S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8306                                                  A. 8806
 
                       S E N A T E - A S S E M B L Y
 
                             January 17, 2024
                                ___________
 
 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 contracts for excel-
   lence; to amend the education law, in relation to foundation  aid;  to
   amend  the  education  law,  in  relation  to allowable transportation
   expenses; to amend the education law, in  relation  to  transportation
   aid  and the Clean Water, Clean Air, and Green Jobs Environmental Bond
   Act of 2022; 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  universal  prekinder-
   garten  and the Statewide universal full-day pre-kindergarten program;
   to amend the education law, in relation to implementation of the smart
   schools bond act of 2014; to amend the education law, in  relation  to
   special apportionments and grants-in-aid to school districts; 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 extending the effectiveness thereof; to amend chapter  345
   of  the laws of 2009, amending the education law and other laws relat-
   ing to the New York city board  of  education,  chancellor,  community
   councils, and community superintendents, in relation to the effective-
   ness  thereof;  to  amend  the education law, in relation to state aid
   adjustments; to amend the education  law,  in  relation  to  extending
   certain provisions of the teachers of tomorrow teacher recruitment and
   retention  program; to amend the education law, in relation to maximum
   class sizes for special classes for certain  students  with  disabili-
   ties;  to amend chapter 82 of the laws of 1995, amending the education
   law and other laws relating to state aid to school districts  and  the
   appropriation  of  funds for the support of government, in relation to
   the effectiveness thereof; to amend chapter 756 of the  laws  of  1992
   relating  to  funding  a program for work force education conducted by
   the consortium for worker education in New York city, in  relation  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12672-01-4
 S. 8306                             2                            A. 8806
 
   reimbursement  for  the 2023-2024 school year withholding a portion of
   employment preparation education aid and in relation to the effective-
   ness thereof; to amend the education law, in relation to the financing
   of  charter schools; to amend part A of chapter 56 of the laws of 2023
   directing the education department to conduct a comprehensive study of
   alternative tuition rate-setting methodologies for approved  providers
   operating  school-age  and preschool programs receiving state funding,
   in relation to extending the date for the submission of such recommen-
   dations; 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  effec-
   tiveness  thereof;  to  amend chapter 97 of the laws of 2011, amending
   the education law relating to census reporting,  in  relation  to  the
   effectiveness  thereof; providing for special apportionment for salary
   expenses; providing  for  special  apportionment  for  public  pension
   accruals;  providing for set-asides from the state funds which certain
   districts are receiving from the total foundation aid;  and  providing
   for  support  of public libraries; to repeal certain provisions of the
   education law relating to phase-in foundation increase; and to  repeal
   certain  provisions  of  the  education law relating to foundation aid
   (Part A); to amend the education  law,  in  relation  to  establishing
   evidence-based  reading  instructional  best  practices  for  students
   attending prekindergarten through grade three (Part B); to  amend  the
   education  law, in relation to directing the commissioner of education
   to require the completion of a FAFSA or a waiver of  such  requirement
   and  requires  school  districts  issue  annual  reports  on  students
   completing the FAFSA and the waiver (Part C); to amend  the  education
   law,  in  relation  to eligibility for unrestricted aid to independent
   colleges and universities (Part D); to amend  the  education  law,  in
   relation  to  ensuring informational coordination between state educa-
   tional agencies (Part E); to amend chapter 260 of  the  laws  of  2011
   amending  the  education  law and the New York state urban development
   corporation act relating to establishing  components  of  the  NY-SUNY
   2020 challenge grant program, in relation to the effectiveness thereof
   (Part  F); to amend part N of chapter 56 of the laws of 2020, amending
   the social services law relating to restructuring financing for  resi-
   dential  school  placements,  in relation to the effectiveness thereof
   (Part G); 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 H); to amend the family  court  act  and
   the domestic relations law, in relation to establishment and modifica-
   tion  of  child  support  orders  (Part I); to amend the labor law, in
   relation to nursing employees' right to express breast milk (Part  J);
   to  amend the labor law, in relation to limiting liquidated damages in
   certain frequency of pay violations (Part K); to amend the labor  law,
   in  relation  to  civil penalties for violations of certain provisions
   for the payment of wages (Part L); to amend chapter 25 of the laws  of
   2020,  relating  to  providing  requirements  for  sick  leave and the
   provision of certain employee benefits when such employee  is  subject
   to  a  mandatory or precautionary order of quarantine or isolation due
   to COVID-19, in relation to providing for the expiration and repeal of
   such provisions (Part M); to utilize reserves in the  mortgage  insur-
   ance fund for various housing purposes (Part N); to amend the criminal
   procedure  law  and  the  penal  law, in relation to the crime of deed
   theft; to amend the real property  actions  and  proceedings  law,  in
   relation  to  the  partition of heirs' property; and to amend the real
 S. 8306                             3                            A. 8806
 
   property law, in relation to allowing transfer on  death  deeds  (Part
   O);  relating  to  the  conveyance  and use of real property owned and
   maintained by the State University of New York at Farmingdale (Subpart
   A);  relating  to  the  conveyance  and use of real property owned and
   maintained by the State University of New York at Stony Brook (Subpart
   B); and relating to the conveyance and use of real property owned  and
   maintained by the New York State Department of Transportation (Subpart
   C)  (Part  P);  to  amend  the  multiple  dwelling law, in relation to
   authorizing a city of one million or more to remove  the  cap  on  the
   floor area ratio of certain dwellings (Part Q); to amend the labor law
   and  the real property tax law, in relation to the exemption from real
   property taxation of certain multiple dwellings in  a  city  having  a
   population  of  one  million  or  more (Part R); to amend the multiple
   dwelling law, in relation to establishing a program to  address    the
   legalization  of  specified basement and cellar dwelling units and the
   conversion of other specified basement and cellar dwelling units in  a
   city  with  a population of one million or more (Part S); to amend the
   real property tax law, in  relation  to  eligible  multiple  dwellings
   under  the  affordable New York housing program (Part T); and to amend
   the real property tax law and the labor law, in relation  to  enacting
   the affordable neighborhoods for New Yorkers tax incentive (Part U)
 
   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 2024-2025 state fiscal year. Each component is
 wholly contained within a Part identified as  Parts  A  through  U.  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
 2023, 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-
 S. 8306                             4                            A. 8806

 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
 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-
 S. 8306                             5                            A. 8806
 
 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
 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;
 and  provided  further that, a school district that submitted a contract
 for excellence for the two  thousand  twenty-two--two  thousand  twenty-
 three  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-three--two thousand twenty-four school year which shall,
 S. 8306                             6                            A. 8806
 
 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--
 two thousand twenty-three school year;  AND  PROVIDED  FURTHER  THAT,  A
 SCHOOL  DISTRICT  THAT  SUBMITTED  A CONTRACT FOR EXCELLENCE FOR THE TWO
 THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR 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-FOUR--TWO THOUSAND
 TWENTY-FIVE 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-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR;
 provided, however, that, in a city school district in a  city  having  a
 population  of  one million or more, notwithstanding the requirements of
 subparagraph (vi) of paragraph a of subdivision two of this section, the
 contract for excellence shall provide for the expenditure as  set  forth
 in  subparagraph  (v) of paragraph a of subdivision two of this section.
 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.  The  opening  paragraph of subdivision 4 of section 3602 of the
 education law, as amended by section 9-b of part CCC of  chapter  59  of
 the laws of 2018, is amended to read as follows:
   In  addition  to  any  other apportionment pursuant to this chapter, a
 school district, other than a special act school district as defined  in
 subdivision eight of section four thousand one of this chapter, shall be
 eligible  for  total  foundation  aid equal to the SUM OF THE TRANSITION
 ADJUSTMENT PLUS THE product of  total  aidable  foundation  pupil  units
 multiplied by the district's selected foundation aid, which shall be the
 greater  of  five  hundred  dollars  ($500)  or foundation formula aid[,
 provided, however that for the two thousand  seven--two  thousand  eight
 through  two  thousand  eight--two thousand nine school years, no school
 district shall receive total foundation aid in excess of the sum of  the
 total foundation aid base for aid payable in the two thousand seven--two
 thousand  eight  school  year  computed  pursuant to subparagraph (i) of
 paragraph j of subdivision one of this section, plus the phase-in  foun-
 dation  increase  computed  pursuant to paragraph b of this subdivision,
 and provided further that for  the  two  thousand  twelve--two  thousand
 thirteen  school year, no school district shall receive total foundation
 aid in excess of the sum of the total foundation aid base for aid  paya-
 S. 8306                             7                            A. 8806

 ble in the two thousand eleven--two thousand twelve school year computed
 pursuant  to subparagraph (ii) of paragraph j of subdivision one of this
 section, plus the phase-in  foundation  increase  computed  pursuant  to
 paragraph  b  of this subdivision, and provided further that for the two
 thousand thirteen--two thousand fourteen school year and thereafter,  no
 school  district shall receive total foundation aid in excess of the sum
 of the total foundation aid base computed pursuant to subparagraph  (ii)
 of  paragraph  j  of  subdivision one of this section, plus the phase-in
 foundation increase computed pursuant to paragraph b  of  this  subdivi-
 sion,  and provided further that for the two thousand sixteen--two thou-
 sand seventeen school year, no eligible school districts  shall  receive
 total  foundation  aid  in excess of the sum of the total foundation aid
 base computed pursuant to subparagraph (ii) of paragraph j  of  subdivi-
 sion  one  of  this  section plus the sum of (A) the phase-in foundation
 increase, (B) the executive foundation increase with a minimum  increase
 pursuant  to  paragraph b-2 of this subdivision, and (C) an amount equal
 to "COMMUNITY SCHOOLS AID" in  the  computer  listing  produced  by  the
 commissioner  in  support  of  the  executive budget request for the two
 thousand  sixteen--two  thousand  seventeen  school  year  and  entitled
 "BT161-7",  where  (1)  "eligible school district" shall be defined as a
 district with (a) an  unrestricted  aid  increase  of  less  than  seven
 percent (0.07) and (b) a three year average free and reduced price lunch
 percent  greater  than fifteen percent (0.15), and (2) "unrestricted aid
 increase" shall mean the quotient arrived at when dividing (a)  the  sum
 of  the  executive  foundation  aid  increase  plus  the gap elimination
 adjustment for the base year, by (b) the difference  of  foundation  aid
 for the base year less the gap elimination adjustment for the base year,
 and (3) "executive foundation increase" shall mean the difference of (a)
 the amounts set forth for each school district as "FOUNDATION AID" under
 the  heading "2016-17 ESTIMATED AIDS" in the school aid computer listing
 produced by the commissioner in support of the executive budget  request
 for  the  two  thousand  sixteen--two thousand seventeen school year and
 entitled "BT161-7" less (b)  the  amounts  set  forth  for  each  school
 district  as "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS"
 in such computer listing and provided further that total foundation  aid
 shall  not  be  less  than  the product of the total foundation aid base
 computed pursuant to paragraph j of subdivision one of this section  and
 the due-minimum percent which shall be, for the two thousand twelve--two
 thousand  thirteen  school  year,  one  hundred  and  six-tenths percent
 (1.006) and for the two thousand thirteen--two thousand fourteen  school
 year  for  city  school  districts of those cities having populations in
 excess of one hundred twenty-five thousand and  less  than  one  million
 inhabitants  one  hundred  and one and one hundred and seventy-six thou-
 sandths percent (1.01176), and for all other districts one  hundred  and
 three-tenths  percent  (1.003),  and  for the two thousand fourteen--two
 thousand fifteen school year  one  hundred  and  eighty-five  hundredths
 percent (1.0085), and for the two thousand fifteen--two thousand sixteen
 school  year,  one  hundred  thirty-seven  hundredths  percent (1.0037),
 subject to allocation pursuant to the provisions of subdivision eighteen
 of this section and any provisions of a chapter of the laws of New  York
 as described therein, nor more than the product of such total foundation
 aid  base and one hundred fifteen percent for any school year other than
 the two thousand seventeen--two thousand eighteen school year, provided,
 however, that for  the  two  thousand  sixteen--two  thousand  seventeen
 school  year such maximum shall be no more than the sum of (i) the prod-
 uct of such total foundation aid base and one  hundred  fifteen  percent
 S. 8306                             8                            A. 8806

 plus  (ii)  the  executive foundation increase and plus (iii) "COMMUNITY
 SCHOOLS AID" in the computer listing produced  by  the  commissioner  in
 support  of  the executive budget request for the two thousand sixteen--
 two  thousand  seventeen school year and entitled "BT161-7" and provided
 further that for the two thousand nine--two  thousand  ten  through  two
 thousand  eleven--two thousand twelve school years, each school district
 shall receive total foundation aid in an  amount  equal  to  the  amount
 apportioned  to  such  school  district  for the two thousand eight--two
 thousand nine school year pursuant to this subdivision].  Total  aidable
 foundation  pupil  units  shall be calculated pursuant to paragraph g of
 subdivision two of this section. For the  purposes  of  calculating  aid
 pursuant  to  this  subdivision, aid for the city school district of the
 city of New York shall be calculated on a citywide basis.
   § 3. Subparagraphs 1 and 4 of paragraph a of subdivision 4 of  section
 3602  of  the  education law,   as amended by section 9-b of part CCC of
 chapter 59 of the laws of 2018,  are amended to read as follows:
   (1) The foundation amount shall reflect the average per pupil cost  of
 general  education instruction in successful school districts, as deter-
 mined by a statistical analysis of the costs of  special  education  and
 general  education  in  successful  school  districts, provided that the
 foundation amount shall be adjusted annually to reflect  the  EIGHT-YEAR
 AVERAGE  OF  THE  percentage  increase  in  the  consumer price index as
 defined by paragraph hh of subdivision one of  this  section[,  provided
 that  for the two thousand eight--two thousand nine school year, for the
 purpose of such adjustment, the  percentage  increase  in  the  consumer
 price  index  shall be deemed to be two and nine-tenths percent (0.029),
 and provided further that the foundation amount  for  the  two  thousand
 seven--two thousand eight school year shall be five thousand two hundred
 fifty-eight  dollars,  and  provided  further  that for the two thousand
 seven--two thousand eight through two thousand  seventeen--two  thousand
 eighteen  school  years, the foundation amount shall be further adjusted
 by the phase-in foundation percent established pursuant to  paragraph  b
 of  this  subdivision]  FOR THE TEN MOST RECENT CALENDAR YEARS EXCLUDING
 THE HIGHEST AND LOWEST VALUES.
   (4) The expected minimum local contribution shall equal the lesser  of
 (i)  the product of (A) the quotient arrived at when the selected actual
 valuation is divided by total wealth foundation pupil units,  multiplied
 by  (B)  the  product  of the local tax factor, multiplied by the income
 wealth index, or (ii) the product of (A) the product of  the  foundation
 amount, the regional cost index, and the pupil need index, multiplied by
 (B)  the  positive  difference,  if  any, of one minus the state sharing
 ratio for total foundation aid. The local tax  factor  shall  be  estab-
 lished by May first of each year by determining the product, computed to
 four  decimal  places  without rounding, of ninety percent multiplied by
 the quotient of the sum of the statewide average tax rate as computed by
 the commissioner for the current year in accordance with the  provisions
 of  paragraph  e of subdivision one of section thirty-six hundred nine-e
 of this part plus the statewide average tax rate computed by the commis-
 sioner for the base year in accordance with  such  provisions  plus  the
 statewide  average  tax  rate  computed by the commissioner for the year
 prior to the base year in accordance with such  provisions,  divided  by
 three[,  provided  however that for the two thousand seven--two thousand
 eight school year, such local tax factor shall  be  sixteen  thousandths
 (0.016), and provided further that for the two thousand eight--two thou-
 sand  nine  school  year,  such  local  tax  factor shall be one hundred
 fifty-four ten thousandths (0.0154)]. The income wealth index  shall  be
 S. 8306                             9                            A. 8806
 
 calculated pursuant to paragraph d of subdivision three of this section,
 provided, however, that for the purposes of computing the expected mini-
 mum  local  contribution  the income wealth index shall not be less than
 sixty-five percent (0.65) and shall not be more than two hundred percent
 (2.0)  [and  provided however that such income wealth index shall not be
 more than ninety-five percent (0.95) for  the  two  thousand  eight--two
 thousand  nine school year, and provided further that such income wealth
 index shall not be less than zero for  the  two  thousand  thirteen--two
 thousand  fourteen  school year]. The selected actual valuation shall be
 calculated pursuant to paragraph c of subdivision one of  this  section.
 Total  wealth  foundation  pupil  units  shall be calculated pursuant to
 paragraph h of subdivision two of this section.
   § 4. Paragraph b of subdivision 4 of section 3602 of the education law
 is REPEALED and a new paragraph b is added to read as follows:
   B. TRANSITION ADJUSTMENT. THE TRANSITION ADJUSTMENT  SHALL  EQUAL  THE
 PRODUCT  OF (1) THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID FOR THE
 TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL  YEAR  AS
 DEFINED  IN  PARAGRAPH  G  OF SUBDIVISION THREE OF THIS SECTION, BUT NOT
 LESS THAN FIVE TENTHS (0.5), MULTIPLIED BY (2) THE POSITIVE  DIFFERENCE,
 IF  ANY,  OF  (I) THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN
 THE TWO THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR  SCHOOL  YEAR
 PURSUANT  TO  THIS  SUBDIVISION  LESS  (II) THE PRODUCT OF TOTAL AIDABLE
 FOUNDATION PUPIL UNITS MULTIPLIED BY THE DISTRICT'S SELECTED  FOUNDATION
 AID  FOR  THE  TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEAR COMPUTED PURSUANT TO THIS SUBDIVISION, AS SET FORTH ON THE COMPUTER
 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET
 REQUEST  FOR  THE  TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND TWENTY-FIVE
 SCHOOL YEAR AND ENTITLED "BT242-5".
   § 5. Paragraph d of subdivision 4 of section  3602  of  the  education
 law,  as  amended  by section 6 of part YYY of chapter 59 of the laws of
 2019, is amended to read as follows:
   d. For the two thousand fourteen--two  thousand  fifteen  through  two
 thousand  [twenty-three]  TWENTY-EIGHT--two thousand [twenty-four] TWEN-
 TY-NINE school years a city school district of a  city  having  a  popu-
 lation  of  one  million or more may use amounts apportioned pursuant to
 this subdivision for afterschool programs.
   § 6. Paragraphs b-2, b-3, b-4, f, g, h, i and j of  subdivision  4  of
 section 3602 of the education law are REPEALED.
   § 7. Paragraph k of subdivision 4 of section 3602 of the education law
 is REPEALED.
   §  8.  The  undesignated closing paragraph of subdivision 3 of section
 3602 of the education law, as added by section 13 of part B  of  chapter
 57 of the laws of 2007, is amended to read as follows:
   Such  result  shall  be expressed as a decimal carried to three places
 without rounding, but shall not be greater than  ninety  hundredths  nor
 less than zero, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE
 STATE  SHARING  RATIO FOR TOTAL FOUNDATION AID IN THE TWO THOUSAND TWEN-
 TY-FOUR--TWO THOUSAND  TWENTY-FIVE  SCHOOL  YEAR  AND  THEREAFTER,  SUCH
 RESULT SHALL NOT BE GREATER THAN NINETY-ONE HUNDREDTHS.
   § 9. Intentionally omitted.
   §  10.  Paragraph  j of subdivision 1 of section 3602 of the education
 law is amended by adding a new subparagraph (iii) to read as follows:
   (III) THE TOTAL FOUNDATION AID BASE FOR AID PAYABLE IN THE  TWO  THOU-
 SAND  SEVEN--TWO  THOUSAND EIGHT SCHOOL YEAR AND THEREAFTER, AND FOR AID
 CALCULATIONS FOR SUBSEQUENT SCHOOL YEARS BASED ON AID  PAYABLE  IN  SUCH
 SCHOOL  YEARS,  SHALL  BE  DEEMED  FINAL AND NOT SUBJECT TO CHANGE ON OR
 S. 8306                            10                            A. 8806
 
 AFTER JULY FIRST OF THE SCHOOL YEAR FOLLOWING THE LAST  SCHOOL  YEAR  IN
 WHICH THE COMMISSIONER MAY LAST ACCEPT AND CERTIFY FOR PAYMENT ANY ADDI-
 TIONAL CLAIM FOR SUCH SCHOOL YEAR PURSUANT TO PARAGRAPH A OF SUBDIVISION
 FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART.
   §  11.  Subparagraphs  2  and  3  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,  are amended to read as follows:
   (2)  is  a construction emergency project to remediate emergency situ-
 ations which arise in public school buildings and  threaten  the  health
 and/or  safety  of  building occupants, as a result of the unanticipated
 discovery of asbestos or other hazardous substances during  construction
 work on a school or significant damage caused by a fire, snow storm, ice
 storm, excessive rain, high winds, flood or a similar catastrophic event
 which results in the necessity for immediate repair[; and/or
   (3)  if  bonded  pursuant  to  paragraph  j of subdivision six of this
 section, would cause a city school district in a  city  having  a  popu-
 lation  of  less  than  one  hundred twenty-five thousand inhabitants to
 exceed ninety-five percent of its constitutional  debt  limit  provided,
 however,  that any debt issued pursuant to paragraph c of section 104.00
 of the local finance law shall not be included in such calculation].
   § 12. The opening paragraph of subdivision  2  of  section  3623-a  of
 education  law,  as  added  by  section 86 of chapter 474 of the laws of
 1996, is amended to read as follows:
   Allowable transportation capital, debt service and lease expense shall
 include base year expenditures [for:] AS DESCRIBED IN THIS  SUBDIVISION,
 NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND-
 ITURES  AS  PRESCRIBED  BY THE COMMISSIONER, EXCEPT AS PROVIDED IN PARA-
 GRAPH D OF SUBDIVISION THREE OF THIS SECTION.
   § 13. Subdivision 3 of section 3623-a of the education law is  amended
 by adding added a new paragraph d to read as follows:
   D.  (1)  FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
 TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF
 LAW TO THE CONTRARY, APPROVED TRANSPORTATION CAPITAL, DEBT SERVICE,  AND
 LEASE  EXPENSES FOR APPORTIONMENTS TO SCHOOL DISTRICTS UNDER SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  ARTICLE  SHALL  INCLUDE
 THE  FINAL  VALUE  OF  ANY VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT,
 PAYMENTS, AND GRANTS AUTHORIZED PURSUANT TO SECTION 58-0701 OF THE ENVI-
 RONMENTAL CONSERVATION LAW FOR COSTS ASSOCIATED WITH THE PURCHASE OF  OR
 CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE.
   (2) IN THE CASE OF ALLOWABLE EXPENSES FOR TRANSPORTATION CAPITAL, DEBT
 SERVICE,  OR  LEASES  WHICH  ARE  RELATED  TO  COSTS ASSOCIATED WITH THE
 PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES  AND  SUPPORTING
 INFRASTRUCTURE  AND WHICH ARE SUPPORTED IN WHOLE OR IN PART BY VOUCHERS,
 PAYMENTS, OR GRANTS AUTHORIZED UNDER SECTION  58-0701  OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW,  SUCH ALLOWABLE EXPENSES AT THE TIME IN WHICH
 THE EXPENSE IS CLAIMED FOR AID SHALL NOT EXCEED THE SUM OF (I) THE PROD-
 UCT OF THE TRANSPORTATION AID RATIO CALCULATED PURSUANT  TO  SUBDIVISION
 SEVEN  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS ARTICLE MULTIPLIED BY
 ALLOWABLE EXPENSES, PLUS (II) THE FINAL VALUE OF ANY SUCH VOUCHERS  PAID
 ON  BEHALF  OF  A SCHOOL DISTRICT, PAYMENTS, AND GRANTS AUTHORIZED UNDER
 SECTION 58-0701 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (3) THE ENTITY AUTHORIZED TO  PROVIDE  STATE  ASSISTANCE  PAYMENTS  OR
 GRANTS  PURSUANT  TO  SUBDIVISION TWO OF SECTION 58-0703 OF THE ENVIRON-
 MENTAL CONSERVATION LAW SHALL PROVIDE TO  THE  COMMISSIONER  A  LIST  OF
 GRANTS  AWARDED AND PAYMENTS TO EACH SCHOOL DISTRICT OR VOUCHERS PAID ON
 BEHALF OF A SCHOOL DISTRICT FOR THE PURCHASE OF OR CONVERSION  TO  ZERO-
 S. 8306                            11                            A. 8806
 
 EMISSION  SCHOOL  BUSES  AND SUPPORTING INFRASTRUCTURE NO LATER THAN ONE
 MONTH PRIOR TO THE END OF EACH CALENDAR YEAR AND EACH SCHOOL YEAR.  THIS
 LIST SHALL INCLUDE THE TYPE AND NUMBER OF ZERO-EMISSION SCHOOL BUSES  TO
 BE  FUNDED BY THESE PAYMENTS OR GRANTS, THE SUPPORTING INFRASTRUCTURE TO
 BE FUNDED BY THESE PAYMENTS OR GRANTS, THE AWARD AMOUNTS OF EACH PAYMENT
 OR GRANT, THE DIRECT RECIPIENT OF EACH PAYMENT OR  GRANT,  THE  DISTRICT
 RECEIVING  SUCH  PAYMENT OR GRANT OR THAT BENEFITTED FROM  SUCH VOUCHER,
 THE DATE ON WHICH THE PAYMENT OR  GRANT  WAS  RECEIVED,  AND  ANY  OTHER
 INFORMATION NECESSARY FOR THE CALCULATION OF AID PURSUANT TO SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
   §  14.  Paragraph i of subdivision 12 of section 3602 of the education
 law, as amended by section 10 of part A of chapter 56  of  the  laws  of
 2023, is amended to read as follows:
   i.  For  the  two  thousand twenty-one--two thousand twenty-two school
 year through the two thousand [twenty-three]  TWENTY-FOUR--two  thousand
 [twenty-four]  TWENTY-FIVE  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 "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  appor-
 tionment  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.
   §  15.  The opening paragraph of subdivision 16 of section 3602 of the
 education law, as amended by section 11 of part A of chapter 56  of  the
 laws of 2023, 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-three] TWENTY-FOUR--two thousand [twenty-four]  TWENTY-
 FIVE  school  year  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 commis-
 sioner 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  ESTI-
 MATED  AIDS"  in the school aid computer listing produced by the commis-
 sioner in support of the executive budget for the  2013-14  fiscal  year
 and entitled "BT131-4".
 S. 8306                            12                            A. 8806

   § 16. Paragraph d of subdivision 10 of section 3602-e of the education
 law,  as  amended by section 23-c of part A of chapter 56 of the laws of
 2021, is amended to read as follows:
   d. Notwithstanding any other provision of this section, apportionments
 under this section greater than the amounts provided in the two thousand
 sixteen--two  thousand  seventeen  school  year  shall  only  be used to
 supplement and not supplant current local  expenditures  of  [state  or]
 local funds on prekindergarten programs and the number of eligible full-
 day  four-year-old  prekindergarten  pupils and eligible full-day three-
 year-old prekindergarten pupils in  such  programs  from  such  sources.
 Current  local  expenditures  shall  include  any  local expenditures of
 [state or] local funds used to supplement or  extend  services  provided
 directly  or  via  contract to eligible children enrolled in a universal
 prekindergarten program pursuant to this section.
   § 17. Subdivision 13 of section 3602-ee of the education law, as added
 by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
 read as follows:
   13. Apportionments under this section shall only be used to supplement
 and not supplant current local expenditures of federal[, state] or local
 funds on pre-kindergarten programs and  the  number  of  slots  in  such
 programs from such sources. Current local expenditures shall include any
 local expenditures of federal[, state] or local funds used to supplement
 or  extend  services provided directly or via contract to eligible chil-
 dren enrolled  in  a  universal  pre-kindergarten  program  pursuant  to
 section thirty-six hundred two-e of this part.
   §  18.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 16 of part A of chapter 56 of the laws  of  2023,  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-four]  TWENTY-FIVE; provided that the program shall continue and
 remain in full effect.
   § 19. Paragraphs a and b of subdivision 16  of  section  3641  of  the
 education law, as added by section 2 of part C of chapter 56 of the laws
 of  2014,  subparagraph 3 of paragraph b as amended by section 3 of part
 YYY of chapter 59 of the laws of 2017, are amended to read as follows:
   a. Definitions. The following terms, whenever used or referred  to  in
 this subdivision, unless the context indicates otherwise, shall have the
 following meanings:
   (1) "Bonds" shall mean general obligation bonds issued pursuant to the
 "smart  schools  bond act of 2014" in accordance with article VII of the
 New York state constitution and article five of the state finance law.
   [(2) "Smart schools review board" shall mean a body comprised  of  the
 chancellor  of  the  state  university  of New York, the director of the
 budget, and the commissioner, or their respective designees.
   (3)] (2)  "Smart  schools  investment  plan"  shall  mean  a  document
 prepared by a school district setting forth the smart schools project or
 projects to be undertaken with such district's smart schools allocation.
   [(4)]  (3) "Smart schools project" shall mean a capital project as set
 forth and defined in subparagraphs  FOUR,  five,  six[,]  OR  seven  [or
 eight] of this paragraph.
   [(5)]  (4)  "Pre-kindergarten  or  transportable  classroom unit (TCU)
 replacement project" shall mean a capital project which,  as  a  primary
 purpose,  expands  the availability of adequate and appropriate instruc-
 tional space for pre-kindergarten  or  provides  for  the  expansion  or
 S. 8306                            13                            A. 8806
 
 construction  of adequate and appropriate instructional space to replace
 TCUs.
   [(6)]  (5)  "Community  connectivity  project"  shall  mean  a capital
 project which, as a primary purpose,  expands  high-speed  broadband  or
 wireless  internet connectivity in the local community, including school
 buildings and campuses, for  enhanced  educational  opportunity  in  the
 state.
   [(7)]  (6) "Classroom technology project" shall mean a capital project
 to expand high-speed broadband or wireless internet connectivity  solely
 for  school  buildings  and  campuses, or to acquire learning technology
 hardware for schools, classrooms, and student  use,  including  but  not
 limited  to  whiteboards,  computer  servers,  desktop computers, laptop
 computers, and tablet computers.
   [(8)] (7) "School safety and security technology project" shall mean a
 capital project to install high-tech security features in school  build-
 ings and on school campuses, including but not limited to video surveil-
 lance,  emergency notification systems and physical access controls, for
 enhanced educational opportunity in the state.
   [(9)] (8) "Selected school aid" shall mean the sum of the amounts  set
 forth  as  "FOUNDATION  AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL
 SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST",  "HARDWARE  &
 TECHNOLOGY",   "SOFTWARE,   LIBRARY,   TEXTBOOK",  "TRANSPORTATION  INCL
 SUMMER", "OPERATING REORG  INCENTIVE",  "CHARTER  SCHOOL  TRANSITIONAL",
 "ACADEMIC  ENHANCEMENT",  "HIGH  TAX  AID", and "SUPPLEMENTAL PUB EXCESS
 COST" under the heading "2013-14 BASE  YEAR  AIDS"  in  the  school  aid
 computer  listing  produced by the commissioner in support of the execu-
 tive budget proposal for the two thousand fourteen-fifteen school year.
   [(10)] (9) "Smart schools allocation"  shall  mean,  for  each  school
 district, the product of (i) two billion dollars ($2,000,000,000) multi-
 plied by (ii) the quotient of such school district's selected school aid
 divided by the total selected school aid to all school districts.
   b.  Smart  schools  investment  plans.  (1)  [The smart schools review
 board] SUBJECT TO THE APPROVAL  OF  THE  DIRECTOR  OF  THE  BUDGET,  THE
 COMMISSIONER  shall  issue  guidelines setting forth required components
 and eligibility criteria  for  smart  schools  investment  plans  to  be
 submitted  by school districts. Such guidelines shall include but not be
 limited to: (i) a timeline  for  school  district  submission  of  smart
 schools investment plans; (ii) any requirements for the use of available
 state procurement options where applicable; (iii) any limitations on the
 amount  of  a  district's  smart schools allocation that may be used for
 assets with a short probable life; and (iv) the loan  of  smart  schools
 classroom  technology  pursuant  to  section seven hundred fifty-five of
 this chapter.
   (2) No school district shall be entitled  to  a  smart  schools  grant
 until such district shall have submitted a smart schools investment plan
 to  the  [smart  schools  review  board]  DEPARTMENT  and received [such
 board's] THE COMMISSIONER'S approval of such investment plan. In  devel-
 oping such investment plan, school districts shall consult with parents,
 teachers, students, community members and other stakeholders.
   (3)  The  [smart  schools  review board] COMMISSIONER shall review all
 smart schools investment  plans  for  compliance  with  all  eligibility
 criteria  and other requirements set forth in the guidelines. The [smart
 schools review board] COMMISSIONER may approve or reject such plans,  or
 may return such plans to the school district for modifications; provided
 that  notwithstanding  any  inconsistent  provision  of  law, the [smart
 schools review board] COMMISSIONER shall  approve  no  such  plan  first
 S. 8306                            14                            A. 8806
 
 submitted  to  the  department on or after April fifteenth, two thousand
 seventeen, unless such plan calculates the amount of classroom technolo-
 gy to be loaned to students  attending  nonpublic  schools  pursuant  to
 section  seven  hundred  fifty-five  of  this  chapter  in a manner that
 includes the amount budgeted by the school district for  servers,  wire-
 less  access  points  and  other  portable  connectivity  devices  to be
 acquired as part of a school connectivity project.  Upon  approval,  the
 smart schools project or projects described in the investment plan shall
 be  eligible  for smart schools grants. A smart schools project included
 in a school district's smart schools investment plan shall  not  require
 separate  approval  of  the  commissioner  unless it is part of a school
 construction project required  to  be  submitted  for  approval  of  the
 commissioner  pursuant  to  section  four  hundred eight of this chapter
 and/or subdivision six of section thirty-six hundred two of  this  arti-
 cle. Any department, agency or public authority shall provide the [smart
 schools  review  board]  DEPARTMENT  with any information it requires to
 fulfill its duties pursuant to this subdivision.
   (4) Any amendments or supplements to a smart schools  investment  plan
 shall  be  submitted  to the [smart schools review board] DEPARTMENT for
 approval, and shall not take effect until such approval is granted.
   § 20. 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 chapter 364 of the laws of 2022, 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, [2024]  2028  provided,
 further,  that notwithstanding any provision of article 5 of the general
 construction law, on June 30, [2024] 2028 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.
   § 21. 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. 8306                            15                            A. 8806
 
 intendents, as amended by chapter 364 of the laws of 2022, 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, [2024] 2028.
   §  22.  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,
 S. 8306                            16                            A. 8806

 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-THREE--TWO THOUSAND TWENTY-FOUR 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-THREE--TWO THOUSAND TWENTY-FOUR 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.] IT IS  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 AND TWO THOUSAND TWENTY-FOUR--TWO  THOU-
 SAND TWENTY-FIVE SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT
 TO  A  SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS
 SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
 FILE USED TO PRODUCE THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY  THE
 COMMISSIONER  IN  SUPPORT  OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
 THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE STATE FISCAL YEAR
 AND ENTITLED "BT242-5", 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-FIVE--TWO  THOUSAND  TWENTY-SIX
 SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
 A  SCHOOL  DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
 ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
 PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
 USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
 SIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE
 STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
   § 23. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  18 of part A of chapter 56 of the laws of 2023, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the  two  thousand twenty-three--two thousand twenty-four
 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 individual-
 ized payments due prior to April first for the  current  year  plus  the
 S. 8306                            17                            A. 8806
 
 apportionment  payable during the current school year pursuant to subdi-
 vision six-a and subdivision fifteen of section thirty-six  hundred  two
 of  this  part  minus  any  reductions  to current year aids pursuant to
 subdivision seven of section thirty-six hundred four of this part or any
 deduction  from  apportionment  payable  pursuant  to  this  chapter for
 collection of a school district basic contribution as defined in  subdi-
 vision eight of section forty-four hundred one of this chapter, less any
 grants  provided pursuant to subparagraph two-a of paragraph b of subdi-
 vision four of section ninety-two-c of the state finance law,  less  any
 grants  provided  pursuant  to subdivision five of section ninety-seven-
 nnnn of the state finance law, less  any  grants  provided  pursuant  to
 subdivision twelve of section thirty-six hundred forty-one of this arti-
 cle,  or  (ii) the apportionment calculated by the commissioner based on
 data on file at the time the payment  is  processed;  provided  however,
 that  for  the  purposes  of  any payments made pursuant to this section
 prior to the first business day of June  of  the  current  year,  moneys
 apportioned  shall not include any aids payable pursuant to subdivisions
 six and fourteen, if applicable, of section thirty-six  hundred  two  of
 this  part  as  current  year  aid for debt service on bond anticipation
 notes and/or bonds first issued in the current year or any aids  payable
 for  full-day  kindergarten for the current year pursuant to subdivision
 nine of section thirty-six hundred two of this part. The definitions  of
 "base  year"  and  "current  year"  as  set  forth in subdivision one of
 section thirty-six hundred two of this part shall apply to this section.
 [For aid payable in the two thousand twenty-three--two thousand  twenty-
 four school year, reference to such "school aid computer listing for the
 current  year"  shall  mean  the  printouts entitled "SA232-4".] FOR AID
 PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF:  (I)
 THE  SUM  OF  ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR
 EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN  THE  SCHOOL
 AID  COMPUTER  LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER
 IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE  APPROPRI-
 ATION  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  CHAP-
 TER 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 SUBDIVISIONS SIX OF  SECTION  NINE-
 TY-SEVEN-NNNN  OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSU-
 ANT 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 SUBDI-
 VISIONS  SIX  AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED
 TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT  SERVICE  ON  BOND  ANTIC-
 IPATION  NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS
 PAYABLE FOR FULL-DAY KINDERGARTEN  FOR  THE  CURRENT  YEAR  PURSUANT  TO
 S. 8306                            18                            A. 8806
 
 SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID
 PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEAR,  REFERENCE  TO  SUCH  "SCHOOL AID COMPUTER LISTING FOR THE CURRENT
 YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT242-5".
   §  24.  Paragraph  b of subdivision 2 of section 3612 of the education
 law, as amended by section 22 of part YYY of chapter 59 of the  laws  of
 2019, is amended to read as follows:
   b. Such grants shall be awarded to school districts, within the limits
 of funds appropriated therefor, through a competitive process that takes
 into  consideration  the  magnitude  of  any shortage of teachers in the
 school district, the number of teachers employed in the school  district
 who hold temporary licenses to teach in the public schools of the state,
 the  number of provisionally certified teachers, the fiscal capacity and
 geographic sparsity of the district, the  number  of  new  teachers  the
 school district intends to hire in the coming school year and the number
 of summer in the city student internships proposed by an eligible school
 district,  if applicable. Grants provided pursuant to this section shall
 be used only for the purposes enumerated in this section.  Notwithstand-
 ing any other provision of law to the contrary, a city  school  district
 in a city having a population of one million or more inhabitants receiv-
 ing a grant pursuant to this section may use no more than eighty percent
 of  such  grant  funds  for any recruitment, retention and certification
 costs associated with transitional certification of  teacher  candidates
 for  the  school  years  two  thousand one--two thousand two through two
 thousand [twenty-three] TWENTY-EIGHT--two thousand  [twenty-four]  TWEN-
 TY-NINE.
   §  25.  Subdivision 6 of section 4402 of the education law, as amended
 by section 23 of part YYY of chapter 59 of the laws of 2019, is  amended
 to read as follows:
   6.  Notwithstanding any other law, rule or regulation to the contrary,
 the board of education of a city school district with  a  population  of
 one  hundred twenty-five thousand or more inhabitants shall be permitted
 to establish  maximum  class  sizes  for  special  classes  for  certain
 students  with  disabilities  in  accordance with the provisions of this
 subdivision. For the purpose of obtaining relief from any adverse fiscal
 impact from under-utilization of special education resources due to  low
 student  attendance  in  special  education  classes  at  the middle and
 secondary level as determined by the commissioner, such boards of educa-
 tion shall, during the school years nineteen hundred  ninety-five--nine-
 ty-six  through  June thirtieth, two thousand [twenty-four] TWENTY-NINE,
 be authorized to increase class  sizes  in  special  classes  containing
 students  with  disabilities whose age ranges are equivalent to those of
 students in middle and secondary schools as defined by the  commissioner
 for  purposes  of  this  section  by up to but not to exceed one and two
 tenths times the applicable maximum class size specified in  regulations
 of  the  commissioner  rounded  up to the nearest whole number, provided
 that in a city school district having a population  of  one  million  or
 more, classes that have a maximum class size of fifteen may be increased
 by  no  more  than  one  student and provided that the projected average
 class size shall not exceed the  maximum  specified  in  the  applicable
 regulation,  provided  that  such  authorization shall terminate on June
 thirtieth, two thousand. Such authorization shall be granted upon filing
 of a notice by such a board of education with the  commissioner  stating
 the  board's  intention to increase such class sizes and a certification
 that the board will conduct  a  study  of  attendance  problems  at  the
 secondary  level and will implement a corrective action plan to increase
 S. 8306                            19                            A. 8806
 
 the rate of attendance of students in such classes to at least the  rate
 for students attending regular education classes in secondary schools of
 the  district.  Such  corrective  action  plan  shall  be  submitted for
 approval  by  the commissioner by a date during the school year in which
 such board increases class sizes as provided pursuant to  this  subdivi-
 sion  to  be  prescribed  by the commissioner. Upon at least thirty days
 notice to the board of education, after conclusion of the school year in
 which such board increases class sizes  as  provided  pursuant  to  this
 subdivision,  the  commissioner  shall  be  authorized to terminate such
 authorization upon a finding that the board has  failed  to  develop  or
 implement an approved corrective action plan.
   §  26. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
 of 1995, amending the education law and other laws relating to state aid
 to school districts and the appropriation of funds for  the  support  of
 government,  as  amended  by section 38 of part YYY of chapter 59 of the
 laws of 2019, are amended to read as follows:
   (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
 fourteen,  one hundred fifteen and one hundred sixteen of this act shall
 take effect on July 1, 1995; provided, however, that section one hundred
 thirteen of this act shall remain in full force and effect until July 1,
 [2024] 2029 at which time it shall be deemed repealed;
   (24) sections one hundred eighteen through one hundred thirty of  this
 act  shall  be deemed to have been in full force and effect on and after
 July 1, 1995; provided further, however, that the amendments made pursu-
 ant to section one hundred twenty-four of this act shall be deemed to be
 repealed on and after July 1, [2024] 2029;
   § 27. 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
 20  of  part  A of chapter 56 of the laws of 2023, 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, reimbursement for the 2021--2022 school
 year shall not exceed 56.0 percent of  the  lesser  of  such  approvable
 costs  per  contact  hour or sixteen dollars and forty cents per contact
 hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
 percent of the lesser of such  approvable  costs  per  contact  hour  or
 sixteen  dollars  and  sixty cents per contact hour, [and] reimbursement
 for the 2023--2024 school year shall not  exceed  54.7  percent  of  the
 lesser  of  such  approvable costs per contact hour or seventeen dollars
 and seventy cents per contact hour, AND REIMBURSEMENT FOR THE 2024--2025
 SCHOOL YEAR SHALL NOT EXCEED 56.6 PERCENT OF THE LESSER OF SUCH APPROVA-
 BLE COSTS PER CONTACT HOUR OR NINETEEN DOLLARS AND TEN 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
 S. 8306                            20                            A. 8806
 
