEGED VIOLATOR TO WHOM THE PROVISIONS OF  THIS
 SUBPARAGRAPH  APPLY MAY BE DETAINED IN A LOCAL CORRECTIONAL FACILITY FOR
 LONGER THAN ONE HUNDRED EIGHTY DAYS  UNLESS  THE  VIOLATOR  WAIVES  SUCH
 LIMITATION  OR  THE COURT FINDS GOOD CAUSE FOR SUCH CONTINUED DETENTION.
 NO ALLEGED VIOLATOR UNDER THE AGE OF EIGHTEEN TO WHOM THE PROVISIONS  OF
 THIS SECTION APPLY MAY HAVE SIGHT OR SOUND CONTACT WITH ADULTS INCARCER-
 ATED  IN  THE  LOCAL CORRECTIONAL FACILITY. NO ALLEGED VIOLATOR OVER THE
 AGE OF EIGHTEEN SHALL BE PERMITTED TO HAVE SIGHT OR SOUND  CONTACT  WITH
 AN  INCARCERATED  ADULT  WITHOUT A HEARING AS SET FORTH IN THIS SUBPARA-
 GRAPH. NOTHING IN THIS SUBPARAGRAPH SHALL BE  CONSTRUED  TO  PERMIT  THE
 SOLITARY CONFINEMENT, DISCIPLINARY ISOLATION, OR PUNITIVE SEGREGATION OF
 SUCH  ALLEGED  VIOLATOR. THE HEARING PROVIDED FOR BY THIS SUBDIVISION IS
 NOT REQUIRED FOR YOUTH TO BE DETAINED IN AN ADULT JAIL OR  LOCKUP,  WITH
 SIGHT  AND  SOUND  SEPARATION  FROM  ADULT  INMATES,  WHEN  THE YOUTH IS
 DETAINED IN AN ADULT JAIL OR LOCKUP FOR A PERIOD NOT TO EXCEED SIX HOURS
 FOR PROCESSING OR RELEASE, WHILE AWAITING TRANSFER TO A JUVENILE FACILI-
 TY, OR WHILE AWAITING A COURT APPEARANCE; OR THE YOUTH  IS  AWAITING  AN
 INITIAL  COURT  APPEARANCE  THAT  WILL OCCUR WITHIN FORTY-EIGHT HOURS OF
 BEING TAKEN INTO CUSTODY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL  HOLI-
 DAYS)  AND  EITHER  CONDITIONS OF DISTANCE TO BE TRAVELED OR THE LACK OF
 HIGHWAY, ROAD, OR TRANSPORTATION DO  NOT  ALLOW  FOR  COURT  APPEARANCES
 WITHIN  FORTY-EIGHT HOURS (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLI-
 DAYS) SO THAT A DELAY, NOT TO EXCEED AN ADDITIONAL FORTY-EIGHT HOURS, IS
 EXCUSABLE, OR CONDITIONS OF SAFETY EXIST (SUCH AS SEVERE, ADVERSE, LIFE-
 THREATENING WEATHER) THAT DO NOT ALLOW FOR REASONABLY  SAFE  TRAVEL,  IN
 WHICH  CASE  THE TIME FOR AN APPEARANCE MAY BE DELAYED UNTIL TWENTY-FOUR
 HOURS AFTER THE TIME THAT SUCH  CONDITIONS  ALLOW  FOR  REASONABLY  SAFE
 TRAVEL.
   §  2.  Subdivisions  3,  4  and 5 of section 508 of the executive law,
 subdivision 3 as amended by section 82 of part WWW of chapter 59 of  the
 laws  of  2017  and  subdivisions  4  and  5 as amended by section 97 of
 S. 8006--A                         50                         A. 9006--A
 
 subpart B of part C of chapter 62 of the laws of 2011,  are  amended  to
 read as follows:
   3.  The office of children and family services shall report in writing
 to the sentencing court and district attorney, not less than once  every
 six  months during the period of confinement, on the status, adjustment,
 programs and progress of the offender.
   [The office of children and family services may transfer  an  offender
 not less than eighteen years of age to the department of corrections and
 community supervision if the commissioner of the office certifies to the
 commissioner  of  corrections and community supervision that there is no
 substantial likelihood that the youth will  benefit  from  the  programs
 offered by office facilities.]
   4.  The  office  of  children  and  family  services  may apply to the
 sentencing court for permission  to  transfer  a  youth  not  less  than
 [sixteen  nor  more  than]  eighteen  years  of age to the department of
 corrections and community supervision. Such application  shall  be  made
 upon  notice  to  the  youth, who shall be entitled to be heard upon the
 application and to be represented by counsel. [The court shall grant the
 application if it is satisfied that there is no  substantial  likelihood
 that  the  youth  will  benefit  from the programs offered by the office
 facilities.]
   5. [The office of children and family services may transfer an  offen-
 der  not less than eighteen nor more than twenty-one years of age to the
 department of corrections and community supervision if the  commissioner
 of the office certifies to the commissioner of corrections and community
 supervision  that there is no substantial likelihood that the youth will
 benefit from the  programs  offered  by  office  facilities.]  (A)  UPON
 RECEIVING  AN  APPLICATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION,
 THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER IT WOULD BE  IN  THE
 INTEREST  OF  JUSTICE  FOR THE YOUTH TO BE TRANSFERRED TO THE CUSTODY OF
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
   (B) IF THE COURT FINDS THAT IT WOULD BE IN THE INTEREST OF JUSTICE FOR
 THE YOUTH TO  BE  TRANSFERRED  TO  THE  CUSTODY  OF  THE  DEPARTMENT  OF
 CORRECTIONS  AND  COMMUNITY SUPERVISION, THE COURT SHALL ISSUE A WRITTEN
 ORDER SO STATING AND TRANSFERRING THE YOUTH.
   § 3. Section 210.10 of the criminal procedure law is amended by adding
 a new subdivision 7 to read as follows:
   7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO, THREE,  OR  SIX
 OF  THIS SECTION, WHEN A POLICE OFFICER TAKES INTO CUSTODY PURSUANT TO A
 WARRANT ISSUED BY THE SUPERIOR COURT A DEFENDANT ALLEGED TO BE  A  JUVE-
 NILE OFFENDER OR ADOLESCENT OFFENDER UNDER THE AGE OF TWENTY-ONE, OR ANY
 OTHER  DEFENDANT  UNDER  THE  AGE  OF  EIGHTEEN, IF A COURT IN WHICH THE
 WARRANT IS RETURNABLE IS NOT  AVAILABLE,  THE  EXECUTING  OR  DELEGATING
 OFFICER SHALL NOT BRING THE DEFENDANT TO THE LOCAL CORRECTIONAL FACILITY
 OF  THE  COUNTY  IN  WHICH SUCH COURT SITS AND SHALL BRING THE DEFENDANT
 BEFORE THE ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED  BY  THE  APPELLATE
 DIVISION  OF  THE  SUPREME  COURT  IN THE APPLICABLE DEPARTMENT. IF SUCH
 ACCESSIBLE MAGISTRATE IS NOT AVAILABLE, THE OFFICER SHALL  TAKE  TO  AND
 LODGE  THE  DEFENDANT IN A PLACE CERTIFIED BY THE OFFICE OF CHILDREN AND
 FAMILY SERVICES AS A SECURE OR SPECIALIZED SECURE DETENTION FACILITY.
   § 4. Subdivision 1 of section 510.15 of the criminal procedure law, as
 amended by chapter 813 of the laws of 2021, is amended and a new  subdi-
 vision 3 is added to read as follows:
   1.  When  a  principal who is under the age of sixteen is committed to
 the custody of the sheriff the court must direct that the  principal  be
 taken  to  and lodged in a place certified by the office of children and
 S. 8006--A                         51                         A. 9006--A

 family services as a juvenile detention facility for  the  reception  of
 children.   When a principal who (a) commencing October first, two thou-
 sand eighteen, is sixteen years of age; or (b) commencing October first,
 two  thousand nineteen, is sixteen or seventeen years of age, is commit-
 ted to the custody of the sheriff, the court must direct that the  prin-
 cipal be taken to and lodged in a place certified by the office of chil-
 dren  and  family  services  in conjunction with the state commission of
 correction as a specialized secure juvenile detention facility for older
 youth.  Where such a direction is made the  sheriff  shall  deliver  the
 principal  in accordance therewith and such person shall although lodged
 and cared for in a juvenile detention facility continue to be deemed  to
 be in the custody of the sheriff. No principal [under the age specified]
 to  whom  the  provisions of this section may apply shall be detained in
 any prison, jail, lockup, or other place used for adults convicted of  a
 crime  or under arrest and charged with the commission of a crime [with-
 out the approval of the office of children  and  family  services  which
 shall  consult  with  the  commission  of correction if the principal is
 sixteen years of age or older in the case  of  each  principal  and  the
 statement  of  its  reasons  therefor] EXCEPT AS PROVIDED IN SUBDIVISION
 THREE OF THIS SECTION; nor shall a principal under the age specified who
 is charged solely with a violation as defined in  subdivision  three  of
 section  10.00  of  the  penal law be subject to detention.  The sheriff
 shall not be liable for any acts done to or by such principal  resulting
 from  negligence  in  the detention of and care for such principal, when
 the principal is not in the actual custody of the sheriff.
   3. (A) WHEN A PRINCIPAL SIXTEEN YEARS OF AGE OR OLDER CHARGED  WITH  A
 CLASS  A FELONY, A VIOLENT FELONY OFFENSE, OR A FELONY INVOLVING THE USE
 OR POSSESSION OF A FIREARM WHO IS COMMITTED TO THE CUSTODY OF THE  SHER-
 IFF  PURSUANT  TO  THIS  SECTION  IS  UNABLE TO BE LODGED IN A DETENTION
 FACILITY BECAUSE (1) THE PRINCIPAL  HAS  COMMITTED  VIOLENT  ACTS  WHILE
 LODGED IN A DETENTION FACILITY THAT MAKE CONTINUED LODGING IN THE FACIL-
 ITY A THREAT TO THE SAFETY OF THE PRINCIPAL OR OTHERS OR TO THE SECURITY
 OF THE FACILITY, OR (2) A LACK OF AVAILABLE AND ACCESSIBLE DETENTION BED
 CAPACITY,  THE  DISTRICT  ATTORNEY,  SHERIFF  OR DETENTION ADMINISTERING
 AGENCY MAY PETITION THE COURT FOR  APPROVAL  TO  TEMPORARILY  LODGE  THE
 PRINCIPAL  IN  A LOCAL CORRECTIONAL FACILITY, SUBJECT TO THE LIMITATIONS
 SET FORTH IN SECTION FIVE HUNDRED-P OF THE CORRECTION LAW.
   (I) IF THE BASIS FOR THE REQUEST IS THAT THE YOUTH  COMMITTED  VIOLENT
 ACTS  WHILE  LODGED  IN  A  DETENTION FACILITY THAT MAKE THEIR CONTINUED
 LODGING IN A DETENTION FACILITY AN IMMINENT THREAT TO  OTHERS,  OR  THAT
 THERE ARE NO AVAILABLE DETENTION BEDS STATEWIDE, SUCH AN APPLICATION MAY
 BE  MADE  BY  ORDER  TO SHOW CAUSE AND THE COURT SHALL CONDUCT A HEARING
 IMMEDIATELY, SUBJECT TO CONTINUANCE WHERE NECESSARY, PRIOR TO ISSUING  A
 SECURING ORDER.
   (II)  IN ALL OTHER INSTANCES, A MOTION FOR APPROVAL OF A TRANSFER OF A
 YOUTH TO A LOCAL CORRECTIONAL FACILITY  MUST  BE  MADE  IN  WRITING  AND
 SERVED  AT  LEAST  EIGHT  DAYS  BEFORE  THE  TIME AT WHICH THE MOTION IS
 NOTICED TO BE HEARD. IF THE MOTION IS BASED UPON THE EXISTENCE OR OCCUR-
 RENCE OF FACTS, THE MOTION PAPERS MUST CONTAIN SWORN ALLEGATIONS  THERE-
 OF.  SUCH  SWORN ALLEGATIONS MAY BE BASED UPON PERSONAL KNOWLEDGE OF THE
 AFFIANT OR UPON INFORMATION AND BELIEF,  PROVIDED  THAT  IN  THE  LATTER
 EVENT  THE  AFFIANT  MUST  STATE THE SOURCES OF SUCH INFORMATION AND THE
 GROUNDS OF SUCH  BELIEF.  THE  PEOPLE  MAY  FURTHER  SUBMIT  DOCUMENTARY
 EVIDENCE  SUPPORTING OR TENDING TO SUPPORT THE ALLEGATIONS OF THE MOVING
 PAPERS. AT LEAST TWO DAYS BEFORE THE TIME THE MOTION IS  NOTICED  TO  BE
 HEARD,  THE YOUTH MAY FILE WITH THE COURT, AND IN SUCH CASE MUST SERVE A
 S. 8006--A                         52                         A. 9006--A
 
 COPY THEREOF UPON THE PEOPLE, AN ANSWERING AFFIDAVIT DENYING  OR  ADMIT-
 TING ANY OR ALL OF THE ALLEGATIONS OF THE MOVING PAPERS, AND MAY FURTHER
 SUBMIT  DOCUMENTARY  EVIDENCE REFUTING OR TENDING TO REFUTE SUCH ALLEGA-
 TIONS.
   (III)  THE  PARTIES  SHALL  HAVE  THE  RIGHT TO PRESENT EVIDENCE, CALL
 WITNESSES, AND REQUEST TO CONTINUE THE HEARING TO COMPLETE  PRESENTATION
 OF EVIDENCE.
   (IV) THE YOUTH HAS A RIGHT TO BE PRESENT IN PERSON AT SUCH HEARING.
   (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
 OFFICE OF CHILDREN AND FAMILY SERVICES MAY, IN ITS SOLE DISCRETION, MAKE
 AVAILABLE, UPON SUCH TERMS AND CONDITIONS AS IT  MAY  DEEM  APPROPRIATE,
 ANY  PART  OF  A SECURE FACILITY OPERATED BY THE OFFICE FOR THE CARE AND
 MAINTENANCE OF A PRINCIPAL DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION,
 UPON REQUEST BY THE SHERIFF OR DETENTION ADMINISTERING AGENCY.
   (C) THE COURT SHALL HOLD A HEARING AT WHICH IT DETERMINES  WHETHER  IT
 WOULD  BE IN THE INTEREST OF JUSTICE FOR THE PRINCIPAL TO BE HELD IN THE
 LOCAL CORRECTIONAL FACILITY, CONSIDERING (I) THE AGE OF  THE  PRINCIPAL,
 (II)  THE PHYSICAL AND MENTAL MATURITY OF THE PRINCIPAL, (III) THE PRES-
 ENT MENTAL STATE OF  THE  PRINCIPAL,  INCLUDING  WHETHER  THE  PRINCIPAL
 PRESENTS AN IMMINENT RISK OF HARM TO SELF OR OTHERS, (IV) THE NATURE AND
 CIRCUMSTANCES  OF  THE  ALLEGED  OFFENSE, (V) THE PRINCIPAL'S HISTORY OF
 PRIOR DELINQUENT OR CRIMINAL ACTS, (VI)  THE  RELATIVE  ABILITY  OF  THE
 AVAILABLE  LOCAL  CORRECTIONAL  AND JUVENILE DETENTION FACILITIES TO NOT
 ONLY MEET THE SPECIFIC NEEDS OF THE PRINCIPAL BUT ALSO  TO  PROTECT  THE
 SAFETY  OF  THE  PUBLIC  AS  WELL AS OTHER DETAINED YOUTH, AND (VII) ANY
 OTHER RELEVANT FACTOR. THE PEOPLE SHALL HAVE THE BURDEN OF  ESTABLISHING
 THAT  SUCH  TRANSFER IS IN THE INTEREST OF JUSTICE BY A PREPONDERANCE OF
 THE EVIDENCE.
   (D) IF THE COURT FINDS THAT IT WOULD BE IN THE INTEREST OF JUSTICE FOR
 THE PRINCIPAL TO BE LODGED IN THE LOCAL CORRECTIONAL  FACILITY  PURSUANT
 TO  PARAGRAPH  (C)  OF  THIS SUBDIVISION, THE COURT MUST ISSUE A WRITTEN
 ORDER TO THAT EFFECT, AND SHALL DIRECT THE SHERIFF TO DELIVER THE  PRIN-
 CIPAL TO SUCH LOCATION.
   (E)  THE COURT SHALL HOLD A HEARING AT LEAST ONCE EVERY THIRTY DAYS TO
 DETERMINE IF THE PRINCIPAL'S LODGING IN THE LOCAL CORRECTIONAL  FACILITY
 CONTINUES  TO  BE  IN  THE INTEREST OF JUSTICE. NO PRINCIPAL TO WHOM THE
 PROVISIONS OF THIS SECTION APPLY SHALL BE DETAINED IN  A  LOCAL  CORREC-
 TIONAL FACILITY FOR LONGER THAN ONE HUNDRED EIGHTY DAYS UNLESS THE PRIN-
 CIPAL  WAIVES  SUCH  LIMITATION  OR  THE COURT FINDS GOOD CAUSE FOR SUCH
 CONTINUED DETENTION. NO PRINCIPAL UNDER THE AGE OF EIGHTEEN TO WHOM  THE
 PROVISIONS  OF THIS SECTION APPLY SHALL HAVE SIGHT OR SOUND CONTACT WITH
 ADULTS INCARCERATED IN THE LOCAL  CORRECTIONAL  FACILITY.  NO  PRINCIPAL
 OVER  THE  AGE  OF  EIGHTEEN  SHALL  BE PERMITTED TO HAVE SIGHT OR SOUND
 CONTACT WITH AN INCARCERATED ADULT WITHOUT A HEARING  AS  SET  FORTH  IN
 THIS SUBDIVISION. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PERMIT
 THE  SOLITARY  CONFINEMENT,  DISCIPLINARY  ISOLATION, OR PUNITIVE SEGRE-
 GATION OF SUCH PRINCIPAL. DURING ANY PERIOD IN WHICH A PRINCIPAL TO WHOM
 THE PROVISIONS OF THIS SECTION APPLIES IS LODGED IN A LOCAL CORRECTIONAL
 FACILITY, THE DETENTION ADMINISTERING AGENCY  SHALL  REMAIN  RESPONSIBLE
 FOR ASSESSING THE HEALTH AND WELLBEING OF THE PRINCIPAL, CONSISTENT WITH
 REGULATIONS PROMULGATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (F)  FOR  ANY  PRINCIPAL  FOR WHOM A TEMPORARY JAIL PLACEMENT HAS BEEN
 APPROVED UNDER  THIS  SUBDIVISION,  THE  DETENTION-ADMINISTERING  AGENCY
 SHALL  ACTIVELY SEEK APPROPRIATE AND AVAILABLE DETENTION OPTIONS. IF THE
 REQUEST WAS BASED ON A LACK OF DETENTION  BED  CAPACITY,  THE  DETENTION
 ADMINISTERING AGENCY OR THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
 S. 8006--A                         53                         A. 9006--A
 
 INFORM THE COURT UPON BED CAPACITY BECOMING AVAILABLE. UPON SUCH NOTICE,
 THE COURT SHALL RESCIND THE ORDER APPROVING TRANSFER OF THE PRINCIPAL TO
 THE JAIL AND ISSUE AN ORDER DIRECTING THE SHERIFF TO TRANSPORT THE PRIN-
 CIPAL TO A JUVENILE FACILITY FORTHWITH.
   (G)  THE  HEARING PROVIDED FOR BY THIS SUBDIVISION IS NOT REQUIRED FOR
 YOUTH TO BE DETAINED IN AN ADULT JAIL OR LOCKUP, WITH  SIGHT  AND  SOUND
 SEPARATION FROM INCARCERATED ADULTS, WHEN:
   (I)  THE YOUTH IS DETAINED IN AN ADULT JAIL OR LOCKUP FOR A PERIOD NOT
 TO EXCEED SIX HOURS FOR: PROCESSING OR RELEASE, WHILE AWAITING  TRANSFER
 TO A JUVENILE FACILITY, OR WHILE AWAITING A COURT APPEARANCE; OR
   (II) THE YOUTH IS AWAITING AN INITIAL COURT APPEARANCE THAT WILL OCCUR
 WITHIN  FORTY-EIGHT  HOURS  AFTER  BEING  TAKEN  INTO CUSTODY (EXCLUDING
 SATURDAYS, SUNDAYS,  AND  LEGAL  HOLIDAYS)  AND  EITHER:  CONDITIONS  OF
 DISTANCE  TO BE TRAVELED OR THE LACK OF HIGHWAY, ROAD, OR TRANSPORTATION
 DO NOT ALLOW FOR COURT APPEARANCES WITHIN FORTY-EIGHT  HOURS  (EXCLUDING
 SATURDAYS,  SUNDAYS,  AND LEGAL HOLIDAYS) SO THAT A BRIEF (NOT TO EXCEED
 AN ADDITIONAL FORTY-EIGHT HOURS) DELAY IS EXCUSABLE;  OR  CONDITIONS  OF
 SAFETY  EXIST  (SUCH AS SEVERE, ADVERSE, LIFE THREATENING WEATHER CONDI-
 TIONS) THAT DO NOT ALLOW FOR REASONABLY SAFE TRAVEL, IN WHICH  CASE  THE
 TIME  FOR AN APPEARANCE MAY BE DELAYED UNTIL TWENTY-FOUR HOURS AFTER THE
 TIME THAT SUCH CONDITIONS ALLOW FOR REASONABLY SAFE TRAVEL.
   § 5. This act shall take effect immediately.
 
                                  PART R
 
   Section 1. Subdivision 1 of section  359  of  the  executive  law,  as
 amended  by  section 42 of part AA of chapter 56 of the laws of 2019, is
 amended to read as follows:
   1. A local director shall designate the  location  of  the  local  and
 branch  offices  of the local veterans' service agency within his or her
 jurisdiction, which offices shall be open during convenient  hours.  The
 cost  of  maintenance and operation of a county veterans' service agency
 shall be a county charge and the cost of maintenance and operation of  a
 city veterans' service agency shall be a city charge, excepting that the
 state  director  with  the approval of the veterans' services commission
 shall allot and pay, from state moneys made available to him or her  for
 such  purposes,  to  each  county veterans' service agency and each city
 veterans' service agency, an amount equal to fifty  per  centum  of  its
 expenditures  for maintenance and operation approved by the state direc-
 tor, provided that in no event shall the amount allotted  and  paid  for
 such  approved expenditures incurred in any given year exceed (1) in the
 case of any county veterans' service agency in a county having  a  popu-
 lation  of not more than one hundred thousand or in the case of any city
 veterans' service agency in a city having a population of not more  than
 one hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, nor
 (2)  in  the  case  of  any  county veterans' service agency in a county
 having a population in excess of  one  hundred  thousand  excluding  the
 population  of any city therein which has a city veterans' service agen-
 cy, the sum of [ten] TWENTY-FIVE  thousand  dollars,  and,  in  addition
 thereto, the sum of five thousand dollars for each one hundred thousand,
 or  major  portion thereof, of the population of the county in excess of
 one hundred thousand excluding the population of any city therein  which
 has  a  city  veterans'  service agency, nor (3) in the case of any city
 veterans' service agency in a city having a population in excess of  one
 hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, and, in
 addition  thereto, the sum of five thousand dollars for each one hundred
 S. 8006--A                         54                         A. 9006--A
 
 thousand, or major portion thereof, of the population  of  the  city  in
 excess  of  one  hundred thousand. Such population shall be certified in
 the same manner as provided by section fifty-four of the  state  finance
 law.
   §  2.  This  act  shall take effect immediately and shall apply to all
 expenditures made on and after April 1, 2022.
 
                                  PART S
 
   Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
 section  131-o  of  the  social services law, as amended by section 1 of
 part P of chapter 56 of the  laws  of  2021,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$152.00] $161.00 for each month beginning on or after
 January first, two thousand [twenty-one] TWENTY-TWO.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$176.00] $186.00 for each month beginning on
 or after January first, two thousand [twenty-one] TWENTY-TWO.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$210.00] $222.00 for each month
 beginning on or after January first, two thousand  [twenty-one]  TWENTY-
 TWO.
   (d) for the period commencing January first, two thousand [twenty-two]
 TWENTY-THREE,  the  monthly  personal needs allowance shall be an amount
 equal to the sum of the amounts set forth in subparagraphs one  and  two
 of this paragraph:
   (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
 subdivision; and
   (2) the amount in subparagraph one of this  paragraph,  multiplied  by
 the  percentage  of  any  federal  supplemental  security income cost of
 living adjustment which becomes effective on or after January first, two
 thousand [twenty-two] TWENTY-THREE, but prior  to  June  thirtieth,  two
 thousand [twenty-two] TWENTY-THREE, rounded to the nearest whole dollar.
   §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
 section 209 of the social services law, as amended by section 2 of  part
 P of chapter 56 of the laws of 2021, are amended to read as follows:
   (a)  On and after January first, two thousand [twenty-one] TWENTY-TWO,
 for an eligible individual living alone, [$881.00] $928.00; and  for  an
 eligible couple living alone, [$1,295.00] $1,365.00.
   (b)  On and after January first, two thousand [twenty-one] TWENTY-TWO,
 for an eligible individual living with others with  or  without  in-kind
 income, [$817.00] $864.00; and for an eligible couple living with others
 with or without in-kind income, [$1,237.00] $1,307.00.
   (c)  On and after January first, two thousand [twenty-one] TWENTY-TWO,
 (i) for  an  eligible  individual  receiving  family  care,  [$1,060.48]
 $1,107.48 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 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 eligi-
 ble individual receiving such care in any other  county  in  the  state,
 [$1,022.48]  $1,069.48;  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.
 S. 8006--A                         55                         A. 9006--A
 
   (d) On and after January first, two thousand [twenty-one]  TWENTY-TWO,
 (i)  for  an eligible individual receiving residential care, [$1,229.00]
 $1,276.00 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,  [$1,199.00] $1,246.00; 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-one] TWENTY-TWO,
 (i) for an eligible  individual  receiving  enhanced  residential  care,
 [$1,488.00]  $1,535.00;  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-two] TWENTY-
 THREE but prior to June thirtieth,  two  thousand  [twenty-two]  TWENTY-
 THREE.
   § 3. This act shall take effect December 31, 2022.
 
                                  PART T
 
   Section  1.  Section 4 of part W of chapter 54 of the laws of 2016, as
 amended by section 1 of part M of chapter 56 of the laws of 2019, amend-
 ing the social services law relating to the powers and duties    of  the
 commissioner  of social services relating to the appointment of a tempo-
 rary operator, is amended to read as follows:
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2016, provided
 further that this act shall expire and  be  deemed  repealed  March  31,
 [2022] 2025.
   § 2. This act shall take effect immediately.
 
                                  PART U
 
   Section 1. Subdivision 4 of section 158 of the social services law, as
 amended  by  section 44 of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   4. Social services officials shall determine  eligibility  for  safety
 net  assistance within [forty-five] THIRTY days of receiving an applica-
 tion for safety net assistance. Such officials shall  notify  applicants
 of  safety  net  assistance about the availability of assistance to meet
 emergency circumstances or to prevent eviction.
   § 2. Subdivision 8 of section 153  of  the  social  services  law,  as
 amended  by  chapter  41  of  the  laws  of  1992, is amended to read as
 follows:
   8. Any inconsistent provision of the law or regulation of the  depart-
 ment  notwithstanding,  state  reimbursement  shall  not be made for any
 expenditure made for the duplication of any grant and allowance for  any
 period,  except  as  authorized  by  subdivision  eleven  of section one
 hundred thirty-one of this chapter[, or for any home relief payment made
 for periods prior to forty-five days after the filing of an  application
 S. 8006--A                         56                         A. 9006--A

 unless  the  district determines pursuant to department regulations that
 such assistance is required to meet emergency circumstances  or  prevent
 eviction].  Notwithstanding  any other provision of law, social services
 districts  are  not required to provide [home relief] SAFETY NET ASSIST-
 ANCE to any person, otherwise eligible, if state  reimbursement  is  not
 available in accordance with this subdivision.
   § 3. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 8 of
 section  131-a  of the social services law, subparagraph (ii) as amended
 by section 12 of part B of chapter 436 of the laws of 1997 and  subpara-
 graph  (iii)  as amended by chapter 246 of the laws of 2002, are amended
 to read as follows:
   (ii) FIFTY PERCENT OF THE EARNED INCOME FOR SUCH MONTH OF ANY  RECIPI-
 ENT;
   (III) from the earned income of any [child or relative applying for or
 receiving  aid  pursuant  to  such  program,  or of any other individual
 living in the same household as such relative and child whose needs  are
 taken  into  account  in  making  such  determination, the first ninety]
 APPLICANT OR RECIPIENT, ONE HUNDRED FIFTY dollars of the [total of such]
 earned income for such month THAT REMAINS AFTER APPLICATION OF  SUBPARA-
 GRAPH (II) OF THIS PARAGRAPH;
   [(iii)  forty-two  percent  of the earned income for such month of any
 recipient in a household containing  a  dependent  child  which  remains
 after   application  of  all  other  subparagraphs  of  this  paragraph;
 provided, however, that such percentage amount shall be adjusted in June
 of each year, commencing in nineteen hundred  ninety-eight,  to  reflect
 changes  in  the  most  recently issued poverty guidelines of the United
 States Bureau of the Census, such that  a  household  of  three  without
 special needs, living in a heated apartment in New York city and without
 unearned  income would become ineligible for assistance with gross earn-
 ings equal to the poverty level in such guidelines;  provided,  however,
 that no assistance shall be given to any household with gross earned and
 unearned  income, exclusive of income described in subparagraphs (i) and
 (vi) of this paragraph, in excess of such poverty level;]
   § 4. Subdivision 10 of section 131-a of the  social  services  law  is
 REPEALED.
   §  5.  Subdivision  1  of section 131-n of the social services law, as
 separately amended by chapters   323 and 329 of the  laws  of  2019,  is
 amended to read as follows:
   1.  The  following resources shall be exempt and disregarded in calcu-
 lating the amount of benefits of any household under any public  assist-
 ance program: (a) cash and liquid or nonliquid resources up to two thou-
 sand  FIVE  HUNDRED  dollars  for  applicants, [or] three thousand SEVEN
 HUNDRED FIFTY dollars FOR APPLICANTS in  [the  case  of]  households  in
 which  any  member  is sixty years of age or older OR IS DISABLED OR TEN
 THOUSAND DOLLARS FOR RECIPIENTS, (b) an amount up to four  thousand  six
 hundred fifty dollars in a separate bank account established by an indi-
 vidual  while currently in receipt of assistance for the sole purpose of
 enabling the individual to purchase a first or replacement  vehicle  for
 the  recipient  to  seek,  obtain or maintain employment, so long as the
 funds are not used for any other purpose, (c) an amount up to one  thou-
 sand  four  hundred dollars in a separate bank account established by an
 individual while currently in receipt of assistance for the  purpose  of
 paying  tuition  at  a  two-year  or four-year accredited post-secondary
 educational institution, so long as the funds are not used for any other
 purpose, (d) the home which is the usual residence of the household, (e)
 one automobile, up to ten thousand dollars fair  market  value,  through
 S. 8006--A                         57                         A. 9006--A
 
 March thirty-first, two thousand seventeen; one automobile, up to eleven
 thousand  dollars  fair  market  value,  from  April first, two thousand
 seventeen through March thirty-first, two  thousand  eighteen;  and  one
 automobile,  up  to twelve thousand dollars fair market value, beginning
 April first, two thousand eighteen and thereafter, or such other  higher
 dollar  value  as the local social services district may elect to adopt,
 (f) one burial plot per household member as defined in department  regu-
 lations,  (g) bona fide funeral agreements up to a total of one thousand
 five hundred dollars in equity value per household member, (h) funds  in
 an  individual development account established in accordance with subdi-
 vision five of section three hundred fifty-eight  of  this  chapter  and
 section  four hundred three of the social security act, (i) for a period
 of six months, real property which the household is making a good  faith
 effort  to  sell, in accordance with department regulations and tangible
 personal property necessary for business or for employment  purposes  in
 accordance  with  department  regulations,  and (j) funds in a qualified
 tuition program that satisfies the requirement of  section  529  of  the
 Internal  Revenue Code of 1986, as amended, and [(j)] (K) funds in a New
 York achieving a better life experience savings account  established  in
 accordance with article eighty-four of the mental hygiene law.
   If  federal  law  or regulations require the exemption or disregard of
 additional income and resources in determining need for  family  assist-
 ance,  or medical assistance not exempted or disregarded pursuant to any
 other provision of this chapter,  the  department  may,  by  regulations
 subject  to  the  approval of the director of the budget, require social
 services officials to exempt or disregard  such  income  and  resources.
 Refunds resulting from earned income tax credits shall be disregarded in
 public assistance programs.
   §  6.  This  act shall take effect October 1, 2022; provided, however,
 that effective immediately, any percentage adjustments reflecting chang-
 es in the poverty guidelines of the United States Bureau of  the  Census
 required  in  subparagraph  (iii)  of  paragraph (a) of subdivision 8 of
 section 131-a of the social  services  law  shall  cease;  and  provided
 further  that  the  amendments  to subdivision 1 of section 131-n of the
 social services law made by section five of this act  shall  not  affect
 the expiration of such section and shall be deemed to expire therewith.
 
                                  PART V
 
   Section  1.  The labor law is amended by adding a new section 202-m to
 read as follows:
   § 202-M. RESTRICTIONS ON EMPLOYMENT. 1. DEFINITIONS. FOR THE  PURPOSES
 OF THIS SECTION:
   (A)  "COVERED  EMPLOYEE"  SHALL MEAN AN EMPLOYEE EARNING LESS THAN THE
 MEDIAN WAGE IN NEW YORK STATE AS DETERMINED AND PUBLISHED ON THE DEPART-
 MENT'S WEBSITE BY THE COMMISSIONER ON OR BEFORE THE  FIRST  OF  JUNE  OF
 EACH YEAR.
   (B)  "PROSPECTIVE  COVERED  EMPLOYEE"  SHALL  MEAN AN APPLICANT OR JOB
 CANDIDATE FOR EMPLOYMENT FOR A JOB EARNING LESS THAN THE MEDIAN WAGE  IN
 NEW YORK STATE AS DETERMINED AND PUBLISHED BY THE COMMISSIONER.
   (C)  "NON-COMPETE  AGREEMENT" SHALL MEAN AN AGREEMENT OR CONTRACT THAT
 PROHIBITS, DISCOURAGES, OR OTHERWISE RESTRICTS AN EMPLOYEE FROM  OBTAIN-
 ING  EMPLOYMENT  IN ANY SPECIFIED GEOGRAPHIC AREA, FOR A SPECIFIC PERIOD
 OF TIME, OR WITH ANY PARTICULAR EMPLOYER OR IN ANY PARTICULAR INDUSTRY.
   (D) "EMPLOYEE" MEANS ANY PERSON EMPLOYED FOR HIRE BY  AN  EMPLOYER  IN
 ANY EMPLOYMENT.
 S. 8006--A                         58                         A. 9006--A
 
   (E)  "EMPLOYER"  INCLUDES  ANY  PERSON, CORPORATION, LIMITED LIABILITY
 COMPANY, OR ASSOCIATION EMPLOYING  ANY  INDIVIDUAL  IN  ANY  OCCUPATION,
 INDUSTRY,  TRADE,  BUSINESS  OR  SERVICE.  THE TERM "EMPLOYER" SHALL NOT
 INCLUDE A GOVERNMENTAL AGENCY.
   2.  PROHIBITED NON-COMPETE AGREEMENTS. NO EMPLOYER SHALL SEEK, DEMAND,
 REQUIRE, OR ACCEPT A NON-COMPETE AGREEMENT WITH A COVERED EMPLOYEE OR  A
 PROSPECTIVE COVERED EMPLOYEE.
   3.  LIMITATIONS ON PERMISSIBLE NON-COMPETE AGREEMENTS. FOR ALL EMPLOY-
 EES OTHER THAN COVERED  EMPLOYEES,  NO  EMPLOYER  SHALL  SEEK,  REQUIRE,
 DEMAND  OR  ACCEPT  A NON-COMPETE AGREEMENT FROM ANY EMPLOYEE UNLESS THE
 NON-COMPETE AGREEMENT MEETS THE FOLLOWING REQUIREMENTS:
   (A) BE STRICTLY LIMITED TO BE NO MORE EXPANSIVE THAN AS  REQUIRED  FOR
 THE PROTECTION OF THE LEGITIMATE INTEREST OF THE EMPLOYER;
   (B) NOT IMPOSE UNDUE HARDSHIP ON THE EMPLOYEE;
   (C) NOT BE INJURIOUS TO THE PUBLIC;
   (D)  BE  DISCLOSED  IN  A  WRITTEN OFFER OF EMPLOYMENT OR IN A WRITTEN
 OFFER OF A PROMOTION AT LEAST TEN DAYS BEFORE THE EFFECTIVE DATE OF SUCH
 EMPLOYMENT OR PROMOTION;
   (E) BE WRITTEN IN THE PRIMARY LANGUAGE IDENTIFIED BY THE EMPLOYEE;
   (F) BE WRITTEN AT A READING COMPREHENSION LEVEL NOT EXCEEDING THAT  OF
 THE EMPLOYEE;
   (G)  NOT CONTAIN A TERM OF MORE THAN ONE YEAR AFTER THE EMPLOYMENT HAS
 ENDED;
   (H) NOT REQUIRE THAT AN EMPLOYEE ADJUDICATE, INCLUDING  LITIGATION  OR
 ARBITRATION,  OUTSIDE  OF  THE  STATE OF NEW YORK A CLAIM ARISING IN THE
 STATE OF NEW YORK;
   (I) BE MAINTAINED BY THE EMPLOYER FOR A PERIOD OF NOT  LESS  THAN  SIX
 YEARS FROM THE END OF THE AGREEMENT;
   (J) BE VOIDABLE, AT THE OPTION OF THE EMPLOYEE, IF THE EMPLOYER CANNOT
 DEMONSTRATE A CONTINUED WILLINGNESS TO EMPLOY THE EMPLOYEE; AND
   (K)  NOT DEPRIVE AN EMPLOYEE OF THE SUBSTANTIVE PROTECTION OF NEW YORK
 LAW WITH RESPECT TO A CONTROVERSY ARISING IN THE STATE OF NEW YORK.
   4. THIS SECTION SHALL NOT APPLY TO:
   (A) THE ENFORCEMENT OF COVENANTS NOT TO DISCLOSE TRADE SECRETS;
   (B) EMPLOYEES COVERED UNDER SECTION TWO HUNDRED TWO-K OF THIS ARTICLE;
 AND
   (C) AGREEMENTS BETWEEN BONA FIDE OWNERS OR PARTNERS OF A BUSINESS.
   5. UPON THE REQUEST OF THE COMMISSIONER OR HIS OR  HER  DESIGNEE,  ANY
 CONTRACT  OR  AGREEMENT  DESCRIBED  IN  THIS  SECTION  SHALL BE OPEN FOR
 INSPECTION AND COPIES OF WHICH SHALL BE PROVIDED BY THE EMPLOYER TO  THE
 COMMISSIONER PROMPTLY UPON SUCH REQUEST.
   6.  ANY  PERSON WHO VIOLATES THIS SECTION SHALL BE CIVILLY LIABLE TO A
 COVERED EMPLOYEE FOR DAMAGES, ATTORNEY'S FEES, AND COSTS. ANY  PROVISION
 OF  A  CONTRACT  THAT  VIOLATES  SUBDIVISION  ONE, TWO, OR THREE OF THIS
 SECTION SHALL BE VOIDABLE  BY  THE  EMPLOYEE,  AND  IF  A  PROVISION  IS
 RENDERED VOID AT THE REQUEST OF THE EMPLOYEE, ANY MATTERS ARISING THERE-
 FROM  SHALL  BE  ADJUDICATED  IN  THE STATE OF NEW YORK AND NEW YORK LAW
 SHALL GOVERN THE DISPUTE.
   § 2. The opening paragraph of subdivision 1  of  section  218  of  the
 labor  law,  as  amended by chapter 2 of the laws of 2015, is amended to
 read as follows:
   If the  commissioner  determines  that  an  employer  has  violated  a
 provision  of  article six (payment of wages), article nineteen (minimum
 wage act), article nineteen-A (minimum  wage  standards  and  protective
 labor   practices   for   farm   workers),  SECTION  TWO  HUNDRED  TWO-M
 (RESTRICTIONS ON EMPLOYMENT), section two hundred twelve-a, section  two
 S. 8006--A                         59                         A. 9006--A
 
 hundred twelve-b, section one hundred sixty-one (day of rest) or section
 one hundred sixty-two (meal periods) of this chapter, or a rule or regu-
 lation  promulgated  thereunder,  the  commissioner  shall  issue to the
 employer  an  order directing compliance therewith, which shall describe
 particularly the nature of the alleged violation. A copy of  such  order
 shall  be  provided  to  any  employee who has filed a complaint and any
 authorized representative of  him  or  her.  In  addition  to  directing
 payment  of  wages,  benefits  or  wage supplements found to be due, and
 liquidated damages in the amount of one hundred percent of unpaid wages,
 such order, if issued to an employer who previously has  been  found  in
 violation  of  those provisions, rules or regulations, or to an employer
 whose violation is willful or egregious, shall  direct  payment  to  the
 commissioner of an additional sum as a civil penalty in an amount not to
 exceed  double  the total amount of wages, benefits, or wage supplements
 found to be due. In no case shall the order direct payment of an  amount
 less  than  the  total  wages, benefits or wage supplements found by the
 commissioner to be due, plus the liquidated damages in the amount of one
 hundred percent of unpaid wages,  the  appropriate  civil  penalty,  and
 interest  at  the  rate of interest then in effect, as prescribed by the
 superintendent of financial services pursuant to section  fourteen-a  of
 the  banking law per annum from the date of the underpayment to the date
 of the payment. Where the violation is  for  a  reason  other  than  the
 employer's  failure  to pay wages, benefits or wage supplements found to
 be due, the order shall direct payment to the commissioner  of  a  civil
 penalty  in  an  amount  not  to exceed one thousand dollars for a first
 violation, two thousand dollars for a second violation or three thousand
 dollars for a third or subsequent violation. In assessing the amount  of
 the  penalty,  the commissioner shall give due consideration to the size
 of the employer's business, the good faith  basis  of  the  employer  to
 believe  that its conduct was in compliance with the law, the gravity of
 the violation, the history of previous violations and, in  the  case  of
 wages,  benefits  or  supplements violations, the failure to comply with
 recordkeeping or other non-wage requirements.
   § 3. Subdivision 1 of section 219 of the  labor  law,  as  amended  by
 chapter  564  of  the  laws  of  2010,  the opening paragraph as further
 amended by part A of section 104 of chapter 62 of the laws of  2011,  is
 amended to read as follows:
   1.  If  the commissioner determines that an employer has failed to pay
 wages, benefits or wage supplements required  pursuant  to  article  six
 (payment  of  wages), SECTION TWO HUNDRED TWO-M (RESTRICTIONS ON EMPLOY-
 MENT), article nineteen (minimum wage act) or article nineteen-A  (mini-
 mum  wage  standards and protective labor practices for farm workers) of
 this chapter, or  a  rule  or  regulation  promulgated  thereunder,  the
 commissioner  shall  issue to the employer an order directing compliance
 therewith, which shall describe particularly the nature of  the  alleged
 violation.  A  copy  of such order shall be provided to any employee who
 has filed a complaint and to his or her authorized representative.  Such
 order  shall  direct  payment  of  wages or supplements found to be due,
 liquidated damages in the amount of one hundred percent of unpaid wages,
 and interest at the rate of interest then in effect as prescribed by the
 superintendent of financial services pursuant to section  fourteen-a  of
 the  banking law per annum from the date of the underpayment to the date
 of the payment.
   At the discretion of the commissioner,  the  commissioner  shall  have
 full  authority to provide for inclusion of an automatic fifteen percent
 additional amount of damages to come due and owing  upon  expiration  of
 S. 8006--A                         60                         A. 9006--A
 
 ninety  days  from  an  order to comply becoming final. The commissioner
 shall provide written notice to the employer in the order to  comply  of
 this additional damage.
   §  4.  Section  340 of the general business law is amended by adding a
 new subdivision 7 to read as follows:
   7. NO EMPLOYER SHALL ENTER INTO  A  RESTRICTIVE  EMPLOYMENT  AGREEMENT
 THAT  PROHIBITS  OR  RESTRICTS ANY EMPLOYER'S ABILITY TO SOLICIT OR HIRE
 ANOTHER EMPLOYER'S CURRENT OR FORMER EMPLOYEES. IT SHALL BE UNLAWFUL FOR
 ANY ENTITY TO ENTER INTO SUCH A RESTRICTIVE EMPLOYMENT AGREEMENT  OR  TO
 ENFORCE  OR THREATEN TO ENFORCE SUCH A RESTRICTIVE EMPLOYMENT AGREEMENT.
 FOR PURPOSES OF THIS SUBDIVISION, THE TERMS  "EMPLOYER"  AND  "EMPLOYEE"
 SHALL  HAVE  THE SAME MEANINGS AS DEFINED PURSUANT TO SECTION TWO OF THE
 LABOR LAW.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                                  PART W
 
   Section 1. Subdivision 1 of section 198-a of the labor law, as amended
 by chapter 564 of the laws of 2010, is amended to read as follows:
   1.  Every  employer who does not pay the wages of all of his employees
 in accordance with the provisions of this chapter, and the officers  and
 agents of any corporation, partnership, or limited liability company who
 knowingly  permit  the  corporation,  partnership,  or limited liability
 company to violate this chapter by failing to pay the wages  of  any  of
 its employees in accordance with the provisions thereof, shall be guilty
 [of  a  misdemeanor  for  the first offense and upon conviction therefor
 shall be fined not less than five hundred nor more than twenty  thousand
 dollars or imprisoned for not more than one year, and, in the event that
 any  second or subsequent offense occurs within six years of the date of
 conviction for a prior offense, shall be guilty  of  a  felony  for  the
 second  or  subsequent  offense,  and upon conviction therefor, shall be
 fined not less than five hundred nor more than twenty  thousand  dollars
 or  imprisoned  for  not more than one year plus one day, or punished by
 both such fine and imprisonment, for each such offense. An indictment of
 a person or corporation  operating  a  steam  surface  railroad  for  an
 offense  specified  in this section may be found and tried in any county
 within the state in  which  such  railroad  ran  at  the  time  of  such
 offense],  EXCEPT  AS OTHERWISE PROVIDED IN THIS CHAPTER OR IN THE PENAL
 LAW, OF A CLASS A MISDEMEANOR FOR FAILURE TO PAY A SINGLE EMPLOYEE  LESS
 THAN  ONE  THOUSAND DOLLARS OR LESS THAN TWENTY-FIVE THOUSAND DOLLARS TO
 MORE THAN ONE EMPLOYEE; OF A CLASS E FELONY FOR FAILURE TO PAY A  SINGLE
 EMPLOYEE  GREATER  THAN ONE THOUSAND DOLLARS OR GREATER THAN TWENTY-FIVE
 THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; OF  A  CLASS  D  FELONY  FOR
 FAILURE  TO PAY A SINGLE EMPLOYEE GREATER THAN THREE THOUSAND DOLLARS OR
 ONE HUNDRED THOUSAND DOLLARS TO MORE THAN ONE EMPLOYEE; AND  A  CLASS  C
 FELONY  FOR FAILURE TO PAY A SINGLE EMPLOYEE GREATER THAN FIFTY THOUSAND
 S. 8006--A                         61                         A. 9006--A
 
 DOLLARS OR GREATER THAN FIVE HUNDRED THOUSAND DOLLARS TO MORE  THAN  ONE
 EMPLOYEE.  FURTHER, A COURT MAY ORDER RESTITUTION OF WAGES IN THE AMOUNT
 OF  THE  UNDERPAYMENT  AND  TOGETHER  WITH  SUCH AMOUNTS PROVIDED FOR BY
 SECTION TWO HUNDRED EIGHTEEN OF THIS CHAPTER.
   §  2.  Section  213 of the labor law, as amended by chapter 729 of the
 laws of 1980, is amended to read as follows:
   § 213. Violations of provisions of labor law; the  rules,  regulations
 or  orders  of  the [industrial] commissioner and the [industrial] board
 [of appeals]. Any person who  violates  or  does  not  comply  with  any
 provision  of the labor law, any rule, regulation or lawful order of the
 [industrial] commissioner or the [industrial] board  [of  appeals],  and
 the  officers  and  agents  of  any corporation who knowingly permit the
 corporation to violate such provisions, are guilty of a CLASS  A  misde-
 meanor and upon conviction shall be punished, [except as in this chapter
 or in the penal law otherwise provided, for a first offense by a fine of
 not  more than one hundred dollars, provided, however, that if the first
 offense is a violation of a rule or provision for the protection of  the
 safety or health of employees or persons lawfully frequenting a place to
 which  this  chapter applies, the punishment shall be a fine of not more
 than one hundred dollars or by imprisonment for not  more  than  fifteen
 days  or  by  both  such  fine and imprisonment;] IN ACCORDANCE WITH THE
 PENAL LAW AND, for a second [offense by a fine  of  not  less  than  one
 hundred  nor  more than five hundred dollars, or by imprisonment for not
 more than thirty days or by both  such  fine  and  imprisonment;  for  a
 second  offense  by a fine of not less than three hundred dollars, or by
 imprisonment for not more than sixty days, or  by  both  such  fine  and
 imprisonment]  OR  SUBSEQUENT  OFFENSE COMMITTED WITHIN SIX YEARS OF THE
 DATE OF CONVICTION OF PRIOR OFFENSE, ARE GUILTY OF A CLASS E FELONY  AND
 UPON CONVICTION SHALL BE PUNISHED IN ACCORDANCE WITH THE PENAL LAW. This
 section  shall not apply to any person covered by section twenty-seven-a
 of this chapter.
   § 3. This act shall take effect immediately.
 
                                  PART X
 
   Section 1. Subdivision 1 of section  296  of  the  executive  law,  as
 amended by chapter 365 of the laws of 2015, paragraphs (a), (b), (c) and
 (d)  as  amended  by  chapter  8  of  the laws of 2019, paragraph (h) as
 amended by chapter 161 of the laws of 2019, paragraph (a) as  separately
 amended  by  chapter  176  of  the  laws  of 2019, is amended to read as
 follows:
   1. It shall be an unlawful discriminatory practice:
   (a) For an employer or licensing agency, because  of  an  individual's
 age,  race,  creed,  color,  national origin, sexual orientation, gender
 identity or expression, military status, sex,  disability,  predisposing
 genetic characteristics, familial status, marital status, or status as a
 victim of domestic violence, to refuse to hire or employ or to bar or to
 discharge  from  employment  such  individual or to discriminate against
 such individual in compensation or in terms, conditions or privileges of
 employment.
   (b) For an employment agency to discriminate  against  any  individual
 because of age, race, creed, color, national origin, sexual orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing genetic characteristics, familial status, [or] marital status, OR
 STATUS  AS  A  VICTIM  OF  DOMESTIC VIOLENCE, in receiving, classifying,
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 disposing or otherwise acting upon applications for its services  or  in
 referring an applicant or applicants to an employer or employers.
   (c)  For a labor organization, because of the age, race, creed, color,
 national origin, sexual  orientation,  gender  identity  or  expression,
 military  status, sex, disability, predisposing genetic characteristics,
 familial status, [or] marital status, OR STATUS AS A VICTIM OF  DOMESTIC
 VIOLENCE,  of any individual, to exclude or to expel from its membership
 such individual or to discriminate in any way against any of its members
 or against any employer or any individual employed by an employer.
   (d) For any employer or employment agency to  print  or  circulate  or
 cause to be printed or circulated any statement, advertisement or publi-
 cation,  or to use any form of application for employment or to make any
 inquiry in  connection  with  prospective  employment,  which  expresses
 directly  or indirectly, any limitation, specification or discrimination
 as to age, race, creed,  color,  national  origin,  sexual  orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing genetic characteristics, familial status, [or] marital status, OR
 STATUS  AS A VICTIM OF DOMESTIC VIOLENCE, or any intent to make any such
 limitation, specification or discrimination, unless based  upon  a  bona
 fide  occupational  qualification;  provided, however, that neither this
 paragraph nor any provision of  this  chapter  or  other  law  shall  be
 construed  to prohibit the department of civil service or the department
 of personnel of any city containing more than one county from requesting
 information from applicants for civil  service  examinations  concerning
 any  of  the  aforementioned  characteristics,  other than sexual orien-
 tation, for the purpose of conducting studies to  identify  and  resolve
 possible  problems  in  recruitment  and  testing of members of minority
 groups to insure  the  fairest  possible  and  equal  opportunities  for
 employment  in  the  civil  service  for all persons, regardless of age,
 race, creed, color, national origin, sexual orientation or gender  iden-
 tity  or  expression,  military  status,  sex,  disability, predisposing
 genetic characteristics, familial status, or marital status.
   (e) For any employer,  labor  organization  or  employment  agency  to
 discharge, expel or otherwise discriminate against any person because he
 or she has opposed any practices forbidden under this article or because
 he or she has filed a complaint, testified or assisted in any proceeding
 under this article.
   (f) Nothing in this subdivision shall affect any restrictions upon the
 activities  of  persons  licensed  by  the  state  liquor authority with
 respect to persons under twenty-one years of age.
   (g) For an employer to compel an employee who is pregnant  to  take  a
 leave  of  absence,  unless  the employee is prevented by such pregnancy
 from performing the activities involved in the job or  occupation  in  a
 reasonable manner.
   (h)  For  an  employer,  licensing  agency, employment agency or labor
 organization to subject any individual to harassment because of an indi-
 vidual's age, race, creed, color, national origin,  sexual  orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing  genetic characteristics, familial status, marital status, STATUS
 AS A VICTIM OF domestic violence [victim status], or because  the  indi-
 vidual has opposed any practices forbidden under this article or because
 the  individual  has  filed  a  complaint,  testified or assisted in any
 proceeding under this article, regardless  of  whether  such  harassment
 would  be  considered  severe  or  pervasive  under precedent applied to
 harassment claims. Such harassment is an unlawful  discriminatory  prac-
 tice  when  it  subjects  an individual to inferior terms, conditions or
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 privileges of employment because of the individual's membership  in  one
 or more of these protected categories. The fact that such individual did
 not  make  a  complaint about the harassment to such employer, licensing
 agency,  employment agency or labor organization shall not be determina-
 tive of whether such employer, licensing agency,  employment  agency  or
 labor  organization shall be liable. Nothing in this section shall imply
 that an employee must demonstrate the existence of an individual to whom
 the employee's treatment must be compared. It shall  be  an  affirmative
 defense  to  liability under this subdivision that the harassing conduct
 does not rise above the level of what a reasonable victim  of  discrimi-
 nation  with  the same protected characteristic or characteristics would
 consider petty slights or trivial inconveniences.
   § 2. Subdivision 1-a of section 296 of the executive law,  as  amended
 by  chapter  365  of  the  laws  of 2015, paragraphs (b), (c) and (d) as
 amended by chapter 8 of the laws of 2019, is amended to read as follows:
   1-a. It shall be an unlawful discriminatory practice for an  employer,
 labor  organization,  employment  agency  or  any joint labor-management
 committee controlling apprentice training programs:
   (a) To select persons for an apprentice  training  program  registered
 with the state of New York on any basis other than their qualifications,
 as determined by objective criteria which permit review;
   (b)  To  deny  to  or withhold from any person because of race, creed,
 color,  national  origin,  sexual  orientation,   gender   identity   or
 expression, military status, sex, age, disability, familial status, [or]
 marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, the right to
 be  admitted  to or participate in a guidance program, an apprenticeship
 training  program,  on-the-job  training  program,  executive   training
 program, or other occupational training or retraining program;
   (c)  To  discriminate against any person in his or her pursuit of such
 programs or to discriminate against such a person in the  terms,  condi-
 tions  or  privileges  of  such  programs because of race, creed, color,
 national origin, sexual  orientation,  gender  identity  or  expression,
 military  status,  sex,  age,  disability, familial status [or], marital
 status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE;
   (d) To print or circulate or cause to be  printed  or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for such programs or to make any inquiry in  connection  with  such
 program  which  expresses, directly or indirectly, any limitation, spec-
 ification or discrimination as to race, creed, color,  national  origin,
 sexual orientation, gender identity or expression, military status, sex,
 age,  disability,  familial  status [or], marital status, OR STATUS AS A
 VICTIM OF DOMESTIC VIOLENCE,  or any intention to make any such  limita-
 tion, specification or discrimination, unless based on a bona fide occu-
 pational qualification.
   §  3.  Paragraph  (a) of subdivision 2 of section 296 of the executive
 law, as amended by chapter 8 of the laws of 2019, is amended to read  as
 follows:
   (a)  It  shall  be an unlawful discriminatory practice for any person,
 being the owner, lessee, proprietor, manager, superintendent,  agent  or
 employee  of  any  place  of  public accommodation, resort or amusement,
 because of the race, creed, color, national origin, sexual  orientation,
 gender  identity  or  expression, military status, sex, disability [or],
 marital status, OR STATUS AS A  VICTIM  OF  DOMESTIC  VIOLENCE,  of  any
 person, directly or indirectly, to refuse, withhold from or deny to such
 person  any  of the accommodations, advantages, facilities or privileges
 thereof, including the extension of credit, or, directly or  indirectly,
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 to  publish,  circulate,  issue,  display,  post  or mail any written or
 printed communication, notice or advertisement, to the effect  that  any
 of the accommodations, advantages, facilities and privileges of any such
 place shall be refused, withheld from or denied to any person on account
 of race, creed, color, national origin, sexual orientation, gender iden-
 tity  or expression, military status, sex, disability or marital status,
 or that the patronage or custom thereat of any person of  or  purporting
 to  be  of  any  particular  race, creed, color, national origin, sexual
 orientation, gender identity or  expression,  military  status,  sex  or
 marital  status,  or  having a disability is unwelcome, objectionable or
 not acceptable, desired or solicited.
   § 4. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
 296  of  the executive law, as amended by section 3 of part T of chapter
 56 of the laws of 2019, are amended to read as follows:
   (a) To refuse to sell, rent or lease or otherwise to deny to or  with-
 hold  from  any  person  or group of persons such housing accommodations
 because of the race, creed, color, disability, national  origin,  sexual
 orientation,  gender  identity or expression, military status, age, sex,
 marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE,  lawful  source
 of  income or familial status of such person or persons, or to represent
 that any housing accommodation or land is not available for  inspection,
 sale, rental or lease when in fact it is so available.
   (b)  To  discriminate  against  any person because of his or her race,
 creed, color, disability, national origin,  sexual  orientation,  gender
 identity  or  expression,  military  status,  age,  sex, marital status,
 STATUS AS A VICTIM OF DOMESTIC VIOLENCE,  lawful  source  of  income  or
 familial  status in the terms, conditions or privileges of any publicly-
 assisted housing accommodations or in the furnishing  of  facilities  or
 services in connection therewith.
   (c) To cause to be made any written or oral inquiry or record concern-
 ing  the  race, creed, color, disability, national origin, sexual orien-
 tation, gender identity or expression, membership in the  reserve  armed
 forces  of  the  United States or in the organized militia of the state,
 age, sex, marital status, STATUS  AS  A  VICTIM  OF  DOMESTIC  VIOLENCE,
 lawful  source  of income or familial status of a person seeking to rent
 or lease any publicly-assisted housing accommodation; provided, however,
 that nothing in this subdivision shall prohibit a member of the  reserve
 armed  forces  of  the  United States or in the organized militia of the
 state from voluntarily disclosing such membership.
   (c-1) To print or circulate or cause to be printed or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease of such housing accommodation  or
 to  make  any  record  or  inquiry  in  connection  with the prospective
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses,  directly  or  indirectly,  any  limitation, specification or
 discrimination as to race, creed, color, national origin, sexual  orien-
 tation,  gender identity or expression, military status, sex, age, disa-
 bility, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE,  lawful
 source  of  income  or  familial  status, or any intent to make any such
 limitation, specification or discrimination.
   § 5. Subdivisions 3-b and 4 of section 296 of the  executive  law,  as
 amended  by  chapter  8 of the laws of 2019, subdivision 4 as separately
 amended by chapter 116 of the laws of  2019,  are  amended  to  read  as
 follows:
   3-b.  It  shall  be  an  unlawful discriminatory practice for any real
 estate broker, real estate salesperson or employee or agent  thereof  or
 S. 8006--A                         65                         A. 9006--A
 
 any  other  individual, corporation, partnership or organization for the
 purpose of inducing a real estate transaction from which any such person
 or any of its stockholders or members may benefit financially, to repre-
 sent  that a change has occurred or will or may occur in the composition
 with respect to race, creed, color, national origin, sexual orientation,
 gender identity or expression, military status, sex, disability, marital
 status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or familial  status  of
 the  owners or occupants in the block, neighborhood or area in which the
 real property is located, and to represent, directly or indirectly, that
 this change will or may result in undesirable consequences in the block,
 neighborhood or area in which the real property  is  located,  including
 but not limited to the lowering of property values, an increase in crim-
 inal  or anti-social behavior, or a decline in the quality of schools or
 other facilities.
   4. It shall be an unlawful discriminatory practice for an  educational
 institution  to  deny  the use of its facilities to any person otherwise
 qualified, or to permit the harassment of any student or  applicant,  by
 reason of his race, color, religion, disability, national origin, sexual
 orientation,  gender  identity  or expression, military status, sex, age
 [or], marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, except
 that any such institution which establishes or  maintains  a  policy  of
 educating  persons of one sex exclusively may admit students of only one
 sex.
   § 6. Subdivision 5 of section 296 of the executive law, as amended  by
 chapter  8  of the laws of 2019, paragraph (a) as amended by chapter 300
 of the laws of 2021,  subparagraphs 1 and 2 of paragraph (c) as  amended
 by  section  5  and  paragraph  (d) as amended by section 6 of part T of
 chapter 56 of the laws of 2019, is amended to read as follows:
   5. (a) It shall be an unlawful discriminatory practice for the  owner,
 lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
 having the right  to  sell,  rent  or  lease  a  housing  accommodation,
 constructed or to be constructed, or any agent or employee thereof:
   (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
 from any person or group of persons such a housing accommodation because
 of  the  race, creed, color, national origin, sexual orientation, gender
 identity or expression, military status, sex, age,  disability,  marital
 status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source of income
 or  familial  status of such person or persons, or to represent that any
 housing accommodation or land is not  available  for  inspection,  sale,
 rental or lease when in fact it is so available.
   (2)  To discriminate against any person because of race, creed, color,
 national origin, sexual  orientation,  gender  identity  or  expression,
 military  status,  sex,  age,  disability,  marital  status, STATUS AS A
 VICTIM OF DOMESTIC VIOLENCE, lawful source of income or familial  status
 in  the  terms, conditions or privileges of the sale, rental or lease of
 any such housing accommodation or in the  furnishing  of  facilities  or
 services in connection therewith.
   (3)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for the purchase, rental or lease of such housing accommodation or
 to make any  record  or  inquiry  in  connection  with  the  prospective
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses, directly or  indirectly,  any  limitation,  specification  or
 discrimination  as to race, creed, color, national origin, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful
 S. 8006--A                         66                         A. 9006--A
 
 source of income or familial status, or any  intent  to  make  any  such
 limitation, specification or discrimination.
   (4)  (i) The provisions of subparagraphs one and two of this paragraph
 shall not apply (1) to the rental of a housing accommodation in a build-
 ing which contains housing accommodations for not more than two families
 living independently of each other, if the owner resides in one of  such
 housing  accommodations,  (2)  to  the  restriction of the rental of all
 rooms in a housing accommodation to individuals of the same sex  or  (3)
 to  the  rental  of  a room or rooms in a housing accommodation, if such
 rental is by the occupant of the housing accommodation or by  the  owner
 of  the  housing  accommodation  and  the  owner resides in such housing
 accommodation or (4) solely with respect to age and familial  status  to
 the  restriction  of the sale, rental or lease of housing accommodations
 exclusively to persons sixty-two years of age or older and the spouse of
 any such person, or for housing intended and operated for  occupancy  by
 at least one person fifty-five years of age or older per unit. In deter-
 mining whether housing is intended and operated for occupancy by persons
 fifty-five  years  of age or older, Sec. 807(b) (2) (c) (42 U.S.C.  3607
 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,  shall
 apply.  However, such rental property shall no longer be exempt from the
 provisions of subparagraphs one and two of this paragraph  if  there  is
 unlawful  discriminatory  conduct pursuant to subparagraph three of this
 paragraph.
   (ii) The provisions of subparagraphs one, two, and three of this para-
 graph shall not apply (1) to the restriction of the rental of all  rooms
 in  a  housing  accommodation to individuals of the same sex, (2) to the
 rental of a room or rooms in a housing accommodation, if such rental  is
 by  the  occupant  of  the  housing accommodation or by the owner of the
 housing accommodation and the owner resides  in  such  housing  accommo-
 dation,  or  (3)  solely  with respect to age and familial status to the
 restriction of the sale,  rental  or  lease  of  housing  accommodations
 exclusively to persons sixty-two years of age or older and the spouse of
 any  such  person, or for housing intended and operated for occupancy by
 at least one person fifty-five years of age or older per unit. In deter-
 mining whether housing is intended and operated for occupancy by persons
 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.    3607
 (b)  (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
 apply.
   (b) It shall be an unlawful discriminatory  practice  for  the  owner,
 lessee,  sub-lessee,  or  managing  agent of, or other person having the
 right of ownership or possession of or the right to sell, rent or lease,
 land or commercial space:
   (1) To refuse to sell, rent, lease or otherwise deny  to  or  withhold
 from  any person or group of persons land or commercial space because of
 the race, creed, color,  national  origin,  sexual  orientation,  gender
 identity  or  expression, military status, sex, age, disability, marital
 status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or familial  status  of
 such  person  or persons, or to represent that any housing accommodation
 or land is not available for inspection, sale, rental or lease  when  in
 fact it is so available;
   (2)  To discriminate against any person because of race, creed, color,
 national origin, sexual  orientation,  gender  identity  or  expression,
 military  status,  sex,  age,  disability,  marital  status, STATUS AS A
 VICTIM OF DOMESTIC VIOLENCE, or familial status in the terms, conditions
 or privileges of the sale, rental or lease of any such land  or  commer-
 S. 8006--A                         67                         A. 9006--A
 