 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); 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); for
 the 2022--2023 school year such  contact  hours  shall  not  exceed  one
 million  four  hundred six thousand nine hundred twenty-six (1,406,926);
 [and] for the 2023--2024 school year such contact hours shall not exceed
 one million three hundred forty-two thousand nine  hundred  seventy-five
 (1,342,975); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL
 NOT  EXCEED  ONE  MILLION SIXTY-THREE THOUSAND EIGHT HUNDRED TWENTY-NINE
 (1,063,829). Notwithstanding any other provision of law to the contrary,
 the apportionment calculated for the city school district of the city of
 New York pursuant to subdivision 11 of section 3602 of the education law
 shall be computed as if such contact hours provided  by  the  consortium
 for  worker education, not to exceed the contact hours set forth herein,
 were eligible for aid in accordance with the provisions of such subdivi-
 sion 11 of section 3602 of the education law.
   § 28. 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 cc to read as follows:
   CC.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY AFTER THE
 COMPLETION OF PAYMENTS FOR THE 2024-25 SCHOOL YEAR.  NOTWITHSTANDING ANY
 INCONSISTENT PROVISIONS OF LAW,  THE  COMMISSIONER  OF  EDUCATION  SHALL
 WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
 AND  SHALL  NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
 ($11,500,000).
   § 29. 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 22 of part A of
 chapter 56 of the laws of 2023, is amended to read as follows:
   § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
 repealed June 30, [2024] 2025.
   §  30. Paragraph (d) of subdivision 1 of section 2856 of the education
 law, as amended by section 36-c of part A of chapter 56 of the  laws  of
 2021, is amended to read as follows:
   (d)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter. Provided that for expenses  incurred  in  the  two  thousand
 twenty--two  thousand twenty-one school year, for a city school district
 in a city having a population of one million or more, the annual  appor-
 tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
 upon certification by the director of the budget of the availability  of
 a  grant  in  the  same  amount from the elementary and secondary school
 emergency relief funds provided through the American rescue plan act  of
 2021  (P.L. 117-2).   PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
 TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR,  FOR  A
 CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
 S. 8306                            21                            A. 8806
 
 MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY  THIRTY-FIVE  MILLION
 DOLLARS  ($35,000,000)  UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET
 OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT  FROM  THE  ELEMENTARY
 AND  SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L.  117-2).
   § 31. Paragraph (c) of subdivision 1 of section 2856 of the  education
 law,  as  amended by section 36-d of part A of chapter 56 of the laws of
 2021, is amended to read as follows:
   (c) School districts shall be eligible  for  an  annual  apportionment
 equal  to  the  amount of the supplemental basic tuition for the charter
 school in the base year for the expenses incurred in  the  two  thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen, two thousand sixteen--two thousand seventeen school  years  and
 thereafter.  Provided  that  for  expenses  incurred in the two thousand
 twenty--two thousand twenty-one school year, for a city school  district
 in  a city having a population of one million or more, the annual appor-
 tionment shall be reduced by thirty-five million  dollars  ($35,000,000)
 upon  certification by the director of the budget of the availability of
 a grant in the same amount from  the  elementary  and  secondary  school
 emergency  relief funds provided through the American rescue plan act of
 2021 (P.L. 117-2).  PROVIDED FURTHER THAT FOR EXPENSES INCURRED  IN  THE
 TWO  THOUSAND  TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A
 CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
 MORE,  THE  ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION
 DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF  THE  BUDGET
 OF  THE  AVAILABILITY  OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY
 AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE  AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2).
   §  32. Subdivision 3 of section 27 of part A of chapter 56 of the laws
 of 2023 directing the education department to  conduct  a  comprehensive
 study  of  alternative  tuition  rate-setting methodologies for approved
 providers operating school-age and preschool  programs  receiving  state
 funding, is amended to read as follows:
   3.  The  state  education department shall present its recommendations
 and analysis to the governor, the director of the division of the  budg-
 et,  the temporary president of the senate, the speaker of the assembly,
 the chairperson of the senate finance committee, and the chairperson  of
 the assembly ways and means committee no later than July 1, [2025] 2027.
 Adoption  of any alternative rate-setting methodologies shall be subject
 to the approval of the director of the division of the budget.
   § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating to certain provisions related to the 1994-95 state  operations,
 aid to localities, capital projects and debt service budgets, as amended
 by section 23 of part A of chapter 56 of the laws of 2022, 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,
 S. 8306                            22                            A. 8806
 
 twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
 deemed repealed on March 31, [2024] 2029.
   §  34.  Section 26 of subpart F of part C of chapter 97 of the laws of
 2011 amending the education law relating to census reporting, as amended
 by section 46 of part YYY of chapter 59 of the laws of 2019, is  amended
 to read as follows:
   §  26.  This act shall take effect immediately provided, however, that
 the provisions of section three of this act shall expire June 30, [2024]
 2029 when upon such date the provisions of such section shall be  deemed
 repealed; provided, further that the provisions of sections eight, elev-
 en,  twelve,  thirteen  and twenty of this act shall expire July 1, 2014
 when upon such date the provisions of  such  sections  shall  be  deemed
 repealed.
   §  35.  Special  apportionment for salary expenses. 1. 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 2025 and not later than the last  day  of  the  third  full
 business week of June 2025, 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, 2025, for salary expenses incurred between April 1 and
 June 30, 2024 and such apportionment shall not exceed the sum of (a) 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 (b)
 186 percent of such amount for a city school district in a city  with  a
 population  in  excess of 1,000,000 inhabitants, plus (c) 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  (d)  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 (e) 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.
   2. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  one 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. 8306                            23                            A. 8806
 
   3. 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  one  and  two of this section shall first be deducted from
 the following payments due the school district during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 36. Special apportionment for public pension accruals. 1.   Notwith-
 standing any other provision of law, upon application to the commission-
 er  of education, not later than June 30, 2025, 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, 2025 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.
   2. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  one 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.
   3. 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  one  and  two of this section shall first be deducted from
 the following payments due the school district during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 S. 8306                            24                            A. 8806
 
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 37. 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:
   1. for the development, maintenance or expansion of magnet schools  or
 magnet  school  programs  for  the  2024--2025 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).
   2. 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:  (a)  any  instructional  or
 instructional  support  costs  associated with the operation of a magnet
 school; or (b) 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.
   3. 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
 S. 8306                            25                            A. 8806
 
 improvement  and  dropout prevention for the 2024--2025 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
 2024--2025 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.
   4.  For the purpose of teacher support for the 2024--2025 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.
   §  38.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2024  enacting
 the  aid  to  localities  budget shall be apportioned for the 2024--2025
 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 such 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 2024--2025
 by a chapter of the laws of 2024 enacting the aid to  localities  budget
 shall  fulfill  the state's obligation to provide such aid and, pursuant
 to a plan developed by the commissioner of education and approved by the
 director of the budget, the aid payable to libraries and library systems
 pursuant to such appropriations  shall  be  reduced  proportionately  to
 assure  that  the  total amount of aid payable does not exceed the total
 appropriations for such purpose.
 S. 8306                            26                            A. 8806
 
   § 39. Severability. The provisions of this act shall be severable, and
 if the application of  any  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act  to any person or circumstance shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision, section, part
 of  this  act  or  remainder  thereof,  as the case may be, to any other
 person or circumstance, but shall be confined in its  operation  to  the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   §  40.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2024, provided,
 however, that:
   1. sections one, two, three, four,  five,  six,  eight,  ten,  twelve,
 thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-three,
 twenty-four, twenty-five, twenty-nine and thirty-seven of this act shall
 take effect July 1, 2024;
   2. section seven of this act shall take effect July 1, 2025;
   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-seven  and
 twenty-eight of this act shall not affect the repeal of such chapter and
 shall be deemed repealed therewith; and
   4. the amendments to paragraph (d) of subdivision 1 of section 2856 of
 the education law made by section thirty of this act shall be subject to
 the expiration and reversion of such subdivision pursuant to subdivision
 d  of  section  27  of chapter 378 of the laws of 2007, as amended, when
 upon such date the provisions of section thirty-one of  this  act  shall
 take effect.
 
                                  PART B
 
   Section 1. The education law is amended by adding a new section 818 to
 read as follows:
   § 818. EVIDENCE-BASED AND SCIENTIFICALLY BASED READING INSTRUCTION. 1.
 (A)  ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER
 SHALL PROVIDE SCHOOL DISTRICTS WITH THE INSTRUCTIONAL BEST PRACTICES FOR
 THE TEACHING OF READING TO STUDENTS  IN  PREKINDERGARTEN  THROUGH  GRADE
 THREE.    INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF READING SHALL
 BE EVIDENCE-BASED AND SCIENTIFICALLY BASED, FOCUSING ON  READING  COMPE-
 TENCY  IN  THE AREAS OF PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOP-
 MENT, READING FLUENCY, COMPREHENSION,  INCLUDING  BACKGROUND  KNOWLEDGE,
 ORAL  LANGUAGE  AND  WRITING, ORAL SKILL DEVELOPMENT, AND ALIGN WITH THE
 CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK.   SUCH  INSTRUCTIONAL
 BEST  PRACTICES  SHALL BE PERIODICALLY UPDATED BY THE COMMISSIONER WHERE
 APPROPRIATE.
   (B) ALL SCHOOL DISTRICTS IN THE  STATE  SHALL  ANNUALLY  REVIEW  THEIR
 CURRICULUM  AND  INSTRUCTIONAL  PRACTICES  IN THE SUBJECT OF READING FOR
 STUDENTS IN PREKINDERGARTEN THROUGH GRADE  THREE  TO  ENSURE  THAT  THEY
 ALIGN  WITH  THE  READING  INSTRUCTIONAL  BEST  PRACTICES  ISSUED BY THE
 COMMISSIONER, AND THAT ALL EARLY  READING  INSTRUCTIONAL  PRACTICES  AND
 INTERVENTIONS  ARE  PART  OF AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT
 READING OUTCOMES IN PREKINDERGARTEN THROUGH GRADE THREE.
   2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
 S. 8306                            27                            A. 8806

   (A) "CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK" MEANS A FRAME-
 WORK THAT PROMOTES LEARNING ENVIRONMENTS THAT AFFIRM RACIAL, LINGUISTIC,
 AND  CULTURAL  IDENTITIES;  ENGAGES  STUDENTS  WITH RIGOROUS, SUPPORTIVE
 INSTRUCTION; DEVELOPS THEIR ABILITIES TO CONNECT ACROSS LINES OF DIFFER-
 ENCE;  ELEVATES  HISTORICALLY MARGINALIZED VOICES; AND EMPOWERS STUDENTS
 AS AGENTS OF SOCIAL CHANGE.
   (B) "EVIDENCE-BASED AND SCIENTIFICALLY BASED" MEANS AN  INTERDISCIPLI-
 NARY  BODY OF RESEARCH THAT DESCRIBES HOW READING AND WRITING SKILLS AND
 COMPETENCIES DEVELOP FROM PREKINDERGARTEN  THROUGH  SECONDARY  EDUCATION
 AND PROVIDES EVIDENCE-BASED GUIDANCE TO INFORM CURRICULUM AND PEDAGOGY.
   (C)  "PHONEMIC AWARENESS" MEANS THE ABILITY TO NOTICE, THINK ABOUT AND
 MANIPULATE INDIVIDUAL SOUNDS IN SPOKEN SYLLABLES AND WORDS.
   (D) "COMPREHENSION" MEANS A FUNCTION OF WORD  RECOGNITION  SKILLS  AND
 LANGUAGE  COMPREHENSION SKILLS AND SHALL INCLUDE HAVING SUFFICIENT BACK-
 GROUND INFORMATION AND VOCABULARY FOR THE READER TO UNDERSTAND THE WORDS
 IN FRONT OF THEM. IT ALSO INCLUDES  THE  ACTIVE  PROCESS  THAT  REQUIRES
 INTENTIONAL THINKING, DURING WHICH MEANING IS CONSTRUCTED THROUGH INTER-
 ACTIONS BETWEEN THE TEXT AND THE READER. COMPREHENSION SKILLS ARE TAUGHT
 EXPLICITLY  BY  DEMONSTRATING,  EXPLAINING,  MODELING  AND  IMPLEMENTING
 SPECIFIC COGNITIVE STRATEGIES TO HELP BEGINNING READERS  DERIVE  MEANING
 THROUGH INTENTIONAL, PROBLEM-SOLVING THINKING PROCESSES.
   (E)  "READING  FLUENCY"  MEANS THE ABILITY TO READ WORDS, PHRASES, AND
 SENTENCES ACCURATELY, AT AN APPROPRIATE SPEED, AND WITH EXPRESSION.
   (F) "VOCABULARY DEVELOPMENT" MEANS THE PROCESS OF ACQUIRING NEW  WORDS
 AND  INCLUDES IMPROVING ALL AREAS OF COMMUNICATION, INCLUDING LISTENING,
 SPEAKING, READING, AND WRITING, WHICH  IS  DIRECTLY  RELATED  TO  SCHOOL
 ACHIEVEMENT AND IS A STRONG PREDICTOR FOR READING SUCCESS.
   3.  ON  OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ON OR
 BEFORE SEPTEMBER FIRST OF EACH YEAR THEREAFTER, ALL SCHOOL DISTRICTS  IN
 THE  STATE  SHALL  CERTIFY TO THE COMMISSIONER THAT THEIR CURRICULUM AND
 INSTRUCTIONAL STRATEGIES AND TEACHER  PROFESSIONAL  DEVELOPMENT  IN  THE
 SUBJECT OF READING IN PREKINDERGARTEN THROUGH GRADE THREE ALIGN WITH ALL
 OF  THE  ELEMENTS  OF  THE  INSTRUCTIONAL  BEST  PRACTICES ISSUED BY THE
 COMMISSIONER PURSUANT TO THIS SECTION.
   4. COMPLIANCE WITH THIS SECTION SHALL BE  SUBJECT  TO  REVIEW  BY  THE
 COMMISSIONER  PURSUANT TO SECTION THREE HUNDRED TEN OF THIS TITLE AND BY
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 61 to read as follows:
   61. A. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
 COMMISSIONER  SHALL REQUIRE EACH SCHOOL DISTRICT TO OBTAIN DOCUMENTATION
 REFLECTING ONE OF THE FOLLOWING FROM THE  PARENT  OR  GUARDIAN  OF  EACH
 STUDENT  OR, IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY
 EMANCIPATED, SUCH STUDENT, DURING THE SCHOOL YEAR IN WHICH  THE  STUDENT
 IS  A  SENIOR  ENROLLED  IN  SUCH  SCHOOL DISTRICT: (1) CERTIFICATION OF
 COMPLETION AND SUBMISSION OF EITHER THE  FREE  APPLICATION  FOR  FEDERAL
 STUDENT AID (FAFSA) FOR SUCH STUDENT OR, IF APPLICABLE, THE JOSE PERALTA
 NEW YORK STATE DREAM ACT APPLICATION; OR (2) COMPLETION OF A WAIVER FORM
 PROMULGATED  BY  THE  DEPARTMENT,  TO BE FILED WITH THE STUDENT'S SCHOOL
 DISTRICT INDICATING THAT THE PARENT OR GUARDIAN OR, IF  THE  STUDENT  IS
 EIGHTEEN  YEARS  OF  AGE  OR  OLDER OR LEGALLY EMANCIPATED, THE STUDENT,
 UNDERSTANDS WHAT THE FAFSA IS AND HAS CHOSEN NOT TO FILE AN  APPLICATION
 S. 8306                            28                            A. 8806
 
 PURSUANT  TO  THE  PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH. FOR
 PURPOSES OF SUBPARAGRAPH ONE OF THIS  PARAGRAPH,  THE  REQUIRED  CERTIF-
 ICATION  SHALL  NOT DESIGNATE WHICH TYPE OF APPLICATION WAS SUBMITTED BY
 THE PARENT, GUARDIAN, OR STUDENT.
   B.  ON  AND  AFTER  JULY  FIRST, TWO THOUSAND TWENTY-FIVE, EACH SCHOOL
 DISTRICT SHALL ANNUALLY REPORT TO THE DEPARTMENT THE FOLLOWING DATA  FOR
 ALL SENIORS ENROLLED IN SUCH SCHOOL DISTRICT, AGGREGATED BY HIGH SCHOOL:
 (1)  THE TOTAL NUMBER OF STUDENTS CERTIFIED TO HAVE SUBMITTED EITHER THE
 FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) OR, IF APPLICABLE,  THE
 JOSE  PERALTA  NEW  YORK  STATE DREAM ACT APPLICATION; (2) THE NUMBER OF
 STUDENTS WHO COMPLETED A WAIVER PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
 SION; AND (3) THE TOTAL NUMBER OF SENIORS ENROLLED.
   C. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY
 TO  IMPLEMENT THIS SUBDIVISION, INCLUDING REQUIRING EACH SCHOOL DISTRICT
 TO GIVE NOTICE, NO LESS THAN FOUR TIMES DURING EACH SCHOOL YEAR, WITH AN
 EXPLANATION TO EACH HIGH SCHOOL SENIOR OF THE  STATE-SPONSORED  SCHOLAR-
 SHIPS,  FINANCIAL  AID  AND  ASSISTANCE  AVAILABLE TO STUDENTS ATTENDING
 COLLEGE OR POST-SECONDARY EDUCATION, AND TO PROVIDE ACCESS AND/OR REFER-
 RALS TO SUPPORT OR ASSISTANCE NECESSARY FOR COMPLETION OF THE FAFSA.
   § 2. This act shall take effect on the first of July  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 D
 
   Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
 section 6401 of the education law, as amended by chapter 717 of the laws
 of 1981, is amended to read as follows:
   Notwithstanding  the  provisions of any other law, in order to qualify
 for state aid apportionments pursuant to this section,  any  institution
 of  higher  education  must  meet  either  the requirements set forth in
 subparagraphs (i) through [(v)] (VI) of this paragraph or, in the alter-
 native, the requirements set forth in paragraph (b) of this subdivision:
   § 2. Paragraph (a) of subdivision 2 of section 6401 of  the  education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI)  THE  INSTITUTION  MUST  HAVE TOTAL ENDOWMENT ASSETS OF LESS THAN
 SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000), BASED  ON  THE  MOST
 RECENT  ACADEMIC  YEAR  DATA  COLLECTED  IN THE INTEGRATED POSTSECONDARY
 EDUCATION DATA SYSTEM, AS REQUIRED UNDER TITLE IV OF THE  HIGHER  EDUCA-
 TION  ACT  OF  1965,  AS  AMENDED,  AND  REPORTED  BY  THE DEPARTMENT OF
 EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS.
   § 3. Paragraph (b) of subdivision 2 of section 6401 of  the  education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI)  THE  SPONSORING COLLEGE MUST HAVE TOTAL ENDOWMENT ASSETS OF LESS
 THAN SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000),  BASED  ON  THE
 MOST RECENT ACADEMIC YEAR DATA COLLECTED IN THE INTEGRATED POSTSECONDARY
 EDUCATION  DATA  SYSTEM, AS REQUIRED UNDER TITLE IV OF THE HIGHER EDUCA-
 TION ACT OF  1965,  AS  AMENDED,  AND  REPORTED  BY  THE  DEPARTMENT  OF
 EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS.
   § 4. Subdivision 3 of section 6401 of the education law, as amended by
 chapter 361 of the laws of 2014, is amended to read as follows:
   3.  Degree  awards.  The  amount  of such annual apportionment to each
 institution meeting the requirements of subdivision two of this  section
 shall  be  computed  by multiplying by not to exceed six hundred dollars
 S. 8306                            29                            A. 8806
 
 the number of earned associate degrees, by not to  exceed  one  thousand
 five  hundred dollars the number of earned bachelor's degrees, by not to
 exceed nine hundred fifty dollars the number of earned master's degrees,
 and by not to exceed four thousand five hundred fifty dollars the number
 of  earned  doctorate  degrees, conferred by such institution during the
 twelve-month period next preceding the  annual  period  for  which  such
 apportionment  is  made,  provided that there shall be excluded from any
 such computation the number of degrees earned by students  with  respect
 to whom state aid other than that established by this section or section
 sixty-four  hundred  one-a  of  this  article is granted directly to the
 institution, and provided further that, except as otherwise provided  in
 this  subdivision,  the amount apportioned for an associate degree shall
 be awarded only to two year institutions  qualifying  under  subdivision
 two  of  this  section.  The regents shall promulgate rules defining and
 classifying professional degrees  for  the  purposes  of  this  section.
 Institutions  qualifying  for  state  aid  pursuant to the provisions of
 paragraph (b) of subdivision two of this section shall, for purposes  of
 this subdivision, be deemed to be the institutions which confer degrees.
 For  purposes  of  this  subdivision,  a  two-year institution which has
 received authority to confer  bachelor  degrees  shall  continue  to  be
 considered  a  two-year  institution  until such time as it has actually
 begun to confer the bachelor's degree. Thereafter,  notwithstanding  any
 other provision of law to the contrary, an institution which was former-
 ly a two-year institution for the purposes of this section and which was
 granted  authority  by  the regents to confer bachelor degrees, (a) such
 authority having been granted after the  first  day  of  June,  nineteen
 hundred ninety-three, but before the first day of July, nineteen hundred
 ninety-three, (b) such authority having been granted after the first day
 of  May,  two thousand five, but before the first day of June, two thou-
 sand five, (c) such authority having been granted after the first day of
 April, two thousand nine, but before the first day of May, two  thousand
 nine,  or  (d) such authority having been granted after the first day of
 December, two thousand nine, but before the first day  of  January,  two
 thousand ten, may elect to continue to receive awards for earned associ-
 ate  degrees. Should such institution so elect, it shall not be eligible
 during the time of such election to receive awards for earned bachelor's
 degrees. NOTWITHSTANDING THE PRECEDING PROVISIONS OF  THIS  SUBDIVISION,
 IN  THE EVENT THAT THE TOTAL AMOUNT OF SUCH ANNUAL APPORTIONMENTS TO ALL
 INSTITUTIONS MEETING THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION
 WOULD OTHERWISE EXCEED THE TOTAL AMOUNT  APPROPRIATED  FOR  UNRESTRICTED
 AID  TO  INDEPENDENT COLLEGES AND UNIVERSITIES, THE ANNUAL APPORTIONMENT
 TO EACH SUCH INSTITUTION SHALL BE REDUCED PROPORTIONALLY.
   § 5. This act shall take effect July 1, 2024.
 
                                  PART E
 
   Section 1. Paragraph d of subdivision 7 of section 2-d of  the  educa-
 tion law, as added by section 1 of subpart L of part AA of chapter 56 of
 the laws of 2014, is amended to read as follows:
   d.  Nothing  in  this  section  shall  limit the administrative use of
 student data or teacher or principal data by a person acting exclusively
 in the person's capacity as an employee of an educational agency  or  of
 the state or any of its political subdivisions, any court or the federal
 government  that  is  otherwise required by law. NOTHING IN THIS SECTION
 SHALL LIMIT THE SHARING OF STUDENT DATA WITH THE NEW YORK  STATE  HIGHER
 EDUCATION SERVICES CORPORATION, THE STATE UNIVERSITY OF NEW YORK, OR THE
 S. 8306                            30                            A. 8806
 
 CITY  UNIVERSITY  OF  NEW  YORK FOR EDUCATIONAL PURPOSES PURSUANT TO THE
 PROVISIONS OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT,  20  U.S.C.
 SECTION 1232G.
   §  2.  Section  655  of  the  education law is amended by adding a new
 subdivision 9-a to read as follows:
   9-A. TO PROVIDE TO ANY STATE EDUCATIONAL AUTHORITY SUCH ASSISTANCE AND
 DATA AS THE PRESIDENT DEEMS NECESSARY  FOR  PURPOSES  OF  FINANCIAL  AID
 PROGRAM EVALUATION.
   § 3. This act shall take effect immediately.
 
                                  PART F
 
   Section  1. Section 16 of chapter 260 of the laws of 2011 amending the
 education law and the New York state urban development  corporation  act
 relating  to establishing components of the NY-SUNY 2020 challenge grant
 program, as amended by section 4 of part DD of chapter 56 of the laws of
 2021, is amended to read as follows:
   § 16. This act shall take effect July 1, 2011; provided [that sections
 one, two, three, four, five, six, eight, nine, ten, eleven,  twelve  and
 thirteen  of  this  act  shall expire 13 years after such effective date
 when upon such date the provisions of this act shall be deemed repealed;
 and provided further] that sections fourteen and  fifteen  of  this  act
 shall expire 5 years after such effective date when upon such date [the]
 SUCH provisions [of this act] shall be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   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  V  of
 chapter 56 of the laws of 2023, is amended to read as follows:
   §  3.  This act shall take effect immediately [and shall expire and be
 deemed repealed April 1, 2024]; 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 and shall be deemed to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART H
 
   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 Z of chapter 56 of the  laws  of  2023,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$175.00] $181.00 for each month beginning on or after
 January first, two thousand [twenty-three] TWENTY-FOUR.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$202.00] $208.00 for each month beginning on
 or after January first, two thousand [twenty-three] TWENTY-FOUR.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$241.00] $249.00 for each month
 beginning on or after January first, two thousand  [twenty-three]  TWEN-
 TY-FOUR.
 S. 8306                            31                            A. 8806
 
   (d)  for  the  period  commencing January first, two thousand [twenty-
 four] TWENTY-FIVE, 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-four] TWENTY-FIVE, but prior  to  June  thirtieth,  two
 thousand [twenty-four] TWENTY-FIVE, 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
 Z of chapter 56 of the laws of 2023, are amended to read as follows:
   (a)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, for an eligible individual living  alone,  [$1,001.00]  $1,030.00;
 and for an eligible couple living alone, [$1,475.00] $1,519.00.
   (b)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, for an eligible individual living  with  others  with  or  without
 in-kind  income,  [$937.00]  $966.00;  and for an eligible couple living
 with others with or without in-kind income, [$1,417.00] $1,461.00.
   (c) On and after January first, two  thousand  [twenty-three]  TWENTY-
 FOUR,  (i) for an eligible individual receiving family care, [$1,180.48]
 $1,209.48 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,
 [$1,142.48] $1,171.48; 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-three] TWENTY-
 FOUR,  (i)  for  an  eligible  individual  receiving  residential  care,
 [$1,349.00] $1,378.00 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,  [$1,319.00]  $1,348.00; 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-three] TWENTY-
 FOUR, (i) for an  eligible  individual  receiving  enhanced  residential
 care,  [$1,608.00]  $1,637.00; 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-four] TWENTY-
 FIVE  but  prior  to  June   thirtieth,   two   thousand   [twenty-four]
 TWENTY-FIVE.
   § 3. This act shall take effect December 31, 2024.
 S. 8306                            32                            A. 8806
 
                                  PART I
 
   Section  1. Clause (iv) of subparagraph 5 of paragraph (b) of subdivi-
 sion 1 of section 413 of the family court act, as amended by chapter 567
 of the laws of 1989, is amended to read as follows:
   (iv) at the discretion of the court, the court may attribute or impute
 income from[,] such other resources as may be available to  the  parent,
 including, but not limited to:
   (A) non-income producing assets,
   (B) meals, lodging, memberships, automobiles or other perquisites that
 are  provided  as part of compensation for employment to the extent that
 such perquisites constitute expenditures  for  personal  use,  or  which
 expenditures directly or [indirecly] INDIRECTLY confer personal economic
 benefits,
   (C)  fringe  benefits provided as part of compensation for employment,
 and
   (D) money, goods, or services provided by relatives and friends;
   IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED,
 THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF  THE  PARENT,  TO
 THE  EXTENT  KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI-
 DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS,  EDUCATIONAL  ATTAIN-
 MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI-
 ERS,  RECORD  OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF
 EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL  IN  THE
 LOCAL  COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE,
 NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED  BY  THE  CHILD  SUPPORT
 ORDER.  ATTRIBUTION  OR  IMPUTATION  OF  INCOME  SHALL BE ACCOMPANIED BY
 SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER-
 MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU-
 ANT TO THIS CLAUSE;
   § 2. Clause (iv) of subparagraph 5 of paragraph (b) of subdivision 1-b
 of section 240 of the domestic relations law, as added by chapter 567 of
 the laws of 1989, is amended to read as follows:
   (iv) at the discretion of the court, the court may attribute or impute
 income from[,] such other resources as may be available to  the  parent,
 including, but not limited to:
   (A) non-income producing assets,
   (B) meals, lodging, memberships, automobiles or other perquisites that
 are  provided  as part of compensation for employment to the extent that
 such perquisites constitute expenditures  for  personal  use,  or  which
 expenditures directly or [indirecly] INDIRECTLY confer personal economic
 benefits,
   (C)  fringe  benefits provided as part of compensation for employment,
 and
   (D) money, goods, or services provided by relatives and friends;
   IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED,
 THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF  THE  PARENT,  TO
 THE  EXTENT  KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI-
 DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS,  EDUCATIONAL  ATTAIN-
 MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI-
 ERS,  RECORD  OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF
 EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL  IN  THE
 LOCAL  COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE,
 NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED  BY  THE  CHILD  SUPPORT
 ORDER.  ATTRIBUTION  OR  IMPUTATION  OF  INCOME  SHALL BE ACCOMPANIED BY
 SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER-
 S. 8306                            33                            A. 8806

 MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU-
 ANT TO THIS CLAUSE;
   § 3. Paragraph (k) of subdivision 1 of section 413 of the family court
 act,  as  amended by chapter 567 of the laws of 1989, is amended to read
 as follows:
   (k) When a party has defaulted and/or the court is otherwise presented
 with insufficient evidence to determine gross income, [the  court  shall
 order  child  support  based upon the needs or standard of living of the
 child, whichever is greater] THE SUPPORT OBLIGATION SHALL  BE  BASED  ON
 AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN
 ACCORDANCE  WITH  CLAUSE  (IV)  OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF
 THIS SUBDIVISION. Such order may be retroactively modified upward, with-
 out a showing of change in circumstances.
   § 4. Paragraph (k) of subdivision 1-b of section 240 of  the  domestic
 relations  law,  as added by chapter 567 of the laws of 1989, is amended
 to read as follows:
   (k) When a party has defaulted and/or the court is otherwise presented
 with insufficient evidence to determine gross income, [the  court  shall
 order  child  support  based upon the needs or standard of living of the
 child, whichever is greater] THE SUPPORT OBLIGATION SHALL  BE  BASED  ON
 AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN
 ACCORDANCE  WITH  CLAUSE  (IV)  OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF
 THIS SUBDIVISION. Such order may be retroactively modified upward, with-
 out a showing of change in circumstances.
   § 5. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1 of
 section 413 of the family court act, as amended by chapter  313  of  the
 laws of 2019, is amended to read as follows:
   (v)  an  amount  imputed  as  income  based  upon  the parent's former
 resources or income, if the court determines that a parent  has  reduced
 resources  or income in order to reduce or avoid the parent's obligation
 for child support; provided that incarceration shall not  be  considered
 voluntary  unemployment[,  unless  such  incarceration  is the result of
 non-payment of a child support order, or an offense against  the  custo-
 dial parent or child who is the subject of the order or judgment];
   §  6. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1-b
 of section 240 of the domestic relations law, as amended by chapter  313
 of the laws of 2019, is amended to read as follows:
   (v)  an  amount  imputed  as  income  based  upon  the parent's former
 resources or income, if the court determines that a parent  has  reduced
 resources  or income in order to reduce or avoid the parent's obligation
 for child support; provided that incarceration shall not  be  considered
 voluntary  unemployment[,  unless  such  incarceration  is the result of
 non-payment of a child support order, or an offense against  the  custo-
 dial parent or child who is the subject of the order or judgment];
   § 7. Paragraph (a) of subdivision 3 of section 451 of the family court
 act,  as  amended by chapter 313 of the laws of 2019, is amended to read
 as follows:
   (a) The court may modify an order of child support, including an order
 incorporating  without  merging  an  agreement  or  stipulation  of  the
 parties,  upon  a  showing  of  a  substantial  change in circumstances.
 Incarceration shall not be considered voluntary unemployment  and  shall
 not  be a bar to finding a substantial change in circumstances [provided
 such incarceration is not the result of non-payment of a  child  support
 order,  or  an  offense against the custodial parent or child who is the
 subject of the order or judgment].
 S. 8306                            34                            A. 8806
 
   § 8. Clause (i) of subparagraph 2 of paragraph b of subdivision  9  of
 part B of section 236 of the domestic relations law, as amended by chap-
 ter 313 of the laws of 2019, is amended to read as follows:
   (i) The court may modify an order of child support, including an order
 incorporating  without  merging  an  agreement  or  stipulation  of  the
 parties, upon a  showing  of  a  substantial  change  in  circumstances.
 Incarceration  shall  not be considered voluntary unemployment and shall
 not be a bar to finding a substantial change in circumstances  [provided
 such  incarceration  is not the result of non-payment of a child support
 order, or an offense against the custodial parent or child  who  is  the
 subject of the order or judgment].
   §  9.  This  act shall take effect immediately, and shall apply to any
 action or proceeding pending upon or commenced on or after  such  effec-
 tive date.
 
                                  PART J
 
   Section 1. Subdivision 1 of section 206-c of the labor law, as amended
 by chapter 672 of the laws of 2022, is amended to read as follows:
   1.  An employer shall provide [reasonable unpaid] PAID break time [or]
 FOR UP TO TWENTY MINUTES, AND permit an employee to  use  EXISTING  paid
 break  time or meal time FOR TIME IN EXCESS OF TWENTY MINUTES,  to allow
 an employee to express breast milk for her nursing child each time  such
 employee  has  reasonable  need  to  express breast milk for up to three
 years following child birth. No employer shall discriminate in  any  way
 against  an  employee  who  chooses  to  express breast milk in the work
 place.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
                                  PART K
 
   Section 1. Subdivision 1-a of section 198 of the labor law, as amended
 by chapter 362 of the laws of 2015, is amended to read as follows:
   1-a.  On behalf of any employee paid less than the wage to which he or
 she is entitled under the provisions of this article,  the  commissioner
 may  bring  any legal action necessary, including administrative action,
 to collect such claim and as part of such legal action, in  addition  to
 any other remedies and penalties otherwise available under this article,
 the  commissioner  shall  assess against the employer the full amount of
 any such underpayment, and an additional amount as  liquidated  damages,
 unless  the  employer  proves  a good faith basis for believing that its
 underpayment of wages was in compliance with the law. Liquidated damages
 shall be calculated by the commissioner as  no  more  than  one  hundred
 percent of the total amount of wages found to be due, except such liqui-
 dated  damages may be up to three hundred percent of the total amount of
 the wages found to be due for a willful violation of section one hundred
 ninety-four of this article. In any action instituted in the courts upon
 a wage claim by an employee or the commissioner in  which  the  employee
 prevails, the court shall allow such employee to recover the full amount
 of  any underpayment, all reasonable attorney's fees, prejudgment inter-
 est as required under the civil practice law and rules, and, unless  the
 employer  proves  a good faith basis to believe that its underpayment of
 wages was in compliance with the law, an additional amount as liquidated
 damages equal to one hundred percent of the total amount  of  the  wages
 found  to  be  due,  except  such  liquidated damages may be up to three
 S. 8306                            35                            A. 8806
 
 hundred percent of the total amount of the wages found to be due  for  a
 willful  violation  of  section one hundred ninety-four of this article.
 NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION,  LIQUIDATED  DAMAGES
 SHALL  NOT BE APPLICABLE TO VIOLATIONS OF PARAGRAPH A OF SUBDIVISION ONE
 OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE WHERE THE EMPLOYEE WAS
 PAID IN ACCORDANCE WITH THE AGREED TERMS OF  EMPLOYMENT,  BUT  NOT  LESS
 FREQUENTLY THAN SEMI-MONTHLY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become  a law.
 
                                  PART L
 
   Section 1. Subdivision 3 of section 218 of the labor law,  as  amended
 by chapter 2 of the laws of 2015, is amended to read as follows:
   3.  (A)  Provided  that  no  proceeding for administrative or judicial
 review as provided in this chapter shall then be pending  and  the  time
 for  initiation  of such proceeding shall have expired, the commissioner
 may file with the county clerk of the county where the employer  resides
 or  has  a place of business the order of the commissioner, or the deci-
 sion of the industrial board of appeals containing the amount  found  to
 be  due  including  the civil penalty, if any, and at the commissioner's
 discretion, an additional fifteen percent damages upon  any  outstanding
 monies  owed.  [At]  NOTWITHSTANDING  ANY  PROVISION TO THE CONTRARY, IN
 EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO
 THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED  UPON
 SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT
 THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL
 EXPENSES  PAID  IN  THE  PERFORMANCE  OF SUCH DUTY. ADDITIONALLY, AT the
 request of an employee, the commissioner shall assign, without consider-
 ation or liability, that portion of the  filed  order  that  constitutes
 wages,  wage  supplements,  interest  on  wages  or wage supplements, or
 liquidated damages due that employee, to that employee and may  file  an
 assignment or order in that amount in the name of that employee with the
 county  clerk of the county where the employer resides or has a place of
 business. The filing of such assignment, order or  decision  shall  have
 the  full  force and effect of a judgment duly docketed in the office of
 such clerk. The assignment[, order or decision] may be enforced [by  and
 in  the  name  of  the  commissioner, or] by the employee[,] 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.
   (B)  IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
 THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
 CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE  PENDING  AND  THE
 TIME  FOR  INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
 SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL,  DIRECTED  TO  THE
 SHERIFF  OF  ANY  COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL
 AND PERSONAL PROPERTY WHICH MAY BE  FOUND  WITHIN  THEIR  COUNTY  OF  AN
 EMPLOYER  WHO  HAS  DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE
 DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH  INTER-
 EST,  PENALTIES,  AND  THE  COST OF EXECUTING THE WARRANT, AND TO RETURN
 SUCH WARRANT TO THE COMMISSIONER AND TO PAY  INTO  THE  FUND  THE  MONEY
 COLLECTED  BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH
 WARRANT.  THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT  OF  THE
 WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON
 SUCH  CLERK  SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER
 MENTIONED IN THE WARRANT AND THE AMOUNT OF THE  CONTRIBUTION,  INTEREST,
 S. 8306                            36                            A. 8806
 
 AND  PENALTIES  FOR  WHICH  THE WARRANT IS ISSUED AND THE DATE WHEN SUCH
 COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT  SO  DOCKETED  SHALL
 BECOME  A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT-
 TELS  OF  THE  EMPLOYER  AGAINST  WHOM THE WARRANT IS ISSUED IN THE SAME
 MANNER AS A JUDGMENT DULY DOCKETED IN THE  OFFICE  OF  SUCH  CLERK.  THE
 SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH
 LIKE  EFFECT,  AS  THAT  PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED
 AGAINST PROPERTY UPON JUDGMENTS OF A COURT  OF  RECORD,  AND  FOR  THEIR
 SERVICES  IN  EXECUTING  THE  WARRANT THEY SHALL BE ENTITLED TO THE SAME
 FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER.
   (C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT  OF  LIKE  TERMS,
 FORCE,  AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
 OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH  THE
 CLERK  OF  ANY  COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
 DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME  MANNER  AND  WITH  THE
 SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
 ISSUED  AND  DIRECTED  TO  AND  FILED BY A SHERIFF; AND IN THE EXECUTION
 THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED  BY
 LAW  UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
 IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF  SUCH  DUTY.
 IF  A  WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
 HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF  THE  COMMIS-
 SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
   §  2.  Subdivision  3  of  section 219 of the labor law, as amended by
 chapter 2 of the laws of 2015, is amended to read as follows:
   3. (A) Provided that no  proceeding  for  administrative  or  judicial
 review  as  provided  in this chapter shall then be pending and the time
 for initiation of such proceeding shall have expired,  the  commissioner
 may  file with the county clerk of the county where the employer resides
 or has a place of business the order of the commissioner or the decision
 of the industrial board of appeals containing the  amount  found  to  be
 due,  including, at the commissioner's discretion, an additional fifteen
 percent damages upon any outstanding monies owed.  [At]  NOTWITHSTANDING
 ANY  PROVISION  TO  THE  CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION
 FILED BY THE COMMISSIONER PURSUANT TO  THIS  SECTION,  THE  COMMISSIONER
 SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE
 OF  THE  CIVIL  PRACTICE LAW AND RULES, BUT THEY SHALL BE ENTITLED TO NO
 FEE OR COMPENSATION IN  EXCESS  OF  THE  ACTUAL  EXPENSES  PAID  IN  THE
 PERFORMANCE  OF  SUCH DUTY. ADDITIONALLY, AT the request of an employee,
 the commissioner shall assign, without consideration or liability,  that
 portion  of  the  filed  order that constitutes wages, wage supplements,
 interest on wages or wage supplements, or  liquidated  damages  due  the
 employee,  to  that employee and may file an assignment or order in that
 amount in the name of such employee with the county clerk of the  county
 where  the  employer  resides  or has a place of business. The filing of
 such assignment, order or decision shall have the full force and  effect
 of  a  judgment  duly  docketed in the office of such clerk. The assign-
 ment[, order or decision] may be enforced [by and in  the  name  of  the
 commissioner,  or]  by the employee[,] 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.
   (B)  IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
 THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
 CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE  PENDING  AND  THE
 TIME  FOR  INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
 SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL,  DIRECTED  TO  THE
 S. 8306                            37                            A. 8806
 
 SHERIFF  OF  ANY  COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL
 AND PERSONAL PROPERTY WHICH MAY BE  FOUND  WITHIN  THEIR  COUNTY  OF  AN
 EMPLOYER  WHO  HAS  DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE
 DUE  FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER-
 EST, PENALTIES, AND THE COST OF EXECUTING THE  WARRANT,  AND  TO  RETURN
 SUCH  WARRANT  TO  THE  COMMISSIONER  AND TO PAY INTO THE FUND THE MONEY
 COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF  SUCH
 WARRANT.  THE  SHERIFF  SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE
 WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON
 SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF  THE  EMPLOYER
 MENTIONED  IN  THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST,
 AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND  THE  DATE  WHEN  SUCH
 COPY  IS  FILED.  THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL
 BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND  CHAT-
 TELS REAL OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME
 MANNER  AS  A  JUDGMENT  DULY  DOCKETED IN THE OFFICE OF SUCH CLERK. THE
 SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH
 LIKE EFFECT, AS THAT PROVIDED BY LAW IN  RESPECT  TO  EXECUTIONS  ISSUED
 AGAINST  PROPERTY  UPON  JUDGMENTS  OF  A COURT OF RECORD, AND FOR THEIR
 SERVICES IN EXECUTING THE WARRANT THEY SHALL BE  ENTITLED  TO  THE  SAME
 FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER.
   (C)  IN  THE  DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
 FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR  EMPLOYEE
 OF  THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
 CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH  SUCH  CLERK  SHALL
 DOCKET  IT  AND  IT  SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
 SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
 ISSUED AND DIRECTED TO AND FILED BY A  SHERIFF;  AND  IN  THE  EXECUTION
 THEREOF  SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
 LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR  COMPENSATION
 IN  EXCESS  OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
 IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE  COMMISSIONER  SHALL
 HAVE  THE  SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
 SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
   § 3. This act shall take effect immediately.

                                  PART M
 
   Section 1. Section 2 of chapter 25 of the laws of  2020,  relating  to
 providing  requirements  for  sick  leave  and  the provision of certain
 employee benefits when such  employee  is  subject  to  a  mandatory  or
 precautionary  order  of  quarantine  or  isolation  due to COVID-19, is
 amended to read as follows:
   § 2. This act shall take effect immediately AND SHALL  EXPIRE  AND  BE
 DEEMED REPEALED JULY 31, 2024.
   § 2. This act shall take effect immediately.
 
                                  PART N
 
   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, 2025.  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
 S. 8306                            38                            A. 8806
 
 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 2023-2024 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, 2024.
   §  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, 2025. 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
 2023-2024 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,
 2024.
   § 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 $23,180,000 for the fiscal year ending March
 31, 2025.  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
 $23,180,000, 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 2023-2024 in accordance with section 2429-b  of  the  public
 authorities  law,  if any, and/or (ii) provided that the reserves in the
 S. 8306                            39                            A. 8806
 
 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, 2024.
   § 4. Notwithstanding any other provision of law, the homeless  housing
 and  assistance  corporation  may  provide, for purposes of the New York
 state supportive housing program,  the  solutions  to  end  homelessness
 program or the operational support for AIDS housing program, or to qual-
 ified  grantees under such programs, in accordance with the requirements
 of such programs, a sum not to exceed $53,580,000 for  the  fiscal  year
 ending  March  31, 2025. The homeless housing and assistance corporation
 may enter into an agreement with the office of temporary and  disability
 assistance to administer such sum in accordance with the requirements of
 such  programs.  Notwithstanding any other provision of law, and subject
 to the approval of the New York state director of the budget, the  board
 of  directors  of  the state of New York mortgage agency shall authorize
 the transfer to the homeless housing and assistance corporation, a total
 sum not to exceed $53,580,000, 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 2023-2024 in accordance with section 2429-b
 of the public authorities law, if any, and/or  (ii)  provided  that  the
 reserves in the project pool insurance account of the mortgage insurance
 fund  created  pursuant  to section 2429-b of the public authorities law
 are sufficient to attain and maintain the credit rating as determined by
 the state of New  York  mortgage  agency,  required  to  accomplish  the
 purposes  of  such  account,  the  project pool insurance account of the
 mortgage insurance fund, such transfer shall be made as soon as  practi-
 cable but no later than March 31, 2025.
   § 5. This act shall take effect immediately.
 
                                  PART O

   Section  1.  Short  title. This act shall be known and may be cited as
 the "heirs property protection and deed theft prevention act of 2024".
   § 2. Subdivision 3 of section 30.10 of the criminal procedure  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H)  A  PROSECUTION  FOR  ANY  FELONY RELATED TO A DEED THEFT OR WHERE
 THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL  PROPERTY
 MUST BE COMMENCED WITHIN EIGHT YEARS AFTER THE COMMISSION OF THE CRIME.
   §  3.  The penal law is amended by adding a new article 162 to read as
 follows:
                                 ARTICLE 162
                   RESIDENTIAL AND COMMERCIAL DEED THEFT
 SECTION 162.00 DEFINITIONS.
         162.05 DEED THEFT IN THE THIRD DEGREE.
         162.10 DEED THEFT IN THE SECOND DEGREE.
         162.15 DEED THEFT IN THE FIRST DEGREE.
         162.20 AGGRAVATED DEED THEFT.
 § 162.00 DEFINITIONS.
 S. 8306                            40                            A. 8806
 
   FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (1) "DEED THEFT" IS COMMITTED BY A PERSON WHO:
   (A) INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS PROPERTY
 DOCUMENTS  SUCH  AS  A RESIDENTIAL OR COMMERCIAL DEED OR TITLE, WITH THE
 INTENT TO DECEIVE, DEFRAUD OR UNLAWFULLY TRANSFER OR ENCUMBER THE OWNER-
 SHIP RIGHTS OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR
   (B) WITH INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE  OWNER  OR
 AUTHORIZED  REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY TO
 INDUCE OTHERS TO RELY ON SUCH  FALSE  INFORMATION  IN  ORDER  TO  OBTAIN
 OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR
   (C) WITH INTENT TO DEFRAUD, TAKES, OBTAINS, STEALS, OR TRANSFERS TITLE
 OR  OWNERSHIP  OF REAL PROPERTY BY FRAUD, FORGERY, LARCENY, OR ANY OTHER
 FRAUDULENT OR DECEPTIVE PRACTICE.
   (2) "RESIDENTIAL REAL PROPERTY" OR ANY DERIVATIVE WORD  THEREOF  SHALL
 HAVE  THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION 187.00
 OF THIS PART.
   (3) "COMMERCIAL REAL PROPERTY" OR ANY DERIVATIVE  WORD  THEREOF  SHALL
 HAVE  THE SAME MEANING AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX OF
 SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE REAL PROPERTY TAX LAW.
   (4) "MIXED-USE PROPERTY" SHALL HAVE THE SAME  MEANING  AS  DEFINED  IN
 SUBDIVISION  TWENTY-TWO  OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE
 REAL PROPERTY TAX LAW.
   (5) "INCOMPETENT" SHALL HAVE THE SAME MEANING AS  DEFINED  IN  SECTION
 1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW.
   (6)  "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF MENTAL
 DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL
 HYGIENE LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN  PROP-
 ERTY  AND/OR  PERSONAL  NEEDS, AND IS LIKELY TO SUFFER HARM BECAUSE SUCH
 PERSON IS UNABLE TO UNDERSTAND AND  APPRECIATE  THE  NATURE  AND  CONSE-
 QUENCES  OF  NOT  BEING  ABLE TO CARE FOR THEIR PROPERTY AND/OR PERSONAL
 NEEDS.
 § 162.05 DEED THEFT IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF DEED THEFT IN THE THIRD DEGREE WHEN SUCH  PERSON
 COMMITS DEED THEFT OF ONE COMMERCIAL REAL PROPERTY.
   DEED THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 162.10 DEED THEFT IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF DEED THEFT IN THE SECOND DEGREE WHEN SUCH PERSON
 COMMITS  DEED  THEFT  OF:  (1) ONE RESIDENTIAL REAL PROPERTY; OR (2) ONE
 COMMERCIAL MIXED-USE PROPERTY WITH AT LEAST ONE RESIDENTIAL UNIT; OR (3)
 THREE OR MORE COMMERCIAL PROPERTIES.
   DEED THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 162.15 DEED THEFT IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF DEED THEFT IN THE FIRST DEGREE WHEN SUCH PERSON:
   (1) COMMITS DEED THEFT OF A RESIDENTIAL PROPERTY THAT IS OCCUPIED AS A
 HOME BY AT LEAST ONE PERSON; OR (2) COMMITS DEED THEFT OF A  RESIDENTIAL
 PROPERTY  THAT  INVOLVES  A HOME THAT IS OWNED OR OCCUPIED BY AN ELDERLY
 PERSON OR AN INCOMPETENT, OR  AN  INCAPACITATED  PERSON,  OR  PHYSICALLY
 DISABLED PERSON.
   DEED THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
 § 162.20 AGGRAVATED DEED THEFT.
   A  PERSON  IS GUILTY OF AGGRAVATED DEED THEFT WHEN SUCH PERSON COMMITS
 DEED THEFT OF THREE OR MORE RESIDENTIAL PROPERTIES.
   AGGRAVATED DEED THEFT IS A CLASS B FELONY.
   § 4. Subdivision 3 of section 187.00 of the penal law, as  amended  by
 chapter 507 of the laws of 2009, is amended to read as follows:
 S. 8306                            41                            A. 8806
 
   3.  "Residential  real  property"  means real property THAT IS USED OR
 OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY,  AS  THE
 HOME  OR  RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT
 IS improved by a one-to-four family dwelling, or a residential unit in a
 building  including  units  owned  as  condominiums  or on a cooperative
 basis, used or occupied, or intended to be used or occupied,  wholly  or
 partly,  as  the home or residence of one or more persons, but shall not
 refer to unimproved real property upon which such dwellings  are  to  be
 constructed.
   §  5.  Section 993 of the real property actions and proceedings law is
 amended by adding a new subdivision 12 to read as follows:
   12. PROHIBITION ON INITIATION OF  A  PARTITION  ACTION.  NO  PARTITION
 ACTION  RELATED TO AN HEIRS PROPERTY MAY BE INITIATED BY A CO-TENANT WHO
 DID NOT INHERIT THEIR SHARE OR SHARES FROM A RELATIVE OR BY A  CO-TENANT
 WHO IS NOT A RELATIVE OF A CO-TENANT WHO INHERITED THEIR SHARE OR SHARES
 OF THE HEIRS PROPERTY FROM A RELATIVE.
   §  6.  Section 993 of the real property actions and proceedings law is
 amended by adding a new subdivision 13 to read as follows:
   13. RIGHT OF FIRST REFUSAL. (A) WHEN A CO-TENANT RECEIVES A BONA  FIDE
 OFFER TO PURCHASE A SHARE OR SHARES OF AN HEIRS PROPERTY AND THE CO-TEN-
 ANT INTENDS TO ACCEPT OR RESPOND WITH A COUNTEROFFER, THE CO-TENANTS WHO
 INHERITED  THEIR  SHARE OR SHARES OF THE PROPERTY, OR THE CO-TENANTS WHO
 ARE RELATIVES TO THOSE CO-TENANTS WHO INHERITED THEIR SHARE OR SHARES OF
 THE PROPERTY SHALL HAVE THE RIGHT TO PURCHASE SUCH SHARES FOR THE  IDEN-
 TICAL PRICE, TERMS, AND CONDITIONS OF THE OFFER OR COUNTEROFFER.
   (B)  IT  SHALL  BE  THE DUTY OF THE NON-CO-TENANT WHO MADE THE INITIAL
 OFFER FOR THE SHARE OR SHARES OF THE PROPERTY AS WELL AS  THE  CO-TENANT
 WHO  RECEIVED THE OFFER TO EXERCISE ALL DUE DILIGENCE TO IDENTIFY ALL OF
 THE OTHER CO-TENANTS TO THE PROPERTY AND NOTIFY SUCH CO-TENANTS  OF  THE
 PENDING  OFFER.  NOTICE SHALL BE MADE IN THE SAME MANNER AS SET FORTH IN
 SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE  LAW  AND  RULES.  THE
 OTHER  CO-TENANTS SHALL HAVE NINETY DAYS FROM THE DATE THEY ARE NOTIFIED
 OF THE OFFER TO MATCH SUCH OFFER.
   (C) IN THE EVENT THAT THE OTHER CO-TENANTS ARE  NOT  NOTIFIED  OF  THE
 OFFER  AND  THE  SALE IS COMPLETED, AND THE OFFEROR DID NOT EXERCISE THE
 REQUIRED DUE DILIGENCE TO NOTIFY THE OTHER CO-TENANTS OF THE HEIRS PROP-
 ERTY, THE OTHER CO-TENANTS SHALL HAVE THE RIGHT TO PURCHASE  THE  SHARES
 FROM  THE NON-RELATIVE CO-TENANT FOR THE PRICE PAID BY SUCH NON-RELATIVE
 CO-TENANT, PLUS ANY APPLICABLE INTEREST AT A RATE  OF  TWO  PERCENT  PER
 ANNUM. SUCH RIGHT SHALL EXPIRE NINETY DAYS AFTER THE OTHER CO-TENANTS TO
 THE HEIRS PROPERTY ARE MADE AWARE OF THE SALE.
   §  7.  The real property law is amended by adding a new section 424 to
 read as follows:
   § 424.  TRANSFER ON DEATH DEED. 1. DEFINITIONS. FOR  THE  PURPOSES  OF
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "BENEFICIARY"  MEANS A PERSON WHO RECEIVES PROPERTY IN A TRANSFER
 ON DEATH DEED.
   (B) "DESIGNATED BENEFICIARY" MEANS  A  PERSON  DESIGNATED  TO  RECEIVE
 PROPERTY IN A TRANSFER ON DEATH DEED.
   (C)   "JOINT OWNER" MEANS AN INDIVIDUAL WHO OWNS PROPERTY CONCURRENTLY
 WITH ONE OR MORE OTHER INDIVIDUALS WITH A RIGHT OF  SURVIVORSHIP.    THE
 TERM  INCLUDES  A JOINT TENANT, OWNER OF COMMUNITY PROPERTY WITH A RIGHT
 OF SURVIVORSHIP AND TENANT BY THE ENTIRETY. THE TERM DOES NOT INCLUDE  A
 TENANT  IN  COMMON  OR  OWNER  OF  COMMUNITY PROPERTY WITHOUT A RIGHT OF
 SURVIVORSHIP.
 S. 8306                            42                            A. 8806
 
   (D) "PERSON" INCLUDES A NATURAL PERSON,  AN  ASSOCIATION,  BOARD,  ANY
 CORPORATION,  WHETHER MUNICIPAL, STOCK OR NON-STOCK, COURT, GOVERNMENTAL
 AGENCY, AUTHORITY OR SUBDIVISION, PARTNERSHIP  OR  OTHER  FIRM  AND  THE
 STATE.
   (E)  "PROPERTY"  MEANS  AN  INTEREST  IN REAL PROPERTY LOCATED IN THIS
 STATE WHICH IS TRANSFERABLE ON THE DEATH OF THE OWNER.
   (F) "TRANSFER ON DEATH  DEED"  MEANS  A  DEED  AUTHORIZED  UNDER  THIS
 SECTION.
   (G)  "TRANSFEROR"  MEANS  AN  INDIVIDUAL WHO MAKES A TRANSFER ON DEATH
 DEED.
   2. NONEXCLUSIVITY.  THIS SECTION DOES NOT AFFECT ANY METHOD OF  TRANS-
 FERRING PROPERTY OTHERWISE PERMITTED UNDER THE LAW OF THIS STATE.
   3. TRANSFER ON DEATH DEED AUTHORIZED. AN INDIVIDUAL MAY TRANSFER PROP-
 ERTY TO ONE OR MORE BENEFICIARIES EFFECTIVE AT THE TRANSFEROR'S DEATH BY
 A TRANSFER ON DEATH DEED.
   4. TRANSFER ON DEATH DEED REVOCABLE. A TRANSFER ON DEATH DEED IS REVO-
 CABLE  EVEN  IF  THE  DEED  OR  ANOTHER  INSTRUMENT  CONTAINS A CONTRARY
 PROVISION.
   5. TRANSFER ON DEATH DEED NONTESTAMENTARY. A TRANSFER ON DEATH DEED IS
 NONTESTAMENTARY.
   6. CAPACITY OF TRANSFEROR. THE CAPACITY REQUIRED TO MAKE OR  REVOKE  A
 TRANSFER  ON  DEATH  DEED IS THE SAME AS THE CAPACITY REQUIRED TO MAKE A
 WILL.
   7. REQUIREMENTS. A TRANSFER ON DEATH DEED:
   (A) EXCEPT AS OTHERWISE PROVIDED IN THIS  SUBDIVISION,  SHALL  CONTAIN
 THE  ESSENTIAL  ELEMENTS  AND FORMALITIES OF A PROPERLY RECORDABLE INTER
 VIVOS DEED;
   (B) SHALL STATE THAT THE TRANSFER TO THE DESIGNATED BENEFICIARY IS  TO
 OCCUR AT THE TRANSFEROR'S DEATH;
   (C) SHALL BE SIGNED BY TWO WITNESSES WHO WERE PRESENT AT THE SAME TIME
 AND WHO WITNESSED THE SIGNING OF THE TRANSFER ON DEATH DEED;
   (D) SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC; AND
   (E)  SHALL  BE  RECORDED  BEFORE  THE TRANSFEROR'S DEATH IN THE PUBLIC
 RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS
 LOCATED IN THE SAME MANNER AS ANY OTHER TYPE OF DEED.
   8. NOTICE, DELIVERY, ACCEPTANCE, CONSIDERATION NOT REQUIRED.  A TRANS-
 FER ON DEATH DEED SHALL BE EFFECTIVE WITHOUT:
   (A)  NOTICE OR DELIVERY TO OR ACCEPTANCE BY THE DESIGNATED BENEFICIARY
 DURING THE TRANSFEROR'S LIFE; OR
   (B) CONSIDERATION.
   9. REVOCATION BY INSTRUMENT AUTHORIZED; REVOCATION BY ACT NOT  PERMIT-
 TED.
   (A)  SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION, AN INSTRUMENT SHALL
 BE EFFECTIVE TO REVOKE A RECORDED TRANSFER ON DEATH DEED, OR ANY PART OF
 IT, ONLY IF THE INSTRUMENT:
   (1) IS ONE OF THE FOLLOWING:
   (A) A TRANSFER ON DEATH DEED THAT REVOKES THE DEED OR PART OF THE DEED
 EXPRESSLY OR BY INCONSISTENCY;
   (B)    AN  INSTRUMENT OF REVOCATION THAT EXPRESSLY REVOKES THE DEED OR
 PART OF THE DEED; OR
   (C) AN INTER VIVOS DEED THAT EXPRESSLY REVOKES THE TRANSFER  ON  DEATH
 DEED OR PART OF THE DEED; AND
   (2)  IS ACKNOWLEDGED BY THE TRANSFEROR AFTER THE ACKNOWLEDGMENT OF THE
 DEED  BEING  REVOKED  AND  RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE
 PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE DEED
 IS RECORDED.
 S. 8306                            43                            A. 8806

   (B) IF A TRANSFER ON DEATH DEED IS MADE BY MORE THAN ONE TRANSFEROR:
   (1)    REVOCATION  BY A TRANSFEROR SHALL NOT AFFECT THE DEED AS TO THE
 INTEREST OF ANOTHER TRANSFEROR; AND
   (2) A DEED OF JOINT OWNERS SHALL ONLY BE REVOKED IF IT IS  REVOKED  BY
 ALL OF THE LIVING JOINT OWNERS.
   (C)    AFTER  A  TRANSFER  ON  DEATH DEED IS RECORDED, IT SHALL NOT BE
 REVOKED BY A REVOCATORY ACT ON THE DEED.
   (D) THIS SECTION SHALL NOT LIMIT THE EFFECT OF AN INTER VIVOS TRANSFER
 OF THE PROPERTY.
   10. EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE.  DURING
 A TRANSFEROR'S LIFE, A TRANSFER ON DEATH DEED SHALL NOT:
   (A)  AFFECT AN INTEREST OR RIGHT OF THE TRANSFEROR OR ANY OTHER OWNER,
 INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE PROPERTY;
   (B) AFFECT AN INTEREST OR RIGHT OF A TRANSFEREE, EVEN IF THE TRANSFER-
 EE HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED;
   (C) AFFECT AN INTEREST OR RIGHT OF A SECURED OR UNSECURED CREDITOR  OR
 FUTURE  CREDITOR  OF  THE TRANSFEROR, EVEN IF THE CREDITOR HAS ACTUAL OR
 CONSTRUCTIVE NOTICE OF THE DEED;
   (D) AFFECT THE TRANSFEROR'S OR  DESIGNATED  BENEFICIARY'S  ELIGIBILITY
 FOR ANY FORM OF PUBLIC ASSISTANCE;
   (E)  CREATE  A  LEGAL OR EQUITABLE INTEREST IN FAVOR OF THE DESIGNATED
 BENEFICIARY; OR
   (F) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF  A  CREDITOR  OF  THE
 DESIGNATED BENEFICIARY.
   11. EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH. (A) EXCEPT
 AS  OTHERWISE PROVIDED IN THE TRANSFER ON DEATH DEED, IN THIS SECTION OR
 IN ANY OTHER SECTION OF LAW WHICH EFFECTS NONPROBATE TRANSFERS,  ON  THE
 DEATH  OF  THE TRANSFEROR, THE FOLLOWING RULES APPLY TO PROPERTY THAT IS
 THE SUBJECT OF A TRANSFER ON DEATH DEED AND OWNED BY THE  TRANSFEROR  AT
 DEATH:
   (1) SUBJECT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH, THE INTEREST IN THE
 PROPERTY  SHALL  BE TRANSFERRED TO THE DESIGNATED BENEFICIARY IN ACCORD-
 ANCE WITH THE DEED.
   (2) THE INTEREST OF A DESIGNATED  BENEFICIARY  IS  CONTINGENT  ON  THE
 DESIGNATED  BENEFICIARY  SURVIVING  THE  TRANSFEROR.  THE  INTEREST OF A
 DESIGNATED BENEFICIARY THAT FAILS TO SURVIVE THE TRANSFEROR LAPSES.
   (3) SUBJECT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH, CONCURRENT  INTER-
 ESTS  SHALL  BE  TRANSFERRED TO THE BENEFICIARIES IN EQUAL AND UNDIVIDED
 SHARES WITH NO RIGHT OF SURVIVORSHIP.
   (4) IF THE TRANSFEROR HAS IDENTIFIED TWO OR MORE DESIGNATED  BENEFICI-
 ARIES  TO RECEIVE CONCURRENT INTERESTS IN THE PROPERTY, THE SHARE OF ONE
 WHICH LAPSES OR FAILS FOR ANY REASON SHALL BE TRANSFERRED TO THE  OTHER,
 OR  TO THE OTHERS IN PROPORTION TO THE INTEREST OF EACH IN THE REMAINING
 PART OF THE PROPERTY HELD CONCURRENTLY.
   (B) SUBJECT TO THIS CHAPTER, A BENEFICIARY TAKES THE PROPERTY  SUBJECT
 TO  ALL  CONVEYANCES,  ENCUMBRANCES,  ASSIGNMENTS, CONTRACTS, MORTGAGES,
 LIENS, AND OTHER INTERESTS TO WHICH  THE  PROPERTY  IS  SUBJECT  AT  THE
 TRANSFEROR'S DEATH. FOR PURPOSES OF THIS PARAGRAPH AND THIS CHAPTER, THE
 RECORDING OF THE TRANSFER ON DEATH DEED SHALL BE DEEMED TO HAVE OCCURRED
 AT THE TRANSFEROR'S DEATH.
   (C)  IF  A  TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY ONE OR MORE
 OTHER JOINT OWNERS, THE PROPERTY THAT IS THE SUBJECT OF  A  TRANSFER  ON
 DEATH  DEED  SHALL  BELONG  TO  THE SURVIVING JOINT OWNER OR OWNERS WITH
 RIGHT OF SURVIVORSHIP.
   (D) IF A TRANSFEROR IS A JOINT OWNER AND IS THE LAST  SURVIVING  JOINT
 OWNER, THE TRANSFER ON DEATH DEED SHALL BE EFFECTIVE.
 S. 8306                            44                            A. 8806

   (E)  A  TRANSFER  ON DEATH DEED TRANSFERS PROPERTY WITHOUT COVENANT OR
 WARRANTY OF TITLE EVEN IF THE DEED CONTAINS A CONTRARY PROVISION.
   12. APPLICABILITY OF INVALIDATING AND REVOCATORY PRINCIPLES. (A) NOTH-
 ING  IN THIS SECTION SHALL LIMIT THE APPLICATION OF PRINCIPLES OF FRAUD,
 UNDUE INFLUENCE, DURESS, MISTAKE,  OR  OTHER  INVALIDATING  CAUSE  TO  A
 TRANSFER OF PROPERTY.
   (B)  DIVORCE,  ANNULMENT  OR DECLARATION OF NULLITY, OR DISSOLUTION OF
 MARRIAGE, SHALL HAVE THE SAME EFFECT ON A  TRANSFER  ON  DEATH  DEED  AS
 OUTLINED IN SECTION 5-1.4 OF THE ESTATES, POWERS AND TRUSTS LAW.
   13.  RENUNCIATION. A BENEFICIARY MAY RENOUNCE ALL OR PART OF THE BENE-
 FICIARY'S INTEREST IN THE SAME MANNER AS IF THE INTEREST WAS TRANSFERRED
 IN A WILL.
   14. LIABILITY FOR CREDITOR CLAIMS AND STATUTORY ALLOWANCES. (A) TO THE
 EXTENT THE TRANSFEROR'S PROBATE ESTATE IS  INSUFFICIENT  TO  SATISFY  AN
 ALLOWED CLAIM AGAINST THE ESTATE OR A STATUTORY ALLOWANCE TO A SURVIVING
 SPOUSE  OR  CHILD, THE ESTATE MAY ENFORCE THE LIABILITY AGAINST PROPERTY
 TRANSFERRED AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED.
   (B) IF MORE THAN ONE PROPERTY IS TRANSFERRED BY ONE OR  MORE  TRANSFER
 ON DEATH DEEDS, THE LIABILITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION IS
 APPORTIONED  AMONG  THE  PROPERTIES IN PROPORTION TO THEIR NET VALUES AT
 THE TRANSFEROR'S DEATH.
   (C) A PROCEEDING TO ENFORCE THE LIABILITY UNDER THIS SECTION  MUST  BE
 COMMENCED NO LATER THAN EIGHTEEN MONTHS AFTER THE TRANSFEROR'S DEATH.
   15.  FORM OF TRANSFER ON DEATH DEED. THE FOLLOWING FORM MAY BE USED TO
 CREATE A TRANSFER ON DEATH DEED. THE OTHER SUBDIVISIONS OF THIS  SECTION
 SHALL  GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO CREATE
 A TRANSFER ON DEATH DEED:
 
 (FRONT OF FORM)
 
 REVOCABLE TRANSFER ON DEATH DEED
 
 NOTICE TO OWNER
 YOU SHOULD CAREFULLY READ ALL INFORMATION ON  THE  OTHER  SIDE  OF  THIS
 FORM.  YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM.
 THIS  FORM  MUST BE RECORDED BEFORE YOUR DEATH, OR IT WILL NOT BE EFFEC-
 TIVE.
 
 IDENTIFYING INFORMATION
 OWNER OR OWNERS MAKING THIS DEED:
 

 ____________________________________________________
 PRINTED NAME                MAILING ADDRESS
 
 
 ____________________________________________________
 PRINTED NAME              MAILING ADDRESS
 
 LEGAL DESCRIPTION OF THE PROPERTY:
 S. 8306                            45                            A. 8806
 
 ____________________________________________________
 
 PRIMARY BENEFICIARY
 I DESIGNATE THE FOLLOWING BENEFICIARY IF THE BENEFICIARY SURVIVES ME.
 
 
 ____________________________________________________
 PRINTED NAME              MAILING ADDRESS, IF AVAILABLE
 
 ALTERNATE BENEFICIARY - OPTIONAL
 IF MY PRIMARY BENEFICIARY DOES NOT SURVIVE ME, I DESIGNATE THE FOLLOWING
 ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME.
 
 
 ____________________________________________________
 PRINTED NAME              MAILING ADDRESS, IF AVAILABLE
 
 TRANSFER ON DEATH
 AT  MY  DEATH,  I  TRANSFER MY INTEREST IN THE DESCRIBED PROPERTY TO THE
 BENEFICIARIES AS DESIGNATED ABOVE. BEFORE MY DEATH, I HAVE THE RIGHT  TO
 REVOKE THIS DEED.
 
 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 SIGNATURE OF WITNESSES
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 
 ____________________________________________________
 SIGNATURE            DATE
 S. 8306                            46                            A. 8806
 
 ____________________________________________________
 
 NOTARY ACKNOWLEDGMENT
 (INSERT NOTARY ACKNOWLEDGMENT FOR DEED HERE)
 
 (BACK OF FORM)
 COMMON QUESTIONS ABOUT THE USE OF THIS FORM
 
 WHAT DOES THE TRANSFER ON DEATH (TOD) DEED DO?
 
 WHEN YOU DIE, THIS DEED TRANSFERS THE DESCRIBED PROPERTY, SUBJECT TO ANY
 LIENS  OR  MORTGAGES  (OR  OTHER  ENCUMBRANCES)  ON THE PROPERTY AT YOUR
 DEATH.  PROBATE IS NOT REQUIRED. THE TOD DEED HAS NO  EFFECT  UNTIL  YOU
 DIE.  YOU  CAN  REVOKE IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE
 PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME. IF YOU  DO  NOT  OWN  ANY
 INTEREST IN THE PROPERTY WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT.
 
 HOW DO I MAKE A TOD DEED?
 
 COMPLETE  THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD
 THE FORM IN EACH COUNTY WHERE ANY PART OF THE PROPERTY IS  LOCATED.  THE
 FORM  HAS  NO  EFFECT UNLESS IT IS ACKNOWLEDGED AND RECORDED BEFORE YOUR
 DEATH.
 
 IS THE "LEGAL DESCRIPTION" OF THE PROPERTY NECESSARY?
 
 YES.
 
 HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY?
 
 THIS INFORMATION MAY BE ON THE DEED YOU  RECEIVED  WHEN  YOU  BECAME  AN
 OWNER  OF  THE  PROPERTY.  THIS INFORMATION MAY ALSO BE AVAILABLE IN THE
 COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY  IS  LOCATED.  IF
 YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
 
 CAN I CHANGE MY MIND BEFORE I RECORD THE TOD DEED?
 
 YES. IF YOU HAVE NOT YET RECORDED THE DEED AND WANT TO CHANGE YOUR MIND,
 SIMPLY TEAR UP OR OTHERWISE DESTROY THE DEED.
 
 HOW DO I "RECORD" THE TOD DEED?
 
 TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF
 THE  COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN
 BY THE COUNTY CLERK TO MAKE THE  FORM  PART  OF  THE  OFFICIAL  PROPERTY
 RECORDS.  IF  THE PROPERTY IS IN MORE THAN ONE COUNTY, YOU SHOULD RECORD
 THE DEED IN EACH COUNTY.

 CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND?
 
 YES. YOU CAN REVOKE THE TOD DEED. NO ONE, INCLUDING  THE  BENEFICIARIES,
 CAN PREVENT YOU FROM REVOKING THE DEED.
 
 HOW DO I REVOKE THE TOD DEED AFTER IT IS RECORDED?
 
 THERE ARE THREE WAYS TO REVOKE A RECORDED TOD DEED:
 S. 8306                            47                            A. 8806
 
 (1)  COMPLETE  AND  ACKNOWLEDGE  A REVOCATION FORM AND RECORD IT IN EACH
 COUNTY WHERE THE PROPERTY IS LOCATED.
 
 (2)  COMPLETE  AND  ACKNOWLEDGE A NEW TOD DEED THAT DISPOSES OF THE SAME
 PROPERTY AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED.
 
 (3) TRANSFER THE PROPERTY TO SOMEONE ELSE  DURING  YOUR  LIFETIME  BY  A
 RECORDED  DEED  THAT  EXPRESSLY REVOKES THE TOD DEED. YOU MAY NOT REVOKE
 THE TOD DEED BY WILL.
 
 I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO?
 
 DO NOT COMPLETE THIS FORM UNDER PRESSURE.   SEEK  HELP  FROM  A  TRUSTED
 FAMILY MEMBER, FRIEND, OR LAWYER.
 
 DO I NEED TO TELL THE BENEFICIARIES ABOUT THE TOD DEED?
 
 NO,  BUT  IT  IS  RECOMMENDED. SECRECY CAN CAUSE LATER COMPLICATIONS AND
 MIGHT MAKE IT EASIER FOR OTHERS TO COMMIT FRAUD.
 
 I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO?
 
 THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS.  IF  YOU  HAVE
 OTHER QUESTIONS, YOU ARE ENCOURAGED TO CONSULT A LAWYER.
 
   16.    FORM OF REVOCATION. THE FOLLOWING FORM MAY BE USED TO CREATE AN
 INSTRUMENT OF REVOCATION UNDER THIS SECTION. THE OTHER  SUBDIVISIONS  OF
 THIS  SECTION  SHALL  GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT
 USED TO REVOKE A TRANSFER ON DEATH DEED.
 
 (FRONT OF FORM)
 REVOCATION OF TRANSFER ON DEATH DEED
 
 NOTICE TO OWNER
 THIS REVOCATION MUST BE RECORDED BEFORE YOU  DIE,  OR  IT  WILL  NOT  BE
 EFFECTIVE.  THIS REVOCATION IS EFFECTIVE ONLY AS TO THE INTERESTS IN THE
 PROPERTY OF OWNERS WHO SIGN THIS REVOCATION.
 
 IDENTIFYING INFORMATION
 OWNER OR OWNERS OF PROPERTY MAKING THIS REVOCATION:
 
 
 ____________________________________________________
 PRINTED NAME                MAILING ADDRESS
 
 
 ____________________________________________________
 PRINTED NAME                MAILING ADDRESS
 
 LEGAL DESCRIPTION OF THE PROPERTY:
 S. 8306                            48                            A. 8806
 
 ____________________________________________________
 
 REVOCATION
 I REVOKE ALL MY PREVIOUS TRANSFERS OF THIS PROPERTY BY TRANSFER ON DEATH
 DEED.
 
 SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 SIGNATURE OF WITNESSES
 
 
 ____________________________________________________
 SIGNATURE            DATE
 

 ____________________________________________________
 SIGNATURE            DATE
 
 NOTARY ACKNOWLEDGMENT
 (INSERT NOTARY ACKNOWLEDGMENT HERE)
 
 (BACK OF FORM)
 
 COMMON QUESTIONS ABOUT THE USE OF THIS FORM
 
 HOW DO I USE THIS FORM TO REVOKE A TRANSFER ON DEATH (TOD) DEED?
 
 COMPLETE  THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD
 THE FORM IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUN-
 TY WHERE THE PROPERTY IS LOCATED. THE  FORM  MUST  BE  ACKNOWLEDGED  AND
 RECORDED BEFORE YOUR DEATH, OR IT HAS NO EFFECT.
 
 HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY?
 
 THIS INFORMATION MAY BE ON THE TOD DEED. IT MAY ALSO BE AVAILABLE IN THE
 COUNTY  CLERK'S  OFFICE  OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF
 YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
 
 HOW DO I "RECORD" THE FORM?
 S. 8306                            49                            A. 8806
 
 TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF
 THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS  GIVEN
 BY  THE  COUNTY  CLERK  TO  MAKE  THE FORM PART OF THE OFFICIAL PROPERTY
 RECORDS. IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU  SHOULD
 RECORD THE FORM IN EACH OF THOSE COUNTIES.
 
 I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO?
 
 DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMI-
 LY MEMBER, FRIEND, OR LAWYER.
 
 I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO?
 THIS  FORM  IS  DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE
 OTHER QUESTIONS, CONSULT A LAWYER.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law, provided that section 424 of the real property law,
 as added by section seven of this act, shall apply to  any  transfer  on
 death deed made before, on, or after the effective date of this act by a
 transferor dying on or after the effective date of this act.
 
                                  PART P
 
   Section  1. This Part enacts into law components of legislation relat-
 ing to the conveyance and use of real property owned and  maintained  by
 the  state  university  of New York and the New York state department of
 transportation. Each component is  wholly  contained  within  a  Subpart
 identified  as Subparts A through C. The effective date for each partic-
 ular 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 refer-
 ence  to  a  section  "of  this  act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding  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. Legislative findings. The legislature finds that the  state
 university  of  New  York  at  Farmingdale  ("Farmingdale") seeks to use
 approximately 8.7 acres of vacant land on Farmingdale's campus to  build
 multi-purpose  facilities  to support housing needs and supporting amen-
 ities, fulfilling a necessary and vital public purpose. The  legislature
 further  finds that granting the trustees of the State University of New
 York ("Trustees")  the  authority  and  power  to  lease  and  otherwise
 contract  to  make  available  grounds and facilities of the Farmingdale
 campus will ensure such land is utilized for the benefit of Farmingdale,
 the surrounding community, and the general public.
   § 2. Notwithstanding any other law to the contrary, the  Trustees  are
 authorized  and  empowered,  without  any  public  bidding, to lease and
 otherwise contract to make available to  Farmingdale  state  development
 corporation,  a  not-for-profit  corporation  (the  "ground  lessee"), a
 portion of the lands of Farmingdale generally described in this act  for
 the  purpose  of  developing,  constructing,  maintaining  and operating
 multi-purpose facilities to support housing needs and  supporting  amen-
 ities.  Such lease or contract shall be for a period not exceeding nine-
 ty-nine years without any fee simple conveyance and otherwise upon terms
 S. 8306                            50                            A. 8806
 
 and conditions determined by such trustees, subject to the  approval  of
 the director of the division of the budget, the attorney general and the
 state  comptroller.  In  the  event  that  the real property that is the
 subject of such lease or contract shall cease to be used for the purpose
 described  in  this act, such lease or contract shall immediately termi-
 nate and the real property and any improvements thereon shall revert  to
 the  state  university  of  New York. Any lease or contract entered into
 pursuant to this act shall provide that the real property  that  is  the
 subject  of  such  lease  or contract and any improvements thereon shall
 revert to the state university of New York on  the  expiration  of  such
 contract  or lease.   Any and all proceeds related to the leases author-
 ized by this act shall be used for the benefit of the Farmingdale campus
 and the allocation of such proceeds shall be subject to approval by  the
 Trustees.
   §  3. Any contract or lease entered into pursuant to this act shall be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive law, and any contractor, subcontractor, lessee or sublessee  enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement  authorized  pursuant  to  this  act shall be deemed a state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   § 4. Notwithstanding any general, special or  local  law  or  judicial
 decision  to the contrary, all work performed on a project authorized by
 this act where all or any portion thereof involves a lease or  agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation, repair, renovation, alteration or improvement shall  be  subject
 to  and  performed in accordance with the provisions of article 8 of the
 labor law to the same extent and in the same manner as a contract of the
 state.
   § 5. Without limiting the determination of the terms and conditions of
 such contracts or leases, such terms  and  conditions  may  provide  for
 leasing,   subleasing,   construction,  reconstruction,  rehabilitation,
 improvement, operation and management of and provision of  services  and
 assistance  and  the  granting of licenses, easements and other arrange-
 ments with regard to such grounds and facilities  by  Farmingdale  state
 development  corporation, and parties contracting with Farmingdale state
 development corporation, and in connection  with  such  activities,  the
 obtaining  of funding or financing, whether public or private, unsecured
 or secured, including, but not limited to, secured  by  leasehold  mort-
 gages and assignments of rents and leases, by Farmingdale state develop-
 ment corporation and parties contracting with Farmingdale state develop-
 ment corporation for the purposes of completing the project described in
 this act.
   §  6.  Such  lease  shall  include  an indemnity provision whereby the
 lessee or sublessee promises to indemnify, hold harmless and defend  the
 lessor  against all claims, suits, actions, and liability to all persons
 on the leased premises, including tenant, tenant's agents,  contractors,
 subcontractors,  employees,  customers,  guests, licensees, invitees and
 members of the public, for damage to any such person's property, whether
 real or personal, or for personal injuries arising out of  tenant's  use
 or occupation of the demised premises.
   §  7.  Any  contracts  entered  into  pursuant to this act between the
 ground lessee and parties contracting with the ground  lessee  shall  be
 awarded by a competitive process.
 S. 8306                            51                            A. 8806

   §  8.  The property authorized by this act to be leased to Farmingdale
 state development corporation is generally described as that  parcel  of
 real  property  with  improvements  thereon consisting of a total of 8.7
 acres situated on the campus of the State  University  of  New  York  at
 Farmingdale,  subject  to  all  existing  easements  and restrictions of
 record. The description in this section of the parcel to be made  avail-
 able pursuant to this act is not meant to be a legal description, but is
 intended only to identify the parcel:
   The  property is situated at the southwest corner of NYS Route 110 and
 Melville Road. The eastern boundary runs north/south along  the  western
 side  of  NYS  Route  110  with  approximately 450 feet of frontage. The
 northern boundary runs along Melville Road for just over 1,000 feet.
   § 9. The state university of New York shall not lease lands  described
 in  this  act  unless any such lease shall be executed within 5 years of
 the effective date of this act.
   § 10. Insofar as the provisions of this act are inconsistent with  the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 11. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1. Legislative findings. The legislature finds that the state
 university of New York at Stony  Brook  ("Stony  Brook")  seeks  to  use
 approximately  10 acres of underutilized land on Stony Brook's Southamp-
 ton campus to build multi-purpose facilities to  support  housing  needs
 and  supporting  amenities,  fulfilling  a  necessary  and  vital public
 purpose.  The legislature further finds that granting  the  trustees  of
 the State University of New York ("Trustees") the authority and power to
 lease and otherwise contract to make available grounds and facilities of
 Stony  Brook's  campus will ensure such land is utilized for the benefit
 of Stony Brook, the surrounding community, and the general public.
   § 2. Notwithstanding any other law to the contrary, the  Trustees  are
 authorized  and  empowered,  without  any  public  bidding, to lease and
 otherwise contract to make available to a ground lessee a portion of the
 lands of Stony Brook generally described in this act for the purpose  of
 developing, constructing, maintaining and operating multi-purpose facil-
 ities  to  support housing needs and supporting amenities. Such lease or
 contract shall be for a period not exceeding ninety-nine  years  without
 any fee simple conveyance and otherwise upon terms and conditions deter-
 mined  by  such trustees, subject to the approval of the director of the
 division of the budget, the attorney general and the state  comptroller.
 In the event that the real property that is the subject of such lease or
 contract  shall  cease to be used for the purpose described in this act,
 such lease or contract shall immediately terminate and the real property
 and any improvements thereon shall revert to the state university of New
 York. Any lease or contract entered into  pursuant  to  this  act  shall
 provide  that  the  real  property  that is the subject of such lease or
 contract and any improvements thereon shall revert to the state  univer-
 sity  of  New  York on the expiration of such contract or lease. Any and
 all proceeds related to the leases authorized by this act shall be  used
 for  the  benefit  of  the Stony Brook campus and the allocation of such
 proceeds shall be subject to approval by the Trustees.
   § 3. Any contract or lease entered into pursuant to this act shall  be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive  law, and any contractor, subcontractor, lessee or sublessee enter-
 S. 8306                            52                            A. 8806
 
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement authorized pursuant to this act  shall  be  deemed  a  state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   §  4.  Notwithstanding  any  general, special or local law or judicial
 decision to the contrary, all work performed on a project authorized  by
 this  act where all or any portion thereof involves a lease or agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation,  repair,  renovation, alteration or improvement shall be subject
 to and performed in accordance with the provisions of article 8  of  the
 labor law to the same extent and in the same manner as a contract of the
 state.
   § 5. Without limiting the determination of the terms and conditions of
 such  contracts  or  leases,  such  terms and conditions may provide for
 leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
 improvement,  operation  and management of and provision of services and
 assistance and the granting of licenses, easements  and  other  arrange-
 ments  with  regard to such grounds and facilities by the ground lessee,
 and parties contracting with the ground lessee, and in  connection  with
 such  activities,  the obtaining of funding or financing, whether public
 or private, unsecured or secured, including, but not limited to, secured
 by leasehold mortgages and assignments  of  rents  and  leases,  by  the
 ground  lessee  and  parties  contracting with the ground lessee for the
 purposes of completing the project described in this act.
   § 6. Such lease shall  include  an  indemnity  provision  whereby  the
 lessee  or sublessee promises to indemnify, hold harmless and defend the
 lessor against all claims, suits, actions, and liability to all  persons
 on  the leased premises, including tenant, tenant's agents, contractors,
 subcontractors, employees, customers, guests,  licensees,  invitees  and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § 7. Any contracts entered into  pursuant  to  this  act  between  the
 ground  lessee  and  parties contracting with the ground lessee shall be
 awarded by a competitive process.
   § 8. The property authorized by this act to be leased  to  the  ground
 lessee is generally described as approximately 10 acres of land situated
 on  the  Southampton campus of the state university of New York at Stony
 Brook, subject to all existing easements and restrictions of record.
   § 9. The state university of New York shall not lease lands  described
 in  this  act  unless any such lease shall be executed within 5 years of
 the effective date of this act.
   § 10. Insofar as the provisions of this act are inconsistent with  the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 11. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Notwithstanding the provisions of section 400 of the trans-
 portation  law,  or  any  other  provision  of  law to the contrary, the
 commissioner of transportation is hereby  authorized  and  empowered  to
 transfer  and  convey certain state-owned real property, as described in
 section two of this act, upon such terms and conditions as  the  commis-
 sioner may deem appropriate.
 S. 8306                            53                            A. 8806
 
   §  2.  The  lands authorized by this act to be conveyed consist of two
 parcels of land in the town of Babylon, Suffolk county, constituting tax
 map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and
 generally described as approximately twelve and one-half acres  of  land
 located north of Conklin Street and east of Route 110.
   §  3.  The  description  in section two of this act of the lands to be
 conveyed is not intended to be a legal description and is intended  only
 to identify the premises to be conveyed.
   § 4. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or subpart of this part shall be adjudged by any court of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder of that subpart or  this  part,  but
 shall  be  confined in its operation to the clause, sentence, paragraph,
 subdivision, section, or subpart 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 part and each subpart herein
 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 Q
 
   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 AND
 DETERMINED UNDER A ZONING LAW, ORDINANCE, OR RESOLUTION OF A CITY WITH A
 POPULATION OF ONE MILLION OR MORE,  OR  AFTER  CONSULTATION  WITH  LOCAL
 OFFICIALS,  AS  PROVIDED IN A GENERAL PROJECT PLAN OF THE NEW YORK STATE
 URBAN  DEVELOPMENT CORPORATION, THE floor area ratio (FAR) of any dwell-
 ing 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  resol-
 ution  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 R

   Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the
 labor law, as added by section 1 of part FFF of chapter 58 of  the  laws
 of 2020, are amended and a new paragraph e is added to read as follows:
   c. Money loaned by the public entity that is to be repaid on a contin-
 gent basis; [or]
   d.  Credits that are applied by the public entity against repayment of
 obligations to the public entity[.]; OR
   E. BENEFITS UNDER SECTION FOUR HUNDRED SIXTY-SEVEN-M OF THE REAL PROP-
 ERTY TAX LAW.
   § 2. The real property tax law is amended  by  adding  a  new  section
 467-m to read as follows:
 S. 8306                            54                            A. 8806
 