 cial space; or in the furnishing of facilities or services in connection
 therewith;
   (3)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for the purchase, rental or lease of such land or commercial space
 or to make any record or inquiry  in  connection  with  the  prospective
 purchase,  rental  or  lease  of  such  land  or  commercial space which
 expresses, directly or  indirectly,  any  limitation,  specification  or
 discrimination  as to race, creed, color, national origin, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  marital  status,  STATUS  AS  A VICTIM OF DOMESTIC VIOLENCE, or
 familial status; or any intent to make any such  limitation,  specifica-
 tion or discrimination.
   (4)  With  respect  to age and familial status, the provisions of this
 paragraph shall not apply to the restriction  of  the  sale,  rental  or
 lease  of  land  or  commercial  space exclusively to persons fifty-five
 years of age or older and the spouse of  any  such  person,  or  to  the
 restriction  of  the  sale,  rental  or lease of land to be used for the
 construction, or location  of  housing  accommodations  exclusively  for
 persons  sixty-two  years  of age or older, or intended and operated for
 occupancy by at least one person fifty-five years of age  or  older  per
 unit.  In determining whether housing is intended and operated for occu-
 pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
 (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
 amended, shall apply.
   (c) It shall be an  unlawful  discriminatory  practice  for  any  real
 estate broker, real estate salesperson or employee or agent thereof:
   (1)  To  refuse to sell, rent or lease any housing accommodation, land
 or commercial space to any person or group of persons or  to  refuse  to
 negotiate  for  the sale, rental or lease, of any housing accommodation,
 land or commercial space to any person or group of  persons  because  of
 the  race,  creed,  color,  national  origin, sexual orientation, gender
 identity or expression, military status, sex, age,  disability,  marital
 status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, lawful source of income
 or  familial  status of such person or persons, or to represent that any
 housing accommodation, land or commercial space  is  not  available  for
 inspection,  sale,  rental  or lease when in fact it is so available, or
 otherwise to deny or withhold any housing accommodation, land or commer-
 cial space or any facilities  of  any  housing  accommodation,  land  or
 commercial  space  from  any  person  or group of persons because of the
 race, creed, color, national origin, sexual orientation, gender identity
 or expression, military status, sex, age,  disability,  marital  status,
 lawful source of income or familial status of such person or persons.
   (2)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for  the  purchase,  rental or lease of any housing accommodation,
 land or commercial space or to make any record or inquiry in  connection
 with  the  prospective purchase, rental or lease of any housing accommo-
 dation, land or commercial space which expresses, directly or  indirect-
 ly,  any limitation, specification, or discrimination as to race, creed,
 color,  national  origin,  sexual  orientation,   gender   identity   or
 expression,  military  status,  sex,  age,  disability,  marital status,
 STATUS AS A VICTIM OF DOMESTIC VIOLENCE,  lawful  source  of  income  or
 familial  status;  or any intent to make any such limitation, specifica-
 tion or discrimination.
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   (3) With respect to age and familial status, the  provisions  of  this
 paragraph  shall  not  apply  to  the restriction of the sale, rental or
 lease of any housing accommodation, land or commercial space exclusively
 to persons fifty-five years of age or older and the spouse of  any  such
 person,  or to the restriction of the sale, rental or lease of any hous-
 ing accommodation or land to be used for the construction or location of
 housing accommodations for persons sixty-two years of age or  older,  or
 intended  and  operated  for occupancy by at least one person fifty-five
 years of age or older  per  unit.  In  determining  whether  housing  is
 intended  and  operated for occupancy by persons fifty-five years of age
 or older, Sec. 807 (b) (2) (c) (42 U.S.C.  3607  (b)  (2)  (c))  of  the
 federal Fair Housing Act of 1988, as amended, shall apply.
   (d)  It  shall  be  an  unlawful  discriminatory practice for any real
 estate board, because of the race, creed, color, national origin, sexual
 orientation, gender identity or expression, military status,  age,  sex,
 disability,  marital  status,  STATUS  AS A VICTIM OF DOMESTIC VIOLENCE,
 lawful source of income or familial status  of  any  individual  who  is
 otherwise  qualified for membership, to exclude or expel such individual
 from membership, or to  discriminate  against  such  individual  in  the
 terms, conditions and privileges of membership in such board.
   (e)  It  shall  be  an unlawful discriminatory practice for the owner,
 proprietor or managing agent of, or other person  having  the  right  to
 provide care and services in, a private proprietary nursing home, conva-
 lescent  home,  or home for adults, or an intermediate care facility, as
 defined  in  section  two  of  the  social  services   law,   heretofore
 constructed,  or to be constructed, or any agent or employee thereof, to
 refuse to provide services and care in such  home  or  facility  to  any
 individual  or  to  discriminate  against  any  individual in the terms,
 conditions, and privileges of such services and care solely because such
 individual is a blind person. For purposes of this paragraph,  a  "blind
 person" shall mean a person who is registered as a blind person with the
 commission  for the visually handicapped and who meets the definition of
 a "blind person" pursuant to  section  three  of  chapter  four  hundred
 fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
 establish a state commission for improving the condition of the blind of
 the state of New York, and making an appropriation therefor".
   (f) The provisions of this subdivision, as they relate to  age,  shall
 not apply to persons under the age of eighteen years.
   (g)  It  shall  be  an unlawful discriminatory practice for any person
 offering or providing housing accommodations, land or  commercial  space
 as described in paragraphs (a), (b), and (c) of this subdivision to make
 or  cause  to  be  made any written or oral inquiry or record concerning
 membership of any person in the state organized militia in  relation  to
 the  purchase,  rental  or lease of such housing accommodation, land, or
 commercial space, provided, however, that nothing  in  this  subdivision
 shall  prohibit a member of the state organized militia from voluntarily
 disclosing such membership.
   § 7. Paragraph (a) of subdivision 9 of section 296  of  the  executive
 law,  as amended by chapter 8 of the laws of 2019, is amended to read as
 follows:
   (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
 department or fire company therein, through any member or members there-
 of, officers, board of fire commissioners or other body or office having
 power  of appointment of volunteer firefighters, directly or indirectly,
 by ritualistic practice, constitutional or by-law prescription, by tacit
 agreement among its members, or otherwise, to  deny  to  any  individual
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 membership  in any volunteer fire department or fire company therein, or
 to expel or discriminate against any volunteer member of a fire  depart-
 ment  or  fire  company  therein,  because  of  the  race, creed, color,
 national  origin,  sexual  orientation,  gender  identity or expression,
 military status, sex, marital status, STATUS AS  A  VICTIM  OF  DOMESTIC
 VIOLENCE, or familial status, of such individual.
   § 8. Subdivision 13 of section 296 of the executive law, as amended by
 chapter 8 of the laws of 2019, is amended to read as follows:
   13. It shall be an unlawful discriminatory practice (i) for any person
 to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
 with, or otherwise discriminate against any person, because of the race,
 creed, color, national origin, sexual orientation,  gender  identity  or
 expression,  military  status,  sex,  STATUS  AS  A  VICTIM  OF DOMESTIC
 VIOLENCE, disability, or familial status, or of such person, or of  such
 person's partners, members, stockholders, directors, officers, managers,
 superintendents,  agents,  employees,  business associates, suppliers or
 customers, or (ii) for any person wilfully to do any act or refrain from
 doing any act which enables any such person to take  such  action.  This
 subdivision shall not apply to:
   (a) Boycotts connected with labor disputes; or
   (b) Boycotts to protest unlawful discriminatory practices.
   § 9. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as
 amended  by  chapter  8  of  the  laws  of  2019, are amended to read as
 follows:
   1. It shall be an unlawful discriminatory practice for any creditor or
 any officer, agent or employee thereof:
   a. In the  case  of  applications  for  credit  with  respect  to  the
 purchase,  acquisition,  construction, rehabilitation, repair or mainte-
 nance of any housing accommodation, land or commercial space to discrim-
 inate against any such applicant because  of  the  race,  creed,  color,
 national  origin,  sexual  orientation,  gender  identity or expression,
 military status, age, sex, marital status, STATUS AS A VICTIM OF  DOMES-
 TIC VIOLENCE, disability, or familial status of such applicant or appli-
 cants  or any member, stockholder, director, officer or employee of such
 applicant or applicants, or of the prospective occupants or  tenants  of
 such  housing  accommodation, land or commercial space, in the granting,
 withholding, extending or renewing, or in the fixing of the rates, terms
 or conditions of, any such credit;
   b. To discriminate in the granting, withholding, extending  or  renew-
 ing,  or in the fixing of the rates, terms or conditions of, any form of
 credit, on the basis of race,  creed,  color,  national  origin,  sexual
 orientation,  gender  identity or expression, military status, age, sex,
 marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, disability,  or
 familial status;
   c. To use any form of application for credit or use or make any record
 or  inquiry  which  expresses,  directly  or indirectly, any limitation,
 specification, or discrimination as  to  race,  creed,  color,  national
 origin,  sexual  orientation,  gender  identity  or expression, military
 status, age, sex,  marital  status,  STATUS  AS  A  VICTIM  OF  DOMESTIC
 VIOLENCE, disability, or familial status;
   d.  To make any inquiry of an applicant concerning his or her capacity
 to reproduce, or his or her use or advocacy of any form of birth control
 or family planning;
   e. To refuse to consider  sources  of  an  applicant's  income  or  to
 subject  an  applicant's  income  to  discounting,  in whole or in part,
 because of an applicant's race, creed, color,  national  origin,  sexual
 S. 8006--A                         70                         A. 9006--A
 
 orientation,  gender  identity or expression, military status, age, sex,
 marital status, STATUS AS A VICTIM OF  DOMESTIC  VIOLENCE,  childbearing
 potential, disability, or familial status;
   f.  To  discriminate  against  a  married  person  because such person
 neither uses nor is known by the surname of his or her spouse.
   This paragraph shall not apply to any situation where  the  use  of  a
 surname would constitute or result in a criminal act.
   2. Without limiting the generality of subdivision one of this section,
 it  shall  be considered discriminatory if, because of an applicant's or
 class of applicants' race, creed, color, national origin, sexual  orien-
 tation,  gender identity or expression, military status, age, sex, mari-
 tal status [or] , STATUS AS A VICTIM OF DOMESTIC  VIOLENCE,  disability,
 or  familial  status,  (i) an applicant or class of applicants is denied
 credit in circumstances where other applicants of  like  overall  credit
 worthiness  are  granted  credit, or (ii) special requirements or condi-
 tions, such as requiring co-obligors or reapplication upon marriage, are
 imposed upon an applicant or class of applicants in circumstances  where
 similar requirements or conditions are not imposed upon other applicants
 of like overall credit worthiness.
   3.  It  shall  not  be  considered  discriminatory if credit differen-
 tiations or decisions are based upon  factually  supportable,  objective
 differences  in applicants' overall credit worthiness, which may include
 reference to such factors as current income,  assets  and  prior  credit
 history  of  such applicants, as well as reference to any other relevant
 factually supportable data; provided, however, that  no  creditor  shall
 consider, in evaluating the credit worthiness of an applicant, aggregate
 statistics  or  assumptions  relating  to  race,  creed, color, national
 origin, sexual orientation,  gender  identity  or  expression,  military
 status,  sex, marital status, STATUS AS A VICTIM OF DOMESTIC VIOLENCE or
 disability, or to the likelihood of any  group  of  persons  bearing  or
 rearing children, or for that reason receiving diminished or interrupted
 income in the future.
   § 10. Subdivision 2 of section 296-c of the executive law, as added by
 chapter 97 of the laws of 2014, is amended to read as follows:
   2. It shall be an unlawful discriminatory practice for an employer to:
   a.  refuse to hire or employ or to bar or to discharge from internship
 an intern or to discriminate against such intern in terms, conditions or
 privileges of employment as an intern because of the intern's age, race,
 creed, color, national origin, sexual orientation, military status, sex,
 disability, predisposing genetic  characteristics,  marital  status,  or
 STATUS AS A VICTIM OF domestic violence [victim status];
   b. discriminate against an intern in receiving, classifying, disposing
 or  otherwise  acting  upon  applications for internships because of the
 intern's age, race, creed, color, national origin,  sexual  orientation,
 military  status, sex, disability, predisposing genetic characteristics,
 marital status, or STATUS AS  A  VICTIM  OF  domestic  violence  [victim
 status];
   c.  print or circulate or cause to be printed or circulated any state-
 ment, advertisement or publication, or to use any  form  of  application
 for  employment  as  an intern or to make any inquiry in connection with
 prospective employment, which  expresses  directly  or  indirectly,  any
 limitation,  specification  or  discrimination  as  to age, race, creed,
 color, national origin, sexual orientation, military status, sex,  disa-
 bility,  predisposing  genetic characteristics, marital status or STATUS
 AS A VICTIM OF domestic violence [victim status], or any intent to  make
 any  such limitation, specification or discrimination, unless based upon
 S. 8006--A                         71                         A. 9006--A
 
 a bona fide occupational qualification; provided, however, that  neither
 this  paragraph  nor any provision of this chapter or other law shall be
 construed to prohibit the department of civil service or the  department
 of personnel of any city containing more than one county from requesting
 information  from  applicants  for civil service internships or examina-
 tions concerning any of the aforementioned characteristics,  other  than
 sexual  orientation,  for  the purpose of conducting studies to identify
 and resolve possible problems in recruitment and testing of  members  of
 minority  groups  to insure the fairest possible and equal opportunities
 for employment in the civil service for all persons, regardless of  age,
 race,  creed,  color,  national  origin,  sexual  orientation,  military
 status, sex, disability, predisposing genetic  characteristics,  marital
 status or STATUS AS A VICTIM OF domestic violence [victim status];
   d.  to  discharge,  expel or otherwise discriminate against any person
 because he or she has opposed any practices forbidden under this article
 or because he or she has filed a complaint, testified or assisted in any
 proceeding under this article; or
   e. to compel an intern who is pregnant to take  a  leave  of  absence,
 unless  the  intern  is  prevented by such pregnancy from performing the
 activities involved in the job or occupation in a reasonable manner.
   § 11. Paragraph b of subdivision 3 of section 296-c of  the  executive
 law,  as  added by chapter 97 of the laws of 2014, is amended to read as
 follows:
   b. subject an intern to unwelcome harassment based on age, sex,  race,
 creed,  color,  sexual orientation, military status, disability, predis-
 posing genetic characteristics, marital status, STATUS AS  A  VICTIM  OF
 domestic  violence  [victim status], [or] national origin, OR where such
 harassment has the purpose or effect of  unreasonably  interfering  with
 the  intern's  work performance by creating an intimidating, hostile, or
 offensive working environment.
   § 12. This act shall take effect immediately.
 
                                  PART Y
 
   Section 1. Subdivision 37 of section 292  of  the  executive  law,  as
 added  by  chapter 160 of the laws of 2019, is renumbered subdivision 40
 and a new subdivision 41 is added to read as follows:
   41. THE TERM "CITIZENSHIP OR IMMIGRATION STATUS" MEANS THE CITIZENSHIP
 OF ANY PERSON OR THE IMMIGRATION STATUS OF ANY PERSON WHO IS NOT A CITI-
 ZEN OF THE UNITED STATES. NOTHING IN THIS ARTICLE SHALL PRECLUDE VERIFI-
 CATION OF CITIZENSHIP OR IMMIGRATION STATUS WHERE REQUIRED BY  LAW,  NOR
 SHALL  AN  ADVERSE  ACTION BASED ON VERIFICATION OF CITIZENSHIP OR IMMI-
 GRATION STATUS BE PROHIBITED WHERE SUCH ADVERSE ACTION  IS  REQUIRED  BY
 LAW.
   §  2. Subdivision 1 of section 296 of the executive law, as amended by
 chapter 365 of the laws of 2015, paragraph (a) as separately amended  by
 chapters 8 and 176 of the laws of 2019, paragraphs (b), (c) and  (d)  as
 amended by chapter 8 of the laws of 2019 and paragraph (h) as amended by
 chapter 161 of the laws of 2019, is amended to read as follows:
   1. It shall be an unlawful discriminatory practice:
   (a)  For  an  employer or licensing agency, because of an individual's
 age, race, creed, color, national  origin,  CITIZENSHIP  OR  IMMIGRATION
 STATUS,  sexual  orientation,  gender  identity  or expression, military
 status, sex, disability, predisposing genetic characteristics,  familial
 status,  marital  status, or status as a victim of domestic violence, to
 refuse to hire or employ or to bar or to discharge from employment  such
 S. 8006--A                         72                         A. 9006--A
 
 individual or to discriminate against such individual in compensation or
 in terms, conditions or privileges of employment.
   (b)  For  an  employment agency to discriminate against any individual
 because of age, race, creed,  color,  national  origin,  CITIZENSHIP  OR
 IMMIGRATION  STATUS,  sexual orientation, gender identity or expression,
 military status, sex, disability, predisposing genetic  characteristics,
 familial status, or marital status, in receiving, classifying, disposing
 or  otherwise  acting upon applications for its services or in referring
 an applicant or applicants to an employer or employers.
   (c) For a labor organization, because of the age, race, creed,  color,
 national  origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity or expression, military status, sex, disability, predis-
 posing genetic characteristics, familial status, or  marital  status  of
 any individual, to exclude or to expel from its membership such individ-
 ual  or to discriminate in any way against any of its members or against
 any employer or any individual employed by an employer.
   (d) For any employer or employment agency to  print  or  circulate  or
 cause to be printed or circulated any statement, advertisement or publi-
 cation,  or to use any form of application for employment or to make any
 inquiry in  connection  with  prospective  employment,  which  expresses
 directly  or indirectly, any limitation, specification or discrimination
 as to age, race, creed, color, national  origin,  CITIZENSHIP  OR  IMMI-
 GRATION STATUS, sexual orientation, gender identity or expression, mili-
 tary  status,  sex,  disability,  predisposing  genetic characteristics,
 familial status, or marital status, or any intent to make any such limi-
 tation, specification or discrimination, unless based upon a  bona  fide
 occupational  qualification;  provided, however, that neither this para-
 graph nor any provision of this chapter or other law shall be  construed
 to prohibit the department of civil service or the department of person-
 nel of any city containing more than one county from requesting informa-
 tion  from  applicants  for civil service examinations concerning any of
 the aforementioned characteristics, other than sexual  orientation,  for
 the purpose of conducting studies to identify and resolve possible prob-
 lems  in recruitment and testing of members of minority groups to insure
 the fairest possible and equal opportunities for employment in the civil
 service for all persons, regardless of age, race, creed, color, national
 origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation or  gender
 identity  or  expression, military status, sex, disability, predisposing
 genetic characteristics, familial status, or marital status.
   (e) For any employer,  labor  organization  or  employment  agency  to
 discharge, expel or otherwise discriminate against any person because he
 or she has opposed any practices forbidden under this article or because
 he or she has filed a complaint, testified or assisted in any proceeding
 under this article.
   (f) Nothing in this subdivision shall affect any restrictions upon the
 activities  of  persons  licensed  by  the  state  liquor authority with
 respect to persons under twenty-one years of age.
   (g) For an employer to compel an employee who is pregnant  to  take  a
 leave  of  absence,  unless  the employee is prevented by such pregnancy
 from performing the activities involved in the job or  occupation  in  a
 reasonable manner.
   (h)  For  an  employer,  licensing  agency, employment agency or labor
 organization to subject any individual to harassment because of an indi-
 vidual's age, race, creed, color, national origin, CITIZENSHIP OR  IMMI-
 GRATION STATUS, sexual orientation, gender identity or expression, mili-
 tary  status,  sex,  disability,  predisposing  genetic characteristics,
 S. 8006--A                         73                         A. 9006--A
 
 familial status, marital status, domestic  violence  victim  status,  or
 because  the  individual  has opposed any practices forbidden under this
 article or because the individual has filed a  complaint,  testified  or
 assisted  in  any  proceeding  under this article, regardless of whether
 such harassment would be considered severe or pervasive under  precedent
 applied to harassment claims. Such harassment is an unlawful discrimina-
 tory  practice  when it subjects an individual to inferior terms, condi-
 tions or privileges of employment because of the individual's membership
 in one or more of these protected categories. The fact that  such  indi-
 vidual  did  not make a complaint about the harassment to such employer,
 licensing agency, employment agency or labor organization shall  not  be
 determinative  of  whether  such  employer, licensing agency, employment
 agency or labor organization shall be liable. Nothing  in  this  section
 shall  imply that an employee must demonstrate the existence of an indi-
 vidual to whom the employee's treatment must be compared. It shall be an
 affirmative defense to liability under this subdivision that the harass-
 ing conduct does not rise above the level of what a reasonable victim of
 discrimination with the same protected characteristic or characteristics
 would consider petty slights or trivial inconveniences.
   § 3. Subdivision 1-a of section 296 of the executive law,  as  amended
 by  chapter  365  of  the  laws  of 2015, paragraphs (b), (c) and (d) as
 amended by chapter 8 of the laws of 2019, is amended to read as follows:
   1-a. It shall be an unlawful discriminatory practice for an  employer,
 labor  organization,  employment  agency  or  any joint labor-management
 committee controlling apprentice training programs:
   (a) To select persons for an apprentice  training  program  registered
 with the state of New York on any basis other than their qualifications,
 as determined by objective criteria which permit review;
   (b)  To  deny  to  or withhold from any person because of race, creed,
 color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  familial status, or marital status, the right to be admitted to
 or  participate  in  a  guidance  program,  an  apprenticeship  training
 program,  on-the-job  training  program,  executive training program, or
 other occupational training or retraining program;
   (c) To discriminate against any person in his or her pursuit  of  such
 programs  or  to discriminate against such a person in the terms, condi-
 tions or privileges of such programs  because  of  race,  creed,  color,
 national  origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity or expression, military status,  sex,  age,  disability,
 familial status or marital status;
   (d)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for  such  programs or to make any inquiry in connection with such
 program which expresses, directly or indirectly, any  limitation,  spec-
 ification  or  discrimination as to race, creed, color, national origin,
 CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,  gender  identity
 or expression, military status, sex, age, disability, familial status or
 marital status, or any intention to make any such limitation, specifica-
 tion  or discrimination, unless based on a bona fide occupational quali-
 fication.
   § 4. Paragraph (a) of subdivision 2 of section 296  of  the  executive
 law,  as amended by chapter 8 of the laws of 2019, is amended to read as
 follows:
   (a) It shall be an unlawful discriminatory practice  for  any  person,
 being  the  owner, lessee, proprietor, manager, superintendent, agent or
 S. 8006--A                         74                         A. 9006--A
 
 employee of any place of  public  accommodation,  resort  or  amusement,
 because of the race, creed, color, national origin, CITIZENSHIP OR IMMI-
 GRATION STATUS, sexual orientation, gender identity or expression, mili-
 tary  status,  sex, disability or marital status of any person, directly
 or indirectly, to refuse, withhold from or deny to such  person  any  of
 the   accommodations,  advantages,  facilities  or  privileges  thereof,
 including the extension  of  credit,  or,  directly  or  indirectly,  to
 publish,  circulate, issue, display, post or mail any written or printed
 communication, notice or advertisement, to the effect that  any  of  the
 accommodations,  advantages, facilities and privileges of any such place
 shall be refused, withheld from or denied to any person  on  account  of
 race,  creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS,
 sexual orientation, gender identity or expression, military status, sex,
 disability or marital status, or that the patronage or custom thereat of
 any person of or purporting to be of any particular race, creed,  color,
 national  origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity or expression, military status, sex or  marital  status,
 or  having  a  disability is unwelcome, objectionable or not acceptable,
 desired or solicited.
   § 5. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
 296  of  the executive law, as amended by section 3 of part T of chapter
 56 of the laws of 2019, are amended to read as follows:
   (a) To refuse to sell, rent or lease or otherwise to deny to or  with-
 hold  from  any  person  or group of persons such housing accommodations
 because of the race, creed, color, disability, national origin, CITIZEN-
 SHIP OR IMMIGRATION  STATUS,  sexual  orientation,  gender  identity  or
 expression,  military status, age, sex, marital status, lawful source of
 income or familial status of such person or  persons,  or  to  represent
 that  any housing accommodation or land is not available for inspection,
 sale, rental or lease when in fact it is so available.
   (b) To discriminate against any person because of  his  or  her  race,
 creed,  color,  disability,  national origin, CITIZENSHIP OR IMMIGRATION
 STATUS, sexual orientation,  gender  identity  or  expression,  military
 status,  age,  sex,  marital status, lawful source of income or familial
 status in the terms, conditions or privileges of  any  publicly-assisted
 housing accommodations or in the furnishing of facilities or services in
 connection therewith.
   (c) To cause to be made any written or oral inquiry or record concern-
 ing  the race, creed, color, disability, national origin, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, gender identity  or  expression,
 membership  in  the  reserve armed forces of the United States or in the
 organized militia of the state, age, sex, marital status, lawful  source
 of  income  or  familial status of a person seeking to rent or lease any
 publicly-assisted housing accommodation; provided, however, that nothing
 in this subdivision shall prohibit a member of the reserve armed  forces
 of  the  United  States  or  in  the organized militia of the state from
 voluntarily disclosing such membership.
   (c-1) To print or circulate or cause to be printed or  circulated  any
 statement,  advertisement or publication, or to use any form of applica-
 tion for the purchase, rental or lease of such housing accommodation  or
 to  make  any  record  or  inquiry  in  connection  with the prospective
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses,  directly  or  indirectly,  any  limitation, specification or
 discrimination as to race, creed, color, national origin, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, gender identity  or  expression,
 military  status, sex, age, disability, marital status, lawful source of
 S. 8006--A                         75                         A. 9006--A
 
 income or familial status, or any intent to make  any  such  limitation,
 specification or discrimination.
   §  6.  Paragraph (c) of subdivision 3  of section 296 of the executive
 law, as added by chapter 369 of the laws of 2015,  is  relettered  para-
 graph (d).
   §  7.  Subdivisions  3-b  and  4  of section 296 of the executive law,
 subdivision 3-b as amended by chapter 8 of the laws of 2019 and subdivi-
 sion 4 as separately amended by chapters 8 and 116 of the laws of  2019,
 are amended to read as follows:
   3-b.  It  shall  be  an  unlawful discriminatory practice for any real
 estate broker, real estate salesperson or employee or agent  thereof  or
 any  other  individual, corporation, partnership or organization for the
 purpose of inducing a real estate transaction from which any such person
 or any of its stockholders or members may benefit financially, to repre-
 sent that a change has occurred or will or may occur in the  composition
 with  respect  to  race,  creed,  color, national origin, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, gender identity  or  expression,
 military  status, sex, disability, marital status, or familial status of
 the owners or occupants in the block, neighborhood or area in which  the
 real property is located, and to represent, directly or indirectly, that
 this change will or may result in undesirable consequences in the block,
 neighborhood  or  area  in which the real property is located, including
 but not limited to the lowering of property values, an increase in crim-
 inal or anti-social behavior, or a decline in the quality of schools  or
 other facilities.
   4.  It shall be an unlawful discriminatory practice for an educational
 institution to deny the use of its facilities to  any  person  otherwise
 qualified,  or  to permit the harassment of any student or applicant, by
 reason of his race, color, religion, disability, national origin,  CITI-
 ZENSHIP  OR  IMMIGRATION  STATUS, sexual orientation, gender identity or
 expression, military status, sex, age or marital status, except that any
 such institution which establishes or maintains a  policy  of  educating
 persons of one sex exclusively may admit students of only one sex.
   §  8. Subdivision 5 of section 296 of the executive law, as amended by
 chapter 8 of the laws of 2019, paragraph (a) as amended by  chapter  300
 of  the laws of 2021,  subparagraphs 1 and 2 of paragraph (c) as amended
 by section 5, and paragraph (d) as amended by section 6 of part    T  of
 chapter 56 of the laws of 2019, is amended to read as follows:
   5.  (a) It shall be an unlawful discriminatory practice for the owner,
 lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
 having  the  right  to  sell,  rent  or  lease  a housing accommodation,
 constructed or to be constructed, or any agent or employee thereof:
   (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
 from any person or group of persons such a housing accommodation because
 of the race, creed, color, national origin, CITIZENSHIP  OR  IMMIGRATION
 STATUS,  sexual  orientation,  gender  identity  or expression, military
 status, sex, age, disability, marital status, lawful source of income or
 familial status of such person or persons,  or  to  represent  that  any
 housing  accommodation  or  land  is not available for inspection, sale,
 rental or lease when in fact it is so available.
   (2) To discriminate against any person because of race, creed,  color,
 national  origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity or expression, military status,  sex,  age,  disability,
 marital status, lawful source of income or familial status in the terms,
 conditions  or privileges of the sale, rental or lease of any such hous-
 S. 8006--A                         76                         A. 9006--A
 
 ing accommodation or in the furnishing  of  facilities  or  services  in
 connection therewith.
   (3)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for the purchase, rental or lease of such housing accommodation or
 to make any  record  or  inquiry  in  connection  with  the  prospective
 purchase,  rental  or  lease  of  such  a  housing  accommodation  which
 expresses, directly or  indirectly,  any  limitation,  specification  or
 discrimination as to race, creed, color, national origin, CITIZENSHIP OR
 IMMIGRATION  STATUS,  sexual orientation, gender identity or expression,
 military status, sex, age, disability, marital status, lawful source  of
 income  or  familial  status, or any intent to make any such limitation,
 specification or discrimination.
   (4) (i) The provisions of subparagraphs one and two of this  paragraph
 shall not apply (1) to the rental of a housing accommodation in a build-
 ing which contains housing accommodations for not more than two families
 living  independently of each other, if the owner resides in one of such
 housing accommodations, (2) to the restriction  of  the  rental  of  all
 rooms  in  a housing accommodation to individuals of the same sex or (3)
 to the rental of a room or rooms in a  housing  accommodation,  if  such
 rental  is  by the occupant of the housing accommodation or by the owner
 of the housing accommodation and  the  owner  resides  in  such  housing
 accommodation  or  (4) solely with respect to age and familial status to
 the restriction of the sale, rental or lease of  housing  accommodations
 exclusively to persons sixty-two years of age or older and the spouse of
 any  such  person, or for housing intended and operated for occupancy by
 at least one person fifty-five years of age or older per unit. In deter-
 mining whether housing is intended and operated for occupancy by persons
 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.    3607
 (b)  (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
 apply. However, such rental property shall no longer be exempt from  the
 provisions  of  subparagraphs  one and two of this paragraph if there is
 unlawful discriminatory conduct pursuant to subparagraph three  of  this
 paragraph.
   (ii) The provisions of subparagraphs one, two, and three of this para-
 graph  shall not apply (1) to the restriction of the rental of all rooms
 in a housing accommodation to individuals of the same sex,  (2)  to  the
 rental  of a room or rooms in a housing accommodation, if such rental is
 by the occupant of the housing accommodation or  by  the  owner  of  the
 housing  accommodation  and  the  owner resides in such housing accommo-
 dation, or (3) solely with respect to age and  familial  status  to  the
 restriction  of  the  sale,  rental  or  lease of housing accommodations
 exclusively to persons sixty-two years of age or older and the spouse of
 any such person, or for housing intended and operated for  occupancy  by
 at least one person fifty-five years of age or older per unit. In deter-
 mining whether housing is intended and operated for occupancy by persons
 fifty-five  years  of age or older, Sec. 807(b) (2) (c) (42 U.S.C.  3607
 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,  shall
 apply.
   (b)  It  shall  be  an unlawful discriminatory practice for the owner,
 lessee, sub-lessee, or managing agent of, or  other  person  having  the
 right of ownership or possession of or the right to sell, rent or lease,
 land or commercial space:
   (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
 from any person or group of persons land or commercial space because  of
 the  race,  creed,  color,  national  origin, CITIZENSHIP OR IMMIGRATION
 S. 8006--A                         77                         A. 9006--A

 STATUS, sexual orientation,  gender  identity  or  expression,  military
 status, sex, age, disability, marital status, or familial status of such
 person  or  persons,  or  to represent that any housing accommodation or
 land is not available for inspection, sale, rental or lease when in fact
 it is so available;
   (2)  To discriminate against any person because of race, creed, color,
 national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual  orientation,
 gender  identity  or  expression, military status, sex, age, disability,
 marital status, or familial status in the terms,  conditions  or  privi-
 leges of the sale, rental or lease of any such land or commercial space;
 or in the furnishing of facilities or services in connection therewith;
   (3)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for the purchase, rental or lease of such land or commercial space
 or to make any record or inquiry  in  connection  with  the  prospective
 purchase,  rental  or  lease  of  such  land  or  commercial space which
 expresses, directly or  indirectly,  any  limitation,  specification  or
 discrimination as to race, creed, color, national origin, CITIZENSHIP OR
 IMMIGRATION  STATUS,  sexual orientation, gender identity or expression,
 military status, sex,  age,  disability,  marital  status,  or  familial
 status;  or  any  intent  to  make any such limitation, specification or
 discrimination.
   (4) With respect to age and familial status, the  provisions  of  this
 paragraph  shall  not  apply  to  the restriction of the sale, rental or
 lease of land or commercial  space  exclusively  to  persons  fifty-five
 years  of  age  or  older  and  the spouse of any such person, or to the
 restriction of the sale, rental or lease of land  to  be  used  for  the
 construction,  or  location  of  housing  accommodations exclusively for
 persons sixty-two years of age or older, or intended  and  operated  for
 occupancy  by  at  least one person fifty-five years of age or older per
 unit. In determining whether housing is intended and operated for  occu-
 pancy  by  persons fifty-five years of age or older, Sec. 807(b) (2) (c)
 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988,  as
 amended, shall apply.
   (c)  It  shall  be  an  unlawful  discriminatory practice for any real
 estate broker, real estate salesperson or employee or agent thereof:
   (1) To refuse to sell, rent or lease any housing  accommodation,  land
 or  commercial  space  to any person or group of persons or to refuse to
 negotiate for the sale, rental or lease, of any  housing  accommodation,
 land  or  commercial  space to any person or group of persons because of
 the race, creed, color,  national  origin,  CITIZENSHIP  OR  IMMIGRATION
 STATUS,  sexual  orientation,  gender  identity  or expression, military
 status, sex, age, disability, marital status, lawful source of income or
 familial status of such person or persons,  or  to  represent  that  any
 housing  accommodation,  land  or  commercial space is not available for
 inspection, sale, rental or lease when in fact it is  so  available,  or
 otherwise to deny or withhold any housing accommodation, land or commer-
 cial  space  or  any  facilities  of  any housing accommodation, land or
 commercial space from any person or group  of  persons  because  of  the
 race,  creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS,
 sexual orientation, gender identity or expression, military status, sex,
 age, disability, marital status, lawful source  of  income  or  familial
 status of such person or persons.
   (2)  To  print  or  circulate or cause to be printed or circulated any
 statement, advertisement or publication, or to use any form of  applica-
 tion  for  the  purchase,  rental or lease of any housing accommodation,
 S. 8006--A                         78                         A. 9006--A
 
 land or commercial space or to make any record or inquiry in  connection
 with  the  prospective purchase, rental or lease of any housing accommo-
 dation, land or commercial space which expresses, directly or  indirect-
 ly,  any limitation, specification, or discrimination as to race, creed,
 color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
 tation, gender identity or expression, military status, sex, age,  disa-
 bility,  marital  status, lawful source of income or familial status; or
 any intent to make any such limitation, specification or discrimination.
   (3) With respect to age and familial status, the  provisions  of  this
 paragraph  shall  not  apply  to  the restriction of the sale, rental or
 lease of any housing accommodation, land or commercial space exclusively
 to persons fifty-five years of age or older and the spouse of  any  such
 person,  or to the restriction of the sale, rental or lease of any hous-
 ing accommodation or land to be used for the construction or location of
 housing accommodations for persons sixty-two years of age or  older,  or
 intended  and  operated  for occupancy by at least one person fifty-five
 years of age or older  per  unit.  In  determining  whether  housing  is
 intended  and  operated for occupancy by persons fifty-five years of age
 or older, Sec. 807 (b) (2) (c) (42 U.S.C.  3607  (b)  (2)  (c))  of  the
 federal Fair Housing Act of 1988, as amended, shall apply.
   (d)  It  shall  be  an  unlawful  discriminatory practice for any real
 estate board, because of the race, creed, color, national origin,  CITI-
 ZENSHIP  OR  IMMIGRATION  STATUS, sexual orientation, gender identity or
 expression, military  status,  age,  sex,  disability,  marital  status,
 lawful  source  of  income  or  familial status of any individual who is
 otherwise qualified for membership, to exclude or expel such  individual
 from  membership,  or  to  discriminate  against  such individual in the
 terms, conditions and privileges of membership in such board.
   (e) It shall be an unlawful discriminatory  practice  for  the  owner,
 proprietor  or  managing  agent  of, or other person having the right to
 provide care and services in, a private proprietary nursing home, conva-
 lescent home, or home for adults, or an intermediate care  facility,  as
 defined   in   section  two  of  the  social  services  law,  heretofore
 constructed, or to be constructed, or any agent or employee thereof,  to
 refuse  to  provide  services  and  care in such home or facility to any
 individual or to discriminate  against  any  individual  in  the  terms,
 conditions, and privileges of such services and care solely because such
 individual  is  a blind person. For purposes of this paragraph, a "blind
 person" shall mean a person who is registered as a blind person with the
 commission for the visually handicapped and who meets the definition  of
 a  "blind  person"  pursuant  to  section  three of chapter four hundred
 fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
 establish a state commission for improving the condition of the blind of
 the state of New York, and making an appropriation therefor".
   (f)  The  provisions of this subdivision, as they relate to age, shall
 not apply to persons under the age of eighteen years.
   (g) It shall be an unlawful discriminatory  practice  for  any  person
 offering  or  providing housing accommodations, land or commercial space
 as described in paragraphs (a), (b), and (c) of this subdivision to make
 or cause to be made any written or oral  inquiry  or  record  concerning
 membership  of  any person in the state organized militia in relation to
 the purchase, rental or lease of such housing  accommodation,  land,  or
 commercial  space,  provided,  however, that nothing in this subdivision
 shall prohibit a member of the state organized militia from  voluntarily
 disclosing such membership.
 S. 8006--A                         79                         A. 9006--A
 
   §  9.  Paragraph  (a) of subdivision 9 of section 296 of the executive
 law, as amended by chapter 8 of the laws of 2019, is amended to read  as
 follows:
   (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
 department or fire company therein, through any member or members there-
 of, officers, board of fire commissioners or other body or office having
 power of appointment of volunteer firefighters, directly or  indirectly,
 by ritualistic practice, constitutional or by-law prescription, by tacit
 agreement  among  its  members,  or otherwise, to deny to any individual
 membership in any volunteer fire department or fire company therein,  or
 to  expel or discriminate against any volunteer member of a fire depart-
 ment or fire  company  therein,  because  of  the  race,  creed,  color,
 national  origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orientation,
 gender identity or expression, military status, sex, marital status,  or
 familial status, of such individual.
   §  10.  Subdivision 13 of section 296 of the executive law, as amended
 by chapter 8 of the laws of 2019, is amended to read as follows:
   13. It shall be an unlawful discriminatory practice (i) for any person
 to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
 with, or otherwise discriminate against any person, because of the race,
 creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual
 orientation,  gender identity or expression, military status, sex, disa-
 bility, or familial status, of such person, or of  such  person's  part-
 ners,  members, stockholders, directors, officers, managers, superinten-
 dents, agents, employees, business associates, suppliers  or  customers,
 or  (ii) for any person wilfully to do any act or refrain from doing any
 act which enables any such person to take such action. This  subdivision
 shall not apply to:
   (a) Boycotts connected with labor disputes; or
   (b) Boycotts to protest unlawful discriminatory practices.
   §  11.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
 as amended by chapter 8 of the laws of 2019,  are  amended  to  read  as
 follows:
   1. It shall be an unlawful discriminatory practice for any creditor or
 any officer, agent or employee thereof:
   a.  In  the  case  of  applications  for  credit  with  respect to the
 purchase, acquisition, construction, rehabilitation, repair  or  mainte-
 nance of any housing accommodation, land or commercial space to discrim-
 inate  against  any  such  applicant  because of the race, creed, color,
 national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual  orientation,
 gender  identity  or  expression,  military  status,  age,  sex, marital
 status, disability, or familial status of such applicant  or  applicants
 or any member, stockholder, director, officer or employee of such appli-
 cant  or  applicants, or of the prospective occupants or tenants of such
 housing accommodation, land or commercial space, in the granting,  with-
 holding,  extending or renewing, or in the fixing of the rates, terms or
 conditions of, any such credit;
   b. To discriminate in the granting, withholding, extending  or  renew-
 ing,  or in the fixing of the rates, terms or conditions of, any form of
 credit, on the basis of race, creed, color, national origin, CITIZENSHIP
 OR  IMMIGRATION  STATUS,  sexual   orientation,   gender   identity   or
 expression,  military  status,  age, sex, marital status, disability, or
 familial status;
   c. To use any form of application for credit or use or make any record
 or inquiry which expresses,  directly  or  indirectly,  any  limitation,
 specification,  or  discrimination  as  to  race, creed, color, national
 S. 8006--A                         80                         A. 9006--A
 
 origin, CITIZENSHIP OR IMMIGRATION STATUS,  sexual  orientation,  gender
 identity or expression, military status, age, sex, marital status, disa-
 bility, or familial status;
   d.  To make any inquiry of an applicant concerning his or her capacity
 to reproduce, or his or her use or advocacy of any form of birth control
 or family planning;
   e. To refuse to consider  sources  of  an  applicant's  income  or  to
 subject  an  applicant's  income  to  discounting,  in whole or in part,
 because of an applicant's race, creed, color, national origin,  CITIZEN-
 SHIP  OR  IMMIGRATION  STATUS,  sexual  orientation,  gender identity or
 expression, military status,  age,  sex,  marital  status,  childbearing
 potential, disability, or familial status;
   f.  To  discriminate  against  a  married  person  because such person
 neither uses nor is known by the surname of his or her spouse.
   This paragraph shall not apply to any situation where  the  use  of  a
 surname would constitute or result in a criminal act.
   2. Without limiting the generality of subdivision one of this section,
 it  shall  be considered discriminatory if, because of an applicant's or
 class of applicants' race, creed, color, national origin, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, gender identity  or  expression,
 military  status,  age,  sex,  marital status or disability, or familial
 status, (i) an applicant or class of  applicants  is  denied  credit  in
 circumstances  where  other applicants of like overall credit worthiness
 are granted credit, or (ii) special requirements or conditions, such  as
 requiring  co-obligors  or reapplication upon marriage, are imposed upon
 an applicant or class  of  applicants  in  circumstances  where  similar
 requirements or conditions are not imposed upon other applicants of like
 overall credit worthiness.
   3.  It  shall  not  be  considered  discriminatory if credit differen-
 tiations or decisions are based upon  factually  supportable,  objective
 differences  in applicants' overall credit worthiness, which may include
 reference to such factors as current income,  assets  and  prior  credit
 history  of  such applicants, as well as reference to any other relevant
 factually supportable data; provided, however, that  no  creditor  shall
 consider, in evaluating the credit worthiness of an applicant, aggregate
 statistics  or  assumptions  relating  to  race,  creed, color, national
 origin, CITIZENSHIP OR IMMIGRATION STATUS,  sexual  orientation,  gender
 identity or expression, military status, sex, marital status or disabil-
 ity,  or  to  the  likelihood of any group of persons bearing or rearing
 children, or for that reason receiving diminished or interrupted  income
 in the future.
   § 12. Subdivision 2 of section 296-c of the executive law, as added by
 chapter 97 of the laws of 2014, is amended to read as follows:
   2. It shall be an unlawful discriminatory practice for an employer to:
   a.  refuse to hire or employ or to bar or to discharge from internship
 an intern or to discriminate against such intern in terms, conditions or
 privileges of employment as an intern because of the intern's age, race,
 creed, color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual
 orientation, military  status,  sex,  disability,  predisposing  genetic
 characteristics, marital status, or domestic violence victim status;
   b. discriminate against an intern in receiving, classifying, disposing
 or  otherwise  acting  upon  applications for internships because of the
 intern's age, race, creed, color, national origin, CITIZENSHIP OR  IMMI-
 GRATION  STATUS,  sexual  orientation, military status, sex, disability,
 predisposing  genetic  characteristics,  marital  status,  or   domestic
 violence victim status;
 S. 8006--A                         81                         A. 9006--A
 
   c.  print or circulate or cause to be printed or circulated any state-
 ment, advertisement or publication, or to use any  form  of  application
 for  employment  as  an intern or to make any inquiry in connection with
 prospective employment, which  expresses  directly  or  indirectly,  any
 limitation,  specification  or  discrimination  as  to age, race, creed,
 color, national origin, CITIZENSHIP OR IMMIGRATION STATUS, sexual orien-
 tation, military status, sex, disability, predisposing  genetic  charac-
 teristics,  marital  status  or  domestic violence victim status, or any
 intent to make any such  limitation,  specification  or  discrimination,
 unless  based  upon  a  bona  fide occupational qualification; provided,
 however, that neither this paragraph nor any provision of  this  chapter
 or  other  law  shall  be  construed to prohibit the department of civil
 service or the department of personnel of any city containing more  than
 one county from requesting information from applicants for civil service
 internships or examinations concerning any of the aforementioned charac-
 teristics,  other than sexual orientation, for the purpose of conducting
 studies to identify and resolve possible  problems  in  recruitment  and
 testing of members of minority groups to insure the fairest possible and
 equal opportunities for employment in the civil service for all persons,
 regardless  of  age, race, creed, color, national origin, CITIZENSHIP OR
 IMMIGRATION STATUS, sexual orientation, military status, sex,  disabili-
 ty,  predisposing  genetic  characteristics,  marital status or domestic
 violence victim status;
   d. to discharge, expel or otherwise discriminate  against  any  person
 because he or she has opposed any practices forbidden under this article
 or because he or she has filed a complaint, testified or assisted in any
 proceeding under this article; or
   e.  to  compel  an  intern who is pregnant to take a leave of absence,
 unless the intern is prevented by such  pregnancy  from  performing  the
 activities involved in the job or occupation in a reasonable manner.
   §  13.  Paragraph b of subdivision 3 of section 296-c of the executive
 law, as added by chapter 97 of the laws of 2014, is amended to  read  as
 follows:
   b.  subject an intern to unwelcome harassment based on age, sex, race,
 creed, color, sexual orientation, military status,  disability,  predis-
 posing genetic characteristics, marital status, domestic violence victim
 status,  [or]  national  origin,  OR  CITIZENSHIP OR IMMIGRATION STATUS,
 where such harassment has the purpose or effect of  unreasonably  inter-
 fering  with  the intern's work performance by creating an intimidating,
 hostile, or offensive working environment.
   § 14. This act shall take effect immediately.
 
                                  PART Z
 
   Section 1. Notwithstanding any other provision  of  law,  the  housing
 trust  fund  corporation  may  provide, for purposes of the neighborhood
 preservation program, a sum not to exceed  $12,830,000  for  the  fiscal
 year ending March 31, 2023.  Notwithstanding any other provision of law,
 and  subject to the approval of the New York state director of the budg-
 et, the board of directors of the state  of  New  York  mortgage  agency
 shall  authorize the transfer to the housing trust fund corporation, for
 the purposes of reimbursing any costs associated with neighborhood pres-
 ervation program contracts authorized by this section, a total  sum  not
 to  exceed  $12,830,000,  such  transfer to be made from (i) the special
 account of the mortgage  insurance  fund  created  pursuant  to  section
 2429-b  of  the  public  authorities law, in an amount not to exceed the
 S. 8006--A                         82                         A. 9006--A

 actual excess balance in the special account of the  mortgage  insurance
 fund,  as  determined  and  certified  by the state of New York mortgage
 agency for the fiscal year 2021-2022 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, 2022.
   § 2. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may  provide,  for purposes of the rural preservation
 program, a sum not to exceed $5,360,000 for the fiscal year ending March
 31, 2023.  Notwithstanding any other provision of law,  and  subject  to
 the  approval of the New York state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  housing  trust  fund corporation, for the purposes of
 reimbursing  any  costs  associated  with  rural  preservation   program
 contracts  authorized  by  this  section,  a  total  sum  not  to exceed
 $5,360,000, such transfer to be made from (i) the special account of the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the special account of the mortgage insurance fund,  as  determined  and
 certified  by  the state of New York mortgage agency for the fiscal year
 2021-2022 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,
 2022.
   § 3. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may provide, for purposes of the rural rental assist-
 ance program pursuant to article 17-A of  the  private  housing  finance
 law,  a  sum  not to exceed $21,630,000 for the fiscal year ending March
 31, 2023.  Notwithstanding any other provision of law,  and  subject  to
 the  approval of the New York state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  housing  trust  fund corporation, for the purposes of
 reimbursing any costs associated with rural  rental  assistance  program
 contracts  authorized  by  this  section,  a  total  sum  not  to exceed
 $21,630,000, 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 2021-2022 in accordance with section 2429-b  of  the  public
 authorities  law,  if any, and/or (ii) provided that the reserves in the
 project pool insurance account of the mortgage  insurance  fund  created
 pursuant  to section 2429-b of the public authorities law are sufficient
 to attain and maintain the credit rating, as determined by the state  of
 New  York  mortgage  agency, required to accomplish the purposes of such
 account, the project pool insurance account of  the  mortgage  insurance
 S. 8006--A                         83                         A. 9006--A
 
 fund,  such  transfer  shall be made as soon as practicable but no later
 than June 30, 2022.
   § 4. This act shall take effect immediately.
 
                                  PART AA
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "equitable and sustainable land use act of 2022".
   § 2. The real property law is amended by adding a new  article  16  to
 read as follows:
                                 ARTICLE 16
                         ACCESSORY DWELLING UNITS
 SECTION 480. DEFINITIONS.
         481. ACCESSORY DWELLING UNIT REGULATIONS AND LOCAL LAWS.
         482. TENANT PROTECTIONS.
   § 480. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
 WISE REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ACCESSORY  DWELLING  UNIT"  SHALL  MEAN AN ATTACHED OR A DETACHED
 RESIDENTIAL DWELLING UNIT  THAT  PROVIDES  COMPLETE  INDEPENDENT  LIVING
 FACILITIES  FOR ONE OR MORE PERSONS, WHICH IS LOCATED ON THE SAME LOT AS
 A SINGLE-FAMILY OR MULTI-FAMILY  DWELLING  PROPOSED  OR  EXISTING  AS  A
 PRIMARY  RESIDENCE, AND SUCH UNIT SHALL INCLUDE PERMANENT PROVISIONS FOR
 LIVING, SLEEPING, EATING, COOKING, BATHING AND WASHING,  AND  SANITATION
 ON THE SAME LOT AS SUCH PRIMARY RESIDENCE.
   2. "REGULATION" SHALL MEAN ANY ORDINANCE, LOCAL LAW, RESOLUTION, RULE,
 POLICY,  OR REGULATION ADOPTED OR ENACTED PURSUANT TO THE AUTHORITY OF A
 GENERAL, SPECIAL, CHARTER OR OTHER LAW UNLESS  THE  CONTEXT  SUGGESTS  A
 DIFFERENT MEANING.
   3.  "RENTED" SHALL MEAN TO LEASE, LET, OR HIRE OUT AN ACCESSORY DWELL-
 ING UNIT, A RESIDENCE, OR ANY PORTION OF SUCH UNIT OR RESIDENCE,  TO  BE
 OCCUPIED OR THAT IS OCCUPIED FOR LIVING PURPOSES.
   § 481. ACCESSORY DWELLING UNIT REGULATIONS AND LOCAL LAWS.
   NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  STATE  OR LOCAL LAW TO THE
 CONTRARY, IN A CITY WITH A POPULATION  GREATER  THAN  ONE  MILLION,  THE
 LOCAL  GOVERNMENT  MAY, BY LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, AS
 APPROPRIATE, THE LEGALIZATION OF SPECIFIED ACCESSORY DWELLING  UNITS  IN
 EXISTENCE  PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE. SUCH PROGRAM MAY
 PROVIDE AMNESTY TO OWNERS  OF  BUILDINGS  THAT  CONTAIN  SUCH  ACCESSORY
 DWELLING UNITS FROM VIOLATIONS, AS APPLICABLE, OF LOCAL LAW, REGULATION,
 AND  THE  ZONING  RESOLUTION  OF  THE LOCAL GOVERNMENT. SUCH PROGRAM MAY
 PROVIDE THAT ANY PROVISION OF THE MULTIPLE DWELLING LAW  AND  ANY  OTHER
 PROVISION  OF  LOCAL  LAW, REGULATION, AND THE ZONING RESOLUTION OF SUCH
 LOCAL GOVERNMENT SHALL NOT BE APPLICABLE, AS  NECESSARY,  TO  ADMINISTER
 AND  IMPLEMENT  THIS  PROGRAM. SUCH PROGRAM SHALL NOT REQUIRE ADDITIONAL
 ZONING ACTIONS OR DISCRETIONARY LAND USE OR ENVIRONMENTAL REVIEW.
   § 482. TENANT PROTECTIONS. 1. AS USED IN THIS SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "LANDLORD"  SHALL MEAN ANY OWNER, LESSOR, SUBLESSOR, ASSIGNOR, OR
 OTHER PERSON RECEIVING OR ENTITLED TO RECEIVE RENT FOR THE OCCUPANCY  OF
 ANY ACCESSORY DWELLING UNIT OR AN AGENT OF THE FOREGOING.
   (B)  "TENANT"  SHALL  MEAN A TENANT, SUB-TENANT, LESSEE, SUBLESSEE, OR
 ASSIGNEE OF AN ACCESSORY DWELLING UNIT.
   (C) "RENT" SHALL MEAN ANY CONSIDERATION, INCLUDING ANY BONUS,  BENEFIT
 OR  GRATUITY  DEMANDED  OR  RECEIVED  FOR  OR  IN  CONNECTION  WITH  THE
 POSSESSION, USE OR OCCUPANCY  OF  AN  ACCESSORY  DWELLING  UNIT  OR  THE
 EXECUTION OR TRANSFER OF A LEASE FOR SUCH UNIT.
 S. 8006--A                         84                         A. 9006--A
 
   2.  A  PERMIT  APPLICATION  TO  CREATE  AN  ACCESSORY DWELLING UNIT IN
 CONFORMANCE WITH A LOCAL LAW ADOPTED UNDER THIS ARTICLE SHALL BE  ACCOM-
 PANIED  BY  A CERTIFICATION IDENTIFYING WHETHER THE UNIT WAS RENTED TO A
 TENANT AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND THE RENT CHARGED FOR
 THE  UNIT AS OF SUCH DATE, NOTWITHSTANDING WHETHER THE OCCUPANCY OF SUCH
 UNIT WAS AUTHORIZED BY LAW. A LOCAL GOVERNMENT MAY NOT USE SUCH  CERTIF-
 ICATION  AS  THE  BASIS  FOR  AN ENFORCEMENT ACTION AGAINST AN APPLICANT
 CONCERNING THE UNAUTHORIZED HABITATION OF A  UNIT.  WHERE  A  TENANT  IS
 EVICTED  OR  OTHERWISE REMOVED FROM A UNIT PRIOR TO APPROVAL OF A PERMIT
 APPLICATION TO CREATE AN ACCESSORY DWELLING  UNIT  UNDER  THIS  ARTICLE,
 SUCH TENANT SHALL HAVE A RIGHT OF FIRST REFUSAL TO RETURN TO THE UNIT AS
 A  TENANT UPON ITS FIRST LAWFUL OCCUPANCY AS AN ACCESSORY DWELLING UNIT,
 NOTWITHSTANDING WHETHER SUCH PRIOR OCCUPANCY WAS AUTHORIZED BY LAW.
   3. A TENANT UNLAWFULLY DENIED A RIGHT  OF  FIRST  REFUSAL  UNDER  THIS
 ARTICLE SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDIC-
 TION  FOR  COMPENSATORY AND PUNITIVE DAMAGES AND DECLARATORY AND INJUNC-
 TIVE RELIEF AND SUCH OTHER RELIEF AS THE COURT DEEMS  NECESSARY  IN  THE
 INTERESTS OF JUSTICE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART BB
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Housing Non-Discrimination for Justice-Involved Individuals Act  of
 2022".
   §  2.  Section  296  of  the  executive law is amended by adding a new
 subdivision 23 to read as follows:
   23. IT SHALL BE AN UNLAWFUL DISCRIMINATORY  PRACTICE,  UNLESS  SPECIF-
 ICALLY  REQUIRED  OR PERMITTED BY FEDERAL OR STATE STATUTE OR REGULATION
 FOR ANY OWNER, LESSEE, SUB-LESSEE, ASSIGNEE, OR MANAGING  AGENT  OF,  OR
 OTHER  PERSON HAVING THE RIGHT TO SELL, RENT OR LEASE A HOUSING ACCOMMO-
 DATION, CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE THER-
 EOF, OR ANY REAL ESTATE BROKER, REAL ESTATE SALESPERSON OR  EMPLOYEE  OR
 AGENT  THEREOF TO REFUSE TO SELL, RENT, LEASE OR NEGOTIATE FOR THE SALE,
 RENTAL, OR LEASE OF, OR OTHERWISE TO DENY TO OR WITHHOLD FROM ANY  INDI-
 VIDUAL  SUCH  A  HOUSING  ACCOMMODATION, OR TO DISCRIMINATE AGAINST SUCH
 INDIVIDUAL IN THE TERMS, CONDITIONS OR PRIVILEGES OF THE SALE, RENTAL OR
 LEASE, OR TO TAKE ANY ADVERSE ACTION AGAINST  SUCH  INDIVIDUAL,  BECAUSE
 SUCH  INDIVIDUAL  HAS  BEEN PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL
 OFFENSES IN THIS STATE OR IN ANY OTHER JURISDICTION, UNLESS:
   (A) THE CONVICTION RESULTED FROM ONE OR MORE  OFFENSES  THAT  INVOLVED
 PHYSICAL DANGER OR VIOLENCE TO PERSONS OR PROPERTY; OR
   (B)  THE  CONVICTION  HAD  AN ADVERSE EFFECT ON THE HEALTH, SAFETY AND
 WELFARE OF OTHER PEOPLE OR PROPERTY.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
                                  PART CC
 
   Section  1.  Subdivision 3 of section 26 of the multiple dwelling law,
 as amended by chapter 748 of the laws of 1961, is  amended  to  read  as
 follows:
   3.  Floor  area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN THE
 ZONING LAW, ORDINANCE OR RESOLUTION OF A CITY WITH A POPULATION  OF  ONE
 MILLION OR MORE, THE floor area ratio (FAR) of any dwelling or dwellings
 S. 8006--A                         85                         A. 9006--A
 
 on a lot shall not exceed 12.0, except that a fireproof class B dwelling
 in  which six or more passenger elevators are maintained and operated in
 any city having a local zoning law, ordinance or resolution  restricting
 districts  in such city to residential use, may be erected in accordance
 with the provisions of such zoning law, ordinance or resolution, if such
 class B dwelling is erected in a district no part of which is restricted
 by such zoning law, ordinance or resolution to residential uses.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1. Short title. This act shall be known as and may be cited as
 "Creating Housing Opportunities through Building Conversion Act."
   § 2. Section 301 of the multiple dwelling law is amended by  adding  a
 new subdivision 7 to read as follows:
   7. ANY CERTIFICATE BY THE DEPARTMENT AUTHORIZING OCCUPANCY OF A DWELL-
 ING  AS  A CLASS B HOTEL, WHEN SUCH DWELLING IS LOCATED IN A CITY WITH A
 POPULATION OF ONE MILLION OR MORE, SHALL  ALSO  AUTHORIZE  OCCUPANCY  OF
 UNITS IN SUCH DWELLING FOR PERMANENT RESIDENCE PURPOSES, WHERE: (A) SUCH
 UNITS ARE SUBJECT TO A REGULATORY AGREEMENT WITH THE DIVISION OF HOUSING
 AND  COMMUNITY  RENEWAL,  AFFILIATED  AUTHORITIES, OR A LOCAL GOVERNMENT
 HOUSING AGENCY THAT IS ENTERED INTO ON OR BEFORE DECEMBER  THIRTY-FIRST,
 TWO  THOUSAND  TWENTY-SEVEN;  AND  (B) ANY PORTION OF SUCH A DWELLING IS
 LOCATED WITHIN A DISTRICT THAT UNDER THE  LOCAL  ZONING  REGULATIONS  OR
 ORDINANCES  PERMITS  RESIDENTIAL  USES,  OR WITHIN EIGHT HUNDRED FEET OF
 SUCH A DISTRICT, AND NOT LOCATED WITHIN AN INDUSTRIAL BUSINESS  ZONE  AS
 DEFINED  IN  THE  ADMINISTRATIVE  CODE OF THE CITY OF NEW YORK, NOTWITH-
 STANDING ANY PROVISION OF THIS CHAPTER OR OF ANY STATE LAW,  LOCAL  LAW,
 ORDINANCE, RESOLUTION OR REGULATION THAT WOULD HAVE: (I) PROHIBITED SUCH
 OCCUPANCY;  (II)  REQUIRED  A  CHANGE  OR ALTERATION TO THE DWELLING; OR
 (III) REQUIRED A NEW OR AMENDED CERTIFICATE. NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW OR REGULATION, ALL DWELLING UNITS WITHIN SUCH BUILDINGS
 SHALL  BE  SUBJECT  TO  THE  RENT  STABILIZATION LAW OF NINETEEN HUNDRED
 SIXTY-NINE AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN  SEVENTY-
 FOUR  FOR  AS  LONG  AS THE MUNICIPALITY HAS DECLARED A PUBLIC EMERGENCY
 REQUIRING THE REGULATION OF RESIDENTIAL RENTS PURSUANT  TO  THESE  LAWS.
 ANY  ALTERATIONS TO ANY SUCH DWELLING SUCH AS THE CREATION OF MULTI-ROOM
 SUITES OR THE ADDITION OF COOKING FACILITIES OR ACCESSORY  SPACES  SHALL
 COMPLY  WITH  ANY  APPLICABLE  REQUIREMENTS OF ANY STATE LAW, LOCAL LAW,
 ORDINANCE,  RESOLUTION  OR  REGULATION  RELATING  TO  CLASS  B   HOTELS.
 PROVIDED FURTHER THAT IN THE CASE OF A PROPERTY AT WHICH ANY HOTEL WORK-
 ERS  ARE REPRESENTED BY A COLLECTIVE BARGAINING REPRESENTATIVE, PRIOR TO
 ANY AGENCY OR AUTHORITY ENTERING INTO A REGULATORY  AGREEMENT  WITH  THE
 PROPERTY  OWNER AS A PREREQUISITE TO CONVERSION, THE COLLECTIVE BARGAIN-
 ING REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE PROPOSED  CONVER-
 SION,  AND  THE  PROPERTY OWNER SHALL CERTIFY TO ANY AGENCY OR AUTHORITY
 ENTERING INTO SUCH REGULATORY AGREEMENT THAT THE  COLLECTIVE  BARGAINING
 REPRESENTATIVE  HAS MUTUALLY AGREED IN A SEPARATE WRITING WITH THE PROP-
 ERTY OWNER TO UNDERTAKE THE CONVERSION SET FORTH IN THIS SECTION.
   § 3. The multiple dwelling law is amended  by  adding  a  new  section
 277-a to read as follows:
   §  277-A.  TEMPORARY  RULES UPON LEGISLATIVE FINDINGS OF SPECIAL STATE
 INTEREST. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY  ELIGIBLE
 CONVERSION,  AS  SET FORTH IN SUBDIVISION TWO OF THIS SECTION, FOR WHICH
 AN APPLICATION FOR A PERMIT, CONTAINING COMPLETE  PLANS  AND  SPECIFICA-
 TIONS, IS FILED WITH THE RELEVANT LOCAL AGENCY IN ACCORDANCE WITH APPLI-
 S. 8006--A                         86                         A. 9006--A
 