   § 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI-
 PLE  DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.  1.
 DEFINITIONS. FOR PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE-
 FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE
 EXEMPTION  FROM  REAL  PROPERTY  TAXATION  AUTHORIZED  PURSUANT  TO THIS
 SECTION.
   B. "AFFORDABILITY REQUIREMENT" SHALL MEAN  THAT  WITHIN  ANY  ELIGIBLE
 MULTIPLE  DWELLING:  (I)  NOT  LESS  THAN TWENTY PERCENT OF THE DWELLING
 UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE  PERCENT  OF
 THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE
 WEIGHTED  AVERAGE  OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING
 UNITS DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED
 FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR  ALL
 OF  THE  AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR AFFORDABLE
 HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF  THE  AREA  MEDIAN  INCOME,
 ADJUSTED FOR FAMILY SIZE.
   C.  "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
 THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE  DWELLING  FOR  WHICH
 AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
 EACH  SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI-
 OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI-
 LIES 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.
   D.  "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL-
 LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT;  AND  (II)  ANY  OTHER
 UNIT  THAT  MEETS  THE AFFORDABILITY REQUIREMENT UPON INITIAL RENTAL AND
 UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING  THE  RESTRICTION
 PERIOD,  AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS
 OR FAMILIES WHOSE HOUSEHOLD INCOME DOES  NOT  EXCEED  THE  INCOME  BANDS
 ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT.
   E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER-
 VATION AND DEVELOPMENT.
   F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS.
   G.  "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 MULTIPLE DWELLING, 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 SUCH ELIGIBLE MULTIPLE DWELLING.
   H. "COMMENCEMENT DATE" SHALL MEAN  THE  DATE  UPON  WHICH  THE  ACTUAL
 CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH.
   I.  "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART-
 MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF
 OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE  DWELL-
 ING.
   J.  "CONSTRUCTION  PERIOD"  SHALL  MEAN,  WITH RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE-
 MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING  ON
 THE DAY PRECEDING THE COMPLETION DATE.
   K.  "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH
 IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
 S. 8306                            55                            A. 8806
 
   L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF  A  NON-RESIDEN-
 TIAL  BUILDING, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, TO AN
 ELIGIBLE MULTIPLE DWELLING.
   M.  "ELIGIBLE  MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING WHICH
 WAS SUBJECT TO AN ELIGIBLE CONVERSION IN WHICH: (I) ALL  DWELLING  UNITS
 INCLUDED  IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX OR
 MORE DWELLING UNITS HAVE BEEN CREATED THROUGH  AN  ELIGIBLE  CONVERSION;
 (III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-TWO  AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-
 THREE; AND (IV) THE COMPLETION DATE IS ON  OR  BEFORE  DECEMBER  THIRTY-
 FIRST, TWO THOUSAND THIRTY-NINE.
   N.  "FISCAL  OFFICER"  SHALL  MEAN  THE COMPTROLLER OR OTHER ANALOGOUS
 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS,
 OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC-
 TURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF  EXTERIOR  WALLS,  OR
 FROM THE CENTER LINE OF PARTY WALLS.
   P.  "INCOME  BAND"  SHALL MEAN A PERCENTAGE OF THE AREA MEDIAN INCOME,
 ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT.
   Q. "MANHATTAN PRIME DEVELOPMENT AREA"  SHALL  MEAN  ANY  TAX  LOT  NOW
 EXISTING  OR  HEREAFTER  CREATED WHICH IS LOCATED ENTIRELY SOUTH OF 96TH
 STREET IN THE BOROUGH OF MANHATTAN.
   R. "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN  AN  ELIGIBLE  MULTIPLE
 DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
   S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN-
 TY  PERCENT  TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR INCOME BAND,
 RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT.
   T. "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING  AS  SET  FORTH  IN
 SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   U.  "NON-RESIDENTIAL  BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A
 STRUCTURE, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, HAVING  AT
 LEAST  ONE  FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL OR MOST
 OF THE SPACE USED IN CONNECTION WITH THE STRUCTURE  OR  PORTION  OF  THE
 STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFAC-
 TURING  OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT OF
 THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE,
 OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGEN-
 CY.
   V. "NON-RESIDENTIAL TAX LOT" SHALL  MEAN  A  TAX  LOT  THAT  DOES  NOT
 CONTAIN ANY DWELLING UNITS.
   W.  "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILIZA-
 TION 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 THIS SECTION OR AS AMENDED THERE-
 AFTER, TOGETHER WITH ANY SUCCESSOR STATUTES  OR  REGULATIONS  ADDRESSING
 SUBSTANTIALLY THE SAME SUBJECT MATTER.
   X.  "RESIDENTIAL  TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
 UNITS.
   Y.  "RESTRICTION  PERIOD"  SHALL  MEAN  A  PERIOD  COMMENCING  ON  THE
 COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER
 TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS.
   2.  BENEFIT.  IN  CITIES  HAVING  A POPULATION OF ONE MILLION OR MORE,
 NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL,  SPECIAL  OR  LOCAL
 LAW  TO  THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL,
 THAT COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE  EXEMPT  FROM
 REAL  PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS,
 S. 8306                            56                            A. 8806
 
 IN THE AMOUNTS AND FOR THE PERIODS WHICH SHALL BE  SET  FORTH  IN  REGU-
 LATIONS PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, IN
 CONSULTATION  WITH  THE  AGENCY,  PROVIDED  THAT  SUCH ELIGIBLE MULTIPLE
 DWELLING IS USED OR HELD OUT FOR USE FOR DWELLING PURPOSES.
   3.  TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
 THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC
 PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC  PROGRAM
 BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   4.  LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE
 FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE  IN
 AN  ELIGIBLE  MULTIPLE  DWELLING EXCEEDS TWELVE PERCENT OF THE AGGREGATE
 FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS
 SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS.  IF  AN  ELIGIBLE
 MULTIPLE  DWELLING  CONTAINS  MULTIPLE  TAX LOTS, THE TAX ARISING OUT OF
 SUCH REDUCTION IN AHCC 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 AHCC PROGRAM BENEFITS, IF ANY,  SHALL  BE  APPORTIONED  PRO
 RATA  AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS
 SECTION, ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE  OR
 ACCESSORY  PARKING  SPACE  LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE
 THE CURB LEVEL.
   5. APPLICATION OF BENEFIT. BASED ON THE CERTIFICATION  OF  THE  AGENCY
 CERTIFYING  ELIGIBILITY  FOR  AHCC  PROGRAM  BENEFITS, THE DEPARTMENT OF
 FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI-
 SIONS TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO  THE
 ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING.
   6.  AFFORDABILITY  REQUIREMENTS.  AN  ELIGIBLE MULTIPLE DWELLING SHALL
 COMPLY WITH THE AFFORDABILITY REQUIREMENT  DEFINED  IN  PARAGRAPH  B  OF
 SUBDIVISION ONE OF THIS SECTION DURING THE RESTRICTION PERIOD. AN ELIGI-
 BLE  MULTIPLE DWELLING SHALL ALSO COMPLY WITH THE FOLLOWING REQUIREMENTS
 DURING THE RESTRICTION PERIOD:
   A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
 SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL  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 MEANS OF INGRESS OR EGRESS REGULARLY USED BY
 ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE  MULTIPLE  DWELL-
 ING.
   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  RENTAL
 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:  (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT
 STABILIZATION DURING THE RESTRICTION PERIOD;  AND  (II)  ANY  AFFORDABLE
 HOUSING  UNIT  OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY THE AGENCY
 PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA-
 TION FOR AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO  RENT  STABILIZA-
 TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT.
   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 "AHCC PROGRAM AFFORDABLE HOUS-
 S. 8306                            57                            A. 8806
 
 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 SHALL RESULT IN REVOCATION OF AHCC
 PROGRAM BENEFITS.
   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 OR
 INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH
 AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II)  PROHIBIT  THE
 OWNER  OF  AN  ELIGIBLE  MULTIPLE  DWELLING 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 OR INCOME BAND,
 AS APPLICABLE, 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  HOUS-
 ING 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 REASON-
 ABLY 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 UNIT SHALL NOT BE CONVERTED TO COOPERATIVE 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
 HOUSING  UNITS,  BOTH  UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II)
 MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; (III) THE
 ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS; AND  (IV)
 SPECIFYING  THE  LEGAL INSTRUMENT BY WHICH THE MARKETING, AFFORDABILITY,
 RENT STABILIZATION, PERMITTED RENT, AND ANY OTHER REQUIREMENT ASSOCIATED
 WITH THIS BENEFIT WILL BE RECORDED AND ENFORCED. SUCH  REQUIREMENTS  MAY
 INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE
 AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING.
   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  AHCC  PROGRAM  BENEFITS,  THE UNIT WOULD BE SUBJECT TO RENT
 STABILIZATION.
   7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES  OF  THIS  SUBDIVI-
 SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC 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 MANAGE-
 MENT COMPANY OR CONTRACTOR.
   B.  ALL  BUILDING  SERVICE  EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
 ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING  WAGE
 FOR THE DURATION OF THE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE-
 FITS PROVIDED PURSUANT TO THIS SECTION 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
 S. 8306                            58                            A. 8806
 
 SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE
 MADE  TO  DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES,
 AND 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 EXAM-
 INE  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 SUBPOENAS, THE
 ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL  PRACTICE  LAW  AND
 RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA-
 TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED 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 FORE-
 GOING  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 SUBDIVISION; 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 ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS  THAT
 THE  APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI-
 SION, 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 THIRTY DWELLING UNITS;
 OR (II) AN ELIGIBLE  MULTIPLE  DWELLING  WHOSE  ELIGIBLE  CONVERSION  IS
 CARRIED  OUT  WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI-
 DIES PROVIDED BY A  FEDERAL,  STATE  OR  LOCAL  GOVERNMENTAL  AGENCY  OR
 INSTRUMENTALITY  PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE
 HOUSING.
   E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH  ITS  APPLICATION
 CERTIFYING  THAT  IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI-
 SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D  OF  THIS  SUBDIVISION.
 UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT
 EXEMPT  IN  ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT
 ANNUALLY A SWORN AFFIDAVIT TO THE  FISCAL  OFFICER  CERTIFYING  THAT  IT
 SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION.
   8.  CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
 RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM  OR
 ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
   9.   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 AHCC
 PROGRAM BENEFITS UNLESS  THE  AGENCY  AUTHORIZES  SUCH  RENUNCIATION  OR
 TERMINATION  IN  CONNECTION  WITH  THE  COMMENCEMENT  OF A TAX EXEMPTION
 PURSUANT TO THE PRIVATE HOUSING FINANCE  LAW  OR  SECTION  FOUR  HUNDRED
 TWENTY-C OF THIS TITLE.
 S. 8306                            59                            A. 8806
 
   10. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC
 PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION. ALL OF THE AFFORD-
 ABLE  HOUSING  UNITS  SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL
 OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF  THE  RESTRICTION
 PERIOD,  REGARDLESS  OF  WHETHER  SUCH  BENEFITS HAVE BEEN TERMINATED OR
 REVOKED.
   11. 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.
   12.  MULTIPLE  TAX  LOTS.  IF  AN  ELIGIBLE MULTIPLE DWELLING 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
 AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH  APPLICA-
 TION  AND  BENEFITS  FOR  EACH  SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE
 BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING.
   13. APPLICATIONS. A. THE APPLICATION  WITH  RESPECT  TO  ANY  ELIGIBLE
 MULTIPLE  DWELLING  SHALL  BE  FILED WITH THE AGENCY NO EARLIER THAN THE
 COMPLETION DATE AND 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 ARCHITECT OR ENGINEER 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  EDUCA-
 TION  LAW  AND  SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION
 PURSUANT TO THIS SECTION.
   D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER  CHARGES,
 AND  SEWER  RENTS  CURRENTLY  DUE AND OWING ON THE PROPERTY WHICH IS THE
 SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN
 TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE  DEPARTMENT
 OF FINANCE OR OTHER APPROPRIATE AGENCY.
   14.  FILING  FEE.  THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN
 THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA-
 TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES:
   A. IMPOSING A LESSER FEE  FOR  AN  ELIGIBLE  MULTIPLE  DWELLING  WHOSE
 ELIGIBLE  CONVERSION  IS  CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF
 GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN-
 MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE  DEVELOP-
 MENT OF AFFORDABLE HOUSING; AND
   B.  REQUIRING  A  PORTION  OF  THE  FILING  FEE  TO  BE  PAID UPON THE
 SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF  APPROV-
 ING  THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER-
 SION.
   15. RULES. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN  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.
   16.  PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A.  ON OR
 AFTER THE EXPIRATION DATE OF  THE  BENEFIT  PROVIDED  PURSUANT  TO  THIS
 S. 8306                            60                            A. 8806
 
 SECTION,  THE  AGENCY  MAY IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE
 HEARD, A PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE  DWELLING  OF
 THE AFFORDABILITY REQUIREMENTS OF SUBDIVISION SIX OF THIS SECTION.
   B.  A  PENALTY  IMPOSED  UNDER THIS SUBDIVISION SHALL BE COMPUTED AS A
 PERCENTAGE OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON  THE
 ELIGIBLE  MULTIPLE  DWELLING, CALCULATED AS OF THE FIRST YEAR THAT BENE-
 FITS WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY  SHALL
 ESTABLISH  A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES PURSU-
 ANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
   C. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE  IMPOSED  AGAINST
 THE  OWNER  OF  THE ELIGIBLE MULTIPLE DWELLING AT THE TIME THE VIOLATION
 OCCURRED, EVEN IF SUCH OWNER  NO  LONGER  OWNS  SUCH  ELIGIBLE  MULTIPLE
 DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION.
   D.  A  PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED PURSUANT TO
 THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE  BY  IMPRI-
 SONMENT NOT TO EXCEED SIX MONTHS.
   § 3. This act shall take effect immediately.
 
                                  PART S
 
   Section  1. The multiple dwelling law is amended by adding a new arti-
 cle 7-D to read as follows:
                                ARTICLE 7-D
     LEGALIZATION AND CONVERSION OF BASEMENT AND CELLAR DWELLING UNITS
 SECTION 288. DEFINITIONS.
         289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS.
         290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS AND
                INHABITED CELLAR DWELLING UNITS.
   § 288. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. THE TERM "INHABITED BASEMENT DWELLING UNIT" MEANS A BASEMENT UNLAW-
 FULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO  THE
 EFFECTIVE DATE OF THIS ARTICLE;
   2. THE TERM "INHABITED CELLAR DWELLING UNIT" MEANS A CELLAR UNLAWFULLY
 OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFEC-
 TIVE DATE OF THIS ARTICLE;
   3.  THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT
 A WRITTEN AGREEMENT; AND
   4. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT
 DWELLING UNIT IS RENTED.
   § 289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS.    1.  NOTWITH-
 STANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A
 CITY  WITH  A  POPULATION  OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE
 BODY MAY, BY LOCAL LAW, ESTABLISH A PROGRAM TO  ADDRESS,  PROVIDED  THAT
 HEALTH  AND  SAFETY  ARE  PROTECTED,  (A)  THE LEGALIZATION OF SPECIFIED
 INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS IN
 EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE THROUGH CONVERSION
 TO LEGAL DWELLING UNITS, OR (B) THE CONVERSION OF OTHER SPECIFIED  BASE-
 MENT  AND CELLAR DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE
 OF THIS ARTICLE TO LEGAL DWELLING UNITS. THE  LOCAL  LAW  AUTHORIZED  BY
 THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED THEREUNDER, SHALL
 NOT  BE  SUBJECT TO ENVIRONMENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW
 CONDUCTED PURSUANT TO ARTICLE EIGHT OF  THE  ENVIRONMENTAL  CONSERVATION
 LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER.
   2.  THE  PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE TO AN OWNER
 WHO CONVERTS AN INHABITED BASEMENT DWELLING  UNIT  OR  INHABITED  CELLAR
 S. 8306                            61                            A. 8806
 
 DWELLING  UNIT IN ACCORDANCE WITH A LOCAL LAW AUTHORIZED BY THIS ARTICLE
 OR WHO OTHERWISE ABATES THE ILLEGAL OCCUPANCY OF AN  INHABITED  BASEMENT
 DWELLING  UNIT  OR  INHABITED CELLAR DWELLING UNIT, (A) FREEDOM FROM ANY
 CIVIL  OR  ADMINISTRATIVE  LIABILITY, CITATIONS, FINES, PENALTIES, JUDG-
 MENTS  OR  ANY  OTHER  DETERMINATIONS    OF  OR  PROSECUTION  FOR  CIVIL
 VIOLATIONS  OF  THIS CHAPTER, OTHER STATE LAW OR LOCAL LAW OR RULES, AND
 THE ZONING RESOLUTION OF SUCH CITY, AND (B) RELIEF FROM ANY  OUTSTANDING
 CIVIL  JUDGMENTS  ISSUED  IN  CONNECTION WITH ANY SUCH VIOLATION OF SUCH
 LAWS, RULES OR ZONING RESOLUTION ISSUED BEFORE  THE  EFFECTIVE  DATE  OF
 THIS  ARTICLE.    PROVIDED  THAT  SUCH  LOCAL LAW SHALL REQUIRE THAT ALL
 APPLICATIONS FOR CONVERSIONS BE FILED BY A DATE  CERTAIN  SUBSEQUENT  TO
 THE  EFFECTIVE  DATE  OF  THIS  ARTICLE, PROVIDED FURTHER THAT SUCH DATE
 SHALL NOT EXCEED FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   3. SUCH LOCAL LAW MAY PROVIDE THAT ANY PROVISION OF  THIS  CHAPTER  OR
 LOCAL  LAW,  RULE  OR REGULATION, SHALL NOT BE APPLICABLE TO PROVIDE FOR
 THE ALTERATIONS NECESSARY FOR THE CONVERSION OF  A  SPECIFIED  INHABITED
 BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT OR OTHER SPECI-
 FIED  BASEMENT  OR CELLAR DWELLING UNIT IN EXISTENCE PRIOR TO THE EFFEC-
 TIVE DATE INTO A LAWFUL DWELLING  UNIT.  ANY  AMENDMENT  OF  THE  ZONING
 RESOLUTION  NECESSARY TO ENACT SUCH PROGRAM SHALL BE SUBJECT TO A PUBLIC
 HEARING AT THE PLANNING COMMISSION OF SUCH  LOCALITY,  AND  APPROVAL  BY
 SUCH  COMMISSION  AND  THE  LEGISLATIVE  BODY  OF SUCH LOCAL GOVERNMENT,
 PROVIDED, HOWEVER, THAT  IT  SHALL  NOT  REQUIRE  ENVIRONMENTAL  REVIEW,
 INCLUDING  ENVIRONMENTAL  REVIEW  CONDUCTED PURSUANT TO ARTICLE EIGHT OF
 THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND  LOCAL  REGULATIONS
 PROMULGATED THEREUNDER, OR ANY ADDITIONAL LAND USE REVIEW.
   §  290.  TENANT  PROTECTIONS  IN INHABITED BASEMENT DWELLING UNITS AND
 INHABITED CELLAR DWELLING UNITS.   1. THE  PROGRAM  AUTHORIZED  BY  THIS
 ARTICLE  SHALL REQUIRE AN APPLICATION TO MAKE ALTERATIONS TO LEGALIZE AN
 INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR  DWELLING  UNIT  BE
 ACCOMPANIED  BY  A CERTIFICATION INDICATING WHETHER SUCH UNIT WAS RENTED
 TO A TENANT ON THE  EFFECTIVE  DATE  OF  THIS  ARTICLE,  NOTWITHSTANDING
 WHETHER THE OCCUPANCY OF SUCH UNIT WAS AUTHORIZED BY LAW. A CITY MAY NOT
 USE  SUCH CERTIFICATION AS THE BASIS FOR AN ENFORCEMENT ACTION FOR ILLE-
 GAL OCCUPANCY OF SUCH UNIT, PROVIDED  THAT  NOTHING  CONTAINED  IN  THIS
 ARTICLE  SHALL  BE  CONSTRUED  TO  LIMIT SUCH CITY FROM ISSUING A VACATE
 ORDER FOR HAZARDOUS OR UNSAFE CONDITIONS.
   2. THE LOCAL LAW AUTHORIZED BY  THIS  ARTICLE  SHALL  PROVIDE  THAT  A
 TENANT  IN  OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE,
 WHO IS EVICTED OR OTHERWISE REMOVED FROM SUCH UNIT AS  A  RESULT  OF  AN
 ALTERATION  NECESSARY  TO  BRING  AN INHABITED BASEMENT DWELLING UNIT OR
 INHABITED CELLAR DWELLING UNIT INTO COMPLIANCE WITH THE STANDARDS ESTAB-
 LISHED BY THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE  A  RIGHT
 OF  FIRST  REFUSAL  TO  RETURN  TO  SUCH UNIT AS A TENANT UPON ITS FIRST
 LAWFUL OCCUPANCY AS A LEGAL DWELLING UNIT, NOTWITHSTANDING  WHETHER  THE
 OCCUPANCY  AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE WAS AUTHOR-
 IZED BY LAW. SUCH LOCAL LAW SHALL SPECIFY HOW TO DETERMINE PRIORITY WHEN
 MULTIPLE TENANTS MAY CLAIM SUCH RIGHT.
   3. A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL TO RETURN TO  A
 LEGAL DWELLING UNIT, AS PROVIDED PURSUANT TO THE LOCAL LAW AUTHORIZED BY
 THIS  ARTICLE,  SHALL  HAVE  A CAUSE OF ACTION IN ANY COURT OF COMPETENT
 JURISDICTION FOR COMPENSATORY  DAMAGES  OR  DECLARATORY  AND  INJUNCTIVE
 RELIEF  AS  THE  COURT  DEEMS  NECESSARY  IN  THE  INTERESTS OF JUSTICE,
 PROVIDED THAT SUCH COMPENSATORY  RELIEF  SHALL  NOT  EXCEED  THE  ANNUAL
 RENTAL CHARGES FOR SUCH LEGAL DWELLING UNIT.
   § 2. This act shall take effect immediately.
 S. 8306                            62                            A. 8806
 
                                  PART T
 
   Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of
 section  421-a  of the real property tax law, as amended by section 3 of
 part TTT of chapter 59 of the laws  of  2017,  is  amended  to  read  as
 follows:
   (xxviii)  "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 December thirty-first, two thousand fifteen and on or
 before June fifteenth,  two  thousand  twenty-two,  and  for  which  the
 completion  date  is  on or before June fifteenth, two thousand [twenty-
 six] THIRTY-ONE.
   § 2.  This act shall take effect immediately.
 
                                  PART U
 
   Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 485-x to read as follows:
   §  485-X.  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) "AFFORDABLE HOMEOWNERSHIP PROGRAM" SHALL ONLY APPLY TO A  HOMEOWN-
 ERSHIP  PROJECT,  OF WHICH A PRESCRIBED PERCENT OF THE UNITS SHALL, UPON
 INITIAL SALE IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE AND UPON EACH
 SUBSEQUENT SALE FOR FORTY YEARS IMMEDIATELY SUBSEQUENT TO THE COMPLETION
 DATE, BE AFFORDABLE TO INDIVIDUALS OR FAMILIES  WHOSE  HOUSEHOLD  INCOME
 DOES NOT EXCEED A PRESCRIBED 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 PROJECT IS
 SUBJECT TO A REGULATORY AGREEMENT WITH A CITY  OR  STATE  AGENCY.    THE
 PRESCRIBED  PERCENTAGE OF THE UNITS AND THE PRESCRIBED PERCENTAGE OF THE
 AREA MEDIAN INCOME SHALL BE SET FORTH IN REGULATIONS PROMULGATED BY  THE
 AGENCY IN ACCORDANCE WITH THE GOALS AND FACTORS SET FORTH IN SUBDIVISION
 EIGHT OF THIS SECTION.
   (C) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF
 WHICH  IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE SITE AND
 THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER OF DWELLING UNITS  IN  SUCH
 ELIGIBLE SITE.
   (D)  "AFFORDABLE HOUSING UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS
 SITUATED WITHIN THE ELIGIBLE SITE 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 AFFORD-
 ABLE TO AND RESTRICTED TO OCCUPANCY BY A HOUSEHOLD WHOSE INCOME DOES NOT
 EXCEED A PRESCRIBED PERCENTAGE OF THE AREA MEDIAN INCOME,  ADJUSTED  FOR
 FAMILY  SIZE,  AT  THE  TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH
 DWELLING UNIT. THE PRESCRIBED AREA MEDIAN INCOME  PERCENTAGES  SHALL  BE
 SET  FORTH  IN  REGULATIONS PROMULGATED BY THE AGENCY IN ACCORDANCE WITH
 THE GOALS AND FACTORS SET FORTH IN SUBDIVISION EIGHT OF THIS SECTION.
   (E) "AGENCY" SHALL MEAN THE DEPARTMENT  OF  HOUSING  PRESERVATION  AND
 DEVELOPMENT.
   (F) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS.
 S. 8306                            63                            A. 8806
 
   (G) "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.
   (H)  "BROOKLYN  PRIME  DEVELOPMENT  AREA"  SHALL MEAN ANY TAX LOTS NOW
 EXISTING OR HEREAFTER CREATED WHICH  ARE  LOCATED  ENTIRELY  WITHIN  THE
 BOROUGH  OF BROOKLYN AND AS SET FORTH PURSUANT TO A MEMORANDUM OF UNDER-
 STANDING  ENTERED  INTO  PURSUANT  TO  SUBDIVISION  TWENTY-TWO  OF  THIS
 SECTION.
   (I) "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.
   (J)  "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.
   (K) "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.
   (L)  "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.
   (M) "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.
   (N)   "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.
   (O)  "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, AND THE AMOUNT OF WAGES AND EMPLOYEE
 BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.
   (P) "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.
   (Q)  "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 WITHIN FIVE YEARS SUBSEQUENT TO THE DATE ON WHICH THE MEMO-
 S. 8306                            64                            A. 8806
 
 RANDUM OF UNDERSTANDING IS ENTERED INTO PURSUANT TO SUBDIVISION  TWENTY-
 TWO  OF  THIS  SECTION, AND FOR WHICH THE COMPLETION DATE IS WITHIN NINE
 YEARS SUBSEQUENT TO THE DATE ON WHICH A MEMORANDUM OF  UNDERSTANDING  IS
 ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION.
   (R)  "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.
   (S)  "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.
   (T)  "FISCAL  OFFICER"  SHALL  MEAN THE COMPTROLLER OR OTHER ANALOGOUS
 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (U) "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.
   (V) "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.
   (W)  "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.
   (X) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OPERATED AS
 CONDOMINIUM OR COOPERATIVE HOUSING.
   (Y)  "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.
   (Z) "INDEPENDENT MONITOR" SHALL MEAN AN  ACCOUNTANT  LICENSED  AND  IN
 GOOD  STANDING  PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCA-
 TION LAW.
   (AA) "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.
   (BB)  "LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF
 THIRTY OR MORE RESIDENTIAL DWELLING UNITS IN WHICH  ALL  DWELLING  UNITS
 INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING.
   (CC)  "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.
   (DD) "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX  LOTS,  NOW
 EXISTING    OR  HEREAFTER  CREATED,  LOCATED  ENTIRELY IN THE BOROUGH OF
 S. 8306                            65                            A. 8806
 
 MANHATTAN AND AS SET FORTH PURSUANT TO THE MEMORANDUM  OF  UNDERSTANDING
 ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION.
   (EE)  "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
 DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
   (FF) "MULTIPLE DWELLING" SHALL HAVE THE  SAME  MEANING  SET  FORTH  IN
 SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   (GG)  "NON-RESIDENTIAL  TAX  LOT"  SHALL  MEAN A TAX LOT THAT DOES NOT
 CONTAIN ANY DWELLING UNITS.
   (HH) "PRIME DEVELOPMENT AREA" SHALL MEAN THE MANHATTAN PRIME  DEVELOP-
 MENT  AREA,  THE  BROOKLYN  PRIME  DEVELOPMENT AREA AND THE QUEENS PRIME
 DEVELOPMENT AREA.
   (II) "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 AVERAGE HOURLY WAGE.
   (JJ) "QUEENS PRIME DEVELOPMENT AREA"  SHALL  MEAN  ANY  TAX  LOTS  NOW
 EXISTING  OR  HEREAFTER  CREATED  WHICH  ARE LOCATED ENTIRELY WITHIN THE
 BOROUGH OF QUEENS AND AS SET FORTH PURSUANT TO A  MEMORANDUM  OF  UNDER-
 STANDING  ENTERED  INTO  PURSUANT  TO  SUBDIVISION  TWENTY-TWO  OF  THIS
 SECTION.
   (KK) "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-FOUR  THAT ADDED THIS SECTION OR AS AMENDED THEREAFTER,
 TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING  SUBSTAN-
 TIALLY THE SAME SUBJECT MATTER.
   (LL)  "RENTAL  PROJECT" SHALL MEAN, COLLECTIVELY, LARGE RENTAL PROJECT
 AND SMALL RENTAL PROJECT.
   (MM) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
 UNITS.
   (NN) "SMALL RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING  OF
 LESS  THAN THIRTY RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS
 INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING.
   (OO) "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.
   (PP) "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.
   (QQ) "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
 S. 8306                            66                            A. 8806

 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
 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.
   (RR)  "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.
   (SS)  "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 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 THIR-
 TY-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 MORE THAN THE NUMBER OF RENTAL
 UNITS SET FORTH BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT
 TO SUBDIVISION TWENTY-TWO OF THIS SECTION THAT ARE  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) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN
 ELIGIBLE  SITE  WITHIN  THE MANHATTAN PRIME DEVELOPMENT AREA SHALL BE NO
 LESS THAN THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO
 PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION, AND  SHALL  INCREASE
 PURSUANT TO A SCHEDULE SET FORTH BY SUCH MEMORANDUM.
 S. 8306                            67                            A. 8806
 
   (B) 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 THE AMOUNT SET BY THE MEMO-
 RANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION  TWENTY-TWO
 OF  THIS SECTION, AND SHALL INCREASE PURSUANT TO A SCHEDULE SET FORTH BY
 SUCH MEMORANDUM.
   (C) THE REQUIREMENTS OF PARAGRAPHS (A) AND  (B)  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; OR
   (II)  ANY ELIGIBLE DWELLING THAT MEETS EXEMPTION CRITERIA SET FORTH IN
 A MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWEN-
 TY-TWO OF THIS SECTION.
   (D) 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 AVERAGE HOURLY WAGE SET
 PURSUANT  TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION AS APPLICABLE, THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT SHALL ALSO SET FORTH THE AMOUNT OF
 SUCH DEFICIENCY.
   (E) 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 AN AMOUNT SET FORTH BY THE MEMORANDUM OF UNDERSTANDING
 ENTERED  INTO  PURSUANT  TO  SUBDIVISION  TWENTY-TWO  OF  THIS  SECTION,
 PROVIDED  THAT  THE MAXIMUM FINE SHALL NOT EXCEED AN AMOUNT SET FORTH IN
 SUCH MEMORANDUM.
   (F) IN THE EVENT THAT THE PROJECT-WIDE CERTIFIED PAYROLL REPORT  SHOWS
 THAT  THE WAGE PAID AS REQUIRED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVI-
 SION, AS APPLICABLE, WAS NOT PAID, IF THE WAGE PAID  IS  WITHIN  FIFTEEN
 PERCENT OF THE AVERAGE HOURLY WAGE REQUIRED PURSUANT TO PARAGRAPH (A) OR
 (B)  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 ADMINIS-
 TRATOR  AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT. THE THIRD-PARTY FUND  ADMINISTRA-
 TOR  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  AVERAGE HOURLY WAGE WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING
 THE PAYMENT FROM THE APPLICANT AND  HOW  ANY  REMAINING  FUNDS  WILL  BE
 S. 8306                            68                            A. 8806
 
 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 PARA-
 GRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT
 SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVI-
 SION TWENTY-TWO OF THIS SECTION, PROVIDED THAT THE  MAXIMUM  FINE  SHALL
 NOT  EXCEED  THE  AMOUNT  SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED
 INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION.   IF  THE  WAGE
 PAID  IS  MORE THAN FIFTEEN PERCENT BELOW THE CONSTRUCTION WAGE REQUIRED
 PURSUANT TO PARAGRAPH (A) OR (B) 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 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 AVERAGE HOURLY 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 NOT TO EXCEED THE AMOUNT SET BY THE
 MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO  SUBDIVISION  TWEN-
 TY-TWO  OF THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL NOT EXCEED
 THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO  PURSUANT
 SUBDIVISION  TWENTY-TWO  OF THIS SECTION.  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 INAC-
 CURATE CONTRACTOR CERTIFIED PAYROLL REPORTS OR FOR FRAUDULENT OR INACCU-
 RATE PROJECT-WIDE CERTIFIED PAYROLL  REPORTS,  PROVIDED,  HOWEVER,  THAT
 PAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR 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-CONTRAC-
 TOR,  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 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 ADMINIS-
 TRATOR HAS BEEN MADE IN THE AMOUNT SET FORTH IN THE PROJECT-WIDE  CERTI-
 FIED  PAYROLL REPORT. OTHER THAN THE UNDERPAYMENT, WHICH MUST BE PAID TO
 THE THIRD-PARTY FUND ADMINISTRATOR, ALL FINES AND PENALTIES SET FORTH IN
 S. 8306                            69                            A. 8806
 
 THIS SUBDIVISION IMPOSED BY THE FISCAL OFFICER  SHALL  BE  PAID  TO  THE
 AGENCY AND USED BY THE AGENCY TO PROVIDE AFFORDABLE HOUSING.
   (G) 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.
   (H)  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 (E) 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. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SECTION, AN
 ELIGIBLE SITE MUST, OVER THE COURSE OF THE DESIGN  AND  CONSTRUCTION  OF
 SUCH  ELIGIBLE  SITE,  MAKE ALL REASONABLE EFFORTS TO SPEND ON CONTRACTS
 WITH MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES AT LEAST  TWENTY-FIVE
 PERCENT OF THE TOTAL APPLICABLE COSTS, AS SUCH ENTERPRISES AND COSTS ARE
 DEFINED  IN  RULES  OF  THE  AGENCY. SUCH RULES SHALL SET FORTH REQUIRED
 MEASURES WITH RESPECT TO CONTRACTS FOR DESIGN AND CONSTRUCTION THAT  ARE
 COMPARABLE,  TO THE EXTENT PRACTICABLE, TO THE MEASURES USED BY AGENCIES
 OF THE CITY OF NEW YORK TO ENHANCE MINORITY  AND  WOMEN  OWNED  BUSINESS
 ENTERPRISE PARTICIPATION IN AGENCY CONTRACTS PURSUANT TO APPLICABLE LAW,
 INCLUDING  SECTION  6-129  OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
 YORK.
   5. 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.
 S. 8306                            70                            A. 8806
 
   6. 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
 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.
   7.  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.
   8.  AFFORDABILITY  REQUIREMENTS.  A  RENTAL  PROJECT SHALL MAINTAIN AN
 AFFORDABILITY PERCENTAGE AT OR ABOVE THE MINIMUM AFFORDABILITY  PERCENT-
 AGE  SET  FORTH IN REGULATIONS PROMULGATED BY THE AGENCY. THE AFFORDABLE
 DWELLING UNITS WITHIN A RENTAL PROJECT SHALL COMPLY WITH THE AREA MEDIAN
 INCOME AFFORDABILITY LEVEL OR LEVELS SET FORTH PURSUANT  TO  REGULATIONS
 PROMULGATED  BY  THE AGENCY. IN SETTING THE AFFORDABILITY PERCENTAGE AND
 THE AREA MEDIAN INCOME LEVELS, THE AGENCY SHALL CONSIDER  THE  FOLLOWING
 GOALS  AND  FACTORS:  THE PRODUCTION OF FINANCIALLY VIABLE, HIGH QUALITY
 AND SAFE HOUSING, PARTICULARLY IN WELL-RESOURCED AREAS  WITH  HIGH  LAND
 ACQUISITION COSTS, THAT MEET THE NEEDS OF LOW AND MODERATE INCOME HOUSE-
 HOLDS AND INDIVIDUALS.
   (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 THE AFFORDABLE HOMEOWNERSHIP PROJECT
 S. 8306                            71                            A. 8806

 REQUIREMENTS 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.
   (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.
   9.  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,
 S. 8306                            72                            A. 8806
 
 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
 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 THIRTY 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.
   10. REPLACEMENT RATIO. IF THE  LAND  ON  WHICH  AN  ELIGIBLE  SITE  IS
 LOCATED  CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCE-
 MENT 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.
 S. 8306                            73                            A. 8806
 
   11. 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.
   12.   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.
   13. 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. IF AN APPLI-
 CANT HAS COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF  PARAGRAPH  B
 OF SUBDIVISION NINE OF THIS SECTION WITHIN A FIVE-YEAR PERIOD, THE AGEN-
 CY  MAY  REVOKE  ANY  BENEFITS  UNDER THIS SECTION. FOR PURPOSES OF THIS
 SUBDIVISION, A "VIOLATION" OF PARAGRAPH B OF SUBDIVISION  NINE  OF  THIS
 SECTION  SHALL BE DEEMED A FINDING BY THE FISCAL OFFICER THAT THE APPLI-
 CANT HAS FAILED TO COMPLY WITH PARAGRAPH B OF SUBDIVISION NINE  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 OFFI-
 CER 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 BENEFITS 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.
   14. 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.
   15. 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.
   16.  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
 S. 8306                            74                            A. 8806
 
 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 AS
 A CONDITION TO APPROVAL OF THE APPLICATION.
   17.  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.
   18.  RULES.  EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND NINE 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.
   19. 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-FOUR THAT ADDED THIS SECTION
 MAY ELECT TO COMPLY WITH THIS SECTION AND RECEIVE ANNY PROGRAM  BENEFITS
 PURSUANT TO THIS SECTION.
   20.  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.
   21. 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 ESTABLISHED PURSUANT TO SUBDIVISION EIGHT  OF
 THIS SECTION BY SUCH LARGE RENTAL PROJECT.  THE AGENCY SHALL ESTABLISH A
 SCHEDULE AND METHOD OF CALCULATION OF SUCH FINES PURSUANT TO SUBDIVISION
 SEVENTEEN OF THIS SECTION.
   (B)  A FINE UNDER THIS SUBDIVISION MAY BE IMPOSED AGAINST THE OWNER OF
 THE ELIGIBLE SITE CONTAINING SUCH LARGE RENTAL PROJECT AT THE  TIME  THE
 VIOLATION  OCCURRED,  EVEN  IF  SUCH  OWNER NO LONGER OWNS SUCH ELIGIBLE
 SITE.  A FAILURE TO PAY SUCH FINE MAY RESULT IN A LIEN  AND  SUCH  OTHER
 REMEDIES AS MAY BE AVAILABLE PURSUANT TO APPLICABLE LAW AND REGULATION.
   22.  THE  PROVISIONS  OF  SUBDIVISIONS  ONE THROUGH TWENTY-ONE OF THIS
 SECTION SHALL TAKE EFFECT ONLY UPON THE CONDITIONS  THAT  ON  OR  BEFORE
 S. 8306                            75                            A. 8806

 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE: (A) A MEMORANDUM OF UNDERSTAND-
 ING  IS  EXECUTED  BY ONE, OR MORE, REPRESENTATIVES OF THE LARGEST TRADE
 ASSOCIATION OF RESIDENTIAL REAL ESTATE DEVELOPERS, EITHER FOR PROFIT  OR
 NOT-FOR-PROFIT,  IN  NEW  YORK  CITY  AS WELL AS ONE, OR MORE, REPRESEN-
 TATIVES OF THE LARGEST TRADE LABOR ASSOCIATION REPRESENTING BUILDING AND
 CONSTRUCTION WORKERS, WITH MEMBERSHIP IN NEW YORK CITY, AND  (B)  NOTICE
 OF  SUCH  FULL  EXECUTION  IS DELIVERED TO THE LEGISLATIVE BILL DRAFTING
 COMMISSION. SUCH MEMORANDUM OF UNDERSTANDING  SHALL  INCLUDE  PROVISIONS
 REGARDING  WAGES  OR WAGE SUPPLEMENTS FOR CONSTRUCTION WORKERS ON BUILD-
 INGS OVER FIFTEEN UNITS WHERE SUCH BUILDINGS ENJOY THE BENEFITS OF  THIS
 SECTION;  PROVIDED,  HOWEVER,  THAT  SUCH  MEMORANDUM SHALL ALSO ADDRESS
 ISSUES INCLUDING THOSE RELATED TO THE (I) NUMBER OF UNITS, (II) APPLICA-
 TION OF A WAGE SCHEDULE TO DIFFERENT SIZE PROJECTS, (III) WAGE SCHEDULES
 FOR VARIOUS GEOGRAPHIC LOCATIONS IN NEW YORK CITY, AND (IV)  A  SCHEDULE
 OF FINES FOR NON-COMPLIANCE WITH THE WAGE REQUIREMENTS SET FORTH IN THIS
 SECTION.  THE  TERMS  AND  CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING
 SHALL APPLY TO ALL PROJECTS WITH MORE THAN FIFTEEN  UNITS  THAT  RECEIVE
 BENEFITS  UNDER  THIS  SECTION  AFTER THE MEMORANDUM OF UNDERSTANDING IS
 EXECUTED. NOTWITHSTANDING THE FOREGOING, 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.
   § 2. Paragraphs f and g of subdivision 3 of section 224-a of the labor
 law,  as  added  by  section  1 of part FFF of chapter 58 of the laws of
 2020, are amended and a new paragraph h is added to read as follows:
   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-X OF THE REAL PROP-
 ERTY TAX LAW.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to  the  clause,  sentence,  paragraph,  subdivision, or section thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  department of housing preservation and development shall notify the
 legislative  bill  drafting  commission  upon  the  occurrence  of   the
 execution of the memorandum of understanding provided for in subdivision
 twenty-two  of  section  485-x  of the real property tax law as added by
 section one of this act in order that the  commission  may  maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 S. 8306                            76                            A. 8806
 