 CABLE  LOCAL  LAW ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-SEVEN.
   2.  (A)  ANY  BUILDING OR PORTION OF A BUILDING IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE AND AS DESCRIBED IN THIS  SUBDIVISION  MAY
 BE CONVERTED TO A CLASS A MULTIPLE DWELLING, WITHOUT REGARD TO ANY OTHER
 PROVISION  OF  THIS  CHAPTER  OR  OTHER STATE LAW TO THE CONTRARY OR ANY
 PROVISION OF THE ZONING RESOLUTION OF THE CITY OF NEW YORK, BUT PROVIDED
 THAT WHERE THE CONVERSION RESULTS IN A CLASS A  MULTIPLE  DWELLING,  THE
 CONVERTED  BUILDING  SHALL  BE  SUBJECT  TO  A  REGULATORY AGREEMENT FOR
 AFFORDABLE OR SUPPORTIVE HOUSING WITH THE DIVISION OF HOUSING AND COMMU-
 NITY RENEWAL, AFFILIATED AUTHORITIES,  OR  A  LOCAL  GOVERNMENT  HOUSING
 AGENCY.
   (B)  THE  PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO THE FOLLOWING:
 (I) ANY BUILDING OR PORTION THEREOF EXISTING ON JANUARY FIRST,  NINETEEN
 HUNDRED  EIGHTY,  THAT,  AS  OF  THE EFFECTIVE DATE OF THIS SECTION, WAS
 LAWFULLY OPERATED AS COMMERCIAL OFFICES; OR (II) ANY BUILDING OR PORTION
 THEREOF WHERE CONSTRUCTION WAS COMPLETED ON  OR  AFTER  JANUARY  SECOND,
 NINETEEN  HUNDRED  EIGHTY,  PURSUANT  TO  A VALID TEMPORARY OR PERMANENT
 CERTIFICATE OF OCCUPANCY, WAS  ALLOWED  TO  BE  OPERATED  AS  COMMERCIAL
 OFFICES AND SUCH BUILDING IS LOCATED IN THE AREA BEGINNING AT A POINT AT
 THE  INTERSECTION OF THE EXTENSION OF THE SOUTH LINE OF WEST 60TH STREET
 WITH THE U.S.  PIERHEAD LINE ON BEGINNING AT A POINT AT THE INTERSECTION
 OF THE EXTENSION OF THE SOUTH LINE OF WEST 60TH  STREET  WITH  THE  U.S.
 PIERHEAD LINE ON THE EAST SIDE OF THE HUDSON RIVER AND RUNS THENCE ALONG
 THE EXTENSION OF THE SOUTH LINE OF THE EAST SIDE OF THE HUDSON RIVER AND
 RUNS  THENCE  ALONG  THE EXTENSION OF THE SOUTH LINE OF WEST 60TH STREET
 AND ALONG THE SOUTH LINE OF WEST 60TH STREET AND ALONG THE SOUTH LINE OF
 EAST 60TH STREET AND ALONG THE EXTENSION OF THE SOUTH LINE OF EAST  60TH
 STREET  TO  THE  U.S.  PIERHEAD LINE ON THE WEST SIDE OF THE EAST RIVER,
 THENCE ALONG THE U.S. PIERHEAD LINE ON THE WEST SIDE OF THE  EAST  RIVER
 SOUTHERLY  TO  ITS  INTERSECTION WITH THE U.S. PIERHEAD LINE ON THE EAST
 SIDE OF THE HUDSON RIVER, THENCE IN A NORTHERLY DIRECTION ALONG THE U.S.
 PIERHEAD LINE ON THE EAST SIDE OF THE  HUDSON  RIVER  TO  THE  POINT  OF
 BEGINNING.
   3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
 CONVERSION  PURSUANT  TO THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS
 OF SECTION TWO  HUNDRED  SEVENTY-SEVEN  OF  THIS  ARTICLE,  EXCEPT  THAT
 SUBPARAGRAPH D OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION SEVEN
 OF SUCH SECTION SHALL BE MODIFIED TO NOT REQUIRE A DWELLING UNIT TO BE A
 MINIMUM OF TWELVE HUNDRED SQUARE FEET, AND EXCEPT THAT SUBPARAGRAPH F OF
 SUBPARAGRAPH  (I)  OF PARAGRAPH (B) OF SUBDIVISION SEVEN OF SUCH SECTION
 SHALL BE MODIFIED TO PROVIDE THAT ANY  YARDS  OR  COURTS  ONTO  WHICH  A
 WINDOW OPENS PURSUANT TO SUCH SUBPARAGRAPH (I) MAY BE EXISTING OR NEW IN
 BUILDINGS  OF  ANY  HEIGHT, AND EXCEPT THAT THE RESTRICTIONS ON ENLARGE-
 MENTS IN PARAGRAPH (D) OF SUBDIVISION SEVEN OF  SUCH  SECTION  SHALL  BE
 UNDERSTOOD  TO APPLY TO ANY INCREASE IN VOLUME OR FLOOR AREA OF A BUILD-
 ING OR PORTION THEREOF THAT IS CONVERTED PURSUANT TO THIS SECTION.
   (B) ANY LOCAL LAWS, ORDINANCES, RESOLUTIONS OR REGULATIONS PROMULGATED
 AFTER THE EFFECTIVE DATE OF THIS  SECTION,  INCLUDING  FOR  PURPOSES  OF
 EXTENDING  OR  MODIFYING THE APPLICATION OF BUILDING CODES, CONSTRUCTION
 CODES OR OTHER LOCAL LAWS TO ANY CONVERSIONS ALLOWED  PURSUANT  TO  THIS
 SECTION,  SHALL  BE  CONSONANT  WITH  THE MANDATE AND INTENTIONS OF THIS
 SECTION.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 S. 8006--A                         87                         A. 9006--A
 
                                  PART EE
 
 Intentionally omit
 
                                  PART FF
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Fair Chance: Reforming the Use of Credit Checks in Tenant Screening
 Act".
   § 2. The real property law is amended by adding a new section 227-g to
 read as follows:
   § 227-G. CREDIT CHECKS IN TENANT SCREENING. 1. NO LANDLORD OF A  RESI-
 DENTIAL  PREMISES  SHALL  REFUSE TO RENT OR OFFER A LEASE TO A POTENTIAL
 TENANT DUE TO A POTENTIAL TENANT'S CONSUMER CREDIT HISTORY OR SCORE,  OR
 LACK THEREOF, IF THE POTENTIAL TENANT:
   (A)  MADE FULL RENT PAYMENTS WITHIN FIVE DAYS OF THE DATE THE RENT WAS
 DUE FOR EACH OF THE TWELVE MONTHS IMMEDIATELY PRECEDING  THE  SUBMISSION
 OF  THE  POTENTIAL  TENANT'S RENTAL APPLICATION; PROVIDED, HOWEVER, THAT
 FOR RENTAL APPLICATIONS SUBMITTED DURING OR PRIOR TO JUNE, TWO  THOUSAND
 TWENTY-TWO,  MISSED  OR LATE RENTAL PAYMENTS THAT ACCRUED BETWEEN MARCH,
 TWO THOUSAND TWENTY AND JUNE,  TWO  THOUSAND  TWENTY-ONE  SHALL  NOT  BE
 CONSIDERED CAUSE TO DENY AN APPLICATION. IN LIEU OF PAYMENTS DURING SUCH
 EXEMPTED  TIME  PERIOD,  A  POTENTIAL TENANT MAY USE PAYMENTS MADE IMME-
 DIATELY PRIOR TO MARCH OF TWO  THOUSAND  TWENTY  TO  DEMONSTRATE  TWELVE
 MONTHS OF CONSECUTIVE TIMELY RENTAL PAYMENTS;
   (B) IS THE RECIPIENT OF OR A BENEFICIARY OF GOVERNMENT PROVIDED SUBSI-
 DY OR PROGRAM THAT IS PAID DIRECTLY TO THE LANDLORD AND PAYS THE MONTHLY
 RENT IN ITS ENTIRETY;
   (C)  HAS  A  CREDIT  HISTORY  OR  REPORT  WHEREIN  ANY  DELINQUENCIES,
 COLLECTIONS, MONEY JUDGMENTS, LIENS OR OTHER DETRIMENTAL INFORMATION ARE
 SOLELY DUE TO MEDICAL OR STUDENT LOAN DEBT; OR
   (D)  HAS  A  CREDIT  HISTORY  OR  REPORT  WHEREIN  ANY  DELINQUENCIES,
 COLLECTIONS, MONEY JUDGMENTS, LIENS OR OTHER DETRIMENTAL INFORMATION ARE
 THE DIRECT RESULT OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
 OR STALKING.
   2.  IF  A POTENTIAL LESSOR INTENDS TO DENY A POTENTIAL LESSEE'S RENTAL
 APPLICATION DUE TO CREDIT HISTORY OR SCORE, SUCH LESSOR MUST INFORM  THE
 POTENTIAL  LESSEE  OF  THE REASONS FOR THE DENIED APPLICATION IN WRITING
 AND PROVIDE THE POTENTIAL LESSEE WITH AN OPPORTUNITY TO DEMONSTRATE THAT
 ANY OF THE CONDITIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION APPLY
 TO THEM WITHIN FIVE DAYS OF RECEIVING SUCH WRITTEN APPLICATION DENIAL.
   3. THERE SHALL BE  A  REBUTTABLE  PRESUMPTION  THAT  A  PERSON  IS  IN
 VIOLATION  OF  THIS SECTION IF IT IS ESTABLISHED THAT THE LESSOR REFUSED
 TO RENT OR OFFER A  LEASE  TO  A  POTENTIAL  TENANT  AFTER  SUCH  LESSOR
 REQUESTED  CREDIT  REPORT  INFORMATION  AND  THE POTENTIAL TENANT DEMON-
 STRATED THAT ANY OF THE CONDITIONS SET FORTH IN SUBDIVISION ONE OF  THIS
 SECTION APPLIED TO THEM.
   4. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
 TORY  TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
 AGENT OR EMPLOYEE THEREOF HAS VIOLATED THIS SECTION, HE OR SHE MAY BRING
 AN ACTION OR SPECIAL PROCEEDING IN THE  SUPREME  COURT  FOR  A  JUDGMENT
 ENJOINING  THE  CONTINUANCE OF SUCH VIOLATION AND FOR A CIVIL PENALTY OF
 NOT LESS THAN FIVE HUNDRED DOLLARS,  BUT  NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS FOR EACH VIOLATION.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 S. 8006--A                         88                         A. 9006--A
 
                                  PART GG
 
   Section  1. The executive law is amended by adding a new section 202-a
 to read as follows:
   § 202-A. LANGUAGE TRANSLATION SERVICES.  1.  EACH  STATE  AGENCY  THAT
 PROVIDES  DIRECT  PUBLIC  SERVICES IN NEW YORK STATE SHALL TRANSLATE ALL
 VITAL DOCUMENTS RELEVANT TO SERVICES OFFERED BY THE AGENCY INTO THE  TEN
 MOST  COMMON  NON-ENGLISH LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT
 INDIVIDUALS IN THE STATE, BASED ON THE DATA IN THE MOST RECENT  AMERICAN
 COMMUNITY  SURVEY  PUBLISHED  BY  UNITED  STATES CENSUS BUREAU. AGENCIES
 SUBJECT TO THIS SECTION, IN THEIR DISCRETION, SHALL OFFER AT  LEAST  TWO
 ADDITIONAL   LANGUAGES  BEYOND  THE  TEN  MOST  COMMON  LANGUAGES.  SUCH
 LANGUAGES SHALL BE DECIDED BY THE  STATE  AGENCY  AND  APPROVED  BY  THE
 OFFICE  OF  GENERAL  SERVICES BASED ON THE POPULATION OF LIMITED-ENGLISH
 PROFICIENT INDIVIDUALS SERVED BY  THE  AGENCY,  FEEDBACK  FROM  IMPACTED
 COMMUNITY  OR  ADVOCACY  GROUPS,  THE GEOGRAPHIC REGION WITHIN WHICH THE
 SERVICES ARE OFFERED, ANY OTHER RELEVANT DATA PUBLISHED  BY  THE  UNITED
 STATES CENSUS BUREAU.
   2.  EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DESIG-
 NATE A LANGUAGE ACCESS COORDINATOR WHO WILL  WORK  WITH  THE  OFFICE  OF
 GENERAL  SERVICES  TO  ENSURE  COMPLIANCE  WITH THE REQUIREMENTS OF THIS
 SECTION.
   3. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DEVELOP
 A LANGUAGE ACCESS PLAN AND SUBMIT SUCH PLAN TO  THE  OFFICE  OF  GENERAL
 SERVICES.
   (A)  AN  AGENCY'S  INITIAL LANGUAGE ACCESS PLAN SHALL BE ISSUED BY THE
 AGENCY WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   (B) LANGUAGE ACCESS PLANS SHALL BE  UPDATED  AND  REISSUED  EVERY  TWO
 YEARS ON OR BEFORE JANUARY FIRST.
   (C) LANGUAGE ACCESS PLANS SHALL SET FORTH, AT A MINIMUM:
   (I)  WHEN  AND  BY  WHAT  MEANS  THE AGENCY WILL PROVIDE OR IS ALREADY
 PROVIDING LANGUAGE ASSISTANCE SERVICES;
   (II)  THE  TITLES  OF  ALL  AVAILABLE  TRANSLATED  DOCUMENTS  AND  THE
 LANGUAGES INTO WHICH THEY HAVE BEEN TRANSLATED;
   (III)  THE  NUMBER  OF  PUBLIC CONTACT POSITIONS IN THE AGENCY AND THE
 NUMBER OF BILINGUAL EMPLOYEES  IN  PUBLIC  CONTACT  POSITIONS,  AND  THE
 LANGUAGES SUCH EMPLOYEES SPEAK;
   (IV)  A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT MINIMUM,
 ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AGENCY AND TRAIN-
 ING IN HOW TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
   (V) A PLAN FOR ANNUAL INTERNAL MONITORING OF THE  AGENCY'S  COMPLIANCE
 WITH THIS SECTION;
   (VI)  A  DESCRIPTION OF HOW THE AGENCY INTENDS TO NOTIFY THE PUBLIC OF
 THE AGENCY'S OFFERED LANGUAGE ASSISTANT SERVICES;
   (VII) AN ASSESSMENT OF THE AGENCY'S SERVICE POPULATIONS  TO  DETERMINE
 WHETHER  ADDITIONAL  LANGUAGES OF TRANSLATION SHOULD BE ADDED BEYOND THE
 TOP TEN LANGUAGES;
   (VIII) AN EXPLANATION AS TO HOW THE AGENCY DETERMINED IT WOULD PROVIDE
 ANY ADDITIONAL LANGUAGE BEYOND THE TOP TEN LANGUAGES  REQUIRED  BY  THIS
 SECTION; AND
   (IX) THE IDENTITY OF THE AGENCY'S LANGUAGE ACCESS COORDINATOR.
   4. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL:
   (A) PROVIDE INTERPRETATION SERVICES BETWEEN THE AGENCY AND AN INDIVID-
 UAL  IN EACH INDIVIDUAL'S PRIMARY LANGUAGE WITH RESPECT TO THE PROVISION
 OF SERVICES OR BENEFITS BY THE AGENCY; AND
   (B) PUBLISH THE AGENCY'S LANGUAGE ACCESS PLAN ON THE AGENCY'S WEBSITE.
 S. 8006--A                         89                         A. 9006--A

   5. FOR PURPOSES OF THIS SECTION, "VITAL DOCUMENT" MEANS ANY  PAPER  OR
 DIGITAL  DOCUMENT THAT CONTAINS INFORMATION THAT IS CRITICAL FOR OBTAIN-
 ING AGENCY SERVICES OR BENEFITS OR IS OTHERWISE REQUIRED TO BE COMPLETED
 BY LAW.
   6.  THE  OFFICE OF GENERAL SERVICES WILL ENSURE AGENCY COMPLIANCE WITH
 THIS SECTION AND SHALL PREPARE AN ANNUAL REPORT,  WHICH  SHALL  BE  MADE
 PUBLIC  ON  THE OFFICE OF GENERAL SERVICES WEBSITE, DETAILING EACH AGEN-
 CY'S PROGRESS AND COMPLIANCE WITH THIS SECTION.
   § 2. This act shall take effect July 1, 2022.
 
                                  PART HH
 
   Section 1. Section 211 of the retirement and social  security  law  is
 amended by adding a new subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION,  SECTIONS TWO
 HUNDRED TWELVE AND FOUR HUNDRED ONE OF THIS  CHAPTER  AND  SECTION  FIVE
 HUNDRED  THREE OF THE EDUCATION LAW AND ANY OTHER LAW, REGULATION, RULE,
 LOCAL LAW, OR CHARTER TO THE CONTRARY, A RETIRED PERSON MAY BE  EMPLOYED
 AND  EARN  COMPENSATION IN A POSITION OR POSITIONS IN A PUBLIC SCHOOL IN
 THE STATE WITHOUT ANY EFFECT ON HIS OR HER STATUS AS RETIRED AND WITHOUT
 SUSPENSION OR DIMINUTION OF HIS OR HER RETIREMENT ALLOWANCE AND  WITHOUT
 PRIOR  APPROVAL  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION. EARNINGS
 RECEIVED AS A RESULT OF EMPLOYMENT IN A PUBLIC SCHOOL IN THE STATE SHALL
 NOT BE APPLIED TO A RETIRED PERSON'S EARNINGS WHEN CALCULATING THE EARN-
 INGS LIMITATIONS IMPOSED BY SUBDIVISIONS ONE  AND  TWO  OF  SECTION  TWO
 HUNDRED TWELVE OF THIS ARTICLE.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed June 30, 2024.
 
                                  PART II
 
   Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 485-w to read as follows:
   §  485-W.  AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE.  1.
 DEFINITIONS.  FOR PURPOSES OF THIS SECTION:
   (A) "AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX  INCENTIVE  BENEFITS
 (HEREINAFTER  REFERRED  TO  AS  "ANNY PROGRAM BENEFITS")" SHALL MEAN THE
 EXEMPTION FROM REAL PROPERTY TAXATION PURSUANT TO THIS SECTION.
   (B) "AFFORDABILITY OPTION A" SHALL  MEAN  THAT,  WITHIN  ANY  ELIGIBLE
 MULTIPLE  DWELLING:  (I) NOT LESS THAN TEN PERCENT OF THE DWELLING UNITS
 ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (II) NOT LESS THAN AN  ADDI-
 TIONAL  TEN  PERCENT  OF THE DWELLING UNITS ARE AFFORDABLE HOUSING SIXTY
 PERCENT UNITS; AND (III) NOT LESS THAN AN ADDITIONAL FIVE PERCENT OF THE
 DWELLING UNITS ARE AFFORDABLE HOUSING EIGHTY PERCENT UNITS.
   (C) "AFFORDABILITY OPTION B" SHALL  MEAN  THAT,  WITHIN  ANY  ELIGIBLE
 MULTIPLE  DWELLING,  NOT  LESS THAN TWENTY PERCENT OF THE DWELLING UNITS
 ARE AFFORDABLE HOUSING NINETY PERCENT UNITS.
   (D) "AFFORDABILITY OPTION C"  SHALL  ONLY  APPLY  TO  A  HOMEOWNERSHIP
 PROJECT,  OF  WHICH ONE HUNDRED PERCENT OF THE UNITS SHALL, UPON INITIAL
 SALE IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE AND UPON EACH  SUBSE-
 QUENT  SALE  FOR  FORTY  YEARS  IMMEDIATELY SUBSEQUENT TO THE COMPLETION
 DATE, BE AFFORDABLE TO INDIVIDUALS OR FAMILIES  WHOSE  HOUSEHOLD  INCOME
 DOES  NOT  EXCEED  ONE HUNDRED THIRTY PERCENT OF THE AREA MEDIAN INCOME,
 ADJUSTED FOR FAMILY SIZE, AND WHERE EACH OWNER OF ANY  SUCH  UNIT  SHALL
 AGREE,  IN WRITING, TO MAINTAIN SUCH UNIT AS THEIR PRIMARY RESIDENCE FOR
 NO LESS THAN FIVE YEARS FROM THE ACQUISITION  OF  SUCH  UNIT,  AND  SUCH
 S. 8006--A                         90                         A. 9006--A
 
 PROJECT  IS SUBJECT TO A REGULATORY AGREEMENT WITH A CITY OR STATE AGEN-
 CY.
   (E) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF
 WHICH  IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE
 DWELLING AND THE DENOMINATOR OF WHICH IS THE TOTAL  NUMBER  OF  DWELLING
 UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING.
   (F) "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
 THAT:  (I)  IS  SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH
 ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
 EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD
 IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR  FAMILIES
 WHOSE  HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN
 INCOME, ADJUSTED FOR FAMILY  SIZE,  AT  THE  TIME  THAT  SUCH  HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT.
   (G) "AFFORDABLE HOUSING SIXTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
 THAT:  (I)  IS  SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH
 ANNY PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
 EACH  SUBSEQUENT  RENTAL  FOLLOWING  A  VACANCY  DURING  THE  APPLICABLE
 RESTRICTION  PERIOD,  IS  AFFORDABLE  TO  AND RESTRICTED TO OCCUPANCY BY
 INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME  DOES  NOT  EXCEED  SIXTY
 PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
 THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
   (H)  "AFFORDABLE  HOUSING  EIGHTY  PERCENT UNIT" SHALL MEAN A DWELLING
 UNIT THAT: (I) IS SITUATED WITHIN THE  ELIGIBLE  MULTIPLE  DWELLING  FOR
 WHICH  ANNY  PROGRAM  BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL
 AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE  APPLICA-
 BLE  RESTRICTION PERIOD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY
 INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES  NOT  EXCEED  EIGHTY
 PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
 THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
   (I)  "AFFORDABLE  HOUSING  NINETY  PERCENT UNIT" SHALL MEAN A DWELLING
 UNIT THAT: (I) IS SITUATED WITHIN THE  ELIGIBLE  MULTIPLE  DWELLING  FOR
 WHICH  ANNY  PROGRAM  BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL
 AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE  APPLICA-
 BLE  RESTRICTION PERIOD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY
 INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES  NOT  EXCEED  NINETY
 PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
 THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
   (J) "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL-
 LY,  AFFORDABLE  HOUSING  FORTY  PERCENT UNITS, AFFORDABLE HOUSING SIXTY
 PERCENT UNITS, AFFORDABLE HOUSING EIGHTY PERCENT UNITS,  AND  AFFORDABLE
 HOUSING NINETY PERCENT UNITS.
   (K)  "AGENCY"  SHALL  MEAN  THE DEPARTMENT OF HOUSING PRESERVATION AND
 DEVELOPMENT.
   (L) "ALTERNATIVE CONSTRUCTION WAGE STANDARD" SHALL  BE  DEFINED  AS  A
 WAGE STANDARD FOR CONSTRUCTION WORKERS DOING CONSTRUCTION WORK THAT MAY,
 AT  THE  DISCRETION  OF  THE COMMISSIONER OF LABOR, BE DETERMINED BY THE
 COMMISSIONER OF LABOR. IN PUBLISHING SUCH STANDARD, THE COMMISSIONER  OF
 LABOR,  IN  CONSULTATION  WITH THE COMMISSIONER OF HOUSING AND COMMUNITY
 RENEWAL, SHALL CONSIDER ECONOMIC INDICATORS THE  COMMISSIONER  OF  LABOR
 DEEMS  RELEVANT TO ENSURING THE ECONOMIC FEASIBILITY OF AFFORDABLE HOUS-
 ING DEVELOPMENT.
   (M) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS.
   (N) "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO THE AGGREGATE
 AMOUNT OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO, OR ON BEHALF  OF,
 S. 8006--A                         91                         A. 9006--A
 
 CONSTRUCTION  WORKERS  FOR  CONSTRUCTION  WORK  DIVIDED BY THE AGGREGATE
 NUMBER OF HOURS OF CONSTRUCTION WORK.
   (O)  "BROOKLYN  PRIME  DEVELOPMENT  AREA"  SHALL MEAN ANY TAX LOTS NOW
 EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN COMMUNI-
 TY BOARDS ONE OR TWO OF THE BOROUGH OF BROOKLYN BOUNDED AND DESCRIBED AS
 FOLLOWS: ALL THAT PIECE OR PARCEL OF  LAND  SITUATE  AND  BEING  IN  THE
 BOROUGHS  OF  QUEENS  AND BROOKLYN, NEW YORK.  BEGINNING AT THE POINT OF
 INTERSECTION OF THE CENTERLINE OF NEWTOWN CREEK AND THE WESTERLY  BOUNDS
 OF  THE EAST RIVER; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF NEWTOWN
 CREEK, SAID CENTERLINE ALSO BEING THE BOUNDARY BETWEEN QUEENS COUNTY  TO
 THE  NORTHEAST AND KINGS COUNTY TO THE SOUTHWEST, TO THE POINT OF INTER-
 SECTION WITH GREENPOINT AVENUE; THENCE  SOUTHWESTERLY  ALONG  GREENPOINT
 AVENUE,  TO  THE  INTERSECTION  WITH KINGS LAND AVENUE; THENCE SOUTHERLY
 ALONG KINGSLAND AVENUE TO THE INTERSECTION WITH  MEEKER  AVENUE;  THENCE
 SOUTHWESTERLY  ALONG  MEEKER  AVENUE  TO  THE  INTERSECTION WITH LEONARD
 STREET; THENCE SOUTHERLY ALONG LEONARD STREET TO THE  INTERSECTION  WITH
 METROPOLITAN  AVENUE;  THENCE  WESTERLY ALONG METROPOLITAN AVENUE TO THE
 INTERSECTION WITH LORIMER STREET; THENCE SOUTHERLY ALONG LORIMER  STREET
 TO THE INTERSECTION WITH MONTROSE AVENUE; THENCE WESTERLY ALONG MONTROSE
 AVENUE  TO  THE  INTERSECTION  WITH UNION AVENUE; THENCE SOUTHERLY ALONG
 UNION AVENUE TO THE INTERSECTION WITH JOHNSON  AVENUE;  THENCE  WESTERLY
 ALONG JOHNSON AVENUE TO THE INTERSECTION WITH BROADWAY; THENCE NORTHWES-
 TERLY  ALONG  BROADWAY  TO THE INTERSECTION WITH RUTLEDGE STREET; THENCE
 SOUTHWESTERLY ALONG RUTLEDGE STREET TO THE INTERSECTION WITH KENT AVENUE
 AND CLASSON AVENUE; THENCE SOUTHWESTERLY  AND  SOUTHERLY  ALONG  CLASSON
 AVENUE  TO  THE  INTERSECTION  WITH DEKALB AVENUE; THENCE WESTERLY ALONG
 DEKALB AVENUE TO THE INTERSECTION WITH BOND STREET; THENCE SOUTHWESTERLY
 ALONG BOND STREET  TO  THE  INTERSECTION  WITH  WYCKOFF  STREET;  THENCE
 NORTHWESTERLY ALONG WYCKOFF STREET TO THE INTERSECTION WITH HOYT STREET;
 THENCE  SOUTHWESTERLY  ALONG HOYT STREET TO THE INTERSECTION WITH WARREN
 STREET; THENCE NORTHWESTERLY ALONG WARREN  STREET  TO  THE  INTERSECTION
 WITH COURT STREET; THENCE NORTHEASTERLY ALONG COURT STREET TO THE INTER-
 SECTION  WITH  ATLANTIC  AVENUE;  THENCE  NORTHWESTERLY  ALONG  ATLANTIC
 AVENUE, CROSSING UNDER THE BROOKLYN QUEENS EXPRESSWAY, TO  THE  TERMINUS
 OF  ATLANTIC AVENUE AT THE BROOKLYN BRIDGE PARK/PIER 6; THENCE NORTHWES-
 TERLY PASSING THROUGH THE BROOKLYN BRIDGE PARK TO THE  BULKHEAD  OF  THE
 EAST  RIVER AT PIER 6; THENCE IN A GENERAL NORTHEASTERLY DIRECTION ALONG
 THE EASTERLY BULKHEAD OR SHORELINE OF THE EAST RIVER TO THE INTERSECTION
 WITH THE CENTERLINE OF NEWTOWN CREEK, AND THE POINT OR PLACE  OF  BEGIN-
 NING.
   (P) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
 EMPLOYED  AT,  AND  PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
 NANCE OF, AN ELIGIBLE SITE, INCLUDING, BUT NOT LIMITED TO,  A  WATCHMAN,
 GUARD,  DOORMAN,  BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, GARDENER,
 GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND  WINDOW  CLEANER,  BUT
 NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS
 PER WEEK AT THE ELIGIBLE SITE.
   (Q)  "COMMENCEMENT  DATE"  SHALL  MEAN,  WITH  RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING, THE DATE UPON WHICH EXCAVATION  AND  CONSTRUCTION  OF
 INITIAL  FOOTINGS  AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR
 AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL  CONSTRUCTION  OF
 THE  CONVERSION,  ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING
 OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH.
   (R) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE  MULTI-
 PLE  DWELLING,  THE  DATE  UPON  WHICH THE LOCAL DEPARTMENT OF BUILDINGS
 S. 8006--A                         92                         A. 9006--A
 
 ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY  COVER-
 ING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELLING.
   (S)  "CONSTRUCTION  PERIOD"  SHALL  MEAN, WITH RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE-
 MENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR THREE YEARS  BEFORE  THE
 COMPLETION  DATE  OF SUCH ELIGIBLE MULTIPLE DWELLING; AND (II) ENDING ON
 THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE  MULTIPLE  DWELL-
 ING.
   (T)  "CONSTRUCTION  WAGE"  SHALL  MEAN,  COLLECTIVELY, THE ALTERNATIVE
 CONSTRUCTION WAGE STANDARD AND THE AVERAGE HOURLY WAGE.
   (U) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED ON
 AN ELIGIBLE SITE BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION  DATE,
 WHEREBY  MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO INITIALLY FORM,
 MAKE OR BUILD AN ELIGIBLE MULTIPLE DWELLING, INCLUDING  WITHOUT  LIMITA-
 TION,  PAINTING,  OR PROVIDING OF MATERIAL, ARTICLES, SUPPLIES OR EQUIP-
 MENT IN THE ELIGIBLE MULTIPLE DWELLING, BUT EXCLUDING SECURITY PERSONNEL
 AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES.
   (V)  "CONSTRUCTION  WORKERS"  SHALL  MEAN   ALL   PERSONS   PERFORMING
 CONSTRUCTION  WORK  WHO (I) ARE PAID ON AN HOURLY BASIS AND (II) ARE NOT
 IN A MANAGEMENT OR EXECUTIVE ROLE OR POSITION.
   (W) "CONTRACTOR CERTIFIED  PAYROLL  REPORT"  SHALL  MEAN  AN  ORIGINAL
 PAYROLL  REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE INDE-
 PENDENT MONITOR SETTING FORTH TO THE BEST OF THE  CONTRACTOR'S  OR  SUB-
 CONTRACTOR'S  KNOWLEDGE,  THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK
 PERFORMED BY CONSTRUCTION WORKERS, THE  AMOUNT  OF  WAGES  AND  EMPLOYEE
 BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.
   (X)  "ELIGIBLE  CONVERSION"  SHALL  MEAN THE CONVERSION, ALTERATION OR
 IMPROVEMENT OF A PRE-EXISTING  BUILDING  OR  STRUCTURE  RESULTING  IN  A
 MULTIPLE  DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE FLOOR
 AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE.
   (Y) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN  A  MULTIPLE  DWELLING  OR
 HOMEOWNERSHIP  PROJECT  CONTAINING  SIX  OR  MORE DWELLING UNITS CREATED
 THROUGH NEW CONSTRUCTION OR ELIGIBLE CONVERSION FOR WHICH THE  COMMENCE-
 MENT  DATE  IS  AFTER  JUNE FIFTEENTH, TWO THOUSAND TWENTY-TWO AND ON OR
 BEFORE JUNE FIFTEENTH, TWO THOUSAND  TWENTY-SEVEN,  AND  FOR  WHICH  THE
 COMPLETION DATE IS ON OR BEFORE JUNE FIFTEENTH, TWO THOUSAND THIRTY-ONE.
   (Z)  "ELIGIBLE  SITE"  SHALL  MEAN EITHER: (I) A TAX LOT CONTAINING AN
 ELIGIBLE MULTIPLE DWELLING; OR (II) A ZONING LOT CONTAINING TWO OR  MORE
 ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION.
   (AA) "EMPLOYEE BENEFITS" SHALL MEAN ALL SUPPLEMENTAL COMPENSATION PAID
 BY  THE  EMPLOYER,  ON BEHALF OF CONSTRUCTION WORKERS, OTHER THAN WAGES,
 INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS  MADE  INTO
 PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY
 COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND
 APPRENTICESHIP  TRAINING.  THE  VALUE  OF ANY EMPLOYEE BENEFITS RECEIVED
 SHALL BE DETERMINED BASED ON THE PRORATED HOURLY COST TO THE EMPLOYER OF
 THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS.
   (BB) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER  OR  OTHER  ANALOGOUS
 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (CC)  "FLOOR  AREA"  SHALL  MEAN  THE  HORIZONTAL AREAS OF THE SEVERAL
 FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO-
 RY STRUCTURES ON A LOT MEASURED FROM  THE  EXTERIOR  FACES  OF  EXTERIOR
 WALLS, OR FROM THE CENTER LINE OF PARTY WALLS.
   (DD)  "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW-INCOME HOUSING
 TAX CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH  (B)
 S. 8006--A                         93                         A. 9006--A

 OF  PARAGRAPH (1) OF SUBSECTION (B) OF SECTION FORTY-TWO OF THE INTERNAL
 REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
   (EE) "FORTY-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD,
 A  ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN
 ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (II) FOR THE FIRST  FORTY  YEARS
 OF  THE  RESTRICTION  PERIOD,  A ONE HUNDRED PERCENT EXEMPTION FROM REAL
 PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   (FF) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE  DWELLING  OPERATED
 AS CONDOMINIUM OR COOPERATIVE HOUSING.
   (GG)  "HOMEOWNERSHIP  PROJECT  RESTRICTION PERIOD" SHALL MEAN A PERIOD
 COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH  ANNIVER-
 SARY  OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION OR
 REVOCATION OF ANNY PROGRAM BENEFITS.
   (HH) "INDEPENDENT MONITOR" SHALL MEAN AN ACCOUNTANT  LICENSED  AND  IN
 GOOD  STANDING  PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCA-
 TION LAW.
   (II) "JOB ACTION" SHALL MEAN ANY DELAY, INTERRUPTION  OR  INTERFERENCE
 WITH  THE CONSTRUCTION WORK CAUSED BY THE ACTIONS OF ANY LABOR ORGANIZA-
 TION OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE SITE,  INCLUD-
 ING  WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES, WALK
 OUTS, SLOWDOWNS, PICKETING,  BANNERING,  HAND  BILLING,  DEMONSTRATIONS,
 SICKOUTS,  REFUSALS  TO  CROSS  A PICKET LINE, REFUSALS TO HANDLE STRUCK
 BUSINESS, AND USE OF THE RAT OR OTHER  INFLATABLE  BALLOONS  OR  SIMILAR
 DISPLAYS.
   (JJ)  "LARGE  RENTAL PROJECT" SHALL MEAN AN ELIGIBLE MULTIPLE DWELLING
 CONSISTING OF THIRTY OR MORE RESIDENTIAL DWELLING  UNITS  IN  WHICH  ALL
 DWELLING  UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUS-
 ING.
   (KK) "LARGE RENTAL PROJECT RESTRICTION PERIOD"  SHALL  MEAN  A  PERIOD
 COMMENCING  ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITH-
 STANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROGRAM BENEFITS.
   (LL) "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX  LOTS,  NOW
 EXISTING  OR HEREAFTER CREATED, LOCATED ENTIRELY SOUTH OF 96TH STREET IN
 THE BOROUGH OF MANHATTAN.
   (MM) "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE  MULTIPLE
 DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
   (NN)  "MULTIPLE  DWELLING"  SHALL  HAVE  THE SAME MEANING SET FORTH IN
 SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   (OO) "NON-RESIDENTIAL TAX LOT" SHALL MEAN A  TAX  LOT  THAT  DOES  NOT
 CONTAIN ANY DWELLING UNITS.
   (PP)  PRIME  DEVELOPMENT AREA" SHALL MEAN THE MANHATTAN PRIME DEVELOP-
 MENT AREA, THE BROOKLYN PRIME DEVELOPMENT  AREA  AND  THE  QUEENS  PRIME
 DEVELOPMENT AREA.
   (QQ)  "PROJECT  LABOR  AGREEMENT"  SHALL  MEAN  A  PRE-HIRE COLLECTIVE
 BARGAINING AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS  OF  EMPLOY-
 MENT FOR THE CONSTRUCTION WORKERS ON AN ELIGIBLE SITE.
   (RR)  "PROJECT-WIDE  CERTIFIED  PAYROLL REPORT" SHALL MEAN A CERTIFIED
 PAYROLL REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE FISCAL  OFFI-
 CER  BASED  ON EACH CONTRACTOR CERTIFIED PAYROLL REPORT WHICH SETS FORTH
 THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION
 WORKERS, THE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO  CONSTRUCTION
 WORKERS FOR CONSTRUCTION WORK AND THE CONSTRUCTION WAGE.
   (SS)  "QUEENS  PRIME  DEVELOPMENT  AREA"  SHALL  MEAN ANY TAX LOTS NOW
 EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN COMMUNI-
 TY BOARDS ONE OR TWO OF THE BOROUGH OF QUEENS BOUNDED AND  DESCRIBED  AS
 FOLLOWS:  ALL  THAT  PIECE  OR  PARCEL  OF LAND SITUATE AND BEING IN THE
 S. 8006--A                         94                         A. 9006--A
 
 BOROUGHS OF QUEENS AND BROOKLYN, NEW YORK.  BEGINNING AT THE POINT BEING
 THE INTERSECTION OF THE EASTERLY SHORE OF THE EAST RIVER WITH A LINE  OF
 PROLONGATION OF 20TH AVENUE PROJECTED NORTHWESTERLY; THENCE SOUTHEASTER-
 LY  ON  THE LINE OF PROLONGATION OF 20TH AVENUE AND ALONG 20TH AVENUE TO
 THE INTERSECTION WITH  31ST  STREET;  THENCE  SOUTHWESTERLY  ALONG  31ST
 STREET TO THE INTERSECTION WITH NORTHERN BOULEVARD; THENCE SOUTHWESTERLY
 ALONG  NORTHERN  BOULEVARD  TO  THE  INTERSECTION WITH QUEENS BOULEVARD;
 THENCE SOUTHEASTERLY ALONG QUEENS BOULEVARD TO THE INTERSECTION WITH VAN
 DAM STREET; THENCE SOUTHERLY ALONG VAN DAM STREET  TO  THE  INTERSECTION
 WITH  BORDEN  AVENUE;  THENCE  SOUTHWESTERLY ALONG VAN DAM STREET TO THE
 INTERSECTION WITH GREENPOINT AVENUE AND REVIEW AVENUE; THENCE  SOUTHWES-
 TERLY  ALONG  GREENPOINT  AVENUE  TO  THE POINT OF INTERSECTION WITH THE
 CENTERLINE OF NEWTOWN CREEK, SAID CENTERLINE OF NEWTOWN CREEK ALSO BEING
 THE BOUNDARY BETWEEN QUEENS COUNTY TO THE NORTH AND KINGS COUNTY TO  THE
 SOUTH;  THENCE NORTHWESTERLY ALONG THE CENTERLINE OF NEWTOWN CREEK, ALSO
 BEING THE BOUNDARY BETWEEN QUEENS COUNTY AND KINGS COUNTY TO ITS  INTER-
 SECTION  WITH THE EASTERLY BOUNDS OF THE EAST RIVER; THENCE IN A GENERAL
 NORTHEASTERLY DIRECTION ALONG THE EASTERLY BULKHEAD OR SHORELINE OF  THE
 EAST RIVER TO THE POINT OR PLACE OF BEGINNING.
   (TT)  "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILI-
 ZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION  CODE,
 AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS
 IN  EFFECT  AS  OF  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
 THOUSAND TWENTY-TWO THAT ADDED THIS SECTION OR  AS  AMENDED  THEREAFTER,
 TOGETHER  WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTAN-
 TIALLY THE SAME SUBJECT MATTER.
   (UU) "RENTAL PROJECT" SHALL MEAN, COLLECTIVELY, LARGE  RENTAL  PROJECT
 AND SMALL RENTAL PROJECT.
   (VV) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
 UNITS.
   (WW)  "SMALL  RENTAL PROJECT" SHALL MEAN AN ELIGIBLE MULTIPLE DWELLING
 CONSISTING OF LESS THAN THIRTY RESIDENTIAL DWELLING UNITS IN  WHICH  ALL
 DWELLING  UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUS-
 ING.
   (XX) "SMALL RENTAL PROJECT RESTRICTION PERIOD"  SHALL  MEAN  A  PERIOD
 COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE THIRTY-FIFTH ANNI-
 VERSARY  OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION
 OR REVOCATION OF ANNY PROJECT BENEFITS.
   (YY) "TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF  AN  EXEMPT
 FACILITY  BOND,  AS  DEFINED  IN  PARAGRAPH  SEVEN  OF SUBSECTION (A) OF
 SECTION ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE  OF  NINETEEN
 HUNDRED  EIGHTY-SIX,  AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM
 TAXATION UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF
 NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
   (ZZ) "THIRD-PARTY FUND ADMINISTRATOR" SHALL BE A PERSON OR ENTITY THAT
 RECEIVES FUNDS PURSUANT TO SUBDIVISION THREE OF THIS SECTION  AND  OVER-
 SEES  AND  MANAGES  THE DISBURSAL OF SUCH FUNDS TO CONSTRUCTION WORKERS.
 THE THIRD-PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY  APPROVED
 BY THE FISCAL OFFICER AND RECOMMENDED BY ONE, OR MORE, REPRESENTATIVE OR
 REPRESENTATIVES  OF  THE  LARGEST  TRADE ASSOCIATION OF RESIDENTIAL REAL
 ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY
 AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE
 LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION  WORKERS,  WITH
 MEMBERSHIP  IN  NEW YORK CITY.  THE THIRD-PARTY FUND ADMINISTRATOR SHALL
 BE APPOINTED FOR A TERM OF THREE  YEARS,  PROVIDED,  HOWEVER,  THAT  THE
 ADMINISTRATOR IN PLACE AT THE END OF A THREE-YEAR TERM SHALL CONTINUE TO
 S. 8006--A                         95                         A. 9006--A
 
 SERVE  BEYOND  THE  END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS
 APPOINTED.  THE FISCAL OFFICER AFTER PROVIDING NOTICE AND AFTER  MEETING
 WITH  THE  THIRD-PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR
 FOR CAUSE UPON A FISCAL OFFICER DETERMINATION THAT THE ADMINISTRATOR HAS
 BEEN INEFFECTIVE AT OVERSEEING OR MANAGING THE DISBURSAL OF FUNDS TO THE
 CONSTRUCTION  WORKERS.  THE THIRD-PARTY FUND ADMINISTRATOR SHALL, AT THE
 REQUEST OF THE FISCAL OFFICER, SUBMIT REPORTS TO THE FISCAL OFFICER.
   (AAA) "THIRTY-FIVE YEAR BENEFIT" SHALL MEAN: (I) FOR THE  CONSTRUCTION
 PERIOD,  A  ONE  HUNDRED  PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,
 OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST  TWEN-
 TY-FIVE  YEARS  OF  THE  SMALL  RENTAL PROJECT RESTRICTION PERIOD OR THE
 LARGE RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE,  A  ONE  HUNDRED
 PERCENT  EXEMPTION  FROM  REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS
 FOR LOCAL IMPROVEMENTS; AND (III) FOR THE FINAL TEN YEARS OF  THE  SMALL
 RENTAL PROJECT RESTRICTION PERIOD OR FOR THE NEXT TEN YEARS OF THE LARGE
 RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE, AN EXEMPTION FROM REAL
 PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, EQUAL
 TO THE AFFORDABILITY PERCENTAGE.
   (BBB) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS OF
 ANY KIND PAID TO, OR ON  BEHALF  OF,  CONSTRUCTION  WORKERS,  INCLUDING,
 WITHOUT  LIMITATION,  ANY  HOURLY  COMPENSATION  PAID  DIRECTLY  TO  THE
 CONSTRUCTION WORKER, TOGETHER WITH EMPLOYEE BENEFITS,  SUCH  AS  HEALTH,
 WELFARE,  NON-OCCUPATIONAL  DISABILITY  COVERAGE,  RETIREMENT,  VACATION
 BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP  TRAINING,  AND
 PAYROLL  TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL AMOUNTS
 PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI-
 TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL
 UNEMPLOYMENT INSURANCE AND PURSUANT TO THE  FEDERAL  INSURANCE  CONTRIB-
 UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER.
   2.  BENEFIT.  IN  CITIES  HAVING  A POPULATION OF ONE MILLION OR MORE,
 NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS  SECTION
 OR  OF  ANY  GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, NEW ELIGIBLE
 MULTIPLE DWELLINGS, EXCEPT HOTELS, THAT COMPLY WITH  THE  PROVISIONS  OF
 THIS  SECTION  SHALL  BE  EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN
 ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR  THE  PERIODS
 SPECIFIED  IN  THIS  SECTION.  A  RENTAL  PROJECT  THAT MEETS ALL OF THE
 REQUIREMENTS OF THIS SECTION SHALL RECEIVE A  THIRTY-FIVE  YEAR  BENEFIT
 AND  A  HOMEOWNERSHIP PROJECT THAT MEETS ALL OF THE REQUIREMENTS OF THIS
 SECTION SHALL RECEIVE A FORTY-YEAR BENEFIT.
   3. RENTAL PROJECTS. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN
 THIS SECTION, RENTAL PROJECTS CONTAINING THREE HUNDRED  OR  MORE  RENTAL
 DWELLING  UNITS  LOCATED  WITHIN THE PRIME DEVELOPMENT AREA SHALL COMPLY
 WITH THE REQUIREMENTS SET FORTH IN THIS SUBDIVISION.   FOR  PURPOSES  OF
 THIS  SUBDIVISION, "CONTRACTOR" SHALL MEAN ANY ENTITY WHICH BY AGREEMENT
 WITH ANOTHER PARTY, INCLUDING  SUB-CONTRACTORS,  UNDERTAKES  TO  PERFORM
 CONSTRUCTION  WORK  AT  AN  ELIGIBLE  SITE AND "APPLICANT" SHALL MEAN AN
 APPLICANT FOR ANNY PROGRAM BENEFITS AND ANY SUCCESSOR THERETO.
   (A) SUCH RENTAL PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION A.
   (B) CONSTRUCTION WORKERS ON AN  ELIGIBLE  SITE  WITHIN  THE  MANHATTAN
 PRIME  DEVELOPMENT  AREA  SHALL  BE  PAID  ACCORDING  TO THE ALTERNATIVE
 CONSTRUCTION WAGE STANDARD, WHICH MAY, AT THE DISCRETION OF THE  COMMIS-
 SIONER  OF LABOR, BE DETERMINED BY THE COMMISSIONER OF LABOR. UNTIL SUCH
 TIME AS SUCH STANDARD IS DETERMINED BY THE COMMISSIONER  OF  LABOR,  THE
 MINIMUM  AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN ELIGIBLE
 SITE WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA SHALL BE NO  LESS  THAN
 SIXTY-THREE  DOLLARS  PER  HOUR. ONE YEAR FROM THE EFFECTIVE DATE OF THE
 S. 8006--A                         96                         A. 9006--A
 
 CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT ADDED  THIS  SECTION
 AND  EVERY THREE YEARS THEREAFTER, THE MINIMUM AVERAGE HOURLY WAGE SHALL
 BE INCREASED BY FIVE PERCENT; PROVIDED, HOWEVER, THAT ANY BUILDING  WITH
 A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH INCREASE SHALL BE REQUIRED
 TO  PAY  THE MINIMUM AVERAGE HOURLY WAGE AS REQUIRED ON ITS COMMENCEMENT
 DATE.
   (C) CONSTRUCTION WORKERS ON AN ELIGIBLE SITE WITHIN THE BROOKLYN PRIME
 DEVELOPMENT AREA OR THE QUEENS PRIME  DEVELOPMENT  AREA  SHALL  BE  PAID
 ACCORDING  TO  THE ALTERNATIVE CONSTRUCTION WAGE STANDARD, WHICH MAY, AT
 THE DISCRETION OF THE  COMMISSIONER  OF  LABOR,  BE  DETERMINED  BY  THE
 COMMISSIONER OF LABOR. UNTIL SUCH TIME AS SUCH STANDARD IS DETERMINED BY
 THE  COMMISSIONER  OF  LABOR,  THE  MINIMUM  AVERAGE HOURLY WAGE PAID TO
 CONSTRUCTION WORKERS ON AN  ELIGIBLE  SITE  WITHIN  THE  BROOKLYN  PRIME
 DEVELOPMENT  AREA  OR THE QUEENS PRIME DEVELOPMENT AREA SHALL BE NO LESS
 THAN FORTY-SEVEN DOLLARS AND TWENTY-FIVE CENTS PER HOUR. ONE  YEAR  FROM
 THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO
 THAT  ADDED  THIS  SECTION AND EVERY THREE YEARS THEREAFTER, THE MINIMUM
 AVERAGE HOURLY WAGE SHALL BE INCREASED BY FIVE PERCENT; PROVIDED, HOWEV-
 ER, THAT ANY BUILDING WITH A COMMENCEMENT DATE PRIOR TO THE DATE OF SUCH
 INCREASE SHALL BE REQUIRED TO PAY THE MINIMUM  AVERAGE  HOURLY  WAGE  AS
 REQUIRED ON ITS COMMENCEMENT DATE.
   (D)  THE  REQUIREMENTS  OF  PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION
 SHALL NOT BE APPLICABLE TO:
   (I) AN ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY  PERCENT  OF
 THE  DWELLING  UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL
 FOLLOWING A VACANCY DURING THE LARGE RENTAL PROJECT RESTRICTION  PERIOD,
 ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
 WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY PERCENT OF THE AREA MEDIAN
 INCOME,  ADJUSTED  FOR  FAMILY  SIZE,  AT  THE  TIME THAT SUCH HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT;
   (II) ANY PORTION OF AN ELIGIBLE MULTIPLE DWELLING WHICH IS  OWNED  AND
 OPERATED AS A CONDOMINIUM OR COOPERATIVE; OR
   (III) AT THE OPTION OF THE APPLICANT, TO AN ELIGIBLE SITE SUBJECT TO A
 PROJECT LABOR AGREEMENT.
   (E)  THE  APPLICANT  SHALL CONTRACT WITH AN INDEPENDENT MONITOR.  SUCH
 INDEPENDENT MONITOR SHALL SUBMIT TO THE FISCAL OFFICER WITHIN  ONE  YEAR
 OF  THE COMPLETION DATE, A PROJECT-WIDE CERTIFIED PAYROLL REPORT. IN THE
 EVENT SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE
 FISCAL OFFICER WITHIN THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT
 TO A FINE OF ONE THOUSAND DOLLARS PER  WEEK,  OR  ANY  PORTION  THEREOF;
 PROVIDED  THAT  THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
 IN THE EVENT THAT THE WAGE PAID IS LESS THAN THE CONSTRUCTION  WAGE  SET
 FORTH  IN  PARAGRAPH  (B)  OR (C) OF THIS SUBDIVISION AS APPLICABLE, THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT SHALL ALSO SET FORTH THE AMOUNT OF
 SUCH DEFICIENCY.
   (F) THE CONTRACTOR CERTIFIED PAYROLL REPORT SHALL BE SUBMITTED BY EACH
 CONTRACTOR AND SUB-CONTRACTOR  NO  LATER  THAN  NINETY  DAYS  AFTER  THE
 COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN
 THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT
 THE  CONTRACTOR  CERTIFIED  PAYROLL REPORT WITHIN THE TIME PRESCRIBED IN
 THIS PARAGRAPH, THE INDEPENDENT MONITOR SHALL NOTIFY THE FISCAL  OFFICER
 AND  THE  FISCAL  OFFICER SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR
 SUB-CONTRACTOR IN THE AMOUNT OF ONE THOUSAND DOLLARS PER  WEEK,  OR  ANY
 PORTION  THEREOF,  PROVIDED  THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE
 THOUSAND DOLLARS.
 S. 8006--A                         97                         A. 9006--A
 
   (G) IN THE EVENT THAT THE PROJECT-WIDE CERTIFIED PAYROLL REPORT  SHOWS
 THAT  THE WAGE PAID AS REQUIRED BY PARAGRAPH (B) OR (C) OF THIS SUBDIVI-
 SION, AS APPLICABLE, WAS NOT PAID, IF THE WAGE PAID  IS  WITHIN  FIFTEEN
 PERCENT  OF  THE  CONSTRUCTION  WAGE REQUIRED BY PARAGRAPH (B) OR (C) OF
 THIS  SUBDIVISION,  AS APPLICABLE, THEN NO LATER THAN ONE HUNDRED TWENTY
 DAYS FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED  PAYROLL
 REPORT, THE APPLICANT SHALL PAY TO THE THIRD-PARTY FUND ADMINISTRATOR AN
 AMOUNT  EQUAL  TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE PROJECT-
 WIDE CERTIFIED PAYROLL REPORT. THE THIRD-PARTY FUND ADMINISTRATOR  SHALL
 DISTRIBUTE  SUCH  PAYMENT  TO  THE  CONSTRUCTION  WORKERS  WHO PERFORMED
 CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH REPAYMENT,
 THE THIRD-PARTY FUND ADMINISTRATOR SHALL SUBMIT TO THE FISCAL OFFICER  A
 PLAN  SUBJECT  TO THE FISCAL OFFICER'S APPROVAL SETTING FORTH THE MANNER
 IN WHICH THE THIRD-PARTY FUND  ADMINISTRATOR  WILL  REACH  THE  REQUIRED
 CONSTRUCTION WAGE WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT
 FROM  THE APPLICANT AND HOW ANY REMAINING FUNDS WILL BE DISBURSED IN THE
 EVENT THAT THE THIRD-PARTY  FUND  ADMINISTRATOR  CANNOT  DISTRIBUTE  THE
 FUNDS  TO  THE  CONSTRUCTION WORKERS WITHIN ONE YEAR OF RECEIVING FISCAL
 OFFICER APPROVAL. IN THE EVENT THAT THE APPLICANT  FAILS  TO  MAKE  SUCH
 PAYMENT  WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARAGRAPH, THE APPLI-
 CANT SHALL BE SUBJECT TO  A  FINE  OF  ONE  THOUSAND  DOLLARS  PER  WEEK
 PROVIDED  THAT  THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
 IF THE WAGE PAID IS MORE THAN FIFTEEN  PERCENT  BELOW  THE  CONSTRUCTION
 WAGE  REQUIRED  BY PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, AS APPLICA-
 BLE, THEN NO LATER THAN  ONE  HUNDRED  TWENTY  DAYS  FROM  THE  DATE  OF
 SUBMISSION  OF SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT
 SHALL PAY TO THE THIRD-PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL  TO  THE
 AMOUNT  OF  THE DEFICIENCY SET FORTH IN THE PROJECT-WIDE PAYROLL REPORT.
 THE THIRD-PARTY FUND ADMINISTRATOR SHALL DISTRIBUTE SUCH PAYMENT TO  THE
 CONSTRUCTION  WORKERS  WHO  PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE
 SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR
 SHALL SUBMIT TO THE FISCAL OFFICER A PLAN SUBJECT TO  THE  FISCAL  OFFI-
 CER'S  APPROVAL  SETTING  FORTH THE MANNER IN WHICH THE THIRD-PARTY FUND
 ADMINISTRATOR WILL REACH  THE  REQUIRED  CONSTRUCTION  WAGE  WITHIN  ONE
 HUNDRED  FIFTY  DAYS OF RECEIVING THE PAYMENT FROM THE APPLICANT AND HOW
 ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE  THIRD-PARTY
 FUND ADMINISTRATOR CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORK-
 ERS  WITHIN  ONE YEAR OF RECEIVING FISCAL OFFICER APPROVAL. IN ADDITION,
 THE FISCAL OFFICER SHALL IMPOSE A PENALTY ON THE APPLICANT IN AN  AMOUNT
 EQUAL  TO TWENTY-FIVE PERCENT OF THE AMOUNT OF THE DEFICIENCY, PROVIDED,
 HOWEVER, THAT THE FISCAL OFFICER SHALL NOT IMPOSE SUCH PENALTY WHERE THE
 ELIGIBLE MULTIPLE DWELLING HAS BEEN THE SUBJECT OF A  JOB  ACTION  WHICH
 RESULTS  IN  A WORK DELAY. IN THE EVENT THAT THE APPLICANT FAILS TO MAKE
 SUCH PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN  THIS  PARAGRAPH,  THE
 APPLICANT  SHALL  BE SUBJECT TO A FINE OF ONE THOUSAND DOLLARS PER WEEK,
 PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE  THOUSAND  DOLLARS.
 NOTWITHSTANDING  ANY  PROVISION OF THIS SUBDIVISION, THE APPLICANT SHALL
 NOT BE LIABLE IN ANY RESPECT  WHATSOEVER  FOR  ANY  PAYMENTS,  FINES  OR
 PENALTIES  RELATED  TO  OR  RESULTING FROM CONTRACTOR FRAUD, MISTAKE, OR
 NEGLIGENCE OR FOR FRAUDULENT OR INACCURATE CONTRACTOR CERTIFIED  PAYROLL
 REPORTS  OR  FOR FRAUDULENT OR INACCURATE PROJECT-WIDE CERTIFIED PAYROLL
 REPORTS, PROVIDED, HOWEVER, THAT PAYMENT TO THE THIRD-PARTY FUND  ADMIN-
 ISTRATOR  IN  THE AMOUNT SET FORTH IN THE PROJECT-WIDE CERTIFIED PAYROLL
 REPORT AS DESCRIBED IN  THIS  PARAGRAPH  SHALL  STILL  BE  MADE  BY  THE
 CONTRACTOR OR SUB-CONTRACTOR IN THE EVENT OF UNDERPAYMENT RESULTING FROM
 OR  CAUSED  BY  THE CONTRACTOR OR SUB-CONTRACTOR, AND THAT THE APPLICANT
 S. 8006--A                         98                         A. 9006--A
 
 WILL BE LIABLE FOR UNDERPAYMENT TO THE  THIRD-PARTY  FUND  ADMINISTRATOR
 UNLESS  THE  FISCAL OFFICER DETERMINES, IN ITS SOLE DISCRETION, THAT THE
 UNDERPAYMENT WAS THE RESULT OF, OR CAUSED BY, CONTRACTOR FRAUD,  MISTAKE
 OR  NEGLIGENCE  AND/OR FOR FRAUDULENT OR INACCURATE CONTRACTOR CERTIFIED
 PAYROLL REPORTS  AND/OR  PROJECT-WIDE  CERTIFIED  PAYROLL  REPORTS.  THE
 APPLICANT  SHALL  OTHERWISE NOT BE LIABLE IN ANY WAY WHATSOEVER ONCE THE
 PAYMENT TO THE THIRD-PARTY FUND  ADMINISTRATOR  HAS  BEEN  MADE  IN  THE
 AMOUNT  SET  FORTH  IN  THE PROJECT-WIDE CERTIFIED PAYROLL REPORT. OTHER
 THAN THE UNDERPAYMENT, WHICH MUST BE PAID TO THE THIRD-PARTY FUND ADMIN-
 ISTRATOR, ALL FINES AND PENALTIES SET FORTH IN THIS SUBDIVISION  IMPOSED
 BY THE FISCAL OFFICER SHALL BE PAID TO THE AGENCY AND USED BY THE AGENCY
 TO PROVIDE AFFORDABLE HOUSING.
   (H) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CONFER A PRIVATE
 RIGHT OF ACTION TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION, PROVIDED,
 HOWEVER,  THAT  THIS  SENTENCE SHALL NOT BE CONSTRUED AS A WAIVER OF ANY
 EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR REPRESENTATIVES RELATED
 TO WAGE AND BENEFIT COLLECTION, WAGE THEFT OR OTHER LABOR PROTECTIONS OR
 RIGHTS AND PROVIDED, FURTHER, THAT NOTHING IN THIS SUBDIVISION  RELIEVES
 ANY OBLIGATIONS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
   (I)  THE FISCAL OFFICER SHALL HAVE THE SOLE AUTHORITY TO DETERMINE AND
 ENFORCE ANY LIABILITY FOR UNDERPAYMENT OWING  TO  THE  THIRD-PARTY  FUND
 ADMINISTRATOR  FROM  THE APPLICANT AND/OR THE CONTRACTOR, AS A RESULT OF
 CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCU-
 RATE CONTRACTOR CERTIFIED PAYROLL REPORTS AND/OR PROJECT-WIDE  CERTIFIED
 PAYROLL REPORTS, AS SET FORTH IN PARAGRAPH (F) OF THIS SUBDIVISION.  THE
 FISCAL  OFFICER SHALL EXPEDITIOUSLY CONDUCT AN INVESTIGATION AND HEARING
 AT THE NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS, SHALL
 DETERMINE THE ISSUES RAISED THEREON AND SHALL MAKE AND FILE AN ORDER  IN
 HIS  OR HER OFFICE STATING SUCH DETERMINATION AND FORTHWITH SERVE A COPY
 OF SUCH ORDER, EITHER PERSONALLY OR BY MAIL,  TOGETHER  WITH  NOTICE  OF
 FILING, UPON THE PARTIES TO SUCH PROCEEDINGS. THE FISCAL OFFICER IN SUCH
 AN INVESTIGATION SHALL BE DEEMED TO BE ACTING IN A JUDICIAL CAPACITY AND
 SHALL  HAVE  THE  RIGHT TO ISSUE SUBPOENAS, ADMINISTER OATHS AND EXAMINE
 WITNESSES. THE ENFORCEMENT OF A SUBPOENA  ISSUED  UNDER  THIS  PARAGRAPH
 SHALL  BE  REGULATED  BY THE CIVIL PRACTICE LAW AND RULES. THE FILING OF
 SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCK-
 ETED IN THE OFFICE OF THE COUNTY CLERK. THE ORDER MAY BE ENFORCED BY AND
 IN THE NAME OF THE FISCAL OFFICER IN THE  SAME  MANNER,  AND  WITH  LIKE
 EFFECT,  AS  THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE
 ENFORCEMENT OF A MONEY JUDGMENT.
   4. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT  TO
 THIS  SECTION,  THE  OWNER  OF  ANY ELIGIBLE SITE RECEIVING ANNY PROGRAM
 BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH ANNY PROGRAM BENEFITS
 ARE IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS:
   (A) WITH RESPECT TO EACH ELIGIBLE  MULTIPLE  DWELLING  CONSTRUCTED  ON
 SUCH  ELIGIBLE  SITE,  REAL  PROPERTY TAXES ON THE ASSESSED VALUATION OF
 SUCH LAND AND ANY IMPROVEMENTS THEREON IN EFFECT  DURING  THE  TAX  YEAR
 PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH-
 OUT  REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION
 IN EFFECT DURING SUCH TAX YEAR,  WHICH  REAL  PROPERTY  TAXES  SHALL  BE
 CALCULATED  USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE;
 AND
   (B) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   5. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE  AGGREGATE
 FLOOR  AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN
 AN ELIGIBLE SITE, OTHER THAN PARKING WHICH  IS  LOCATED  NOT  MORE  THAN
 S. 8006--A                         99                         A. 9006--A
 
 TWENTY-THREE  FEET  ABOVE  THE CURB LEVEL, EXCEEDS TWELVE PERCENT OF THE
 AGGREGATE FLOOR AREA IN SUCH ELIGIBLE SITE, ANY  ANNY  PROGRAM  BENEFITS
 SHALL  BE  REDUCED  BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE
 SITE  CONTAINS  MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION
 IN ANNY PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA  AMONG  ANY
 NON-RESIDENTIAL  TAX  LOTS.  AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE
 FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN
 ANNY PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA  AMONG  THE
 REMAINING RESIDENTIAL TAX LOTS.
   6.  CALCULATION  OF  BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
 CERTIFYING THE APPLICANT'S ELIGIBILITY FOR ANNY  PROGRAM  BENEFITS,  THE
 ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO
 BE EXEMPTED.
   7.  AFFORDABILITY  REQUIREMENTS.  A  LARGE RENTAL PROJECT SHALL COMPLY
 WITH AFFORDABILITY OPTION A FOR THE DURATION OF THE LARGE RENTAL PROJECT
 RESTRICTION PERIOD. A SMALL RENTAL PROJECT SHALL COMPLY WITH AFFORDABIL-
 ITY OPTION B FOR THE DURATION OF THE SMALL  RENTAL  PROJECT  RESTRICTION
 PERIOD. A HOMEOWNERSHIP PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION C
 FOR  THE  DURATION OF THE HOMEOWNERSHIP PROJECT RESTRICTION PERIOD. SUCH
 ELECTION SHALL BE MADE IN THE APPLICATION AND SHALL  NOT  THEREAFTER  BE
 CHANGED.
   (A)  ALL  RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
 SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS MARKET RATE UNITS IN
 SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A  SPECIFIC
 FLOOR  OR AREA OF AN ELIGIBLE MULTIPLE DWELLING.  COMMON ENTRANCES SHALL
 MEAN ANY AREA REGULARLY USED BY ANY RESIDENT OF A RENTAL  DWELLING  UNIT
 IN  THE  ELIGIBLE  MULTIPLE  DWELLING  FOR  INGRESS AND EGRESS FROM SUCH
 ELIGIBLE MULTIPLE DWELLING.
   (B) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR  LOCAL
 HOUSING  PROGRAM, EITHER (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
 MULTIPLE DWELLING SHALL HAVE A  UNIT  MIX  PROPORTIONAL  TO  THE  MARKET
 UNITS, OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN
 AN  ELIGIBLE  MULTIPLE  DWELLING  SHALL HAVE TWO OR MORE BEDROOMS AND NO
 MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE
 LESS THAN ONE BEDROOM.
   (C) NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA-
 RY, ALL AFFORDABLE HOUSING UNITS SHALL  REMAIN  FULLY  SUBJECT  TO  RENT
 STABILIZATION   BOTH   DURING  AND  SUBSEQUENT  TO  THE  SMALL  BUILDING
 RESTRICTION PERIOD OR THE LARGE BUILDING RESTRICTION PERIOD, AS APPLICA-
 BLE.
   (D) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO  BE  FILED  SHALL
 CONTAIN  A  DESIGNATION  THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING
 UNITS CREATED PURSUANT TO THIS SECTION AS "ANNY PROGRAM AFFORDABLE HOUS-
 ING UNITS" AND SHALL CONTAIN AN EXPLANATION  OF  THE  REQUIREMENTS  THAT
 APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS.
   (E)  FAILURE  TO  COMPLY  WITH THE PROVISIONS OF THIS SUBDIVISION THAT
 REQUIRE THE CREATION, MAINTENANCE,  RENT  STABILIZATION  COMPLIANCE  AND
 OCCUPANCY OF AFFORDABLE HOUSING UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP
 PROJECT  THE  FAILURE TO COMPLY WITH AFFORDABILITY OPTION C SHALL RESULT
 IN REVOCATION OF ANY ANNY PROGRAM BENEFITS FOR THE PERIOD OF  SUCH  NON-
 COMPLIANCE.
   (F)  NOTHING  IN  THIS  SECTION SHALL (I) PROHIBIT THE OCCUPANCY OF AN
 AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME  AT  ANY
 TIME  IS  LESS  THAN  THE  MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME,
 ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR  SUCH  AFFORDABLE  HOUSING  UNIT
 PURSUANT TO THIS SECTION, OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE SITE
 S. 8006--A                         100                        A. 9006--A
 
 FROM  REQUIRING,  UPON  INITIAL  RENTAL  OR  UPON ANY RENTAL FOLLOWING A
 VACANCY, THE OCCUPANCY OF ANY AFFORDABLE  HOUSING  UNIT  BY  SUCH  LOWER
 INCOME INDIVIDUALS OR FAMILIES.
   (G)  FOLLOWING  ISSUANCE  OF  A TEMPORARY CERTIFICATE OF OCCUPANCY AND
 UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL  PROMPTLY
 BE  OFFERED  FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT
 EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN  INCOME,  ADJUSTED  FOR
 FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS
 SECTION  AND  WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR
 PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT SHALL NOT BE (I) RENTED TO
 A CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (II) HELD OFF THE  MARKET
 FOR  A  PERIOD  LONGER  THAN  IS REASONABLY NECESSARY TO PERFORM REPAIRS
 NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY.
   (H) AN AFFORDABLE HOUSING UNIT SHALL NOT BE  RENTED  ON  A  TEMPORARY,
 TRANSIENT  OR  SHORT-TERM  BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN
 AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT  THE
 OPTION OF THE TENANT.
   (I)  AN AFFORDABLE HOUSING RENTAL UNIT SHALL NOT BE CONVERTED TO COOP-
 ERATIVE OR CONDOMINIUM OWNERSHIP.
   (J) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS  THE  AGENCY
 DEEMS NECESSARY OR APPROPRIATE FOR (I) THE MARKETING OF AFFORDABLE HOUS-
 ING  UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (II) MONI-
 TORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, AND (III) THE
 MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN
 EXEMPTION PURSUANT TO THIS SUBDIVISION. SUCH REQUIREMENTS  MAY  INCLUDE,
 BUT  NEED  NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE AGENCY
 AND PAID FOR BY THE OWNER.
   (K) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE  CONTRARY,  A
 MARKET  UNIT  SHALL  NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE
 ABSENCE OF ANNY PROGRAM BENEFITS, THE UNIT  WOULD  BE  SUBJECT  TO  RENT
 STABILIZATION.
   8.  BUILDING  SERVICE EMPLOYEES. (A) FOR THE PURPOSES OF THIS SUBDIVI-
 SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS, ANY
 SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
 EES FOR SUCH APPLICANT,  INCLUDING,  BUT  NOT  LIMITED  TO,  A  PROPERTY
 MANAGEMENT COMPANY OR CONTRACTOR.
   (B)  ALL  BUILDING  SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
 ELIGIBLE SITE SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURA-
 TION OF THE APPLICABLE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH  BENE-
 FITS ARE REVOKED OR TERMINATED.
   (C)  THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
 OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS,  THE  FISCAL  OFFICER
 SHALL HAVE THE POWER:
   (I)  TO  INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE
 THE PREVAILING WAGES FOR BUILDING  SERVICE  EMPLOYEES;  IN  MAKING  SUCH
 INVESTIGATION,  THE  FISCAL  OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT
 DATA FROM VARIOUS SOURCES, INCLUDING,  BUT  NOT  LIMITED  TO,  DATA  AND
 DETERMINATIONS   OF  FEDERAL,  STATE  OR  OTHER  GOVERNMENTAL  AGENCIES,
 PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT  SHALL  NOT  BE
 CONSIDERED WAGES OR A FRINGE BENEFIT;
   (II)  TO  INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR
 ELSEWHERE;
   (III) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS  PERTAINING  TO  THE
 WAGES  PAID  TO,  AND  THE  HOURS OF WORK PERFORMED BY, BUILDING SERVICE
 EMPLOYEES;
 S. 8006--A                         101                        A. 9006--A
 
   (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO  ISSUE  SUBPOE-
 NAS,  ADMINISTER  OATHS  AND  EXAMINE  WITNESSES;  THE  ENFORCEMENT OF A
 SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY  THE  CIVIL
 PRACTICE LAW AND RULES;
   (V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
 NIZED  OCCUPATIONAL  CATEGORY  OF  THE BUILDING SERVICE EMPLOYEES AND TO
 DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE  BUILDING  SERVICE
 EMPLOYEES IN SUCH CLASSIFICATION;
   (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
 OF  THE  WAGES  ACTUALLY  PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
 EMPLOYEES AND OF THEIR HOURS OF WORK;
   (VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY  OR
 OTHER AUTHORIZED REPRESENTATIVE;
   (VIII)  TO  PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR
 THE  PROPER  EXECUTION  OF  THE  DUTIES,  RESPONSIBILITIES  AND   POWERS
 CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS PARAGRAPH; AND
   (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE
 PROVISIONS  OF  THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH (B) OF
 THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE  THE  PAYMENT  OF:  (A)
 BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES
 THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
 AND/OR  (C) REASONABLE ATTORNEY'S FEES. IF THE FISCAL OFFICER FINDS THAT
 THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS  SUBPARA-
 GRAPH,  HE  OR  SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE
 AGENCY.
   (D) PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
   (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN  THREE  HUNDRED
 DWELLING UNITS; OR
   (II)  AN ELIGIBLE MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS
 ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN  FIFTY  PERCENT  OF  SUCH
 AFFORDABLE  HOUSING  UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT
 RENTAL FOLLOWING A VACANCY ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY
 BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY
 PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
 THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
   (E) THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION,
 AND ANNUALLY THEREAFTER,  CERTIFYING  THAT  IT  SHALL  COMPLY  WITH  THE
 REQUIREMENTS OF THIS SUBDIVISION.
   (F)  THE  AGENCY  SHALL  ANNUALLY PUBLISH A LIST OF ALL ELIGIBLE SITES
 SUBJECT TO  THE  REQUIREMENTS  OF  THIS  PARAGRAPH  AND  THE  AFFIDAVITS
 REQUIRED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
   9. REPLACEMENT RATIO. IF THE LAND ON WHICH AN ELIGIBLE SITE IS LOCATED
 CONTAINED  ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCEMENT DATE
 OF THE FIRST ELIGIBLE MULTIPLE  DWELLING  THEREON,  THEN  SUCH  ELIGIBLE
 MULTIPLE  DWELLING OR DWELLINGS BUILT THEREON SHALL CONTAIN AT LEAST ONE
 AFFORDABLE HOUSING UNIT FOR EACH DWELLING UNIT THAT EXISTED ON SUCH DATE
 AND WAS THEREAFTER DEMOLISHED, REMOVED OR RECONFIGURED.
   10. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
 RECEIVING ANNY PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM  OR
 ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
   11.   VOLUNTARY   RENUNCIATION  OR  TERMINATION.  NOTWITHSTANDING  THE
 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO  THE  CONTRARY,  AN
 OWNER  SHALL  NOT  BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANNY
 PROGRAM BENEFITS UNLESS  THE  AGENCY  AUTHORIZES  SUCH  RENUNCIATION  OR
 TERMINATION  IN  CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION
 S. 8006--A                         102                        A. 9006--A
 
 PURSUANT TO EITHER THE PRIVATE  HOUSING  FINANCE  LAW  OR  SECTION  FOUR
 HUNDRED TWENTY-C OF THIS TITLE.
   12. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE ANNY
 PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION: PROVIDED, HOWEVER,
 THAT  THE AGENCY SHALL NOT TERMINATE OR REVOKE ANNY PROGRAM BENEFITS FOR
 A FAILURE TO COMPLY WITH SUBDIVISION THREE OF  THIS  SECTION,  WITH  THE
 EXCEPTION  OF  PARAGRAPH  (A)  OF  SUCH SUBDIVISION. IF AN APPLICANT HAS
 COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH B OF  SUBDI-
 VISION  8  OF  THIS  SECTION  WITHIN  A FIVE-YEAR PERIOD, THE AGENCY MAY
 REVOKE ANY BENEFITS UNDER THIS SECTION. FOR PURPOSES OF THIS  PARAGRAPH,
 A  "VIOLATION"  OF PARAGRAPH B OF SUBDIVISION 8 OF THIS SECTION SHALL BE
 DEEMED A FINDING BY THE FISCAL OFFICER THAT THE APPLICANT HAS FAILED  TO
 COMPLY  WITH PARAGRAPH B OF SUBDIVISION 8 OF THIS SECTION AND HAS FAILED
 TO CURE THE DEFICIENCY WITHIN THREE MONTHS OF SUCH FINDING.    PROVIDED,
 HOWEVER,  THAT  AFTER  A  SECOND  SUCH VIOLATION, THE APPLICANT SHALL BE
 NOTIFIED THAT ANY FURTHER VIOLATION MAY  RESULT  IN  THE  REVOCATION  OF
 BENEFITS UNDER THIS SECTION AND THAT THE FISCAL OFFICER SHALL PUBLISH ON
 ITS  WEBSITE  A LIST OF ALL APPLICANTS WITH TWO VIOLATIONS AS DEFINED IN
 THIS PARAGRAPH. IF ANNY PROGRAM BENEFITS ARE TERMINATED OR  REVOKED  FOR
 NONCOMPLIANCE WITH THIS SECTION: (A) ALL OF THE AFFORDABLE HOUSING UNITS
 SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF
 THIS  SECTION  FOR THE APPLICABLE RESTRICTION PERIOD, AND ANY ADDITIONAL
 PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY PROGRAM  BENE-
 FITS  HAD  NOT  BEEN  TERMINATED  OR REVOKED; OR (B) FOR A HOMEOWNERSHIP
 PROJECT, SUCH  PROJECT  SHALL  CONTINUE  TO  COMPLY  WITH  AFFORDABILITY
 REQUIREMENTS  SET  FORTH  IN  THIS SECTION AND ALL OTHER REQUIREMENTS OF
 THIS SECTION FOR  THE  RESTRICTION  PERIOD  AND  ANY  ADDITIONAL  PERIOD
 EXPRESSLY  PROVIDED IN THIS SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD
 NOT BEEN TERMINATED OR REVOKED.
   13. POWERS CUMULATIVE. THE  ENFORCEMENT  PROVISIONS  OF  THIS  SECTION
 SHALL  NOT  BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME-
 DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR  AVAILABLE  AT
 LAW OR IN EQUITY.
   14. MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS,
 AN  APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX
 LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR ANNY  PROGRAM  BENEFITS
 BASED  UPON  THE  TAX LOTS INCLUDED IN SUCH APPLICATION AND BENEFITS FOR
 EACH MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE  OF  SUCH
 MULTIPLE DWELLING.
   15.  APPLICATIONS.  (A)  THE  APPLICATION WITH RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR
 AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING.
   (B) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,  SPECIAL  OR  LOCAL
 LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
 FILED ELECTRONICALLY.
   (C)  THE  AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER
 SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF  AN  APPLICA-
 TION.  A  FALSE  CERTIFICATION  BY  SUCH  ARCHITECT OR ENGINEER SHALL BE
 DEEMED TO BE PROFESSIONAL  MISCONDUCT  PURSUANT  TO  SECTION  SIXTY-FIVE
 HUNDRED  NINE  OF  THE  EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH
 MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
 TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
 SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW AND SHALL  THERE-
 AFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION.
   (D)  THE  AGENCY  SHALL  NOT  REQUIRE  THAT  THE APPLICANT DEMONSTRATE
 COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION THREE OF  THIS  SECTION,
 S. 8006--A                         103                        A. 9006--A
 
 WITH  THE  EXCEPTION OF PARAGRAPH (A) OF SUCH SUBDIVISION AS A CONDITION
 TO APPROVAL OF THE APPLICATION.
   16.  FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND
 DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY  APPLICATION.  HOWEVER,
 THE AGENCY MAY PROMULGATE RULES IMPOSING A LESSER FEE FOR ELIGIBLE SITES
 CONTAINING  ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE SUBSTANTIAL
 ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR
 LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A  PROGRAM  FOR
 THE DEVELOPMENT OF AFFORDABLE HOUSING.
   17.  RULES. EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND EIGHT OF THIS
 SECTION, THE AGENCY  SHALL  HAVE  THE  SOLE  AUTHORITY  TO  ENFORCE  THE
 PROVISIONS  OF  THIS  SECTION  AND MAY PROMULGATE RULES TO CARRY OUT THE
 PROVISIONS OF THIS SECTION.
   18. ELECTION. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE  CONTRA-
 RY,  A  SMALL  RENTAL  PROJECT,  LARGE  RENTAL  PROJECT OR HOMEOWNERSHIP
 PROJECT WITH A COMMENCEMENT DATE ON OR BEFORE JUNE FIFTEENTH, TWO  THOU-
 SAND  TWENTY-TWO THAT HAS NOT RECEIVED BENEFITS PURSUANT TO SECTION FOUR
 HUNDRED TWENTY-ONE-A OF THIS TITLE PRIOR TO THE EFFECTIVE  DATE  OF  THE
 CHAPTER  OF  THE LAWS OF TWO THOUSAND TWENTY-TWO THAT ADDED THIS SECTION
 MAY ELECT TO COMPLY WITH THIS SECTION AND RECEIVE ANNY PROGRAM  BENEFITS
 PURSUANT TO THIS SECTION.
   19.  REPORTING.  ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, THE COMMIS-
 SIONER OF THE NEW YORK  CITY  DEPARTMENT  OF  HOUSING  PRESERVATION  AND
 DEVELOPMENT  SHALL  ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
 DENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  SETTING  FORTH  THE
 NUMBER  OF  TOTAL  PROJECTS  AND  UNITS CREATED BY THIS SECTION BY YEAR,
 LEVEL OF AFFORDABILITY, AND  COMMUNITY  BOARD,  THE  COST  OF  THE  ANNY
 PROGRAM, AND OTHER SUCH FACTORS AS THE COMMISSIONER OF THE NEW YORK CITY
 DEPARTMENT  OF  HOUSING  PRESERVATION AND DEVELOPMENT DEEMS APPROPRIATE.
 THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT MAY
 REQUEST AND SHALL RECEIVE COOPERATION AND ASSISTANCE  FROM  ALL  DEPART-
 MENTS,  DIVISIONS,  BOARDS,  BUREAUS, COMMISSIONS, PUBLIC BENEFIT CORPO-
 RATIONS OR AGENCIES OF THE STATE OF NEW YORK, THE CITY OF  NEW  YORK  OR
 ANY  OTHER POLITICAL SUBDIVISIONS THEREOF, OR ANY ENTITY RECEIVING BENE-
 FITS PURSUANT TO THIS SECTION.
   20. PENALTIES FOR VIOLATIONS OF  LARGE  RENTAL  PROJECT  AFFORDABILITY
 REQUIREMENTS.  (A)  ON  AND AFTER THE EXPIRATION DATE OF THE THIRTY-FIVE
 YEAR BENEFIT FOR A LARGE RENTAL PROJECT, THE AGENCY  MAY  IMPOSE,  AFTER
 NOTICE  AND  AN OPPORTUNITY TO BE HEARD, A FINE FOR ANY VIOLATION OF THE
 AFFORDABILITY REQUIREMENTS OF SUBDIVISION SEVEN OF THIS SECTION BY  SUCH
 LARGE RENTAL PROJECT.
   §  2.  Subdivision  3  of section 224-a of the labor law is amended to
 read as follows:
    3. FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT OF
 PUBLIC FUNDS" SHALL NOT INCLUDE:
   A. BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL  PROP-
 ERTY TAX LAW;
   B.  FUNDS  THAT ARE NOT PROVIDED PRIMARILY TO PROMOTE, INCENTIVIZE, OR
 ENSURE THAT CONSTRUCTION WORK IS PERFORMED,  WHICH  WOULD  OTHERWISE  BE
 CAPTURED IN SUBDIVISION TWO OF THIS SECTION;
   C. FUNDS USED TO INCENTIVIZE OR ENSURE THE DEVELOPMENT OF A COMPREHEN-
 SIVE  SEWAGE  SYSTEM,  INCLUDING  CONNECTION  TO EXISTING SEWER LINES OR
 CREATION OF NEW SEWAGE LINES OR SEWER CAPACITY, PROVIDED, HOWEVER,  THAT
 SUCH  WORK  SHALL  BE  DEEMED  TO  BE  A  PUBLIC  WORK COVERED UNDER THE
 PROVISIONS OF THIS ARTICLE;
 S. 8006--A                         104                        A. 9006--A
 
   D. TAX BENEFITS PROVIDED FOR PROJECTS THE LENGTH OR VALUE OF WHICH ARE
 NOT ABLE TO BE CALCULATED AT THE TIME THE WORK IS TO BE PERFORMED;
   E.  TAX BENEFITS RELATED TO BROWNFIELD REMEDIATION OR BROWNFIELD REDE-
 VELOPMENT PURSUANT TO SECTION TWENTY-ONE, TWENTY-TWO, ONE HUNDRED EIGHT-
 Y-SEVEN-G OR ONE HUNDRED EIGHTY-SEVEN-H  OF  THE  TAX  LAW,  SUBDIVISION
 SEVENTEEN  OR  EIGHTEEN  OF  SECTION  TWO  HUNDRED TEN-B OF THE TAX LAW,
 SUBSECTION (DD) OR (EE) OF SECTION SIX HUNDRED SIX OF THE  TAX  LAW,  OR
 SUBDIVISION (U) OR (V) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE TAX LAW;
   F.  FUNDS  PROVIDED  PURSUANT  TO SUBDIVISION THREE OF SECTION TWENTY-
 EIGHT HUNDRED FIFTY-THREE OF THE EDUCATION LAW; [and]
   G. ANY OTHER PUBLIC MONIES, CREDITS, SAVINGS OR LOANS,  DETERMINED  BY
 THE PUBLIC SUBSIDY BOARD CREATED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF
 THIS ARTICLE AS EXEMPT FROM THIS DEFINITION[.]; AND
   H. BENEFITS UNDER SECTION FOUR HUNDRED EIGHTY-FIVE-W OF THE REAL PROP-
 ERTY TAX LAW.
   § 3. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the applicable effective date of Parts A through II of this act shall be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8006--B
 
                             I N  S E N A T E
 
                             January 19, 2022
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read twice and ordered printed, and  when  printed
   to  be  committed to the Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the education law, in relation to school  contracts  for
   excellence; to amend the education law, in relation to foundation aid;
   to  amend the education law, in relation to maintenance of equity aid;
   to amend the education law, in relation to building aid  and  the  New
   York  state  energy  research  and  development authority P-12 schools
   clean green  schools  initiative;  to  amend  the  education  law,  in
   relation  to  modifying  the  length  of school sessions; to amend the
   education law, in relation to supplemental public excess cost aid;  to
   amend  the  education law, in relation to academic enhancement aid; to
   amend the education law, in relation to high tax  aid;  to  amend  the
   education  law, in relation to extending the statewide universal full-
   day pre-kindergarten program; to amend the education law, in  relation
   to  state  aid  adjustments; to amend chapter 756 of the laws of 1992,
   relating to funding a program for work force  education  conducted  by
   the  consortium  for worker education in New York city, in relation to
   reimbursement for the 2022-2023 school year, withholding a portion  of
   employment preparation education aid and in relation to the effective-
   ness  thereof;  to  amend chapter 169 of the laws of 1994, relating to
   certain provisions related to the 1994-95  state  operations,  aid  to
   localities,  capital projects and debt service budgets, in relation to
   the effectiveness thereof; to amend chapter 147 of the laws  of  2001,
   amending  the  education  law  relating  to conditional appointment of
   school district, charter school or BOCES employees, in relation to the
   effectiveness thereof; to amend chapter  425  of  the  laws  of  2002,
   amending  the  education law relating to the provision of supplemental
   educational services, attendance at  a  safe  public  school  and  the
   suspension  of pupils who bring a firearm to or possess a firearm at a
   school, in relation to making certain provisions thereof permanent; to
   amend the No Child Left Behind Act of 2001, in relation to making  the
   provisions  thereof  permanent;  to  amend  chapter 121 of the laws of
   1996, relating to authorizing the Roosevelt union free school district
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12672-04-2
 S. 8006--B                          2
 
   to finance deficits by the issuance of serial bonds,  in  relation  to
   the  amounts  of such apportionments; to amend part B of chapter 57 of
   the laws of 2008 amending the education law relating to the  universal
   prekindergarten  program, in relation to the effectiveness thereof; to
   amend chapter 552 of the laws of  1995,  amending  the  education  law
   relating  to  contracts  for the transportation of school children, in
   relation to the effectiveness thereof; providing for school bus driver
   training  grants;  providing  for  special  apportionment  for  salary
   expenses;  providing  for  special  apportionment  for  public pension
   accruals; to amend the education law, in relation  to  permitting  the
   city  school  district  of  the  city  of  Rochester  to  make certain
   purchases from the board of cooperative educational  services  of  the
   supervisory  district  serving  its  geographic  region; providing for
   set-asides from the state funds which certain districts are  receiving
   from  the  total  foundation  aid;  providing  for  support  of public
   libraries; and providing for the repeal  of  certain  provisions  upon
   expiration  thereof  (Part A); to amend the education law, in relation
   to the  reconciliation  process  for  special  education  schools  and
   replacing the current rate-setting methodology; 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 education law, in relation to aid for career education;
   to amend part A of chapter 56 of the laws of 2021, relating to funding
   from the elementary and secondary school emergency relief  fund  allo-
   cated  by  the American rescue plan act of 2021, in relation to school
   funding plans; to amend the education law, in relation  to  the  addi-
   tional  apportionment  of  building aid for certain projects; to amend
   the education law, in relation to  computation  of  pupil  counts  and
   related  factors;  to  repeal  section  3614  of the education law, in
   relation to statements of total  funding  allocations;  to  amend  the
   education law, in relation to reserve funds for 4201 schools; to amend
   part A of chapter 56 of the laws of 2021, relating to approved private
   schools serving certain students with disabilities, special act school
   districts and approved preschool special class and special class in an
   integrated  setting  programs  experiencing  enrollment decreases as a
   result of the state disaster emergency declared pursuant to  Executive
   Order 202 of 2020, in relation to student enrollment of special educa-
   tion schools; to amend the education law, in relation to the community
   school  act;  to authorize the Peekskill city school district to apply
   to the commissioner of education  to  receive  an  apportionment;  and
   making  an  appropriation  therefor (Part A-1); to amend the education
   law and the local finance law, in  relation  to  zero-emission  school
   buses  (Subpart A); to  amend  the  transportation  law,  in  relation
   to the purchase of zero-emission buses; and to  amend    the    public
   authorities  law  and  the  general municipal law, in relation to  the
   procurement of  electric-powered  buses,  vehicles  or  other  related
   equipment (Subpart B); and to  amend the executive law, in relation to
   purchasing or leasing of zero emission vehicles for state-owned  vehi-
   cle fleets; and to amend the  public  authorities  law, in relation to
   creating  a  zero emission   transit   and  school bus roadmap for the
   state (Subpart C) (Part B); intentionally omitted (Part C);  to  amend
   the  education law, in relation to state appropriations for reimburse-
   ment of tuition credits (Part D);  to  amend  the  education  law,  in
   relation  to the expansion of the part-time tuition assistance program
   (Part E); to amend the  education  law,  in  relation  to  eligibility
   requirements and conditions for tuition assistance program awards; and
 S. 8006--B                          3
 
   to  repeal certain provisions of the education law relating to the ban
   on incarcerated individuals to be eligible to receive state aid  (Part
   F); to amend the education law, in relation to establishing the amount
   awarded for the excelsior scholarship (Part G); to amend the education
   law,  in  relation  to  including certain apprenticeships in the defi-
   nition of "eligible educational institution" for the  New  York  state
   college choice tuition savings program (Part H); intentionally omitted
   (Part I); to amend the education law, in relation to registration of a
   new curriculum or program of study offered by a not-for-profit college
   or  university  (Part  J);  to amend the business corporation law, the
   partnership law and the limited liability company law, in relation  to
   certified  public  accountants  (Part K); to amend the social services
   law, in relation to expanding child care assistance (Part  L);  inten-
   tionally  omitted  (Part M); to amend part C of chapter 83 of the laws
   of 2002, amending the executive law and other laws relating to funding
   for children and family services, in relation to extending the  effec-
   tiveness  thereof  (Part  N);  to  amend  the  social services law, in
   relation to reimbursement  for  a  portion  of  the  costs  of  social
   services  districts  for  care  provided  to foster children in insti-
   tutions, group residences, group homes, and agency  operated  boarding
   homes  (Part O); intentionally omitted (Part P); intentionally omitted
   (Part Q); to amend the executive law, in relation  to  increasing  the
   amount  of  reimbursement  the  division  of  veterans'  affairs shall
   provide to local veterans' service agencies for the  cost  of  mainte-
   nance  of such agencies (Part R); 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 S); to amend part W
   of  chapter  54  of  the laws of 2016 amending the social services law
   relating to the powers  and  duties  of  the  commissioner  of  social
   services  relating  to  the  appointment  of  a temporary operator, in
   relation to the effectiveness thereof (Part T); to  amend  the  social
   services law, in relation to the public benefits and requirements; and
   to  repeal  certain  provisions of such law relating thereto (Part U);
   intentionally omitted (Part V); intentionally omitted (Part W); inten-
   tionally omitted (Part X); intentionally omitted (Part Y); to  utilize
   reserves  in  the mortgage insurance fund for various housing purposes
   (Part Z); intentionally omitted (Part AA); intentionally omitted (Part
   BB); intentionally omitted (Part CC); intentionally omitted (Part DD);
   intentionally omitted (Part EE); intentionally omitted (Part  FF);  to
   amend  the  executive  law,  the public authorities law and the county
   law, in relation to  requiring  certain  documents  and  forms  to  be
   provided  in multiple languages (Part GG); to amend the retirement and
   social security law, in relation to waiving approval and income  limi-
   tations  on retirees employed in a school district or a board of coop-
   erative educational services; and providing for  the  repeal  of  such
   provisions  upon  expiration  thereof (Part HH); intentionally omitted
   (Part II); to amend the labor law, in relation  to  employer  contrib-
   utions  to the unemployment insurance fund and the unemployment insur-
   ance maximum benefit rate (Part JJ); to amend the  education  law,  in
   relation  to  mandatory university fees (Part KK); to amend the educa-
   tion law, in relation to funds concerning state university health care
   facilities (Part LL); to amend  the  education  law,  in  relation  to
   increasing the income eligibility threshold for the tuition assistance
   program  (Part  MM);  to  amend the public housing law, in relation to
   establishing the housing access voucher program (Part  NN);  to  amend
   the  social  services  law,  in relation to the low-income home energy
 S. 8006--B                          4
 
   assistance program (Subpart A); directing the office of temporary  and
   disability  assistance  to conduct a public outreach program regarding
   utilities assistance (Subpart B) (Part OO); and 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 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 2022-2023 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.
 
                                  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
 2021, 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
 S. 8006--B                          5
 
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year  and  provided  further  that,  a  school district that submitted a
 contract for excellence for  the  two  thousand  thirteen--two  thousand
 fourteen  school year, unless all schools in the district are identified
 as in good standing, shall submit a contract for excellence for the  two
 thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand  fourteen  school  year;  and  provided  further that, a school
 district that submitted a contract for excellence for the  two  thousand
 fourteen--two  thousand  fifteen  school year, unless all schools in the
 district are identified as in good standing, shall submit a contract for
 excellence for the two thousand  fifteen--two  thousand  sixteen  school
 year  which shall, notwithstanding the requirements of subparagraph (vi)
 of paragraph a of subdivision two  of  this  section,  provide  for  the
 expenditure  of  an  amount  which  shall  be  not  less than the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further that a school district that submitted a contract for  excellence
 for  the  two thousand fifteen--two thousand sixteen school year, unless
 all schools in the district are identified as in  good  standing,  shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of  subparagraph (vi) of paragraph a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand fifteen--two  thousand  sixteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand sixteen--two thousand  seventeen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 seventeen--two  thousand eighteen school year which shall, notwithstand-
 ing the requirements of subparagraph (vi) of paragraph a of  subdivision
 two  of  this  section,  provide  for the expenditure of an amount which
 shall be not less than the amount approved by the  commissioner  in  the
 contract  for  excellence  for  the  two  thousand sixteen--two thousand
 seventeen school year; and provided further that a school district  that
 submitted  a contract for excellence for the two thousand seventeen--two
 thousand eighteen school year, unless all schools in  the  district  are
 identified  as  in good standing, shall submit a contract for excellence
 for the two thousand eighteen--two thousand nineteen school  year  which
 shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
 graph a of subdivision two of this section, provide for the  expenditure
 of  an  amount  which  shall be not less than the amount approved by the
 commissioner in the contract for excellence for the two thousand  seven-
 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
 S. 8006--B                          6
 
 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
 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;  AND PROVIDED FURTHER THAT, A SCHOOL
 DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE  TWO  THOUSAND
 TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO 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--TWO  THOUSAND  TWENTY-
 THREE  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 TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR.
 For purposes of this paragraph, the "gap elimination adjustment percent-
 age" 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 adjust-
 ment computed pursuant to chapter fifty-three of the laws of  two  thou-
 sand  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 activities 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.  Subdivision  4  of  section 3602 of education law is amended by
 adding a new paragraph j to read as follows:
   J. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND
 TWENTY-THREE SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE
 S. 8006--B                          7
 
 CONTRARY,  FOUNDATION  AID  PAYABLE  IN THE TWO THOUSAND TWENTY-TWO--TWO
 THOUSAND TWENTY-THREE SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE TOTAL
 FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION  ONE
 OF  THIS  SECTION  PLUS  THE  GREATER OF (A) THE PRODUCT OF THE PHASE-IN
 FOUNDATION INCREASE FACTOR AS COMPUTED PURSUANT TO SUBPARAGRAPH (II)  OF
 PARAGRAPH  B  OF THIS SUBDIVISION MULTIPLIED BY THE POSITIVE DIFFERENCE,
 IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A  OF
 THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
 ANT  TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE PROD-
 UCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE  TOTAL  FOUNDATION  AID
 BASE  COMPUTED  PURSUANT  TO  PARAGRAPH  J  OF  SUBDIVISION  ONE OF THIS
 SECTION.
   § 3. Section 3602 of the education law is  amended  by  adding  a  new
 subdivision 4-a to read as follows:
   4-A.    FOUNDATION  AID  MAINTENANCE OF EQUITY AID. 1. FOR PURPOSES OF
 THIS SUBDIVISION THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
   A. "HIGH-NEED LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH (1) THE
 HIGHEST PERCENTAGE OF ECONOMICALLY DISADVANTAGED STUDENTS AS  CALCULATED
 BASED  ON  THE  MOST  RECENT  SMALL  AREA  INCOME  AND POVERTY ESTIMATES
 PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE  CUMULATIVE  SUM
 OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER THAN
 OR  EQUAL TO THE PRODUCT OF FIVE-TENTHS (0.5) AND THE STATEWIDE TOTAL OF
 SUCH ENROLLMENT.
   B. "HIGHEST-POVERTY LEAS" SHALL MEAN LOCAL EDUCATIONAL  AGENCIES  WITH
 (1)  THE  HIGHEST  PERCENTAGE  OF ECONOMICALLY DISADVANTAGED STUDENTS AS
 CALCULATED BASED ON THE MOST RECENT SMALL AREA INCOME AND POVERTY  ESTI-
 MATES PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE
 SUM  OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER
 THAN OR EQUAL TO THE PRODUCT OF TWO-TENTHS (0.2) AND THE STATEWIDE TOTAL
 OF SUCH ENROLLMENT.
   C. "ELIGIBLE DISTRICTS" SHALL MEAN SCHOOL DISTRICTS DEFINED  AS  HIGH-
 NEED  LEAS OR HIGHEST-POVERTY LEAS IN THE CURRENT YEAR WHICH ARE SUBJECT
 TO THE STATE LEVEL MAINTENANCE OF EQUITY  REQUIREMENT  IN  THE  AMERICAN
 RESCUE  PLAN  ACT  OF  2021, SECTION 2004, PART 1, SUBTITLE A, TITLE II,
 (PUBLIC LAW 117-2) FOR THE CURRENT YEAR.
   D. "STATE FUNDING" SHALL MEAN ANY APPORTIONMENT PROVIDED  PURSUANT  TO
 SECTIONS  SEVEN  HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-
 ONE, AND SEVEN HUNDRED FIFTY-THREE OF THIS CHAPTER  PLUS  APPORTIONMENTS
 PURSUANT  TO SUBDIVISIONS FOUR, FIVE-A, TEN, TWELVE, AND SIXTEEN OF THIS
 SECTION.
   E. "LOCAL EDUCATIONAL AGENCY ENROLLMENT" SHALL MEAN  THE  UNDUPLICATED
 COUNT  OF  ALL  CHILDREN  REGISTERED  TO RECEIVE EDUCATIONAL SERVICES IN
 GRADES KINDERGARTEN  THROUGH  TWELVE,  INCLUDING  CHILDREN  IN  UNGRADED
 PROGRAMS,  AS  REGISTERED  ON  THE  DATE PRIOR TO NOVEMBER FIRST THAT IS
 SPECIFIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING  DATE,  REGIS-
 TERED  IN A LOCAL EDUCATIONAL AGENCY AS DEFINED PURSUANT TO SECTION 7801
 OF TITLE 20 OF THE UNITED STATES CODE.
   2. ELIGIBLE DISTRICTS SHALL RECEIVE AN APPORTIONMENT OF FOUNDATION AID
 MAINTENANCE OF EQUITY AID IN THE CURRENT YEAR IF  THE  COMMISSIONER,  IN
 CONSULTATION  WITH  THE  DIRECTOR OF THE BUDGET, DETERMINES THE DISTRICT
 WOULD OTHERWISE RECEIVE A REDUCTION IN STATE  FUNDING  ON  A  PER  PUPIL
 BASIS  INCONSISTENT  WITH  THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
 REQUIREMENT. THIS APPORTIONMENT SHALL BE EQUAL TO THE  AMOUNT  NECESSARY
 TO  ENSURE COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
 REQUIREMENT.   THIS APPORTIONMENT SHALL BE  PAID  IN  THE  CURRENT  YEAR
 PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART.
 S. 8006--B                          8
 
   §  4.  Clause  (ii) of paragraph j of subdivision 1 of section 3602 of
 the education law, as amended by section 11 of part B of chapter  57  of
 the laws of 2007, is amended to read as follows:
   (ii)  For  aid  payable  in  the two thousand eight--two thousand nine
 school year and thereafter, the total foundation aid  base  shall  equal
 the  total  amount  a  district was eligible to receive in the base year
 pursuant to subdivision four of this section PLUS FOUNDATION AID MAINTE-
 NANCE OF EQUITY AID PURSUANT TO SUBDIVISION FOUR-A OF THIS SECTION.
   § 5. Section 3602-b of the education law is amended by  adding  a  new
 subdivision 3 to read as follows:
   3.  A.  IN  ADDITION TO APPORTIONMENTS CALCULATED PURSUANT TO SUBDIVI-
 SIONS ONE AND TWO OF THIS SECTION, EACH SCHOOL DISTRICT EMPLOYING  FEWER
 THAN  EIGHT  TEACHERS  DEFINED  AS ELIGIBLE PURSUANT TO PARAGRAPH ONE OF
 SUBDIVISION FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART  SHALL
 RECEIVE  AN ADDITIONAL APPORTIONMENT OF PUBLIC MONEY IN THE CURRENT YEAR
 IF THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR  OF  THE  BUDGET,
 DETERMINES  THE  DISTRICT  WOULD  OTHERWISE RECEIVE A REDUCTION IN STATE
 FUNDING, AS DEFINED IN SUBPARAGRAPH D OF PARAGRAPH  ONE  OF  SUBDIVISION
 FOUR-A  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART, ON A PER PUPIL
 BASIS INCONSISTENT WITH THE FEDERAL STATE LEVEL  MAINTENANCE  OF  EQUITY
 REQUIREMENT.
   B.  THE  MAINTENANCE OF EQUITY AID SHALL BE EQUAL TO THE AMOUNT NECES-
 SARY TO ENSURE COMPLIANCE WITH THE FEDERAL STATE  LEVEL  MAINTENANCE  OF
 EQUITY  REQUIREMENT  IN  THE  AMERICAN  RESCUE PLAN ACT OF 2021, SECTION
 2004, PART 1, SUBTITLE A, TITLE II, (PUBLIC LAW 117-2) FOR  THE  CURRENT
 YEAR.
   §  6.  Section  3602  of  the education law is amended by adding a new
 subdivision 6-i to read as follows:
   6-I. BUILDING AID AND THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOP-
 MENT  AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE. 1. FOR AID
 PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-TWO--TWO THOUSAND  TWEN-
 TY-THREE  AND  THEREAFTER,  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE
 CONTRARY, THE APPORTIONMENT  TO  ANY  DISTRICT  UNDER  SUBDIVISION  SIX,
 SIX-A,  SIX-B, SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION FOR CAPITAL
 OUTLAYS FOR SCHOOL BUILDING PROJECTS FOR  ENERGY  EFFICIENCY  SHALL  NOT
 EXCLUDE GRANTS AUTHORIZED PURSUANT TO THE NEW YORK STATE ENERGY RESEARCH
 AND  DEVELOPMENT  AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE
 FROM AIDABLE EXPENDITURES, PROVIDED THAT THE SUM OF  APPORTIONMENTS  FOR
 THESE  PROJECTS  CALCULATED  PURSUANT  TO SUBDIVISION SIX, SIX-A, SIX-B,
 SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION AND SUCH GRANTS SHALL  NOT
 EXCEED THE ACTUAL PROJECT EXPENDITURES.
   2.  THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
 PROVIDE A LIST OF  ENERGY  EFFICIENCY  GRANTS  AWARDED  TO  EACH  SCHOOL
 DISTRICT TO THE COMMISSIONER NO LATER THAN ONE MONTH PRIOR TO THE END OF
 EACH  CALENDAR  YEAR  AND EACH SCHOOL YEAR.  THIS LIST SHALL INCLUDE THE
 CAPITAL CONSTRUCTION PROJECT OR PROJECTS FUNDED BY THE GRANTS, THE AWARD
 AMOUNTS OF EACH INDIVIDUAL PROJECT GRANT, THE  DISTRICT  RECEIVING  SUCH
 GRANTS,  THE  SCHOOLS RECEIVING SUCH GRANTS, THE DATE ON WHICH THE GRANT
 WAS RECEIVED, AND ANY OTHER INFORMATION NECESSARY FOR THE CALCULATION OF
 AID PURSUANT TO SUBDIVISION SIX, SIX-A, SIX-B, SIX-C, SIX-E,  SIX-F,  OR
 SIX-H OF THIS SECTION.
   § 7. Paragraph a of subdivision 4 of section 3204 of the education law
 is amended to read as follows:
   a.  A  full  time day school or class, except as otherwise prescribed,
 shall be in session for not less than one hundred [ninety]  EIGHTY  days
 S. 8006--B                          9
 
 each year, [inclusive] EXCLUSIVE of legal holidays that occur during the
 term of said school and exclusive of Saturdays.
   §  8.  Paragraph  s  of subdivision 1 of section 3602 of the education
 law, as amended by section 11 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   s.  "Extraordinary  needs  count" shall mean the sum of the product of
 the [limited English proficiency] ENGLISH LANGUAGE LEARNER count  multi-
 plied by fifty percent, plus, the poverty count and the sparsity count.
   §  9. Subdivision 6 of section 3602 of the education law is amended by
 adding a new paragraph k to read as follows:
   K. FINAL COST REPORT PENALTIES. (1)  ALL  ACTS  DONE  AND  PROCEEDINGS
 HERETOFORE  HAD  AND  TAKEN  OR  CAUSED  TO  BE  HAD AND TAKEN BY SCHOOL
 DISTRICTS AND BY ALL ITS OFFICERS OR AGENTS RELATING TO OR IN CONNECTION
 WITH FINAL BUILDING COST REPORTS REQUIRED TO BE FILED WITH  THE  DEPART-
 MENT  FOR APPROVED BUILDING PROJECTS FOR WHICH A CERTIFICATE OF SUBSTAN-
 TIAL COMPLETION WAS AND/OR IS ISSUED ON OR AFTER APRIL  FIRST,  NINETEEN
 HUNDRED NINETY-FIVE, WHERE A FINAL COST REPORT WAS NOT SUBMITTED BY JUNE
 THIRTIETH  OF  THE  SCHOOL  YEAR IN WHICH THE CERTIFICATE OF SUBSTANTIAL
 COMPLETION OF THE PROJECT WAS ISSUED BY THE ARCHITECT  OR  ENGINEER,  OR
 SIX  MONTHS AFTER ISSUANCE OF SUCH CERTIFICATE, WHICHEVER WAS LATER, AND
 ALL ACTS INCIDENTAL THERETO ARE HEREBY  LEGALIZED,  VALIDATED,  RATIFIED
 AND  CONFIRMED,  NOTWITHSTANDING ANY FAILURE TO COMPLY WITH THE APPROVAL
 AND FILING PROVISIONS OF THE EDUCATION LAW OR ANY OTHER LAW OR ANY OTHER
 STATUTORY AUTHORITY, RULE OR REGULATION, IN RELATION  TO  ANY  OMISSION,
 ERROR,  DEFECT,  IRREGULARITY  OR ILLEGALITY IN SUCH PROCEEDINGS HAD AND
 TAKEN.
   (2) THE DEPARTMENT IS HEREBY DIRECTED TO CONSIDER THE  APPROVED  COSTS
 OF  THE  AFOREMENTIONED PROJECTS AS VALID AND PROPER OBLIGATIONS OF SUCH
 SCHOOL DISTRICTS AND SHALL NOT RECOVER ON OR AFTER JULY FIRST, TWO THOU-
 SAND THIRTEEN ANY PENALTY ARISING FROM THE LATE FILING OF A  FINAL  COST
 REPORT,  PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED ON OR AFTER JULY
 FIRST, TWO THOUSAND THIRTEEN  SHALL BE DEEMED A PAYMENT  OF  MONEYS  DUE
 FOR  PRIOR  YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION FIVE OF SECTION
 THIRTY-SIX HUNDRED FOUR OF THIS PART AND SHALL BE PAID TO THE  APPROPRI-
 ATE DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
   (A)  SUCH SCHOOL DISTRICT SUBMITTED THE LATE OR MISSING FINAL BUILDING
 COST REPORT TO THE COMMISSIONER;
   (B) SUCH COST REPORT IS APPROVED BY THE COMMISSIONER;
   (C) ALL STATE FUNDS EXPENDED BY THE SCHOOL DISTRICT, AS DOCUMENTED  IN
 SUCH  COST  REPORT,  WERE PROPERLY EXPENDED FOR SUCH BUILDING PROJECT IN
 ACCORDANCE WITH THE TERMS AND CONDITIONS FOR SUCH PROJECT AS APPROVED BY
 THE COMMISSIONER; AND
   (D) THE FAILURE TO SUBMIT SUCH REPORT IN A TIMELY MANNER WAS AN  INAD-
 VERTENT  ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL DISTRICT,
 AND THERE IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER  INTENT  BY
 SUCH DISTRICT.
   §  10.  Section  3625  of the education law is amended by adding a new
 subdivision 5 to read as follows:
   5. TRANSPORTATION CONTRACT PENALTIES. A. ALL ACTS DONE AND PROCEEDINGS
 HERETOFORE HAD AND TAKEN OR CAUSED TO BE HAD AND TAKEN RELATING TO OR IN
 CONNECTION WITH A TRANSPORTATION CONTRACT, AND ALL ACTS INCIDENTAL HERE-
 TO ARE HEREBY LEGALIZED, VALIDATED,  RATIFIED  AND  CONFIRMED,  NOTWITH-
 STANDING  ANY  FAILURE  TO  COMPLY WITH THE CONTRACT AWARD, APPROVAL AND
 FILING PROVISIONS OF THE EDUCATION LAW, THE GENERAL MUNICIPAL LAW OR ANY
 OTHER LAW OR ANY OTHER STATUTORY AUTHORITY, RULE  OR  REGULATION,  OTHER
 THAN  THOSE FILING PROVISIONS DEFINED IN PARAGRAPH A OF SUBDIVISION FIVE
 S. 8006--B                         10
 
 OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS ARTICLE, IN RELATION  TO  ANY
 OMISSION,  ERROR,  DEFECT, IRREGULARITY OR ILLEGALITY IN SUCH PROCEEDING
 HAD AND TAKEN.
   B.  THE  DEPARTMENT  IS HEREBY DIRECTED TO CONSIDER THE AFOREMENTIONED
 CONTRACTS FOR TRANSPORTATION AID AS VALID  AND  PROPER  OBLIGATIONS  AND
 SHALL  NOT  RECOVER  FROM SUCH SCHOOL DISTRICTS ANY PENALTY ARISING FROM
 THE FAILURE TO SUBMIT A TRANSPORTATION  CONTRACT  IN  A  TIMELY  MANNER,
 PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED SHALL BE DEEMED A PAYMENT
 OF  MONEYS  DUE  FOR  PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION
 FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS  ARTICLE  AND  SHALL  BE
 PAID TO THE SCHOOL DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
   (1)  SUCH  SCHOOL  DISTRICT SUBMITTED THE CONTRACT TO THE COMMISSIONER
 AND SUCH CONTRACT IS FOR SERVICES IN THE TWO THOUSAND TWELVE--TWO  THOU-
 SAND THIRTEEN SCHOOL YEAR OR THEREAFTER;
   (2) SUCH CONTRACT IS APPROVED BY THE COMMISSIONER;
   (3)  ALL  STATE  FUNDS  EXPENDED  BY THE SCHOOL DISTRICT WERE PROPERLY
 EXPENDED FOR SUCH TRANSPORTATION AS APPROVED BY THE COMMISSIONER; AND
   (4) THE FAILURE TO EXECUTE OR SUBMIT SUCH CONTRACT IN A TIMELY  MANNER
 WAS AN INADVERTENT ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL
 DISTRICT,  AND  THERE IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER
 INTENT BY SUCH DISTRICT.
   § 11. Subdivision 2 of section 3625 of the education law,  as  amended
 by chapter 474 of the laws of 1996, is amended to read as follows:
   2.  Filing  of transportation contracts. Every transportation contract
 shall be filed with the department within one hundred twenty days of the
 commencement of service under such contract.  No transportation  expense
 shall be allowed for a period greater than one hundred twenty days prior
 to  the filing of any contract for the transportation of pupils with the
 education department. No contract shall be considered  filed  unless  it
 bears  an  original  signature,  IN THE CASE OF A WRITTEN DOCUMENT, OR A
 CERTIFICATION, IN THE CASE OF AN APPROVED ELECTRONIC FORM, of the super-
 intendent of a school district or the designee of the superintendent and
 the sole trustee or president of the board of education  of  the  school
 district.    The final approval of any such contract by the commissioner
 shall not, however, obligate the state to allow  transportation  expense
 in  an  amount  greater  than the amount that would be allowed under the
 provisions of this part.  The state, acting through  the  department  of
 audit and control, may examine any and all accounts of the contractor in
 connection  with  a contract for the transportation of pupils, and every
 such contract shall contain the  following  provision:  "The  contractor
 hereby consents to an audit of any and all financial records relating to
 this contract by the department of audit and control."
   § 11-a. Subdivision 1 of section 3625 of the education law, as amended
 by  section  47 of part L of chapter 405 of the laws of 1999, is amended
 to read as follows:
   1. Form of transportation contracts. Every contract for transportation
 of school children shall be in writing OR IN AN ELECTRONIC FORM APPROVED
 BY THE COMMISSIONER WHEN AVAILABLE, and before such  contract  is  filed
 with  the department as required by subdivision two of this section, the
 same shall be submitted for approval to the superintendent of schools of
 said district and such contract shall not be approved and filed by  such
 superintendent  unless  he  or she shall first investigate the same with
 particular reference to the type of conveyance, the character and abili-
 ty of the driver, the routes over which the  conveyances  shall  travel,
 the  time  schedule,  and  such other matters as in the judgement of the
 superintendent are necessary for the comfort and protection of the chil-
 S. 8006--B                         11
 
 dren while being transported to and from school. Every such contract for
 transportation of children shall contain an agreement upon the  part  of
 the  contractor that the vehicle shall come to a full stop before cross-
 ing  the  track  or tracks of any railroad and before crossing any state
 highway.
   § 12. Intentionally omitted.
   § 13. Intentionally omitted.
   § 14. The closing paragraph of subdivision 5-a of section 3602 of  the
 education law, as amended by section 12-b of part A of chapter 56 of the
 laws of 2021, 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-one]  TWENTY-TWO--two  thousand [twenty-two] TWENTY-THREE 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 enti-
 tled "SA0910".
   § 15. Subdivision 12 of section 3602 of the education law, as  amended
 by  section 13-a of part A of chapter 56 of the laws of 2021, 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
 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.
 S. 8006--B                         12
 
   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
 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 school year,
 each school district shall be entitled to an apportionment equal to  the
 amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
 under the heading "2019-20 ESTIMATED AIDS" in the  school  aid  computer
 listing  produced  by  the commissioner in support of the budget for the
 two thousand nineteen--two thousand  twenty  school  year  and  entitled
 "SA192-0",  and  such apportionment shall be deemed to satisfy the state
 obligation to provide an apportionment pursuant to subdivision eight  of
 section thirty-six hundred forty-one of this article.
   I.  For  the  two  thousand twenty-one--two thousand twenty-two school
 year AND THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND  TWENTY-THREE  SCHOOL
 YEAR,  each  school district shall be entitled to an apportionment equal
 to the amount set forth for such school district as  "ACADEMIC  ENHANCE-
 MENT"  under  the  heading  "2020-21  ESTIMATED  AIDS" in the school aid
 computer listing produced by the commissioner in support of  the  budget
 for  the  two  thousand  twenty--two thousand twenty-one school year and
 entitled "SA202-1", and such apportionment shall be  deemed  to  satisfy
 the state obligation to provide an apportionment pursuant to subdivision
 eight of section thirty-six hundred forty-one of this article.
 S. 8006--B                         13

   §  16.  The opening paragraph of subdivision 16 of section 3602 of the
 education law, as amended by section 14-a of part A of chapter 56 of the
 laws of 2021, 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-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE
 school years equal to the greater of (1) the amount set forth  for  such
 school  district  as "HIGH TAX AID" under the heading "2008-09 BASE YEAR
 AIDS" in the school aid computer listing produced by the commissioner in
 support of the budget for the two thousand nine--two thousand ten school
 year and entitled "SA0910" or (2) the amount set forth for  such  school
 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
 the  school aid computer listing produced by the commissioner in support
 of the executive  budget  for  the  2013-14  fiscal  year  and  entitled
 "BT131-4".
   §  17.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 23 of part A of chapter 56 of the laws  of  2021,  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-two]  TWENTY-THREE; provided that the program shall continue and
 remain in full effect.
   § 18. Intentionally omitted.
   § 19. The opening paragraph of section 3609-a of the education law, as
 amended by section 26 of part A of chapter 56 of the laws  of  2021,  is
 amended to read as follows:
   For  aid  payable in the two thousand seven--two thousand eight school
 year through the  two  thousand  [twenty-one]  TWENTY-TWO--two  thousand
 [twenty-two]  TWENTY-THREE  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  appro-
 priation  for  the general support for public schools for the prescribed
 payments and individualized payments due prior to April  first  for  the
 current  year  plus  the apportionment payable during the current school
 year pursuant to subdivision six-a and subdivision  fifteen  of  section
 thirty-six hundred two of this part minus any reductions to current year
 aids pursuant to subdivision seven of section thirty-six hundred four of
 S. 8006--B                         14
 
 this  part  or any deduction from apportionment payable pursuant to this
 chapter for collection  of  a  school  district  basic  contribution  as
 defined  in  subdivision eight of section forty-four hundred one of this
 chapter,  less  any  grants  provided  pursuant to subparagraph two-a of
 paragraph b of subdivision four of section  ninety-two-c  of  the  state
 finance  law,  less  any grants provided pursuant to subdivision five of
 section ninety-seven-nnnn of the state  finance  law,  less  any  grants
 provided  pursuant  to  subdivision twelve of section thirty-six hundred
 forty-one of this 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  subdivi-
 sion  one  of section thirty-six hundred two of this part shall apply to
 this section. For aid payable in the two thousand  [twenty-one]  TWENTY-
 TWO--two  thousand  [twenty-two]  TWENTY-THREE school year, reference to
 such "school aid computer listing for the current year" shall  mean  the
 printouts entitled ["SA212-2"] "SA222-3".
   §  20.  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
 39 of part A of chapter 56 of the laws of 2021, is amended  to  read  as
 follows:
   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, 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 twenty-
 five cents per contact hour,  [and]  reimbursement  for  the  2021--2022
 school year shall not exceed 56.0 percent of the lesser of such approva-
 ble  costs  per  contact  hour  or  sixteen  dollars and forty cents per
 contact hour, AND REIMBURSEMENT FOR THE 2022--2023 SCHOOL YEAR SHALL NOT
 EXCEED 55.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS  PER  CONTACT
 HOUR  OR  SEVENTEEN DOLLARS AND FIVE CENTS PER CONTACT HOUR, and where a
 contact hour represents sixty minutes of instruction  services  provided
 to an eligible adult.  Notwithstanding any other provision of law to the
 contrary,  for  the  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 thousand four
 hundred forty-four (1,444,444); 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) ; AND FOR THE  2022-
 -2023  SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION THREE
 S. 8006--B                         15
 
 HUNDRED  SIXTY-NINE  THOUSAND  EIGHT  HUNDRED  SIXTY-THREE  (1,369,863).
 Notwithstanding  any  other provision of law to the contrary, the appor-
 tionment 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 eligi-
 ble for aid in accordance with the provisions of such subdivision 11  of
 section 3602 of the education law.
   §  21. 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 aa to read as follows:
   AA. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION  OF PAYMENTS FOR THE 2022-23 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).
   §  22. 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 41 of part A of
 chapter 56 of the laws of 2021, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed on June 30, [2022] 2023.
   § 23. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating to certain provisions related to the 1994-95 state  operations,
 aid to localities, capital projects and debt service budgets, as amended
 by section 33 of part A of chapter 56 of the laws of 2020, is amended to
 read as follows:
   1.  Sections  one  through seventy of this act shall be deemed to have
 been in full force and effect as of April  1,  1994  provided,  however,
 that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
 through seventy of this act shall expire and be deemed repealed on March
 31, 2000; provided, however, that section twenty of this act shall apply
 only to hearings commenced prior to  September  1,  1994,  and  provided
 further  that  section twenty-six of this act shall expire and be deemed
 repealed on March 31, 1997; and  provided  further  that  sections  four
 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
 twenty-one-a  of  this  act shall expire and be deemed repealed on March
 31, 1997; and provided further that sections three, fifteen,  seventeen,
 twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
 deemed repealed on March 31, [2022] 2024.
   § 24. 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 42 of part A of
 chapter 56 of the laws of 2021, 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, [2022] 2023 when
 upon such date the provisions of this act shall be deemed repealed.
   §  25.  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
 S. 8006--B                         16
 
 amended  by  section  43 of part A of chapter 56 of the laws of 2021, 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,
 2022].
   §  26.  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 44 of part A of  chapter  56  of  the
 laws of 2021, 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, 2022].
   §  26-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
 tion law, as amended by section 41-a of part A of chapter 56 of the laws
 of 2021, 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-one]  TWENTY-TWO--two
 thousand  [twenty-two] TWENTY-THREE AND THEREAFTER, 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.
   § 26-b. 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
 46-a  of part A of chapter 56 of the laws of 2021, 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  [2021-22]  2022-23  school  year,  four  million  dollars
 ($4,000,000); for the  [2022-23]  2023-24  school  year,  three  million
 dollars ($3,000,000); for the [2023-24] 2024-25 school year, two million
 dollars ($2,000,000); for the [2024-25] 2025-26 school year, one million
 dollars  ($1,000,000);  and  for the [2025-26] 2026-27 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.
   § 26-c. 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 23-a of part A of chapter  56
 of the laws of 2021, 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, [2022] 2023;
 S. 8006--B                         17
 
   §  27.  Section  2  of  chapter  552 of the laws of 1995, amending the
 education law relating to contracts for  the  transportation  of  school
 children, as amended by section 45 of part YYY of chapter 59 of the laws
 of 2019, is amended to read as follows:
   §  2.  This  act  shall  take  effect on the first day of January next
 succeeding the date on which it shall have become a law and shall remain
 in full force and effect until January 1, [2023] 2028,  when  upon  such
 date the provisions of this act shall be deemed repealed.
   § 28. School bus driver training. In addition to apportionments other-
 wise  provided  by section 3602 of the education law, for aid payable in
 the 2022-2023 through the 2026-2027 school years, subject  to  available
 appropriation,  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-profit  educa-
 tional  organizations  for  the  purposes of this section. Such payments
 shall not exceed four hundred thousand  dollars  ($400,000)  per  school
 year.
   §  29.  Special  apportionment for salary expenses. a. Notwithstanding
 any other provision of law, upon  application  to  the  commissioner  of
 education,  not  sooner  than  the first day of the second full business
 week of June 2023 and not later than the last  day  of  the  third  full
 business week of June 2023, 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, 2023, for salary expenses incurred between April 1 and
 June 30, 2022 and such apportionment shall not exceed the sum of (i) the
 deficit reduction assessment of 1990--1991 as determined by the  commis-
 sioner of education, pursuant to paragraph f of subdivision 1 of section
 3602 of the education law, as in effect through June 30, 1993, plus (ii)
 186  percent  of such amount for a city school district in a city with a
 population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
 such amount for a city school district in a city with  a  population  of
 more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
 ing to the latest federal census, plus  (iv)  the  net  gap  elimination
 adjustment  for  2010--2011, as determined by the commissioner of educa-
 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
 nation adjustment for 2011--2012 as determined by  the  commissioner  of
 education  pursuant  to  subdivision 17 of section 3602 of the education
 law, and provided further that such apportionment shall not exceed  such
 salary  expenses.  Such  application shall be made by a school district,
 after the board of education or trustees have adopted a resolution to do
 so and in the case of a city school district in a city with a population
 in excess of 125,000 inhabitants, with the approval of the mayor of such
 city.
   b. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  a  of  this section shall be submitted to the
 commissioner of education on a form prescribed  for  such  purpose,  and
 shall  be  payable upon determination by such commissioner that the form
 has been submitted as prescribed. Such approved amounts shall be payable
 on the same day in September of the school year following  the  year  in
 which  application was made as funds provided pursuant to subparagraph 4
 of paragraph b of subdivision 4 of section 92-c  of  the  state  finance
 law,  on  the  audit  and  warrant  of the state comptroller on vouchers
 certified or approved by the commissioner of  education  in  the  manner
 prescribed  by  law  from  moneys in the state lottery fund and from the
 S. 8006--B                         18
 
 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 appor-
 tionment 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 paragraph, 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.
   §  30. 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, 2023, 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, 2023 and such apportionment shall
 not exceed the  additional  accruals  required  to  be  made  by  school
 districts  in the 2004--2005 and 2005--2006 school years associated with
 changes for such public pension liabilities. The amount  of  such  addi-
 tional  accrual  shall  be certified to the commissioner of education by
 the president of the board of education or the trustees or, in the  case
 of  a  city  school  district  in  a city with a population in excess of
 125,000 inhabitants, the mayor of such city. Such application  shall  be
 made by a school district, after the board of education or trustees have
 adopted  a resolution to do so and in the case of a city school district
 in a city with a population in excess of 125,000 inhabitants,  with  the
 approval of the mayor of such city.
   b.  The  claim  for  an  apportionment to be paid to a school district
 pursuant to subdivision a of this section  shall  be  submitted  to  the
 commissioner  of  education  on  a form prescribed for such purpose, and
 shall be payable upon determination by such commissioner that  the  form
 has been submitted as prescribed. Such approved amounts shall be payable
 on  the  same  day in September of the school year following the year in
 which application was made as funds provided pursuant to subparagraph  4
 of  paragraph  b  of  subdivision 4 of section 92-c of the state finance
 law, on the audit and warrant  of  the  state  comptroller  on  vouchers
 certified  or  approved  by  the commissioner of education in the manner
 prescribed by law from moneys in the state lottery  fund  and  from  the
 general  fund  to  the  extent that the amount paid to a school district
 pursuant to this section exceeds the amount, if  any,  due  such  school
 district  pursuant  to subparagraph 2 of paragraph a of subdivision 1 of
 section 3609-a of the education law in the  school  year  following  the
 year in which application was made.
   c.  Notwithstanding  the provisions of section 3609-a of the education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions a and b of this section shall first be  deducted  from  the
 S. 8006--B                         19
 
 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 appor-
 tionment 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 paragraph, 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.
   §  31.  Section  1950  of the education law is amended by adding a new
 subdivision 8-d to read as follows:
   8-D. 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 AS A NON-COMPONENT  SCHOOL  DISTRICT,  SERVICES  REQUIRED  BY
 ARTICLE NINETEEN OF THE EDUCATION LAW.
   §  32. 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 2022--2023  school  year.  For  the  city
 school  district  of  the city of New York there shall be a set-aside 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).
 S. 8006--B                         20
 
   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  set-aside  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 2022--2023 school year, and
 for any city school district in a city having a population of more  than
 one  million,  the  set-aside  for  attendance  improvement  and dropout
 prevention shall equal the amount set aside in the base  year.  For  the
 2022--2023  school  year,  it  is  further provided that any city school
 district in a city having a population of more than  one  million  shall
 allocate  at  least  one-third  of any increase from base year levels in
 funds set aside pursuant to the requirements of this section to communi-
 ty-based organizations. Any increase required pursuant to  this  section
 to  community-based  organizations  must  be  in addition to allocations
 provided to community-based organizations in the base year.
   d. For the purpose of teacher support for the 2022--2023 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.
   § 33. Support of public libraries. The  moneys  appropriated  for  the
 support  of  public  libraries by a chapter of the laws of 2022 enacting
 the aid to localities budget shall be  apportioned  for  the  2022--2023
 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
 S. 8006--B                         21
 
 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 2022--2023
 by a chapter of the laws of 2022 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 ensure that the total amount of aid payable
 does not exceed the total appropriations for such purpose.
   § 34. 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 or
 part of this act or remainder thereof, as the case may be, to any  other
 person  or  circumstance,  but shall be confined in its operation to the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 35. This act shall take effect immediately, and shall be  deemed  to
 have been in full force and effect on and after April 1, 2022, provided,
 however, that:
   1. Sections one, two, seven, eight, fourteen, fifteen, sixteen, seven-
 teen,  nineteen,  twenty-six-a,  twenty-six-b, twenty-eight, thirty-one,
 and thirty-two of this act shall take effect July 1, 2022;
   2. Sections three, four, and five shall take  effect  immediately  and
 shall  expire  September  30, 2024 when upon such date the provisions of
 such sections shall be deemed repealed; and
   3. 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 twenty and twenty-one
 of  this  act  shall  not affect the repeal of such chapter and shall be
 deemed repealed therewith.
 