 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 U 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. 8306--A                                            A. 8806--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 17, 2024
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to contracts for excel-
   lence; to amend the education law, in relation to foundation  aid;  to
   amend  the  education  law,  in  relation  to allowable transportation
   expenses; to amend the education law, in  relation  to  transportation
   aid  and the Clean Water, Clean Air, and Green Jobs Environmental Bond
   Act of 2022; 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  universal  prekinder-
   garten  and the Statewide universal full-day pre-kindergarten program;
   to amend the education law, in relation to implementation of the smart
   schools bond act of 2014; to amend the education law, in  relation  to
   special apportionments and grants-in-aid to school districts; 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 extending the effectiveness thereof; to amend chapter  345
   of  the laws of 2009, amending the education law and other laws relat-
   ing to the New York city board  of  education,  chancellor,  community
   councils, and community superintendents, in relation to the effective-
   ness  thereof;  to  amend  the education law, in relation to state aid
   adjustments; to amend the education  law,  in  relation  to  extending
   certain provisions of the teachers of tomorrow teacher recruitment and
   retention  program; to amend the education law, in relation to maximum
   class sizes for special classes for certain  students  with  disabili-
   ties;  to amend chapter 82 of the laws of 1995, amending the education
   law and other laws relating to state aid to school districts  and  the
   appropriation  of  funds for the support of government, in relation to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12672-02-4
 S. 8306--A                          2                         A. 8806--A
 
   the effectiveness thereof; to amend chapter 756 of the  laws  of  1992
   relating  to  funding  a program for work force education conducted by
   the consortium for worker education in New York city, in  relation  to
   reimbursement  for  the 2023-2024 school year withholding a portion of
   employment preparation education aid and in relation to the effective-
   ness thereof; to amend the education law, in relation to the financing
   of charter schools; to amend part A of chapter 56 of the laws of  2023
   directing the education department to conduct a comprehensive study of
   alternative  tuition rate-setting methodologies for approved providers
   operating school-age and preschool programs receiving  state  funding,
   in relation to extending the date for the submission of such recommen-
   dations; 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 effec-
   tiveness thereof; to amend chapter 97 of the laws  of  2011,  amending
   the  education  law  relating  to census reporting, in relation to the
   effectiveness thereof; providing for special apportionment for  salary
   expenses;  providing  for  special  apportionment  for  public pension
   accruals; providing for set-asides from the state funds which  certain
   districts  are  receiving from the total foundation aid; and providing
   for support of public libraries; to repeal certain provisions  of  the
   education  law relating to phase-in foundation increase; and to repeal
   certain provisions of the education law  relating  to  foundation  aid
   (Part  A);  to  amend  the  education law, in relation to establishing
   evidence-based  reading  instructional  best  practices  for  students
   attending  prekindergarten  through grade three (Part B); to amend the
   education law, in relation to directing the commissioner of  education
   to  require  the completion of a FAFSA or a waiver of such requirement
   and  requires  school  districts  issue  annual  reports  on  students
   completing  the  FAFSA and the waiver (Part C); to amend the education
   law, in relation to eligibility for unrestricted  aid  to  independent
   colleges  and  universities  (Part  D); to amend the education law, in
   relation to ensuring informational coordination between  state  educa-
   tional  agencies  (Part  E);  to amend chapter 260 of the laws of 2011
   amending the education law and the New York  state  urban  development
   corporation  act  relating  to  establishing components of the NY-SUNY
   2020 challenge grant program, in relation to the effectiveness thereof
   (Part F); to amend part N of chapter 56 of the laws of 2020,  amending
   the  social services law relating to restructuring financing for resi-
   dential school placements, in relation to  the  effectiveness  thereof
   (Part  G); 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 H); to amend the family court act and
   the domestic relations law, in relation to establishment and modifica-
   tion of child support orders (Part I); to  amend  the  labor  law,  in
   relation  to nursing employees' right to express breast milk (Part J);
   to amend the labor law, in relation to limiting liquidated damages  in
   certain  frequency of pay violations (Part K); to amend the labor law,
   in relation to civil penalties for violations  of  certain  provisions
   for  the payment of wages (Part L); to amend chapter 25 of the laws of
   2020, relating to  providing  requirements  for  sick  leave  and  the
   provision  of  certain employee benefits when such employee is subject
   to a mandatory or precautionary order of quarantine or  isolation  due
   to COVID-19, in relation to providing for the expiration and repeal of
   such  provisions  (Part M); to utilize reserves in the mortgage insur-
   ance fund for various housing purposes (Part N); to amend the criminal
 S. 8306--A                          3                         A. 8806--A
 
   procedure law and the penal law, in relation  to  the  crime  of  deed
   theft;  to  amend  the  real  property actions and proceedings law, in
   relation to the partition of heirs' property; and to  amend  the  real
   property  law,  in  relation to allowing transfer on death deeds (Part
   O); relating to the conveyance and use  of  real  property  owned  and
   maintained by the State University of New York at Farmingdale (Subpart
   A);  relating  to  the  conveyance  and use of real property owned and
   maintained by the State University of New York at Stony Brook (Subpart
   B); and relating to the conveyance and use of real property owned  and
   maintained by the New York State Department of Transportation (Subpart
   C)  (Part  P);  to  amend  the  multiple  dwelling law, in relation to
   authorizing a city of one million or more to remove  the  cap  on  the
   floor area ratio of certain dwellings (Part Q); to amend the labor law
   and  the real property tax law, in relation to the exemption from real
   property taxation of certain multiple dwellings in  a  city  having  a
   population  of  one  million  or  more (Part R); to amend the multiple
   dwelling law, in relation to establishing a program to  address    the
   legalization  of  specified basement and cellar dwelling units and the
   conversion of other specified basement and cellar dwelling units in  a
   city  with  a population of one million or more (Part S); to amend the
   real property tax law, in  relation  to  eligible  multiple  dwellings
   under  the  affordable New York housing program (Part T); and to amend
   the real property tax law and the labor law, in relation  to  enacting
   the affordable neighborhoods for New Yorkers tax incentive (Part U)
 
   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 2024-2025 state fiscal year. Each component is
 wholly contained within a Part identified as  Parts  A  through  U.  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
 2023, 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
 S. 8306--A                          4                         A. 8806--A

 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
 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
 S. 8306--A                          5                         A. 8806--A
 
 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
 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;
 and provided further that, a school district that submitted  a  contract
 for  excellence  for  the  two thousand twenty-two--two thousand twenty-
 S. 8306--A                          6                         A. 8806--A
 
 three 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-three--two thousand twenty-four 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--
 two  thousand  twenty-three  school  year;  AND PROVIDED FURTHER THAT, A
 SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR  EXCELLENCE  FOR  THE  TWO
 THOUSAND  TWENTY-THREE--TWO THOUSAND TWENTY-FOUR 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-FOUR--TWO THOUSAND
 TWENTY-FIVE 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-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR;
 provided,  however,  that,  in a city school district in a city having a
 population of one million or more, notwithstanding the  requirements  of
 subparagraph (vi) of paragraph a of subdivision two of this section, the
 contract  for  excellence shall provide for the expenditure as set forth
 in subparagraph (v) of paragraph a of subdivision two of  this  section.
 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. The opening paragraph of subdivision 4 of  section  3602  of  the
 education  law,  as  amended by section 9-b of part CCC of chapter 59 of
 the laws of 2018, is amended to read as follows:
   In addition to any other apportionment pursuant  to  this  chapter,  a
 school  district, other than a special act school district as defined in
 subdivision eight of section four thousand one of this chapter, shall be
 eligible for total foundation aid equal to the  SUM  OF  THE  TRANSITION
 ADJUSTMENT  PLUS  THE  product  of  total aidable foundation pupil units
 multiplied by the district's selected foundation aid, which shall be the
 greater of five hundred  dollars  ($500)  or  foundation  formula  aid[,
 provided,  however  that  for the two thousand seven--two thousand eight
 through two thousand eight--two thousand nine school  years,  no  school
 district  shall receive total foundation aid in excess of the sum of the
 total foundation aid base for aid payable in the two thousand seven--two
 thousand eight school year computed  pursuant  to  subparagraph  (i)  of
 paragraph  j of subdivision one of this section, plus the phase-in foun-
 dation increase computed pursuant to paragraph b  of  this  subdivision,
 S. 8306--A                          7                         A. 8806--A

 and  provided  further  that  for  the two thousand twelve--two thousand
 thirteen school year, no school district shall receive total  foundation
 aid  in excess of the sum of the total foundation aid base for aid paya-
 ble in the two thousand eleven--two thousand twelve school year computed
 pursuant  to subparagraph (ii) of paragraph j of subdivision one of this
 section, plus the phase-in  foundation  increase  computed  pursuant  to
 paragraph  b  of this subdivision, and provided further that for the two
 thousand thirteen--two thousand fourteen school year and thereafter,  no
 school  district shall receive total foundation aid in excess of the sum
 of the total foundation aid base computed pursuant to subparagraph  (ii)
 of  paragraph  j  of  subdivision one of this section, plus the phase-in
 foundation increase computed pursuant to paragraph b  of  this  subdivi-
 sion,  and provided further that for the two thousand sixteen--two thou-
 sand seventeen school year, no eligible school districts  shall  receive
 total  foundation  aid  in excess of the sum of the total foundation aid
 base computed pursuant to subparagraph (ii) of paragraph j  of  subdivi-
 sion  one  of  this  section plus the sum of (A) the phase-in foundation
 increase, (B) the executive foundation increase with a minimum  increase
 pursuant  to  paragraph b-2 of this subdivision, and (C) an amount equal
 to "COMMUNITY SCHOOLS AID" in  the  computer  listing  produced  by  the
 commissioner  in  support  of  the  executive budget request for the two
 thousand  sixteen--two  thousand  seventeen  school  year  and  entitled
 "BT161-7",  where  (1)  "eligible school district" shall be defined as a
 district with (a) an  unrestricted  aid  increase  of  less  than  seven
 percent (0.07) and (b) a three year average free and reduced price lunch
 percent  greater  than fifteen percent (0.15), and (2) "unrestricted aid
 increase" shall mean the quotient arrived at when dividing (a)  the  sum
 of  the  executive  foundation  aid  increase  plus  the gap elimination
 adjustment for the base year, by (b) the difference  of  foundation  aid
 for the base year less the gap elimination adjustment for the base year,
 and (3) "executive foundation increase" shall mean the difference of (a)
 the amounts set forth for each school district as "FOUNDATION AID" under
 the  heading "2016-17 ESTIMATED AIDS" in the school aid computer listing
 produced by the commissioner in support of the executive budget  request
 for  the  two  thousand  sixteen--two thousand seventeen school year and
 entitled "BT161-7" less (b)  the  amounts  set  forth  for  each  school
 district  as "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS"
 in such computer listing and provided further that total foundation  aid
 shall  not  be  less  than  the product of the total foundation aid base
 computed pursuant to paragraph j of subdivision one of this section  and
 the due-minimum percent which shall be, for the two thousand twelve--two
 thousand  thirteen  school  year,  one  hundred  and  six-tenths percent
 (1.006) and for the two thousand thirteen--two thousand fourteen  school
 year  for  city  school  districts of those cities having populations in
 excess of one hundred twenty-five thousand and  less  than  one  million
 inhabitants  one  hundred  and one and one hundred and seventy-six thou-
 sandths percent (1.01176), and for all other districts one  hundred  and
 three-tenths  percent  (1.003),  and  for the two thousand fourteen--two
 thousand fifteen school year  one  hundred  and  eighty-five  hundredths
 percent (1.0085), and for the two thousand fifteen--two thousand sixteen
 school  year,  one  hundred  thirty-seven  hundredths  percent (1.0037),
 subject to allocation pursuant to the provisions of subdivision eighteen
 of this section and any provisions of a chapter of the laws of New  York
 as described therein, nor more than the product of such total foundation
 aid  base and one hundred fifteen percent for any school year other than
 the two thousand seventeen--two thousand eighteen school year, provided,
 S. 8306--A                          8                         A. 8806--A

 however, that for  the  two  thousand  sixteen--two  thousand  seventeen
 school  year such maximum shall be no more than the sum of (i) the prod-
 uct of such total foundation aid base and one  hundred  fifteen  percent
 plus  (ii)  the  executive foundation increase and plus (iii) "COMMUNITY
 SCHOOLS AID" in the computer listing produced  by  the  commissioner  in
 support  of  the executive budget request for the two thousand sixteen--
 two thousand seventeen school year and entitled "BT161-7"  and  provided
 further  that  for  the  two thousand nine--two thousand ten through two
 thousand eleven--two thousand twelve school years, each school  district
 shall  receive  total  foundation  aid  in an amount equal to the amount
 apportioned to such school district  for  the  two  thousand  eight--two
 thousand  nine  school year pursuant to this subdivision]. Total aidable
 foundation pupil units shall be calculated pursuant to  paragraph  g  of
 subdivision  two  of  this  section. For the purposes of calculating aid
 pursuant to this subdivision, aid for the city school  district  of  the
 city of New York shall be calculated on a citywide basis.
   §  3. Subparagraphs 1 and 4 of paragraph a of subdivision 4 of section
 3602 of the education law,  as amended by section 9-b  of  part  CCC  of
 chapter 59 of the laws of 2018,  are amended to read as follows:
   (1)  The foundation amount shall reflect the average per pupil cost of
 general education instruction in successful school districts, as  deter-
 mined  by  a  statistical analysis of the costs of special education and
 general education in successful  school  districts,  provided  that  the
 foundation  amount  shall be adjusted annually to reflect the EIGHT-YEAR
 AVERAGE OF THE percentage  increase  in  the  consumer  price  index  as
 defined  by  paragraph  hh of subdivision one of this section[, provided
 that for the two thousand eight--two thousand nine school year, for  the
 purpose  of  such  adjustment,  the  percentage increase in the consumer
 price index shall be deemed to be two and nine-tenths  percent  (0.029),
 and  provided  further  that  the foundation amount for the two thousand
 seven--two thousand eight school year shall be five thousand two hundred
 fifty-eight dollars, and provided further  that  for  the  two  thousand
 seven--two  thousand  eight through two thousand seventeen--two thousand
 eighteen school years, the foundation amount shall be  further  adjusted
 by  the  phase-in foundation percent established pursuant to paragraph b
 of this subdivision] FOR THE TEN MOST RECENT  CALENDAR  YEARS  EXCLUDING
 THE HIGHEST AND LOWEST VALUES.
   (4)  The expected minimum local contribution shall equal the lesser of
 (i) the product of (A) the quotient arrived at when the selected  actual
 valuation  is divided by total wealth foundation pupil units, multiplied
 by (B) the product of the local tax factor,  multiplied  by  the  income
 wealth  index,  or (ii) the product of (A) the product of the foundation
 amount, the regional cost index, and the pupil need index, multiplied by
 (B) the positive difference, if any, of  one  minus  the  state  sharing
 ratio  for  total  foundation  aid. The local tax factor shall be estab-
 lished by May first of each year by determining the product, computed to
 four decimal places without rounding, of ninety  percent  multiplied  by
 the quotient of the sum of the statewide average tax rate as computed by
 the  commissioner for the current year in accordance with the provisions
 of paragraph e of subdivision one of section thirty-six  hundred  nine-e
 of this part plus the statewide average tax rate computed by the commis-
 sioner  for  the  base  year in accordance with such provisions plus the
 statewide average tax rate computed by the  commissioner  for  the  year
 prior  to  the  base year in accordance with such provisions, divided by
 three[, provided however that for the two thousand  seven--two  thousand
 eight  school  year,  such local tax factor shall be sixteen thousandths
 S. 8306--A                          9                         A. 8806--A

 (0.016), and provided further that for the two thousand eight--two thou-
 sand nine school year, such  local  tax  factor  shall  be  one  hundred
 fifty-four  ten  thousandths (0.0154)]. The income wealth index shall be
 calculated pursuant to paragraph d of subdivision three of this section,
 provided, however, that for the purposes of computing the expected mini-
 mum  local  contribution  the income wealth index shall not be less than
 sixty-five percent (0.65) and shall not be more than two hundred percent
 (2.0) [and provided however that such income wealth index shall  not  be
 more  than  ninety-five  percent  (0.95) for the two thousand eight--two
 thousand nine school year, and provided further that such income  wealth
 index  shall  not  be  less than zero for the two thousand thirteen--two
 thousand fourteen school year]. The selected actual valuation  shall  be
 calculated  pursuant  to paragraph c of subdivision one of this section.
 Total wealth foundation pupil units  shall  be  calculated  pursuant  to
 paragraph h of subdivision two of this section.
   § 4. Paragraph b of subdivision 4 of section 3602 of the education law
 is REPEALED and a new paragraph b is added to read as follows:
   B.  TRANSITION  ADJUSTMENT.  THE TRANSITION ADJUSTMENT SHALL EQUAL THE
 PRODUCT OF (1) THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID FOR  THE
 TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL  YEAR  AS
 DEFINED IN PARAGRAPH G OF SUBDIVISION THREE OF  THIS  SECTION,  BUT  NOT
 LESS  THAN FIVE TENTHS (0.5), MULTIPLIED BY (2) THE POSITIVE DIFFERENCE,
 IF ANY, OF (I) THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE  TO  RECEIVE  IN
 THE  TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR SCHOOL YEAR
 PURSUANT TO THIS SUBDIVISION LESS (II)  THE  PRODUCT  OF  TOTAL  AIDABLE
 FOUNDATION  PUPIL UNITS MULTIPLIED BY THE DISTRICT'S SELECTED FOUNDATION
 AID FOR THE TWO THOUSAND TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL
 YEAR COMPUTED PURSUANT TO THIS SUBDIVISION, AS SET FORTH ON THE COMPUTER
 LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
 REQUEST FOR  THE  TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE
 SCHOOL YEAR AND ENTITLED "BT242-5".
   §  5.  Paragraph  d  of subdivision 4 of section 3602 of the education
 law, as amended by section 6 of part YYY of chapter 59 of  the  laws  of
 2019, is amended to read as follows:
   d.  For  the  two  thousand fourteen--two thousand fifteen through two
 thousand [twenty-three] TWENTY-EIGHT--two thousand  [twenty-four]  TWEN-
 TY-NINE  school  years  a  city school district of a city having a popu-
 lation of one million or more may use amounts  apportioned  pursuant  to
 this subdivision for afterschool programs.
   §  6.  Paragraphs  b-2, b-3, b-4, f, g, h, i and j of subdivision 4 of
 section 3602 of the education law are REPEALED.
   § 7. Paragraph k of subdivision 4 of section 3602 of the education law
 is REPEALED.
   § 8. The undesignated closing paragraph of subdivision  3  of  section
 3602  of  the education law, as added by section 13 of part B of chapter
 57 of the laws of 2007, is amended to read as follows:
   Such result shall be expressed as a decimal carried  to  three  places
 without  rounding,  but  shall not be greater than ninety hundredths nor
 less than zero, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE
 STATE SHARING RATIO FOR TOTAL FOUNDATION AID IN THE TWO  THOUSAND  TWEN-
 TY-FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL  YEAR  AND  THEREAFTER, SUCH
 RESULT SHALL NOT BE GREATER THAN NINETY-ONE HUNDREDTHS.
   § 9. Intentionally omitted.
   § 10. Paragraph j of subdivision 1 of section 3602  of  the  education
 law is amended by adding a new subparagraph (iii) to read as follows:
 S. 8306--A                         10                         A. 8806--A
 
   (III)  THE  TOTAL FOUNDATION AID BASE FOR AID PAYABLE IN THE TWO THOU-
 SAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND THEREAFTER, AND  FOR  AID
 CALCULATIONS  FOR  SUBSEQUENT  SCHOOL YEARS BASED ON AID PAYABLE IN SUCH
 SCHOOL YEARS, SHALL BE DEEMED FINAL AND NOT  SUBJECT  TO  CHANGE  ON  OR
 AFTER  JULY  FIRST  OF THE SCHOOL YEAR FOLLOWING THE LAST SCHOOL YEAR IN
 WHICH THE COMMISSIONER MAY LAST ACCEPT AND CERTIFY FOR PAYMENT ANY ADDI-
 TIONAL CLAIM FOR SUCH SCHOOL YEAR PURSUANT TO PARAGRAPH A OF SUBDIVISION
 FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART.
   § 11. Subparagraphs 2 and 3 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,  are amended to read as follows:
   (2) is a construction emergency project to remediate  emergency  situ-
 ations  which  arise  in public school buildings and threaten the health
 and/or safety of building occupants, as a result  of  the  unanticipated
 discovery  of asbestos or other hazardous substances during construction
 work on a school or significant damage caused by a fire, snow storm, ice
 storm, excessive rain, high winds, flood or a similar catastrophic event
 which results in the necessity for immediate repair[; and/or
   (3) if bonded pursuant to paragraph  j  of  subdivision  six  of  this
 section,  would  cause  a  city school district in a city having a popu-
 lation of less than one  hundred  twenty-five  thousand  inhabitants  to
 exceed  ninety-five  percent  of its constitutional debt limit provided,
 however, that any debt issued pursuant to paragraph c of section  104.00
 of the local finance law shall not be included in such calculation].
   §  12.  The  opening  paragraph  of subdivision 2 of section 3623-a of
 education law, as added by section 86 of chapter  474  of  the  laws  of
 1996, is amended to read as follows:
   Allowable transportation capital, debt service and lease expense shall
 include  base year expenditures [for:] AS DESCRIBED IN THIS SUBDIVISION,
 NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND-
 ITURES AS PRESCRIBED BY THE COMMISSIONER, EXCEPT AS  PROVIDED  IN  PARA-
 GRAPH D OF SUBDIVISION THREE OF THIS SECTION.
   §  13. Subdivision 3 of section 3623-a of the education law is amended
 by adding added a new paragraph d to read as follows:
   D. (1) FOR AID PAYABLE IN THE TWO THOUSAND  TWENTY-FOUR--TWO  THOUSAND
 TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF
 LAW  TO THE CONTRARY, APPROVED TRANSPORTATION CAPITAL, DEBT SERVICE, AND
 LEASE EXPENSES FOR APPORTIONMENTS TO SCHOOL DISTRICTS UNDER  SUBDIVISION
 SEVEN  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL INCLUDE
 THE FINAL VALUE OF ANY VOUCHERS PAID ON BEHALF  OF  A  SCHOOL  DISTRICT,
 PAYMENTS, AND GRANTS AUTHORIZED PURSUANT TO SECTION 58-0701 OF THE ENVI-
 RONMENTAL  CONSERVATION LAW FOR COSTS ASSOCIATED WITH THE PURCHASE OF OR
 CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE.
   (2) IN THE CASE OF ALLOWABLE EXPENSES FOR TRANSPORTATION CAPITAL, DEBT
 SERVICE, OR LEASES WHICH  ARE  RELATED  TO  COSTS  ASSOCIATED  WITH  THE
 PURCHASE  OF  OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING
 INFRASTRUCTURE AND WHICH ARE SUPPORTED IN WHOLE OR IN PART BY  VOUCHERS,
 PAYMENTS,  OR  GRANTS  AUTHORIZED  UNDER SECTION 58-0701 OF THE ENVIRON-
 MENTAL CONSERVATION LAW, SUCH ALLOWABLE EXPENSES AT THE  TIME  IN  WHICH
 THE EXPENSE IS CLAIMED FOR AID SHALL NOT EXCEED THE SUM OF (I) THE PROD-
 UCT  OF  THE TRANSPORTATION AID RATIO CALCULATED PURSUANT TO SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  ARTICLE  MULTIPLIED  BY
 ALLOWABLE  EXPENSES, PLUS (II) THE FINAL VALUE OF ANY SUCH VOUCHERS PAID
 ON BEHALF OF A SCHOOL DISTRICT, PAYMENTS, AND  GRANTS  AUTHORIZED  UNDER
 SECTION 58-0701 OF THE ENVIRONMENTAL CONSERVATION LAW.
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   (3)  THE  ENTITY  AUTHORIZED  TO  PROVIDE STATE ASSISTANCE PAYMENTS OR
 GRANTS PURSUANT TO SUBDIVISION TWO OF SECTION 58-0703  OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW  SHALL  PROVIDE  TO THE COMMISSIONER A LIST OF
 GRANTS AWARDED AND PAYMENTS TO EACH SCHOOL DISTRICT OR VOUCHERS PAID  ON
 BEHALF  OF  A SCHOOL DISTRICT FOR THE PURCHASE OF OR CONVERSION TO ZERO-
 EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE NO  LATER  THAN  ONE
 MONTH PRIOR TO THE END OF EACH CALENDAR YEAR AND EACH SCHOOL YEAR.  THIS
 LIST  SHALL INCLUDE THE TYPE AND NUMBER OF ZERO-EMISSION SCHOOL BUSES TO
 BE FUNDED BY THESE PAYMENTS OR GRANTS, THE SUPPORTING INFRASTRUCTURE  TO
 BE FUNDED BY THESE PAYMENTS OR GRANTS, THE AWARD AMOUNTS OF EACH PAYMENT
 OR  GRANT,  THE  DIRECT RECIPIENT OF EACH PAYMENT OR GRANT, THE DISTRICT
 RECEIVING SUCH PAYMENT OR GRANT OR THAT BENEFITTED FROM   SUCH  VOUCHER,
 THE  DATE  ON  WHICH  THE  PAYMENT  OR GRANT WAS RECEIVED, AND ANY OTHER
 INFORMATION NECESSARY FOR THE CALCULATION OF AID PURSUANT TO SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
   § 14. Paragraph i of subdivision 12 of section 3602 of  the  education
 law,  as  amended  by  section 10 of part A of chapter 56 of the laws of
 2023, is amended to read as follows:
   i. For the two thousand  twenty-one--two  thousand  twenty-two  school
 year  through  the two thousand [twenty-three] TWENTY-FOUR--two thousand
 [twenty-four] TWENTY-FIVE 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  "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 appor-
 tionment 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.
   § 15. The opening paragraph of subdivision 16 of section 3602  of  the
 education  law,  as amended by section 11 of part A of chapter 56 of the
 laws of 2023, 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-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY-
 FIVE school year 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  commis-
 sioner  in support of the budget for the two thousand nine--two thousand
 S. 8306--A                         12                         A. 8806--A
 
 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 ESTI-
 MATED AIDS" in the school aid computer listing produced by  the  commis-
 sioner  in  support  of the executive budget for the 2013-14 fiscal year
 and entitled "BT131-4".
   § 16. Paragraph d of subdivision 10 of section 3602-e of the education
 law, as amended by section 23-c of part A of chapter 56 of the  laws  of
 2021, is amended to read as follows:
   d. Notwithstanding any other provision of this section, apportionments
 under this section greater than the amounts provided in the two thousand
 sixteen--two  thousand  seventeen  school  year  shall  only  be used to
 supplement and not supplant current local  expenditures  of  [state  or]
 local funds on prekindergarten programs and the number of eligible full-
 day  four-year-old  prekindergarten  pupils and eligible full-day three-
 year-old prekindergarten pupils in  such  programs  from  such  sources.
 Current  local  expenditures  shall  include  any  local expenditures of
 [state or] local funds used to supplement or  extend  services  provided
 directly  or  via  contract to eligible children enrolled in a universal
 prekindergarten program pursuant to this section.
   § 17. Subdivision 13 of section 3602-ee of the education law, as added
 by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
 read as follows:
   13. Apportionments under this section shall only be used to supplement
 and not supplant current local expenditures of federal[, state] or local
 funds on pre-kindergarten programs and  the  number  of  slots  in  such
 programs from such sources. Current local expenditures shall include any
 local expenditures of federal[, state] or local funds used to supplement
 or  extend  services provided directly or via contract to eligible chil-
 dren enrolled  in  a  universal  pre-kindergarten  program  pursuant  to
 section thirty-six hundred two-e of this part.
   §  18.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 16 of part A of chapter 56 of the laws  of  2023,  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-four]  TWENTY-FIVE; provided that the program shall continue and
 remain in full effect.
   § 19. Paragraphs a and b of subdivision 16  of  section  3641  of  the
 education law, as added by section 2 of part C of chapter 56 of the laws
 of  2014,  subparagraph 3 of paragraph b as amended by section 3 of part
 YYY of chapter 59 of the laws of 2017, are amended to read as follows:
   a. Definitions. The following terms, whenever used or referred  to  in
 this subdivision, unless the context indicates otherwise, shall have the
 following meanings:
   (1) "Bonds" shall mean general obligation bonds issued pursuant to the
 "smart  schools  bond act of 2014" in accordance with article VII of the
 New York state constitution and article five of the state finance law.
   [(2) "Smart schools review board" shall mean a body comprised  of  the
 chancellor  of  the  state  university  of New York, the director of the
 budget, and the commissioner, or their respective designees.
   (3)] (2)  "Smart  schools  investment  plan"  shall  mean  a  document
 prepared by a school district setting forth the smart schools project or
 projects to be undertaken with such district's smart schools allocation.
   [(4)]  (3) "Smart schools project" shall mean a capital project as set
 forth and defined in subparagraphs  FOUR,  five,  six[,]  OR  seven  [or
 eight] of this paragraph.
 S. 8306--A                         13                         A. 8806--A
 
   [(5)]  (4)  "Pre-kindergarten  or  transportable  classroom unit (TCU)
 replacement project" shall mean a capital project which,  as  a  primary
 purpose,  expands  the availability of adequate and appropriate instruc-
 tional space for pre-kindergarten  or  provides  for  the  expansion  or
 construction  of adequate and appropriate instructional space to replace
 TCUs.
   [(6)] (5)  "Community  connectivity  project"  shall  mean  a  capital
 project  which,  as  a  primary purpose, expands high-speed broadband or
 wireless internet connectivity in the local community, including  school
 buildings  and  campuses,  for  enhanced  educational opportunity in the
 state.
   [(7)] (6) "Classroom technology project" shall mean a capital  project
 to  expand high-speed broadband or wireless internet connectivity solely
 for school buildings and campuses, or  to  acquire  learning  technology
 hardware  for  schools,  classrooms,  and student use, including but not
 limited to whiteboards,  computer  servers,  desktop  computers,  laptop
 computers, and tablet computers.
   [(8)] (7) "School safety and security technology project" shall mean a
 capital  project to install high-tech security features in school build-
 ings and on school campuses, including but not limited to video surveil-
 lance, emergency notification systems and physical access controls,  for
 enhanced educational opportunity in the state.
   [(9)]  (8) "Selected school aid" shall mean the sum of the amounts set
 forth as "FOUNDATION AID", "FULL DAY K  CONVERSION",  "BOCES",  "SPECIAL
 SERVICES",  "HIGH  COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
 TECHNOLOGY",  "SOFTWARE,  LIBRARY,   TEXTBOOK",   "TRANSPORTATION   INCL
 SUMMER",  "OPERATING  REORG  INCENTIVE",  "CHARTER SCHOOL TRANSITIONAL",
 "ACADEMIC ENHANCEMENT", "HIGH TAX AID",  and  "SUPPLEMENTAL  PUB  EXCESS
 COST"  under  the  heading  "2013-14  BASE  YEAR AIDS" in the school aid
 computer listing produced by the commissioner in support of  the  execu-
 tive budget proposal for the two thousand fourteen-fifteen school year.
   [(10)]  (9)  "Smart  schools  allocation"  shall mean, for each school
 district, the product of (i) two billion dollars ($2,000,000,000) multi-
 plied by (ii) the quotient of such school district's selected school aid
 divided by the total selected school aid to all school districts.
   b. Smart schools investment  plans.  (1)  [The  smart  schools  review
 board]  SUBJECT  TO  THE  APPROVAL  OF  THE  DIRECTOR OF THE BUDGET, THE
 COMMISSIONER shall issue guidelines setting  forth  required  components
 and  eligibility  criteria  for  smart  schools  investment  plans to be
 submitted by school districts. Such guidelines shall include but not  be
 limited  to:  (i)  a  timeline  for  school district submission of smart
 schools investment plans; (ii) any requirements for the use of available
 state procurement options where applicable; (iii) any limitations on the
 amount of a district's smart schools allocation that  may  be  used  for
 assets  with  a  short probable life; and (iv) the loan of smart schools
 classroom technology pursuant to section  seven  hundred  fifty-five  of
 this chapter.
   (2)  No  school  district  shall  be entitled to a smart schools grant
 until such district shall have submitted a smart schools investment plan
 to the [smart  schools  review  board]  DEPARTMENT  and  received  [such
 board's]  THE COMMISSIONER'S approval of such investment plan. In devel-
 oping such investment plan, school districts shall consult with parents,
 teachers, students, community members and other stakeholders.
   (3) The [smart schools review board]  COMMISSIONER  shall  review  all
 smart  schools  investment  plans  for  compliance  with all eligibility
 criteria and other requirements set forth in the guidelines. The  [smart
 S. 8306--A                         14                         A. 8806--A

 schools  review board] COMMISSIONER may approve or reject such plans, or
 may return such plans to the school district for modifications; provided
 that notwithstanding any  inconsistent  provision  of  law,  the  [smart
 schools  review  board]  COMMISSIONER  shall  approve no such plan first
 submitted to the department on or after April  fifteenth,  two  thousand
 seventeen, unless such plan calculates the amount of classroom technolo-
 gy  to  be  loaned  to  students attending nonpublic schools pursuant to
 section seven hundred fifty-five  of  this  chapter  in  a  manner  that
 includes  the  amount budgeted by the school district for servers, wire-
 less access  points  and  other  portable  connectivity  devices  to  be
 acquired  as  part  of a school connectivity project. Upon approval, the
 smart schools project or projects described in the investment plan shall
 be eligible for smart schools grants. A smart schools  project  included
 in  a  school district's smart schools investment plan shall not require
 separate approval of the commissioner unless it  is  part  of  a  school
 construction  project  required  to  be  submitted  for  approval of the
 commissioner pursuant to section four  hundred  eight  of  this  chapter
 and/or  subdivision  six of section thirty-six hundred two of this arti-
 cle. Any department, agency or public authority shall provide the [smart
 schools review board] DEPARTMENT with any  information  it  requires  to
 fulfill its duties pursuant to this subdivision.
   (4)  Any  amendments or supplements to a smart schools investment plan
 shall be submitted to the [smart schools review  board]  DEPARTMENT  for
 approval, and shall not take effect until such approval is granted.
   § 20. 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  chapter  364 of the laws of 2022, 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, [2024] 2028 provided,
 further, that notwithstanding any provision of article 5 of the  general
 construction law, on June 30, [2024] 2028 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
 S. 8306--A                         15                         A. 8806--A
 
 of the laws of 2001, as amended, when upon such date the  provisions  of
 section four of this act shall take effect.
   §  21. 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 chapter 364 of the laws of 2022, 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, [2024] 2028.
   § 22. 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
 S. 8306--A                         16                         A. 8806--A
 
 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-THREE--TWO THOUSAND TWENTY-FOUR 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-THREE--TWO THOUSAND TWENTY-FOUR 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.] IT IS  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 AND TWO THOUSAND TWENTY-FOUR--TWO  THOU-
 SAND TWENTY-FIVE SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT
 TO  A  SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS
 SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
 FILE USED TO PRODUCE THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY  THE
 COMMISSIONER  IN  SUPPORT  OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
 THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE STATE FISCAL YEAR
 AND ENTITLED "BT242-5", 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-FIVE--TWO  THOUSAND  TWENTY-SIX
 SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
 A  SCHOOL  DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
 ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
 PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
 USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
 SIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE
 STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
   § 23. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  18 of part A of chapter 56 of the laws of 2023, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the  two  thousand twenty-three--two thousand twenty-four
 school year, "moneys apportioned" shall mean the lesser of (i)  the  sum
 of  one  hundred  percent  of  the  respective amount set forth for each
 S. 8306--A                         17                         A. 8806--A
 
 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 individual-
 ized payments due prior to April first for the  current  year  plus  the
 apportionment  payable during the current school year pursuant to subdi-
 vision six-a and subdivision fifteen of section thirty-six  hundred  two
 of  this  part  minus  any  reductions  to current year aids pursuant to
 subdivision seven of section thirty-six hundred four of this part or any
 deduction from  apportionment  payable  pursuant  to  this  chapter  for
 collection  of a school district basic contribution as defined in subdi-
 vision eight of section forty-four hundred one of this chapter, less any
 grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
 vision  four  of section ninety-two-c of the state finance law, less any
 grants provided pursuant to subdivision five  of  section  ninety-seven-
 nnnn  of  the  state  finance  law, less any grants provided pursuant to
 subdivision twelve of section thirty-six hundred forty-one of this arti-
 cle, or (ii) the apportionment calculated by the commissioner  based  on
 data  on  file  at  the time the payment is processed; provided however,
 that for the purposes of any payments  made  pursuant  to  this  section
 prior  to  the  first  business  day of June of the current year, moneys
 apportioned shall not include any aids payable pursuant to  subdivisions
 six  and  fourteen,  if applicable, of section thirty-six hundred two of
 this part as current year aid for  debt  service  on  bond  anticipation
 notes  and/or bonds first issued in the current year or any aids payable
 for full-day kindergarten for the current year pursuant  to  subdivision
 nine  of section thirty-six hundred two of this part. The definitions of
 "base year" and "current year"  as  set  forth  in  subdivision  one  of
 section thirty-six hundred two of this part shall apply to this section.
 [For  aid payable in the two thousand twenty-three--two thousand twenty-
 four school year, reference to such "school aid computer listing for the
 current year" shall mean the  printouts  entitled  "SA232-4".]  FOR  AID
 PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEAR  AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I)
 THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT  SET  FORTH  FOR
 EACH  SCHOOL  DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL
 AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY  THE  COMMISSIONER
 IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRI-
 ATION 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 CHAP-
 TER 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 SUBDIVISIONS SIX OF SECTION NINE-
 TY-SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED  PURSU-
 ANT  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,
 S. 8306--A                         18                         A. 8806--A

 MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDI-
 VISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION  THIRTY-SIX  HUNDRED
 TWO  OF  THIS  PART  AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTIC-
 IPATION  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-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEAR,  REFERENCE  TO  SUCH  "SCHOOL AID COMPUTER LISTING FOR THE CURRENT
 YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT242-5".
   § 24. Paragraph b of subdivision 2 of section 3612  of  the  education
 law,  as  amended by section 22 of part YYY of chapter 59 of the laws of
 2019, is amended to read as follows:
   b. Such grants shall be awarded to school districts, within the limits
 of funds appropriated therefor, through a competitive process that takes
 into consideration the magnitude of any  shortage  of  teachers  in  the
 school  district, the number of teachers employed in the school district
 who hold temporary licenses to teach in the public schools of the state,
 the number of provisionally certified teachers, the fiscal capacity  and
 geographic  sparsity  of  the  district,  the number of new teachers the
 school district intends to hire in the coming school year and the number
 of summer in the city student internships proposed by an eligible school
 district, if applicable. Grants provided pursuant to this section  shall
 be used only for the purposes enumerated in this section.  Notwithstand-
 ing  any  other provision of law to the contrary, a city school district
 in a city having a population of one million or more inhabitants receiv-
 ing a grant pursuant to this section may use no more than eighty percent
 of such grant funds for any  recruitment,  retention  and  certification
 costs  associated  with transitional certification of teacher candidates
 for the school years two thousand  one--two  thousand  two  through  two
 thousand  [twenty-three]  TWENTY-EIGHT--two thousand [twenty-four] TWEN-
 TY-NINE.
   § 25. Subdivision 6 of section 4402 of the education law,  as  amended
 by  section 23 of part YYY of chapter 59 of the laws of 2019, is amended
 to read as follows:
   6. Notwithstanding any other law, rule or regulation to the  contrary,
 the  board  of  education of a city school district with a population of
 one hundred twenty-five thousand or more inhabitants shall be  permitted
 to  establish  maximum  class  sizes  for  special  classes  for certain
 students with disabilities in accordance with  the  provisions  of  this
 subdivision. For the purpose of obtaining relief from any adverse fiscal
 impact  from under-utilization of special education resources due to low
 student attendance in  special  education  classes  at  the  middle  and
 secondary level as determined by the commissioner, such boards of educa-
 tion  shall, during the school years nineteen hundred ninety-five--nine-
 ty-six through June thirtieth, two thousand  [twenty-four]  TWENTY-NINE,
 be  authorized  to  increase  class  sizes in special classes containing
 students with disabilities whose age ranges are equivalent to  those  of
 students  in middle and secondary schools as defined by the commissioner
 for purposes of this section by up to but not  to  exceed  one  and  two
 tenths  times the applicable maximum class size specified in regulations
 of the commissioner rounded up to the  nearest  whole  number,  provided
 that  in  a  city  school district having a population of one million or
 more, classes that have a maximum class size of fifteen may be increased
 by no more than one student and  provided  that  the  projected  average
 class  size  shall  not  exceed  the maximum specified in the applicable
 regulation, provided that such authorization  shall  terminate  on  June
 S. 8306--A                         19                         A. 8806--A
 
 thirtieth, two thousand. Such authorization shall be granted upon filing
 of  a  notice by such a board of education with the commissioner stating
 the board's intention to increase such class sizes and  a  certification
 that  the  board  will  conduct  a  study  of attendance problems at the
 secondary level and will implement a corrective action plan to  increase
 the  rate of attendance of students in such classes to at least the rate
 for students attending regular education classes in secondary schools of
 the district.  Such  corrective  action  plan  shall  be  submitted  for
 approval  by  the commissioner by a date during the school year in which
 such board increases class sizes as provided pursuant to  this  subdivi-
 sion  to  be  prescribed  by the commissioner. Upon at least thirty days
 notice to the board of education, after conclusion of the school year in
 which such board increases class sizes  as  provided  pursuant  to  this
 subdivision,  the  commissioner  shall  be  authorized to terminate such
 authorization upon a finding that the board has  failed  to  develop  or
 implement an approved corrective action plan.
   §  26. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
 of 1995, amending the education law and other laws relating to state aid
 to school districts and the appropriation of funds for  the  support  of
 government,  as  amended  by section 38 of part YYY of chapter 59 of the
 laws of 2019, are amended to read as follows:
   (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
 fourteen,  one hundred fifteen and one hundred sixteen of this act shall
 take effect on July 1, 1995; provided, however, that section one hundred
 thirteen of this act shall remain in full force and effect until July 1,
 [2024] 2029 at which time it shall be deemed repealed;
   (24) sections one hundred eighteen through one hundred thirty of  this
 act  shall  be deemed to have been in full force and effect on and after
 July 1, 1995; provided further, however, that the amendments made pursu-
 ant to section one hundred twenty-four of this act shall be deemed to be
 repealed on and after July 1, [2024] 2029;
   § 27. 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
 20  of  part  A of chapter 56 of the laws of 2023, 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, reimbursement for the 2021--2022 school
 year shall not exceed 56.0 percent of  the  lesser  of  such  approvable
 costs  per  contact  hour or sixteen dollars and forty cents per contact
 hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
 percent of the lesser of such  approvable  costs  per  contact  hour  or
 sixteen  dollars  and  sixty cents per contact hour, [and] reimbursement
 for the 2023--2024 school year shall not  exceed  54.7  percent  of  the
 lesser  of  such  approvable costs per contact hour or seventeen dollars
 and seventy cents per contact hour, AND REIMBURSEMENT FOR THE 2024--2025
 SCHOOL YEAR SHALL NOT EXCEED 56.6 PERCENT OF THE LESSER OF SUCH APPROVA-
 BLE COSTS PER CONTACT HOUR OR NINETEEN DOLLARS AND TEN CENTS PER CONTACT
 S. 8306--A                         20                         A. 8806--A
 
 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); 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); for
 the 2022--2023 school year such  contact  hours  shall  not  exceed  one
 million  four  hundred six thousand nine hundred twenty-six (1,406,926);
 [and] for the 2023--2024 school year such contact hours shall not exceed
 one million three hundred forty-two thousand nine  hundred  seventy-five
 (1,342,975); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL
 NOT  EXCEED  ONE  MILLION SIXTY-THREE THOUSAND EIGHT HUNDRED TWENTY-NINE
 (1,063,829). Notwithstanding any other provision of law to the contrary,
 the apportionment calculated for the city school district of the city of
 New York pursuant to subdivision 11 of section 3602 of the education law
 shall be computed as if such contact hours provided  by  the  consortium
 for  worker education, not to exceed the contact hours set forth herein,
 were eligible for aid in accordance with the provisions of such subdivi-
 sion 11 of section 3602 of the education law.
   § 28. 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 cc to read as follows:
   CC.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY AFTER THE
 COMPLETION OF PAYMENTS FOR THE 2024-25 SCHOOL YEAR.  NOTWITHSTANDING ANY
 INCONSISTENT PROVISIONS OF LAW,  THE  COMMISSIONER  OF  EDUCATION  SHALL
 WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
 AND  SHALL  NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
 ($11,500,000).
   § 29. 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 22 of part A of
 chapter 56 of the laws of 2023, is amended to read as follows:
   § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
 repealed June 30, [2024] 2025.
   §  30. Paragraph (d) of subdivision 1 of section 2856 of the education
 law, as amended by section 36-c of part A of chapter 56 of the  laws  of
 2021, is amended to read as follows:
   (d)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter. Provided that for expenses  incurred  in  the  two  thousand
 twenty--two  thousand twenty-one school year, for a city school district
 in a city having a population of one million or more, the annual  appor-
 tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
 upon certification by the director of the budget of the availability  of
 S. 8306--A                         21                         A. 8806--A
 
 a  grant  in  the  same  amount from the elementary and secondary school
 emergency relief funds provided through the American rescue plan act  of
 2021  (P.L. 117-2).   PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
 TWO  THOUSAND  TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A
 CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
 MORE,  THE  ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION
 DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF  THE  BUDGET
 OF  THE  AVAILABILITY  OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY
 AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE  AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L.  117-2).
   §  31. Paragraph (c) of subdivision 1 of section 2856 of the education
 law, as amended by section 36-d of part A of chapter 56 of the  laws  of
 2021, is amended to read as follows:
   (c)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter. Provided that for expenses  incurred  in  the  two  thousand
 twenty--two  thousand twenty-one school year, for a city school district
 in a city having a population of one million or more, the annual  appor-
 tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
 upon certification by the director of the budget of the availability  of
 a  grant  in  the  same  amount from the elementary and secondary school
 emergency relief funds provided through the American rescue plan act  of
 2021  (P.L. 117-2).   PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
 TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR,  FOR  A
 CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY  THIRTY-FIVE  MILLION
 DOLLARS  ($35,000,000)  UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET
 OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT  FROM  THE  ELEMENTARY
 AND  SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2).
   § 32. Subdivision 3 of section 27 of part A of chapter 56 of the  laws
 of  2023  directing  the education department to conduct a comprehensive
 study of alternative tuition  rate-setting  methodologies  for  approved
 providers  operating  school-age  and preschool programs receiving state
 funding, is amended to read as follows:
   3. The state education department shall  present  its  recommendations
 and  analysis to the governor, the director of the division of the budg-
 et, the temporary president of the senate, the speaker of the  assembly,
 the  chairperson of the senate finance committee, and the chairperson of
 the assembly ways and means committee no later than July 1, [2025] 2027.
 Adoption of any alternative rate-setting methodologies shall be  subject
 to the approval of the director of the division of the budget.
   § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating  to certain provisions related to the 1994-95 state operations,
 aid to localities, capital projects and debt service budgets, as amended
 by section 23 of part A of chapter 56 of the laws of 2022, 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
 S. 8306--A                         22                         A. 8806--A
 
 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, [2024] 2029.
   § 34. Section 26 of subpart F of part C of chapter 97 of the  laws  of
 2011 amending the education law relating to census reporting, as amended
 by  section 46 of part YYY of chapter 59 of the laws of 2019, is amended
 to read as follows:
   § 26. This act shall take effect immediately provided,  however,  that
 the provisions of section three of this act shall expire June 30, [2024]
 2029  when upon such date the provisions of such section shall be deemed
 repealed; provided, further that the provisions of sections eight, elev-
 en, twelve, thirteen and twenty of this act shall expire  July  1,  2014
 when  upon  such  date  the  provisions of such sections shall be deemed
 repealed.
   § 35. Special apportionment for salary  expenses.  1.  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  2025  and  not later than the last day of the third full
 business week of June 2025, 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, 2025, for salary expenses incurred between April  1  and
 June 30, 2024 and such apportionment shall not exceed the sum of (a) 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  (b)
 186  percent  of such amount for a city school district in a city with a
 population in excess of 1,000,000 inhabitants, plus (c) 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 (d) 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 (e) 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.
   2.  The  claim  for  an  apportionment to be paid to a school district
 pursuant to subdivision one 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. 8306--A                         23                         A. 8806--A
 
 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.
   3. 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  one  and  two of this section shall first be deducted from
 the following payments due the school district during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 36. Special apportionment for public pension accruals. 1.   Notwith-
 standing any other provision of law, upon application to the commission-
 er  of education, not later than June 30, 2025, 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, 2025 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.
   2. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  one 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.
   3. 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  one  and  two of this section shall first be deducted from
 S. 8306--A                         24                         A. 8806--A
 
 the following payments due the school district during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 37. 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:
   1. for the development, maintenance or expansion of magnet schools  or
 magnet  school  programs  for  the  2024--2025 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).
   2. 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:  (a)  any  instructional  or
 instructional  support  costs  associated with the operation of a magnet
 school; or (b) 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
 S. 8306--A                         25                         A. 8806--A
 
 in  elementary and secondary schools of school districts having substan-
 tial concentrations of minority students.
   3.  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 2024--2025 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
 2024--2025 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.
   4.  For the purpose of teacher support for the 2024--2025 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.
   §  38.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2024  enacting
 the  aid  to  localities  budget shall be apportioned for the 2024--2025
 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 such 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 2024--2025
 by a chapter of the laws of 2024 enacting the aid to  localities  budget
 S. 8306--A                         26                         A. 8806--A
 
 shall  fulfill  the state's obligation to provide such aid and, pursuant
 to a plan developed by the commissioner of education and approved by the
 director of the budget, the aid payable to libraries and library systems
 pursuant  to  such  appropriations  shall  be reduced proportionately to
 assure that the total amount of aid payable does not  exceed  the  total
 appropriations for such purpose.
   § 39. Severability. The provisions of this act shall be severable, and
 if  the  application  of  any  clause, sentence, paragraph, subdivision,
 section or part of this act to  any  person  or  circumstance  shall  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision, section, part
 of this act or remainder thereof, as the  case  may  be,  to  any  other
 person  or  circumstance,  but shall be confined in its operation to the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 40. This act shall take effect immediately, and shall be  deemed  to
 have been in full force and effect on and after April 1, 2024, provided,
 however, that:
   1.  sections  one,  two,  three,  four, five, six, eight, ten, twelve,
 thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-three,
 twenty-four, twenty-five, twenty-nine and thirty-seven of this act shall
 take effect July 1, 2024;
   2. section seven of this act shall take effect July 1, 2025;
   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-seven and
 twenty-eight of this act shall not affect the repeal of such chapter and
 shall be deemed repealed therewith; and
   4. the amendments to paragraph (d) of subdivision 1 of section 2856 of
 the education law made by section thirty of this act shall be subject to
 the expiration and reversion of such subdivision pursuant to subdivision
 d of section 27 of chapter 378 of the laws of  2007,  as  amended,  when
 upon  such  date  the provisions of section thirty-one of this act shall
 take effect.
 