                                 PART A-1

   Section 1. Subdivision 2 of section 4003  of  the  education  law,  as
 amended  by  chapter  947  of  the  laws  of 1981, is amended to read as
 follows:
   2. (A) The director of the budget, in consultation  with  the  commis-
 sioner  [of education], the commissioner of social services, the commis-
 sioner of health, the commissioner of mental health, and any other state
 agency or other source he may deem appropriate, shall approve reimburse-
 ment methodologies for tuition and maintenance. Any modification in  any
 such  methodology which has previously been approved shall be subject to
 the  approval  of  the  director  of  the  budget.  NOTWITHSTANDING  ANY
 PROVISION  OF  LAW,  RULE  OR  REGULATION  TO  THE CONTRARY, TUITION AND
 REGIONAL RATES APPROVED FOR SPECIAL SERVICES  OR  PROGRAMS  PROVIDED  TO
 SCHOOL-AGE  STUDENTS  BY APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL
 SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THAT ARE LOCATED
 WITHIN THE STATE, BY SPECIAL ACT  SCHOOL  DISTRICTS,  AND  BY  JULY  AND
 S. 8006--B                         22
 
 AUGUST  PROGRAMS  FOR  STUDENTS  WITH  DISABILITIES APPROVED PURSUANT TO
 SECTION FORTY-FOUR HUNDRED EIGHT OF THIS TITLE, AND FOR SPECIAL SERVICES
 OR PROGRAMS PROVIDED BY PROGRAMS SERVING PRESCHOOL STUDENTS  WITH  DISA-
 BILITIES  APPROVED  PURSUANT  TO  SECTION FORTY-FOUR HUNDRED TEN OF THIS
 TITLE, INCLUDING, BUT NOT LIMITED TO, SPECIAL CLASS AND SPECIAL CLASS IN
 AN INTEGRATED SETTING PROGRAMS, SHALL NOT BE SUBJECT TO ANNUAL RECONCIL-
 IATION, COMMENCING WITH THE START OF THE  TWO  THOUSAND  TWENTY-TWO--TWO
 THOUSAND  TWENTY-THREE  SCHOOL YEAR. IN ADDITION, FOR A FIVE-YEAR PERIOD
 COMMENCING WITH THE START OF THE TWO THOUSAND  TWENTY-TWO--TWO  THOUSAND
 TWENTY-THREE  SCHOOL  YEAR,  THE TUITION AND REGIONAL RATES APPROVED FOR
 EACH SUBSEQUENT SCHOOL YEARS SHALL BE ESTABLISHED AT THE PREVIOUS YEAR'S
 RATE PLUS THE APPROVED GROWTH PERCENTAGE.
   (B) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 THE COMMISSIONER SHALL WITHIN AMOUNTS APPROPRIATED THEREFOR, AND  ON  OR
 BEFORE  AUGUST  FIRST,  TWO  THOUSAND  TWENTY-TWO,  CONVENE A TASK FORCE
 INCLUDING  REPRESENTATIVES  OF  STATEWIDE  AND  REGIONAL  PRESCHOOL  AND
 SCHOOL-AGE  ORGANIZATIONS  WITH  MEMBERSHIP  OF PRESCHOOL AND SCHOOL-AGE
 APPROVED PRIVATE SCHOOLS AND PROGRAMS, MUNICIPAL REPRESENTATIVES, REPRE-
 SENTATIVES OF SCHOOL DISTRICTS,  AND  SUCH  OTHER  STAKEHOLDERS  AS  THE
 COMMISSIONER DEEMS APPROPRIATE TO DESIGN A REIMBURSEMENT METHODOLOGY FOR
 THE  TUITION OF SUCH APPROVED SCHOOLS AND PROGRAMS FOR IMPLEMENTATION IN
 THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND  TWENTY-EIGHT  SCHOOL  YEAR.
 SUCH  METHODOLOGY  SHALL, IN ITS DEVELOPMENT AND BY ITS DESIGN, CONSIDER
 ALL COMPONENTS, INCLUDING BUT NOT LIMITED TO, COST SCREENS, COST PARAME-
 TERS, TREND OR GROWTH FACTORS, RESERVES AND OTHER SUCH COMPONENTS ESSEN-
 TIAL TO ENSURING THE FISCAL STABILITY OF SUCH SCHOOLS AND PROGRAMS.  THE
 TASK  FORCE  SHALL ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE OF
 ITS FINDINGS, CONCLUSIONS, RECOMMENDATIONS AND  THE  ACTIVITIES  ALREADY
 UNDERTAKEN BY THE TASK FORCE NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND
 TWENTY-THREE,  AND  SHALL  SUBMIT SUBSEQUENT REPORTS ANNUALLY THEREAFTER
 WITH A FINAL REPORT TO BE ISSUED NO  LATER  THAN  SEPTEMBER  FIRST,  TWO
 THOUSAND  TWENTY-SIX. THE TASK FORCE SHALL SUBMIT WITH ITS FINAL REPORT,
 LEGISLATIVE PROPOSALS AS IT DEEMS NECESSARY TO IMPLEMENT ITS RECOMMENDA-
 TIONS FOR LEGISLATIVE  CONSIDERATION  AND  ACTION.  NOTWITHSTANDING  ANY
 PROVISION  OF  LAW  TO  THE  CONTRARY,  THE DIRECTOR OF THE BUDGET SHALL
 PROVIDE COMMENT ON THE FINAL REPORT  AND  RECOMMENDATIONS  OF  THE  TASK
 FORCE  TO  THE LEGISLATURE BY OCTOBER FIFTEENTH, TWO THOUSAND TWENTY-SIX
 AND SHALL APPROVE THE METHODOLOGY AS PROPOSED BY THE LEGISLATURE  PURSU-
 ANT TO THE PROVISIONS OF THIS PARAGRAPH.
   §  2.  Paragraph  c  of subdivision 4 of section 4405 of the education
 law, as amended by chapter 82 of the laws of 1995, is amended to read as
 follows:
   c. (1) The director of the budget, in consultation  with  the  commis-
 sioner  [of  education],  the  commissioner  of social services, and any
 other state agency or other source the director  may  deem  appropriate,
 shall  approve  reimbursement  methodologies for tuition and for mainte-
 nance. Any modification  in  the  approved  reimbursement  methodologies
 shall  be  subject  to  the  approval  of  the  director  of the budget.
 [Notwithstanding any other provision of law, rule or regulation  to  the
 contrary,  tuition  rates  established  for the nineteen hundred ninety-
 five--ninety-six school year shall  exclude  the  two  percent  cost  of
 living  adjustment  authorized  in  rates  established  for the nineteen
 hundred  ninety-four--ninety-five  school  year.]  NOTWITHSTANDING   ANY
 PROVISION  OF  LAW,  RULE  OR  REGULATION  TO  THE CONTRARY, TUITION AND
 REGIONAL RATES APPROVED FOR SPECIAL SERVICES  OR  PROGRAMS  PROVIDED  TO
 SCHOOL-AGE  STUDENTS  BY APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL
 S. 8006--B                         23
 
 SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THAT ARE LOCATED
 WITHIN THE STATE, BY SPECIAL ACT  SCHOOL  DISTRICTS,  AND  BY  JULY  AND
 AUGUST  PROGRAMS  FOR  STUDENTS  WITH  DISABILITIES APPROVED PURSUANT TO
 SECTION  FORTY-FOUR  HUNDRED  EIGHT  OF  THIS  ARTICLE,  AND FOR SPECIAL
 SERVICES OR PROGRAMS PROVIDED BY  PROGRAMS  SERVING  PRESCHOOL  STUDENTS
 WITH DISABILITIES APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF
 THIS  ARTICLE,  INCLUDING, BUT NOT LIMITED TO, SPECIAL CLASS AND SPECIAL
 CLASS IN AN INTEGRATED SETTING PROGRAMS, SHALL NOT BE SUBJECT TO  ANNUAL
 RECONCILIATION,  COMMENCING  WITH  THE START OF THE TWO THOUSAND TWENTY-
 TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR. IN ADDITION, FOR A FIVE-YEAR
 PERIOD COMMENCING WITH THE START OF  THE  TWO  THOUSAND  TWENTY-TWO--TWO
 THOUSAND  TWENTY-THREE  SCHOOL  YEAR,  THE  TUITION  AND  REGIONAL RATES
 APPROVED FOR EACH SUBSEQUENT SCHOOL YEARS SHALL BE  ESTABLISHED  AT  THE
 PREVIOUS YEAR'S RATE PLUS THE APPROVED GROWTH PERCENTAGE.
   (2) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 THE  COMMISSIONER SHALL WITHIN AMOUNTS APPROPRIATED THEREFORE, AND ON OR
 BEFORE AUGUST FIRST, TWO  THOUSAND  TWENTY-TWO,  CONVENE  A  TASK  FORCE
 INCLUDING  REPRESENTATIVES  OF  STATEWIDE  AND  REGIONAL  PRESCHOOL  AND
 SCHOOL-AGE ORGANIZATIONS WITH MEMBERSHIP  OF  PRESCHOOL  AND  SCHOOL-AGE
 APPROVED PRIVATE SCHOOLS AND PROGRAMS, MUNICIPAL REPRESENTATIVES, REPRE-
 SENTATIVES  OF  SCHOOL  DISTRICTS,  AND  SUCH  OTHER STAKEHOLDERS AS THE
 COMMISSIONER DEEMS APPROPRIATE TO DESIGN A REIMBURSEMENT METHODOLOGY FOR
 THE TUITION OF SUCH APPROVED SCHOOLS AND PROGRAMS FOR IMPLEMENTATION  IN
 THE  TWO  THOUSAND TWENTY-SEVEN--TWO THOUSAND TWENTY-EIGHT  SCHOOL YEAR.
 SUCH METHODOLOGY SHALL, IN ITS DEVELOPMENT AND BY ITS  DESIGN,  CONSIDER
 ALL COMPONENTS, INCLUDING BUT NOT LIMITED TO, COST SCREENS, COST PARAME-
 TERS, TREND OR GROWTH FACTORS, RESERVES AND OTHER SUCH COMPONENTS ESSEN-
 TIAL TO ENSURING THE FISCAL STABILITY OF SUCH SCHOOLS AND PROGRAMS.  THE
 TASK  FORCE  SHALL ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE OF
 ITS FINDINGS, CONCLUSIONS, RECOMMENDATIONS AND  THE  ACTIVITIES  ALREADY
 UNDERTAKEN BY THE TASK FORCE NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND
 TWENTY-THREE,  AND  SHALL  SUBMIT SUBSEQUENT REPORTS ANNUALLY THEREAFTER
 WITH A FINAL REPORT TO BE ISSUED NO  LATER  THAN  SEPTEMBER  FIRST,  TWO
 THOUSAND  TWENTY-SIX.  THE TASK FORCE SHALL SUBMIT WITH ITS FINAL REPORT
 LEGISLATIVE PROPOSALS AS IT DEEMS NECESSARY TO IMPLEMENT ITS RECOMMENDA-
 TIONS FOR LEGISLATIVE  CONSIDERATION  AND  ACTION.  NOTWITHSTANDING  ANY
 PROVISION  OF  LAW  TO  THE  CONTRARY,  THE DIRECTOR OF THE BUDGET SHALL
 PROVIDE COMMENT ON THE FINAL REPORT  AND  RECOMMENDATIONS  OF  THE  TASK
 FORCE  TO  THE LEGISLATURE BY OCTOBER FIFTEENTH, TWO THOUSAND TWENTY-SIX
 AND SHALL APPROVE THE METHODOLOGY AS PROPOSED BY THE LEGISLATURE  PURSU-
 ANT TO THE PROVISIONS OF THIS SUBPARAGRAPH.
   §   3.   The  sum  of  two  million,  five  hundred  thousand  dollars
 ($2,500,000) is hereby appropriated to the  state  education  department
 out of any money in the state treasury in the general fund to the credit
 of  the  state  operations  budget,  not otherwise appropriated, for the
 purposes of carrying out the provisions of sections one and two of  this
 act, provided, however, that no more than one million, two hundred fifty
 thousand dollars shall be made available in the two thousand twenty-two-
 -two  thousand  twenty-three fiscal year. Such money shall be payable on
 the audit and warrant  of  the  comptroller  on  vouchers  certified  or
 approved by the commissioner of education in the manner approved by law.
   §  4.  Paragraph  b  of subdivision 5 of section 1950 of the education
 law, as amended by chapter 130 of the laws of 2022, 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
 S. 8006--B                         24
 
 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 provided that such
 expenses for testing of potable water systems are not reimbursable  from
 another  state  or  federal  source, except that that part of the salary
 paid any teacher, supervisor or other employee of the board  of  cooper-
 ative educational services which is in excess of thirty thousand dollars
 shall  not be such an approved expense, and except also that administra-
 tive and clerical expenses shall not exceed ten  percent  of  the  total
 expenses  for  purposes of this computation.  PROVIDED HOWEVER, 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 FORTY THOUSAND DOLLARS FOR  THE  TWO  THOUSAND
 TWENTY-TWO--TWO   THOUSAND  TWENTY-THREE  SCHOOL  YEAR;  FIFTY  THOUSAND
 DOLLARS FOR THE  TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR
 SCHOOL  YEAR;  AND  SIXTY  THOUSAND DOLLARS FOR THE TWO THOUSAND TWENTY-
 FOUR--TWO THOUSAND TWENTY-FIVE 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 dormitory 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 subdivi-
 sion.  Transportation 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.
   § 5. 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:
   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
 S. 8006--B                         25
 
 [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.
   § 6. Section 9-a of part A of chapter 56 of the laws of 2021, relating
 to  funding  from  the  elementary and secondary school emergency relief
 fund allocated by the American rescue plan act of 2021,  is  amended  to
 read as follows:
   §  9-a.  (1) On or before July 1, 2021, every local educational agency
 receiving funding from the elementary  and  secondary  school  emergency
 relief  fund  allocated by the American rescue plan act of 2021 shall be
 required to post on its website a plan by school year of how such  funds
 will  be  expended  and how the local educational agency will prioritize
 spending on non-recurring expenses in the  areas  of:  safely  returning
 students  to  in-person  instruction;  maximizing  in-person instruction
 time; operating schools and meeting the needs  of  students;  purchasing
 educational  technology; addressing the impacts of the COVID-19 pandemic
 on students, including the impacts of interrupted instruction and learn-
 ing loss and the impacts on low-income students, children with disabili-
 ties, English language learners, and students experiencing homelessness;
 implementing  evidence-based  strategies  to  meet   students'   social,
 emotional,  mental  health,  and academic needs; offering evidence-based
 summer,  afterschool,  and  other  extended  learning   and   enrichment
 programs;  and  supporting  early childhood education. Provided further,
 that local educational agencies shall identify  any  programs  utilizing
 such  funding  that  are expected to continue beyond the availability of
 such federal funds and identify local funds that will be used  to  main-
 tain  such programs in order to minimize disruption to core academic and
 other school programs. Before posting such plan, the  local  educational
 agency shall seek public comment from parents, teachers and other stake-
 holders  on the plan and take such comments into account in the develop-
 ment of the plan.
   (2) ON OR BEFORE JULY 1, 2022, EVERY LOCAL EDUCATIONAL AGENCY  RECEIV-
 ING  FUNDING  FROM THE ELEMENTARY   AND   SECONDARY   SCHOOL   EMERGENCY
 RELIEF FUND ALLOCATED BY THE AMERICAN RESCUE PLAN ACT OF 2021  SHALL  BE
 REQUIRED  TO  POST  ON  ITS  WEBSITE  AND  SUBMIT TO THE STATE EDUCATION
 DEPARTMENT AN UPDATED PLAN AS  DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION. THIS UPDATED PLAN SHALL INCLUDE AN ANALYSIS OF PUBLIC COMMENTS,
 GOALS AND RATIOS FOR PUPIL SUPPORT, DETAILED SUMMARIES OF INVESTMENTS IN
 CURRENT YEAR INITIATIVES, AND BALANCE FUNDS SPENT IN PRIORITY AREAS.
   §  7. Section 10-d of part A of chapter 56 of the laws of 2021, relat-
 ing to funding from the elementary and secondary school emergency relief
 S. 8006--B                         26
 
 fund allocated by the American rescue plan act of 2021,  is  amended  to
 read as follows:
   § 10-d. For the 2021-22, 2022-23 and 2023-24 school years, each school
 district  receiving  a  foundation  aid  increase  of more than: (i) ten
 percent; or (ii) ten million dollars in  a  school  year  shall,  on  or
 before  July  1  of each school year, post to the district's website AND
 SUBMIT TO THE DEPARTMENT OF EDUCATION a plan by school year of how  such
 funds  will  be  used to address student performance and need, including
 but not limited to: (i) increasing graduation rates and eliminating  the
 achievement gap; (ii) reducing class sizes; (iii) providing supports for
 students  who are not meeting, or at risk of not meeting, state learning
 standards in  core  academic  subject  areas;  (iv)  addressing  student
 social-emotional  health;  [and]  (v)  providing  adequate  resources to
 English language learners,  students  with  disabilities;  and  students
 experiencing  homelessness; (VI) GOALS AND RATIOS FOR PUPIL SUPPORT; AND
 (VII) DETAILED SUMMARIES OF INVESTMENTS IN CURRENT YEAR INITIATIVES  AND
 BALANCE  FUNDS SPENT IN PRIORITY AREAS. Prior to posting such plan, each
 school district shall seek public comment  from  parents,  teachers  and
 other stakeholders on the plan [and], take such comments into account in
 the  development  of  the  plan,  AND  INCLUDE AN ANALYSIS OF THE PUBLIC
 COMMENTS WITHIN THE PLAN.
   § 8. Subparagraph 1 of paragraph b of subdivision 6-f of section  3602
 of  the education law, as added by section 19 of part H of chapter 83 of
 the laws of 2002, is amended to read as follows:
   (1) has a total project cost of [one hundred] TWO HUNDRED FIFTY  thou-
 sand  dollars or less[; provided however, that for any district, no more
 than one project shall be eligible pursuant to this subparagraph for  an
 apportionment  within the same school year] MODIFIED BY AN ANNUAL COUNTY
 OR MULTI-COUNTY LABOR MARKET COMPOSITE WAGE  RATE,  ESTABLISHED  BY  THE
 COMMISSIONER  OF  LABOR  IN CONSULTATION WITH THE COMMISSIONER, FOR JULY
 FIRST OF THE BASE YEAR, INDEXED TO THE MEDIAN OF SUCH COUNTY  OR  MULTI-
 COUNTY  RATES,  BUT  NOT  LESS THAN ONE, UP TO A MAXIMUM OF FIVE HUNDRED
 THOUSAND DOLLARS, AS  DETERMINED  BY  THE  BUILDING  AID  REGIONAL  COST
 FACTOR;  AND  PROVIDED  FURTHER A SCHOOL DISTRICT MAY COMBINE UP TO FIVE
 YEARS OF PROJECT ALLOWANCES PURSUANT TO THIS SUBPARAGRAPH AND  APPLY  TO
 THE  COMMISSIONER  FOR PROJECT APPROVAL FOR THE ENTIRE APPORTIONMENT AND
 SUCH APPORTIONMENT MAY BE USED FOR ONE OR MORE PROJECTS; and/or
   § 9. 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-TWO--TWO THOU-
 SAND TWENTY-THREE 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
 S. 8006--B                         27
 
 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 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.
   § 10. Section 3614 of the education law is REPEALED.
   § 11. Section 4204-b of the education law is amended by adding  a  new
 subdivision 5 to read as follows:
   5.  FOR  THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
 YEAR AND THEREAFTER, AN INSTITUTION SUBJECT TO  THIS  ARTICLE  SHALL  BE
 AUTHORIZED TO RETAIN FUNDS IN EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE
 COSTS  INCURRED  FOR  SERVICES  AND PROGRAMS TO STUDENTS APPOINTED.  THE
 AMOUNT OF FUNDS THAT MAY BE  ANNUALLY  RETAINED  SHALL  NOT  EXCEED  ONE
 PERCENT  OF THE INSTITUTION'S TOTAL ALLOWABLE AND REIMBURSABLE COSTS FOR
 SERVICES AND PROGRAMS PROVIDED TO 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 AND PROVIDED, FURTHER, THAT SUCH FUNDS  SHALL
 NOT  BE  RECOVERABLE  ON  RECONCILIATION,  SUCH  FUNDS  SHALL BE CARRIED
 FORWARD AS TOTAL REIMBURSABLE COSTS FOR PURPOSES OF  CALCULATING  SUBSE-
 QUENT  YEAR  PROSPECTIVE AND RECONCILIATION TUITION RATES AND SUCH FUNDS
 SHALL BE SEPARATE FROM AND IN ADDITION TO  ANY  OTHER  AUTHORIZATION  TO
 RETAIN  SURPLUS  FUNDS  ON  RECONCILIATION.  FUNDS  MAY BE EXPENDED ONLY
 PURSUANT TO AN AUTHORIZATION OF THE GOVERNING BOARD OF  THE  INSTITUTION
 FOR  A  PURPOSE  EXPRESSLY AUTHORIZED AS PART OF ALLOWABLE COSTS FOR THE
 YEAR IN WHICH THE FUNDS ARE TO BE EXPENDED, PROVIDED THAT FUNDS  MAY  BE
 EXPENDED  TO  PAY  PRIOR  YEAR  OUTSTANDING  DEBTS. ANY INSTITUTION THAT
 RETAINS FUNDS PURSUANT TO THIS SUBDIVISION SHALL BE REQUIRED TO ANNUALLY
 REPORT A STATEMENT OF THE TOTAL BALANCE  OF  SUCH  RETAINED  FUNDS,  THE
 AMOUNT,  IF  ANY, RETAINED IN THE PRIOR SCHOOL YEAR, THE AMOUNT, IF ANY,
 DISPERSED IN THE PRIOR SCHOOL YEAR, AND THE FINANCIAL REPORTS  THAT  ARE
 REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT.
   § 12. Section 37-d of part A of chapter 56 of the laws of 2021, relat-
 ing  to approved private schools serving certain students with disabili-
 ties, special act school districts and approved preschool special  class
 and special class in an integrated setting programs experiencing enroll-
 ment  decreases  as  a  result  of the state disaster emergency declared
 pursuant to Executive Order 202 of 2020, is amended to read as follows:
   § 37-d. Notwithstanding any provision of  law  or  regulation  to  the
 contrary, if as a result of the state disaster emergency declared pursu-
 ant to Executive Order 202 of 2020, OR EXECUTIVE ORDER 11 OF 2021 THERE-
 AFTER  approved  private  schools  serving  students  with  disabilities
 subject to articles 81 and 89 of the education law, special  act  school
 districts,  and approved preschool special class and special class in an
 integrated setting programs pursuant to section 4410  of  the  education
 law  experience  an  enrollment  decrease  as  a percentage of operating
 capacity of 5 percentage points or more during the 2020-21  school  year
 OR  2021-22  SCHOOL  YEAR  as compared to the previous three year period
 2016-17 through 2018-19, the state education department shall  apply  an
 enrollment  adjustment factor as part of the tuition rate reconciliation
 process to stabilize tuition revenue, provided that the commissioner  of
 S. 8006--B                         28
 
 education  shall submit a plan for the implementation of such enrollment
 adjustment factor to the director of the budget for approval.
   Moreover,  should  such  programs  receive federal Paycheck Protection
 Program loan forgiveness revenue or other extraordinary federal  revenue
 provided  in  response  to the COVID-19 pandemic as defined by the state
 education department in consultation with the director  of  the  budget,
 such  revenue  shall be applied as offsetting revenue for reconciliation
 tuition rate calculation purposes  after  allowable  costs  incurred  in
 responding  to  the state disaster emergency declared pursuant to Execu-
 tive Order 202 of 2020 OR EXECUTIVE ORDER  11  OF  2021  THEREAFTER  are
 defrayed,  and  such revenues shall be subtracted from total costs after
 the application of the nondirect care screen,  provided,  however,  that
 the  combined amount of tuition revenues, extraordinary federal revenues
 provided in response to the COVID-19 pandemic, and  any  other  revenues
 available  to  the  program that are treated as offsetting revenue shall
 not exceed the program's actual costs, and provided  further,  that  the
 state  education  department shall hold harmless tuition rates in subse-
 quent school years to reflect the impact of  receipt  of  such  extraor-
 dinary federal revenue.
   §  13.  Subdivision 6-a of section 3641 of the education law, as added
 by section 16 of part A of chapter 57 of the laws of 2013, is amended to
 read as follows:
   6-a. Community school [grants. a. Within the amount  appropriated  for
 such  purpose, subject to a plan developed by the state council on chil-
 dren and families in coordination with the commissioner and approved  by
 the  director  of  the  budget, the commissioner shall award competitive
 grants pursuant to this subdivision to eligible school districts or in a
 city with a population of one million or  more  an  eligible  entity  to
 implement, beginning in the two thousand thirteen--two thousand fourteen
 school  year,  a plan that targets school buildings as community hubs to
 deliver co-located or school-linked  academic,  health,  mental  health,
 nutrition, counseling, legal and/or other services to students and their
 families  in  a  manner that will lead to improved educational and other
 outcomes. In a city with a population of one million or  more,  eligible
 entities shall mean the city school district of the city of New York, or
 not-for-profit  organizations, which shall include not-for-profit commu-
 nity based organizations. An eligible entity that  is  a  not-for-profit
 may  apply  for  a  community school grant provided that it collaborates
 with the city school district of the city of New York and  receives  the
 approval  of  the  chancellor of the city school district of the city of
 New York.
   (1) Such plan shall include, but not be limited to:
   (i) The process by which a request for proposals will be developed;
   (ii) The scoring rubric by which such  proposals  will  be  evaluated,
 provided  that  such grants shall be awarded based on factors including,
 but not limited to: measures of school district need;  measures  of  the
 need  of  students  to  be  served  by each of the school districts; the
 school district's proposal  to  target  the  highest  need  schools  and
 students;  the sustainability of the proposed community schools program;
 and proposal quality;
   (iii) The form and manner by which applications will be submitted;
   (iv) The manner by which calculation of the amount of the  award  will
 be determined;
   (v) The timeline for the issuance and review of applications; and
   (vi)  Program  implementation  phases that will trigger payment of set
 percentages of the total award.
 S. 8006--B                         29

   (2) In assessing proposal quality, the commissioner  shall  take  into
 account factors including, but not limited to:
   (i)  The  extent to which the school district's proposal would provide
 such community services through partnerships with local governments  and
 non-profit organizations;
   (ii)  The  extent  to which the proposal would provide for delivery of
 such services directly in school buildings;
   (iii) The extent to which the proposal articulates how  such  services
 would facilitate measurable improvement in student and family outcomes;
   (iv)  The  extent to which the proposal articulates and identifies how
 existing funding streams and programs would  be  used  to  provide  such
 community services; and
   (v)  the  extent  to  which  the  proposal  ensures  the safety of all
 students, staff and community members in school buildings used as commu-
 nity hubs.
   b. A response to a request  for  proposals  issued  pursuant  to  this
 subdivision may be submitted by a single school district or jointly by a
 consortium  of  two  or more school districts, or in a city with a popu-
 lation of one million or more, an eligible entity.
   c. The amount of the grant award shall be determined  by  the  commis-
 sioner,  consistent  with  the plan developed pursuant to paragraph a of
 this subdivision, except that no single district  may  be  awarded  more
 than  forty percent of the total amount of grant awards made pursuant to
 this subdivision; and provided further that the  maximum  award  to  any
 individual community school site shall be five hundred thousand dollars;
 and  provided  further  that  the amount awarded will be paid out in set
 percentages over time upon successful implementation of each phase of  a
 school district's approved proposal set forth pursuant to paragraph a of
 this  subdivision;  and provided further that none of the grants awarded
 pursuant to this subdivision may be used to supplant existing  funding.]
 ACT.  A.  FOR  THE  PURPOSES OF THIS SECTION, A "COMMUNITY SCHOOL" SHALL
 INCLUDE BOTH A PLACE AND  A  SET  OF  PARTNERSHIPS  BETWEEN  THE  SCHOOL
 DISTRICT  AND OTHER COMMUNITY RESOURCES TO TAKE A COMPREHENSIVE APPROACH
 TO IMPROVE ACADEMIC AND DEVELOPMENTAL OUTCOMES;  FOCUSED  ON  ACADEMICS,
 HEALTH,  MENTAL  WELLNESS, SOCIAL SERVICES, YOUTH AND COMMUNITY DEVELOP-
 MENT AND FAMILY AND COMMUNITY ENGAGEMENT WHICH LEADS TO IMPROVED STUDENT
 LEARNING, STRONGER FAMILIES AND HEALTHIER COMMUNITIES; AND HAS A  FRAME-
 WORK  IN PLACE TO ELIMINATE THE BARRIERS FOR ALL STUDENTS TO HAVE ACCESS
 TO A HIGH-QUALITY LEARNING EXPERIENCE.
   (1) SUCH SCHOOLS SHALL INCLUDE A COMMUNITY SCHOOL DIRECTOR  TO  IMPLE-
 MENT THE COMMUNITY SCHOOL FRAMEWORK BY:
   (I)  REVIEWING  STUDENT DATA AND CONDUCTING COMMUNITY WIDE ASSESSMENTS
 OF NEEDS AND ASSETS;
   (II) COORDINATING AND LEVERAGING INTEGRATED  HEALTH,  MENTAL  WELLNESS
 AND SOCIAL SUPPORTS;
   (III) IDENTIFYING AND SECURING FAMILY SUPPORTS THAT INCLUDE EMPOWERING
 PARENTS  TO PARTICIPATE IN DECISION MAKING AND TO MAINTAIN ACTIVE FAMILY
 AND COMMUNITY ENGAGEMENT THAT VALUES THEIR DIVERSE EXPERIENCES AND BACK-
 GROUNDS TO DEVELOP AND PROMOTE A VISION FOR STUDENT SUCCESS;
   (IV) IMPLEMENTING, EXPANDING AND ENRICHING LEARNING TIME, PROGRAMS AND
 OPPORTUNITIES, INCLUDING BUT NOT LIMITED TO BEFORE,  DURING  AND  AFTER-
 SCHOOL, WEEKEND, SUMMER AND YEAR-ROUND PROGRAMS, THAT PROVIDE ADDITIONAL
 ACADEMIC  SUPPORT,  ENRICHMENT ACTIVITIES AND OTHER PROGRAMS THAT MAY BE
 OFFERED IN PARTNERSHIP WITH  COMMUNITY-BASED  ORGANIZATIONS  TO  ENHANCE
 ACADEMIC LEARNING, SOCIAL SKILLS, EMOTIONAL AND LIFE SKILLS;
 S. 8006--B                         30
 
   (V)  MANAGING  A COMMUNITY SCHOOL-BASED COMMITTEE THAT INCLUDES BUT IS
 NOT LIMITED TO  THE  SCHOOL  PRINCIPAL,  CERTIFIED  CLASSROOM  TEACHERS,
 SCHOOL RELATED PROFESSIONALS, OTHER SCHOOL EMPLOYEES, FAMILIES, COMMUNI-
 TY  ORGANIZATIONS,  AND COLLECTIVE BARGAINING ORGANIZATIONS, THAT GUIDES
 COLLABORATIVE PLANNING, IMPLEMENTATION AND OVERSIGHT; AND
   (VI)  IMPLEMENTING  HIGH-QUALITY  TEACHING  AND LEARNING THAT PROVIDES
 ONGOING PROFESSIONAL DEVELOPMENT TO TEACHERS AND SCHOOL-RELATED  PROFES-
 SIONALS.
   (2) FOR THE PURPOSES OF THIS SECTION A COMMUNITY SCHOOL FRAMEWORK IS A
 SET  OF  STRATEGIES  IMPLEMENTED  IN  A  COMMUNITY  SCHOOL  THAT INCLUDE
 PROGRAMS AND SERVICES THAT FOCUS ON BUILDING AND  MAINTAINING  RELATION-
 SHIPS TO IMPROVE ACADEMIC AND DEVELOPMENTAL OUTCOMES FOR STUDENTS.
   B.  ALLOCATION OF FUNDS. EACH QUALIFYING SCHOOL DISTRICT SHALL RECEIVE
 FUNDING FROM THIS PROGRAM EQUAL TO THE RESULT OF THE  QUOTIENT  OF  EACH
 DISTRICT'S  FOUNDATION  AID COMMUNITY SCHOOL SETASIDE AMOUNT ESTABLISHED
 PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THIS  ARTICLE  DIVIDED  BY
 THE  STATEWIDE  VALUE  OF  THE  FOUNDATION AID COMMUNITY SCHOOL SETASIDE
 AMOUNT ESTABLISHED PURSUANT TO SECTION THIRTY-SIX HUNDRED  TWO  OF  THIS
 ARTICLE  MULTIPLIED BY THE AMOUNT OF THE APPROPRIATION FOR THE COMMUNITY
 SCHOOL CATEGORICAL GRANT ESTABLISHED HEREIN.   DISTRICTS  WHICH  DO  NOT
 HAVE  A  SETASIDE  OF  FOUNDATION  AID FOR COMMUNITY SCHOOLS PURSUANT TO
 SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL NOT BE ELIGIBLE FOR
 FUNDS PURSUANT TO THIS SUBDIVISION.
   C. THE COMMISSIONER SHALL PROMULGATE REGULATIONS THAT  SET  FORTH  THE
 REQUIREMENTS  FOR  USE OF SUCH FUNDS BY DISTRICTS, WHICH SHALL INCLUDE A
 REQUIREMENT THAT DISTRICTS REQUIRE THAT FUNDS BE USED TO TRANSFORM  PRE-
 EXISTING  COMMUNITY SCHOOL PROGRAMS, STRUGGLING OR PERSISTENTLY STRUGGL-
 ING SCHOOLS, OR SCHOOLS WITH SIGNIFICANT LEVELS  OF  POVERTY,  HOMELESS-
 NESS,  FREE  AND  REDUCED PRICE MEALS, OR OTHER FACTORS AS DETERMINED BY
 THE COMMISSIONER. PROVIDED FURTHER THAT SUCH REGULATIONS  SHALL  REQUIRE
 SCHOOL DISTRICTS TO DEMONSTRATE SUBSTANTIAL TEACHER, PARENT AND COMMUNI-
 TY  INVOLVEMENT  IN  THE  PLANNING,  IMPLEMENTATION,  AND OPERATION OF A
 COMMUNITY SCHOOL. THE COMMISSIONER MAY  DETERMINE  THAT  A  PRE-EXISTING
 COMMUNITY  SCHOOLS PROGRAM SATISFIES THE REQUIREMENTS OF THE COMMISSION-
 ER'S REGULATIONS PROVIDED THAT HE OR SHE MAY  REQUIRE  ANY  MODIFICATION
 THERETO.
   § 14. In order to avoid endangering the fiscal stability of the Peeks-
 kill  city school district, certain apportionments payable to the Peeks-
 kill city school district shall be paid on an  accelerated  schedule  as
 follows:
   a. (1) Notwithstanding any other provisions of law, for aid payable in
 the school years 2022-23 through 2051-52 upon application to the commis-
 sioner  of education submitted not sooner than the second Monday in June
 of the school year in which such aid is payable and not later  than  the
 Friday  following  the  third Monday in June of the school year in which
 such aid is payable, or ten days after the effective date of  this  act,
 whichever  shall  be  later, the Peekskill city school district shall be
 eligible to receive an apportionment pursuant to this act in  an  amount
 equal  to  the  product  of  four  million five hundred thousand dollars
 ($4,500,000) and the quotient of the positive difference of thirty minus
 the number of school years elapsed since the 2022-23 school year divided
 by thirty.
   (2) Funds apportioned pursuant to this subdivision shall be  used  for
 services and expenses of the Peekskill city school district and shall be
 applied  to  support  of  its  educational  programs  and  any liability
 S. 8006--B                         31
 
 incurred by such city school district in carrying out its functions  and
 responsibilities under the education law.
   b.  The  claim  for  an apportionment to be paid to the Peekskill city
 school district pursuant to subdivision  a  of  this  section  shall  be
 submitted to the commissioner of education on a form prescribed for such
 purpose,  and  shall  be payable upon determination by such commissioner
 that the form has been submitted  as  prescribed  and  that  the  school
 district  has complied with the reporting requirements of this act.  For
 each school year in which application is made pursuant to subdivision  a
 of this section, such approved amount shall be payable on or before June
 thirtieth  of  such  school year upon the audit and warrant of the state
 comptroller on vouchers certified or approved  by  the  commissioner  of
 education  in  the  manner  prescribed  by  law from moneys in the state
 lottery fund appropriated for general support of public schools and from
 the general fund to the extent that the amount  paid  to  the  Peekskill
 city  school  district pursuant to this subdivision and subdivision a of
 this section exceeds the amount of the lottery  apportionment,  if  any,
 due  such school district pursuant to subparagraph (2) of paragraph a of
 subdivision l of section 3609-a  of  the  education  law  on  or  before
 September first of such school year.
   c.  Notwithstanding  the provisions of section 3609-a of the education
 law, an amount equal to the amount paid to  the  Peekskill  city  school
 district  during  the base year pursuant to subdivisions a and b of this
 section shall first be deducted from payments  due  during  the  current
 school  year  pursuant  to  subparagraphs  (1), (2), (3), (4) and (5) of
 paragraph a of subdivision 1 of section 3609-a of the education  law  in
 the  following  order:  the  lottery  apportionment  payable pursuant to
 subparagraph (2) of such paragraph followed by the fixed  fall  payments
 payable  pursuant to subparagraph (4) of such paragraph, and any remain-
 der to be deducted from the individualized payments due to the  district
 pursuant to paragraph b of such subdivision shall be deducted on a chro-
 nological basis starting with the earliest payment due the district.
   d.  Notwithstanding  any  other provisions of law, the sum of payments
 made to the Peekskill city school district during the base year pursuant
 to subdivisions a and b of this  section  plus  payments  made  to  such
 school  district  during  the current year pursuant to section 3609-a of
 the education law shall be deemed to truly represent all  aids  paid  to
 such  school  district  during  the current school year pursuant to such
 section 3609-a for the purposes of computing  any  adjustments  to  such
 aids that may occur in a subsequent school year.
   e. (1) On or before the first day of each month beginning in July 2022
 and ending in June 2051, the chief fiscal officer and the superintendent
 of  schools  of  the  Peekskill  city  school district shall prepare and
 submit to the board of education a report of the fiscal condition of the
 school district, including but not limited to the most current available
 data on fund balances on funds maintained by the school district and the
 district's use of the apportionments provided pursuant to subdivisions a
 and b of this section.
   (2) Such monthly report shall be in a format prescribed by the commis-
 sioner of education. The board of  education  shall  either  reject  and
 return  the report to the chief fiscal officer and the superintendent of
 schools for appropriate revisions and resubmittal or shall  approve  the
 report  and submit copies to the commissioner of education and the state
 comptroller of such approved report as submitted or resubmitted.
   (3) In the 2022-2023 through 2051-52 school years,  the  chief  fiscal
 officer  of the Peekskill city school district shall monitor all budgets
 S. 8006--B                         32
 
 and for each budget, shall prepare  a  quarterly  report  of  summarized
 budget  data  depicting  overall  trends  of  actual revenues and budget
 expenditures for the entire budget as well  as  individual  line  items.
 Such  report  shall  compare revenue estimates and appropriations as set
 forth in such budget with the actual revenues and expenditures  made  to
 date.  All  quarterly  reports  shall be accompanied by a recommendation
 from the superintendent of schools or chief fiscal officer to the  board
 of education setting forth any remedial actions necessary to resolve any
 unfavorable  budget variance including the overestimation of revenue and
 underestimation of appropriations. The chief fiscal officer  shall  also
 prepare,  as  part  of such report, a quarterly trial balance of general
 ledger accounts in accordance with generally accepted accounting princi-
 ples as prescribed by  the  state  comptroller.  All  reports  shall  be
 completed  within  sixty days after the end of each quarter and shall be
 submitted to the chief fiscal officer and the board of education of  the
 Peekskill city school district, the state division of budget, the office
 of  the  state  comptroller, the commissioner of education, the chair of
 the assembly ways and means  committee  and  the  chair  of  the  senate
 finance committee.
   § 15. 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  or
 part  of this act or remainder thereof, as the case may be, to any other
 person or circumstance, but shall be confined in its  operation  to  the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   §  16. This act shall take effect immediately; provided, however, that
 sections four, five, eight, and nine of this act shall take effect  July
 1, 2022.
 
                                  PART B
 
   Section  1.  This Part enacts into law major components of legislation
 relating to promoting zero-emission vehicles. Each component  is  wholly
 contained  within  a  Subpart  identified  as  Subparts A through C. 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 three of this Part sets forth  the  general  effective
 date of this Part.
                                 SUBPART A
 
 Section  1. The education law is amended by adding a new section 3638 to
 read as follows:
   § 3638. ZERO-EMISSION SCHOOL BUSES.   1.  FOR  THE  PURPOSES  OF  THIS
 SECTION  "ZERO-EMISSION  SCHOOL  BUS"  SHALL  MEAN A SCHOOL BUS THAT: IS
 PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED  POWER  ELECTRONICS  WHICH
 PROVIDE  ACCELERATION  TORQUE  TO THE DRIVE WHEELS DURING NORMAL VEHICLE
 OPERATIONS AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL  OR  BATTERY;
 S. 8006--B                         33
 
 OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF ATMOSPHERIC POLLUTANTS.
 FOR  THE  PURPOSES  OF  THIS  SECTION,  ZERO-EMISSION SCHOOL BUSES SHALL
 INCLUDE PURCHASED, LEASED, OR CONVERTED SCHOOL BUSES.
   2.  NO  LATER  THAN JULY FIRST, TWO THOUSAND TWENTY-NINE, EVERY SCHOOL
 DISTRICT SHALL:
   (A) ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES WHEN  PURCHASING
 OR LEASING NEW BUSES; AND
   (B)  INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
 SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR  THE
 SCHOOL  DISTRICT  MUST ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES
 WHEN PURCHASING OR LEASING NEW SCHOOL BUSES.
   3. NO LATER THAN JULY FIRST, TWO THOUSAND  THIRTY-FIVE,  EVERY  SCHOOL
 DISTRICT SHALL:
   (A) ONLY OPERATE AND MAINTAIN ZERO-EMISSION SCHOOL BUSES; AND
   (B)  INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
 SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR  THE
 SCHOOL  DISTRICT  MUST  ONLY  OPERATE  ZERO-EMISSION  SCHOOL  BUSES WHEN
 PROVIDING SUCH TRANSPORTATION SERVICES TO THE SCHOOL DISTRICT.
   4. (A) NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  ALL
 RIGHTS  OR  BENEFITS,  INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
 PROTECTION OF CIVIL SERVICE AND  COLLECTIVE  BARGAINING  STATUS  OF  ALL
 EXISTING  EMPLOYEES  OF  SCHOOL  DISTRICTS  OR  ANY ENTITY CONTRACTED TO
 PROVIDE PUPIL TRANSPORTATION SERVICES SHALL BE PRESERVED AND  PROTECTED.
 NOTHING  IN  THIS  SECTION  SHALL RESULT IN THE: (I) DISPLACEMENT OF ANY
 CURRENTLY  EMPLOYED  WORKER  OR  LOSS  OF  POSITION  (INCLUDING  PARTIAL
 DISPLACEMENT  SUCH  AS  A  REDUCTION  IN THE HOURS OF NON-OVERTIME WORK,
 WAGES, OR EMPLOYMENT BENEFITS)  OR  IMPAIRMENT  OF  EXISTING  COLLECTIVE
 BARGAINING  AGREEMENTS;  (II)  TRANSFER OF EXISTING DUTIES AND FUNCTIONS
 RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY  PERFORMED  BY  EXISTING
 EMPLOYEES  OF  AUTHORIZED  ENTITIES  TO  A  CONTRACTING ENTITY; OR (III)
 TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY PERFORMED BY  EMPLOY-
 EES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (B) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ZERO-EM-
 ISSION SCHOOL BUSES, CHARGING INFRASTRUCTURE, VEHICLES OR EQUIPMENT, THE
 TRANSIT  AGENCY,  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES, MUNICIPALITY OR PRIVATE SCHOOL BUS COMPANY  SHALL  CREATE  AND
 IMPLEMENT  A WORKFORCE DEVELOPMENT REPORT THAT: (I) FORECASTS THE NUMBER
 OF JOBS PROVIDED BY EXISTING SCHOOL BUSES, ROLLING  STOCK,  VEHICLES  OR
 EQUIPMENT  THAT  WOULD  BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE
 PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE  CREATED  AT  THE
 TRANSIT  PROVIDER  BY THE PROPOSED PURCHASE OVER A FIVE-YEAR PERIOD FROM
 THE DATE OF THE PUBLICATION OF THE WORKFORCE  DEVELOPMENT  REPORT;  (II)
 IDENTIFIES  GAPS  IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW ZERO-
 EMISSION SCHOOL BUSES, CHARGING INFRASTRUCTURE, VEHICLES  OR  EQUIPMENT;
 (III)  INCLUDES  A  COMPREHENSIVE  PLAN TO TRANSITION, TRAIN, OR RETRAIN
 EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE; AND (IV)  CONTAINS
 AN  ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE
 IMPACTED BY THE PROPOSED PURCHASE.
   (C) NOTHING CONTAINED HEREIN SHALL BE  CONSTRUED  TO  AFFECT  (I)  THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING  AGREEMENT OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN  THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ZERO-EMISSION SCHOOL  BUSES,  CHARGING  INFRASTRUC-
 TURE,  VEHICLES OR EQUIPMENT, THE TRANSIT AGENCY, SCHOOL DISTRICT, BOARD
 OF COOPERATIVE EDUCATIONAL SERVICES, MUNICIPALITY OR PRIVATE SCHOOL  BUS
 S. 8006--B                         34
 
 COMPANY  SHALL  INFORM THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY
 POTENTIAL JOBS THAT MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A  RESULT
 OF THE PURCHASE.
   5.  TO  ACHIEVE  THE PURCHASE AND CONTRACTING REQUIREMENTS DETAILED IN
 SUBDIVISION TWO OF THIS SECTION, THE NEW YORK STATE ENERGY RESEARCH  AND
 DEVELOPMENT  AUTHORITY  SHALL  PROVIDE  TECHNICAL  ASSISTANCE  TO SCHOOL
 DISTRICTS UPON REQUEST, AND SHALL PROVIDE ASSISTANCE TO SCHOOL DISTRICTS
 IN PURSUING STATE AND FEDERAL GRANTS  AND  OTHER  FUNDING  OPPORTUNITIES
 UPON REQUEST.
   §  2.  Paragraphs c, d and e of subdivision 2 of section 3623-a of the
 education law, paragraph c as amended by chapter  453  of  the  laws  of
 2005, paragraph d as added by chapter 474 of the laws of 1996, and para-
 graph e as amended by section 68 of part A of chapter 436 of the laws of
 1997, are amended and a new paragraph f is added to read as follows:
   c.  The purchase of equipment deemed a proper school district expense,
 including: (i) the purchase of two-way radios to be used on old and  new
 school  buses, (ii) the purchase of stop-arms, to be used on old and new
 school buses, (iii) the purchase and installation of seat  safety  belts
 on  school buses in accordance with the provisions of section thirty-six
 hundred thirty-five-a of this article, (iv) the purchase of  school  bus
 back  up  beepers,  (v)  the purchase of school bus front crossing arms,
 (vi) the purchase  of  school  bus  safety  sensor  devices,  (vii)  the
 purchase  and  installation  of  exterior  reflective  marking on school
 buses, (viii)  the  purchase  of  automatic  engine  fire  extinguishing
 systems  for school buses used to transport students who use wheelchairs
 or other assistive mobility devices, and  (ix)  the  purchase  of  other
 equipment as prescribed in the regulations of the commissioner; [and]
   d.  Other  transportation  capital, debt service and lease expense, as
 approved pursuant to regulations of the commissioner[.];
   e.  Any  approved  cost  of  construction,  reconstruction,  lease  or
 purchase  of  a transportation storage facility or site in the amount of
 ten thousand dollars or more shall be aidable in accordance with  subdi-
 vision  six  of section thirty-six hundred two of this article and shall
 not be aidable as transportation expense[.]; AND
   F. APPROVED COSTS RELATING TO THE LEASE,  PURCHASE,  CONSTRUCTION,  OR
 INSTALLATION  OF  ZERO-EMISSION SCHOOL BUS ELECTRIC CHARGING OR HYDROGEN
 FUELING STATIONS. FOR THE PURPOSES  OF  THIS  SECTION,  A  ZERO-EMISSION
 SCHOOL  BUS  ELECTRIC  CHARGING STATION IS A STATION THAT DELIVERS ELEC-
 TRICITY FROM A SOURCE OUTSIDE A ZERO-EMISSION SCHOOL  BUS  INTO  ONE  OR
 MORE ZERO-EMISSION SCHOOL BUSES. AN ELECTRIC SCHOOL BUS CHARGING STATION
 MAY  INCLUDE  SEVERAL  CHARGE  POINTS  SIMULTANEOUSLY CONNECTING SEVERAL
 ZERO-EMISSION SCHOOL BUSES TO THE  STATION  AND  ANY  RELATED  EQUIPMENT
 NEEDED  TO  FACILITATE CHARGING PLUG-IN ZERO-EMISSION SCHOOL BUSES.  ANY
 WORK RELATED TO THE CONSTRUCTION OR INSTALLATION OF ZERO-EMISSION SCHOOL
 BUS ELECTRIC CHARGING OR HYDROGEN FUELING STATIONS SHALL  BE  CONSIDERED
 PUBLIC  WORK, REGARDLESS OF PUBLIC OWNERSHIP, AND SUBJECT TO SECTION 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
 THE LABOR LAW.
   § 3. Paragraph e of subdivision 7 of section  3602  of  the  education
 law,  as  amended  by  section  4 of part L of chapter 57 of the laws of
 2005, is amended to read as follows:
   e. In determining approved transportation capital,  debt  service  and
 lease expense for aid payable in the two thousand five--two thousand six
 school  year  and  thereafter,  the  commissioner,  after  applying  the
 provisions of paragraph c of this subdivision  to  such  expense,  shall
 S. 8006--B                         35
 
 establish  an  assumed amortization pursuant to this paragraph to deter-
 mine the approved capital, debt service and lease expense of the  school
 district  that is aidable in the current year, whether or not the school
 district  issues  debt  for  such expenditures, subject to any deduction
 pursuant to paragraph d of this subdivision. Such  assumed  amortization
 shall  be  for  a period of five years, AND FOR THE TWO THOUSAND TWENTY-
 TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER  SUCH  ASSUMED
 AMORTIZATION  FOR ZERO-EMISSION SCHOOL BUSES AS DEFINED IN SECTION THIR-
 TY-SIX HUNDRED THIRTY-EIGHT OF THIS CHAPTER AND RELATED  COSTS  PURSUANT
 TO  PARAGRAPH F OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWENTY-
 THREE-A OF THIS CHAPTER SHALL BE FOR A  PERIOD  OF  FIFTEEN  YEARS,  and
 shall  commence  twelve  months  after the school district enters into a
 purchase contract[,] OR lease  of  the  school  bus,  CHARGING  STATION,
 HYDROGEN  REFUELING STATION, or equipment, or a general contract for the
 construction, reconstruction, lease  or  purchase  of  a  transportation
 storage  facility  or site in an amount less than ten thousand dollars[;
 except that where expenses were incurred for the purchase or lease of  a
 school  bus  or  equipment or the construction, reconstruction, lease or
 purchase of a transportation storage facility  or  site  prior  to  July
 first,  two  thousand five and debt service was still outstanding or the
 lease was still in effect as of  such  date,  the  assumed  amortization
 shall commence as of July first, two thousand five and the period of the
 amortization  shall  be for a period equal to five years less the number
 of years, rounded to the nearest year, elapsed from the date upon  which
 the school district first entered into such purchase contract or general
 contract and July first, two thousand five, as determined by the commis-
 sioner,  or  the  remaining  term  of  the  lease as of such date]. Such
 assumed amortization shall provide  for  equal  semiannual  payments  of
 principal  and interest based on an assumed interest rate established by
 the commissioner pursuant to this paragraph. By the first day of Septem-
 ber of the current year commencing with the two thousand five--two thou-
 sand six school year, each school district shall provide to the  commis-
 sioner  in  a  format prescribed by the commissioner such information as
 the commissioner shall require for all capital  debt  incurred  by  such
 school  district during the preceding school year for expenses allowable
 pursuant to subdivision two of section thirty-six hundred twenty-three-a
 of this article. Based on such reported amortizations and a  methodology
 prescribed  by  the  commissioner in regulations, the commissioner shall
 compute an assumed interest rate that shall equal  the  average  of  the
 interest  rates  applied  to  all  such debt issued during the preceding
 school year. The assumed interest rate shall be  the  interest  rate  of
 each  such  school  district  applicable  to  the  current  year for the
 purposes of this paragraph and shall be expressed as a decimal  to  five
 places rounded to the nearest eighth of one-one hundredth.
   §  4. Subparagraph 7 of paragraph e of subdivision 1 of section 3623-a
 of the education law, as added by chapter 474 of the laws  of  1996,  is
 amended to read as follows:
   (7)  fuel,  oil,  tires,  chains,  maintenance  and repairs for school
 buses, PROVIDED THAT FOR PURPOSES OF THIS ARTICLE,  FUEL  SHALL  INCLUDE
 ELECTRICITY  USED  TO  CHARGE  OR  HYDROGEN USED TO REFUEL ZERO-EMISSION
 SCHOOL BUSES FOR THE AIDABLE TRANSPORTATION OF  PUPILS,  BUT  SHALL  NOT
 INCLUDE ELECTRICITY OR HYDROGEN USED FOR OTHER PURPOSES;
   §  5.  Clause (a) of subdivision 29 of paragraph a of section 11.00 of
 the local finance law, as amended by chapter 300 of the laws of 1971, is
 amended to read as follows:
 S. 8006--B                         36
 
   (a) a passenger vehicle, other than a ZERO-EMISSION school bus, having
 a seating capacity of less than ten persons,
   §  6.  Subdivision 21-a of section 1604 of the education law, as added
 by chapter 472 of the laws of 1998, is amended to read as follows:
   21-a. To lease a motor vehicle or vehicles to be used for  the  trans-
 portation  of the children of the district from a school district, board
 of cooperative educational services or county vocational  education  and
 extension board or from any other source, under the conditions specified
 in  this subdivision. No such agreement for the lease of a motor vehicle
 or vehicles shall be for a term of more than one school  year,  provided
 that  when  authorized by a vote of the qualified voters of the district
 such lease may have a term of up to five years, OR FIFTEEN YEARS FOR THE
 LEASE OF ZERO-EMISSION SCHOOL BUSES AS  DEFINED  IN  SECTION  THIRTY-SIX
 HUNDRED  THIRTY-EIGHT  OF  THIS  CHAPTER.  Where the trustee or board of
 trustees enter into a lease of a motor vehicle or vehicles  pursuant  to
 this  subdivision for a term of one school year or less, such trustee or
 board shall not be authorized to enter into another lease for  the  same
 or  an  equivalent replacement vehicle or vehicles, as determined by the
 commissioner, without obtaining approval of the qualified voters of  the
 school district.
   §  7.  Paragraph  i of subdivision 25 of section 1709 of the education
 law, as added by chapter 472 of the laws of 1998, is amended to read  as
 follows:
   i.  In addition to the authority granted in paragraph e of this subdi-
 vision, the board of education shall be  authorized  to  lease  a  motor
 vehicle or vehicles to be used for the transportation of the children of
 the district from sources other than a school district, board of cooper-
 ative  educational services or county vocational education and extension
 board under the conditions specified in this paragraph. No  such  agree-
 ment for the lease of a motor vehicle or vehicles shall be for a term of
 more  than  one  school year, provided that when authorized by a vote of
 the qualified voters of the district such lease may have a term of up to
 five years, OR FIFTEEN YEARS FOR THE LEASE OF ZERO-EMISSION SCHOOL BUSES
 AS DEFINED IN SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF  THIS  CHAPTER.
 Where  the board of education enters a lease of a motor vehicle or vehi-
 cles pursuant to this paragraph for a term of one school year  or  less,
 such  board  shall  not be authorized to enter into another lease of the
 same or an equivalent replacement vehicle or vehicles, as determined  by
 the commissioner, without obtaining approval of the voters.
   §  8.  Subdivision  29-a  of paragraph a of section 11.00 of the local
 finance law, as added by section 1 of part BB of chapter 58 of the  laws
 of 2015, is amended to read as follows:
   29-a.  Transit motor vehicles. The purchase of municipally owned omni-
 bus or similar surface transit motor vehicles, ten years;  THE  PURCHASE
 OF  ZERO-EMISSION  BUSES AS DEFINED IN SECTION SEVENTEEN-C OF THE TRANS-
 PORTATION LAW, FIFTEEN YEARS; AND THE PURCHASE OF  ZERO-EMISSION  SCHOOL
 BUSES  OWNED  BY  A SCHOOL DISTRICT DEFINED PURSUANT TO PARAGRAPH TWO OF
 SECTION 2.00 OF THIS CHAPTER, A CITY SCHOOL DISTRICT WITH  A  POPULATION
 OF MORE  THAN  ONE  HUNDRED  TWENTY-FIVE  THOUSAND INHABITANTS, OR BOARD
 OF COOPERATIVE EDUCATIONAL SERVICES, FIFTEEN YEARS.
   § 9. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1.  The transportation law is amended by adding a new section
 17-c to read as follows:
 S. 8006--B                         37
 
   § 17-C. ZERO-EMISSION BUSES. 1. NO LATER THAN JANUARY FIRST, TWO THOU-
 SAND TWENTY-NINE, EVERY PUBLIC TRANSPORTATION SYSTEM ELIGIBLE TO RECEIVE
 OPERATING ASSISTANCE UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF  THIS
 ARTICLE  SHALL  BE  REQUIRED  TO  PURCHASE  ONLY ZERO-EMISSION BUSES AND
 RELATED  EQUIPMENT  AND  FACILITIES AS PART OF THE NORMAL REPLACEMENT OF
 ITS FLEET.  NO LATER THAN JANUARY FIRST, TWO THOUSAND  THIRTY-FIVE,  ANY
 HYDROGEN  FUEL  CELL  ZERO-EMISSION  BUS  SHALL  BE  POWERED BY HYDROGEN
 DERIVED FROM ZERO-EMISSION ELECTRICITY.
   2. FOR PURPOSES OF THIS SECTION "ZERO-EMISSION BUS" SHALL MEAN A MOTOR
 VEHICLE THAT HAS A SEATING CAPACITY OF FIFTEEN  OR  MORE  PASSENGERS  IN
 ADDITION  TO  THE  DRIVER AND USED FOR THE TRANSPORTATION OF PERSONS; IS
 PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED  POWER  ELECTRONICS  WHICH
 PROVIDE  ACCELERATION  TORQUE  TO THE DRIVE WHEELS DURING NORMAL VEHICLE
 OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN  FUEL  CELL  OR  FROM  A
 BATTERY  WHICH  IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL SOURCE OF
 ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF ATMOSPHER-
 IC POLLUTANTS.  PROVIDED, HOWEVER, THAT FOR PURPOSES  OF  THIS  SECTION,
 ZERO-EMISSION  BUSES  SHALL  INCLUDE  PARATRANSIT  VEHICLES SPECIFICALLY
 DESIGNATED BY PUBLIC  TRANSPORTATION  SYSTEMS  TO  SERVE  THE  NEEDS  OF
 PERSONS WHO CANNOT USE FIXED ROUTE TRANSIT BUSES, SUBWAYS OR RAPID TRAN-
 SIT.
   3.  (A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, ALL
 RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (I) DISPLACEMENT
 OF  ANY CURRENTLY   EMPLOYED  WORKER  OR  LOSS  OF  POSITION  (INCLUDING
 PARTIAL DISPLACEMENT SUCH AS A REDUCTION  IN THE HOURS  OF  NON-OVERTIME
 WORK,  WAGES,  OR  EMPLOYMENT  BENEFITS)  OR RESULT IN THE IMPAIRMENT OF
 EXISTING COLLECTIVE BARGAINING AGREEMENTS;  (II)  TRANSFER  OF  EXISTING
 DUTIES  AND  FUNCTIONS  RELATED  TO MAINTENANCE AND OPERATIONS CURRENTLY
 PERFORMED BY EXISTING  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY; OR (III)   TRANSFER OF FUTURE DUTIES  AND  FUNCTIONS  ORDINARILY
 PERFORMED  BY  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (B)  AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
 ESS FOR NEW ZERO-EMISSION BUSES, THE TRANSIT AUTHORITY, AGENCY OR  MUNI-
 CIPALITY  SHALL CREATE AND IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT
 (I) FORECASTS THE NUMBER OF JOBS PROVIDED BY EXISTING OMNIBUSES, ROLLING
 STOCK, VEHICLES OR EQUIPMENT THAT WOULD BE ELIMINATED  OR  SUBSTANTIALLY
 CHANGED AFTER THE PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE
 CREATED AT THE TRANSIT PROVIDER BY THE PROPOSED PURCHASE OVER A SIX-YEAR
 PERIOD  FROM  THE  DATE  OF THE PUBLICATION OF THE WORKFORCE DEVELOPMENT
 REPORT, (II) IDENTIFIES GAPS IN SKILLS NEEDED TO  OPERATE  AND  MAINTAIN
 THE  NEW  ZERO-EMISSION BUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIP-
 MENT, (III) INCLUDES A  COMPREHENSIVE  PLAN  TO  TRANSITION,  TRAIN,  OR
 RETRAIN  EMPLOYEES  THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND (IV)
 CONTAINS AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN  EMPLOYEES
 THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C)  NOTHING  CONTAINED  HEREIN  SHALL  BE CONSTRUED TO AFFECT (I) THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN  THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ZERO-EMISSION BUSES,  ROLLING  STOCK,  VEHICLES  OR
 RELATED  EQUIPMENT,  THE TRANSIT AUTHORITY, AGENCY OR MUNICIPALITY SHALL
 INFORM THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL  JOBS
 S. 8006--B                         38
 
 THAT  MAY  BE  AFFECTED,  ALTERED,  OR  ELIMINATED  AS  A  RESULT OF THE
 PURCHASE, AND IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   4.  (A)  BEGINNING  IN  TWO THOUSAND TWENTY-EIGHT AND EVERY FIVE YEARS
 THEREAFTER UNTIL A PUBLIC TRANSPORTATION SYSTEM HAS TRANSITIONED ENTIRE-
 LY TO USING ZERO-EMISSION  BUSES,  EVERY  PUBLIC  TRANSPORTATION  SYSTEM
 COVERED  PURSUANT TO THIS SECTION SHALL SUBMIT TO THE DEPARTMENT A TRAN-
 SITION PLAN FOR COMPLYING WITH THE TWO THOUSAND TWENTY-NINE  PROCUREMENT
 REQUIREMENT  AND  FOR  TRANSITIONING TO ZERO-EMISSION BUSES.   SUCH PLAN
 SHALL INCLUDE WITHOUT LIMITATION:
   (I) A LIST OR REPORT OF THE POLICIES AND PRACTICES TO COMPLY WITH  THE
 TWO THOUSAND TWENTY-NINE REQUIREMENT TO PROCURE ONLY ZERO-EMISSION BUSES
 AND  A  GOAL TO FULLY TRANSITION TO ZERO-EMISSION FLEETS BY TWO THOUSAND
 FORTY, INCLUDING OTHER  RELEVANT  PROCUREMENT  TARGETS  AND  PERFORMANCE
 METRICS,  INCLUDING  WITHOUT LIMITATION AN INTERIM GOAL OF CONVERTING TO
 FIFTY PERCENT ZERO-EMISSION BUSES BY TWO THOUSAND THIRTY-FIVE.
   (II) IDENTIFICATION OF BARRIERS, CONSTRAINTS, AND RISKS TO ONE HUNDRED
 PERCENT TRANSITION BASED ON A PUBLIC  TRANSPORTATION  SYSTEM'S  SPECIFIC
 ROUTES AND UNIQUE CIRCUMSTANCES, AND STRATEGIES TO ADDRESS THOSE ISSUES.
   (III)  IDENTIFICATION  OF  THE  TYPES OF BUSES A PUBLIC TRANSPORTATION
 SYSTEM PLANS TO DEPLOY, AND A SCHEDULE OF ZERO-EMISSION  AND  COMBUSTION
 BUS  PURCHASE  AND  LEASE  OPTIONS,  AND  ZERO-EMISSION BUS RETROFITS IF
 APPLICABLE.
   (IV) A SCHEDULE FOR THE CONSTRUCTION OF FACILITIES AND  INFRASTRUCTURE
 MODIFICATIONS  OR UPGRADES, INCLUDING BUT NOT LIMITED TO CHARGING, FUEL-
 ING, AND MAINTENANCE FACILITIES, NEEDED TO  SUPPORT  THE  DEPLOYMENT  OF
 ZERO-EMISSION BUSES.
   (V)  AN  OUTREACH PLAN TO COORDINATE WITH OTHER RELEVANT STAKEHOLDERS,
 INCLUDING UTILITIES, LOCAL GOVERNMENTS, AND BUS RIDERS.
   (VI) A PLAN TO PRIORITIZE ZERO-EMISSION BUS  DEPLOYMENTS  IN  OR  NEAR
 DISADVANTAGED  COMMUNITIES, DEFINED IN ARTICLE SEVENTY-FIVE OF THE ENVI-
 RONMENTAL CONSERVATION LAW.
   (VII) A TRAINING PLAN AND SCHEDULE FOR BUS OPERATORS, MAINTENANCE  AND
 REPAIR  STAFF,  WHICH  MAY  BE INCORPORATED INTO A WORKFORCE DEVELOPMENT
 REPORT REQUIRED PURSUANT TO THIS SECTION, SECTION  TWENTY-EIGHT  HUNDRED
 SEVENTY-EIGHT-A  OF  THE PUBLIC AUTHORITIES LAW, AND SECTION ONE HUNDRED
 FOUR OF THE GENERAL MUNICIPAL LAW.
   (VIII) COST ESTIMATES TO IMPLEMENT THE ZERO-EMISSION  BUS  TRANSITION,
 AND  IDENTIFICATION  OF EXISTING FUNDING SOURCES AVAILABLE THAT COULD BE
 USED TO TRANSITION TO ONE HUNDRED PERCENT ZERO-EMISSION BUSES.
   (IX)   AN ANALYSIS OF  SPECIFIC  STRATEGIES,  CONSTRAINTS,  AND  NEEDS
 RELATED  TO THE PROCUREMENT OF ZERO-EMISSION BUSES FOR PARATRANSIT OPER-
 ATIONS AND, IF RELEVANT, INTERCITY BUS SERVICE OR BUS  SERVICE  THAT  IS
 INTENDED  TO  SATISFY  LONGER  DISTANCE  TRAVEL  DEMAND  BETWEEN CITIES,
 VILLAGES AND UNINCORPORATED URBAN PLACES.
   (X) IDENTIFICATION OF FUEL SOURCES USED TO  FUEL  HYDROGEN  FUEL  CELL
 BUSES,  AND  A PLAN TO ENSURE ALL HYDROGEN FUEL CELL ZERO-EMISSION BUSES
 WILL USE HYDROGEN DERIVED FROM ZERO-EMISSION ELECTRICITY BY TWO THOUSAND
 THIRTY-FIVE.
   (B) (I) TO EFFECTUATE THE PURPOSES OF THIS SECTION, PUBLIC TRANSPORTA-
 TION SYSTEMS MAY REQUEST AND SHALL RECEIVE FROM  ANY  DEPARTMENT,  DIVI-
 SION,  BOARD,  BUREAU,  COMMISSION  OR  OTHER AGENCY OF THE STATE OR ANY
 PUBLIC AUTHORITY SUCH TECHNICAL ASSISTANCE, INFORMATION AND DATA AS WILL
 ENABLE THEM TO PROPERLY CARRY OUT ITS POWERS AND DUTIES PURSUANT TO THIS
 SECTION.
 S. 8006--B                         39
 
   (II) PROVIDED ADDITIONALLY THAT PUBLIC  TRANSPORTATION  SYSTEMS  SHALL
 CONSULT  WITH THE DEPARTMENT AND WITH THE NEW YORK STATE ENERGY RESEARCH
 AND DEVELOPMENT AUTHORITY IN DEVELOPING THEIR TRANSITION PLANS.
   (III)  THE  DEPARTMENT, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY PURSUANT TO SECTIONS EIGHTEEN HUNDRED
 FIFTY-FOUR AND EIGHTEEN HUNDRED EIGHTY-FOUR OF  THE  PUBLIC  AUTHORITIES
 LAW  AND ANY OTHER RELEVANT SECTIONS, SHALL PROVIDE TECHNICAL ASSISTANCE
 TO PUBLIC TRANSPORTATION SYSTEMS UPON REQUEST, AND SHALL PROVIDE ASSIST-
 ANCE TO PUBLIC TRANSPORTATION SYSTEMS UPON  REQUEST  FOR  ASSISTANCE  IN
 PURSUING  STATE  AND  FEDERAL GRANT AND OTHER FUNDING OPPORTUNITIES. THE
 DEPARTMENT SHALL ALSO FACILITATE THE COORDINATION OF PURCHASING, INSTAL-
 LATION AND SHARING SERVICES BETWEEN PUBLIC TRANSPORTATION SYSTEMS  SERV-
 ING  PRIMARILY  OUTSIDE  OF  CITIES  WITH A POPULATION OF ONE MILLION OR
 MORE.
   (C) PUBLIC TRANSPORTATION SYSTEMS  SHALL  SOLICIT  PUBLIC  COMMENT  IN
 DEVELOPING  TRANSITION PLANS, AND ARE AUTHORIZED TO HOLD PUBLIC HEARINGS
 AND MEETINGS IN ACCORDANCE WITH ARTICLE SEVEN  OF  THE  PUBLIC  OFFICERS
 LAW,  AND  CONSULT  WITH  ANY  ORGANIZATION, EDUCATIONAL INSTITUTION, OR
 OTHER GOVERNMENT ENTITY OR PERSON, TO ENABLE THEM  TO  ACCOMPLISH  THEIR
 DUTIES.
   (D)  THE  DEPARTMENT  SHALL PUBLISH TRANSITION PLANS ON THEIR PUBLICLY
 ACCESSIBLE WEBSITE WITHIN THIRTY DAYS OF THE PLANS BEING FINALIZED  WITH
 THE DEPARTMENT.
   § 2. The transportation law is amended by adding a new section 18-c to
 read as follows:
   §  18-C.  CAPITAL  PLAN  REQUIREMENTS.  IN  FORMULATING  THE FIVE-YEAR
 DEPARTMENT OF TRANSPORTATION CAPITAL PLANS, THE  DEPARTMENT  SHALL:  (A)
 CONSIDER  THE  REQUIREMENT OF SECTION SEVENTEEN-C OF THIS ARTICLE IN ITS
 DISBURSEMENT OF PAYMENT FOR THE COSTS  OF  MASS  TRANSPORTATION  CAPITAL
 PROJECTS  AND  FACILITIES AND GIVE PREFERENCE IN THE FORM OF PAYMENTS TO
 PUBLIC TRANSPORTATION SYSTEMS ELIGIBLE TO RECEIVE  OPERATING  ASSISTANCE
 UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF THIS ARTICLE THAT ARE ABLE
 TO  DEMONSTRATE  COMMITMENTS  MADE  TOWARDS  PURCHASING AND RETROFITTING
 ZERO-EMISSION BUSES AND RELATED EQUIPMENT AND FACILITIES; AND (B) FACIL-
 ITATE FOR PURPOSES OF MEETING THE REQUIREMENT OF SECTION SEVENTEEN-C  OF
 THIS  ARTICLE  THE  COORDINATION OF PURCHASING, INSTALLATION AND SHARING
 SERVICES BETWEEN PUBLIC TRANSPORTATION SYSTEMS SERVING PRIMARILY OUTSIDE
 THE CITY OF NEW YORK.
   § 3. Section 2878-a of the public authorities law is amended by adding
 a new subdivision 3 to read as follows:
   3. (A) A TRANSPORTATION AUTHORITY ESTABLISHED UNDER THIS CHAPTER  MAY,
 BY  RESOLUTION  APPROVED  BY  A  TWO-THIRDS  VOTE OF ITS MEMBERS THEN IN
 OFFICE, OR BY A DECLARATION THAT COMPETITIVE BIDDING IS  IMPRACTICAL  OR
 INAPPROPRIATE WITH RESPECT TO ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK,
 VEHICLES  OR  OTHER  RELATED  EQUIPMENT  BECAUSE  THE  ITEM IS AVAILABLE
 THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR  AND  (I)  ANOTHER  PUBLIC
 AUTHORITY  PROVIDED  THAT  SUCH  OTHER  AUTHORITY  UTILIZED A PROCESS OF
 COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE REQUESTS  FOR  PROPOSALS
 TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW YORK, OR (III) A POLI-
 TICAL  SUBDIVISION  OF  THE STATE OF NEW YORK, PROVIDED THAT IN ANY CASE
 WHEN UNDER THIS SUBDIVISION THE AUTHORITY DETERMINES THAT OBTAINING SUCH
 ITEM THEREBY WOULD BE IN THE PUBLIC INTEREST AND SETS FORTH THE  REASONS
 FOR  SUCH  DETERMINATION. THE AUTHORITY SHALL ACCEPT SOLE RESPONSIBILITY
 FOR ANY PAYMENT DUE THE VENDOR AS A RESULT OF THE AUTHORITY'S ORDER.  IN
 EACH  CASE  WHERE THE AUTHORITY DECLARES COMPETITIVE BIDDING IMPRACTICAL
 OR INAPPROPRIATE, IT SHALL STATE THE  REASON  THEREFOR  IN  WRITING  AND
 S. 8006--B                         40
 
 SUMMARIZE ANY NEGOTIATIONS THAT HAVE BEEN CONDUCTED. THE AUTHORITY SHALL
 NOT  AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVISION EARLIER THAN THIRTY
 DAYS FROM THE DATE ON WHICH  THE  AUTHORITY  DECLARES  THAT  COMPETITIVE
 BIDDING  IS  IMPRACTICAL  OR  INAPPROPRIATE.  ALL  PROCUREMENTS APPROVED
 PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
 THE DEPARTMENT OF AUDIT AND  CONTROL  OR  ANY  SUCCESSOR  AGENCIES.  FOR
 PURPOSES  OF  THIS  SUBDIVISION,  "TRANSPORTATION  AUTHORITY"  SHALL NOT
 INCLUDE TRANSPORTATION AUTHORITIES GOVERNED UNDER  TITLES  NINE,  NINE-A
 AND  ELEVEN  OF  ARTICLE  FIVE OF THIS CHAPTER OR TITLE THREE OF ARTICLE
 THREE OF THIS CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION,  "ELECTRIC-
 POWERED OMNIBUSES" SHALL INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHER-
 WISE  CONTROLLED BY THE AUTHORITY THAT OTHERWISE MEETS THE DEFINITION OF
 BUS PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE  AND  TRAFFIC
 LAW  THAT  IS  PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER ELEC-
 TRONICS WHICH PROVIDE ACCELERATION TORQUE TO  THE  DRIVE  WHEELS  DURING
 NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL
 OR  FROM  A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL
 SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION  OF
 ATMOSPHERIC POLLUTANTS.
   (B)  (I)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ALL
 RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
 OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING  PARTIAL
 DISPLACEMENT  SUCH  AS  A  REDUCTION  IN THE HOURS OF NON-OVERTIME WORK,
 WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT  OF  EXISTING
 COLLECTIVE  BARGAINING  AGREEMENTS;  (2) TRANSFER OF EXISTING DUTIES AND
 FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY  PERFORMED  BY
 EXISTING    EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY; OR
 (3)  TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY  PERFORMED    BY
 EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
 ESS  FOR  NEW  ELECTRIC-POWERED  OMNIBUSES,  ROLLING  STOCK, VEHICLES OR
 RELATED EQUIPMENT, THE AUTHORITY SHALL CREATE AND IMPLEMENT A  WORKFORCE
 DEVELOPMENT  REPORT  THAT  (1)  FORECASTS THE NUMBER OF JOBS PROVIDED BY
 EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES OR EQUIPMENT THAT  WOULD  BE
 ELIMINATED  OR  SUBSTANTIALLY CHANGED AFTER THE PURCHASE, AS WELL AS THE
 NUMBER OF JOBS EXPECTED TO BE CREATED AT THE AUTHORITY BY  THE  PROPOSED
 PURCHASE  OVER A SIX-YEAR PERIOD FROM THE DATE OF THE PUBLICATION OF THE
 WORKFORCE DEVELOPMENT REPORT, (2) IDENTIFIES GAPS IN  SKILLS  NEEDED  TO
 OPERATE  AND MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK,
 VEHICLES OR RELATED EQUIPMENT, (3)  INCLUDES  A  COMPREHENSIVE  PLAN  TO
 TRANSITION,  TRAIN,  OR  RETRAIN  EMPLOYEES  THAT  ARE  IMPACTED  BY THE
 PROPOSED PURCHASE, AND (4) CONTAINS AN ESTIMATED BUDGET  TO  TRANSITION,
 TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C)  NOTHING  CONTAINED  HEREIN  SHALL  BE CONSTRUED TO AFFECT (I) THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN  THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR  MUNICIPALITY  SHALL  INFORM
 THE  RESPECTIVE  COLLECTIVE  BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
 S. 8006--B                         41
 
   § 4. Section 104 of the general municipal law is amended by  adding  a
 new subdivision 3 to read as follows:
   3.  (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
 THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL  LAW,  ANY  CHIEF
 EXECUTIVE  OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A
 PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE  PURCHASES  OF  ELEC-
 TRIC-POWERED  OMNIBUSES  OR  OTHER  RELATED  EQUIPMENT UPON A RESOLUTION
 APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN  OFFICE  BECAUSE  THE
 ITEM  IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (I)
 A PUBLIC AUTHORITY OF THE  STATE  PROVIDED  THAT  SUCH  OTHER  AUTHORITY
 UTILIZED  A  PROCESS  OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE
 REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW
 YORK, OR (III) A  POLITICAL  SUBDIVISION  OF  THE  STATE  OF  NEW  YORK,
 PROVIDED  THAT  IN  ANY  CASE  WHEN UNDER THIS SUBDIVISION THE POLITICAL
 SUBDIVISION DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN  THE
 PUBLIC  INTEREST  AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE
 POLITICAL SUBDIVISION SHALL NOT AWARD  ANY  CONTRACT  PURSUANT  TO  THIS
 SUBDIVISION  EARLIER  THAN  THIRTY DAYS FROM THE DATE ON WHICH THE POLI-
 TICAL SUBDIVISION DECLARES THAT COMPETITIVE BIDDING  IS  IMPRACTICAL  OR
 INAPPROPRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
 THE  POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT
 OF AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES  OF  THIS  SUBDIVI-
 SION, "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPOR-
 TATION  SYSTEM"  SHALL  NOT  INCLUDE TRANSPORTATION AUTHORITIES GOVERNED
 UNDER TITLES NINE, NINE-A AND ELEVEN  OF  ARTICLE  FIVE  OF  THE  PUBLIC
 AUTHORITIES  LAW  OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORI-
 TIES LAW. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED  OMNI-
 BUSES"  SHALL  INCLUDE  ANY  BUS  OWNED,  LEASED,  RENTED  OR  OTHERWISE
 CONTROLLED BY THE POLITICAL SUBDIVISION THAT OTHERWISE MEETS  THE  DEFI-
 NITION OF BUS PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND
 TRAFFIC  LAW THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER
 ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING
 NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL
 OR FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM  AN  EXTERNAL
 SOURCE  OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
 ATMOSPHERIC POLLUTANTS.
   (B) (I) NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  ALL
 RIGHTS  OR  BENEFITS,  INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
 PROTECTION OF CIVIL SERVICE AND  COLLECTIVE  BARGAINING  STATUS  OF  ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
 OF ANY CURRENTLY  EMPLOYED  WORKER  OR  LOSS   OF   POSITION,  INCLUDING
 PARTIAL  DISPLACEMENT  SUCH AS A REDUCTION  IN THE HOURS OF NON-OVERTIME
 WORK, WAGES, OR EMPLOYMENT BENEFITS, OR  RESULT  IN  THE  IMPAIRMENT  OF
 EXISTING  COLLECTIVE  BARGAINING  AGREEMENTS;  (2)  TRANSFER OF EXISTING
 DUTIES AND FUNCTIONS RELATED TO  MAINTENANCE  AND  OPERATIONS  CURRENTLY
 PERFORMED BY EXISTING  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY;  OR  (3)    TRANSFER  OF  FUTURE DUTIES AND FUNCTIONS ORDINARILY
 PERFORMED  BY  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
 ESS FOR NEW  ELECTRIC-POWERED  OMNIBUSES,  ROLLING  STOCK,  VEHICLES  OR
 RELATED  EQUIPMENT,  THE TRANSIT AGENCY OR MUNICIPALITY SHALL CREATE AND
 IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT (1) FORECASTS  THE  NUMBER
 OF  JOBS  PROVIDED  BY  EXISTING  OMNIBUSES,  ROLLING STOCK, VEHICLES OR
 EQUIPMENT THAT WOULD BE ELIMINATED OR SUBSTANTIALLY  CHANGED  AFTER  THE
 PURCHASE,  AS  WELL  AS THE NUMBER OF JOBS EXPECTED TO BE CREATED AT THE
 S. 8006--B                         42
 
 TRANSIT PROVIDER BY THE PROPOSED PURCHASE OVER A  SIX-YEAR  PERIOD  FROM
 THE  DATE  OF  THE  PUBLICATION OF THE WORKFORCE DEVELOPMENT REPORT, (2)
 IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE  NEW  ELEC-
 TRIC-POWERED  OMNIBUSES,  ROLLING  STOCK, VEHICLES OR RELATED EQUIPMENT,
 (3) INCLUDES A COMPREHENSIVE  PLAN  TO  TRANSITION,  TRAIN,  OR  RETRAIN
 EMPLOYEES  THAT  ARE IMPACTED BY THE PROPOSED PURCHASE, AND (4) CONTAINS
 AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT  ARE
 IMPACTED BY THE PROPOSED PURCHASE.
   (C)  NOTHING  CONTAINED  HEREIN  SHALL  BE CONSTRUED TO AFFECT (I) THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN  THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR  MUNICIPALITY  SHALL  INFORM
 THE  RESPECTIVE  COLLECTIVE  BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   § 5. Section 104 of the general municipal law, as amended  by  section
 27  of  part  L of chapter 55 of the laws of 2012, is amended to read as
 follows:
   § 104. Purchase through office of general services. 1. Notwithstanding
 the provisions of section one hundred three of this article  or  of  any
 other  general,  special or local law, any officer, board or agency of a
 political subdivision, of a district therein, of a fire company or of  a
 voluntary  ambulance  service is authorized to make purchases of commod-
 ities and services available pursuant to section one hundred sixty-three
 of the state finance law, may make such purchases through the office  of
 general  services  subject to such rules as may be established from time
 to time pursuant to section one hundred sixty-three of the state finance
 law or through the general services administration pursuant  to  section
 1555  of the federal acquisition streamlining act of 1994, P.L. 103-355;
 provided that any such purchase shall exceed five  hundred  dollars  and
 that  the  political  subdivision,  district,  fire company or voluntary
 ambulance service for which such officer, board  or  agency  acts  shall
 accept sole responsibility for any payment due the vendor. All purchases
 shall  be  subject to audit and inspection by the political subdivision,
 district, fire company or voluntary ambulance service for which made. No
 officer, board or agency of a political subdivision, or a district ther-
 ein, of a fire company or of a voluntary ambulance  service  shall  make
 any  purchase  through such office when bids have been received for such
 purchase by such officer, board or agency, unless such purchase  may  be
 made upon the same terms, conditions and specifications at a lower price
 through  such  office. Two or more fire companies or voluntary ambulance
 services may join in making purchases pursuant to this section, and  for
 the purposes of this section such groups shall be deemed "fire companies
 or voluntary ambulance services."
   2.  (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
 THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL  LAW,  ANY  CHIEF
 EXECUTIVE  OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A
 PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE  PURCHASES  OF  ELEC-
 TRIC-POWERED  OMNIBUSES  OR  OTHER  RELATED  EQUIPMENT UPON A RESOLUTION
 APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN  OFFICE  BECAUSE  THE
 ITEM  IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (A)
 A PUBLIC AUTHORITY OF THE  STATE  PROVIDED  THAT  SUCH  OTHER  AUTHORITY
 UTILIZED  A  PROCESS  OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE
 S. 8006--B                         43
 
 REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF  NEW
 YORK,  OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED
 THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE  POLITICAL  SUBDIVISION
 DETERMINES  THAT  OBTAINING  SUCH  ITEM  THEREBY  WOULD BE IN THE PUBLIC
 INTEREST AND SETS FORTH THE REASONS FOR SUCH  DETERMINATION.  THE  POLI-
 TICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVI-
 SION  EARLIER  THAN  THIRTY  DAYS  FROM  THE DATE ON WHICH THE POLITICAL
 SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO-
 PRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND  INSPECTION  BY  THE
 POLITICAL  SUBDIVISION  FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT OF
 AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES OF  THIS  SUBDIVISION,
 "POLITICAL  SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPORTATION
 SYSTEM" SHALL NOT  INCLUDE  TRANSPORTATION  AUTHORITIES  GOVERNED  UNDER
 TITLES NINE, NINE-A AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES
 LAW  OR  TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW. FOR
 THE PURPOSES OF THIS  SUBDIVISION,  "ELECTRIC-POWERED  OMNIBUSES"  SHALL
 INCLUDE  ANY  BUS  OWNED,  LEASED, RENTED OR OTHERWISE CONTROLLED BY THE
 POLITICAL  SUBDIVISION  THAT  OTHERWISE  MEETS  THE  DEFINITION  OF  BUS
 PROVIDED  IN  SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND TRAFFIC LAW
 THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER  ELECTRONICS
 WHICH  PROVIDE  ACCELERATION  TORQUE  TO  THE DRIVE WHEELS DURING NORMAL
 VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A  HYDROGEN  FUEL  CELL  OR
 FROM  A  BATTERY  WHICH  IS  CAPABLE OF BEING RECHARGED FROM AN EXTERNAL
 SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION  OF
 ATMOSPHERIC POLLUTANTS.
   (B)  (I)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ALL
 RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
 OF  ANY CURRENTLY   EMPLOYED   WORKER  OR  LOSS  OF  POSITION, INCLUDING
 PARTIAL DISPLACEMENT SUCH AS A REDUCTION  IN THE HOURS  OF  NON-OVERTIME
 WORK,  WAGES,  OR  EMPLOYMENT  BENEFITS,  OR RESULT IN THE IMPAIRMENT OF
 EXISTING COLLECTIVE BARGAINING  AGREEMENTS;  (2)  TRANSFER  OF  EXISTING
 DUTIES  AND  FUNCTIONS  RELATED  TO MAINTENANCE AND OPERATIONS CURRENTLY
 PERFORMED BY EXISTING  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY; OR (3)   TRANSFER OF  FUTURE  DUTIES  AND  FUNCTIONS  ORDINARILY
 PERFORMED  BY  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
 ESS  FOR  NEW  ELECTRIC-POWERED  OMNIBUSES,  ROLLING  STOCK, VEHICLES OR
 RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL  CREATE  AND
 IMPLEMENT  A  WORKFORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER
 OF JOBS PROVIDED BY  EXISTING  OMNIBUSES,  ROLLING  STOCK,  VEHICLES  OR
 EQUIPMENT  THAT  WOULD  BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE
 PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE  CREATED  AT  THE
 TRANSIT  PROVIDER  BY  THE PROPOSED PURCHASE OVER A SIX-YEAR PERIOD FROM
 THE DATE OF THE PUBLICATION OF THE  WORKFORCE  DEVELOPMENT  REPORT,  (2)
 IDENTIFIES  GAPS  IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW ELEC-
 TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES  OR  RELATED  EQUIPMENT,
 (3)  INCLUDES  A  COMPREHENSIVE  PLAN  TO  TRANSITION, TRAIN, OR RETRAIN
 EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND  (4)  CONTAINS
 AN  ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE
 IMPACTED BY THE PROPOSED PURCHASE.
   (C) NOTHING CONTAINED HEREIN SHALL BE  CONSTRUED  TO  AFFECT  (I)  THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 S. 8006--B                         44
 
 EMPLOYEE  ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN THE
 EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING  THE  PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR  RELATED  EQUIPMENT,  THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
 THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY  POTENTIAL  JOBS  THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   § 6. The transportation law is amended by adding a new section 18-d to
 read as follows:
   §  18-D.  ZERO-EMISSION  BUS PROCUREMENT CONTRACT PROPOSALS.  1. EVERY
 PUBLIC TRANSPORTATION SYSTEM ELIGIBLE TO  RECEIVE  OPERATING  ASSISTANCE
 PURSUANT  TO  SECTION EIGHTEEN-B OF THIS ARTICLE SHALL USE A SYSTEM THAT
 INCORPORATES A BEST-VALUE CONTRACTING FRAMEWORK TO CONSIDER THE QUALITY,
 COST AND EFFICIENCY OF OFFERORS  WHEN  EVALUATING  PROCUREMENT  CONTRACT
 PROPOSALS FOR THE PURCHASE OF ZERO-EMISSION BUSES AND CHARGING EQUIPMENT
 IN  THE  EVENT IT ADOPTS A BEST-VALUE CONTRACTING FRAMEWORK. SUCH FRAME-
 WORK SHALL REFLECT, WHENEVER POSSIBLE, OBJECTIVE AND QUANTIFIABLE ANALY-
 SIS. SUCH FRAMEWORK SHALL IDENTIFY A QUANTITATIVE  FACTOR  FOR  OFFERORS
 THAT  PRIORITIZE  AND INCLUDE THE FOLLOWING IN SUCH PROCUREMENT CONTRACT
 PROPOSAL:
   (A) AN EMPLOYMENT PLAN WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) WORKER WAGES, INCLUDING THE CONTRACTOR'S RECORD OF COMPLIANCE WITH
 PREVAILING WAGE REQUIREMENTS ENFORCED BY THE UNITED STATES OR  NEW  YORK
 STATE DEPARTMENT OF LABOR;
   (II) WORKER BENEFITS;
   (III) WORKER SAFETY;
   (IV) TRAINING, RETRAINING, AND REGISTERED APPRENTICESHIP PROGRAMS; AND
   (V)  A  COMMITMENT TO CREATE HIGH QUALITY JOBS WITHIN THE STATE TO THE
 MAXIMUM EXTENT PRACTICABLE FOR DISADVANTAGED OR  UNDERREPRESENTED  INDI-
 VIDUALS;
   (B) A COMMITMENT TO CONSIDER THE INTERESTS OF MEMBERS OF THE COMMUNITY
 THAT  SURROUND  SUCH  OFFEROR'S FACILITY AND THE INTERESTS OF MEMBERS OF
 THE COMMUNITY FROM WHICH WORKERS ARE RECRUITED; AND
   (C) A DESCRIPTION OF EFFORTS BY THE OFFEROR TO  LOWER  GREENHOUSE  GAS
 EMISSIONS AND SUCH OFFEROR'S IMPACT ON CLIMATE CHANGE.
   2.  THE FRAMEWORK ESTABLISHED BY SUBDIVISION ONE OF THIS SECTION SHALL
 INCLUDE NOTICE TO OFFERORS STATING THAT:
   (A) THE TERMS AND CONDITIONS  OF  EMPLOYMENT,  CONTENT  OF  EMPLOYMENT
 PLANS  AND  REPORTS REQUIRED BY THIS SECTION SHALL BE SUBJECT TO DISCLO-
 SURE UNDER THE FREEDOM OF INFORMATION LAW; AND
   (B) THE FINAL CONTRACT AND COMPLIANCE DOCUMENTS SHALL BE  MADE  AVAIL-
 ABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
   3.  FOR  PURPOSES  OF  THIS SECTION "ZERO-EMISSION BUS" SHALL HAVE THE
 SAME MEANING AS SET FORTH IN SUBDIVISION TWO OF SECTION  SEVENTEEN-C  OF
 THIS ARTICLE.
   4.  PUBLIC TRANSPORTATION SYSTEMS SHALL COORDINATE WITH THE DEPARTMENT
 TO ENSURE COMPLIANCE WITH SECTION ONE HUNDRED THIRTY-NINE-I OF THE STATE
 FINANCE LAW.
   5. (A) THE DEPARTMENT SHALL PROMULGATE REGULATIONS  TO  ESTABLISH  THE
 FORMS,  MANNER  AND  PROCESS  BY  WHICH  OFFERORS  SHALL SUBMIT CONTRACT
 PROPOSALS PURSUANT TO THIS SECTION.    SUCH  REGULATIONS  SHALL  INCLUDE
 REQUIREMENTS  TO  DEMONSTRATE  DETAILS OF SUCH OFFERORS' EMPLOYMENT PLAN
 AND COMPLIANCE WITH THIS SECTION, INCLUDING WITHOUT LIMITATION REQUIRING
 APPLICANTS FOR CONTRACTS USING FEDERAL FUNDS TO COMPLETE A UNITED STATES
 JOBS PLAN FORM IN COMPLIANCE WITH SECTIONS  200.319(C)  AND  200.322  OF
 TITLE  2  OF THE CODE OF FEDERAL REGULATIONS. SUCH REGULATIONS SHALL NOT
 S. 8006--B                         45
 
 REQUIRE ANY MINIMUM COMMITMENTS OTHER THAN  THOSE  ALREADY  REQUIRED  BY
 RELEVANT FEDERAL, STATE, AND LOCAL LAWS.
   (B)  THE  UNITED STATES JOBS PLAN SHALL INCLUDE WITHOUT LIMITATION THE
 FOLLOWING  INFORMATION  ON  THE  OFFEROR'S  PROPOSED  JOB  CREATION  AND
 RETENTION PROJECTIONS WITH RESPECT TO THE CONTRACT PROPOSAL:
   (I) THE NUMBER OF FULL-TIME NON-TEMPORARY JOBS PROPOSED TO BE RETAINED
 AND CREATED.
   (II)  THE  NUMBER  OF FULL-TIME TEMPORARY JOBS PROPOSED TO BE RETAINED
 AND CREATED.
   (III) THE NUMBER OF PART-TIME TEMPORARY JOBS PROPOSED TO  BE  RETAINED
 AND CREATED.
   (IV)  THE  NUMBER  OF  PART-TIME  NON-TEMPORARY  JOBS  PROPOSED  TO BE
 RETAINED AND CREATED.
   (V) THE NUMBER OF JOBS CLASSIFIED AS EMPLOYEE, AS DEFINED  IN  SECTION
 SEVEN HUNDRED FORTY OF THE LABOR LAW.
   (VI)  THE  NUMBER  OF  POSITIONS CLASSIFIED AS INDEPENDENT CONTRACTOR,
 WHICH MAY NOT INCLUDE ANY JOBS CLASSIFIED AS EMPLOYEES.
   (VII) THE NUMBER OF ALL JOBS PROPOSED TO BE RETAINED  OR  CREATED  FOR
 INDIVIDUALS FACING BARRIERS TO EMPLOYMENT.
   (VIII)  THE  NUMBER OF ALL JOBS PROPOSED TO BE RETAINED OR CREATED FOR
 DISPLACED WORKERS.
   (IX) THE WAGE LEVELS BY JOB CLASSIFICATION.
   (X) PROPOSED AMOUNTS TO BE PAID FOR FRINGE BENEFITS BY JOB CLASSIFICA-
 TION.
   (XI) PROPOSED AMOUNTS TO BE PAID FOR WORKER TRAINING  BY  JOB  CLASSI-
 FICATION.
   (XII)  INFORMATION  ON  TRAINING PROGRAMS TARGETED SPECIFICALLY TOWARD
 INDIVIDUALS FACING BARRIERS TO EMPLOYMENT AND DISPLACED WORKERS.
   (XIII) IN THE EVENT THAT A FEDERAL AUTHORITY  SPECIFICALLY  AUTHORIZES
 USE  OF A GEOGRAPHIC PREFERENCE OR WHEN STATE OR LOCAL FUNDS ARE USED TO
 FUND A CONTRACT, PROPOSED LOCAL JOBS CREATED IN THE STATE OR  WITHIN  AN
 EXISTING  FACILITY IN THE STATE THAT ARE RELATED TO THE MANUFACTURING OF
 ZERO-EMISSION BUSES AND CHARGING INFRASTRUCTURE.
   (C) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I) "DISPLACED WORKER" MEANS:
   (1)  ANY  EMPLOYEE  WHO WAS EMPLOYED BY THE EMPLOYER FOR SIX MONTHS OR
 MORE IN THE TWELVE MONTHS PRECEDING THE JANUARY THIRTY-FIRST, TWO  THOU-
 SAND  TWENTY, DECLARATION OF A NATIONAL STATE OF EMERGENCY BY THE PRESI-
 DENT, AND WHOSE MOST RECENT SEPARATION FROM ACTIVE SERVICE WAS DUE TO  A
 PUBLIC  HEALTH DIRECTIVE, GOVERNMENT SHUTDOWN ORDER, LACK OF BUSINESS, A
 REDUCTION IN FORCE, OR OTHER ECONOMIC, NONDISCIPLINARY REASON RELATED TO
 THE COVID-19 PANDEMIC.
   (2) ANY EMPLOYEE WHOSE MOST RECENT SEPARATION FROM ACTIVE SERVICE  WAS
 DUE  TO  LACK  OF  BUSINESS,  A  REDUCTION  IN FORCE, OR OTHER ECONOMIC,
 NONDISCIPLINARY REASON RELATED TO THE TRANSITION  FROM  THE  FOSSIL-FUEL
 RELIANT BUSES TO ZERO-EMISSION BUSES.
   (II)  "INDIVIDUAL  FACING  BARRIERS TO EMPLOYMENT" MEANS EITHER OF THE
 FOLLOWING:
   (1) AN INDIVIDUAL FACING BARRIERS TO  EMPLOYMENT  AS  DEFINED  BY  THE
 COMMISSIONER OR, OTHERWISE
   (2)  AN  INDIVIDUAL FROM A DEMOGRAPHIC GROUP THAT REPRESENTS LESS THAN
 THIRTY PERCENT OF THEIR RELEVANT INDUSTRY  WORKFORCE  ACCORDING  TO  THE
 UNITED STATES BUREAU OF LABOR STATISTICS.
   (III)  "NEW HIRE" MEANS AN EMPLOYEE WHOSE FIRST DAY OF EMPLOYMENT WILL
 BE ON OR AFTER THE DATE THE CONTRACT BEGINS.
 S. 8006--B                         46

   (IV) "INCUMBENT WORKER" MEANS CURRENT EMPLOYEES, EITHER  NON-TEMPORARY
 OR  TEMPORARY  FULL-TIME  EMPLOYEE, WHO WILL BE RETAINED AND ASSIGNED TO
 PERFORM WORK IN FURTHERANCE OF THE CONTRACT.
   (V)  "TEMPORARY JOB" MEANS A JOB FOR WHICH THE EMPLOYEE IS SUPPLIED BY
 AN EMPLOYMENT AGENCY, AS DEFINED IN ARTICLE ELEVEN OF THE GENERAL  BUSI-
 NESS LAW.
   (D)  (I)  THE DEPARTMENT SHALL CREATE A WORKBOOK THAT INCLUDES WITHOUT
 LIMITATION THE ITEMS LISTED IN PARAGRAPH  (B)  OF  THIS  SUBDIVISION  IN
 ORDER  TO  ENSURE THAT ALL IMPACTED TRANSIT AGENCIES HAVE A STANDARD AND
 CONSISTENT METHOD TO EVALUATE THE BID PROPOSALS AND QUANTITATIVE COMMIT-
 MENTS MADE IN THE UNITED STATES JOBS PLANS  AND  RELEVANT  LOCAL  HIRING
 ADDENDA. THE DEPARTMENT SHALL ALSO UTILIZE AN INTERNAL ACCOUNTING SYSTEM
 ALLOWING  FOR  SEGREGATING AND AUDITING OF WORKERS' HOURS AND COSTS SUCH
 AS THOSE OF NEW HIRES AND INCUMBENT WORKERS PURSUANT TO EMPLOYMENT  PLAN
 COMMITMENTS.
   (II)  THE  DEPARTMENTAL  WORKBOOK  SHALL  ALSO  ACCOUNT  FOR  PROPOSED
 IN-STATE FACILITY COMMITMENTS RELATED TO MANUFACTURING OF  ZERO-EMISSION
 BUSES  AND  CHARGING INFRASTRUCTURE. THE WORKBOOK SHALL INCLUDE A METHOD
 TO EVALUATE:  (1) THE ACTIVITY PERFORMED AT THE  FACILITY;  (2)  IF  THE
 FACILITY  IS  CONSTRUCTED  OR REHABILITATED TO MANUFACTURE ZERO-EMISSION
 BUSES OR CHARGING INFRASTRUCTURE; (3) NAICS  CODE  ASSOCIATED  WITH  THE
 FACILITY'S  PRIMARY INDUSTRIAL ACTIVITIES; (4) IF THE SITE IS LOCATED IN
 A BROWNFIELD LOCATION; (5) IF THE FACILITY IS LEASED OR  PURCHASED;  AND
 (6)  ANY OTHER FEES OR COSTS ASSOCIATED WITH THE PROPOSED FACILITY.
   6.  IN  THE  FIRST  FULL  YEAR IN WHICH A PUBLIC TRANSPORTATION SYSTEM
 ENTERS INTO A CONTRACT FOR THE PROCUREMENT OF ZERO-EMISSION BUSES,  SUCH
 PUBLIC  TRANSPORTATION  SYSTEM  SHALL  ISSUE  A  REPORT ON OR BEFORE THE
 BEGINNING OF EACH FISCAL QUARTER TO THE  COMMISSIONER.    ON  OR  BEFORE
 DECEMBER  THIRTY-FIRST  OF EACH YEAR THEREAFTER, SUCH PUBLIC TRANSPORTA-
 TION SYSTEM SHALL ISSUE A REPORT TO THE COMMISSIONER, THE GOVERNOR,  THE
 TEMPORARY  PRESIDENT  OF  THE SENATE, THE MINORITY LEADER OF THE SENATE,
 THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE  ASSEMBLY.  SUCH
 REPORTS  SHALL  DETAIL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION BY
 SUCH PUBLIC TRANSPORTATION SYSTEM, DETAIL COMPLIANCE WITH THE PROVISIONS
 OF THIS SECTION BY  RELEVANT  CONTRACTING  ENTITIES  AND  SHALL  INCLUDE
 DESCRIPTIONS  OF  FACTORS  CONSIDERED IN EVALUATING PROCUREMENT CONTRACT
 PROPOSALS.
   § 7. 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  or
 part  of this act or remainder thereof, as the case may be, to any other
 person or circumstance, but shall be confined in its  operation  to  the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   §  8.  This act shall take effect immediately, provided, however, that
 sections six and seven of this act shall take effect  on  the  ninetieth
 day after it shall have become a law; provided, further, that the amend-
 ments  to  section 104 of the general municipal law made by section four
 of this act shall be subject to the expiration  and  reversion  of  such
 section  pursuant  to  section 9 of subpart A of part C of chapter 97 of
 the laws of 2011, as amended, when upon  such  date  the  provisions  of
 section  five of this act shall take effect.  Effective immediately, the
 S. 8006--B                         47
 
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.
 
                                 SUBPART C
 
   Section  1.  Section 201-a of the executive law is amended by adding a
 new subdivision 10 to read as follows:
   10. THE OFFICE OF GENERAL SERVICES SHALL, ON OR BEFORE DECEMBER  THIR-
 TY-FIRST,  TWO  THOUSAND  TWENTY-TWO,  PREPARE, IN CONSULTATION WITH THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE NEW YORK  STATE  ENERGY
 RESEARCH  AND  DEVELOPMENT AUTHORITY, A STATE FLEET PROCUREMENT PLAN FOR
 PURCHASE OR LEASE OF STATE AGENCY VEHICLES TO ENSURE THAT (I)  AT  LEAST
 TWENTY-FIVE  PERCENT  OF STATE AGENCY VEHICLES, INCLUDING TEN PERCENT OF
 STATE AGENCY MEDIUM AND HEAVY DUTY VEHICLES, WILL BE ZERO-EMISSION VEHI-
 CLES BY NO LATER THAN DECEMBER THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FIVE
 AND  (II)  AT  LEAST  FIFTY  PERCENT OF STATE AGENCY VEHICLES, INCLUDING
 TWENTY-FIVE PERCENT OF STATE AGENCY MEDIUM AND HEAVY DUTY VEHICLES, WILL
 BE ZERO-EMISSION VEHICLES BY NO LATER THAN  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND THIRTY. ALL STATE AGENCY PASSENGER VEHICLES SHALL BE ZERO-EMIS-
 SION VEHICLES BY NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND THIR-
 TY-FIVE,  AND  ALL  STATE AGENCY MEDIUM AND HEAVY DUTY VEHICLES SHALL BE
 ZERO-EMISSION VEHICLES BY NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOU-
 SAND FORTY, UNLESS A ZERO-EMISSION VEHICLE IS NOT FEASIBLE FOR A PARTIC-
 ULAR APPLICATION. BY JANUARY FIRST, TWO THOUSAND THIRTY,  ALL  PASSENGER
 VEHICLES PURCHASED BY OR FOR THE STATE OR ANY AGENCY OR PUBLIC AUTHORITY
 THEREOF  SHALL BE ZERO-EMISSION VEHICLES. BY JANUARY FIRST, TWO THOUSAND
 THIRTY-FIVE, ALL MEDIUM AND HEAVY DUTY VEHICLES PURCHASED BY OR FOR  THE
 STATE  OR  ANY AGENCY OR PUBLIC AUTHORITY THEREOF SHALL BE ZERO-EMISSION
 VEHICLES WHERE FEASIBLE. FOR PURPOSES OF THIS  SUBDIVISION,  "ZERO-EMIS-
 SION VEHICLE" SHALL MEAN A VEHICLE POWERED BY MEANS OF A BATTERY OR FUEL
 CELL OR A COMBINATION THEREOF, OR ANOTHER SOURCE OF POWER, THAT PRODUCES
 ZERO  EXHAUST  EMISSIONS  OF  ANY  GREENHOUSE GAS, CRITERIA POLLUTANT OR
 PRECURSOR POLLUTANT UNDER ANY AND ALL  POSSIBLE  OPERATIONAL  MODES  AND
 CONDITIONS.
   § 2. Section 1854 of the public authorities law is amended by adding a
 new subdivision 22 to read as follows:
   22.  TO ADMINISTER A PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO SCHOOL
 DISTRICTS, SCHOOL BUS FLEET OPERATORS AND PUBLIC TRANSPORTATION  SYSTEMS
 ON  MANAGING  ZERO-EMISSION  VEHICLE  FLEETS AND THE CHARGING OR FUELING
 INFRASTRUCTURE FOR SUCH ZERO-EMISSION VEHICLE FLEETS.
   § 3. The public authorities law is amended by  adding  a  new  section
 1884 to read as follows:
   §  1884.  ZERO-EMISSION BUS ROADMAP. 1. THE AUTHORITY, IN CONSULTATION
 WITH THE DEPARTMENT OF PUBLIC SERVICE AND THE DEPARTMENT OF  TRANSPORTA-
 TION,  SHALL  CREATE  A ZERO-EMISSION TRANSIT AND SCHOOL BUS ROADMAP FOR
 THE STATE WHICH SHALL IDENTIFY THE ACTIONS  NEEDED  TO  MEET  THE  FLEET
 SALES  AND  CONVERSION TARGETS ESTABLISHED IN SECTION THIRTY-SIX HUNDRED
 THIRTY-EIGHT OF THE EDUCATION LAW AND SECTION SEVENTEEN-C OF THE  TRANS-
 PORTATION  LAW.    THE  ROADMAP  SHALL INCLUDE BUT NOT BE LIMITED TO (A)
 FINANCIAL AND TECHNICAL GUIDANCE RELATED TO  THE  PURCHASING,  RETROFIT-
 TING,  OPERATION,  AND  MAINTENANCE OF ZERO-EMISSION BUSES, (B) AN IDEN-
 TIFICATION AND SITING PLAN FOR CHARGING AND FUELING INFRASTRUCTURE,  (C)
 AN  IDENTIFICATION  OF  THE NECESSARY INVESTMENTS IN THE ELECTRIC TRANS-
 MISSION AND DISTRIBUTION GRID, (D) AN IDENTIFICATION OF  HOW  TO  ENSURE
 RELATED  FACILITY  UPGRADES  ARE COORDINATED TO MAXIMIZE THE COST EFFEC-
 S. 8006--B                         48
 
 TIVENESS AND OVERALL SYSTEM  RELIABILITY,  (E)  THE  AVAILABLE  FEDERAL,
 STATE,  AND  LOCAL  FUNDING  TO PURCHASE OR LEASE ZERO-EMISSION BUSES OR
 CONVERT EXISTING BUSES TO ZERO-EMISSIONS, (F) AN IDENTIFICATION  OF  NEW
 INCENTIVES  AND PROGRAMS TO ADVANCE THE DEPLOYMENT AND ADOPTION OF ZERO-
 EMISSION BUSES AND (G) STREAMLINING ACTIONS TO FACILITATE THE CONVERSION
 OF TRANSIT AND SCHOOL BUS FLEETS.
   2. THE AUTHORITY SHALL CONVENE A TECHNICAL ADVISORY GROUP MADE  UP  OF
 DIVERSE  STAKEHOLDERS  TO PROVIDE THE AUTHORITY WITH RELEVANT TECHNICAL,
 POLICY, AND MARKET EXPERTISE. THE  AUTHORITY  SHALL  FURTHER  DEVELOP  A
 STAKEHOLDER  ENGAGEMENT  PROCESS  TO SOLICIT FEEDBACK ON THE ROADMAP AND
 RAISE CONSUMER AWARENESS AND EDUCATION ACROSS THE STATE.
   3. THE AUTHORITY SHALL REPORT ITS FINDINGS AND ANY RECOMMENDATIONS  TO
 THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
 THE ASSEMBLY NO LATER THAN ONE YEAR AFTER THE  EFFECTIVE  DATE  OF  THIS
 SECTION.    THE  ROADMAP  SHALL  BE  UPDATED  EVERY THREE YEARS AND MADE
 PUBLICLY AVAILABLE ON THE AUTHORITY'S WEBSITE.
   § 4. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART C
 
                           Intentionally Omitted
 
                                  PART D
 
   Section 1. Subparagraph 4-b of paragraph h of subdivision 2 of section
 355 of the education law, as added by section 1 of part GG of chapter 56
 of the laws of 2021, is amended to read as follows:
   (4-b) [(i)] In state fiscal year two thousand twenty-two--two thousand
 twenty-three AND THEREAFTER, the state shall appropriate and make avail-
 able  general  fund  operating  support  in  the amount of [thirty-three
 percent of] the  tuition  credit  calculated  pursuant  to  section  six
 hundred  eighty-nine-a of this chapter [for the two thousand twenty-two-
 -two thousand twenty-three academic year.
   (ii) In state fiscal  year  two  thousand  twenty-three--two  thousand
 twenty-four, the state shall appropriate and make available general fund
 operating  support  in  the amount of sixty-seven percent of the tuition
 credit calculated pursuant to section six hundred eighty-nine-a of  this
 chapter  for  the  two  thousand  twenty-three--two thousand twenty-four
 academic year.
   (iii) Beginning in state fiscal  year  two  thousand  twenty-four--two
 thousand  twenty-five  and  thereafter,  the state shall appropriate and
 make available general fund operating  support  in  the  amount  of  the
 S. 8006--B                         49

 tuition  credit calculated pursuant to section six hundred eighty-nine-a
 of this chapter] annually.
   §  2.  Paragraph (f) of subdivision 7 of section 6206 of the education
 law, as added by section 2 of part GG of chapter 56 of the laws of 2021,
 is amended to read as follows:
   (f) [(i)] In state fiscal year two thousand  twenty-two--two  thousand
 twenty-three AND THEREAFTER, the state shall appropriate and make avail-
 able  general  fund  operating  support  in  the amount of [thirty-three
 percent of] the  tuition  credit  calculated  pursuant  to  section  six
 hundred  eighty-nine-a of this chapter [for the two thousand twenty-two-
 -two thousand twenty-three academic year.
   (ii) In state fiscal  year  two  thousand  twenty-three--two  thousand
 twenty-four, the state shall appropriate and make available general fund
 operating  support  in  the amount of sixty-seven percent of the tuition
 credit calculated pursuant to section six hundred eighty-nine-a of  this
 chapter  for  the  two  thousand  twenty-three--two thousand twenty-four
 academic year.
   (iii) Beginning in state fiscal  year  two  thousand  twenty-four--two
 thousand  twenty-five  and  thereafter,  the state shall appropriate and
 make available general fund operating  support  in  the  amount  of  the
 tuition  credit calculated pursuant to section six hundred eighty-nine-a
 of this chapter] annually.
   § 3. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Section 667-c of the education law, as added by  section  1
 of  part  N  of  chapter  58  of the laws of 2006, is amended to read as
 follows:
   § 667-c. Part-time tuition assistance program awards. 1. Notwithstand-
 ing any law, rule or regulation to the contrary, the  president  of  the
 higher  education  services  corporation  is  authorized to make tuition
 assistance program awards to:
   A. part-time students enrolled at the state  university,  a  community
 college,  the  city  university of New York, and a non-profit college or
 university incorporated by the regents or by the  legislature  who  meet
 all  requirements  for  tuition assistance program awards except for the
 students' part-time attendance; OR
   B. STUDENTS ENROLLED PART-TIME AT A COMMUNITY COLLEGE IN A  NON-DEGREE
 WORKFORCE CREDENTIAL PROGRAM APPROVED BY THE NEW YORK STATE EMPIRE STATE
 DEVELOPMENT  CORPORATION AND THE NEW YORK STATE REGIONAL ECONOMIC DEVEL-
 OPMENT COUNCILS BASED ON AN ANALYSIS OF REGIONAL INDUSTRY TRENDS,  WORK-
 FORCE NEEDS AND EXISTING PROGRAM OFFERINGS.
   2. For purposes of this section[, a part-time student is one who]:
   a.  FOR  STUDENTS  DEFINED  IN  PARAGRAPH A OF SUBDIVISION ONE OF THIS
 SECTION, A PART-TIME STUDENT IS ONE WHO: (I) enrolled  as  a  first-time
 freshman  during  the two thousand six--two thousand seven academic year
 or thereafter at a college or university within  the  state  university,
 including  a  statutory  or contract college, a community college estab-
 lished pursuant to article one hundred twenty-six of this  chapter,  the
 city  university  of  New  York,  or  a non-profit college or university
 incorporated by the regents or by the legislature;
   [b. has earned at least twelve credits  in  each  of  two  consecutive
 semesters at one of the institutions named in paragraph a of this subdi-
 vision by the time of the awards;
 S. 8006--B                         50

   c.]  (II)  is  enrolled for at least six but less than twelve semester
 hours, or the equivalent, per  semester  in  an  approved  undergraduate
 degree program; and
   [d.] (III) has a cumulative grade-point average of at least 2.00.
   B.  FOR  STUDENTS  DEFINED  IN  PARAGRAPH B OF SUBDIVISION ONE OF THIS
 SECTION, A PART-TIME STUDENT IS ONE WHO: (I) MEETS ALL REQUIREMENTS  FOR
 TUITION  ASSISTANCE  PROGRAM  AWARDS  EXCEPT FOR THE STUDENT'S PART-TIME
 ATTENDANCE AND ANY OTHER REQUIREMENTS THAT  ARE  INCONSISTENT  WITH  THE
 STUDENT'S ENROLLMENT IN A NON-DEGREE PROGRAM; AND
   (II)  IS  ENROLLED  IN  AN  APPROVED  NON-DEGREE  WORKFORCE CREDENTIAL
 PROGRAM AT A COMMUNITY  COLLEGE  ESTABLISHED  PURSUANT  TO  ARTICLE  ONE
 HUNDRED TWENTY-SIX OF THIS CHAPTER.
   3.  a. For part-time students defined in this section, the award shall
 be calculated as provided in section six  hundred  sixty-seven  of  this
 article and shall be in an amount equal to the enrollment factor percent
 of  the  award  the  student would have been eligible for if the student
 were enrolled full-time. [The] FOR PART-TIME STUDENTS DEFINED  IN  PARA-
 GRAPH  A  OF  SUBDIVISION  ONE  OF  THIS  SECTION, THE enrollment factor
 percent is the percentage obtained by dividing the number of credits the
 student is enrolled in, as certified by the school,  by  the  number  of
 credits required for full-time study in the semester, quarter or term as
 defined  by  the commissioner.   FOR PART-TIME STUDENTS DEFINED IN PARA-
 GRAPH B OF SUBDIVISION ONE OF THIS SECTION, THE ENROLLMENT FACTOR  SHALL
 BE  CALCULATED  PURSUANT TO REGULATIONS ESTABLISHED BY THE HIGHER EDUCA-
 TION SERVICES CORPORATION.
   b. [Any] (I) FOR PART-TIME STUDENTS DEFINED IN PARAGRAPH A OF SUBDIVI-
 SION ONE OF THIS SECTION, ANY semester, quarter or  term  of  attendance
 during  which a student receives an award pursuant to this section shall
 be counted as the enrollment factor percent of a  semester,  quarter  or
 term  toward  the  maximum  term  of  eligibility for tuition assistance
 awards pursuant to section six hundred sixty-seven of this article.  The
 total period of study for which payment may be made shall not exceed the
 equivalent of the maximum period authorized for that award.
   (II)  FOR  PART-TIME STUDENTS AS DEFINED IN PARAGRAPH B OF SUBDIVISION
 ONE OF THIS SECTION, THE TOTAL PERIOD OF STUDY FOR WHICH PAYMENT MAY  BE
 MADE  SHALL  NOT  EXCEED THE EQUIVALENT OF THE MAXIMUM PERIOD AUTHORIZED
 FOR THE NON-DEGREE WORKFORCE CREDENTIAL PROGRAM.
   § 2. This act shall take effect immediately.
 
                                  PART F
 
   Section 1. Subparagraph (v) of  paragraph  b-1  of  subdivision  4  of
 section 661 of the education law is REPEALED.
   § 2. Subparagraphs (iii) and (iv) of paragraph b-1 of subdivision 4 of
 section  661  of the education   law, as added by section 1 of part Z of
 chapter 58 of the laws of 2011, are amended to read as follows:
   (iii) does not maintain good academic standing pursuant to paragraph c
 of subdivision six of section six hundred sixty-five  of  this  subpart,
 and  if  there  is  no  applicable  existing academic standards schedule
 pursuant to such subdivision, then such recipient shall be placed on the
 academic standards schedule applicable to students enrolled in  a  four-
 year or five-year undergraduate program; OR
   (iv)  is  in  default in the repayment of any state or federal student
 loan, has failed to comply with  the  terms  of  any  service  condition
 imposed  by an academic performance award made pursuant to this article,
 or has failed to make a refund of any award[; or].
 S. 8006--B                         51
 
   § 3. Paragraph d of subdivision 6 of section 661 of the education  law
 is REPEALED.
   § 4. This act shall take effect immediately.
 
                                  PART G
 
   Section  1.    Subdivision 2 of section 669-h of the education law, as
 amended by section 1 of part G of chapter 56 of the  laws  of  2021,  is
 amended to read as follows:
   2.  Amount.  Within  amounts appropriated therefor and based on avail-
 ability of funds, awards shall be granted beginning with the  two  thou-
 sand  seventeen--two  thousand  eighteen academic year and thereafter to
 applicants that the corporation has determined are eligible  to  receive
 such  awards. The corporation shall grant such awards in an amount up to
 five thousand five hundred dollars or actual tuition, whichever is less;
 provided, however, (a) a student who receives educational grants  and/or
 scholarships  that cover the student's full cost of attendance shall not
 be eligible for an award under this program; and (b) an award under this
 program shall be applied to tuition after the  application  of  payments
 received  under  the  tuition assistance program pursuant to section six
 hundred sixty-seven of this subpart, tuition credits pursuant to section
 six hundred eighty-nine-a of this article, federal Pell  grant  pursuant
 to  section  one  thousand  seventy of title twenty of the United States
 code, et seq., and any other program that covers the cost of  attendance
 unless  exclusively  for  non-tuition expenses, and the award under this
 program shall be reduced in the amount equal to such payments,  provided
 that  the  combined  benefits  do  not exceed five thousand five hundred
 dollars. Upon notification of an award under this program, the  institu-
 tion  shall  defer the amount of tuition. Notwithstanding paragraph h of
 subdivision two of section three hundred fifty-five and paragraph (a) of
 subdivision seven of section six thousand two hundred six of this  chap-
 ter,  and  any other law, rule or regulation to the contrary, the under-
 graduate tuition charged by the institution to recipients  of  an  award
 shall not exceed the tuition rate established by the institution for the
 two  thousand  sixteen--two  thousand  seventeen academic year provided,
 however, that in the two thousand [twenty-three]  TWENTY-TWO--two  thou-
 sand [twenty-four] TWENTY-THREE academic year and every year thereafter,
 the undergraduate tuition charged by the institution to recipients of an
 award shall be reset to equal the tuition rate established by the insti-
 tution  for  the  forthcoming  academic  year, provided further that the
 tuition credit calculated pursuant to section six hundred  eighty-nine-a
 of  this  article  shall  be applied toward the tuition rate charged for
 recipients of an award under this program.   Provided further  that  the
 state  university  of New York and the city university of New York shall
 provide an additional tuition credit to students receiving an  award  to
 cover the remaining cost of tuition.
   § 2. This act shall take effect immediately.
 
                                  PART H
 
   Section  1.  Subdivision  5  of section 695-b of the education law, as
 amended by chapter 535 of the laws  of  2000,  is  amended  to  read  as
 follows:
   5.  "Eligible  educational institution" shall mean (A) any institution
 of higher education defined as an eligible  educational  institution  in
 section  529(e)(5)  of the Internal Revenue Code of 1986, as amended, OR
 S. 8006--B                         52
 
 (B) ANY APPRENTICESHIP PROGRAM DESCRIBED IN  SECTION  529(C)(8)  OF  THE
 INTERNAL REVENUE CODE OF 1986, AS AMENDED.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
                           Intentionally Omitted
 
                                  PART J
 
   Section  1. The education law is amended by adding a new section 210-d
 to read as follows:
   § 210-D. REGISTRATION OF CURRICULA. 1. NOTWITHSTANDING ANY  LAW,  RULE
 OR  REGULATION  TO  THE CONTRARY, ANY NEW CURRICULUM OR PROGRAM OF STUDY
 OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR  UNIVERSITY  CHARTERED  BY  THE
 REGENTS  OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT
 REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED  THIRTY-
 SEVEN OF THIS PART, OR CHARTER AMENDMENT PURSUANT TO SECTION TWO HUNDRED
 SIXTEEN  OF  THIS  PART,  OR LEAD TO PROFESSIONAL LICENSURE; AND THAT IS
 APPROVED BY THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY  UNIVERSITY
 BOARD  OF  TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY OF ANY OTHER NOT-
 FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS WHICH (A)  HAS
 MAINTAINED  A  PHYSICAL  PRESENCE  IN NEW YORK STATE FOR THE IMMEDIATELY
 PRECEDING TEN YEARS AND HAS  BEEN  OPERATED  CONTINUOUSLY  BY  THE  SAME
 GOVERNING BODY DURING THE SAME IMMEDIATELY PRECEDING TEN YEAR PERIOD AND
 (B)  IS  ACCREDITED  AND  HAS  CONTINUED  IN ACCREDITATION BY THE MIDDLE
 STATES COMMISSION ON HIGHER EDUCATION ("MSCHE") OR ANOTHER INSTITUTIONAL
 ACCREDITING AGENCY RECOGNIZED BY THE  SECRETARY  OF  THE  UNITED  STATES
 DEPARTMENT  OF EDUCATION OR THE DEPARTMENT FOR THE IMMEDIATELY PRECEDING
 TEN YEARS, SHALL BE DEEMED REGISTERED WITH  THE  DEPARTMENT  SIXTY  DAYS
 AFTER NOTIFICATION OF APPROVAL BY SUCH COLLEGE OR UNIVERSITY'S GOVERNING
 BODY  AND  SUBMISSION  OF  A  COMPLETE APPLICATION FOR REVIEW. IF WITHIN
 SIXTY DAYS OF SUBMISSION, THE DEPARTMENT DETERMINES THE  NEW  CURRICULUM
 OR PROGRAM OF STUDY TO BE INCOMPLETE OR INSUFFICIENT, A WRITTEN EXPLANA-
 TION  SHALL BE PROVIDED TO THE INSTITUTION. UPON CURING, THE NEW CURRIC-
 ULUM OR PROGRAM OF STUDY SHALL BE DEEMED REGISTERED WITH THE  DEPARTMENT
 THIRTY  DAYS  AFTER  RESUBMISSION,  OR  EARLIER  UPON  THE  DEPARTMENT'S
 APPROVAL.
   2. ANY NOT-FOR-PROFIT COLLEGE OR UNIVERSITY THAT  MEETS  THE  CRITERIA
 SET  FORTH IN SUBDIVISION ONE OF THIS SECTION WHICH HAS RECEIVED CURRIC-
 ULUM OR PROGRAM APPROVAL FROM THE DEPARTMENT AND SEEKS TO OFFER THE SAME
 CURRICULUM OR PROGRAM IN A DISTANCE LEARNING FORMAT SHALL  NOT  NEED  TO
 HAVE SUCH CURRICULUM OR PROGRAM RE-APPROVED BY THE DEPARTMENT, BUT SHALL
 INFORM  THE DEPARTMENT OF SUCH COLLEGE'S OR UNIVERSITY'S INTENT TO OFFER
 SUCH PROGRAM IN SUCH  FORMAT  WITHIN  THIRTY  DAYS  PRIOR  TO  PROVIDING
 DISTANCE LEARNING.
   3.  IF  A  COLLEGE  OR  UNIVERSITY  IS  PLACED ON PROBATION OR HAS ITS
 ACCREDITATION TERMINATED BY THE INSTITUTIONAL ACCREDITING  AGENCY,  SUCH
 COLLEGE  OR UNIVERSITY SHALL NOTIFY THE REGENTS IN WRITING NO LATER THAN
 THIRTY DAYS AFTER RECEIVING NOTICE OF ITS PROBATIONARY STATUS OR LOSS OF
 ACCREDITATION BY THE INSTITUTIONAL ACCREDITING AGENCY.
   4. ANY COLLEGE OR UNIVERSITY WHICH HAS  ITS  ACCREDITATION  PLACED  ON
 PROBATION  OR  TERMINATED BY THE INSTITUTIONAL ACCREDITING AGENCY OR THE
 EDUCATION DEPARTMENT SHALL BE  SUBJECT  TO  THE  COMMISSIONER'S  PROGRAM
 APPROVAL  UNTIL  IT HAS BEEN REMOVED FROM PROBATION OR REGAINED ACCREDI-
 S. 8006--B                         53

 TATION BY THE INSTITUTIONAL ACCREDITING AGENCY OR THE EDUCATION  DEPART-
 MENT,  AND  SHALL  FURTHER REMAIN SUBJECT TO SUCH COMMISSIONER'S PROGRAM
 APPROVAL UNTIL IT HAS CONTINUED WITHOUT PROBATION FOR A  PERIOD  OF  NOT
 LESS THAN SIX YEARS.
   5. IF A COLLEGE OR UNIVERSITY SUBJECT TO THIS SECTION INTENDS TO OFFER
 OR  INSTITUTE  AN  ADDITIONAL  DEGREE  OR  PROGRAM  WHICH  CONSTITUTES A
 SUBSTANTIVE CHANGE  AS  DEFINED  AND  DETERMINED  BY  THE  INSTITUTIONAL
 ACCREDITING  AGENCY,  THEN  SUCH COLLEGE OR UNIVERSITY SHALL PROVIDE THE
 COMMISSIONER WITH COPIES OF ANY REPORTS OR OTHER  DOCUMENTS  FILED  WITH
 THE  INSTITUTIONAL  ACCREDITING  AGENCY  AS  PART  OF  THE INSTITUTIONAL
 ACCREDITING AGENCY'S SUBSTANTIVE CHANGE REVIEW PROCESS AND SHALL  INFORM
 THE COMMISSIONER WHEN THE SUBSTANTIVE CHANGE IS APPROVED.
   6.  ANY  SUCH  COLLEGE  OR UNIVERSITY THAT DOES NOT SATISFY ALL OF THE
 PROVISIONS OF THIS SECTION SHALL COMPLY WITH THE PROCEDURES AND CRITERIA
 ESTABLISHED  BY  THE  REGENTS  AND  COMMISSIONER  FOR  ACADEMIC  PROGRAM
 APPROVAL.  NOTHING  IN THIS SECTION SHALL BE DEEMED TO LIMIT THE DEPART-
 MENT'S EXISTING AUTHORITY TO  INVESTIGATE  A  COMPLAINT  CONCERNING  THE
 INSTITUTION, OR ANY PROGRAM OFFERED, INCLUDING THE AUTHORITY TO DEREGIS-
 TER THE PROGRAM.
   7.  THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN A DATABASE, ACCESSI-
 BLE TO INSTITUTIONS SEEKING CURRICULUM OR PROGRAM APPROVAL, WHICH  SHALL
 PROVIDE  UPDATED  INFORMATION  ON THE CURRENT STATUS OF AN INSTITUTION'S
 SUBMITTED REQUESTS.  TO  THE  EXTENT  PRACTICABLE,  THE  DATABASE  SHALL
 INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING INFORMATION:
   (A) ACKNOWLEDGEMENT AND DATE OF RECEIPT OF SUBMISSION;
   (B)  THE  INITIAL REVIEW BY AN OFFICE OF COLLEGE AND UNIVERSITY EVALU-
 ATION;
   (C) QUESTIONS FROM THE DEPARTMENT  TO  THE  SPECIFIC  INSTITUTION  AND
 RECEIPT OF ANSWERS PROVIDED BY THE INSTITUTION IN RESPONSE; AND
   (D)  ANY REMARKS AND THE FINAL DECISION MADE BY THE DEPARTMENT REGARD-
 ING A CURRICULUM'S OR PROGRAM'S APPROVAL OR DISAPPROVAL.
   8. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.
 