                                  PART B

   Section 1. The education law is amended by adding a new section 818 to
 read as follows:
   § 818. EVIDENCE-BASED AND SCIENTIFICALLY BASED READING INSTRUCTION. 1.
 (A) ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE  COMMISSIONER
 SHALL PROVIDE SCHOOL DISTRICTS WITH THE INSTRUCTIONAL BEST PRACTICES FOR
 THE  TEACHING  OF  READING  TO STUDENTS IN PREKINDERGARTEN THROUGH GRADE
 THREE.  INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF  READING  SHALL
 BE  EVIDENCE-BASED  AND SCIENTIFICALLY BASED, FOCUSING ON READING COMPE-
 TENCY IN THE AREAS OF PHONEMIC AWARENESS, PHONICS,  VOCABULARY  DEVELOP-
 MENT,  READING  FLUENCY,  COMPREHENSION, INCLUDING BACKGROUND KNOWLEDGE,
 ORAL LANGUAGE AND WRITING, ORAL SKILL DEVELOPMENT, AND  ALIGN  WITH  THE
 CULTURALLY  RESPONSIVE-SUSTAINING  (CR-S) FRAMEWORK.  SUCH INSTRUCTIONAL
 BEST PRACTICES SHALL BE PERIODICALLY UPDATED BY THE  COMMISSIONER  WHERE
 APPROPRIATE.
   (B)  ALL  SCHOOL  DISTRICTS  IN  THE STATE SHALL ANNUALLY REVIEW THEIR
 CURRICULUM AND INSTRUCTIONAL PRACTICES IN THE  SUBJECT  OF  READING  FOR
 STUDENTS  IN  PREKINDERGARTEN  THROUGH  GRADE  THREE TO ENSURE THAT THEY
 S. 8306--A                         27                         A. 8806--A
 
 ALIGN WITH THE  READING  INSTRUCTIONAL  BEST  PRACTICES  ISSUED  BY  THE
 COMMISSIONER,  AND  THAT  ALL  EARLY READING INSTRUCTIONAL PRACTICES AND
 INTERVENTIONS ARE PART OF AN ALIGNED PLAN DESIGNED  TO  IMPROVE  STUDENT
 READING OUTCOMES IN PREKINDERGARTEN THROUGH GRADE THREE.
   2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK" MEANS A FRAME-
 WORK THAT PROMOTES LEARNING ENVIRONMENTS THAT AFFIRM RACIAL, LINGUISTIC,
 AND CULTURAL IDENTITIES;  ENGAGES  STUDENTS  WITH  RIGOROUS,  SUPPORTIVE
 INSTRUCTION; DEVELOPS THEIR ABILITIES TO CONNECT ACROSS LINES OF DIFFER-
 ENCE;  ELEVATES  HISTORICALLY MARGINALIZED VOICES; AND EMPOWERS STUDENTS
 AS AGENTS OF SOCIAL CHANGE.
   (B) "EVIDENCE-BASED AND SCIENTIFICALLY BASED" MEANS AN  INTERDISCIPLI-
 NARY  BODY OF RESEARCH THAT DESCRIBES HOW READING AND WRITING SKILLS AND
 COMPETENCIES DEVELOP FROM PREKINDERGARTEN  THROUGH  SECONDARY  EDUCATION
 AND PROVIDES EVIDENCE-BASED GUIDANCE TO INFORM CURRICULUM AND PEDAGOGY.
   (C)  "PHONEMIC AWARENESS" MEANS THE ABILITY TO NOTICE, THINK ABOUT AND
 MANIPULATE INDIVIDUAL SOUNDS IN SPOKEN SYLLABLES AND WORDS.
   (D) "COMPREHENSION" MEANS A FUNCTION OF WORD  RECOGNITION  SKILLS  AND
 LANGUAGE  COMPREHENSION SKILLS AND SHALL INCLUDE HAVING SUFFICIENT BACK-
 GROUND INFORMATION AND VOCABULARY FOR THE READER TO UNDERSTAND THE WORDS
 IN FRONT OF THEM. IT ALSO INCLUDES  THE  ACTIVE  PROCESS  THAT  REQUIRES
 INTENTIONAL THINKING, DURING WHICH MEANING IS CONSTRUCTED THROUGH INTER-
 ACTIONS BETWEEN THE TEXT AND THE READER. COMPREHENSION SKILLS ARE TAUGHT
 EXPLICITLY  BY  DEMONSTRATING,  EXPLAINING,  MODELING  AND  IMPLEMENTING
 SPECIFIC COGNITIVE STRATEGIES TO HELP BEGINNING READERS  DERIVE  MEANING
 THROUGH INTENTIONAL, PROBLEM-SOLVING THINKING PROCESSES.
   (E)  "READING  FLUENCY"  MEANS THE ABILITY TO READ WORDS, PHRASES, AND
 SENTENCES ACCURATELY, AT AN APPROPRIATE SPEED, AND WITH EXPRESSION.
   (F) "VOCABULARY DEVELOPMENT" MEANS THE PROCESS OF ACQUIRING NEW  WORDS
 AND  INCLUDES IMPROVING ALL AREAS OF COMMUNICATION, INCLUDING LISTENING,
 SPEAKING, READING, AND WRITING, WHICH  IS  DIRECTLY  RELATED  TO  SCHOOL
 ACHIEVEMENT AND IS A STRONG PREDICTOR FOR READING SUCCESS.
   3.  ON  OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ON OR
 BEFORE SEPTEMBER FIRST OF EACH YEAR THEREAFTER, ALL SCHOOL DISTRICTS  IN
 THE  STATE  SHALL  CERTIFY TO THE COMMISSIONER THAT THEIR CURRICULUM AND
 INSTRUCTIONAL STRATEGIES AND TEACHER  PROFESSIONAL  DEVELOPMENT  IN  THE
 SUBJECT OF READING IN PREKINDERGARTEN THROUGH GRADE THREE ALIGN WITH ALL
 OF  THE  ELEMENTS  OF  THE  INSTRUCTIONAL  BEST  PRACTICES ISSUED BY THE
 COMMISSIONER PURSUANT TO THIS SECTION.
   4. COMPLIANCE WITH THIS SECTION SHALL BE  SUBJECT  TO  REVIEW  BY  THE
 COMMISSIONER  PURSUANT TO SECTION THREE HUNDRED TEN OF THIS TITLE AND BY
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 61 to read as follows:
   61. A. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
 COMMISSIONER  SHALL REQUIRE EACH SCHOOL DISTRICT TO OBTAIN DOCUMENTATION
 REFLECTING ONE OF THE FOLLOWING FROM THE  PARENT  OR  GUARDIAN  OF  EACH
 STUDENT  OR, IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY
 EMANCIPATED, SUCH STUDENT, DURING THE SCHOOL YEAR IN WHICH  THE  STUDENT
 IS  A  SENIOR  ENROLLED  IN  SUCH  SCHOOL DISTRICT: (1) CERTIFICATION OF
 COMPLETION AND SUBMISSION OF EITHER THE  FREE  APPLICATION  FOR  FEDERAL
 S. 8306--A                         28                         A. 8806--A
 
 STUDENT AID (FAFSA) FOR SUCH STUDENT OR, IF APPLICABLE, THE JOSE PERALTA
 NEW YORK STATE DREAM ACT APPLICATION; OR (2) COMPLETION OF A WAIVER FORM
 PROMULGATED  BY  THE  DEPARTMENT,  TO BE FILED WITH THE STUDENT'S SCHOOL
 DISTRICT  INDICATING  THAT  THE PARENT OR GUARDIAN OR, IF THE STUDENT IS
 EIGHTEEN YEARS OF AGE OR OLDER  OR  LEGALLY  EMANCIPATED,  THE  STUDENT,
 UNDERSTANDS  WHAT THE FAFSA IS AND HAS CHOSEN NOT TO FILE AN APPLICATION
 PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH ONE OF  THIS  PARAGRAPH.  FOR
 PURPOSES  OF  SUBPARAGRAPH  ONE  OF THIS PARAGRAPH, THE REQUIRED CERTIF-
 ICATION SHALL NOT DESIGNATE WHICH TYPE OF APPLICATION WAS  SUBMITTED  BY
 THE PARENT, GUARDIAN, OR STUDENT.
   B.  ON  AND  AFTER  JULY  FIRST, TWO THOUSAND TWENTY-FIVE, EACH SCHOOL
 DISTRICT SHALL ANNUALLY REPORT TO THE DEPARTMENT THE FOLLOWING DATA  FOR
 ALL SENIORS ENROLLED IN SUCH SCHOOL DISTRICT, AGGREGATED BY HIGH SCHOOL:
 (1)  THE TOTAL NUMBER OF STUDENTS CERTIFIED TO HAVE SUBMITTED EITHER THE
 FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) OR, IF APPLICABLE,  THE
 JOSE  PERALTA  NEW  YORK  STATE DREAM ACT APPLICATION; (2) THE NUMBER OF
 STUDENTS WHO COMPLETED A WAIVER PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
 SION; AND (3) THE TOTAL NUMBER OF SENIORS ENROLLED.
   C. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY
 TO  IMPLEMENT THIS SUBDIVISION, INCLUDING REQUIRING EACH SCHOOL DISTRICT
 TO GIVE NOTICE, NO LESS THAN FOUR TIMES DURING EACH SCHOOL YEAR, WITH AN
 EXPLANATION TO EACH HIGH SCHOOL SENIOR OF THE  STATE-SPONSORED  SCHOLAR-
 SHIPS,  FINANCIAL  AID  AND  ASSISTANCE  AVAILABLE TO STUDENTS ATTENDING
 COLLEGE OR POST-SECONDARY EDUCATION, AND TO PROVIDE ACCESS AND/OR REFER-
 RALS TO SUPPORT OR ASSISTANCE NECESSARY FOR COMPLETION OF THE FAFSA.
   § 2. This act shall take effect on the first of July  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 D
 
   Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
 section 6401 of the education law, as amended by chapter 717 of the laws
 of 1981, is amended to read as follows:
   Notwithstanding  the  provisions of any other law, in order to qualify
 for state aid apportionments pursuant to this section,  any  institution
 of  higher  education  must  meet  either  the requirements set forth in
 subparagraphs (i) through [(v)] (VI) of this paragraph or, in the alter-
 native, the requirements set forth in paragraph (b) of this subdivision:
   § 2. Paragraph (a) of subdivision 2 of section 6401 of  the  education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI)  THE  INSTITUTION  MUST  HAVE TOTAL ENDOWMENT ASSETS OF LESS THAN
 SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000), BASED  ON  THE  MOST
 RECENT  ACADEMIC  YEAR  DATA  COLLECTED  IN THE INTEGRATED POSTSECONDARY
 EDUCATION DATA SYSTEM, AS REQUIRED UNDER TITLE IV OF THE  HIGHER  EDUCA-
 TION  ACT  OF  1965,  AS  AMENDED,  AND  REPORTED  BY  THE DEPARTMENT OF
 EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS.
   § 3. Paragraph (b) of subdivision 2 of section 6401 of  the  education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI)  THE  SPONSORING COLLEGE MUST HAVE TOTAL ENDOWMENT ASSETS OF LESS
 THAN SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000),  BASED  ON  THE
 MOST RECENT ACADEMIC YEAR DATA COLLECTED IN THE INTEGRATED POSTSECONDARY
 EDUCATION  DATA  SYSTEM, AS REQUIRED UNDER TITLE IV OF THE HIGHER EDUCA-
 S. 8306--A                         29                         A. 8806--A
 
 TION ACT OF  1965,  AS  AMENDED,  AND  REPORTED  BY  THE  DEPARTMENT  OF
 EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS.
   § 4. Subdivision 3 of section 6401 of the education law, as amended by
 chapter 361 of the laws of 2014, is amended to read as follows:
   3.  Degree  awards.  The  amount  of such annual apportionment to each
 institution meeting the requirements of subdivision two of this  section
 shall  be  computed  by multiplying by not to exceed six hundred dollars
 the number of earned associate degrees, by not to  exceed  one  thousand
 five  hundred dollars the number of earned bachelor's degrees, by not to
 exceed nine hundred fifty dollars the number of earned master's degrees,
 and by not to exceed four thousand five hundred fifty dollars the number
 of earned doctorate degrees, conferred by such  institution  during  the
 twelve-month  period  next  preceding  the  annual period for which such
 apportionment is made, provided that there shall be  excluded  from  any
 such  computation  the number of degrees earned by students with respect
 to whom state aid other than that established by this section or section
 sixty-four hundred one-a of this article  is  granted  directly  to  the
 institution,  and provided further that, except as otherwise provided in
 this subdivision, the amount apportioned for an associate  degree  shall
 be  awarded  only  to two year institutions qualifying under subdivision
 two of this section. The regents shall  promulgate  rules  defining  and
 classifying  professional  degrees  for  the  purposes  of this section.
 Institutions qualifying for state aid  pursuant  to  the  provisions  of
 paragraph  (b) of subdivision two of this section shall, for purposes of
 this subdivision, be deemed to be the institutions which confer degrees.
 For purposes of this  subdivision,  a  two-year  institution  which  has
 received  authority  to  confer  bachelor  degrees  shall continue to be
 considered a two-year institution until such time  as  it  has  actually
 begun  to  confer the bachelor's degree. Thereafter, notwithstanding any
 other provision of law to the contrary, an institution which was former-
 ly a two-year institution for the purposes of this section and which was
 granted authority by the regents to confer bachelor  degrees,  (a)  such
 authority  having  been  granted  after  the first day of June, nineteen
 hundred ninety-three, but before the first day of July, nineteen hundred
 ninety-three, (b) such authority having been granted after the first day
 of May, two thousand five, but before the first day of June,  two  thou-
 sand five, (c) such authority having been granted after the first day of
 April,  two thousand nine, but before the first day of May, two thousand
 nine, or (d) such authority having been granted after the first  day  of
 December,  two  thousand  nine, but before the first day of January, two
 thousand ten, may elect to continue to receive awards for earned associ-
 ate degrees. Should such institution so elect, it shall not be  eligible
 during the time of such election to receive awards for earned bachelor's
 degrees.  NOTWITHSTANDING  THE PRECEDING PROVISIONS OF THIS SUBDIVISION,
 IN THE EVENT THAT THE TOTAL AMOUNT OF SUCH ANNUAL APPORTIONMENTS TO  ALL
 INSTITUTIONS MEETING THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION
 WOULD  OTHERWISE  EXCEED  THE TOTAL AMOUNT APPROPRIATED FOR UNRESTRICTED
 AID TO INDEPENDENT COLLEGES AND UNIVERSITIES, THE  ANNUAL  APPORTIONMENT
 TO EACH SUCH INSTITUTION SHALL BE REDUCED PROPORTIONALLY.
   § 5. This act shall take effect July 1, 2024.
 
                                  PART E
 
   Section  1.  Paragraph d of subdivision 7 of section 2-d of the educa-
 tion law, as added by section 1 of subpart L of part AA of chapter 56 of
 the laws of 2014, is amended to read as follows:
 S. 8306--A                         30                         A. 8806--A
 
   d. Nothing in this section  shall  limit  the  administrative  use  of
 student data or teacher or principal data by a person acting exclusively
 in  the  person's capacity as an employee of an educational agency or of
 the state or any of its political subdivisions, any court or the federal
 government  that  is  otherwise required by law. NOTHING IN THIS SECTION
 SHALL LIMIT THE SHARING OF STUDENT DATA WITH THE NEW YORK  STATE  HIGHER
 EDUCATION SERVICES CORPORATION, THE STATE UNIVERSITY OF NEW YORK, OR THE
 CITY  UNIVERSITY  OF  NEW  YORK FOR EDUCATIONAL PURPOSES PURSUANT TO THE
 PROVISIONS OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT,  20  U.S.C.
 SECTION 1232G.
   §  2.  Section  655  of  the  education law is amended by adding a new
 subdivision 9-a to read as follows:
   9-A. TO PROVIDE TO ANY STATE EDUCATIONAL AUTHORITY SUCH ASSISTANCE AND
 DATA AS THE PRESIDENT DEEMS NECESSARY  FOR  PURPOSES  OF  FINANCIAL  AID
 PROGRAM EVALUATION.
   § 3. This act shall take effect immediately.
 
                                  PART F
 
   Section  1. Section 16 of chapter 260 of the laws of 2011 amending the
 education law and the New York state urban development  corporation  act
 relating  to establishing components of the NY-SUNY 2020 challenge grant
 program, as amended by section 4 of part DD of chapter 56 of the laws of
 2021, is amended to read as follows:
   § 16. This act shall take effect July 1, 2011; provided [that sections
 one, two, three, four, five, six, eight, nine, ten, eleven,  twelve  and
 thirteen  of  this  act  shall expire 13 years after such effective date
 when upon such date the provisions of this act shall be deemed repealed;
 and provided further] that sections fourteen and  fifteen  of  this  act
 shall expire 5 years after such effective date when upon such date [the]
 SUCH provisions [of this act] shall be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   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  V  of
 chapter 56 of the laws of 2023, is amended to read as follows:
   §  3.  This act shall take effect immediately [and shall expire and be
 deemed repealed April 1, 2024]; 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 and shall be deemed to
 have been in full force and effect on and after April 1, 2024.

                                  PART H
 
   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 Z of chapter 56 of the  laws  of  2023,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$175.00] $181.00 for each month beginning on or after
 January first, two thousand [twenty-three] TWENTY-FOUR.
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   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$202.00] $208.00 for each month beginning on
 or after January first, two thousand [twenty-three] TWENTY-FOUR.
   (c)  in  the  case  of  each individual receiving enhanced residential
 care, an amount equal to at  least  [$241.00]  $249.00  for  each  month
 beginning  on  or after January first, two thousand [twenty-three] TWEN-
 TY-FOUR.
   (d) for the period commencing January  first,  two  thousand  [twenty-
 four]  TWENTY-FIVE,  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-four] TWENTY-FIVE, but prior  to  June  thirtieth,  two
 thousand [twenty-four] TWENTY-FIVE, 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
 Z of chapter 56 of the laws of 2023, are amended to read as follows:
   (a)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, for an eligible individual living  alone,  [$1,001.00]  $1,030.00;
 and for an eligible couple living alone, [$1,475.00] $1,519.00.
   (b)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, for an eligible individual living  with  others  with  or  without
 in-kind  income,  [$937.00]  $966.00;  and for an eligible couple living
 with others with or without in-kind income, [$1,417.00] $1,461.00.
   (c) On and after January first, two  thousand  [twenty-three]  TWENTY-
 FOUR,  (i) for an eligible individual receiving family care, [$1,180.48]
 $1,209.48 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,
 [$1,142.48] $1,171.48; 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-three] TWENTY-
 FOUR,  (i)  for  an  eligible  individual  receiving  residential  care,
 [$1,349.00] $1,378.00 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,  [$1,319.00]  $1,348.00; 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-three] TWENTY-
 FOUR, (i) for an  eligible  individual  receiving  enhanced  residential
 care,  [$1,608.00]  $1,637.00; and (ii) for an eligible couple receiving
 enhanced residential care, two times the amount set  forth  in  subpara-
 graph (i) of this paragraph.
 S. 8306--A                         32                         A. 8806--A

   (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-four] TWENTY-
 FIVE   but   prior   to   June  thirtieth,  two  thousand  [twenty-four]
 TWENTY-FIVE.
   § 3. This act shall take effect December 31, 2024.
 
                                  PART I
 
   Section 1. Clause (iv) of subparagraph 5 of paragraph (b) of  subdivi-
 sion 1 of section 413 of the family court act, as amended by chapter 567
 of the laws of 1989, is amended to read as follows:
   (iv) at the discretion of the court, the court may attribute or impute
 income  from[,]  such other resources as may be available to the parent,
 including, but not limited to:
   (A) non-income producing assets,
   (B) meals, lodging, memberships, automobiles or other perquisites that
 are provided as part of compensation for employment to the  extent  that
 such  perquisites  constitute  expenditures  for  personal use, or which
 expenditures directly or [indirecly] INDIRECTLY confer personal economic
 benefits,
   (C) fringe benefits provided as part of compensation  for  employment,
 and
   (D) money, goods, or services provided by relatives and friends;
   IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED,
 THE  COURT  SHALL  CONSIDER THE SPECIFIC CIRCUMSTANCES OF THE PARENT, TO
 THE EXTENT KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S  ASSETS,  RESI-
 DENCE,  EMPLOYMENT  AND EARNING HISTORY, JOB SKILLS, EDUCATIONAL ATTAIN-
 MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI-
 ERS, RECORD OF SEEKING WORK, THE LOCAL JOB MARKET, THE  AVAILABILITY  OF
 EMPLOYERS  WILLING  TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL IN THE
 LOCAL COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE  AGE,
 NUMBER,  NEEDS,  AND  CARE  OF THE CHILDREN COVERED BY THE CHILD SUPPORT
 ORDER. ATTRIBUTION OR IMPUTATION  OF  INCOME  SHALL  BE  ACCOMPANIED  BY
 SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER-
 MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU-
 ANT TO THIS CLAUSE;
   § 2. Clause (iv) of subparagraph 5 of paragraph (b) of subdivision 1-b
 of section 240 of the domestic relations law, as added by chapter 567 of
 the laws of 1989, is amended to read as follows:
   (iv) at the discretion of the court, the court may attribute or impute
 income  from[,]  such other resources as may be available to the parent,
 including, but not limited to:
   (A) non-income producing assets,
   (B) meals, lodging, memberships, automobiles or other perquisites that
 are provided as part of compensation for employment to the  extent  that
 such  perquisites  constitute  expenditures  for  personal use, or which
 expenditures directly or [indirecly] INDIRECTLY confer personal economic
 benefits,
   (C) fringe benefits provided as part of compensation  for  employment,
 and
   (D) money, goods, or services provided by relatives and friends;
   IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED,
 THE  COURT  SHALL  CONSIDER THE SPECIFIC CIRCUMSTANCES OF THE PARENT, TO
 THE EXTENT KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S  ASSETS,  RESI-
 S. 8306--A                         33                         A. 8806--A
 
 DENCE,  EMPLOYMENT  AND EARNING HISTORY, JOB SKILLS, EDUCATIONAL ATTAIN-
 MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI-
 ERS, RECORD OF SEEKING WORK, THE LOCAL JOB MARKET, THE  AVAILABILITY  OF
 EMPLOYERS  WILLING  TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL IN THE
 LOCAL COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE  AGE,
 NUMBER,  NEEDS,  AND  CARE  OF THE CHILDREN COVERED BY THE CHILD SUPPORT
 ORDER. ATTRIBUTION OR IMPUTATION  OF  INCOME  SHALL  BE  ACCOMPANIED  BY
 SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER-
 MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU-
 ANT TO THIS CLAUSE;
   § 3. Paragraph (k) of subdivision 1 of section 413 of the family court
 act,  as  amended by chapter 567 of the laws of 1989, is amended to read
 as follows:
   (k) When a party has defaulted and/or the court is otherwise presented
 with insufficient evidence to determine gross income, [the  court  shall
 order  child  support  based upon the needs or standard of living of the
 child, whichever is greater] THE SUPPORT OBLIGATION SHALL  BE  BASED  ON
 AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN
 ACCORDANCE  WITH  CLAUSE  (IV)  OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF
 THIS SUBDIVISION. Such order may be retroactively modified upward, with-
 out a showing of change in circumstances.
   § 4. Paragraph (k) of subdivision 1-b of section 240 of  the  domestic
 relations  law,  as added by chapter 567 of the laws of 1989, is amended
 to read as follows:
   (k) When a party has defaulted and/or the court is otherwise presented
 with insufficient evidence to determine gross income, [the  court  shall
 order  child  support  based upon the needs or standard of living of the
 child, whichever is greater] THE SUPPORT OBLIGATION SHALL  BE  BASED  ON
 AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN
 ACCORDANCE  WITH  CLAUSE  (IV)  OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF
 THIS SUBDIVISION. Such order may be retroactively modified upward, with-
 out a showing of change in circumstances.
   § 5. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1 of
 section 413 of the family court act, as amended by chapter  313  of  the
 laws of 2019, is amended to read as follows:
   (v)  an  amount  imputed  as  income  based  upon  the parent's former
 resources or income, if the court determines that a parent  has  reduced
 resources  or income in order to reduce or avoid the parent's obligation
 for child support; provided that incarceration shall not  be  considered
 voluntary  unemployment[,  unless  such  incarceration  is the result of
 non-payment of a child support order, or an offense against  the  custo-
 dial parent or child who is the subject of the order or judgment];
   §  6. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1-b
 of section 240 of the domestic relations law, as amended by chapter  313
 of the laws of 2019, is amended to read as follows:
   (v)  an  amount  imputed  as  income  based  upon  the parent's former
 resources or income, if the court determines that a parent  has  reduced
 resources  or income in order to reduce or avoid the parent's obligation
 for child support; provided that incarceration shall not  be  considered
 voluntary  unemployment[,  unless  such  incarceration  is the result of
 non-payment of a child support order, or an offense against  the  custo-
 dial parent or child who is the subject of the order or judgment];
   § 7. Paragraph (a) of subdivision 3 of section 451 of the family court
 act,  as  amended by chapter 313 of the laws of 2019, is amended to read
 as follows:
 S. 8306--A                         34                         A. 8806--A
 
   (a) The court may modify an order of child support, including an order
 incorporating  without  merging  an  agreement  or  stipulation  of  the
 parties,  upon  a  showing  of  a  substantial  change in circumstances.
 Incarceration shall not be considered voluntary unemployment  and  shall
 not  be a bar to finding a substantial change in circumstances [provided
 such incarceration is not the result of non-payment of a  child  support
 order,  or  an  offense against the custodial parent or child who is the
 subject of the order or judgment].
   § 8. Clause (i) of subparagraph 2 of paragraph b of subdivision  9  of
 part B of section 236 of the domestic relations law, as amended by chap-
 ter 313 of the laws of 2019, is amended to read as follows:
   (i) The court may modify an order of child support, including an order
 incorporating  without  merging  an  agreement  or  stipulation  of  the
 parties, upon a  showing  of  a  substantial  change  in  circumstances.
 Incarceration  shall  not be considered voluntary unemployment and shall
 not be a bar to finding a substantial change in circumstances  [provided
 such  incarceration  is not the result of non-payment of a child support
 order, or an offense against the custodial parent or child  who  is  the
 subject of the order or judgment].
   §  9.  This  act shall take effect immediately, and shall apply to any
 action or proceeding pending upon or commenced on or after  such  effec-
 tive date.
 
                                  PART J
 
   Section 1. Subdivision 1 of section 206-c of the labor law, as amended
 by chapter 672 of the laws of 2022, is amended to read as follows:
   1.  An employer shall provide [reasonable unpaid] PAID break time [or]
 FOR UP TO TWENTY MINUTES, AND permit an employee to  use  EXISTING  paid
 break  time or meal time FOR TIME IN EXCESS OF TWENTY MINUTES,  to allow
 an employee to express breast milk for her nursing child each time  such
 employee  has  reasonable  need  to  express breast milk for up to three
 years following child birth. No employer shall discriminate in  any  way
 against  an  employee  who  chooses  to  express breast milk in the work
 place.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
                                  PART K
 
   Section 1. Subdivision 1-a of section 198 of the labor law, as amended
 by chapter 362 of the laws of 2015, is amended to read as follows:
   1-a.  On behalf of any employee paid less than the wage to which he or
 she is entitled under the provisions of this article,  the  commissioner
 may  bring  any legal action necessary, including administrative action,
 to collect such claim and as part of such legal action, in  addition  to
 any other remedies and penalties otherwise available under this article,
 the  commissioner  shall  assess against the employer the full amount of
 any such underpayment, and an additional amount as  liquidated  damages,
 unless  the  employer  proves  a good faith basis for believing that its
 underpayment of wages was in compliance with the law. Liquidated damages
 shall be calculated by the commissioner as  no  more  than  one  hundred
 percent of the total amount of wages found to be due, except such liqui-
 dated  damages may be up to three hundred percent of the total amount of
 the wages found to be due for a willful violation of section one hundred
 ninety-four of this article. In any action instituted in the courts upon
 S. 8306--A                         35                         A. 8806--A
 
 a wage claim by an employee or the commissioner in  which  the  employee
 prevails, the court shall allow such employee to recover the full amount
 of  any underpayment, all reasonable attorney's fees, prejudgment inter-
 est  as required under the civil practice law and rules, and, unless the
 employer proves a good faith basis to believe that its  underpayment  of
 wages was in compliance with the law, an additional amount as liquidated
 damages  equal  to  one hundred percent of the total amount of the wages
 found to be due, except such liquidated  damages  may  be  up  to  three
 hundred  percent  of the total amount of the wages found to be due for a
 willful violation of section one hundred ninety-four  of  this  article.
 NOTWITHSTANDING  THE  PROVISIONS OF THIS SUBDIVISION, LIQUIDATED DAMAGES
 SHALL NOT BE APPLICABLE TO VIOLATIONS OF PARAGRAPH A OF SUBDIVISION  ONE
 OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE WHERE THE EMPLOYEE WAS
 PAID  IN  ACCORDANCE  WITH  THE AGREED TERMS OF EMPLOYMENT, BUT NOT LESS
 FREQUENTLY THAN SEMI-MONTHLY.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become  a law.
 
                                  PART L
 
   Section  1.  Subdivision 3 of section 218 of the labor law, as amended
 by chapter 2 of the laws of 2015, is amended to read as follows:
   3. (A) Provided that no  proceeding  for  administrative  or  judicial
 review  as  provided  in this chapter shall then be pending and the time
 for initiation of such proceeding shall have expired,  the  commissioner
 may  file with the county clerk of the county where the employer resides
 or has a place of business the order of the commissioner, or  the  deci-
 sion  of  the industrial board of appeals containing the amount found to
 be due including the civil penalty, if any, and  at  the  commissioner's
 discretion,  an  additional fifteen percent damages upon any outstanding
 monies owed. [At] NOTWITHSTANDING ANY  PROVISION  TO  THE  CONTRARY,  IN
 EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO
 THIS  SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON
 SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT
 THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL
 EXPENSES PAID IN THE PERFORMANCE OF  SUCH  DUTY.  ADDITIONALLY,  AT  the
 request of an employee, the commissioner shall assign, without consider-
 ation  or  liability,  that  portion of the filed order that constitutes
 wages, wage supplements, interest  on  wages  or  wage  supplements,  or
 liquidated  damages  due that employee, to that employee and may file an
 assignment or order in that amount in the name of that employee with the
 county clerk of the county where the employer resides or has a place  of
 business.  The  filing  of such assignment, order or decision shall have
 the full force and effect of a judgment duly docketed in the  office  of
 such  clerk. The assignment[, order or decision] may be enforced [by and
 in the name of the commissioner, or] by  the  employee[,]  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.
   (B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED  BY
 THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
 CIAL  REVIEW  AS  PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
 TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED,  THE  COMMIS-
 SIONER  MAY  ISSUE  A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE
 SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND  SELL  THE  REAL
 AND  PERSONAL  PROPERTY  WHICH  MAY  BE  FOUND WITHIN THEIR COUNTY OF AN
 EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM  DETERMINED  TO  BE
 S. 8306--A                         36                         A. 8806--A
 
 DUE  FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER-
 EST, PENALTIES, AND THE COST OF EXECUTING THE  WARRANT,  AND  TO  RETURN
 SUCH  WARRANT  TO  THE  COMMISSIONER  AND TO PAY INTO THE FUND THE MONEY
 COLLECTED  BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH
 WARRANT.  THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT  OF  THE
 WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON
 SUCH  CLERK  SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER
 MENTIONED IN THE WARRANT AND THE AMOUNT OF THE  CONTRIBUTION,  INTEREST,
 AND  PENALTIES  FOR  WHICH  THE WARRANT IS ISSUED AND THE DATE WHEN SUCH
 COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT  SO  DOCKETED  SHALL
 BECOME  A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT-
 TELS OF THE EMPLOYER AGAINST WHOM THE WARRANT  IS  ISSUED  IN  THE  SAME
 MANNER  AS  A  JUDGMENT  DULY  DOCKETED IN THE OFFICE OF SUCH CLERK. THE
 SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH
 LIKE EFFECT, AS THAT PROVIDED BY LAW IN  RESPECT  TO  EXECUTIONS  ISSUED
 AGAINST  PROPERTY  UPON  JUDGMENTS  OF  A COURT OF RECORD, AND FOR THEIR
 SERVICES IN EXECUTING THE WARRANT THEY SHALL BE  ENTITLED  TO  THE  SAME
 FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER.
   (C)  IN  THE  DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
 FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR  EMPLOYEE
 OF  THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
 CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH  SUCH  CLERK  SHALL
 DOCKET  IT  AND  IT  SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
 SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
 ISSUED AND DIRECTED TO AND FILED BY A  SHERIFF;  AND  IN  THE  EXECUTION
 THEREOF  SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
 LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR  COMPENSATION
 IN  EXCESS  OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
 IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE  COMMISSIONER  SHALL
 HAVE  THE  SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
 SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
   § 2. Subdivision 3 of section 219 of the  labor  law,  as  amended  by
 chapter 2 of the laws of 2015, is amended to read as follows:
   3.  (A)  Provided  that  no  proceeding for administrative or judicial
 review as provided in this chapter shall then be pending  and  the  time
 for  initiation  of such proceeding shall have expired, the commissioner
 may file with the county clerk of the county where the employer  resides
 or has a place of business the order of the commissioner or the decision
 of  the  industrial  board  of appeals containing the amount found to be
 due, including, at the commissioner's discretion, an additional  fifteen
 percent  damages  upon any outstanding monies owed. [At] NOTWITHSTANDING
 ANY PROVISION TO THE CONTRARY, IN EXECUTION OF  ANY  ORDER  OR  DECISION
 FILED  BY  THE  COMMISSIONER  PURSUANT TO THIS SECTION, THE COMMISSIONER
 SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE
 OF THE CIVIL PRACTICE LAW AND RULES, BUT THEY SHALL BE  ENTITLED  TO  NO
 FEE  OR  COMPENSATION  IN  EXCESS  OF  THE  ACTUAL  EXPENSES PAID IN THE
 PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of  an  employee,
 the  commissioner shall assign, without consideration or liability, that
 portion of the filed order that  constitutes  wages,  wage  supplements,
 interest  on  wages  or  wage supplements, or liquidated damages due the
 employee, to that employee and may file an assignment or order  in  that
 amount  in the name of such employee with the county clerk of the county
 where the employer resides or has a place of  business.  The  filing  of
 such  assignment, order or decision shall have the full force and effect
 of a judgment duly docketed in the office of  such  clerk.  The  assign-
 ment[,  order  or  decision]  may be enforced [by and in the name of the
 S. 8306--A                         37                         A. 8806--A

 commissioner, or] by the employee[,] 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.
   (B)  IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
 THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
 CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE  PENDING  AND  THE
 TIME  FOR  INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
 SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL,  DIRECTED  TO  THE
 SHERIFF  OF  ANY  COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL
 AND PERSONAL PROPERTY WHICH MAY BE  FOUND  WITHIN  THEIR  COUNTY  OF  AN
 EMPLOYER  WHO  HAS  DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE
 DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH  INTER-
 EST,  PENALTIES,  AND  THE  COST OF EXECUTING THE WARRANT, AND TO RETURN
 SUCH WARRANT TO THE COMMISSIONER AND TO PAY  INTO  THE  FUND  THE  MONEY
 COLLECTED  BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH
 WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE  RECEIPT  OF  THE
 WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON
 SUCH  CLERK  SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER
 MENTIONED IN THE WARRANT AND THE AMOUNT OF THE  CONTRIBUTION,  INTEREST,
 AND  PENALTIES  FOR  WHICH  THE WARRANT IS ISSUED AND THE DATE WHEN SUCH
 COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT  SO  DOCKETED  SHALL
 BECOME  A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT-
 TELS REAL OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME
 MANNER AS A JUDGMENT DULY DOCKETED IN THE  OFFICE  OF  SUCH  CLERK.  THE
 SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH
 LIKE  EFFECT,  AS  THAT  PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED
 AGAINST PROPERTY UPON JUDGMENTS OF A COURT  OF  RECORD,  AND  FOR  THEIR
 SERVICES  IN  EXECUTING  THE  WARRANT THEY SHALL BE ENTITLED TO THE SAME
 FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER.
   (C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT  OF  LIKE  TERMS,
 FORCE,  AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
 OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH  THE
 CLERK  OF  ANY  COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
 DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME  MANNER  AND  WITH  THE
 SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
 ISSUED  AND  DIRECTED  TO  AND  FILED BY A SHERIFF; AND IN THE EXECUTION
 THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED  BY
 LAW  UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
 IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF  SUCH  DUTY.
 IF  A  WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
 HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF  THE  COMMIS-
 SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
   § 3. This act shall take effect immediately.
 
                                  PART M
 
   Section  1.  Section  2 of chapter 25 of the laws of 2020, relating to
 providing requirements for sick  leave  and  the  provision  of  certain
 employee  benefits  when  such  employee  is  subject  to a mandatory or
 precautionary order of quarantine  or  isolation  due  to  COVID-19,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately AND SHALL EXPIRE AND BE
 DEEMED REPEALED JULY 31, 2024.
   § 2. This act shall take effect immediately.
 
                                  PART N
 S. 8306--A                         38                         A. 8806--A

   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, 2025.  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 2023-2024 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, 2024.
   § 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, 2025. 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
 2023-2024  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,
 2024.
   §  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 $23,180,000 for the fiscal  year  ending  March
 31,  2025.    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
 S. 8306--A                         39                         A. 8806--A
 
 $23,180,000,  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 2023-2024 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, 2024.
   § 4. Notwithstanding any other provision of law, the homeless  housing
 and  assistance  corporation  may  provide, for purposes of the New York
 state supportive housing program,  the  solutions  to  end  homelessness
 program or the operational support for AIDS housing program, or to qual-
 ified  grantees under such programs, in accordance with the requirements
 of such programs, a sum not to exceed $53,581,000 for  the  fiscal  year
 ending  March  31, 2025. The homeless housing and assistance corporation
 may enter into an agreement with the office of temporary and  disability
 assistance to administer such sum in accordance with the requirements of
 such  programs.  Notwithstanding any other provision of law, and subject
 to the approval of the New York state director of the budget, the  board
 of  directors  of  the state of New York mortgage agency shall authorize
 the transfer to the homeless housing and assistance corporation, a total
 sum not to exceed $53,581,000, 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 2023-2024 in accordance with section 2429-b
 of the public authorities law, if any, and/or  (ii)  provided  that  the
 reserves in the project pool insurance account of the mortgage insurance
 fund  created  pursuant  to section 2429-b of the public authorities law
 are sufficient to attain and maintain the credit rating as determined by
 the state of New  York  mortgage  agency,  required  to  accomplish  the
 purposes  of  such  account,  the  project pool insurance account of the
 mortgage insurance fund, such transfer shall be made as soon as  practi-
 cable but no later than March 31, 2025.
   § 5. This act shall take effect immediately.
 