                                  PART K
 
   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,
 S. 8006--B                         54
 
 CAPITAL  INTEREST,  OR  INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
 ENTITY.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,  THE  FIRM  AND
 ITS  OWNERS  MUST  COMPLY  WITH  RULES PROMULGATED BY THE STATE BOARD OF
 REGENTS.   NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED UNDER THIS
 SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE
 WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC  ACCOUNTANTS,"
 OR THE ABBREVIATIONS "CPA" OR "CPAS".  EACH NON-LICENSEE OWNER OF A FIRM
 THAT  IS  INCORPORATED  UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO
 ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
 ENTITIES.  FOR  PURPOSES OF THIS 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
 S. 8006--B                         55
 
 EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN  THE  PRACTICE  OF
 THEIR PROFESSIONS IN SUCH CORPORATION.
   § 4. Section 1509 of the business corporation law, as amended by chap-
 ter 550 of the laws of 2011, is amended to read as follows:
 § 1509. Disqualification   of   shareholders,  directors,  officers  and
           employees.
   If any shareholder, director, officer or employee  of  a  professional
 service  corporation,  including  a  design  professional service corpo-
 ration, who has  been  rendering  professional  service  to  the  public
 becomes  legally  disqualified  to practice his OR HER profession within
 this state, he OR SHE shall sever all  employment  with,  and  financial
 interests  (other  than  interests  as  a creditor) in, such corporation
 forthwith or as otherwise provided in section 1510 of this article.  All
 provisions of law regulating the rendering of professional services by a
 person  elected or appointed to a public office shall be applicable to a
 shareholder, director, officer and employee of such corporation  in  the
 same  manner  and  to the same extent as if fully set forth herein. Such
 legal disqualification to practice his OR  HER  profession  within  this
 state shall be deemed to constitute an irrevocable offer by the disqual-
 ified shareholder to sell his OR HER shares to the corporation, pursuant
 to  the provisions of section 1510 of this article or of the certificate
 of incorporation, by-laws or agreement among  the  corporation  and  all
 shareholders, whichever is applicable. Compliance with the terms of such
 offer  shall  be specifically enforceable in the courts of this state. A
 professional service corporation's failure to  enforce  compliance  with
 this  provision  shall constitute a ground for forfeiture of its certif-
 icate of incorporation and its dissolution.
   § 5. Paragraph (a) of section 1511 of the business corporation law, as
 amended by chapter 550 of the laws of 2011, is amended and a  new  para-
 graph (c) is added to read as follows:
   (a) No shareholder of a professional service corporation [or], INCLUD-
 ING  a design professional service corporation, may sell or transfer his
 OR HER shares in such corporation except to another  individual  who  is
 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
 S. 8006--B                         56
 
 incorporation or the by-laws of the professional service corporation, or
 the professional service corporation and  the  shareholders  by  private
 agreement,  may  provide,  in  lieu  of  or in addition to the foregoing
 provisions,  for the alienation of shares and may require the redemption
 or purchase of such shares by such corporation at prices and in a manner
 specifically set forth therein. The existence of the restrictions on the
 sale or transfer of shares, as contained in this article and, if  appli-
 cable,  in  the certificate of incorporation, by-laws, stock purchase or
 stock redemption agreement, shall be noted conspicuously on the face  or
 back  of  every  certificate for shares issued by a professional service
 corporation. Any sale or transfer  in  violation  of  such  restrictions
 shall be void.
   (C)  A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A
 PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
 FIFTEEN  HUNDRED  THREE  OF  THIS  ARTICLE, SHALL PURCHASE OR REDEEM THE
 SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS  OR
 HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION.
 A  FIRM  ESTABLISHED  FOR  THE  BUSINESS  PURPOSE  OF INCORPORATING AS A
 PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH  (H)  OF  SECTION
 FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE
 OR  REDEEM  THE  SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE-
 HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER  SUCH  TERMINATION,  ARE
 SOLD  OR  TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO
 THIS ARTICLE.
   § 6. Section 1514 of the business corporation law is amended by adding
 a new paragraph (c) to read as follows:
   (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
 A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
 FIFTEEN  HUNDRED  THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE
 YEARS ON OR BEFORE THE  DATE  PRESCRIBED  BY  THE  LICENSING  AUTHORITY,
 FURNISH  A  STATEMENT  TO  THE LICENSING AUTHORITY LISTING THE NAMES AND
 RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND  OFFICER  OF  SUCH
 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
 S. 8006--B                         57
 
 SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF  PUBLIC
 ACCOUNTANCY,  AS  SUCH  PRACTICE  IS  DEFINED  UNDER ARTICLE ONE HUNDRED
 FORTY-NINE OF THE EDUCATION LAW,  OR  EQUIVALENT  STATE  LAW,  SHALL  BE
 REQUIRED  TO  SHOW  (1)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
 FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING  RIGHTS  HELD  BY  THE
 FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
 ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS  OF  A  FOREIGN
 PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
 THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
 THIS  STATE,  HOLD  A  VALID  LICENSE  ISSUED UNDER SECTION SEVENTY-FOUR
 HUNDRED FOUR OF THE EDUCATION  LAW.  FOR  PURPOSES  OF  THIS  PARAGRAPH,
 "FINANCIAL  INTEREST"  MEANS  CAPITAL  STOCK,  CAPITAL ACCOUNTS, CAPITAL
 CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST IN  UNDISTRIBUTED  EARNINGS
 OF  A  BUSINESS ENTITY.  ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS,
 THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE  STATE
 BOARD  OF  REGENTS.    NOTWITHSTANDING  THE FOREGOING, A FIRM REGISTERED
 UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE  FIRM'S  NAME
 INCLUDES  THE  WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
 ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR  "CPAS".  EACH  NON-LICENSEE
 OWNER  OF A FIRM THAT IS OPERATING UNDER THIS SECTION SHALL BE A NATURAL
 PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS  OF  THE  FIRM  OR  ITS
 AFFILIATED  ENTITIES, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTER-
 EST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN  THE
 BUSINESS  CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
 OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE  SERVICES  TO
 CLIENTS  OR  TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSI-
 NESS OR MANAGEMENT OF THE FIRM.
   § 8. Subdivision (q) of section 121-1500 of the  partnership  law,  as
 amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
 follows:
   (q) Each partner of a registered limited liability partnership  formed
 to  provide  medical services in this state must be licensed pursuant to
 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
 S. 8006--B                         58
 
 formed to provide marriage and family therapy  services  in  this  state
 must  be  licensed pursuant to article 163 of the education law to prac-
 tice marriage and family therapy in this state. Each partner of a regis-
 tered  limited  liability  partnership  formed  to provide mental health
 counseling services in this state must be licensed pursuant  to  article
 163  of  the  education law to practice mental health counseling in this
 state. Each partner of a registered limited liability partnership formed
 to provide psychoanalysis services in this state must be licensed pursu-
 ant to article 163 of the education law to  practice  psychoanalysis  in
 this  state.  Each partner of a registered limited liability partnership
 formed to provide applied behavior analysis service in this  state  must
 be licensed or certified pursuant to article 167 of the education law to
 practice  applied  behavior  analysis in this state. A LIMITED LIABILITY
 PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC  ACCOUN-
 TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE
 EDUCATION  LAW,  SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF
 THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS,  AND  VOTING
 RIGHTS  HELD  BY  THE  FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO
 PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS  OF
 A  LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
 THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
 THIS STATE, HOLD A  VALID  LICENSE  ISSUED  UNDER  SECTION  SEVENTY-FOUR
 HUNDRED  FOUR  OF  THE  EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION,
 "FINANCIAL INTEREST" MEANS  CAPITAL  STOCK,  CAPITAL  ACCOUNTS,  CAPITAL
 CONTRIBUTIONS,  CAPITAL  INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
 OF A BUSINESS ENTITY.  ALTHOUGH FIRMS MAY INCLUDE  NON-LICENSEE  OWNERS,
 THE  FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE
 BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER
 THIS SECTION MAY  NOT  HAVE  NON-LICENSEE  OWNERS  IF  THE  FIRM'S  NAME
 INCLUDES  THE  WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC
 ACCOUNTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER
 OF A FIRM THAT IS FORMED UNDER THIS  SECTION  SHALL  BE  (1)  A  NATURAL
 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
 S. 8006--B                         59
 
 practice one or more of such professions.   EACH PARTNER  OF  A  FOREIGN
 REGISTERED  LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE  PUBLIC
 ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE
 AND  WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT
 TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE  PUBLIC  ACCOUNTANCY  IN
 THIS  STATE.  Each  partner  of  a foreign limited liability partnership
 which provides licensed clinical social work services in this state must
 be licensed pursuant to article 154 of the  education  law  to  practice
 licensed  clinical  social work in this state. Each partner of a foreign
 limited liability  partnership  which  provides  creative  arts  therapy
 services  in  this state must be licensed pursuant to article 163 of the
 education law to practice creative arts  therapy  in  this  state.  Each
 partner  of  a  foreign  limited  liability  partnership  which provides
 marriage and family therapy services in  this  state  must  be  licensed
 pursuant  to  article  163 of the education law to practice marriage and
 family therapy in this state. Each partner of a foreign limited  liabil-
 ity partnership which provides mental health counseling services in this
 state  must  be licensed pursuant to article 163 of the education law to
 practice mental health counseling in  this  state.  Each  partner  of  a
 foreign  limited  liability  partnership  which  provides psychoanalysis
 services in this state must be licensed pursuant to article 163  of  the
 education  law to practice psychoanalysis in this state. Each partner of
 a foreign limited liability partnership which provides applied  behavior
 analysis  services  in this state must be licensed or certified pursuant
 to article 167 of the education law to practice applied behavior  analy-
 sis  in  this state.   A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO
 LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH  PRACTICE
 IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE
 REQUIRED  TO  SHOW  (1)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
 FIRM, IN TERMS OF FINANCIAL INTERESTS, AND VOTING  RIGHTS  HELD  BY  THE
 FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
 ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMIT-
 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:
 S. 8006--B                         60
 
   (h)  "Limited  partnership"  and  "domestic limited partnership" mean,
 unless the context otherwise requires, a partnership (i) formed  by  two
 or more persons pursuant to this article or which complies with subdivi-
 sion (a) of section 121-1202 of this article and (ii) having one or more
 general  partners and one or more limited partners.  NOTWITHSTANDING ANY
 OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED  PART-
 NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY,
 AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA-
 TION  LAW  SHALL  BE  REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE
 OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER-
 SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY  THE  FIRM'S  OWNERS,
 BELONGS  TO  INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
 STATE, AND (2) THAT ALL PARTNERS OF A LIMITED  PARTNERSHIP  OR  DOMESTIC
 LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE,
 AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
 HOLD  A  VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF
 THE EDUCATION LAW OR  ARE  PUBLIC  ACCOUNTANTS  LICENSED  UNDER  SECTION
 SEVENTY-FOUR  HUNDRED  FIVE  OF  THE  EDUCATION  LAW. ALTHOUGH FIRMS MAY
 INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS  MUST  COMPLY  WITH
 RULES  PROMULGATED  BY  THE STATE BOARD OF REGENTS.  NOTWITHSTANDING THE
 FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE  NON-LICEN-
 SEE  OWNERS  IF  THE  FIRM'S  NAME  INCLUDES THE WORDS "CERTIFIED PUBLIC
 ACCOUNTANT," OR "CERTIFIED PUBLIC  ACCOUNTANTS,"  OR  THE  ABBREVIATIONS
 "CPA"  OR  "CPAS".  EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED
 UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON  WHO  ACTIVELY  PARTIC-
 IPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN
 ENTITY,  INCLUDING,  BUT  NOT  LIMITED TO, A PARTNERSHIP OR PROFESSIONAL
 CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF  AN  EQUITY  INTEREST  IN
 SUCH  ENTITY  IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSI-
 NESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR  PURPOSES  OF
 THIS  SUBDIVISION,  "ACTIVELY  PARTICIPATE" MEANS TO PROVIDE SERVICES TO
 CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE  DAY-TO-DAY  BUSI-
 NESS OR MANAGEMENT OF THE FIRM.
   § 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
 S. 8006--B                         61
 
 professions in this state.   WITH  RESPECT  TO  A  PROFESSIONAL  SERVICE
 LIMITED  LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES
 AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE  EDUCATION  LAW  EACH
 MEMBER  OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
 NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
 BE LICENSED PURSUANT TO ARTICLE 149 OF THE  EDUCATION  LAW  TO  PRACTICE
 PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
 limited  liability  company  formed  to provide licensed clinical social
 work services as such services are defined in article 154 of the  educa-
 tion  law,  each  member  of  such  limited  liability  company shall be
 licensed pursuant to article  154  of  the  education  law  to  practice
 licensed  clinical  social work in this state. With respect to a profes-
 sional service limited liability company formed to provide creative arts
 therapy services as such services are defined  in  article  163  of  the
 education  law,  each  member  of such limited liability company must be
 licensed pursuant to article 163 of the education law to practice  crea-
 tive  arts therapy in this state. With respect to a professional service
 limited liability company formed to provide marriage and family  therapy
 services  as  such  services are defined in article 163 of the education
 law, each member of such limited  liability  company  must  be  licensed
 pursuant  to  article  163 of the education law to practice marriage and
 family therapy in this state. With respect  to  a  professional  service
 limited  liability  company  formed  to provide mental health counseling
 services as such services are defined in article 163  of  the  education
 law,  each  member  of  such  limited liability company must be licensed
 pursuant to article 163 of the education law to practice  mental  health
 counseling in this state. With respect to a professional service limited
 liability  company  formed  to  provide  psychoanalysis services as such
 services are defined in article 163 of the education law, each member of
 such limited liability company must be licensed pursuant to article  163
 of  the  education  law  to  practice psychoanalysis in this state. With
 respect to a professional service limited liability  company  formed  to
 provide  applied behavior analysis services as such services are defined
 in article 167 of the education law, each member of such limited liabil-
 ity company must be licensed or certified pursuant to article 167 of the
 education law to practice applied behavior analysis  in  this  state.  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
 S. 8006--B                         62
 
 ACTIVELY PARTICIPATES IN THE BUSINESS OF  THE  FIRM  OR  ITS  AFFILIATED
 ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP
 OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY
 INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
 THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
 PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
 SERVICES  TO  CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
 TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM.
   § 12. Subdivision (a) of section 1301 of the limited liability company
 law, as amended by chapter 475 of the laws of 2014, is amended  to  read
 as follows:
   (a)  "Foreign  professional service limited liability company" means a
 professional service limited liability company, whether or  not  denomi-
 nated  as  such,  organized  under the laws of a jurisdiction other than
 this state, (i) each of whose members and managers, if any, is a profes-
 sional authorized by law to render a professional  service  within  this
 state  and who is or has been engaged in the practice of such profession
 in such professional service limited liability company or a  predecessor
 entity, or will engage in the practice of such profession in the profes-
 sional  service limited liability company within thirty days of the date
 such professional becomes a member, or each of whose members and  manag-
 ers,  if  any, is a professional at least one of such members is author-
 ized by law to render a professional service within this state  and  who
 is  or  has  been  engaged  in  the  practice of such profession in such
 professional service limited liability company or a predecessor  entity,
 or  will  engage  in the practice of such profession in the professional
 service limited liability company within thirty days of  the  date  such
 professional  becomes  a  member,  or  (ii)  authorized by, or holding a
 license, certificate, registration or permit  issued  by  the  licensing
 authority  pursuant  to,  the  education  law  to  render a professional
 service within this state; except that all members and managers, if any,
 of  a  foreign  professional  service  limited  liability  company  that
 provides  health services in this state shall be licensed in this state.
 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
 S. 8006--B                         63
 
 WHICH  PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED
 IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
 SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
 NESS  IS  IN  THIS  STATE  AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES,
 SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO  PRAC-
 TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
 sional  service  limited liability company which provides licensed clin-
 ical social work services as such services are defined in article 154 of
 the education law, each member  of  such  foreign  professional  service
 limited  liability  company shall be licensed pursuant to article 154 of
 the education law to practice clinical social work in this  state.  With
 respect  to  a  foreign  professional  service limited liability company
 which provides creative arts  therapy  services  as  such  services  are
 defined in article 163 of the education law, each member of such foreign
 professional service limited liability company must be licensed pursuant
 to article 163 of the education law to practice creative arts therapy in
 this  state.  With  respect  to  a  foreign professional service limited
 liability company which provides marriage and family therapy services as
 such services are defined in article 163  of  the  education  law,  each
 member  of  such  foreign professional service limited liability company
 must be licensed pursuant to article 163 of the education law  to  prac-
 tice  marriage  and  family  therapy  in  this  state. With respect to a
 foreign professional service limited liability  company  which  provides
 mental  health counseling services as such services are defined in arti-
 cle 163 of the education law, each member of such  foreign  professional
 service  limited  liability company must be licensed pursuant to article
 163 of the education law to practice mental health  counseling  in  this
 state.  With respect to a foreign professional service limited liability
 company which provides psychoanalysis  services  as  such  services  are
 defined in article 163 of the education law, each member of such foreign
 professional service limited liability company must be licensed pursuant
 to  article  163 of the education law to practice psychoanalysis in this
 state. With respect to a foreign professional service limited  liability
 company  which  provides  applied  behavior  analysis  services  as such
 services are defined in article 167 of the education law, each member of
 such foreign professional service  limited  liability  company  must  be
 licensed  or  certified  pursuant to article 167 of the education law to
 practice applied behavior analysis in this state. 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
 S. 8006--B                         64
 
 ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS
 REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY
 PARTICIPATES  IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
 (2)  AN  ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES-
 SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
 IN SUCH ENTITY IS A NATURAL PERSON  WHO  ACTIVELY  PARTICIPATES  IN  THE
 BUSINESS  CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
 OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
 CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE  DAY-TO-DAY  BUSI-
 NESS OR MANAGEMENT OF THE FIRM.
   §  13.  Notwithstanding  any  other  provision of law to the contrary,
 there is hereby established a fee for each non-licensee owner of a  firm
 that  is  incorporating  as a professional service corporation formed to
 lawfully engage in the practice of public accountancy. Such non-licensee
 owner shall pay a fee of three hundred  dollars  to  the  department  of
 education on an annual basis.
   § 14. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Article 6 of the social services law is amended by adding a
 new title 5-D to read as follows:
                                 TITLE 5-D
                      EXPANDING CHILD CARE ASSISTANCE
 SECTION 410-A-1.  DEFINITIONS.
         410-A-2.  CHILD CARE PROGRAM.
         410-A-3.  FINANCIAL  ASSISTANCE  TO QUALIFIED AGENCIES FOR HIGH-
                     QUALITY CHILD CARE PROGRAMS AND ENROLLMENT.
         410-A-4.  APPLICATION AND ELIGIBILITY FOR HOUSEHOLDS.
         410-A-5.  INCOME ELIGIBILITY SCALE.
         410-A-6.  CO-PAYMENT.
         410-A-7.  REIMBURSEMENT RATES.
         410-A-8.  CHILD CARE WORKFORCE STABILIZATION GRANT.
         410-A-9.  CAPACITY BUILDING GRANT.
         410-A-10. REPORTING REQUIREMENTS.
   § 410-A-1. DEFINITIONS. AS USED IN  THE  TITLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "QUALIFIED AGENCY" MEANS ANY IN FAMILY DAY CARE HOMES, GROUP FAMILY
 DAY  CARE  HOMES, HEAD START PROGRAMS OR CENTER-BASED CHILD CARE THAT IS
 CERTIFIED AND LICENSED BY THE STATE.
   2. "HIGH-QUALITY CHILD CARE PROGRAM" MEANS A CHILD CARE PROGRAM FOR  A
 CHILD  NOT LESS THAN SIX WEEKS OF AGE AND IS LESS THAN FIVE YEARS OF AGE
 THAT IS PROVIDED IN FAMILY DAY CARE HOMES, GROUP FAMILY DAY CARE  HOMES,
 HEAD  START  PROGRAMS  OR  CENTER-BASED CHILD CARE THAT IS CERTIFIED AND
 LICENSED BY THE STATE.
   3. "COVERED CHILD" MEANS A CHILD WHO IS LESS THAN FIVE YEARS OF AGE AT
 THE BEGINNING OF THE SCHOOL YEAR UP TO THE END OF A CHILD'S  FIRST  YEAR
 OF ELIGIBILITY FOR KINDERGARTEN IN THEIR SCHOOL DISTRICT.
   4. "FINANCIAL ASSISTANCE" MEANS ASSISTANCE PROVIDED BY GRANT FOR WHICH
 PAYMENTS  MAY  BE  MADE  IN  INSTALLMENTS  AND  IN  ADVANCE OR BY WAY OF
 REIMBURSEMENT WITH NECESSARY ADJUSTMENTS ON ACCOUNT OF  OVERPAYMENTS  OR
 UNDERPAYMENTS.
   5. "FEDERAL POVERTY LEVEL" MEANS THE OFFICIAL POVERTY LEVEL THRESHOLD,
 AS  DEFINED BY THE FEDERAL OFFICE OF MANAGEMENT AND BUDGET, BASED ON THE
 MOST RECENT DATA AVAILABLE FROM THE BUREAU OF THE CENSUS:  (A)  ADJUSTED
 TO  REFLECT  THE  PERCENTAGE  CHANGE IN THE CONSUMER PRICE INDEX FOR ALL
 S. 8006--B                         65
 
 URBAN CONSUMERS, ISSUED BY THE BUREAU OF LABOR  STATISTICS,  DURING  THE
 ANNUAL  OR  OTHER  INTERVAL IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH
 ADJUSTMENT IS MADE; AND (B) ADJUSTED FOR HOUSEHOLD SIZE.
   6. "PROFESSIONAL DEVELOPMENT" MEANS TRAINING, COURSE WORK OR LICENSURE
 PROGRAMS THAT CONTRIBUTE TO ENSURING THAT A MEMBER OF THE EARLY CARE AND
 EDUCATION  WORKFORCE  HAS  THE  NECESSARY KNOWLEDGE AND COMPETENCIES FOR
 QUALITY PROVISION OF CHILD CARE AND EARLY LEARNING SERVICES.
   7. "CAPACITY BUILDING GRANT" MEANS A GRANT TO PROVIDE  ELIGIBLE  AGEN-
 CIES  WITH FUNDS FOR CAPITAL IMPROVEMENTS, AND OTHER MISCELLANEOUS CAPI-
 TAL FUNDS ASSOCIATED WITH BUILDING AND MAINTAINING A CHILD CARE  PROGRAM
 OR A GRANT TO PROVIDE PROFESSIONAL DEVELOPMENT OF CHILD CARE PROVIDERS.
   8.  "CHILD CARE STABILIZATION GRANT" MEANS A SALARY ADJUSTMENT (BONUS)
 MADE TO SUPPORT CHILD CARE PROVIDERS WHILE  THIS  PROGRAM  EXPANSION  IS
 PHASED IN.
   9.  "INCOME  ELIGIBILITY  CO-PAYMENT  SCALE"  MEANS  A FORMULA USED TO
 DETERMINE HOW MUCH A HOUSEHOLD WILL CONTRIBUTE TO THEIR CHILD CARE COSTS
 BASED ON THEIR INCOME.
   10. "CHILD CARE DESERT" MEANS A CENSUS  TRACT  WITH  MORE  THAN  FIFTY
 CHILDREN  UNDER AGE FIVE THAT CONTAINS EITHER NO CHILD CARE PROVIDERS OR
 SO FEW OPTIONS THAT THERE ARE MORE THAN THREE TIMES AS MANY CHILDREN  AS
 LICENSED CHILD CARE SLOTS.
   11.  "CONTRACTED  CARE FACILITY" MEANS MANAGED ELIGIBLE AGENCIES, SUCH
 AS IN-HOME OR CENTER-BASED CARE  FACILITIES,  OR  SCHOOLS  OPERATING  AS
 EARLY  CARE  AND  LEARNING  PROGRAMS  THAT  ENTER INTO CONTRACT WITH THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, LOCAL DEPARTMENT OF EDUCATION OR
 OTHER QUALIFIED AGENCY TO MEET DETAILED AND  SPECIFIC  REQUIREMENTS  AND
 GOALS.
   § 410-A-2. CHILD CARE PROGRAM. 1. (A) THE DEPARTMENT IS HEREBY AUTHOR-
 IZED  AND  EMPOWERED  TO ESTABLISH AND OPERATE THE CHILD CARE PROGRAM AS
 AUTHORIZED PURSUANT TO THIS TITLE. FUNDING SHALL BE DEDICATED TO PROVID-
 ING COVERED CHILDREN ASSISTANCE TO ATTEND QUALIFIED AGENCIES' HIGH-QUAL-
 ITY CHILD CARE PROGRAMS.
   (B) THE DEPARTMENT IS DIRECTED TO BUILD OUT THE NEEDED  INFRASTRUCTURE
 FOR  ESTABLISHING NEW CHILD CARE FACILITIES, TRAINING THE WORKFORCE, AND
 INCREASING CAPACITY IN EXISTING  FACILITIES  ACROSS  THE  STATE  THROUGH
 GRANTS  AND  SCHOLARSHIPS.    GRANTS  SHALL  INCLUDE FUNDING FOR CAPITAL
 PURCHASES AND IMPROVEMENTS, EXPANSION  OF  PROVIDER  NETWORKS,  TRAINING
 ACTIVITIES AND PROFESSIONAL DEVELOPMENT PROGRAMS, HIRING MORE STAFF, THE
 REGULATION  AND  MONITORING OF THE PROGRAM, THE DEVELOPMENT OF COMPUTER-
 IZED DATA SYSTEMS, AND CONSUMER EDUCATION.
   2.  SOCIAL SERVICES DISTRICTS SHALL EXPEND THE ALLOCATED MONEY FOR ALL
 CHILD CARE PROGRAMS WHICH ARE QUALIFIED AGENCIES BASED ON COVERED  CHIL-
 DREN'S ELIGIBILITY AND THE COST ESTIMATION MODEL USED TO REIMBURSE AGEN-
 CIES,  PURSUANT  TO  THIS TITLE AND THE RULES AND REGULATIONS ADOPTED BY
 THE DEPARTMENT.
   3. CHILD CARE PROGRAMS SHALL FALL INTO TWO CATEGORIES  BROADLY:    (A)
 ASSISTANCE ELIGIBLE AGENCIES; AND (B) CONTRACTED CARE ELIGIBLE AGENCIES.
 SOCIAL  SERVICES  DISTRICTS  SHALL  HAVE AUTHORITY OVER HOW MUCH FUNDING
 WILL BE DEDICATED TO  THESE  TWO  CATEGORIES,  AS  LONG  AS  THE  SOCIAL
 SERVICES  DISTRICTS  PROGRAM  MEETS  ALL  REQUIREMENTS  PURSUANT  TO THE
 PROGRAM.
   4. (A) A SOCIAL SERVICES DISTRICT SHALL  MAKE  AWARDS  FOR  CONTRACTED
 CARE  TO CONSOLIDATED APPLICATIONS SUBMITTED BY QUALIFIED AGENCIES WHICH
 INCLUDE CHILD CARE PROGRAMS OFFERED BY NON-PROFIT ORGANIZATIONS,  COMMU-
 NITY-BASED  ORGANIZATIONS,  SCHOOLS,  LIBRARIES, MUSEUMS, AND/OR CHARTER
 S. 8006--B                         66
 
 SCHOOLS WHICH SHALL DEMONSTRATE GEOGRAPHIC DIVERSITY WITHIN THE AREA  TO
 BE SERVED AS WELL AS DIVERSITY OF PROVIDERS.
   (B)  SOCIAL  SERVICES  DISTRICTS  SHALL  CERTIFY  ASSISTANCE  ELIGIBLE
 PROGRAMS TO APPLICATIONS SUBMITTED BY QUALIFIED AGENCIES  WHICH  INCLUDE
 CHILD CARE PROGRAMS OFFERED BY IN-HOME CARE, CENTER-BASED CARE, INFORMAL
 CARE  PROVIDERS WHO ARE FOR PROFIT OR NON-PROFIT ORGANIZATIONS, COMMUNI-
 TY-BASED ORGANIZATIONS, CHARTER SCHOOLS, LIBRARIES  AND  MUSEUMS,  WHICH
 MAY APPLY INDIVIDUALLY TO THE EXTENT ALLOWED UNDER PARAGRAPH (C) OF THIS
 SUBDIVISION.   ANY CONSOLIDATED APPLICATION SHALL INCLUDE, BUT SHALL NOT
 BE LIMITED TO, THE NAMES OF INDIVIDUAL LOCATIONS AND PROVIDERS, APPLICA-
 BLE LICENSES, FACILITY LEASE INFORMATION, AND INTENDED STAFFING PLANS.
   (C) PRIOR TO SUBMISSION  OF  A  CONSOLIDATED  APPLICATION,  THE  LOCAL
 COMMISSIONER  OF SOCIAL SERVICES SHALL WIDELY SOLICIT PROSPECTIVE ELIGI-
 BLE AGENCIES.  THE LOCAL COMMISSIONER OF SOCIAL  SERVICES  SHALL  NOTIFY
 ANY APPLICANT WHO HAS BEEN DENIED INCLUSION IN THE CONSOLIDATED APPLICA-
 TION  AND/OR HAS NOT BEEN CERTIFIED NO LATER THAN TWO WEEKS PRIOR TO THE
 SUBMISSION OF SUCH APPLICATION. SUCH ELIGIBLE PROVIDERS DENIED INCLUSION
 MAY APPLY INDIVIDUALLY AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   5. QUALIFIED AGENCIES SHALL APPLY TO THE LOCAL COMMISSIONER OF  SOCIAL
 SERVICES  FOR  FUNDS  FOR PROSPECTIVE COVERED CHILDREN. ALL APPLICATIONS
 APPROVED BY THE COMMISSIONER SHALL INCLUDE A COMMITMENT TO USE APPROPRI-
 ATE ACCOUNTING AND FISCAL CONTROL PROCEDURES  WHICH  SHALL  INCLUDE  THE
 FILING  OF  AN  ANNUAL  FINANCIAL  STATEMENT  WHICH  HAS BEEN AUDITED AS
 REQUIRED BY THE DEPARTMENT SO AS TO ENSURE:
   (A) THE PROPER DISBURSEMENT ACCOUNTING FOR FUNDS RECEIVED; AND
   (B) APPROPRIATE  WRITTEN  RECORDS  REGARDING  THE  POPULATION  SERVED,
 INCLUDING  THE  LEVEL  OF  FINANCIAL  ASSISTANCE NEEDED AND THE TYPE AND
 EXTENT OF SERVICES RENDERED.
   6. QUALIFIED AGENCIES APPROVED TO RECEIVE FUNDING SHALL BE REQUIRED TO
 PROVIDE INFORMATION TO HOUSEHOLDS WHO CONTACT THE CERTIFIED  CHILD  CARE
 CENTER  ABOUT  THE  CHILD  CARE OPTIONS FOR HOUSEHOLDS AND THEIR COVERED
 CHILD.
   7. STANDARDS FOR A PROGRAM APPLICATION BY QUALIFIED AGENCIES SHALL  BE
 ACCEPTED  AND  APPROVED  FOR  FUNDING AS DETERMINED BY THE DEPARTMENT. A
 PROGRAM PROPOSAL SUBMITTED UNDER THIS SECTION MAY BE  DISAPPROVED  OR  A
 PRIOR  DESIGNATION  OF  QUALIFIED  AGENCY  MAY  BE WITHDRAWN ONLY IF THE
 COMMISSIONER, IN ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE  COMMIS-
 SIONER, HAS PROVIDED: (A) WRITTEN NOTICE OF INTENTION TO DISAPPROVE SUCH
 PROPOSAL  OR  WITHDRAW  SUCH  DESIGNATION,  INCLUDING A STATEMENT OF THE
 REASONS FOR SUCH DISAPPROVAL OR WITHDRAWAL; (B)  A  REASONABLE  TIME  IN
 WHICH  TO  SUBMIT  CORRECTIVE AMENDMENTS TO SUCH PLAN OR UNDERTAKE OTHER
 NECESSARY CORRECTIVE ACTION; AND (C) AN OPPORTUNITY TO APPEAL THE  DECI-
 SION.
   § 410-A-3. FINANCIAL ASSISTANCE TO QUALIFIED AGENCIES FOR HIGH-QUALITY
 CHILD CARE PROGRAMS AND ENROLLMENT.  QUALIFIED AGENCIES PARTICIPATING IN
 THE  CHILD  CARE  PROGRAM  SHALL BE REIMBURSED BY THE STATE BASED ON THE
 ENROLLMENT OF COVERED CHILDREN. FINANCIAL ASSISTANCE SHALL  BE  PROVIDED
 TO  THE  QUALIFIED  AGENCY REGARDLESS OF WHETHER A COVERED CHILD ATTENDS
 THEIR ASSIGNED SESSION OR NOT.
   § 410-A-4. APPLICATION AND ELIGIBILITY FOR HOUSEHOLDS. 1.  ALL  SOCIAL
 SERVICES  DISTRICTS  SHALL  PROVIDE  QUALIFIED AGENCIES APPROVED FOR THE
 CHILD CARE PROGRAM WITH THE NECESSARY FORMS FOR HOUSEHOLDS  TO  COMPLETE
 AN APPLICATION TO THE PROGRAM FOR THEIR COVERED CHILD.  SUCH APPLICATION
 FORMS  SHALL  BE  PROCESSED BY THE SOCIAL SERVICES DISTRICT AND SHALL BE
 MADE AVAILABLE: (A) ONLINE IN A PRINTABLE, AND FILLABLE  FORMAT  ON  THE
 WEBSITE  OF  THE  RELEVANT SOCIAL SERVICES DISTRICT; AND (B) IN A TRANS-
 S. 8006--B                         67
 
 LATED VERSION OF THE THREE TO SIX MOST COMMONLY SPOKEN LANGUAGES IN  THE
 RELEVANT  SOCIAL SERVICES DISTRICT, EITHER IN PRINT OR ONLINE. QUALIFIED
 AGENCIES SHALL PROVIDE HOUSEHOLDS WHO SEEK  ENROLLMENT  AT  THEIR  LOCAL
 CHILD  CARE  AND  EARLY  LEARNING  PROGRAM INFORMATION ON HOW TO CONTACT
 THEIR LOCAL SOCIAL SERVICES DISTRICT AND CHILD CARE RESOURCE AND  REFER-
 RAL AGENCIES FOR HELP IN APPLYING TO THE PROGRAM.
   2.  HOUSEHOLDS, REGARDLESS OF IMMIGRATION STATUS, MAY APPLY TO A LOCAL
 CHILD CARE AND EARLY LEARNING PROGRAM IN SUCH FORM AND AT SUCH  TIME  AS
 THE  COMMISSIONER MAY PRESCRIBE, PROVIDED, HOWEVER THAT SUCH APPLICATION
 SHALL REQUIRE: PROOF OF EARNINGS, PROOF OF IDENTITY, AND PROOF OF  RESI-
 DENCY.
   3.  APPLICANTS  MAY PROVE EARNINGS BY PROVIDING: (A) PROOF OF EARNINGS
 THROUGH THE PRESENTATION OF A FILED TAX RETURN FROM THE  PREVIOUS  YEAR,
 OR IF PROOF OF INCOME THROUGH TAX RETURN IS NOT POSSIBLE THE COMMISSION-
 ER  MAY ALLOW A LETTER FROM AN EMPLOYER DOCUMENTING THE DATES OF WORK OF
 THE APPLICANT AND THE YEARLY PAY FROM THE EMPLOYER; (B) A  FORM  W-2  OR
 1099  FROM  AT  LEAST ONE OF THE TWO MOST RECENT COMPLETED TAX YEARS; OR
 (C) A WAGE NOTICE PROVIDED PURSUANT TO SECTION ONE  HUNDRED  NINETY-FIVE
 OF  THE  LABOR LAW THAT DOCUMENTS EMPLOYMENT FOR A PERIOD OF TIME WITHIN
 SIX MONTHS PRIOR TO THE DATE THE APPLICANT CERTIFIES HE  OR  SHE  BECAME
 ELIGIBLE FOR BENEFITS PURSUANT TO THIS TITLE.
   4. APPLICANTS MAY PROVE IDENTITY BY PROVIDING:
   (A)  A  DRIVER'S  LICENSE, MOTOR VEHICLE ID CARD NUMBER, VALID FOREIGN
 DRIVER'S LICENSE THAT INCLUDES A PHOTO IMAGE OF THE APPLICANT AND  WHICH
 IS  UNEXPIRED OR EXPIRED FOR LESS THAN TWENTY-FOUR MONTHS OF ITS DATE OF
 EXPIRATION, NEW YORK STATE ID, IDNYC OR  OTHER  NEW  YORK  MUNICIPAL  OR
 COUNTY  IDENTIFICATION  CARD, VALID UNEXPIRED FOREIGN PASSPORT ISSUED BY
 THE APPLICANT'S COUNTRY OF  CITIZENSHIP,  OR  VALID  UNEXPIRED  CONSULAR
 IDENTIFICATION DOCUMENT ISSUED BY A CONSULATE FROM THE APPLICANT'S COUN-
 TRY  OF  CITIZENSHIP.    NOTHING  CONTAINED IN THIS SUBDIVISION SHALL BE
 DEEMED TO PRECLUDE THE COMMISSIONER FROM APPROVING ADDITIONAL  PROOF  OF
 IDENTITY; OR
   (B)  A  SOCIAL  SECURITY  NUMBER  OR,  IN  LIEU THEREOF, AN INDIVIDUAL
 TAXPAYER IDENTIFICATION NUMBER OR A UNITED STATES CITIZENSHIP AND  IMMI-
 GRATION SERVICES NUMBER; OR
   (C) THE NAMES AND ADDRESSES OF ALL EMPLOYERS AND/OR HIRING PARTIES, IN
 AND  OUT  OF  THE STATE, FOR THE LAST EIGHTEEN MONTHS TO THE EXTENT THAT
 SUCH INFORMATION IS AVAILABLE TO THE APPLICANT; OR
   (D) A MAILING ADDRESS AND ZIP CODE.
   5. APPLICANTS MAY PROVE RESIDENCY BY PROVIDING: (A) A NEW  YORK  STATE
 DRIVER'S  LICENSE  OR STATE IDENTIFICATION CARD, AN IDNYC; (B) A UTILITY
 BILL WITH A PROPER ADDRESS AND LISTED UNDER  THE  APPLICANT'S  CONFIRMED
 IDENTITY,  OR  A  CREDIT CARD STATEMENT WITH A PROPER ADDRESS AND LISTED
 UNDER THE APPLICANT'S CONFIRMED IDENTITY; OR (C) A  LEASE  AGREEMENT  OR
 MORTGAGE  STATEMENT  WITH  A  PROPER ADDRESS AND LISTED UNDER THE APPLI-
 CANT'S CONFIRMED IDENTITY, A LETTER  FROM  THE  NEW  YORK  CITY  HOUSING
 AUTHORITY,  A  LETTER FROM A HOMELESS SHELTER, OR ANY ADDITIONAL FORM OF
 GOVERNMENT IDENTIFICATION OR IDENTIFICATION APPROVED BY  THE  DEPARTMENT
 AND THE NEW YORK STATE CHILD CARE BOARD.
   §  410-A-5.  INCOME  ELIGIBILITY  SCALE.  1. HOUSEHOLDS SHALL BE FOUND
 ELIGIBLE FOR FINANCIAL ASSISTANCE USING  AN  INCOME  ELIGIBILITY  CO-PAY
 SCALE  BASED  ON  THE CURRENT FEDERAL POVERTY LEVEL AND ADJUSTED FOR THE
 SIZE OF THE FAMILY. NOTWITHSTANDING ANY OTHER PROVISIONS OF  THIS  CHAP-
 TER,  A  SOCIAL SERVICES DISTRICT MAY USE THE FUNDS ALLOCATED TO IT FROM
 THE BLOCK GRANT TO PROVIDE CHILD CARE ASSISTANCE TO:
   (A) HOUSEHOLDS RECEIVING PUBLIC ASSISTANCE;
 S. 8006--B                         68
 
   (B) HOUSEHOLDS WITH INCOMES UP TO TWO HUNDRED PERCENT OF  THE  FEDERAL
 POVERTY LEVEL;
   (C) HOUSEHOLDS WITH INCOMES UP TO THREE HUNDRED PERCENT OF THE FEDERAL
 POVERTY LEVEL BEGINNING ON AUGUST FIRST, TWO THOUSAND TWENTY-TWO;
   (D)  HOUSEHOLDS WITH INCOMES UP TO FOUR HUNDRED PERCENT OF THE FEDERAL
 POVERTY LEVEL BEGINNING ON AUGUST FIRST, TWO THOUSAND TWENTY-THREE; AND
   (E) HOUSEHOLDS WITH INCOMES UP TO FIVE HUNDRED PERCENT OF THE  FEDERAL
 POVERTY LEVEL BEGINNING ON AUGUST FIRST, TWO THOUSAND TWENTY-FOUR.
   2.  CHILD CARE FOR HOUSEHOLDS ELIGIBLE UNDER THIS TITLE SHALL FIRST BE
 FUNDED FROM FEDERAL SOURCES TO  THE  MAXIMUM  EXTENT  PERMISSIBLE  UNDER
 FEDERAL LAWS AND REGULATIONS. THE STATE SHALL FUND THE REMAINING COST OF
 HOUSEHOLDS  NOT  ELIGIBLE  FOR  FEDERALLY-FUNDED  CHILD CARE FOR COVERED
 CHILDREN PURSUANT TO THIS TITLE.
   § 410-A-6. CO-PAYMENT. 1. A  CO-PAYMENT  UNDER  THIS  SECTION  MAY  BE
 CHARGED  TO  HOUSEHOLDS  OF  A  COVERED  CHILD BASED ON INCOME LEVELS AS
 FOLLOWS:
   (A) A COVERED CHILD WHO IS IN A HOUSEHOLD WITH AN INCOME THAT IS  LESS
 THAN  THREE  HUNDRED  PERCENT  OF  THE  FEDERAL  POVERTY  LEVEL SHALL BE
 ASSESSED NO FEE OR COPAYMENT FOR SERVICE AND  RECEIVE  FREE  CHILD  CARE
 AFTER AUGUST FIRST, TWO THOUSAND TWENTY-TWO.
   (B)  FOR  A COVERED CHILD WHO IS IN A HOUSEHOLD WITH AN INCOME THAT IS
 MORE THAN THREE HUNDRED ONE PERCENT OF THE FEDERAL POVERTY LEVEL BUT NOT
 MORE THAN FOUR HUNDRED PERCENT OF THE FEDERAL  POVERTY  LEVEL,  THE  FEE
 UNDER THIS SECTION SHALL NOT EXCEED TEN PERCENT OF THE HOUSEHOLD'S GROSS
 INCOME EXCEEDING THE FEDERAL POVERTY LEVEL AFTER AUGUST FIRST, TWO THOU-
 SAND TWENTY-THREE.
   (C)  FOR  A COVERED CHILD WHO IS IN A HOUSEHOLD WITH AN INCOME THAT IS
 MORE THAN FOUR HUNDRED ONE PERCENT OF THE FEDERAL POVERTY LEVEL BUT  NOT
 MORE  THAN  FIVE  HUNDRED  PERCENT OF THE FEDERAL POVERTY LEVEL, THE FEE
 UNDER THIS SECTION SHALL NOT EXCEED TEN PERCENT OF THE HOUSEHOLD'S GROSS
 INCOME EXCEEDING THE FEDERAL POVERTY LEVEL AFTER AUGUST FIRST, TWO THOU-
 SAND TWENTY-FOUR.
   2. WITHIN FOURTEEN DAYS OF COMPLETING AN APPLICATION, THE LOCAL SOCIAL
 SERVICES DISTRICT SHALL PROVIDE HOUSEHOLDS OF A  COVERED  CHILD  WITH  A
 RESPONSE  ON  WHETHER  THE  CHILD  IS ELIGIBLE FOR FINANCIAL ASSISTANCE,
 UNLESS THE LOCAL JURISDICTION IS FACING EXTENUATING CIRCUMSTANCES.
   § 410-A-7. REIMBURSEMENT RATES.  1.  EXPENDITURES  MADE  BY  COUNTIES,
 CITIES,  AND TOWNS FOR CHILD CARE AND ITS ADMINISTRATION PURSUANT TO THE
 PROVISIONS OF THIS TITLE, SHALL,  IF  APPROVED  BY  THE  DEPARTMENT,  BE
 SUBJECT  TO  REIMBURSEMENT  BY  THE  STATE, IN ACCORDANCE WITH THE REGU-
 LATIONS OF THE DEPARTMENT, AS FOLLOWS: THERE SHALL BE PAID TO EACH COUN-
 TY, CITY OR TOWN AS FOLLOWS:
   (A) THE AMOUNT OF FEDERAL FUNDS, IF ANY, PROPERLY RECEIVED  OR  TO  BE
 RECEIVED ON ACCOUNT OF SUCH EXPENDITURES;
   (B)  SEVENTY-FIVE PERCENTILE OF THE CURRENT MARKET RATE FOR CHILD CARE
 IN THE STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO  THROUGH  STATE  FISCAL
 YEAR TWO THOUSAND TWENTY-THREE;
   (C)  EIGHTY-FIVE  PERCENTILE OF THE CURRENT MARKET RATE FOR CHILD CARE
 IN THE STATE FISCAL YEAR TWO THOUSAND TWENTY-THREE THROUGH STATE  FISCAL
 YEAR TWO THOUSAND TWENTY-FOUR;
   (D)  ONE  HUNDRED  PERCENTILE  OF THE ACTUAL COST OF CHILD CARE IN THE
 STATE FISCAL YEAR TWO THOUSAND TWENTY-FOUR THROUGH STATE FISCAL YEAR TWO
 THOUSAND TWENTY-FIVE AND THEREAFTER.
   2. SUCH REIMBURSEMENTS SHALL BE CALCULATED AFTER FIRST  DEDUCTING  ANY
 FEDERAL  FUNDS  RECEIVED  OR  TO BE RECEIVED ON ACCOUNT THEREOF, AND ANY
 S. 8006--B                         69
 
 EXPENDITURES DEFRAYED BY FEES OR COPAYMENTS PAID BY PARENTS OR  CAREGIV-
 ERS OF COVERED CHILDREN, OR BY OTHER PRIVATE CONTRIBUTIONS.
   3. THE REIMBURSEMENT RATE SHALL BE BASED ON ENROLLMENT NOT ATTENDANCE.
   §  410-A-8. CHILD CARE WORKFORCE STABILIZATION GRANT. 1. THE OFFICE OF
 CHILDREN AND FAMILY  SERVICES  SHALL  ESTABLISH  A  STABILIZATION  GRANT
 PROGRAM  TO  PROVIDE  WORKFORCE  STABILIZATION GRANTS (BONUSES) TO CHILD
 CARE PROVIDERS WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS TITLE.
   2. SUCH WORKFORCE STABILIZATION GRANTS SHALL  BE  PAID  ON  A  MONTHLY
 BASIS  FOR  TWENTY-FOUR MONTHS FOR A TOTAL OF THREE THOUSAND DOLLARS PER
 EMPLOYEE PER YEAR FOR TWO YEARS.
   3. WORKFORCE STABILIZATION GRANTS SHALL BE MADE TO CHILD CARE  PROVID-
 ERS  WHO  HAVE WORKED IN THE CHILD CARE FIELD FOR AT LEAST TWELVE MONTHS
 SINCE MARCH TWELFTH, TWO THOUSAND TWENTY. SUCH TWELVE-MONTH PERIOD SHALL
 INCLUDE THREE-MONTH PERIODS SPREAD OUT OVER  THE  QUALIFYING  PERIOD  IF
 SUCH PERIODS TOTAL TWELVE MONTHS.
   4. CHILD CARE PROVIDERS SHALL BE EMPLOYED FULL-TIME FOR AT LEAST THIR-
 TY  HOURS  PER  WEEK  IN CHILD CARE IN THE STATE OF NEW YORK AT THE TIME
 THIS TITLE BECOMES EFFECTIVE OR WITHIN ONE YEAR TO BE ELIGIBLE FOR  SUCH
 GRANTS.
   5.  CHILD  CARE PROVIDERS WHO ENTER THE CHILD CARE WORKFORCE FULL-TIME
 AFTER THE ONE-YEAR PERIOD MAY BE ELIGIBLE  FOR  WORKFORCE  STABILIZATION
 GRANTS  FOR  UP  TO  ONE  YEAR,  BUT  NOT LONGER THAN THE PERIOD OF THIS
 PROGRAM.
   6. WORKFORCE STABILIZATION GRANTS SHALL NOT BE  COUNTED  AS  HOUSEHOLD
 INCOME  FOR  PURPOSES  OF  PUBLIC  BENEFITS,  PUBLIC  ASSISTANCE, PUBLIC
 SERVICES, OR DISABILITY, VETERAN,  OR  SENIOR  PROGRAMS,  OR  ANY  OTHER
 PUBLICLY  FUNDED  PROGRAMS, INCLUDING TAX EXEMPTIONS AND TAX ABATEMENTS,
 COVID-19 RELIEF PROGRAMS, OR RENTAL OR HOMEOWNER ASSISTANCE PROGRAMS.
   § 410-A-9. CAPACITY BUILDING GRANT. THE COMMISSIONER SHALL ESTABLISH A
 CAPACITY BUILDING GRANT PROGRAM WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE
 EFFECTIVE  DATE  OF  THIS TITLE.   CAPITAL FUNDING IN THE FORM OF GRANTS
 SHALL BE AVAILABLE FOR: (A) CONSTRUCTION AND REHABILITATION  OF  FACILI-
 TIES;  (B)  TO SUPPORT NEW FACILITIES TO COME ONLINE; AND (C) TO SUPPORT
 AGENCIES THAT CLOSED DUE TO THE COVID-19 PANDEMIC OVER A FIVE-YEAR PERI-
 OD. SUCH GRANTS SHALL PROMOTE THE EXPANSION OF CHILD CARE CAPACITY WHERE
 THE COMMISSIONER IDENTIFIES THE GREATEST NEED, INCLUDING BUT NOT LIMITED
 TO CHILD CARE DESERTS. ADDITIONAL GRANTS SHALL  BE  MADE  AVAILABLE  FOR
 PROFESSIONAL DEVELOPMENT AND EMPLOYEE TRAINING.
   §  410-A-10.  REPORTING  REQUIREMENTS.  EACH  SOCIAL SERVICES DISTRICT
 SHALL COLLECT AND SUBMIT TO THE OFFICE OF CHILDREN AND FAMILY  SERVICES,
 IN SUCH FORM AND AT SUCH TIMES AS SPECIFIED BY THE DEPARTMENT, SUCH DATA
 AND INFORMATION REGARDING CHILD CARE ASSISTANCE PROVIDED UNDER THE HIGH-
 QUALITY  CHILD  CARE  PROGRAM IN ACCORDANCE WITH CRITERIA ESTABLISHED BY
 THE DEPARTMENT. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CREATE,
 OVERSEE, AND UPDATE A DATABASE OF  ALL  CHILD  CARE  FACILITIES  IN  THE
 STATE.  SUCH DATABASE SHALL BE UPDATED ON A MINIMUM OF A BI-WEEKLY BASIS
 BY EACH SOCIAL SERVICES DISTRICT AND SHALL INCLUDE: (A) CONTACT INFORMA-
 TION FOR EACH CHILD CARE FACILITY; (B) CURRENT FULL  OR  PART-TIME  CARE
 AVAILABILITY;  AND  (C)  WHETHER  DROP-IN CARE OR CARE OUTSIDE OF TRADI-
 TIONAL BUSINESS HOURS IS AVAILABLE.
   § 2. Section 390-k of the social services law, as added by chapter 493
 of the laws of 2017, subdivisions 2 and 4 as amended by chapter  797  of
 the laws of 2021 and subdivision 3 as amended by chapter 133 of the laws
 of 2022, is amended to read as follows:
   §  390-k.  Child care availability taskforce. 1. There shall be estab-
 lished within the office of children and family services  a  child  care
 S. 8006--B                         70
 
 taskforce  for  the purpose of [evaluating the need for and availability
 of child care throughout the state] GUIDING NEW YORK TOWARDS A SYSTEM OF
 FREE UNIVERSAL CHILD CARE.
   2. The taskforce shall be chaired by a representative of the executive
 chamber  and  the  commissioners  of  the  office of children and family
 services [and], the department of labor AND THE DEPARTMENT OF EDUCATION,
 or their designees. Members of the taskforce shall serve without compen-
 sation for three year terms, but may  be  reimbursed  for  actual  costs
 incurred   for   participation  on  such  taskforce.  Ensuring  adequate
 geographic, racial and ethnic representation, members of  the  taskforce
 shall be appointed by the governor and comprised as follows:
   (a) four individuals shall be appointed upon the recommendation of the
 speaker  of the assembly, at least one of whom shall be a parent who has
 utilized subsidized child care and at least  one  of  whom  shall  be  a
 parent  who has utilized unsubsidized child care, from different regions
 of the state;
   (b) four individuals shall be appointed upon the recommendation of the
 temporary president of the senate, at least  one  of  whom  shall  be  a
 parent  who  has utilized subsidized child care and at least one of whom
 shall be a parent who has utilized unsubsidized child care, from differ-
 ent regions of the state;
   (c) one individual shall be appointed upon the recommendation  of  the
 minority leader of the assembly;
   (d)  one  individual shall be appointed upon the recommendation of the
 minority leader of the senate;
   (e) two representatives of a child care resource and referral agency;
   (f) a minimum of three and a maximum of four representatives of  home-
 based child care providers;
   (g)  a  minimum  of  three  and  a  maximum of four representatives of
 center-based child care providers;
   (h) two representatives from the business community;
   (i) two representatives from unions that represent child care  provid-
 ers; and
   (j) at least one representative from each of the following entities:
   (i) the office of temporary and disability assistance;
   (ii) the council on children and families;
   (iii) the department of taxation and finance;
   (iv) a regional economic development council;
   (v)  the  state  university  of New York or the city university of New
 York;
   (vi) the state education department;
   (vii) the early childhood advisory council;
   (viii) a social service district or county  government  or  an  entity
 that advocates on behalf of social services or county governments; [and]
   (ix) a non-profit child care advocacy organization; AND
   (X) A REPRESENTATIVE FROM EACH OF THE LABOR ORGANIZATIONS REPRESENTING
 CHILD CARE PROVIDERS OR EMPLOYEES.
   3.  The  taskforce shall ADVISE THE STATE IN DEVELOPING AN IMPLEMENTA-
 TION FRAMEWORK LEADING TO  AN  EXPEDITIOUS  PHASED-IN  ROLLOUT  OF  FREE
 UNIVERSAL  CHILD  CARE  USING  EXISTING  STATE AND FEDERAL RESOURCES AND
 SHALL EXAMINE THE FOLLOWING:
   (a) [examine the impact of the COVID-19 pandemic on child care in  New
 York  state]  HOW TO IMPLEMENT AN AFFORDABLE UNIVERSAL CHILD CARE SYSTEM
 THAT IS FREE AT THE POINT OF SERVICE FOR ALL HOUSEHOLDS AT OR BELOW  ONE
 THOUSAND  PERCENT OF THE FEDERAL POVERTY LEVEL AND DELIVERS HIGH-QUALITY
 CHILD CARE TO ALL NEW YORK RESIDENTS THAT FOLLOWS PRIORITIES AND PRINCI-
 S. 8006--B                         71
 
 PLES SET FORTH IN THIS ARTICLE WHERE EXPANSIONS ARE  TARGETED  TO  COVER
 HISTORICALLY  UNDERSERVED  COMMUNITIES  AND  HOUSEHOLDS  FACING  COMPLEX
 NEEDS, INCLUDING CHILDREN WITH DISABILITIES AND CHILD  WELFARE  INVOLVE-
 MENT;  WHERE REASONABLE STEPS ARE TAKEN TO GUARD AGAINST LARGE INCREASES
 IN CHILD CARE COSTS; AND WHERE THE ROLL-OUT OF UNIVERSAL CHILD  CARE  IS
 COORDINATED  WITH  THE EXPANSIONS OF UNIVERSAL PRE-KINDERGARTEN AND PRE-
 KINDERGARTEN FOR ALL PROGRAMS SO THAT SUCH PROGRAMS DO NOT  CAUSE  UNIN-
 TENTIONAL HARM TO CHILD CARE PROVIDERS;
   (b)  [advise the state in developing an implementation framework lead-
 ing to a phased-in rollout of universal child care using existing  state
 and federal resources] HOW TO ELIMINATE THE BARRIERS HOUSEHOLDS ELIGIBLE
 UNDER STATE LAW FACE OBTAINING OR UTILIZING SUBSIDIES;
   (c)  [recommend  potential  solutions,  partnerships, or other ways to
 address chronic child care workforce issues and other  concerns  identi-
 fied  in the course of the examination required by this subdivision] HOW
 TO ENSURE THE AVAILABILITY OF CHILD CARE OUTSIDE OF TRADITIONAL BUSINESS
 HOURS, AND IDENTIFICATION OF THE FUNDING THAT WOULD BE NEEDED TO  EXPAND
 FACILITIES THAT COVER SUCH NON-TRADITIONAL BUSINESS HOURS;
   (d)  [assess  the  implementation  of  policies supported by federally
 funded programs through various stimulus packages; and] WHETHER  PARENTS
 ARE VOLUNTARILY LEAVING THE WORKFORCE DUE TO LACK OF CHILD CARE, AND THE
 DEMOGRAPHIC INFORMATION OF SUCH PARENTS, IF KNOWN;
   (E)  WHETHER  EMPLOYERS HAVE IDENTIFIED LACK OF CHILD CARE AS A REASON
 FOR A SHORTAGE OF A QUALIFIED WORKFORCE;
   (F) THE IMPACT OF CHILD CARE, OR LACK THEREOF, ON ECONOMIC DEVELOPMENT
 THROUGHOUT THE STATE;
   (G) VARYING LEVELS OF QUALITY OF CHILD CARE THROUGHOUT THE STATE;
   (H) AVAILABILITY OF QUALITY CHILD CARE BY ECONOMIC DEVELOPMENT  REGION
 INCLUDING  IDENTIFICATION OF UNDERSERVED COMMUNITIES AND RECOMMENDATIONS
 MAKING AVAILABLE FREE, HIGH-QUALITY CHILD CARE IN SUCH COMMUNITIES;
   (I) WHETHER REGULATORY OR STATUTORY CHANGES  COULD  PROMOTE  FREE  AND
 UNIVERSAL ACCESS TO HIGH-QUALITY CHILD CARE AND IMPROVE HEALTH AND SAFE-
 TY STANDARDS IN CHILD CARE PROGRAMS;
   (J)  INCENTIVES  TO  INSTITUTIONS  THAT  OFFER  CHILD CARE TO INCREASE
 UNIVERSAL AND FREE CHILD CARE;
   (K) WAYS TO ADDRESS CONCERNS IDENTIFIED IN THE COURSE OF THE  EXAMINA-
 TION REQUIRED BY THIS SUBDIVISION;
   (L) THE EXISTENCE OF ILLEGAL AND UNREGULATED CHILD CARE PROVIDERS, THE
 LABOR  CONDITIONS OF EMPLOYEES AT SUCH FACILITIES, AND REGULATORY RECOM-
 MENDATIONS FOR APPROACHING SUCH PROVIDERS;
   (M) DISPARITIES IN THE QUALITY OF CHILD CARE PROVIDED TO HOUSEHOLDS OF
 DIFFERENT ECONOMIC BACKGROUNDS, AND THE FUNDING NEEDED TO PROVIDE  HIGH-
 QUALITY CHILD CARE FOR ALL;
   (N)  THE FACTORS CONTRIBUTING TO THE SUCCESS OF IMPLEMENTING UNIVERSAL
 PRE-K PROGRAMS IN THE STATE AND THE  UNINTENDED  CONSEQUENCES  IMPACTING
 CHILD  CARE  PROVIDERS, PARTICULARLY FAMILY-BASED AND HOME-BASED PROVID-
 ERS, IN THE STATE, TOGETHER WITH RECOMMENDATIONS;
   (O) HOW TO IMPLEMENT FEDERAL FUNDING  FOR  CHILD  CARE  AND  UNIVERSAL
 PRE-KINDERGARTEN  IN A WAY THAT MAXIMIZES FEDERAL APPROPRIATIONS, ALLOWS
 THE STATE TO ACHIEVE AND FUND A  MORE  EXPANSIVE  PROGRAM  THAT  IS  NOT
 RESTRICTIVE AND THAT SUCH FUNDING IS ALLOCATED IN A MANNER THAT SUPPORTS
 AND  EXPANDS  THE STATE'S CHILD CARE PROVIDERS, WITHOUT HARMING EXISTING
 PROGRAMS;
   (P) HOW TO ENSURE AN EXPEDITIOUS PHASED-IN ROLLOUT OF UNIVERSAL  CHILD
 CARE  USING  EXISTING  STATE AND FEDERAL RESOURCES, IN NO MORE THAN FOUR
 S. 8006--B                         72
 
 YEARS, WITH AN EMPHASIS ON BUILDING  OUT  NECESSARY  INFRASTRUCTURE  AND
 PROVIDING CARE FOR THOSE MOST IN NEED; AND
   (Q) anything else the taskforce deems necessary.
   4.  (a) The taskforce shall report [its interim findings and recommen-
 dations in accordance with subdivision three  of  this  section  to  the
 governor, the speaker of the assembly and the temporary president of the
 senate  no  later  than  November first, two thousand twenty-two and its
 final findings and recommendations no later than December  thirty-first,
 two  thousand  twenty-three]  A  FOUR-YEAR PLAN FOR A PHASED ROLL-OUT OF
 UNIVERSAL CHILD CARE IN THE  STATE,  AND  MAKE  ANNUAL  RECOMMENDATIONS,
 STARTING IN NOVEMBER TWO THOUSAND TWENTY-TWO AND EACH NOVEMBER THEREAFT-
 ER  THROUGH  NOVEMBER  TWO  THOUSAND TWENTY-FIVE, FOR SPECIFIC APPROPRI-
 ATIONS FOR BUDGET ALLOCATIONS THAT WOULD ALLOW FOR  FREE  AND  UNIVERSAL
 CHILD  CARE SYSTEM FOR HOUSEHOLDS WITH UP TO ONE THOUSAND PERCENT OF THE
 FEDERAL POVERTY LINE, INCLUDING,  BUT  NOT  LIMITED  TO:  (I)  ACHIEVING
 LIVING  WAGES FOR CHILD CARE WORKERS; (II) CAPITAL EXPENDITURES TO ALLOW
 FOR THE EXPANSION OF CHILD CARE INFRASTRUCTURE, ESPECIALLY INTO COMMUNI-
 TIES MOST IN NEED; AND (III) STARTUP FUNDS TO ALLOW FOR THE CREATION  OF
 NEW  CHILD  CARE  PROGRAMS  IN  CHILD CARE DESERTS. SUCH RECOMMENDATIONS
 SHALL INCLUDE RECOMMENDATIONS TO IDENTIFY ALL REASONABLE MEANS OF  MAXI-
 MIZING  THE ALLOCATION OF FEDERAL FUNDS, AS WELL AS SUPPLEMENTAL FUNDING
 FROM THE STATE THAT WOULD ALLOW FOR FREE AND UNIVERSAL CHILD CARE SYSTEM
 FOR HOUSEHOLDS WITH UP TO ONE THOUSAND PERCENT OF  THE  FEDERAL  POVERTY
 LEVEL.  THE  TASKFORCE REPORT SHALL FURTHER MAKE RECOMMENDATIONS FOR THE
 INTEGRATION OF CHILD CARE PROGRAMS INTO EXISTING PUBLIC  PROGRAMS,  SUCH
 AS  PUBLIC  SCHOOLS, PUBLIC UNIVERSITIES, AND PUBLIC HOUSING, TO DELIVER
 HIGH-QUALITY CHILD CARE TO ALL NEW YORKERS.  THE TASKFORCE SHALL  REPORT
 ITS  FINDINGS  ANNUALLY, BEGINNING ON NOVEMBER FIRST, TWO THOUSAND TWEN-
 TY-TWO THROUGH NOVEMBER FIRST, TWO THOUSAND TWENTY-FIVE.
   (b) The taskforce shall also  report  on  the  implementation  of  any
 recommendations  that  resulted  from  the initial report required to be
 produced by the task force pursuant to subdivision four of chapter  four
 hundred  ninety-three  of the laws of two thousand seventeen. Such addi-
 tional report shall be provided annually, beginning July first two thou-
 sand twenty-two.
   § 3. Section 390-b of the social services law is amended by  adding  a
 new subdivision 12 to read as follows:
   12.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CREATE AND MAIN-
 TAIN A STATEWIDE CHILD CARE BACKGROUND CHECK  AND  FINGERPRINT  REGISTRY
 FOR  THE PURPOSES OF KEEPING CURRENT AND RELIABLE INFORMATION ON PROVID-
 ERS IN THE STATE. A PROVIDER WHO HAS COMPLETED A PAST  BACKGROUND  CHECK
 AND  FINGERPRINT  SHALL  BE  PERMITTED TO USE A CURRENT BACKGROUND CHECK
 CONTAINED AND MAINTAINED IN THE REGISTRY TO OPEN A NEW OR REOPEN A CHILD
 CARE CENTER, FAMILY DAY CARE HOME, GROUP FAMILY DAY CARE HOME, OR SCHOOL
 AGED CHILD CARE PROGRAM. SUCH REGISTRY SHALL CONTAIN  AND  MAINTAIN  ALL
 RELEVANT DATA PURSUANT TO THIS SECTION TO OPEN AN ELIGIBLE AGENCY.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to section 390-k of  the  social  services  law  made  by
 section  two of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.
 
                                  PART M
 
                           Intentionally Omitted
 S. 8006--B                         73
 
                                  PART N
 
   Section  1.  Section  28  of part C of chapter 83 of the laws of 2002,
 amending the executive law and other laws relating to funding for  chil-
 dren and family services, as amended by section 1 of subpart A of part K
 of chapter 56 of the laws of 2017, is amended to read as follows:
   §  28.  This act shall take effect immediately; provided that sections
 nine through eighteen and twenty through twenty-seven of this act  shall
 be  deemed  to  have been in full force and effect on and after April 1,
 2002; provided, however, that section fifteen of this act shall apply to
 claims that are otherwise reimbursable by the state on or after April 1,
 2002 except as provided in subdivision 9 of section 153-k of the  social
 services  law  as added by section fifteen of this act; provided further
 however, that nothing in this act shall authorize the office of children
 and family services to deny state reimbursement  to  a  social  services
 district for violations of the provisions of section 153-d of the social
 services  law  for  services provided from January 1, 1994 through March
 31, 2002; provided that section nineteen of this act shall  take  effect
 September  13,  2002  and  shall  expire and be deemed repealed June 30,
 2012; and, provided further, however, that notwithstanding  any  law  to
 the  contrary, the office of children and family services shall have the
 authority to promulgate, on an emergency  basis,  any  rules  and  regu-
 lations  necessary to implement the requirements established pursuant to
 this act; provided further, however, that the regulations to  be  devel-
 oped  pursuant  to section one of this act shall not be adopted by emer-
 gency rule; and provided further that the provisions  of  sections  nine
 through  eighteen  and  twenty  through  twenty-seven  of this act shall
 expire and be deemed repealed on June 30, [2022] 2027.
   § 2. This act shall take effect immediately.

                                  PART O
 
   Section 1. Section 398-a of the social  services  law  is  amended  by
 adding a new subdivision 2-c to read as follows:
   (2-C) THOSE SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
 SAND TWENTY-TWO WERE PAYING AT LEAST ONE HUNDRED PERCENT OF THE APPLICA-
 BLE  RATES  PUBLISHED  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
 THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND  TWENTY-THREE  RATE  YEAR  FOR
 CARE PROVIDED TO FOSTER CHILDREN IN REGULAR, THERAPEUTIC, SPECIAL NEEDS,
 AND EMERGENCY FOSTER BOARDING HOMES SHALL PAY FOR THE TWO THOUSAND TWEN-
 TY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND FOR EACH SUBSEQUENT RATE
 YEAR  THEREAFTER  AT  LEAST  ONE HUNDRED PERCENT OF THE APPLICABLE RATES
 PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES  FOR  THAT  RATE
 YEAR.  THOSE  SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
 SAND TWENTY-TWO WERE PAYING LESS THAN THE APPLICABLE RATES PUBLISHED  BY
 THE  OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE TWO THOUSAND TWENTY-
 TWO--TWO THOUSAND TWENTY-THREE RATE YEAR FOR  CARE  PROVIDED  TO  FOSTER
 CHILDREN  IN  REGULAR,  THERAPEUTIC,  SPECIAL NEEDS AND EMERGENCY FOSTER
 BOARDING HOMES SHALL INCREASE THEIR RATES OF PAYMENT SO THAT:  EFFECTIVE
 JULY  FIRST, TWO THOUSAND TWENTY-TWO THE DIFFERENCE BETWEEN THE PERCENT-
 AGE OF THE APPLICABLE RATES PUBLISHED BY  THE  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES  FOR  THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
 THREE RATE YEAR AND THE RATES SUCH DISTRICTS  ARE  PAYING  IS  AT  LEAST
 ONE-HALF LESS THAN THE DIFFERENCE BETWEEN THE PERCENTAGE OF THE APPLICA-
 BLE  RATES  PUBLISHED  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
 THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND THE
 S. 8006--B                         74
 
 RATES THAT SUCH DISTRICTS WERE PAYING FOR SUCH PROGRAMS ON  JULY  FIRST,
 TWO  THOUSAND TWENTY-TWO; AND EFFECTIVE JULY FIRST, TWO THOUSAND TWENTY-
 THREE FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND  TWENTY-FOUR  RATE
 YEAR  AND  FOR  EACH  SUBSEQUENT  YEAR  THEREAFTER  ALL  SOCIAL SERVICES
 DISTRICTS SHALL PAY AT LEAST ONE HUNDRED PERCENT OF THE APPLICABLE RATES
 PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE APPLICA-
 BLE RATE YEAR.
   § 2. This act shall take effect immediately.
 
                                  PART P
 
                           Intentionally Omitted
 
                                  PART Q
 
                           Intentionally Omitted
 
                                  PART R
 
   Section 1. Subdivision 1 of section  359  of  the  executive  law,  as
 amended  by  section 42 of part AA of chapter 56 of the laws of 2019, is
 amended to read as follows:
   1. A local director shall designate the  location  of  the  local  and
 branch  offices  of the local veterans' service agency within his or her
 jurisdiction, which offices shall be open during convenient  hours.  The
 cost  of  maintenance and operation of a county veterans' service agency
 shall be a county charge and the cost of maintenance and operation of  a
 city veterans' service agency shall be a city charge, excepting that the
 state  director  with  the approval of the veterans' services commission
 shall allot and pay, from state moneys made available to him or her  for
 such  purposes,  to  each  county veterans' service agency and each city
 veterans' service agency, an amount equal to fifty  per  centum  of  its
 expenditures  for maintenance and operation approved by the state direc-
 tor, provided that in no event shall the amount allotted  and  paid  for
 such  approved expenditures incurred in any given year exceed (1) in the
 case of any county veterans' service agency in a county having  a  popu-
 lation  of not more than one hundred thousand or in the case of any city
 veterans' service agency in a city having a population of not more  than
 one hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, nor
 (2)  in  the  case  of  any  county veterans' service agency in a county
 having a population in excess of  one  hundred  thousand  excluding  the
 population  of any city therein which has a city veterans' service agen-
 cy, the sum of [ten] TWENTY-FIVE  thousand  dollars,  and,  in  addition
 thereto, the sum of five thousand dollars for each one hundred thousand,
 or  major  portion thereof, of the population of the county in excess of
 one hundred thousand excluding the population of any city therein  which
 has  a  city  veterans'  service agency, nor (3) in the case of any city
 veterans' service agency in a city having a population in excess of  one
 hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, and, in
 addition  thereto, the sum of five thousand dollars for each one hundred
 thousand, or major portion thereof, of the population  of  the  city  in
 excess  of  one  hundred thousand. Such population shall be certified in
 the same manner as provided by section fifty-four of the  state  finance
 law.
 S. 8006--B                         75
 
   §  2.  This  act  shall take effect immediately and shall apply to all
 expenditures made on and after April 1, 2022.
 
                                  PART S
 
   Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
 section 131-o of the social services law, as amended  by  section  1  of
 part  P  of  chapter  56  of  the  laws  of 2021, are amended to read as
 follows:
   (a) in the case of each individual receiving family  care,  an  amount
 equal to at least [$152.00] $161.00 for each month beginning on or after
 January first, two thousand [twenty-one] TWENTY-TWO.
   (b)  in  the  case  of  each individual receiving residential care, an
 amount equal to at least [$176.00] $186.00 for each month  beginning  on
 or after January first, two thousand [twenty-one] TWENTY-TWO.
   (c)  in  the  case  of  each individual receiving enhanced residential
 care, an amount equal to at  least  [$210.00]  $222.00  for  each  month
 beginning  on  or after January first, two thousand [twenty-one] TWENTY-
 TWO.
   (d) for the period commencing January first, two thousand [twenty-two]
 TWENTY-THREE, the monthly personal needs allowance shall  be  an  amount
 equal  to  the sum of the amounts set forth in subparagraphs one and two
 of this paragraph:
   (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
 subdivision; and
   (2)  the  amount  in subparagraph one of this paragraph, multiplied by
 the percentage of any  federal  supplemental  security  income  cost  of
 living adjustment which becomes effective on or after January first, two
 thousand  [twenty-two]  TWENTY-THREE,  but  prior to June thirtieth, two
 thousand [twenty-two] TWENTY-THREE, rounded to the nearest whole dollar.
   § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
 section  209 of the social services law, as amended by section 2 of part
 P of chapter 56 of the laws of 2021, are amended to read as follows:
   (a) On and after January first, two thousand [twenty-one]  TWENTY-TWO,
 for  an  eligible individual living alone, [$881.00] $928.00; and for an
 eligible couple living alone, [$1,295.00] $1,365.00.
   (b) On and after January first, two thousand [twenty-one]  TWENTY-TWO,
 for  an  eligible  individual living with others with or without in-kind
 income, [$817.00] $864.00; and for an eligible couple living with others
 with or without in-kind income, [$1,237.00] $1,307.00.
   (c) On and after January first, two thousand [twenty-one]  TWENTY-TWO,
 (i)  for  an  eligible  individual  receiving  family  care, [$1,060.48]
 $1,107.48 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  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  eligi-
 ble  individual  receiving  such  care in any other county in the state,
 [$1,022.48] $1,069.48; 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.
   (d)  On and after January first, two thousand [twenty-one] TWENTY-TWO,
 (i) for an eligible individual receiving residential  care,  [$1,229.00]
 $1,276.00 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
 S. 8006--B                         76
 
 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,  [$1,199.00] $1,246.00; 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-one] TWENTY-TWO,
 (i) for an eligible  individual  receiving  enhanced  residential  care,
 [$1,488.00]  $1,535.00;  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-two] TWENTY-
 THREE but prior to June thirtieth,  two  thousand  [twenty-two]  TWENTY-
 THREE.
   § 3. This act shall take effect December 31, 2022.
 
                                  PART T

   Section  1.  Section 4 of part W of chapter 54 of the laws of 2016, as
 amended by section 1 of part M of chapter 56 of the laws of 2019, amend-
 ing the social services law relating to the powers and duties    of  the
 commissioner  of social services relating to the appointment of a tempo-
 rary operator, is amended to read as follows:
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2016, provided
 further that this act shall expire and  be  deemed  repealed  March  31,
 [2022] 2025.
   § 2. This act shall take effect immediately.
 
                                  PART U
 
   Section 1. Subdivision 4 of section 158 of the social services law, as
 amended  by  section 44 of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   4. Social services officials shall determine  eligibility  for  safety
 net  assistance within [forty-five] THIRTY days of receiving an applica-
 tion for safety net assistance. Such officials shall  notify  applicants
 of  safety  net  assistance about the availability of assistance to meet
 emergency circumstances or to prevent eviction.
   § 2. Subdivision 8 of section 153  of  the  social  services  law,  as
 amended  by  chapter  41  of  the  laws  of  1992, is amended to read as
 follows:
   8. Any inconsistent provision of the law or regulation of the  depart-
 ment  notwithstanding,  state  reimbursement  shall  not be made for any
 expenditure made for the duplication of any grant and allowance for  any
 period,  except  as  authorized  by  subdivision  eleven  of section one
 hundred thirty-one of this chapter[, or for any home relief payment made
 for periods prior to forty-five days after the filing of an  application
 unless  the  district determines pursuant to department regulations that
 such assistance is required to meet emergency circumstances  or  prevent
 eviction].  Notwithstanding  any other provision of law, social services
 districts are not required to provide [home relief] SAFETY  NET  ASSIST-
 S. 8006--B                         77
 
 ANCE  to  any  person, otherwise eligible, if state reimbursement is not
 available in accordance with this subdivision.
   § 3. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 8 of
 section  131-a  of the social services law, subparagraph (ii) as amended
 by section 12 of part B of chapter 436 of the laws of 1997 and  subpara-
 graph  (iii)  as amended by chapter 246 of the laws of 2002, are amended
 to read as follows:
   (ii) FIFTY PERCENT OF THE EARNED INCOME FOR SUCH MONTH OF ANY  RECIPI-
 ENT;
   (III) from the earned income of any [child or relative applying for or
 receiving  aid  pursuant  to  such  program,  or of any other individual
 living in the same household as such relative and child whose needs  are
 taken  into  account  in  making  such  determination, the first ninety]
 APPLICANT OR RECIPIENT, ONE HUNDRED FIFTY dollars of the [total of such]
 earned income for such month THAT REMAINS AFTER APPLICATION OF  SUBPARA-
 GRAPH (II) OF THIS PARAGRAPH;
   [(iii)  forty-two  percent  of the earned income for such month of any
 recipient in a household containing  a  dependent  child  which  remains
 after   application  of  all  other  subparagraphs  of  this  paragraph;
 provided, however, that such percentage amount shall be adjusted in June
 of each year, commencing in nineteen hundred  ninety-eight,  to  reflect
 changes  in  the  most  recently issued poverty guidelines of the United
 States Bureau of the Census, such that  a  household  of  three  without
 special needs, living in a heated apartment in New York city and without
 unearned  income would become ineligible for assistance with gross earn-
 ings equal to the poverty level in such guidelines;  provided,  however,
 that no assistance shall be given to any household with gross earned and
 unearned  income, exclusive of income described in subparagraphs (i) and
 (vi) of this paragraph, in excess of such poverty level;]
   § 3-a. Paragraph (a) of subdivision 8 of section 131-a of  the  social
 services  law  is  amended  by  adding a new subparagraph (x) to read as
 follows:
   (X) ALL OF THE INCOME OF A HEAD OF HOUSEHOLD  OR  ANY  PERSON  IN  THE
 HOUSEHOLD, WHO IS RECEIVING SUCH AID OR FOR WHOM AN APPLICATION FOR SUCH
 AID  HAS  BEEN  MADE,  WHICH  IS DERIVED FROM PARTICIPATION IN A PROGRAM
 CARRIED OUT UNDER THE FEDERAL WORKFORCE INNOVATION AND  OPPORTUNITY  ACT
 (P.L.  113-128)  OR  ANY  SUCCESSOR ACT OR PUBLIC ASSISTANCE EMPLOYMENT,
 TRAINING OR SKILLS CERTIFICATION PROGRAM, PROVIDED, HOWEVER, THAT IN THE
 CASE OF EARNED INCOME SUCH DISREGARD MUST BE APPLIED FOR AT  LEAST,  BUT
 NO  LONGER  THAN,  SIX  CONSECUTIVE MONTHS FOLLOWING THE LAST DAY OF THE
 MONTH IN WHICH SUCH PERSON COMMENCES EMPLOYMENT AFTER COMPLETING A QUAL-
 IFYING JOB TRAINING OR ADULT EDUCATION PROGRAM.
   § 4. Subdivision 10 of section 131-a of the  social  services  law  is
 REPEALED.
   §  5.  Subdivision  1  of section 131-n of the social services law, as
 separately amended by chapters   323 and 329 of the  laws  of  2019,  is
 amended to read as follows:
   1.  The  following resources shall be exempt and disregarded in calcu-
 lating the amount of benefits of any household under any public  assist-
 ance program: (a) cash and liquid or nonliquid resources up to two thou-
 sand  FIVE  HUNDRED  dollars  for  applicants, [or] three thousand SEVEN
 HUNDRED FIFTY dollars FOR APPLICANTS in  [the  case  of]  households  in
 which  any  member  is sixty years of age or older OR IS DISABLED OR TEN
 THOUSAND DOLLARS FOR RECIPIENTS, (b) an amount up to four  thousand  six
 hundred fifty dollars in a separate bank account established by an indi-
 vidual  while currently in receipt of assistance for the sole purpose of
 S. 8006--B                         78
 
 enabling the individual to purchase a first or replacement  vehicle  for
 the  recipient  to  seek,  obtain or maintain employment, so long as the
 funds are not used for any other purpose, (c) an amount up to one  thou-
 sand  four  hundred dollars in a separate bank account established by an
 individual while currently in receipt of assistance for the  purpose  of
 paying  tuition  at  a  two-year  or four-year accredited post-secondary
 educational institution, so long as the funds are not used for any other
 purpose, (d) the home which is the usual residence of the household, (e)
 one automobile, up to ten thousand dollars fair  market  value,  through
 March thirty-first, two thousand seventeen; one automobile, up to eleven
 thousand  dollars  fair  market  value,  from  April first, two thousand
 seventeen through March thirty-first, two  thousand  eighteen;  and  one
 automobile,  up  to twelve thousand dollars fair market value, beginning
 April first, two thousand eighteen and thereafter, or such other  higher
 dollar  value  as the local social services district may elect to adopt,
 (f) one burial plot per household member as defined in department  regu-
 lations,  (g) bona fide funeral agreements up to a total of one thousand
 five hundred dollars in equity value per household member, (h) funds  in
 an  individual development account established in accordance with subdi-
 vision five of section three hundred fifty-eight  of  this  chapter  and
 section  four hundred three of the social security act, (i) for a period
 of six months, real property which the household is making a good  faith
 effort  to  sell, in accordance with department regulations and tangible
 personal property necessary for business or for employment  purposes  in
 accordance  with  department  regulations,  and (j) funds in a qualified
 tuition program that satisfies the requirement of  section  529  of  the
 Internal  Revenue Code of 1986, as amended, and [(j)] (K) funds in a New
 York achieving a better life experience savings account  established  in
 accordance with article eighty-four of the mental hygiene law.
   If  federal  law  or regulations require the exemption or disregard of
 additional income and resources in determining need for  family  assist-
 ance,  or medical assistance not exempted or disregarded pursuant to any
 other provision of this chapter,  the  department  may,  by  regulations
 subject  to  the  approval of the director of the budget, require social
 services officials to exempt or disregard  such  income  and  resources.
 Refunds resulting from earned income tax credits shall be disregarded in
 public assistance programs.
   §  6.  This  act shall take effect October 1, 2022; provided, however,
 that effective immediately, any percentage adjustments reflecting chang-
 es in the poverty guidelines of the United States Bureau of  the  Census
 required  in  subparagraph  (iii)  of  paragraph (a) of subdivision 8 of
 section 131-a of the social  services  law  shall  cease;  and  provided
 further  that  the  amendments  to subdivision 1 of section 131-n of the
 social services law made by section five of this act  shall  not  affect
 the expiration of such section and shall be deemed to expire therewith.
 
                                  PART V
 
                           Intentionally Omitted
 
                                  PART W
 
                           Intentionally Omitted
 
                                  PART X
 S. 8006--B                         79
 
                           Intentionally Omitted
 
                                  PART Y

                           Intentionally Omitted
 
                                  PART Z
 
   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 $14,500,000 for the fiscal
 year ending March 31, 2023.  Within this total amount, $250,000 shall be
 used for the purpose of entering into a contract with  the  neighborhood
 preservation  coalition  to provide technical assistance and services to
 companies funded pursuant to article 16 of the private  housing  finance
 law.  Notwithstanding  any  other  provision  of law, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing  any costs associated with neighborhood preservation program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $14,500,000,  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  2021-2022  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, 2022.
   §  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 $6,250,000 for the fiscal year ending March
 31,  2023.    Within  this  total amount, $250,000 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 17 of the private housing finance  law.  Notwithstanding  any
 other  provision  of  law,  and  subject to the approval of the New York
 state director of the budget, the board of directors of the state of New
 York mortgage agency shall authorize the transfer to the  housing  trust
 fund  corporation,  for the purposes of reimbursing any costs associated
 with rural preservation program contracts authorized by this section,  a
 total  sum  not  to exceed $6,250,000, such transfer to be made from (i)
 the special account of the mortgage insurance fund created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2021-2022 in accordance with  section  2429-b
 of  the  public  authorities  law, if any, and/or (ii) provided that the
 S. 8006--B                         80
 
 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, 2022.
   §  3.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes of the rural  rental  assist-
 ance  program  pursuant  to  article 17-A of the private housing finance
 law, a sum not to exceed $51,630,000 for the fiscal  year  ending  March
 31,  2023.    Notwithstanding any other provision of law, and subject to
 the approval of the New York state director of the budget, the board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing  any  costs  associated with rural rental assistance program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $51,630,000,  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  2021-2022  in accordance with section 2429-b of the public
 authorities law, if any, and/or (ii) provided that the reserves  in  the
 project  pool  insurance  account of the mortgage insurance fund created
 pursuant to section 2429-b of the public authorities law are  sufficient
 to  attain and maintain the credit rating, as determined by the state of
 New York mortgage agency, required to accomplish the  purposes  of  such
 account,  the  project  pool insurance account of the mortgage insurance
 fund, such transfer shall be made as soon as practicable  but  no  later
 than June 30, 2022.
   § 4. This act shall take effect immediately.
 
                                  PART AA
 
                           Intentionally Omitted
 
                                  PART BB
 
                           Intentionally Omitted
 
                                  PART CC
 
                           Intentionally Omitted
 
                                  PART DD
 
                           Intentionally Omitted
 
                                  PART EE

                           Intentionally Omitted
 S. 8006--B                         81
 
                                  PART FF
 
                           Intentionally Omitted
 
                                  PART GG
 
   Section  1.  Legislative  findings  and intent. The legislature hereby
 finds that as New York's immigrant population continues to grow, inabil-
 ity to access documents translated into languages that community members
 read and lack of interpretation of  government  services  and  resources
 into  languages  that  community members speak are major barriers to the
 advancement of the state's immigrant population. However, currently  New
 York  only requires translation services into six languages, based on an
 Executive Order signed in 2011, leaving many New Yorkers without  access
 to  translation  in  languages  they  speak, and none of the current six
 languages are widely spoken among immigrants from the African  continent
 or  the  Middle East. Translation is also only mandatory in a handful of
 executive specific agencies, instead of across all subdivisions of state
 and county government. The legislature believes language access improves
 the lives of immigrants  by  increasing  opportunities  for  employment,
 business ownership, and other vital services, while making staff time at
 state  agencies  and  authorities  more efficient, benefiting all of New
 York.
   § 2. The executive law is amended by adding a new article 49-C to read
 as follows:
                               ARTICLE 49-C
                              LANGUAGE ACCESS
 SECTION 996. LANGUAGE ACCESS.
   § 996. LANGUAGE ACCESS. 1. EACH  STATE  AGENCY  THAT  PROVIDES  DIRECT
 PUBLIC  SERVICES  SHALL  TRANSLATE  VITAL DOCUMENTS, INCLUDING ESSENTIAL
 PUBLIC DOCUMENTS SUCH AS FORMS AND INSTRUCTIONS PROVIDED TO OR COMPLETED
 BY PROGRAM BENEFICIARIES OR  PARTICIPANTS.  SUCH  TRANSLATION  SHALL  BE
 AVAILABLE  IN  THE  TWELVE  MOST  COMMON NON-ENGLISH LANGUAGES SPOKEN BY
 LIMITED ENGLISH PROFICIENT IMMIGRANTS OF FIVE YEARS OR LESS ACCORDING TO
 THE AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES  CENSUS
 BUREAU.
   2.  EACH  SUCH AGENCY SHALL ADDITIONALLY MAKE SUCH TRANSLATIONS AVAIL-
 ABLE WITHIN EACH REGION OF THE STATE, AS ESTABLISHED BY  ARTICLE  ELEVEN
 OF  THE  ECONOMIC  DEVELOPMENT LAW, IN THE THREE MOST COMMON NON-ENGLISH
 LANGUAGES WHICH ARE SPOKEN IN THAT REGION BY LIMITED ENGLISH  PROFICIENT
 IMMIGRANTS  OF  FIVE  YEARS OR LESS, ACCORDING TO THE AMERICAN COMMUNITY
 SURVEY, AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU, WHICH  ARE  NOT
 ALREADY INCLUDED AMONG THE TWELVE LANGUAGES SPECIFIED IN SUBDIVISION ONE
 OF THIS SECTION.
   3. THE LIST OF MOST COMMON LANGUAGES SHALL BE UPDATED EVERY TWO YEARS,
 BASED ON THE MOST RECENT AMERICAN COMMUNITY SURVEY DATA, AS PUBLISHED BY
 THE UNITED STATES CENSUS BUREAU.
   4. EACH AGENCY SHALL PROVIDE INTERPRETATION SERVICES BETWEEN THE AGEN-
 CY  AND  AN  INDIVIDUAL  IN  THEIR  PRIMARY LANGUAGE WITH RESPECT TO THE
 PROVISION OF SERVICES OR BENEFITS.
   5. WITHIN NINETY DAYS OF THE EFFECTIVE  DATE  OF  THIS  SECTION,  EACH
 AGENCY  SHALL PUBLICLY PUBLISH A LANGUAGE ACCESS PLAN WHICH REFLECTS HOW
 THE AGENCY WILL COMPLY WITH THE LANGUAGE  ACCESS  REQUIREMENTS  OF  THIS
 SECTION, AND SHALL SET FORTH, AT A MINIMUM:
 S. 8006--B                         82
 
   (A)  WHEN  AND  BY  WHAT  MEANS  THE AGENCY WILL PROVIDE OR IS ALREADY
 PROVIDING LANGUAGE ACCESS SERVICES;
   (B) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   (C)  THE  NUMBER  OF  PUBLIC  CONTACT  POSITIONS IN THE AGENCY AND THE
 NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS INCLUDING  THE
 LANGUAGES THEY SPEAK;
   (D) A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT A MINIMUM,
 ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AGENCY AND HOW TO
 PROVIDE LANGUAGE ASSISTANCE SERVICES;
   (E)  A  PLAN  OF  HOW  THE  AGENCY INTENDS TO NOTIFY THE POPULATION OF
 OFFERED LANGUAGE ASSISTANCE SERVICES; AND
   (F) A LANGUAGE ACCESS COORDINATOR AT THE AGENCY, WHO SHALL BE PUBLICLY
 IDENTIFIED.
   § 3. Article 9 of the public authorities law is amended  by  adding  a
 new title 13 to read as follows:
                                 TITLE 13
                              LANGUAGE ACCESS
 SECTION 2988. LANGUAGE ACCESS.
   §  2988. LANGUAGE ACCESS. 1. EACH STATE AUTHORITY THAT PROVIDES DIRECT
 PUBLIC SERVICES SHALL TRANSLATE  VITAL  DOCUMENTS,  INCLUDING  ESSENTIAL
 PUBLIC DOCUMENTS SUCH AS FORMS AND INSTRUCTIONS PROVIDED TO OR COMPLETED
 BY  PROGRAM  BENEFICIARIES  OR  PARTICIPANTS.  THE  TRANSLATION SHALL BE
 AVAILABLE IN THE TWELVE MOST  COMMON  NON-ENGLISH  LANGUAGES  SPOKEN  BY
 INDIVIDUALS  WITH  LIMITED  ENGLISH  PROFICIENCY IN THE STATE WITHIN THE
 PAST FIVE YEARS, BASED ON THE AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY
 THE UNITED STATES CENSUS BUREAU, AND RELEVANT  TO  SERVICES  OFFERED  BY
 SUCH AGENCY.
   2.  EACH  SUCH AUTHORITY SHALL MAKE SUCH TRANSLATIONS AVAILABLE WITHIN
 EACH REGION OF THE STATE,  AS  ESTABLISHED  BY  ARTICLE  ELEVEN  OF  THE
 ECONOMIC DEVELOPMENT LAW, IN THE THREE MOST COMMON NON-ENGLISH LANGUAGES
 WHICH ARE SPOKEN IN THAT REGION BY LIMITED ENGLISH PROFICIENT IMMIGRANTS
 OF  FIVE  YEARS  OR LESS, ACCORDING TO THE AMERICAN COMMUNITY SURVEY, AS
 PUBLISHED BY THE UNITED STATES CENSUS  BUREAU,  WHICH  ARE  NOT  ALREADY
 INCLUDED AMONG THE TWELVE LANGUAGES SPECIFIED IN SUBDIVISION ONE OF THIS
 SECTION.
   3.  THE  LIST  OF  MOST COMMON LANGUAGES SHALL BE UPDATED NO LESS THAN
 EVERY TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION,  BASED  ON  THE
 MOST RECENT AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES
 CENSUS BUREAU.
   4.  EACH  SUCH AUTHORITY SHALL PROVIDE INTERPRETATION SERVICES BETWEEN
 THE AGENCY AND AN INDIVIDUAL IN HIS OR HER PRIMARY LANGUAGE WITH RESPECT
 TO THE PROVISION OF SERVICES OR BENEFITS.
   5. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EACH SUCH
 AUTHORITY SHALL PUBLISH A LANGUAGE ACCESS PLAN WHICH  REFLECTS  HOW  THE
 AGENCY  WILL  COMPLY  WITH  THE LANGUAGE ACCESS REQUIREMENTS PURSUANT TO
 THIS SECTION, AND SHALL SET FORTH, AT A MINIMUM:
   A. WHEN AND BY WHAT MEANS THE AUTHORITY WILL  PROVIDE  OR  IS  ALREADY
 PROVIDING LANGUAGE ACCESS SERVICES;
   B.  THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   C. THE NUMBER OF PUBLIC CONTACT POSITIONS IN  THE  AUTHORITY  AND  THE
 NUMBER  OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS INCLUDING THE
 LANGUAGES THEY SPEAK;
 S. 8006--B                         83

   D. A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT A  MINIMUM,
 ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AUTHORITY AND HOW
 TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
   E.  A  PLAN  OF  HOW  THE  AGENCY  INTENDS TO NOTIFY THE POPULATION OF
 OFFERED LANGUAGE ASSISTANCE SERVICES; AND
   F. A LANGUAGE ACCESS  COORDINATOR  AT  THE  AUTHORITY,  WHO  SHALL  BE
 PUBLICLY IDENTIFIED.
   § 4. The county law is amended by adding a new article 24-A to read as
 follows:
                               ARTICLE 24-A
                              LANGUAGE ACCESS
 SECTION 950. LANGUAGE ACCESS.
   §  950.  LANGUAGE  ACCESS.  1. EVERY POLITICAL ENTITY OF A COUNTY THAT
 PROVIDES DIRECT PUBLIC SERVICES SHALL TRANSLATE VITAL DOCUMENTS, INCLUD-
 ING ESSENTIAL PUBLIC DOCUMENTS SUCH AS FORMS AND  INSTRUCTIONS  PROVIDED
 TO  OR  COMPLETED  BY  PROGRAM BENEFICIARIES OR PARTICIPANTS. THE TRANS-
 LATION  SHALL  BE  AVAILABLE  IN  THE  TWELVE  MOST  COMMON  NON-ENGLISH
 LANGUAGES  SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY IN THE
 STATE WITHIN THE PAST  FIVE  YEARS,  BASED  ON  THE  AMERICAN  COMMUNITY
 SURVEY, AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU, AND RELEVANT TO
 SERVICES OFFERED BY EACH OF SUCH AGENCIES.
   2. EACH SUCH POLITICAL ENTITY OF A COUNTY SHALL MAKE SUCH TRANSLATIONS
 AVAILABLE  WITHIN  EACH  REGION  OF THE STATE, AS ESTABLISHED BY ARTICLE
 ELEVEN OF THE ECONOMIC DEVELOPMENT LAW, IN THE THREE  MOST  COMMON  NON-
 ENGLISH  LANGUAGES  WHICH  ARE  SPOKEN IN THAT REGION BY LIMITED ENGLISH
 PROFICIENT IMMIGRANTS OF FIVE YEARS OR LESS, ACCORDING TO  THE  AMERICAN
 COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU, WHICH
 ARE  NOT ALREADY INCLUDED AMONG THE TWELVE LANGUAGES SPECIFIED IN SUBDI-
 VISION ONE OF THIS SECTION.
   3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 A  COUNTY MAY ADD ADDITIONAL LANGUAGES AS NECESSARY TO ACCOMMODATE LOCAL
 VARIANCES FROM STATEWIDE LANGUAGES, PROVIDED SUCH  LANGUAGES  ARE  ADDED
 AFTER PUBLIC NOTICE AND OPPORTUNITY TO COMMENT.
   4.  THE  LIST  OF  MOST COMMON LANGUAGES SHALL BE UPDATED NO LESS THAN
 EVERY TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION,  BASED  ON  THE
 MOST RECENT AMERICAN COMMUNITY SURVEY, AS PUBLISHED BY THE UNITED STATES
 CENSUS  BUREAU, AND ANY ADDITIONAL LANGUAGES SUCH COUNTY SHALL CHOOSE TO
 SELECT.
   5. EACH SUCH POLITICAL ENTITY OF A COUNTY SHALL PROVIDE INTERPRETATION
 SERVICES BETWEEN THE ENTITY AND AN INDIVIDUAL  IN  HIS  OR  HER  PRIMARY
 LANGUAGE WITH RESPECT TO THE PROVISION OF SERVICES OR BENEFITS.
   6. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, EACH SUCH
 POLITICAL  ENTITY OF A COUNTY SHALL PUBLISH A LANGUAGE ACCESS PLAN WHICH
 REFLECTS HOW THE POLITICAL ENTITY WILL COMPLY WITH THE  LANGUAGE  ACCESS
 REQUIREMENTS  PURSUANT  TO THIS SECTION, AND SHALL SET FORTH, AT A MINI-
 MUM:
   (A) WHEN AND BY WHAT MEANS THE POLITICAL ENTITY SHALL  PROVIDE  OR  IS
 ALREADY PROVIDING LANGUAGE ACCESS SERVICES;
   (B) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
 INTO WHICH THEY HAVE BEEN TRANSLATED;
   (C) THE NUMBER OF PUBLIC CONTACT POSITIONS IN THE POLITICAL ENTITY AND
 THE  NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS INCLUDING
 THE LANGUAGES THEY SPEAK;
   (D) A TRAINING PLAN FOR AGENCY EMPLOYEES, WHICH INCLUDES, AT  A  MINI-
 MUM,  ANNUAL  TRAINING  ON THE LANGUAGE ACCESS POLICIES OF THE POLITICAL
 ENTITY AND HOW TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
 S. 8006--B                         84

   (E) A PLAN OF HOW THE POLITICAL ENTITY INTENDS  TO  NOTIFY  THE  POPU-
 LATION OF OFFERED LANGUAGE ASSISTANCE SERVICES; AND
   (F)  A  LANGUAGE ACCESS COORDINATOR AT THE POLITICAL ENTITY, WHO SHALL
 BE PUBLICLY IDENTIFIED.
   § 5. This act shall take effect immediately.
 
                                  PART HH
 
   Section 1. Section 211 of the retirement and social  security  law  is
 amended by adding a new subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION,  SECTIONS TWO
 HUNDRED TWELVE AND FOUR HUNDRED ONE OF THIS  CHAPTER  AND  SECTION  FIVE
 HUNDRED  THREE OF THE EDUCATION LAW AND ANY OTHER LAW, REGULATION, RULE,
 LOCAL LAW, OR CHARTER TO THE CONTRARY, A RETIRED PERSON MAY BE  EMPLOYED
 AND  EARN  COMPENSATION  IN  A POSITION OR POSITIONS IN THE SERVICE OF A
 SCHOOL DISTRICT OR A BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  IN  THE
 STATE  WITHOUT  ANY  EFFECT  ON HIS OR HER STATUS AS RETIRED AND WITHOUT
 SUSPENSION OR DIMINUTION OF HIS OR HER RETIREMENT ALLOWANCE AND  WITHOUT
 PRIOR  APPROVAL  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION. EARNINGS
 RECEIVED AS A RESULT OF EMPLOYMENT IN A SCHOOL DISTRICT OR  A  BOARD  OF
 COOPERATIVE  EDUCATIONAL SERVICES IN THE STATE SHALL NOT BE APPLIED TO A
 RETIRED PERSON'S EARNINGS  WHEN  CALCULATING  THE  EARNINGS  LIMITATIONS
 IMPOSED  BY  SUBDIVISIONS  ONE  AND TWO OF SECTION TWO HUNDRED TWELVE OF
 THIS ARTICLE.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed June 30, 2024.
 
                                  PART II
 
                           Intentionally Omitted
 
                                  PART JJ
 
   Section  1.  Section 581-a of the labor law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE HUNDRED EIGHT-
 Y-ONE OF THIS TITLE TO THE CONTRARY AND NOTWITHSTANDING THE ACTUAL  SIZE
 OF  THE FUND INDEX, THE RATE OF CONTRIBUTION FOR A QUALIFIED EMPLOYER IN
 THE TWO THOUSAND TWENTY-TWO FISCAL YEAR SHALL BE THE PERCENTAGE SHOWN IN
 THE COLUMN HEADED BY THE SIZE OF THE FUND  INDEX  AT  TWO  AND  ONE-HALF
 PERCENT BUT LESS THAN THREE PERCENT AND ON THE SAME LINE WITH HIS OR HER
 NEGATIVE  OR POSITIVE EMPLOYER'S ACCOUNT PERCENTAGE PURSUANT TO SUBDIVI-
 SION TWO OF SECTION FIVE HUNDRED EIGHTY-ONE OF THIS TITLE, UNLESS  USING
 THE  ACTUAL  SIZE  OF  THE  FUND  INDEX  WOULD RESULT IN A LOWER RATE OF
 CONTRIBUTION FOR AN EMPLOYER, IN  WHICH  CASE  SUCH  EMPLOYER  SHALL  BE
 LIABLE FOR SUCH LOWER RATE OF CONTRIBUTION.
   (B)  NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE HUNDRED EIGHTY-ONE
 OF THIS TITLE TO THE CONTRARY AND NOTWITHSTANDING THE ACTUAL SIZE OF THE
 FUND INDEX, THE RATE OF CONTRIBUTION FOR A QUALIFIED EMPLOYER IN THE TWO
 THOUSAND TWENTY-THREE FISCAL YEAR SHALL BE THE PERCENTAGE SHOWN  IN  THE
 COLUMN HEADED BY THE SIZE OF THE FUND INDEX AT TWO PERCENT BUT LESS THAN
 TWO  AND  ONE-HALF PERCENT AND ON THE SAME LINE WITH HIS OR HER NEGATIVE
 OR POSITIVE EMPLOYER'S ACCOUNT PERCENTAGE PURSUANT TO SUBDIVISION TWO OF
 SECTION FIVE HUNDRED EIGHTY-ONE OF THIS TITLE, UNLESS USING  THE  ACTUAL
 SIZE  OF THE FUND INDEX WOULD RESULT IN A LOWER RATE OF CONTRIBUTION FOR
 S. 8006--B                         85
 
 AN EMPLOYER, IN WHICH CASE SUCH EMPLOYER SHALL BE LIABLE FOR SUCH  LOWER
 RATE OF CONTRIBUTION.
   §  2.  Subdivision  5  of  section  590 of the labor law is amended by
 adding a new paragraph (b-1) to read as follows:
   (B-1) NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION,  THE  MAXIMUM
 BENEFIT  SHALL  BE  FORTY  PERCENT OF THE AVERAGE WEEKLY WAGE, UNTIL THE
 FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-TWO, WHEN THE MAXIMUM BENE-
 FIT AMOUNT SHALL BE FORTY-TWO PERCENT OF THE AVERAGE WEEKLY WAGE.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  two of this act shall take effect on the thirtieth day after it
 shall have become a law and shall apply to new claims filed on or  after
 such  date. Effective immediately, the addition, amendment and/or repeal
 of any rule or regulation necessary for the implementation of  this  act
 on  its  effective  date  are  authorized to be made and completed on or
 before such effective date.
 
                                  PART KK
 
   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-TWO--TWO THOUSAND TWENTY-
 THREE 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-TWO--TWO THOUSAND TWENTY-THREE 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-THREE--TWO  THOUSAND  TWENTY-FOUR
 ACADEMIC  YEAR  FIFTY PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE
 EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE;
   (III)  IN  THE  TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE
 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-FIVE--TWO  THOUSAND  TWENTY-
 SIX  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 22 to read as follows:
   22. BEGINNING IN THE TWO  THOUSAND  TWENTY-TWO--TWO  THOUSAND  TWENTY-
 THREE  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
 SERVING 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-TWO--TWO THOUSAND TWENTY-THREE  ACADEMIC
 YEAR  SEVENTY-FIVE  PERCENT  OF  ALL MANDATORY UNIVERSITY FEES, WITH THE
 EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE;
 S. 8006--B                         86

   B. IN THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR 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-FOUR--TWO THOUSAND TWENTY-FIVE 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-FIVE--TWO THOUSAND TWENTY-SIX
 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 LL

   Section 1.  Subdivision 8-a of section 355 of the  education  law,  as
 amended  by  section  8  of part Q of chapter 56 of the laws of 2013, is
 amended to read as follows:
   8-a. All monies received by state university  health  care  facilities
 from  fees,  charges, and reimbursement and from all other sources shall
 be credited to a state university health care account in a  fund  to  be
 designated  by  the  state comptroller. Notwithstanding the provision of
 any law, rule or regulation to the contrary, a portion  of  such  monies
 credited  may  be transferred to a state university account as requested
 by the state university chancellor or his or  her  designee.  Monies  to
 establish  reserves  for  long-term  expenses of state university health
 care facilities and to fulfill obligations required for any contract for
 health care services authorized pursuant to subdivision sixteen of  this
 section  may  be  designated  by  the  state university as a reserve and
 transferred to a separate contractual reserve account.  The  amounts  in
 such  accounts shall be available for use in accordance with paragraph b
 of subdivision four and subdivision eight of this section. Monies  shall
 only  be  expended from the state university health care account and the
 contractual reserve account pursuant to  appropriation.  Notwithstanding
 any provision of this chapter, the state finance law or any other law to
 the  contrary, such appropriations shall remain in full force and effect
 for two years from the effective date of the  appropriation  act  making
 the  appropriation.  Monies  so transferred may be returned to the state
 university health care account; provided, however, that  funds  in  such
 contractual  reserve  account must be sufficient to meet the obligations
 of all such contracts. NOTWITHSTANDING ANY OTHER  LAW,  RULE,  OR  REGU-
 LATION  TO  THE  CONTRARY, NO STATE AGENCY OR STATE OFFICIAL OR EMPLOYEE
 ACTING IN THEIR OFFICIAL CAPACITY,  MAY  TRANSFER,  LOAN,  OR  OTHERWISE
 APPROPRIATE  ANY  INCOME OR FUNDS IMPACTING, INVOLVING, GENERATED BY, OR
 APPROPRIATED FOR ANY COMPONENT OF THE  STATE  UNIVERSITY,  OR  COMMUNITY
 COLLEGES  AS  DEFINED BY SECTION SIXTY-THREE HUNDRED ONE OF THIS CHAPTER
 OPERATING UNDER THE PROGRAM OF  THE  STATE  UNIVERSITY,  INCLUDING  SUCH
 INCOME  OR FUNDS IMPACTING, INVOLVING, GENERATED BY, OR APPROPRIATED FOR
 A STATE UNIVERSITY HEALTH CARE FACILITY, TO  THE  GENERAL  FUND  OR  ANY
 OTHER FUND OR ACCOUNT HELD WITHIN THE AUSPICES OF THE COMPTROLLER OF THE
 STATE  OF  NEW  YORK, FOR PREPAYMENT, REPAYMENT, OR OTHERWISE RECOMPENSE
 FOR DEBT SERVICE COSTS RELATED TO A STATE UNIVERSITY HEALTH CARE FACILI-
 TY. THE PROVISIONS OF THIS SUBDIVISION SHALL SUPERSEDE ANY OTHER  GENER-
 AL,  SPECIAL OR LOCAL LAW INCONSISTENT THEREWITH NOTWITHSTANDING, UNLESS
 THIS SECTION IS EXPRESSLY AND SPECIFICALLY REFERRED  TO  IN  SUCH  OTHER
 GENERAL, SPECIAL OR LOCAL LAW.
   § 2. This act shall take effect immediately.
 S. 8006--B                         87
 
                                  PART MM
 
   Section  1.  Subparagraph  (ii)  of  paragraph  a  of subdivision 3 of
 section 667 of the education law, as amended by section 1 of part  B  of
 chapter 60 of the laws of 2000, is amended to read as follows:
   (ii)  Except for students as noted in subparagraph (iii) of this para-
 graph, the base amount as determined from subparagraph (i) of this para-
 graph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (A) Less than seven thousand        None
     dollars
 (B) Seven thousand dollars or       Seven per centum of excess
     more, but less than eleven      over seven thousand dollars
     thousand dollars
 (C) Eleven thousand dollars or      Two hundred eighty dollars
     more, but less than eighteen    plus ten per centum of excess
     thousand dollars                over eleven thousand dollars
 (D) Eighteen thousand dollars or    Nine hundred eighty dollars
     more, but not more than [eighty]plus twelve per centum of
     ONE HUNDRED TEN                 excess over eighteen
     thousand dollars                 thousand dollars
   § 2. Subparagraph (vi) of paragraph a of subdivision 3 of section  667
 of the education law, as amended by section 1 of part B of chapter 60 of
 the laws of 2000, is amended to read as follows:
   (vi)  For  the  two thousand two--two thousand three academic year and
 thereafter, the award shall be the net amount of the base amount  deter-
 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
 subparagraph  (ii) or (iii) of this paragraph but the award shall not be
 reduced below [five hundred] ONE THOUSAND dollars.
   § 3. This act shall take effect June 1, 2022.
 
                                  PART NN

   Section 1. The public housing law is amended by adding a  new  article
 15 to read as follows:
                                ARTICLE 15
                      HOUSING ACCESS VOUCHER PROGRAM
 SECTION 620. LEGISLATIVE FINDINGS.
         621. DEFINITIONS.
         622. HOUSING ACCESS VOUCHER PROGRAM.
         623. ELIGIBILITY.
         624. FUNDING ALLOCATION AND DISTRIBUTION.
         625. PAYMENT OF HOUSING VOUCHERS.
         626. LEASES AND TENANCY.
         627. RENTAL OBLIGATION.
         628. MONTHLY ASSISTANCE PAYMENT.
         629. INSPECTION OF UNITS.
         630. RENT.
         631. VACATED UNITS.
         632. LEASING  OF  UNITS  OWNED BY A HOUSING ACCESS VOUCHER LOCAL
                ADMINISTRATOR.
         633. VERIFICATION OF INCOME.
         634. DIVISION OF AN ASSISTED FAMILY.
 S. 8006--B                         88
 
         635. MAINTENANCE OF EFFORT.
         636. VOUCHERS STATEWIDE.
         637. APPLICABLE CODES.
         638. HOUSING CHOICE.
   § 620. 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.
   § 621. 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  42 U.S.C. § 11302(A); HAVING EXPERIENCED A LONG-TERM PERIOD WITH-
 OUT LIVING INDEPENDENTLY IN  PERMANENT  HOUSING  OR  HAVING  EXPERIENCED
 PERSISTENT  INSTABILITY  AS MEASURED BY FREQUENT MOVES AND BEING REASON-
 ABLY 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  A  COURT
 ORDER  TO  VACATE  THE  PREMISES  DUE TO HAZARDOUS CONDITIONS, WHICH MAY
 INCLUDE BUT NOT BE LIMITED TO ASBESTOS, LEAD EXPOSURE, MOLD, AND  RADON;
 HAVING  A PRIMARY NIGHTTIME RESIDENCE THAT IS A ROOM IN A 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  HOME-
 LESSNESS  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-THREATENING
 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  SUFFICIENT  TO
 ESTABLISH ELIGIBILITY.
 S. 8006--B                         89
 
   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. "SECTION 8 LOCAL ADMINISTRATOR" MEANS AN ORGANIZATION THAT ADMINIS-
 TERS  THE  SECTION 8 HOUSING CHOICE VOUCHERS PROGRAM WITHIN A COMMUNITY,
 COUNTY OR REGION, OR STATEWIDE, ON BEHALF OF AND UNDER CONTRACT WITH THE
 HOUSING TRUST FUND CORPORATION.
   5. "HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING
 AGENCY, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION,  OR  SECTION  8
 LOCAL  ADMINISTRATOR DESIGNATED TO ADMINISTER THE HOUSING ACCESS VOUCHER
 PROGRAM WITHIN A COMMUNITY, COUNTY OR REGION, OR STATEWIDE, ON BEHALF OF
 AND UNDER CONTRACT WITH THE HOUSING TRUST FUND CORPORATION.
   6. "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 ANY REMAINING
 MEMBERS OF A TENANT FAMILY. THE COMMISSIONER SHALL HAVE  THE  DISCRETION
 TO DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
   7. "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.
   8. "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.
   9. "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.
   10. "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;
   (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-
 LY  (INCLUDING THE MEMBER OF THE FAMILY WHO IS A PERSON WITH A DISABILI-
 TY) TO BE EMPLOYED, THAT IS GREATER THAN THREE  PERCENT  OF  THE  ANNUAL
 INCOME; AND
   (E) EXPENSES RELATED TO CHILD SUPPORT PAYMENTS DUE AND OWING.
 S. 8006--B                         90
 
   11.  "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.
   12. "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.
   13. "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.
   14. "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 HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR.
   15. "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.
   16. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
   17. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL-
 DREN UNDER THE AGE OF THIRTEEN.
   18. "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.
   19. "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:
   (A) SELF-CARE;
   (B) RECEPTIVE AND EXPRESSIVE LANGUAGE;
 S. 8006--B                         91
 
   (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.
   § 622. 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  HOUSING  ACCESS VOUCHER LOCAL
 ADMINISTRATORS IN THE STATE TO MAKE VOUCHERS AVAILABLE TO SUCH  INDIVID-
 UALS  AND  FAMILIES  AND  TO  ADMINISTER OTHER ASPECTS OF THE PROGRAM IN
 ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. IN THE CITY OF NEW YORK,
 THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL  BE  THE  NEW  YORK
 CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, OR THE NEW YORK
 CITY HOUSING AUTHORITY, OR BOTH.
   § 623. ELIGIBILITY.  THE  COMMISSIONER  SHALL PROMULGATE STANDARDS FOR
 DETERMINING ELIGIBILITY FOR ASSISTANCE UNDER THIS  PROGRAM.  INDIVIDUALS
 AND  FAMILIES  WHO  MEET  THE  STANDARDS SHALL BE ELIGIBLE REGARDLESS OF
 IMMIGRATION STATUS. ELIGIBILITY SHALL  BE  LIMITED  TO  INDIVIDUALS  AND
 FAMILIES  WHO  ARE  HOMELESS OR FACING IMMINENT LOSS OF HOUSING. HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATORS MAY RELY ON  CORRESPONDENCE  FROM  A
 HOMELESS  SHELTER OR SIMILAR INSTITUTION OR PROGRAM TO DETERMINE WHETHER
 AN APPLICANT QUALIFIES AS A HOMELESS INDIVIDUAL OR FAMILY.
   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, AS DEFINED BY THE
 FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
   2. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE PURSUANT TO
 THIS PROGRAM SHALL BE NO LONGER FINANCIALLY ELIGIBLE FOR SUCH ASSISTANCE
 UNDER THIS PROGRAM WHEN THIRTY PERCENT OF THE INDIVIDUAL'S  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, SUBJECT TO APPROPRIATION OF  FUNDS  FOR
 THIS PURPOSE.
   4.  INCOME  ELIGIBILITY  SHALL  BE  VERIFIED PRIOR TO A PUBLIC HOUSING
 AGENCY'S INITIAL DETERMINATION TO PROVIDE  RENTAL  ASSISTANCE  FOR  THIS
 PROGRAM  AND  UPON  DETERMINATION  OF SUCH ELIGIBILITY, AN INDIVIDUAL OR
 FAMILY SHALL ANNUALLY CERTIFY THEIR INCOME FOR THE PURPOSE OF  DETERMIN-
 ING CONTINUED ELIGIBILITY AND ANY ADJUSTMENTS TO SUCH RENTAL ASSISTANCE.
   5.  THE    COMMISSIONER SHALL COLLABORATE WITH THE OFFICE OF TEMPORARY
 AND DISABILITY ASSISTANCE AND OTHER STATE AND  CITY  AGENCIES  TO  ALLOW
 PUBLIC  HOUSING AGENCIES TO ACCESS INCOME INFORMATION FOR THE PURPOSE OF
 VERIFYING AN INDIVIDUAL'S OR FAMILY'S INCOME.
 S. 8006--B                         92
 
   § 624. 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  BASED  ON  DATA  PUBLISHED  BY  THE
 UNITED STATES CENSUS BUREAU.
   2.  THE  COMMISSIONER  SHALL BE RESPONSIBLE FOR DISTRIBUTING THE FUNDS
 ALLOCATED IN EACH COUNTY OR THE CITY OF NEW YORK  AMONG  HOUSING  ACCESS
 VOUCHER  LOCAL ADMINISTRATORS 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. IF A COUNTY IS UNABLE TO FULLY DISTRIBUTE ALL FUNDS  ALLO-
 CATED PURSUANT TO THIS PROGRAM UNDER THIS SECTION, SUCH COUNTY MAY SPEND
 FEWER  THAN  FIFTY  PERCENT  OF  ITS  FUNDS  FOR THOSE WHO ARE HOMELESS,
 PROVIDED THAT ALL ELIGIBLE APPLICANT INDIVIDUALS  OR  FAMILIES  WHO  ARE
 HOMELESS HAVE BEEN SERVED.
   4. AT LEAST EIGHTY-FIVE 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 THIRTY PERCENT OF
 THE AREA MEDIAN INCOME AS DEFINED BY THE FEDERAL DEPARTMENT  OF  HOUSING
 AND URBAN DEVELOPMENT.
   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.
   § 625. 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 HOUSING
 ACCESS   VOUCHER  LOCAL  ADMINISTRATOR.  A  HOUSING  ASSISTANCE  PAYMENT
 CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL ESTABLISH THE MAXI-
 MUM 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 MAXI-
 MUM  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.
   § 626. LEASES AND TENANCY. EACH HOUSING  ASSISTANCE  PAYMENT  CONTRACT
 ENTERED  INTO  BY  A  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR 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 HOUSING ACCESS VOUCHER  LOCAL
 ADMINISTRATOR  MAY  APPROVE  A SHORTER TERM FOR AN INITIAL LEASE BETWEEN
 THE TENANT AND THE DWELLING UNIT OWNER IF  THE  HOUSING  ACCESS  VOUCHER
 LOCAL  ADMINISTRATOR  DETERMINES  THAT  SUCH  SHORTER TERM WOULD IMPROVE
 HOUSING OPPORTUNITIES FOR THE TENANT AND IF SUCH SHORTER TERM IS CONSID-
 ERED TO BE A PREVAILING LOCAL MARKET PRACTICE;
   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
 S. 8006--B                         93

   (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
 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 TWENTY-ONE OF THIS ARTICLE.
   § 627. RENTAL OBLIGATION. 1. THE  MONTHLY  RENTAL  OBLIGATION  FOR  AN
 INDIVIDUAL  OR FAMILY RECEIVING HOUSING ASSISTANCE PURSUANT TO THE HOUS-
 ING ACCESS VOUCHER PROGRAM 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 THREE OF SECTION SIX  HUNDRED  TWENTY-
 EIGHT  OF  THIS  ARTICLE,  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 SUBDIVI-
 SION ONE OF THIS SECTION.
   § 628. 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 TWENTY-SEVEN OF THIS
 ARTICLE. REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUAL-
 LY.
   2.  THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT
 SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE  USE  OF
 S. 8006--B                         94
 
 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 TWENTY-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.
   § 629. INSPECTION OF UNITS. 1. INITIAL INSPECTION.
   (A) FOR EACH DWELLING UNIT FOR  WHICH  A  HOUSING  ASSISTANCE  PAYMENT
 CONTRACT  IS  ESTABLISHED UNDER THIS ARTICLE, THE HOUSING ACCESS VOUCHER
 LOCAL ADMINISTRATOR (OR OTHER ENTITY PURSUANT  TO  SECTION  SIX  HUNDRED
 THIRTY-TWO OF THIS ARTICLE) SHALL INSPECT THE UNIT BEFORE ANY ASSISTANCE
 PAYMENT IS MADE TO DETERMINE 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.
   (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 AT THE DISCRETION OF A HOUSING ACCESS  VOUCHER
 LOCAL  ADMINISTRATOR  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  HOUSING  ACCESS  VOUCHER  LOCAL  ADMINISTRATOR  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 HOUSING  ACCESS  VOUCHER  LOCAL
 ADMINISTRATOR  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  HOUSING  ACCESS  VOUCHER  LOCAL ADMINISTRATOR 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 COMPLI-
 ANCE 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 THE  HOUSING  ACCESS
 VOUCHER LOCAL ADMINISTRATOR THAT:
 S. 8006--B                         95
 
   (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  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR
 OTHER ENTITY, AS PROVIDED IN SECTION  SIX  HUNDRED  THIRTY-TWO  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 HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR OR, IN THE CASE OF ANY
 HOUSING ACCESS VOUCHER  LOCAL  ADMINISTRATOR  THAT  PROVIDES  ASSISTANCE
 UNDER THIS ARTICLE ON BEHALF OF MORE THAN ONE THOUSAND TWO HUNDRED FIFTY
 FAMILIES,  BEFORE  THE  EXPIRATION OF A REASONABLE PERIOD BEGINNING UPON
 SUCH REQUEST. THE PERFORMANCE OF THE HOUSING ACCESS VOUCHER LOCAL ADMIN-
 ISTRATOR IN MEETING THE FIFTEEN DAY INSPECTION DEADLINE SHALL  BE  TAKEN
 INTO  CONSIDERATION  IN  ASSESSING THE PERFORMANCE OF THE HOUSING ACCESS
 VOUCHER LOCAL ADMINISTRATOR.
   4. (A) EACH  HOUSING  ACCESS  VOUCHER  LOCAL  ADMINISTRATOR  PROVIDING
 ASSISTANCE  UNDER  THIS ARTICLE (OR OTHER ENTITY, AS PROVIDED IN SECTION
 SIX HUNDRED THIRTY-TWO OF THIS ARTICLE) SHALL, FOR EACH ASSISTED  DWELL-
 ING  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 MAINTAINED 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  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (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  HOUSING ACCESS VOUCHER LOCAL
 ADMINISTRATOR HAS CERTIFIED 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 HOUSING ACCESS VOUCHER  LOCAL  ADMINISTRA-
 TOR,  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 QUALITY STANDARDS UNDER SUBDIVISION TWO OF  THIS
 SECTION,  THE  HOUSING  ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL INSPECT
 THE DWELLING UNIT:
   (A) IN THE CASE OF ANY  CONDITION  THAT  IS  LIFE-THREATENING,  WITHIN
 TWENTY-FOUR HOURS AFTER THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR'S
 S. 8006--B                         96
 
 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.
   IN CONDUCTING SUCH AN INSPECTION, THE  HOUSING  ACCESS  VOUCHER  LOCAL
 ADMINISTRATOR MAY, AT ITS DISCRETION, REQUIRE EVIDENCE FROM THE OWNER OF
 THE  PHYSICAL  CONDITION OF A UNIT, INCLUDING, BUT NOT LIMITED TO PHOTO-
 GRAPHS, SIGNED WORK ORDERS, AND CONTRACTOR BILLS IN LIEU OF THE  HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATOR CONDUCTING A PHYSICAL INSPECTION.
   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 AND SHALL PROVIDE FLEXIBILITY TO THE HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATOR APPROPRIATE TO  FACILITATE  EFFICIENT
 PROVISION OF ASSISTANCE UNDER THIS SECTION.
   § 630. 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 HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER  ENTITY,  AS
 PROVIDED  IN  SECTION  SIX HUNDRED THIRTY-TWO OF THIS ARTICLE) SHALL, AT
 THE REQUEST OF AN INDIVIDUAL 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 HOUSING ACCESS VOUCHER
 LOCAL ADMINISTRATOR (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 INDIVIDUAL OR FAMILY)  TO  DETER-
 MINE  WHETHER  THE  RENT  (OR  RENT  INCREASE) REQUESTED BY THE OWNER IS
 REASONABLE. IF A HOUSING ACCESS VOUCHER LOCAL  ADMINISTRATOR  (OR  OTHER
 SUCH  ENTITY) DETERMINES THAT THE RENT (OR RENT INCREASE) FOR A DWELLING
 UNIT IS NOT REASONABLE, THE HOUSING ACCESS VOUCHER  LOCAL  ADMINISTRATOR
 (OR OTHER SUCH ENTITY) SHALL NOT MAKE HOUSING ASSISTANCE PAYMENTS TO THE
 OWNER UNDER THIS SUBDIVISION WITH RESPECT TO THAT UNIT.
   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  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL MAKE TIMELY
 PAYMENT OF ANY AMOUNTS DUE TO A DWELLING UNIT OWNER UNDER THIS  SECTION,
 SUBJECT  TO APPROPRIATION OF FUNDS FOR THIS PURPOSE. THE HOUSING ASSIST-
 ANCE PAYMENT CONTRACT BETWEEN THE OWNER AND THE HOUSING  ACCESS  VOUCHER
 LOCAL  ADMINISTRATOR  MAY  PROVIDE FOR PENALTIES FOR THE LATE PAYMENT OF
 AMOUNTS DUE UNDER THE CONTRACT, WHICH SHALL BE IMPOSED  ON  THE  HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATOR IN ACCORDANCE WITH GENERALLY ACCEPTED
 PRACTICES IN THE LOCAL HOUSING MARKET.
   5.  UNLESS  OTHERWISE  AUTHORIZED  BY  THE  COMMISSIONER, EACH HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL PAY ANY PENALTIES FROM ADMINIS-
 TRATIVE FEES COLLECTED BY THE HOUSING ACCESS VOUCHER  LOCAL  ADMINISTRA-
 TOR,  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 HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR.
   § 631. 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
 S. 8006--B                         97
 
 UNIT, RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY  NOT  BE  PROVIDED
 FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED.
   § 632. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMIN-
 ISTRATOR.  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 HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
 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 TWENTY-NINE OF THIS ARTI-
 CLE AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX HUNDRED THIRTY OF
 THIS  ARTICLE.  THE  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE
 RESPONSIBLE FOR ANY EXPENSES OF  SUCH  INSPECTIONS  AND  DETERMINATIONS,
 SUBJECT TO THE APPROPRIATION OF FUNDS FOR THIS PURPOSE.
   2.  FOR  PURPOSES OF THIS SECTION, THE TERM "OWNED BY A HOUSING ACCESS
 VOUCHER LOCAL ADMINISTRATOR" MEANS, WITH RESPECT  TO  A  DWELLING  UNIT,
 THAT THE DWELLING UNIT IS IN A PROJECT THAT IS OWNED BY SUCH ADMINISTRA-
 TOR,  BY  AN  ENTITY  WHOLLY  CONTROLLED  BY SUCH ADMINISTRATOR, OR BY A
 LIMITED LIABILITY COMPANY OR LIMITED PARTNERSHIP IN WHICH SUCH  ADMINIS-
 TRATOR  (OR  AN  ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR) HOLDS A
 CONTROLLING INTEREST IN THE MANAGING MEMBER OR GENERAL PARTNER. A DWELL-
 ING UNIT SHALL NOT BE DEEMED TO BE OWNED BY  A  HOUSING  ACCESS  VOUCHER
 LOCAL  ADMINISTRATOR  FOR PURPOSES OF THIS SECTION BECAUSE SUCH ADMINIS-
 TRATOR HOLDS A FEE INTEREST AS GROUND LESSOR IN THE  PROPERTY  ON  WHICH
 THE UNIT IS SITUATED, 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.
   § 633. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE-
 DURES  WHICH  ARE  APPROPRIATE  AND NECESSARY TO ASSURE THAT INCOME DATA
 PROVIDED TO THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR 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 FAMI-
 LIES  TO  PROVIDE  SUCH  INFORMATION  THEMSELVES.  SUCH  INFORMATION MAY
 INCLUDE, BUT IS NOT LIMITED TO,  DATA  CONCERNING  UNEMPLOYMENT  COMPEN-
 SATION  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 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  BENEFITS  (AND  THE AMOUNT OF SUCH BENEFITS, IF ANY)
 UNDER THIS ARTICLE.
   § 634. 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;
 S. 8006--B                         98
 
   (B) WHICH FAMILY MEMBER WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER WAS
 INITIALLY ISSUED AS 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 HOUSING ACCESS
 VOUCHER  LOCAL  ADMINISTRATOR  WILL TERMINATE ASSISTANCE ON THE BASIS OF
 FAILURE TO PROVIDE INFORMATION NECESSARY FOR A RECERTIFICATION.
   § 635. 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.
   § 636. VOUCHERS STATEWIDE. NOTWITHSTANDING SECTION SIX  HUNDRED  TWEN-
 TY-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.
   § 637. APPLICABLE CODES. HOUSING ELIGIBLE  FOR  PARTICIPATION  IN  THE
 HOUSING  ACCESS  VOUCHER  PROGRAM SHALL COMPLY WITH APPLICABLE STATE AND
 LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES.
   § 638. HOUSING CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE  HOUS-
 ING  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 April next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.
 
                                  PART OO
 
   Section 1. This Part enacts into law major components  of  legislation
 in relation to utility ratepayer burden relief. 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.
 S. 8006--B                         99
 
 Section two contains a severability clause for all provisions  contained
 in each Subpart of this Part.
   Section  three  of  this  act sets forth the general effective date of
 this Part.
 
                                 SUBPART A
 
   Section 1. Subdivision 1 of section 97 of the social services law,  as
 added by chapter 785 of the laws of 1983, is amended to read as follows:
   1.  The department is authorized to develop and submit to the governor
 the application and plan required by title  twenty-six  of  the  federal
 omnibus budget reconciliation act of nineteen hundred eighty-one, and to
 amend and to take whatever other action may be necessary with respect to
 such  plan,  including,  but not limited to, acting for the state in any
 negotiations relative to the submission of such plan,  and  making  such
 arrangements  and  taking such action, not inconsistent with law, as may
 be required to submit, implement, administer and operate such plan,  and
 to secure for the state the benefits available under such act; PROVIDED,
 HOWEVER, THAT THE STATE SHALL PROVIDE IN SUCH PLAN, IF AUTHORIZED BY THE
 FEDERAL GOVERNMENT, THE USE OF NET INCOME FOR INCOME CALCULATIONS; CATE-
 GORICAL  ELIGIBILITY  FOR  HOUSEHOLDS  IN  WHICH  ONE  HOUSEHOLD  MEMBER
 RECEIVES SUPPLEMENTAL SECURITY INCOME, TEMPORARY  ASSISTANCE  FOR  NEEDY
 FAMILIES,  SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS, OR MEANS-
 TESTED VETERANS PROGRAMS; PRIORITY ELIGIBILITY  FOR  COOLING  ASSISTANCE
 FOR  ELDERLY  INDIVIDUALS,  DISABLED  INDIVIDUALS,  YOUNG  CHILDREN, AND
 HOUSEHOLDS WITH HIGH ENERGY BURDENS; AND PRIORITY ELIGIBILITY FOR CRISIS
 ASSISTANCE FOR ELDERLY INDIVIDUALS, DISABLED  INDIVIDUALS,  YOUNG  CHIL-
 DREN, AND HOUSEHOLDS WITH HIGH ENERGY BURDENS.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1.  The  office  of temporary and disability assistance shall
 develop program materials which will be made available to utilities  and
 community  agencies  for  the  purpose of informing the public about the
 availability of existing and  new  utility  assistance  programs.  Local
 social  service  districts may contract for the provision of an outreach
 program to inform potentially eligible households of the availability of
 assistance pursuant to section 131-s of the social services law.
   § 2. This act shall take effect immediately.
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or  subpart contained in any 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, subdi-
 vision, section or  subpart  contained  in  any  part  thereof  directly
 involved  in  the  controversy  in  which  such judgment shall have been
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   § 3. This act shall take effect immediately, provided,  however,  that
 the  applicable  effective date of Subparts A and B of this act shall be
 as specifically set forth in the last section of such Subparts.
 
                                  PART PP
 S. 8006--B                         100
 
   Section 1. Paragraph (a) of subdivision 2 of section 106 of the social
 services law, as amended by section 1 of part OO of chapter  56  of  the
 laws of 2021, is amended to read as follows:
   (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)  ANY  PAYMENTS  OF PUBLIC ASSISTANCE MADE ON OR AFTER APRIL FIRST,
 TWO THOUSAND TWENTY-TWO;
   (2) payments made as part of Supplemental Nutrition Assistance Program
 (SNAP), child care services, Emergency Assistance to Adults or the  Home
 Energy Assistance Program (HEAP);
   [(2)]  (3)  payments  of public assistance if such payments were reim-
 bursed by child support collections;
   [(3)] (4) payments of public assistance unless, before a deed or mort-
 gage was accepted from an applicant or  recipient,  the  official  first
 received  a  signed  acknowledgment  from  the  applicant  or  recipient
 acknowledging that:
   A. benefits provided as  part  of  Supplemental  Nutrition  Assistance
 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
   B. if the applicant or recipient declines to provide the lien or mort-
 gage the children in the household  shall  remain  eligible  for  public
 assistance.
   §  2.  Subdivision  2  of  section  106  of the social services law is
 amended by adding four new paragraphs (g), (h), (i) and (j) to  read  as
 follows:
   (G)  WHERE A MORTGAGE HAS BEEN TAKEN IN ACCORDANCE WITH THE PROVISIONS
 OF THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS
 OF  TWO  THOUSAND TWENTY-ONE THAT AMENDED THIS SECTION, AND 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 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 DISPO-
 SITION OF THE PROPERTY WILL NOT MATERIALLY ADVERSELY AFFECT THE  WELFARE
 OF SUCH CHILD.
   (H)  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.
   (I) 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
 S. 8006--B                         101
 
 NOT SO CLAIMED WITHIN FOUR YEARS, IT SHALL BE DEEMED ABANDONED  PROPERTY
 AND  BE  PAID  TO  THE  STATE  COMPTROLLER  PURSUANT TO SECTION THIRTEEN
 HUNDRED FIVE OF THE ABANDONED PROPERTY LAW.
   (J)  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.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as section 3 of part OO of chapter 56 of the laws of 2021, takes
 effect.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through PP of this act shall be
 as specifically set forth in the last section of such Parts.