                                  PART O
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "heirs property protection and deed theft prevention act of 2024".
   § 2. Subdivision 3 of section 30.10 of the criminal procedure  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H)  A  PROSECUTION  FOR  ANY  FELONY RELATED TO A DEED THEFT OR WHERE
 THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL  PROPERTY
 MUST BE COMMENCED WITHIN EIGHT YEARS AFTER THE COMMISSION OF THE CRIME.
   §  3.  The penal law is amended by adding a new article 162 to read as
 follows:
                                 ARTICLE 162
                   RESIDENTIAL AND COMMERCIAL DEED THEFT
 S. 8306--A                         40                         A. 8806--A
 
 SECTION 162.00 DEFINITIONS.
         162.05 DEED THEFT IN THE THIRD DEGREE.
         162.10 DEED THEFT IN THE SECOND DEGREE.
         162.15 DEED THEFT IN THE FIRST DEGREE.
         162.20 AGGRAVATED DEED THEFT.
 § 162.00 DEFINITIONS.
   FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (1) "DEED THEFT" IS COMMITTED BY A PERSON WHO:
   (A) INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS PROPERTY
 DOCUMENTS SUCH AS A RESIDENTIAL OR COMMERCIAL DEED OR  TITLE,  WITH  THE
 INTENT TO DECEIVE, DEFRAUD OR UNLAWFULLY TRANSFER OR ENCUMBER THE OWNER-
 SHIP RIGHTS OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR
   (B)  WITH  INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE OWNER OR
 AUTHORIZED REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY  TO
 INDUCE  OTHERS  TO  RELY  ON  SUCH  FALSE INFORMATION IN ORDER TO OBTAIN
 OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR
   (C) WITH INTENT TO DEFRAUD, TAKES, OBTAINS, STEALS, OR TRANSFERS TITLE
 OR OWNERSHIP OF REAL PROPERTY BY FRAUD, FORGERY, LARCENY, OR  ANY  OTHER
 FRAUDULENT OR DECEPTIVE PRACTICE.
   (2)  "RESIDENTIAL  REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL
 HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION  187.00
 OF THIS PART.
   (3)  "COMMERCIAL  REAL  PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL
 HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX  OF
 SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE REAL PROPERTY TAX LAW.
   (4)  "MIXED-USE  PROPERTY"  SHALL  HAVE THE SAME MEANING AS DEFINED IN
 SUBDIVISION TWENTY-TWO OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA  OF  THE
 REAL PROPERTY TAX LAW.
   (5)  "INCOMPETENT"  SHALL  HAVE THE SAME MEANING AS DEFINED IN SECTION
 1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW.
   (6) "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF  MENTAL
 DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL
 HYGIENE  LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN PROP-
 ERTY AND/OR PERSONAL NEEDS, AND IS LIKELY TO SUFFER  HARM  BECAUSE  SUCH
 PERSON  IS  UNABLE  TO  UNDERSTAND  AND APPRECIATE THE NATURE AND CONSE-
 QUENCES OF NOT BEING ABLE TO CARE FOR  THEIR  PROPERTY  AND/OR  PERSONAL
 NEEDS.
 § 162.05 DEED THEFT IN THE THIRD DEGREE.
   A  PERSON IS GUILTY OF DEED THEFT IN THE THIRD DEGREE WHEN SUCH PERSON
 COMMITS DEED THEFT OF ONE COMMERCIAL REAL PROPERTY.
   DEED THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 162.10 DEED THEFT IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF DEED THEFT IN THE SECOND DEGREE WHEN SUCH PERSON
 COMMITS DEED THEFT OF: (1) ONE RESIDENTIAL REAL  PROPERTY;  OR  (2)  ONE
 COMMERCIAL MIXED-USE PROPERTY WITH AT LEAST ONE RESIDENTIAL UNIT; OR (3)
 THREE OR MORE COMMERCIAL PROPERTIES.
   DEED THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 162.15 DEED THEFT IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF DEED THEFT IN THE FIRST DEGREE WHEN SUCH PERSON:
   (1) COMMITS DEED THEFT OF A RESIDENTIAL PROPERTY THAT IS OCCUPIED AS A
 HOME  BY AT LEAST ONE PERSON; OR (2) COMMITS DEED THEFT OF A RESIDENTIAL
 PROPERTY THAT INVOLVES A HOME THAT IS OWNED OR OCCUPIED  BY  AN  ELDERLY
 PERSON  OR  AN  INCOMPETENT,  OR  AN INCAPACITATED PERSON, OR PHYSICALLY
 DISABLED PERSON.
   DEED THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
 S. 8306--A                         41                         A. 8806--A
 
 § 162.20 AGGRAVATED DEED THEFT.
   A  PERSON  IS GUILTY OF AGGRAVATED DEED THEFT WHEN SUCH PERSON COMMITS
 DEED THEFT OF THREE OR MORE RESIDENTIAL PROPERTIES.
   AGGRAVATED DEED THEFT IS A CLASS B FELONY.
   § 4. Subdivision 3 of section 187.00 of the penal law, as  amended  by
 chapter 507 of the laws of 2009, is amended to read as follows:
   3.  "Residential  real  property"  means real property THAT IS USED OR
 OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY,  AS  THE
 HOME  OR  RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT
 IS improved by a one-to-four family dwelling, or a residential unit in a
 building including units owned  as  condominiums  or  on  a  cooperative
 basis,  used  or occupied, or intended to be used or occupied, wholly or
 partly, as the home or residence of one or more persons, but  shall  not
 refer  to  unimproved  real property upon which such dwellings are to be
 constructed.
   § 5. Section 993 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 12 to read as follows:
   12.  PROHIBITION  ON  INITIATION  OF  A PARTITION ACTION. NO PARTITION
 ACTION RELATED TO AN HEIRS PROPERTY MAY BE INITIATED BY A CO-TENANT  WHO
 DID  NOT INHERIT THEIR SHARE OR SHARES FROM A RELATIVE OR BY A CO-TENANT
 WHO IS NOT A RELATIVE OF A CO-TENANT WHO INHERITED THEIR SHARE OR SHARES
 OF THE HEIRS PROPERTY FROM A RELATIVE.
   § 6. Section 993 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 13 to read as follows:
   13.  RIGHT OF FIRST REFUSAL. (A) WHEN A CO-TENANT RECEIVES A BONA FIDE
 OFFER FROM A NON-CO-TENANT TO PURCHASE A SHARE OR  SHARES  OF  AN  HEIRS
 PROPERTY  AND THE CO-TENANT INTENDS TO ACCEPT OR RESPOND WITH A COUNTER-
 OFFER, THE CO-TENANTS WHO INHERITED THEIR SHARE OR SHARES OF THE PROPER-
 TY, OR THE CO-TENANTS WHO ARE RELATIVES TO THOSE CO-TENANTS  WHO  INHER-
 ITED  THEIR  SHARE  OR  SHARES  OF  THE PROPERTY SHALL HAVE THE RIGHT TO
 PURCHASE SUCH SHARES FOR THE IDENTICAL PRICE, TERMS, AND  CONDITIONS  OF
 THE OFFER OR COUNTEROFFER.
   (B)  IT  SHALL  BE  THE DUTY OF THE NON-CO-TENANT WHO MADE THE INITIAL
 OFFER FOR THE SHARE OR SHARES OF THE PROPERTY AS WELL AS  THE  CO-TENANT
 WHO  RECEIVED THE OFFER TO EXERCISE ALL DUE DILIGENCE TO IDENTIFY ALL OF
 THE OTHER CO-TENANTS TO THE PROPERTY AND NOTIFY SUCH CO-TENANTS  OF  THE
 PENDING  OFFER.  NOTICE SHALL BE MADE IN THE SAME MANNER AS SET FORTH IN
 SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE  LAW  AND  RULES.  THE
 OTHER  CO-TENANTS SHALL HAVE NINETY DAYS FROM THE DATE THEY ARE NOTIFIED
 OF THE OFFER TO MATCH SUCH OFFER.
   (C) IN THE EVENT THAT THE OTHER CO-TENANTS ARE  NOT  NOTIFIED  OF  THE
 OFFER  AND  THE  SALE IS COMPLETED, AND THE OFFEROR DID NOT EXERCISE THE
 REQUIRED DUE DILIGENCE TO NOTIFY THE OTHER CO-TENANTS OF THE HEIRS PROP-
 ERTY, THE OTHER CO-TENANTS SHALL HAVE THE RIGHT TO PURCHASE  THE  SHARES
 FROM  THE NON-RELATIVE CO-TENANT FOR THE PRICE PAID BY SUCH NON-RELATIVE
 CO-TENANT, PLUS ANY APPLICABLE INTEREST AT A RATE  OF  TWO  PERCENT  PER
 ANNUM. SUCH RIGHT SHALL EXPIRE NINETY DAYS AFTER THE OTHER CO-TENANTS TO
 THE HEIRS PROPERTY ARE MADE AWARE OF THE SALE.
   §  7.  The real property law is amended by adding a new section 424 to
 read as follows:
   § 424.  TRANSFER ON DEATH DEED. 1. DEFINITIONS. FOR  THE  PURPOSES  OF
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "BENEFICIARY"  MEANS A PERSON WHO RECEIVES PROPERTY IN A TRANSFER
 ON DEATH DEED.
   (B) "DESIGNATED BENEFICIARY" MEANS  A  PERSON  DESIGNATED  TO  RECEIVE
 PROPERTY IN A TRANSFER ON DEATH DEED.
 S. 8306--A                         42                         A. 8806--A
 
   (C)   "JOINT OWNER" MEANS AN INDIVIDUAL WHO OWNS PROPERTY CONCURRENTLY
 WITH ONE OR MORE OTHER INDIVIDUALS WITH A RIGHT OF  SURVIVORSHIP.    THE
 TERM  INCLUDES  A JOINT TENANT, OWNER OF COMMUNITY PROPERTY WITH A RIGHT
 OF SURVIVORSHIP AND TENANT BY THE ENTIRETY. THE TERM DOES NOT INCLUDE  A
 TENANT  IN  COMMON  OR  OWNER  OF  COMMUNITY PROPERTY WITHOUT A RIGHT OF
 SURVIVORSHIP.
   (D) "PERSON" INCLUDES A NATURAL PERSON,  AN  ASSOCIATION,  BOARD,  ANY
 CORPORATION,  WHETHER MUNICIPAL, STOCK OR NON-STOCK, COURT, GOVERNMENTAL
 AGENCY, AUTHORITY OR SUBDIVISION, PARTNERSHIP  OR  OTHER  FIRM  AND  THE
 STATE.
   (E)  "PROPERTY"  MEANS  AN  INTEREST  IN REAL PROPERTY LOCATED IN THIS
 STATE WHICH IS TRANSFERABLE ON THE DEATH OF THE OWNER.
   (F) "TRANSFER ON DEATH  DEED"  MEANS  A  DEED  AUTHORIZED  UNDER  THIS
 SECTION.
   (G)  "TRANSFEROR"  MEANS  AN  INDIVIDUAL WHO MAKES A TRANSFER ON DEATH
 DEED.
   2. NONEXCLUSIVITY.  THIS SECTION DOES NOT AFFECT ANY METHOD OF  TRANS-
 FERRING PROPERTY OTHERWISE PERMITTED UNDER THE LAW OF THIS STATE.
   3. TRANSFER ON DEATH DEED AUTHORIZED. AN INDIVIDUAL MAY TRANSFER PROP-
 ERTY TO ONE OR MORE BENEFICIARIES EFFECTIVE AT THE TRANSFEROR'S DEATH BY
 A TRANSFER ON DEATH DEED.
   4. TRANSFER ON DEATH DEED REVOCABLE. A TRANSFER ON DEATH DEED IS REVO-
 CABLE  EVEN  IF  THE  DEED  OR  ANOTHER  INSTRUMENT  CONTAINS A CONTRARY
 PROVISION.
   5. TRANSFER ON DEATH DEED NONTESTAMENTARY. A TRANSFER ON DEATH DEED IS
 NONTESTAMENTARY.
   6. CAPACITY OF TRANSFEROR. THE CAPACITY REQUIRED TO MAKE OR  REVOKE  A
 TRANSFER  ON  DEATH  DEED IS THE SAME AS THE CAPACITY REQUIRED TO MAKE A
 WILL.
   7. REQUIREMENTS. A TRANSFER ON DEATH DEED:
   (A) EXCEPT AS OTHERWISE PROVIDED IN THIS  SUBDIVISION,  SHALL  CONTAIN
 THE  ESSENTIAL  ELEMENTS  AND FORMALITIES OF A PROPERLY RECORDABLE INTER
 VIVOS DEED;
   (B) SHALL STATE THAT THE TRANSFER TO THE DESIGNATED BENEFICIARY IS  TO
 OCCUR AT THE TRANSFEROR'S DEATH;
   (C) SHALL BE SIGNED BY TWO WITNESSES WHO WERE PRESENT AT THE SAME TIME
 AND WHO WITNESSED THE SIGNING OF THE TRANSFER ON DEATH DEED;
   (D) SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC; AND
   (E)  SHALL  BE  RECORDED  BEFORE  THE TRANSFEROR'S DEATH IN THE PUBLIC
 RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS
 LOCATED IN THE SAME MANNER AS ANY OTHER TYPE OF DEED.
   8. NOTICE, DELIVERY, ACCEPTANCE, CONSIDERATION NOT REQUIRED.  A TRANS-
 FER ON DEATH DEED SHALL BE EFFECTIVE WITHOUT:
   (A)  NOTICE OR DELIVERY TO OR ACCEPTANCE BY THE DESIGNATED BENEFICIARY
 DURING THE TRANSFEROR'S LIFE; OR
   (B) CONSIDERATION.
   9. REVOCATION BY INSTRUMENT AUTHORIZED; REVOCATION BY ACT NOT  PERMIT-
 TED.
   (A)  SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION, AN INSTRUMENT SHALL
 BE EFFECTIVE TO REVOKE A RECORDED TRANSFER ON DEATH DEED, OR ANY PART OF
 IT, ONLY IF THE INSTRUMENT:
   (1) IS ONE OF THE FOLLOWING:
   (A) A TRANSFER ON DEATH DEED THAT REVOKES THE DEED OR PART OF THE DEED
 EXPRESSLY OR BY INCONSISTENCY;
   (B)    AN  INSTRUMENT OF REVOCATION THAT EXPRESSLY REVOKES THE DEED OR
 PART OF THE DEED; OR
 S. 8306--A                         43                         A. 8806--A
 
   (C) AN INTER VIVOS DEED THAT EXPRESSLY REVOKES THE TRANSFER  ON  DEATH
 DEED OR PART OF THE DEED; AND
   (2)  IS ACKNOWLEDGED BY THE TRANSFEROR AFTER THE ACKNOWLEDGMENT OF THE
 DEED  BEING  REVOKED  AND  RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE
 PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE DEED
 IS RECORDED.
   (B) IF A TRANSFER ON DEATH DEED IS MADE BY MORE THAN ONE TRANSFEROR:
   (1)  REVOCATION BY A TRANSFEROR SHALL NOT AFFECT THE DEED  AS  TO  THE
 INTEREST OF ANOTHER TRANSFEROR; AND
   (2)  A  DEED OF JOINT OWNERS SHALL ONLY BE REVOKED IF IT IS REVOKED BY
 ALL OF THE LIVING JOINT OWNERS.
   (C)  AFTER A TRANSFER ON DEATH DEED  IS  RECORDED,  IT  SHALL  NOT  BE
 REVOKED BY A REVOCATORY ACT ON THE DEED.
   (D) THIS SECTION SHALL NOT LIMIT THE EFFECT OF AN INTER VIVOS TRANSFER
 OF THE PROPERTY.
   10.  EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE. DURING
 A TRANSFEROR'S LIFE, A TRANSFER ON DEATH DEED SHALL NOT:
   (A) AFFECT AN INTEREST OR RIGHT OF THE TRANSFEROR OR ANY OTHER  OWNER,
 INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE PROPERTY;
   (B) AFFECT AN INTEREST OR RIGHT OF A TRANSFEREE, EVEN IF THE TRANSFER-
 EE HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED;
   (C)  AFFECT AN INTEREST OR RIGHT OF A SECURED OR UNSECURED CREDITOR OR
 FUTURE CREDITOR OF THE TRANSFEROR, EVEN IF THE CREDITOR  HAS  ACTUAL  OR
 CONSTRUCTIVE NOTICE OF THE DEED;
   (D)  AFFECT  THE  TRANSFEROR'S OR DESIGNATED BENEFICIARY'S ELIGIBILITY
 FOR ANY FORM OF PUBLIC ASSISTANCE;
   (E) CREATE A LEGAL OR EQUITABLE INTEREST IN FAVOR  OF  THE  DESIGNATED
 BENEFICIARY; OR
   (F)  SUBJECT  THE  PROPERTY  TO CLAIMS OR PROCESS OF A CREDITOR OF THE
 DESIGNATED BENEFICIARY.
   11. EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH. (A) EXCEPT
 AS OTHERWISE PROVIDED IN THE TRANSFER ON DEATH DEED, IN THIS SECTION  OR
 IN  ANY  OTHER SECTION OF LAW WHICH EFFECTS NONPROBATE TRANSFERS, ON THE
 DEATH OF THE TRANSFEROR, THE FOLLOWING RULES APPLY TO PROPERTY  THAT  IS
 THE  SUBJECT  OF A TRANSFER ON DEATH DEED AND OWNED BY THE TRANSFEROR AT
 DEATH:
   (1) SUBJECT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH, THE INTEREST IN THE
 PROPERTY SHALL BE TRANSFERRED TO THE DESIGNATED BENEFICIARY  IN  ACCORD-
 ANCE WITH THE DEED.
   (2)  THE  INTEREST  OF  A  DESIGNATED BENEFICIARY IS CONTINGENT ON THE
 DESIGNATED BENEFICIARY SURVIVING  THE  TRANSFEROR.  THE  INTEREST  OF  A
 DESIGNATED BENEFICIARY THAT FAILS TO SURVIVE THE TRANSFEROR LAPSES.
   (3)  SUBJECT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH, CONCURRENT INTER-
 ESTS SHALL BE TRANSFERRED TO THE BENEFICIARIES IN  EQUAL  AND  UNDIVIDED
 SHARES WITH NO RIGHT OF SURVIVORSHIP.
   (4)  IF THE TRANSFEROR HAS IDENTIFIED TWO OR MORE DESIGNATED BENEFICI-
 ARIES TO RECEIVE CONCURRENT INTERESTS IN THE PROPERTY, THE SHARE OF  ONE
 WHICH  LAPSES OR FAILS FOR ANY REASON SHALL BE TRANSFERRED TO THE OTHER,
 OR TO THE OTHERS IN PROPORTION TO THE INTEREST OF EACH IN THE  REMAINING
 PART OF THE PROPERTY HELD CONCURRENTLY.
   (B)  SUBJECT TO THIS CHAPTER, A BENEFICIARY TAKES THE PROPERTY SUBJECT
 TO ALL CONVEYANCES,  ENCUMBRANCES,  ASSIGNMENTS,  CONTRACTS,  MORTGAGES,
 LIENS,  AND  OTHER  INTERESTS  TO  WHICH  THE PROPERTY IS SUBJECT AT THE
 TRANSFEROR'S DEATH. FOR PURPOSES OF THIS PARAGRAPH AND THIS CHAPTER, THE
 RECORDING OF THE TRANSFER ON DEATH DEED SHALL BE DEEMED TO HAVE OCCURRED
 AT THE TRANSFEROR'S DEATH.
 S. 8306--A                         44                         A. 8806--A
 
   (C) IF A TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY  ONE  OR  MORE
 OTHER  JOINT  OWNERS,  THE PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON
 DEATH DEED SHALL BELONG TO THE SURVIVING  JOINT  OWNER  OR  OWNERS  WITH
 RIGHT OF SURVIVORSHIP.
   (D)  IF  A TRANSFEROR IS A JOINT OWNER AND IS THE LAST SURVIVING JOINT
 OWNER, THE TRANSFER ON DEATH DEED SHALL BE EFFECTIVE.
   (E) A TRANSFER ON DEATH DEED TRANSFERS PROPERTY  WITHOUT  COVENANT  OR
 WARRANTY OF TITLE EVEN IF THE DEED CONTAINS A CONTRARY PROVISION.
   12. APPLICABILITY OF INVALIDATING AND REVOCATORY PRINCIPLES. (A) NOTH-
 ING  IN THIS SECTION SHALL LIMIT THE APPLICATION OF PRINCIPLES OF FRAUD,
 UNDUE INFLUENCE, DURESS, MISTAKE,  OR  OTHER  INVALIDATING  CAUSE  TO  A
 TRANSFER OF PROPERTY.
   (B)  DIVORCE,  ANNULMENT  OR DECLARATION OF NULLITY, OR DISSOLUTION OF
 MARRIAGE, SHALL HAVE THE SAME EFFECT ON A  TRANSFER  ON  DEATH  DEED  AS
 OUTLINED IN SECTION 5-1.4 OF THE ESTATES, POWERS AND TRUSTS LAW.
   13.  RENUNCIATION. A BENEFICIARY MAY RENOUNCE ALL OR PART OF THE BENE-
 FICIARY'S INTEREST IN THE SAME MANNER AS IF THE INTEREST WAS TRANSFERRED
 IN A WILL.
   14. LIABILITY FOR CREDITOR CLAIMS AND STATUTORY ALLOWANCES. (A) TO THE
 EXTENT THE TRANSFEROR'S PROBATE ESTATE IS  INSUFFICIENT  TO  SATISFY  AN
 ALLOWED CLAIM AGAINST THE ESTATE OR A STATUTORY ALLOWANCE TO A SURVIVING
 SPOUSE  OR  CHILD, THE ESTATE MAY ENFORCE THE LIABILITY AGAINST PROPERTY
 TRANSFERRED AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED.
   (B) IF MORE THAN ONE PROPERTY IS TRANSFERRED BY ONE OR  MORE  TRANSFER
 ON DEATH DEEDS, THE LIABILITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION IS
 APPORTIONED  AMONG  THE  PROPERTIES IN PROPORTION TO THEIR NET VALUES AT
 THE TRANSFEROR'S DEATH.
   (C) A PROCEEDING TO ENFORCE THE LIABILITY UNDER THIS SECTION  MUST  BE
 COMMENCED NO LATER THAN EIGHTEEN MONTHS AFTER THE TRANSFEROR'S DEATH.
   15.  FORM OF TRANSFER ON DEATH DEED. THE FOLLOWING FORM MAY BE USED TO
 CREATE A TRANSFER ON DEATH DEED. THE OTHER SUBDIVISIONS OF THIS  SECTION
 SHALL  GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO CREATE
 A TRANSFER ON DEATH DEED:
 
 (FRONT OF FORM)
 
 REVOCABLE TRANSFER ON DEATH DEED
 
 NOTICE TO OWNER
 YOU SHOULD CAREFULLY READ ALL INFORMATION ON  THE  OTHER  SIDE  OF  THIS
 FORM.  YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM.
 THIS  FORM  MUST BE RECORDED BEFORE YOUR DEATH, OR IT WILL NOT BE EFFEC-
 TIVE.
 
 IDENTIFYING INFORMATION
 OWNER OR OWNERS MAKING THIS DEED:
 
 
 ____________________________________________________
 PRINTED NAME                MAILING ADDRESS
 S. 8306--A                         45                         A. 8806--A
 
 ____________________________________________________
 PRINTED NAME              MAILING ADDRESS
 
 LEGAL DESCRIPTION OF THE PROPERTY:
 
 
 ____________________________________________________
 
 PRIMARY BENEFICIARY
 I DESIGNATE THE FOLLOWING BENEFICIARY IF THE BENEFICIARY SURVIVES ME.
 
 
 ____________________________________________________
 PRINTED NAME              MAILING ADDRESS, IF AVAILABLE
 
 ALTERNATE BENEFICIARY - OPTIONAL
 IF MY PRIMARY BENEFICIARY DOES NOT SURVIVE ME, I DESIGNATE THE FOLLOWING
 ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME.
 
 
 ____________________________________________________
 PRINTED NAME              MAILING ADDRESS, IF AVAILABLE
 
 TRANSFER ON DEATH
 AT  MY  DEATH,  I  TRANSFER MY INTEREST IN THE DESCRIBED PROPERTY TO THE
 BENEFICIARIES AS DESIGNATED ABOVE. BEFORE MY DEATH, I HAVE THE RIGHT  TO
 REVOKE THIS DEED.
 
 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
 
 
 ____________________________________________________
 SIGNATURE            DATE
 

 ____________________________________________________
 SIGNATURE            DATE
 
 SIGNATURE OF WITNESSES
 
 
 ____________________________________________________
 SIGNATURE            DATE
 S. 8306--A                         46                         A. 8806--A
 
 ____________________________________________________
 SIGNATURE            DATE
 
 
 ____________________________________________________
 
 NOTARY ACKNOWLEDGMENT
 (INSERT NOTARY ACKNOWLEDGMENT FOR DEED HERE)
 
 (BACK OF FORM)
 COMMON QUESTIONS ABOUT THE USE OF THIS FORM
 
 WHAT DOES THE TRANSFER ON DEATH (TOD) DEED DO?

 WHEN YOU DIE, THIS DEED TRANSFERS THE DESCRIBED PROPERTY, SUBJECT TO ANY
 LIENS  OR  MORTGAGES  (OR  OTHER  ENCUMBRANCES)  ON THE PROPERTY AT YOUR
 DEATH.  PROBATE IS NOT REQUIRED. THE TOD DEED HAS NO  EFFECT  UNTIL  YOU
 DIE.  YOU  CAN  REVOKE IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE
 PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME. IF YOU  DO  NOT  OWN  ANY
 INTEREST IN THE PROPERTY WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT.
 
 HOW DO I MAKE A TOD DEED?
 
 COMPLETE  THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD
 THE FORM IN EACH COUNTY WHERE ANY PART OF THE PROPERTY IS  LOCATED.  THE
 FORM  HAS  NO  EFFECT UNLESS IT IS ACKNOWLEDGED AND RECORDED BEFORE YOUR
 DEATH.

 IS THE "LEGAL DESCRIPTION" OF THE PROPERTY NECESSARY?
 
 YES.
 
 HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY?
 
 THIS INFORMATION MAY BE ON THE DEED YOU  RECEIVED  WHEN  YOU  BECAME  AN
 OWNER  OF  THE  PROPERTY.  THIS INFORMATION MAY ALSO BE AVAILABLE IN THE
 COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY  IS  LOCATED.  IF
 YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
 
 CAN I CHANGE MY MIND BEFORE I RECORD THE TOD DEED?
 
 YES. IF YOU HAVE NOT YET RECORDED THE DEED AND WANT TO CHANGE YOUR MIND,
 SIMPLY TEAR UP OR OTHERWISE DESTROY THE DEED.
 
 HOW DO I "RECORD" THE TOD DEED?
 
 TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF
 THE  COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN
 BY THE COUNTY CLERK TO MAKE THE  FORM  PART  OF  THE  OFFICIAL  PROPERTY
 RECORDS.  IF  THE PROPERTY IS IN MORE THAN ONE COUNTY, YOU SHOULD RECORD
 THE DEED IN EACH COUNTY.
 
 CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND?
 S. 8306--A                         47                         A. 8806--A
 
 YES. YOU CAN REVOKE THE TOD DEED. NO ONE, INCLUDING  THE  BENEFICIARIES,
 CAN PREVENT YOU FROM REVOKING THE DEED.
 
 HOW DO I REVOKE THE TOD DEED AFTER IT IS RECORDED?
 
 THERE ARE THREE WAYS TO REVOKE A RECORDED TOD DEED:
 
 (1)  COMPLETE  AND  ACKNOWLEDGE  A REVOCATION FORM AND RECORD IT IN EACH
 COUNTY WHERE THE PROPERTY IS LOCATED.

 (2) COMPLETE AND ACKNOWLEDGE A NEW TOD DEED THAT DISPOSES  OF  THE  SAME
 PROPERTY AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED.
 
 (3)  TRANSFER  THE  PROPERTY  TO  SOMEONE ELSE DURING YOUR LIFETIME BY A
 RECORDED DEED THAT EXPRESSLY REVOKES THE TOD DEED. YOU  MAY  NOT  REVOKE
 THE TOD DEED BY WILL.
 
 I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO?
 
 DO  NOT  COMPLETE  THIS  FORM UNDER PRESSURE.   SEEK HELP FROM A TRUSTED
 FAMILY MEMBER, FRIEND, OR LAWYER.
 
 DO I NEED TO TELL THE BENEFICIARIES ABOUT THE TOD DEED?
 
 NO, BUT IT IS RECOMMENDED. SECRECY CAN  CAUSE  LATER  COMPLICATIONS  AND
 MIGHT MAKE IT EASIER FOR OTHERS TO COMMIT FRAUD.
 
 I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO?

 THIS  FORM  IS  DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE
 OTHER QUESTIONS, YOU ARE ENCOURAGED TO CONSULT A LAWYER.
 
   16.  FORM OF REVOCATION. THE FOLLOWING FORM MAY BE USED TO  CREATE  AN
 INSTRUMENT  OF  REVOCATION UNDER THIS SECTION. THE OTHER SUBDIVISIONS OF
 THIS SECTION SHALL GOVERN THE EFFECT OF THIS, OR  ANY  OTHER  INSTRUMENT
 USED TO REVOKE A TRANSFER ON DEATH DEED.
 
 (FRONT OF FORM)
 REVOCATION OF TRANSFER ON DEATH DEED
 
 NOTICE TO OWNER
 THIS  REVOCATION  MUST  BE  RECORDED  BEFORE  YOU DIE, OR IT WILL NOT BE
 EFFECTIVE.  THIS REVOCATION IS EFFECTIVE ONLY AS TO THE INTERESTS IN THE
 PROPERTY OF OWNERS WHO SIGN THIS REVOCATION.
 
 IDENTIFYING INFORMATION
 OWNER OR OWNERS OF PROPERTY MAKING THIS REVOCATION:
 
 
 ____________________________________________________
 PRINTED NAME                MAILING ADDRESS
 S. 8306--A                         48                         A. 8806--A
 
 ____________________________________________________
 PRINTED NAME                MAILING ADDRESS
 
 LEGAL DESCRIPTION OF THE PROPERTY:
 
 
 ____________________________________________________
 
 REVOCATION
 I REVOKE ALL MY PREVIOUS TRANSFERS OF THIS PROPERTY BY TRANSFER ON DEATH
 DEED.
 
 SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
 
 
 ____________________________________________________
 SIGNATURE            DATE
 

 ____________________________________________________
 SIGNATURE            DATE
 
 SIGNATURE OF WITNESSES
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 NOTARY ACKNOWLEDGMENT
 (INSERT NOTARY ACKNOWLEDGMENT HERE)
 
 (BACK OF FORM)
 
 COMMON QUESTIONS ABOUT THE USE OF THIS FORM
 
 HOW DO I USE THIS FORM TO REVOKE A TRANSFER ON DEATH (TOD) DEED?
 
 COMPLETE  THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD
 THE FORM IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUN-
 TY WHERE THE PROPERTY IS LOCATED. THE  FORM  MUST  BE  ACKNOWLEDGED  AND
 RECORDED BEFORE YOUR DEATH, OR IT HAS NO EFFECT.
 S. 8306--A                         49                         A. 8806--A
 
 HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY?
 
 THIS INFORMATION MAY BE ON THE TOD DEED. IT MAY ALSO BE AVAILABLE IN THE
 COUNTY  CLERK'S  OFFICE  OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF
 YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
 
 HOW DO I "RECORD" THE FORM?
 
 TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF
 THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS  GIVEN
 BY  THE  COUNTY  CLERK  TO  MAKE  THE FORM PART OF THE OFFICIAL PROPERTY
 RECORDS. IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU  SHOULD
 RECORD THE FORM IN EACH OF THOSE COUNTIES.
 
 I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO?
 
 DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMI-
 LY MEMBER, FRIEND, OR LAWYER.
 
 I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO?
 THIS  FORM  IS  DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE
 OTHER QUESTIONS, CONSULT A LAWYER.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law, provided that section 424 of the real property law,
 as added by section seven of this act, shall apply to  any  transfer  on
 death deed made before, on, or after the effective date of this act by a
 transferor dying on or after the effective date of this act.
 
                                  PART P
 
   Section  1. This Part enacts into law components of legislation relat-
 ing to the conveyance and use of real property owned and  maintained  by
 the  state  university  of New York and the New York state department of
 transportation. Each component is  wholly  contained  within  a  Subpart
 identified  as Subparts A through C. The effective date for each partic-
 ular 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 refer-
 ence  to  a  section  "of  this  act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding  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. Legislative findings. The legislature finds that the  state
 university  of  New  York  at  Farmingdale  ("Farmingdale") seeks to use
 approximately 8.7 acres of vacant land on Farmingdale's campus to  build
 multi-purpose  facilities  to support housing needs and supporting amen-
 ities, fulfilling a necessary and vital public purpose. The  legislature
 further  finds that granting the trustees of the State University of New
 York ("Trustees")  the  authority  and  power  to  lease  and  otherwise
 contract  to  make  available  grounds and facilities of the Farmingdale
 campus will ensure such land is utilized for the benefit of Farmingdale,
 the surrounding community, and the general public.
 S. 8306--A                         50                         A. 8806--A
 
   § 2. Notwithstanding any other law to the contrary, the  Trustees  are
 authorized  and  empowered,  without  any  public  bidding, to lease and
 otherwise contract to make available to  Farmingdale  state  development
 corporation,  a  not-for-profit  corporation  (the  "ground  lessee"), a
 portion  of the lands of Farmingdale generally described in this act for
 the purpose  of  developing,  constructing,  maintaining  and  operating
 multi-purpose  facilities  to support housing needs and supporting amen-
 ities. Such lease or contract shall be for a period not exceeding  nine-
 ty-nine years without any fee simple conveyance and otherwise upon terms
 and  conditions  determined by such trustees, subject to the approval of
 the director of the division of the budget, the attorney general and the
 state comptroller. In the event that  the  real  property  that  is  the
 subject of such lease or contract shall cease to be used for the purpose
 described  in  this act, such lease or contract shall immediately termi-
 nate and the real property and any improvements thereon shall revert  to
 the  state  university  of  New York. Any lease or contract entered into
 pursuant to this act shall provide that the real property  that  is  the
 subject  of  such  lease  or contract and any improvements thereon shall
 revert to the state university of New York on  the  expiration  of  such
 contract  or lease.   Any and all proceeds related to the leases author-
 ized by this act shall be used for the benefit of the Farmingdale campus
 and the allocation of such proceeds shall be subject to approval by  the
 Trustees.
   §  3. Any contract or lease entered into pursuant to this act shall be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive law, and any contractor, subcontractor, lessee or sublessee  enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement  authorized  pursuant  to  this  act shall be deemed a state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   § 4. Notwithstanding any general, special or  local  law  or  judicial
 decision  to the contrary, all work performed on a project authorized by
 this act where all or any portion thereof involves a lease or  agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation, repair, renovation, alteration or improvement shall  be  subject
 to  and  performed in accordance with the provisions of article 8 of the
 labor law to the same extent and in the same manner as a contract of the
 state.
   § 5. Without limiting the determination of the terms and conditions of
 such contracts or leases, such terms  and  conditions  may  provide  for
 leasing,   subleasing,   construction,  reconstruction,  rehabilitation,
 improvement, operation and management of and provision of  services  and
 assistance  and  the  granting of licenses, easements and other arrange-
 ments with regard to such grounds and facilities  by  Farmingdale  state
 development  corporation, and parties contracting with Farmingdale state
 development corporation, and in connection  with  such  activities,  the
 obtaining  of funding or financing, whether public or private, unsecured
 or secured, including, but not limited to, secured  by  leasehold  mort-
 gages and assignments of rents and leases, by Farmingdale state develop-
 ment corporation and parties contracting with Farmingdale state develop-
 ment corporation for the purposes of completing the project described in
 this act.
   §  6.  Such  lease  shall  include  an indemnity provision whereby the
 lessee or sublessee promises to indemnify, hold harmless and defend  the
 lessor  against all claims, suits, actions, and liability to all persons
 S. 8306--A                         51                         A. 8806--A
 
 on the leased premises, including tenant, tenant's agents,  contractors,
 subcontractors,  employees,  customers,  guests, licensees, invitees and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § 7. Any contracts entered into  pursuant  to  this  act  between  the
 ground  lessee  and  parties contracting with the ground lessee shall be
 awarded by a competitive process.
   § 8. The property authorized by this act to be leased  to  Farmingdale
 state  development  corporation is generally described as that parcel of
 real property with improvements thereon consisting of  a  total  of  8.7
 acres  situated  on  the  campus  of the State University of New York at
 Farmingdale, subject to  all  existing  easements  and  restrictions  of
 record.  The description in this section of the parcel to be made avail-
 able pursuant to this act is not meant to be a legal description, but is
 intended only to identify the parcel:
   The property is situated at the southwest corner of NYS Route 110  and
 Melville  Road.  The eastern boundary runs north/south along the western
 side of NYS Route 110 with  approximately  450  feet  of  frontage.  The
 northern boundary runs along Melville Road for just over 1,000 feet.
   §  9. The state university of New York shall not lease lands described
 in this act unless any such lease shall be executed within  5  years  of
 the effective date of this act.
   §  10. Insofar as the provisions of this act are inconsistent with the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 11. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Legislative findings. The legislature finds that the  state
 university  of  New  York  at  Stony  Brook ("Stony Brook") seeks to use
 approximately 10 acres of underutilized land on Stony Brook's  Southamp-
 ton  campus  to  build multi-purpose facilities to support housing needs
 and supporting  amenities,  fulfilling  a  necessary  and  vital  public
 purpose.    The  legislature further finds that granting the trustees of
 the State University of New York ("Trustees") the authority and power to
 lease and otherwise contract to make available grounds and facilities of
 Stony Brook's campus will ensure such land is utilized for  the  benefit
 of Stony Brook, the surrounding community, and the general public.
   §  2.  Notwithstanding any other law to the contrary, the Trustees are
 authorized and empowered, without  any  public  bidding,  to  lease  and
 otherwise contract to make available to a ground lessee a portion of the
 lands  of Stony Brook generally described in this act for the purpose of
 developing, constructing, maintaining and operating multi-purpose facil-
 ities to support housing needs and supporting amenities. Such  lease  or
 contract  shall  be for a period not exceeding ninety-nine years without
 any fee simple conveyance and otherwise upon terms and conditions deter-
 mined by such trustees, subject to the approval of the director  of  the
 division  of the budget, the attorney general and the state comptroller.
 In the event that the real property that is the subject of such lease or
 contract shall cease to be used for the purpose described in  this  act,
 such lease or contract shall immediately terminate and the real property
 and any improvements thereon shall revert to the state university of New
 York.  Any  lease  or  contract  entered into pursuant to this act shall
 provide that the real property that is the  subject  of  such  lease  or
 S. 8306--A                         52                         A. 8806--A
 
 contract  and any improvements thereon shall revert to the state univer-
 sity of New York on the expiration of such contract or  lease.  Any  and
 all  proceeds related to the leases authorized by this act shall be used
 for  the  benefit  of  the Stony Brook campus and the allocation of such
 proceeds shall be subject to approval by the Trustees.
   § 3. Any contract or lease entered into pursuant to this act shall  be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive  law, and any contractor, subcontractor, lessee or sublessee enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement authorized pursuant to this act  shall  be  deemed  a  state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   §  4.  Notwithstanding  any  general, special or local law or judicial
 decision to the contrary, all work performed on a project authorized  by
 this  act where all or any portion thereof involves a lease or agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation,  repair,  renovation, alteration or improvement shall be subject
 to and performed in accordance with the provisions of article 8  of  the
 labor law to the same extent and in the same manner as a contract of the
 state.
   § 5. Without limiting the determination of the terms and conditions of
 such  contracts  or  leases,  such  terms and conditions may provide for
 leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
 improvement,  operation  and management of and provision of services and
 assistance and the granting of licenses, easements  and  other  arrange-
 ments  with  regard to such grounds and facilities by the ground lessee,
 and parties contracting with the ground lessee, and in  connection  with
 such  activities,  the obtaining of funding or financing, whether public
 or private, unsecured or secured, including, but not limited to, secured
 by leasehold mortgages and assignments  of  rents  and  leases,  by  the
 ground  lessee  and  parties  contracting with the ground lessee for the
 purposes of completing the project described in this act.
   § 6. Such lease shall  include  an  indemnity  provision  whereby  the
 lessee  or sublessee promises to indemnify, hold harmless and defend the
 lessor against all claims, suits, actions, and liability to all  persons
 on  the leased premises, including tenant, tenant's agents, contractors,
 subcontractors, employees, customers, guests,  licensees,  invitees  and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § 7. Any contracts entered into  pursuant  to  this  act  between  the
 ground  lessee  and  parties contracting with the ground lessee shall be
 awarded by a competitive process.
   § 8. The property authorized by this act to be leased  to  the  ground
 lessee is generally described as approximately 10 acres of land situated
 on  the  Southampton campus of the state university of New York at Stony
 Brook, subject to all existing easements and restrictions of record.
   § 9. The state university of New York shall not lease lands  described
 in  this  act  unless any such lease shall be executed within 5 years of
 the effective date of this act.
   § 10. Insofar as the provisions of this act are inconsistent with  the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 11. This act shall take effect immediately.
 S. 8306--A                         53                         A. 8806--A
 
                                 SUBPART C
 
   Section 1. Notwithstanding the provisions of section 400 of the trans-
 portation  law,  or  any  other  provision  of  law to the contrary, the
 commissioner of transportation is hereby  authorized  and  empowered  to
 transfer  and  convey certain state-owned real property, as described in
 section two of this act, upon such terms and conditions as  the  commis-
 sioner may deem appropriate.
   §  2.  The  lands authorized by this act to be conveyed consist of two
 parcels of land in the town of Babylon, Suffolk county, constituting tax
 map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and
 generally described as approximately twelve and one-half acres  of  land
 located north of Conklin Street and east of Route 110.
   §  3.  The  description  in section two of this act of the lands to be
 conveyed is not intended to be a legal description and is intended  only
 to identify the premises to be conveyed.
   § 4. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or subpart of this part shall be adjudged by any court of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder of that subpart or  this  part,  but
 shall  be  confined in its operation to the clause, sentence, paragraph,
 subdivision, section, or subpart 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 part and each subpart herein
 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 Q
 
   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 AND
 DETERMINED UNDER A ZONING LAW, ORDINANCE, OR RESOLUTION OF A CITY WITH A
 POPULATION OF ONE MILLION OR MORE,  OR  AFTER  CONSULTATION  WITH  LOCAL
 OFFICIALS,  AS  PROVIDED IN A GENERAL PROJECT PLAN OF THE NEW YORK STATE
 URBAN  DEVELOPMENT CORPORATION, THE floor area ratio (FAR) of any dwell-
 ing 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  resol-
 ution  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 R
 
   Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the
 labor law, as added by section 1 of part FFF of chapter 58 of  the  laws
 of 2020, are amended and a new paragraph e is added to read as follows:
 S. 8306--A                         54                         A. 8806--A
 
   c. Money loaned by the public entity that is to be repaid on a contin-
 gent basis; [or]
   d.  Credits that are applied by the public entity against repayment of
 obligations to the public entity[.]; OR
   E. BENEFITS UNDER SECTION FOUR HUNDRED SIXTY-SEVEN-M OF THE REAL PROP-
 ERTY TAX LAW.
   § 2. The real property tax law is amended  by  adding  a  new  section
 467-m to read as follows:
   § 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI-
 PLE  DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.  1.
 DEFINITIONS. FOR PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE-
 FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE
 EXEMPTION  FROM  REAL  PROPERTY  TAXATION  AUTHORIZED  PURSUANT  TO THIS
 SECTION.
   B. "AFFORDABILITY REQUIREMENT" SHALL MEAN  THAT  WITHIN  ANY  ELIGIBLE
 MULTIPLE  DWELLING:  (I)  NOT  LESS  THAN TWENTY PERCENT OF THE DWELLING
 UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE  PERCENT  OF
 THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE
 WEIGHTED  AVERAGE  OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING
 UNITS DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED
 FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR  ALL
 OF  THE  AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR AFFORDABLE
 HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF  THE  AREA  MEDIAN  INCOME,
 ADJUSTED FOR FAMILY SIZE.
   C.  "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
 THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE  DWELLING  FOR  WHICH
 AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
 EACH  SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI-
 OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI-
 LIES 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.
   D.  "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL-
 LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT;  AND  (II)  ANY  OTHER
 UNIT  THAT  MEETS  THE AFFORDABILITY REQUIREMENT UPON INITIAL RENTAL AND
 UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING  THE  RESTRICTION
 PERIOD,  AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS
 OR FAMILIES WHOSE HOUSEHOLD INCOME DOES  NOT  EXCEED  THE  INCOME  BANDS
 ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT.
   E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER-
 VATION AND DEVELOPMENT.
   F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS.
   G.  "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 MULTIPLE DWELLING, 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 SUCH ELIGIBLE MULTIPLE DWELLING.
   H. "COMMENCEMENT DATE" SHALL MEAN  THE  DATE  UPON  WHICH  THE  ACTUAL
 CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH.
   I.  "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART-
 MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF
 S. 8306--A                         55                         A. 8806--A
 
 OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE  DWELL-
 ING.
   J.  "CONSTRUCTION  PERIOD"  SHALL  MEAN,  WITH RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE-
 MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING  ON
 THE DAY PRECEDING THE COMPLETION DATE.
   K.  "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH
 IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF  A  NON-RESIDEN-
 TIAL  BUILDING, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, TO AN
 ELIGIBLE MULTIPLE DWELLING.
   M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE  DWELLING  WHICH
 WAS  SUBJECT  TO AN ELIGIBLE CONVERSION IN WHICH: (I) ALL DWELLING UNITS
 INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX  OR
 MORE  DWELLING  UNITS  HAVE BEEN CREATED THROUGH AN ELIGIBLE CONVERSION;
 (III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-TWO AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND  THIRTY-
 THREE;  AND  (IV)  THE  COMPLETION DATE IS ON OR BEFORE DECEMBER THIRTY-
 FIRST, TWO THOUSAND THIRTY-NINE.
   N. "FISCAL OFFICER" SHALL MEAN  THE  COMPTROLLER  OR  OTHER  ANALOGOUS
 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS,
 OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC-
 TURES  ON  A  LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR
 FROM THE CENTER LINE OF PARTY WALLS.
   P. "INCOME BAND" SHALL MEAN A PERCENTAGE OF THE  AREA  MEDIAN  INCOME,
 ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT.
   Q.  "MANHATTAN  PRIME  DEVELOPMENT  AREA"  SHALL  MEAN ANY TAX LOT NOW
 EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY  SOUTH  OF  96TH
 STREET IN THE BOROUGH OF MANHATTAN.
   R.  "MARKET  UNIT"  SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
 DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
   S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN-
 TY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR  INCOME  BAND,
 RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT.
   T.  "MULTIPLE  DWELLING"  SHALL  HAVE THE SAME MEANING AS SET FORTH IN
 SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   U. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION  OF  A
 STRUCTURE,  EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, HAVING AT
 LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL  OR  MOST
 OF  THE  SPACE  USED  IN CONNECTION WITH THE STRUCTURE OR PORTION OF THE
 STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFAC-
 TURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT  OF
 THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE,
 OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGEN-
 CY.
   V.  "NON-RESIDENTIAL  TAX  LOT"  SHALL  MEAN  A  TAX LOT THAT DOES NOT
 CONTAIN ANY DWELLING UNITS.
   W. "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT  STABILIZA-
 TION  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 THIS SECTION OR AS AMENDED  THERE-
 AFTER,  TOGETHER  WITH  ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING
 SUBSTANTIALLY THE SAME SUBJECT MATTER.
   X. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT  CONTAINS  DWELLING
 UNITS.
 S. 8306--A                         56                         A. 8806--A
 
   Y.  "RESTRICTION  PERIOD"  SHALL  MEAN  A  PERIOD  COMMENCING  ON  THE
 COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER
 TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS.
   2.  BENEFIT.  IN  CITIES  HAVING  A POPULATION OF ONE MILLION OR MORE,
 NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL,  SPECIAL  OR  LOCAL
 LAW  TO  THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL,
 THAT COMPLIES 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 WHICH SHALL BE  SET  FORTH  IN  REGU-
 LATIONS PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, IN
 CONSULTATION  WITH  THE  AGENCY,  PROVIDED  THAT  SUCH ELIGIBLE MULTIPLE
 DWELLING IS USED OR HELD OUT FOR USE FOR DWELLING PURPOSES.
   3. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT  TO
 THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC
 PROGRAM  BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC PROGRAM
 BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   4. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE  AGGREGATE
 FLOOR  AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN
 AN ELIGIBLE MULTIPLE DWELLING EXCEEDS TWELVE PERCENT  OF  THE  AGGREGATE
 FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS
 SHALL  BE  REDUCED  BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE
 MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, THE  TAX  ARISING  OUT  OF
 SUCH  REDUCTION  IN AHCC 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  AHCC  PROGRAM  BENEFITS, IF ANY, SHALL BE APPORTIONED PRO
 RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF  THIS
 SECTION,  ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE OR
 ACCESSORY PARKING SPACE LOCATED NOT MORE THAN  TWENTY-THREE  FEET  ABOVE
 THE CURB LEVEL.
   5.  APPLICATION  OF  BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
 CERTIFYING ELIGIBILITY FOR AHCC  PROGRAM  BENEFITS,  THE  DEPARTMENT  OF
 FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI-
 SIONS  TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO THE
 ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING.
   6. AFFORDABILITY REQUIREMENTS. AN  ELIGIBLE  MULTIPLE  DWELLING  SHALL
 COMPLY  WITH  THE  AFFORDABILITY  REQUIREMENT  DEFINED IN PARAGRAPH B OF
 SUBDIVISION ONE OF THIS SECTION DURING THE RESTRICTION PERIOD. AN ELIGI-
 BLE MULTIPLE DWELLING SHALL ALSO COMPLY WITH THE FOLLOWING  REQUIREMENTS
 DURING THE RESTRICTION PERIOD:
   A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
 SHARE  THE  SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL 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 MEANS OF INGRESS OR EGRESS  REGULARLY  USED  BY
 ANY  RESIDENT  OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELL-
 ING.
   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 RENTAL
 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: (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO  RENT
 S. 8306--A                         57                         A. 8806--A
 
 STABILIZATION  DURING  THE  RESTRICTION  PERIOD; AND (II) ANY AFFORDABLE
 HOUSING UNIT OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY  THE  AGENCY
 PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA-
 TION  FOR  AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO RENT STABILIZA-
 TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT.
   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 "AHCC 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 SHALL RESULT IN REVOCATION OF AHCC
 PROGRAM BENEFITS.
   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 OR
 INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH
 AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II)  PROHIBIT  THE
 OWNER  OF  AN  ELIGIBLE  MULTIPLE  DWELLING 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 OR INCOME BAND,
 AS APPLICABLE, 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  HOUS-
 ING 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 REASON-
 ABLY 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 UNIT SHALL NOT BE CONVERTED TO COOPERATIVE 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
 HOUSING  UNITS,  BOTH  UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II)
 MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; (III) THE
 ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS; AND  (IV)
 SPECIFYING  THE  LEGAL INSTRUMENT BY WHICH THE MARKETING, AFFORDABILITY,
 RENT STABILIZATION, PERMITTED RENT, AND ANY OTHER REQUIREMENT ASSOCIATED
 WITH THIS BENEFIT WILL BE RECORDED AND ENFORCED. SUCH  REQUIREMENTS  MAY
 INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE
 AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING.
   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  AHCC  PROGRAM  BENEFITS,  THE UNIT WOULD BE SUBJECT TO RENT
 STABILIZATION.
   7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES  OF  THIS  SUBDIVI-
 SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS, ANY
 SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
 S. 8306--A                         58                         A. 8806--A
 
 EES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGE-
 MENT COMPANY OR CONTRACTOR.
   B.  ALL  BUILDING  SERVICE  EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
 ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING  WAGE
 FOR THE DURATION OF THE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE-
 FITS PROVIDED PURSUANT TO THIS SECTION 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,
 AND 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 EXAM-
 INE  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 SUBPOENAS, THE
 ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL  PRACTICE  LAW  AND
 RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA-
 TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED 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 FORE-
 GOING  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 SUBDIVISION; 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 ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS  THAT
 THE  APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI-
 SION, 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 THIRTY DWELLING UNITS;
 OR (II) AN ELIGIBLE  MULTIPLE  DWELLING  WHOSE  ELIGIBLE  CONVERSION  IS
 CARRIED  OUT  WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI-
 DIES PROVIDED BY A  FEDERAL,  STATE  OR  LOCAL  GOVERNMENTAL  AGENCY  OR
 INSTRUMENTALITY  PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE
 HOUSING.
   E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH  ITS  APPLICATION
 CERTIFYING  THAT  IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI-
 SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D  OF  THIS  SUBDIVISION.
 UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT
 EXEMPT  IN  ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT
 ANNUALLY A SWORN AFFIDAVIT TO THE  FISCAL  OFFICER  CERTIFYING  THAT  IT
 SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION.
 S. 8306--A                         59                         A. 8806--A
 
   8.  CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
 RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM  OR
 ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
   9.   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 AHCC
 PROGRAM BENEFITS UNLESS  THE  AGENCY  AUTHORIZES  SUCH  RENUNCIATION  OR
 TERMINATION  IN  CONNECTION  WITH  THE  COMMENCEMENT  OF A TAX EXEMPTION
 PURSUANT TO THE PRIVATE HOUSING FINANCE  LAW  OR  SECTION  FOUR  HUNDRED
 TWENTY-C OF THIS TITLE.
   10. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC
 PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION. ALL OF THE AFFORD-
 ABLE  HOUSING  UNITS  SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL
 OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF  THE  RESTRICTION
 PERIOD,  REGARDLESS  OF  WHETHER  SUCH  BENEFITS HAVE BEEN TERMINATED OR
 REVOKED.
   11. 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.
   12.  MULTIPLE  TAX  LOTS.  IF  AN  ELIGIBLE MULTIPLE DWELLING 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
 AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH  APPLICA-
 TION  AND  BENEFITS  FOR  EACH  SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE
 BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING.
   13. APPLICATIONS. A. THE APPLICATION  WITH  RESPECT  TO  ANY  ELIGIBLE
 MULTIPLE  DWELLING  SHALL  BE  FILED WITH THE AGENCY NO EARLIER THAN THE
 COMPLETION DATE AND 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 ARCHITECT OR ENGINEER 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  EDUCA-
 TION  LAW  AND  SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION
 PURSUANT TO THIS SECTION.
   D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER  CHARGES,
 AND  SEWER  RENTS  CURRENTLY  DUE AND OWING ON THE PROPERTY WHICH IS THE
 SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN
 TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE  DEPARTMENT
 OF FINANCE OR OTHER APPROPRIATE AGENCY.
   14.  FILING  FEE.  THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN
 THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA-
 TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES:
   A. IMPOSING A LESSER FEE  FOR  AN  ELIGIBLE  MULTIPLE  DWELLING  WHOSE
 ELIGIBLE  CONVERSION  IS  CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF
 GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN-
 MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE  DEVELOP-
 MENT OF AFFORDABLE HOUSING; AND
 S. 8306--A                         60                         A. 8806--A
 
   B.  REQUIRING  A  PORTION  OF  THE  FILING  FEE  TO  BE  PAID UPON THE
 SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF  APPROV-
 ING  THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER-
 SION.
   15.  RULES.  EXCEPT  AS PROVIDED IN SUBDIVISION SEVEN 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.
   16. PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A.  ON  OR
 AFTER  THE  EXPIRATION  DATE  OF  THE  BENEFIT PROVIDED PURSUANT TO THIS
 SECTION, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN  OPPORTUNITY  TO  BE
 HEARD,  A  PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE DWELLING OF
 THE AFFORDABILITY REQUIREMENTS OF SUBDIVISION SIX OF THIS SECTION.
   B. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL  BE  COMPUTED  AS  A
 PERCENTAGE  OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON THE
 ELIGIBLE MULTIPLE DWELLING, CALCULATED AS OF THE FIRST YEAR  THAT  BENE-
 FITS  WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY SHALL
 ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES  PURSU-
 ANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
   C.  A  PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST
 THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE  TIME  THE  VIOLATION
 OCCURRED,  EVEN  IF  SUCH  OWNER  NO  LONGER OWNS SUCH ELIGIBLE MULTIPLE
 DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION.
   D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED  PURSUANT  TO
 THIS  SUBDIVISION  SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI-
 SONMENT NOT TO EXCEED SIX MONTHS.
   § 3. This act shall take effect immediately.
 
                                  PART S
 
   Section 1. The multiple dwelling law is amended by adding a new  arti-
 cle 7-D to read as follows:
                                ARTICLE 7-D
     LEGALIZATION AND CONVERSION OF BASEMENT AND CELLAR DWELLING UNITS
 SECTION 288. DEFINITIONS.
         289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS.
         290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS AND
                INHABITED CELLAR DWELLING UNITS.
   § 288. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. THE TERM "INHABITED BASEMENT DWELLING UNIT" MEANS A BASEMENT UNLAW-
 FULLY  OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE
 EFFECTIVE DATE OF THIS ARTICLE;
   2. THE TERM "INHABITED CELLAR DWELLING UNIT" MEANS A CELLAR UNLAWFULLY
 OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFEC-
 TIVE DATE OF THIS ARTICLE;
   3. THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR  WITHOUT
 A WRITTEN AGREEMENT; AND
   4. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT
 DWELLING UNIT IS RENTED.
   §  289.  BASEMENT  AND CELLAR LOCAL LAWS AND REGULATIONS.  1. NOTWITH-
 STANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A
 CITY WITH A POPULATION OF ONE MILLION OR  MORE,  THE  LOCAL  LEGISLATIVE
 BODY  MAY,  BY  LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, PROVIDED THAT
 HEALTH AND SAFETY ARE  PROTECTED,  (A)  THE  LEGALIZATION  OF  SPECIFIED
 INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS IN
 S. 8306--A                         61                         A. 8806--A
 
 EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE THROUGH CONVERSION
 TO  LEGAL DWELLING UNITS, OR (B) THE CONVERSION OF OTHER SPECIFIED BASE-
 MENT AND CELLAR DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE  DATE
 OF  THIS  ARTICLE  TO  LEGAL DWELLING UNITS. THE LOCAL LAW AUTHORIZED BY
 THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED THEREUNDER, SHALL
 NOT BE SUBJECT TO ENVIRONMENTAL REVIEW, INCLUDING  ENVIRONMENTAL  REVIEW
 CONDUCTED  PURSUANT  TO  ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
 LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER.
   2. THE PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE TO  AN  OWNER
 WHO  CONVERTS  AN  INHABITED  BASEMENT DWELLING UNIT OR INHABITED CELLAR
 DWELLING UNIT IN ACCORDANCE WITH A LOCAL LAW AUTHORIZED BY THIS  ARTICLE
 OR  WHO  OTHERWISE ABATES THE ILLEGAL OCCUPANCY OF AN INHABITED BASEMENT
 DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT, (A)  FREEDOM  FROM  ANY
 CIVIL  OR  ADMINISTRATIVE  LIABILITY, CITATIONS, FINES, PENALTIES, JUDG-
 MENTS  OR  ANY  OTHER  DETERMINATIONS    OF  OR  PROSECUTION  FOR  CIVIL
 VIOLATIONS  OF  THIS CHAPTER, OTHER STATE LAW OR LOCAL LAW OR RULES, AND
 THE ZONING RESOLUTION OF SUCH CITY, AND (B) RELIEF FROM ANY  OUTSTANDING
 CIVIL  JUDGMENTS  ISSUED  IN  CONNECTION WITH ANY SUCH VIOLATION OF SUCH
 LAWS, RULES OR ZONING RESOLUTION ISSUED BEFORE  THE  EFFECTIVE  DATE  OF
 THIS  ARTICLE.    PROVIDED  THAT  SUCH  LOCAL LAW SHALL REQUIRE THAT ALL
 APPLICATIONS FOR CONVERSIONS BE FILED BY A DATE  CERTAIN  SUBSEQUENT  TO
 THE  EFFECTIVE  DATE  OF  THIS  ARTICLE, PROVIDED FURTHER THAT SUCH DATE
 SHALL NOT EXCEED FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   3. SUCH LOCAL LAW MAY PROVIDE THAT ANY PROVISION OF  THIS  CHAPTER  OR
 LOCAL  LAW,  RULE  OR REGULATION, SHALL NOT BE APPLICABLE TO PROVIDE FOR
 THE ALTERATIONS NECESSARY FOR THE CONVERSION OF  A  SPECIFIED  INHABITED
 BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT OR OTHER SPECI-
 FIED  BASEMENT  OR CELLAR DWELLING UNIT IN EXISTENCE PRIOR TO THE EFFEC-
 TIVE DATE INTO A LAWFUL DWELLING  UNIT.  ANY  AMENDMENT  OF  THE  ZONING
 RESOLUTION  NECESSARY TO ENACT SUCH PROGRAM SHALL BE SUBJECT TO A PUBLIC
 HEARING AT THE PLANNING COMMISSION OF SUCH  LOCALITY,  AND  APPROVAL  BY
 SUCH  COMMISSION  AND  THE  LEGISLATIVE  BODY  OF SUCH LOCAL GOVERNMENT,
 PROVIDED, HOWEVER, THAT  IT  SHALL  NOT  REQUIRE  ENVIRONMENTAL  REVIEW,
 INCLUDING  ENVIRONMENTAL  REVIEW  CONDUCTED PURSUANT TO ARTICLE EIGHT OF
 THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND  LOCAL  REGULATIONS
 PROMULGATED THEREUNDER, OR ANY ADDITIONAL LAND USE REVIEW.
   §  290.  TENANT  PROTECTIONS  IN INHABITED BASEMENT DWELLING UNITS AND
 INHABITED CELLAR DWELLING UNITS.   1. THE  PROGRAM  AUTHORIZED  BY  THIS
 ARTICLE  SHALL REQUIRE AN APPLICATION TO MAKE ALTERATIONS TO LEGALIZE AN
 INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR  DWELLING  UNIT  BE
 ACCOMPANIED  BY  A CERTIFICATION INDICATING WHETHER SUCH UNIT WAS RENTED
 TO A TENANT ON THE  EFFECTIVE  DATE  OF  THIS  ARTICLE,  NOTWITHSTANDING
 WHETHER THE OCCUPANCY OF SUCH UNIT WAS AUTHORIZED BY LAW. A CITY MAY NOT
 USE  SUCH CERTIFICATION AS THE BASIS FOR AN ENFORCEMENT ACTION FOR ILLE-
 GAL OCCUPANCY OF SUCH UNIT, PROVIDED  THAT  NOTHING  CONTAINED  IN  THIS
 ARTICLE  SHALL  BE  CONSTRUED  TO  LIMIT SUCH CITY FROM ISSUING A VACATE
 ORDER FOR HAZARDOUS OR UNSAFE CONDITIONS.
   2. THE LOCAL LAW AUTHORIZED BY  THIS  ARTICLE  SHALL  PROVIDE  THAT  A
 TENANT  IN  OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE,
 WHO IS EVICTED OR OTHERWISE REMOVED FROM SUCH UNIT AS  A  RESULT  OF  AN
 ALTERATION  NECESSARY  TO  BRING  AN INHABITED BASEMENT DWELLING UNIT OR
 INHABITED CELLAR DWELLING UNIT INTO COMPLIANCE WITH THE STANDARDS ESTAB-
 LISHED BY THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE  A  RIGHT
 OF  FIRST  REFUSAL  TO  RETURN  TO  SUCH UNIT AS A TENANT UPON ITS FIRST
 LAWFUL OCCUPANCY AS A LEGAL DWELLING UNIT, NOTWITHSTANDING  WHETHER  THE
 OCCUPANCY  AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE WAS AUTHOR-
 S. 8306--A                         62                         A. 8806--A
 
 IZED BY LAW. SUCH LOCAL LAW SHALL SPECIFY HOW TO DETERMINE PRIORITY WHEN
 MULTIPLE TENANTS MAY CLAIM SUCH RIGHT.
   3.  A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL TO RETURN TO A
 LEGAL DWELLING UNIT, AS PROVIDED PURSUANT TO THE LOCAL LAW AUTHORIZED BY
 THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION IN  ANY  COURT  OF  COMPETENT
 JURISDICTION  FOR  COMPENSATORY  DAMAGES  OR  DECLARATORY AND INJUNCTIVE
 RELIEF AS THE  COURT  DEEMS  NECESSARY  IN  THE  INTERESTS  OF  JUSTICE,
 PROVIDED  THAT  SUCH  COMPENSATORY  RELIEF  SHALL  NOT EXCEED THE ANNUAL
 RENTAL CHARGES FOR SUCH LEGAL DWELLING UNIT.
   § 2. This act shall take effect immediately.
 
                                  PART T
 
   Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of
 section 421-a of the real property tax law, as amended by section  3  of
 part  TTT  of  chapter  59  of  the  laws of 2017, is amended to read as
 follows:
   (xxviii) "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 December thirty-first, two thousand fifteen and on or
 before  June  fifteenth,  two  thousand  twenty-two,  and  for which the
 completion date is on or before June fifteenth,  two  thousand  [twenty-
 six] THIRTY-ONE.
   § 2.  This act shall take effect immediately.
 
                                  PART U
 
   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 485-x to read as follows:
   § 485-X. 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)  "AFFORDABLE HOMEOWNERSHIP PROGRAM" SHALL ONLY APPLY TO A HOMEOWN-
 ERSHIP PROJECT, OF WHICH A PRESCRIBED PERCENT OF THE UNITS  SHALL,  UPON
 INITIAL SALE IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE AND UPON EACH
 SUBSEQUENT SALE FOR FORTY YEARS IMMEDIATELY SUBSEQUENT TO THE COMPLETION
 DATE,  BE  AFFORDABLE  TO INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME
 DOES NOT EXCEED A PRESCRIBED 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  PROJECT  IS
 SUBJECT  TO  A  REGULATORY  AGREEMENT  WITH A CITY OR STATE AGENCY.  THE
 PRESCRIBED PERCENTAGE OF THE UNITS AND THE PRESCRIBED PERCENTAGE OF  THE
 AREA  MEDIAN INCOME SHALL BE SET FORTH IN REGULATIONS PROMULGATED BY THE
 AGENCY IN ACCORDANCE WITH THE GOALS AND FACTORS SET FORTH IN SUBDIVISION
 EIGHT OF THIS SECTION.
   (C) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF
 WHICH IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE SITE  AND
 THE  DENOMINATOR  OF WHICH IS THE TOTAL NUMBER OF DWELLING UNITS IN SUCH
 ELIGIBLE SITE.
   (D) "AFFORDABLE HOUSING UNIT" SHALL MEAN A DWELLING UNIT THAT: (I)  IS
 SITUATED  WITHIN  THE  ELIGIBLE SITE FOR WHICH ANNY PROGRAM BENEFITS ARE
 GRANTED; AND (II) UPON INITIAL RENTAL AND UPON  EACH  SUBSEQUENT  RENTAL
 S. 8306--A                         63                         A. 8806--A
 
 FOLLOWING A VACANCY DURING THE APPLICABLE RESTRICTION PERIOD, IS AFFORD-
 ABLE TO AND RESTRICTED TO OCCUPANCY BY A HOUSEHOLD WHOSE INCOME DOES NOT
 EXCEED  A  PRESCRIBED PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR
 FAMILY  SIZE,  AT  THE  TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH
 DWELLING UNIT. THE PRESCRIBED AREA MEDIAN INCOME  PERCENTAGES  SHALL  BE
 SET  FORTH  IN  REGULATIONS PROMULGATED BY THE AGENCY IN ACCORDANCE WITH
 THE GOALS AND FACTORS SET FORTH IN SUBDIVISION EIGHT OF THIS SECTION.
   (E) "AGENCY" SHALL MEAN THE DEPARTMENT  OF  HOUSING  PRESERVATION  AND
 DEVELOPMENT.
   (F) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS.
   (G) "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.
   (H)  "BROOKLYN  PRIME  DEVELOPMENT  AREA"  SHALL MEAN ANY TAX LOTS NOW
 EXISTING OR HEREAFTER CREATED WHICH  ARE  LOCATED  ENTIRELY  WITHIN  THE
 BOROUGH  OF BROOKLYN AND AS SET FORTH PURSUANT TO A MEMORANDUM OF UNDER-
 STANDING  ENTERED  INTO  PURSUANT  TO  SUBDIVISION  TWENTY-TWO  OF  THIS
 SECTION.
   (I) "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.
   (J)  "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.
   (K) "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.
   (L)  "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.
   (M) "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.
   (N)   "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.
   (O)  "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
 S. 8306--A                         64                         A. 8806--A
 
 PERFORMED  BY CONSTRUCTION WORKERS, AND THE AMOUNT OF WAGES AND EMPLOYEE
 BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.
   (P)  "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.
   (Q) "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 WITHIN FIVE YEARS SUBSEQUENT TO THE DATE ON WHICH THE MEMO-
 RANDUM  OF UNDERSTANDING IS ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-
 TWO OF THIS SECTION, AND FOR WHICH THE COMPLETION DATE  IS  WITHIN  NINE
 YEARS  SUBSEQUENT  TO THE DATE ON WHICH A MEMORANDUM OF UNDERSTANDING IS
 ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION.
   (R) "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.
   (S) "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.
   (T) "FISCAL OFFICER" SHALL MEAN THE  COMPTROLLER  OR  OTHER  ANALOGOUS
 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (U)  "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.
   (V)  "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.
   (W) "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.
   (X) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OPERATED AS
 CONDOMINIUM OR COOPERATIVE HOUSING.
   (Y) "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.
   (Z)  "INDEPENDENT  MONITOR"  SHALL  MEAN AN ACCOUNTANT LICENSED AND IN
 GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE OF  THE  EDUCA-
 TION LAW.
   (AA)  "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
 S. 8306--A                         65                         A. 8806--A

 BUSINESS,  AND  USE  OF  THE RAT OR OTHER INFLATABLE BALLOONS OR SIMILAR
 DISPLAYS.
   (BB)  "LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF
 THIRTY OR MORE RESIDENTIAL DWELLING UNITS IN WHICH  ALL  DWELLING  UNITS
 INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING.
   (CC)  "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.
   (DD) "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX  LOTS,  NOW
 EXISTING    OR  HEREAFTER  CREATED,  LOCATED  ENTIRELY IN THE BOROUGH OF
 MANHATTAN AND AS SET FORTH PURSUANT TO THE MEMORANDUM  OF  UNDERSTANDING
 ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION.
   (EE)  "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
 DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
   (FF) "MULTIPLE DWELLING" SHALL HAVE THE  SAME  MEANING  SET  FORTH  IN
 SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   (GG)  "NON-RESIDENTIAL  TAX  LOT"  SHALL  MEAN A TAX LOT THAT DOES NOT
 CONTAIN ANY DWELLING UNITS.
   (HH) "PRIME DEVELOPMENT AREA" SHALL MEAN THE MANHATTAN PRIME  DEVELOP-
 MENT  AREA,  THE  BROOKLYN  PRIME  DEVELOPMENT AREA AND THE QUEENS PRIME
 DEVELOPMENT AREA.
   (II) "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 AVERAGE HOURLY WAGE.
   (JJ) "QUEENS PRIME DEVELOPMENT AREA"  SHALL  MEAN  ANY  TAX  LOTS  NOW
 EXISTING  OR  HEREAFTER  CREATED  WHICH  ARE LOCATED ENTIRELY WITHIN THE
 BOROUGH OF QUEENS AND AS SET FORTH PURSUANT TO A  MEMORANDUM  OF  UNDER-
 STANDING  ENTERED  INTO  PURSUANT  TO  SUBDIVISION  TWENTY-TWO  OF  THIS
 SECTION.
   (KK) "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-FOUR  THAT ADDED THIS SECTION OR AS AMENDED THEREAFTER,
 TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING  SUBSTAN-
 TIALLY THE SAME SUBJECT MATTER.
   (LL)  "RENTAL  PROJECT" SHALL MEAN, COLLECTIVELY, LARGE RENTAL PROJECT
 AND SMALL RENTAL PROJECT.
   (MM) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
 UNITS.
   (NN) "SMALL RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING  OF
 LESS  THAN THIRTY RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS
 INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING.
   (OO) "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.
   (PP) "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.
 S. 8306--A                         66                         A. 8806--A
 
   (QQ) "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
 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.
   (RR) "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.
   (SS) "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 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 THIR-
 TY-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 MORE THAN THE NUMBER OF  RENTAL
 UNITS SET FORTH BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT
 TO  SUBDIVISION  TWENTY-TWO  OF THIS SECTION THAT ARE LOCATED WITHIN THE
 PRIME DEVELOPMENT AREA SHALL COMPLY WITH THE REQUIREMENTS SET  FORTH  IN
 THIS  SUBDIVISION.  FOR PURPOSES OF THIS SUBDIVISION, "CONTRACTOR" SHALL
 S. 8306--A                         67                         A. 8806--A
 
 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) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN
 ELIGIBLE  SITE  WITHIN  THE MANHATTAN PRIME DEVELOPMENT AREA SHALL BE NO
 LESS THAN THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO
 PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION, AND  SHALL  INCREASE
 PURSUANT TO A SCHEDULE SET FORTH BY SUCH MEMORANDUM.
   (B) 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 THE AMOUNT SET BY THE MEMO-
 RANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION  TWENTY-TWO
 OF  THIS SECTION, AND SHALL INCREASE PURSUANT TO A SCHEDULE SET FORTH BY
 SUCH MEMORANDUM.
   (C) THE REQUIREMENTS OF PARAGRAPHS (A) AND  (B)  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; OR
   (II)  ANY ELIGIBLE DWELLING THAT MEETS EXEMPTION CRITERIA SET FORTH IN
 A MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWEN-
 TY-TWO OF THIS SECTION.
   (D) 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 AVERAGE HOURLY WAGE SET
 PURSUANT  TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION AS APPLICABLE, THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT SHALL ALSO SET FORTH THE AMOUNT OF
 SUCH DEFICIENCY.
   (E) 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 AN AMOUNT SET FORTH BY THE MEMORANDUM OF UNDERSTANDING
 ENTERED  INTO  PURSUANT  TO  SUBDIVISION  TWENTY-TWO  OF  THIS  SECTION,
 PROVIDED  THAT  THE MAXIMUM FINE SHALL NOT EXCEED AN AMOUNT SET FORTH IN
 SUCH MEMORANDUM.
   (F) IN THE EVENT THAT THE PROJECT-WIDE CERTIFIED PAYROLL REPORT  SHOWS
 THAT  THE WAGE PAID AS REQUIRED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVI-
 SION, AS APPLICABLE, WAS NOT PAID, IF THE WAGE PAID  IS  WITHIN  FIFTEEN
 PERCENT OF THE AVERAGE HOURLY WAGE REQUIRED PURSUANT TO PARAGRAPH (A) OR
 (B)  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 ADMINIS-
 S. 8306--A                         68                         A. 8806--A
 
 TRATOR  AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT. THE THIRD-PARTY FUND  ADMINISTRA-
 TOR  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 AVERAGE HOURLY 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  PARA-
 GRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT
 SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVI-
 SION  TWENTY-TWO  OF  THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL
 NOT EXCEED THE AMOUNT SET BY THE  MEMORANDUM  OF  UNDERSTANDING  ENTERED
 INTO  PURSUANT  TO  SUBDIVISION TWENTY-TWO OF THIS SECTION.  IF THE WAGE
 PAID IS MORE THAN FIFTEEN PERCENT BELOW THE CONSTRUCTION  WAGE  REQUIRED
 PURSUANT  TO  PARAGRAPH  (A)  OR (B) 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 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 AVERAGE  HOURLY  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 NOT TO EXCEED THE AMOUNT SET BY THE
 MEMORANDUM  OF  UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWEN-
 TY-TWO OF THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL NOT  EXCEED
 THE  AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT
 SUBDIVISION TWENTY-TWO OF THIS SECTION.   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 INAC-
 CURATE CONTRACTOR CERTIFIED PAYROLL REPORTS OR FOR FRAUDULENT OR INACCU-
 RATE  PROJECT-WIDE  CERTIFIED  PAYROLL  REPORTS, PROVIDED, HOWEVER, THAT
 PAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR 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-CONTRAC-
 TOR, AND THAT THE APPLICANT WILL  BE  LIABLE  FOR  UNDERPAYMENT  TO  THE
 THIRD-PARTY  FUND ADMINISTRATOR UNLESS THE FISCAL OFFICER DETERMINES, IN
 S. 8306--A                         69                         A. 8806--A
 
 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  ADMINIS-
 TRATOR  HAS BEEN MADE IN THE AMOUNT SET FORTH IN THE PROJECT-WIDE CERTI-
 FIED PAYROLL REPORT. OTHER THAN THE UNDERPAYMENT, WHICH MUST BE PAID  TO
 THE THIRD-PARTY FUND ADMINISTRATOR, 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.
   (G) 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.
   (H) 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 (E) 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. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SECTION, AN
 ELIGIBLE  SITE  MUST,  OVER THE COURSE OF THE DESIGN AND CONSTRUCTION OF
 SUCH ELIGIBLE SITE, MAKE ALL REASONABLE EFFORTS TO  SPEND  ON  CONTRACTS
 WITH  MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES AT LEAST TWENTY-FIVE
 PERCENT OF THE TOTAL APPLICABLE COSTS, AS SUCH ENTERPRISES AND COSTS ARE
 DEFINED IN RULES OF THE AGENCY. SUCH  RULES  SHALL  SET  FORTH  REQUIRED
 MEASURES  WITH RESPECT TO CONTRACTS FOR DESIGN AND CONSTRUCTION THAT ARE
 COMPARABLE, TO THE EXTENT PRACTICABLE, TO THE MEASURES USED BY  AGENCIES
 OF  THE  CITY  OF  NEW YORK TO ENHANCE MINORITY AND WOMEN OWNED BUSINESS
 ENTERPRISE PARTICIPATION IN AGENCY CONTRACTS PURSUANT TO APPLICABLE LAW,
 INCLUDING SECTION 6-129 OF THE ADMINISTRATIVE CODE OF THE  CITY  OF  NEW
 YORK.
   5.  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
 S. 8306--A                         70                         A. 8806--A
 
 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.
   6.  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
 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.
   7.  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.
   8.  AFFORDABILITY  REQUIREMENTS.  A  RENTAL  PROJECT SHALL MAINTAIN AN
 AFFORDABILITY PERCENTAGE AT OR ABOVE THE MINIMUM AFFORDABILITY  PERCENT-
 AGE  SET  FORTH IN REGULATIONS PROMULGATED BY THE AGENCY. THE AFFORDABLE
 DWELLING UNITS WITHIN A RENTAL PROJECT SHALL COMPLY WITH THE AREA MEDIAN
 INCOME AFFORDABILITY LEVEL OR LEVELS SET FORTH PURSUANT  TO  REGULATIONS
 PROMULGATED  BY  THE AGENCY. IN SETTING THE AFFORDABILITY PERCENTAGE AND
 THE AREA MEDIAN INCOME LEVELS, THE AGENCY SHALL CONSIDER  THE  FOLLOWING
 GOALS  AND  FACTORS:  THE PRODUCTION OF FINANCIALLY VIABLE, HIGH QUALITY
 AND SAFE HOUSING, PARTICULARLY IN WELL-RESOURCED AREAS  WITH  HIGH  LAND
 ACQUISITION COSTS, THAT MEET THE NEEDS OF LOW AND MODERATE INCOME HOUSE-
 HOLDS AND INDIVIDUALS.
   (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-
 S. 8306--A                         71                         A. 8806--A
 
 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 THE AFFORDABLE HOMEOWNERSHIP PROJECT
 REQUIREMENTS 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.
   (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.
   9. 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:
 S. 8306--A                         72                         A. 8806--A

   (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
 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 THIRTY 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.
   10. REPLACEMENT RATIO. IF THE  LAND  ON  WHICH  AN  ELIGIBLE  SITE  IS
 LOCATED  CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCE-
 MENT DATE OF THE FIRST ELIGIBLE MULTIPLE  DWELLING  THEREON,  THEN  SUCH
 S. 8306--A                         73                         A. 8806--A
 
 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.
   11. 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.
   12.  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.
   13. 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. IF AN APPLI-
 CANT  HAS  COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH B
 OF SUBDIVISION NINE OF THIS SECTION WITHIN A FIVE-YEAR PERIOD, THE AGEN-
 CY MAY REVOKE ANY BENEFITS UNDER THIS  SECTION.  FOR  PURPOSES  OF  THIS
 SUBDIVISION,  A  "VIOLATION"  OF PARAGRAPH B OF SUBDIVISION NINE OF THIS
 SECTION SHALL BE DEEMED A FINDING BY THE FISCAL OFFICER THAT THE  APPLI-
 CANT  HAS  FAILED TO COMPLY WITH PARAGRAPH B OF SUBDIVISION NINE 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  OFFI-
 CER  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 BENEFITS  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.
   14.  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.
   15. 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.
   16. 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.
 S. 8306--A                         74                         A. 8806--A
 
   (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 AS
 A CONDITION TO APPROVAL OF THE APPLICATION.
   17. 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.
   18. RULES. EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND NINE  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.
   19.  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-FOUR THAT ADDED THIS  SECTION
 MAY  ELECT TO COMPLY WITH THIS SECTION AND RECEIVE ANNY PROGRAM BENEFITS
 PURSUANT TO THIS SECTION.
   20. 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.
   21.  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 ESTABLISHED PURSUANT TO SUBDIVISION EIGHT OF
 THIS SECTION BY SUCH LARGE RENTAL PROJECT.  THE AGENCY SHALL ESTABLISH A
 SCHEDULE AND METHOD OF CALCULATION OF SUCH FINES PURSUANT TO SUBDIVISION
 SEVENTEEN OF THIS SECTION.
   (B) A FINE UNDER THIS SUBDIVISION MAY BE IMPOSED AGAINST THE OWNER  OF
 THE  ELIGIBLE  SITE CONTAINING SUCH LARGE RENTAL PROJECT AT THE TIME THE
 VIOLATION OCCURRED, EVEN IF SUCH OWNER  NO  LONGER  OWNS  SUCH  ELIGIBLE
 S. 8306--A                         75                         A. 8806--A
 
 SITE.    A  FAILURE TO PAY SUCH FINE MAY RESULT IN A LIEN AND SUCH OTHER
 REMEDIES AS MAY BE AVAILABLE PURSUANT TO APPLICABLE LAW AND REGULATION.
   22.  THE  PROVISIONS  OF  SUBDIVISIONS  ONE THROUGH TWENTY-ONE OF THIS
 SECTION SHALL TAKE EFFECT ONLY UPON THE CONDITIONS  THAT  ON  OR  BEFORE
 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE: (A) A MEMORANDUM OF UNDERSTAND-
 ING  IS  EXECUTED  BY ONE, OR MORE, REPRESENTATIVES OF THE LARGEST TRADE
 ASSOCIATION OF RESIDENTIAL REAL ESTATE DEVELOPERS, EITHER FOR PROFIT  OR
 NOT-FOR-PROFIT,  IN  NEW  YORK  CITY  AS WELL AS ONE, OR MORE, REPRESEN-
 TATIVES OF THE LARGEST TRADE LABOR ASSOCIATION REPRESENTING BUILDING AND
 CONSTRUCTION WORKERS, WITH MEMBERSHIP IN NEW YORK CITY, AND  (B)  NOTICE
 OF  SUCH  FULL  EXECUTION  IS DELIVERED TO THE LEGISLATIVE BILL DRAFTING
 COMMISSION. SUCH MEMORANDUM OF UNDERSTANDING  SHALL  INCLUDE  PROVISIONS
 REGARDING  WAGES  OR WAGE SUPPLEMENTS FOR CONSTRUCTION WORKERS ON BUILD-
 INGS OVER FIFTEEN UNITS WHERE SUCH BUILDINGS ENJOY THE BENEFITS OF  THIS
 SECTION;  PROVIDED,  HOWEVER,  THAT  SUCH  MEMORANDUM SHALL ALSO ADDRESS
 ISSUES INCLUDING THOSE RELATED TO THE (I) NUMBER OF UNITS, (II) APPLICA-
 TION OF A WAGE SCHEDULE TO DIFFERENT SIZE PROJECTS, (III) WAGE SCHEDULES
 FOR VARIOUS GEOGRAPHIC LOCATIONS IN NEW YORK CITY, AND (IV)  A  SCHEDULE
 OF FINES FOR NON-COMPLIANCE WITH THE WAGE REQUIREMENTS SET FORTH IN THIS
 SECTION.  THE  TERMS  AND  CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING
 SHALL APPLY TO ALL PROJECTS WITH MORE THAN FIFTEEN  UNITS  THAT  RECEIVE
 BENEFITS  UNDER  THIS  SECTION  AFTER THE MEMORANDUM OF UNDERSTANDING IS
 EXECUTED. NOTWITHSTANDING THE FOREGOING, 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.
   § 2. Paragraphs f and g of subdivision 3 of section 224-a of the labor
 law,  as  added  by  section  1 of part FFF of chapter 58 of the laws of
 2020, are amended and a new paragraph h is added to read as follows:
   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-X OF THE REAL PROP-
 ERTY TAX LAW.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to  the  clause,  sentence,  paragraph,  subdivision, or section thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  department of housing preservation and development shall notify the
 legislative  bill  drafting  commission  upon  the  occurrence  of   the
 execution of the memorandum of understanding provided for in subdivision
 twenty-two  of  section  485-x  of the real property tax law as added by
 section one of this act in order that the  commission  may  maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.
 S. 8306--A                         76                         A. 8806--A
 
   § 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 U 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
 ________________________________________________________________________
 
                                  8806--B
 
                           I N  A S S E M B L Y
 
                             January 17, 2024
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read once and referred to the  Committee  on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee

 AN ACT to amend the education law, in relation to contracts  for  excel-
   lence;  to  amend the education law, in relation to foundation aid; to
   amend the education  law,  in  relation  to  allowable  transportation
   expenses;  to  amend  the education law, in relation to transportation
   aid and the Clean Water, Clean Air, and Green Jobs Environmental  Bond
   Act  of  2022;  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 universal prekinder-
   garten and the Statewide universal full-day pre-kindergarten  program;
   to amend the education law, in relation to transportation after 4pm in
   certain  school  districts; to amend the education law, in relation to
   implementation of the smart schools bond act of  2014;  to  amend  the
   education law, in relation to special apportionments and grants-in-aid
   to  school  districts;  to amend the education law, in relation to aid
   for BOCES and  special  services;  to  amend  the  education  law,  in
   relation  to  the additional apportionment of building aid for certain
   projects; to amend the education law, in relation to aid  for  certain
   transportation;  to  amend  the  education law, in relation to aid for
   library materials; to amend the education  law,  in  relation  to  the
   computation  of  building  aid for the construction, reconstruction or
   modernizing of certain schools by the Binghamton City School District;
   to amend the education law, in relation to aid for universal  pre-kin-
   dergarten;  to  amend  the  education  law,  in  relation to extending
   certain provisions of the teachers of tomorrow teacher recruitment and
   retention program; to amend the education law, in relation to  maximum
   class  sizes  for  special classes for certain students with disabili-
   ties; to amend chapter 82 of the laws of 1995, amending the  education
   law  and  other laws relating to state aid to school districts and the
   appropriation of funds for the support of government, in  relation  to
   the  effectiveness  thereof;  to amend chapter 756 of the laws of 1992
   relating to funding a program for work force  education  conducted  by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12672-04-4
 A. 8806--B                          2
 
   the  consortium  for worker education in New York city, in relation to
   reimbursement for the 2023-2024 school year withholding a  portion  of
   employment preparation education aid and in relation to the effective-
   ness thereof; to amend the education law, in relation to the financing
   of  charter  schools;  to  amend the education law, in relation to aid
   payable for certain persons twenty-one years of age or older; to amend
   the civil practice law and rules and the administrative  code  of  the
   city  of New York, in relation to updating the fee collected by county
   clerks for deposit into the cultural education account; to amend  part
   A of chapter 56 of the laws of 2023 directing the education department
   to  conduct  a comprehensive study of alternative tuition rate-setting
   methodologies  for  approved  providers   operating   school-age   and
   preschool  programs  receiving state funding, in relation to extending
   the date for the submission of such recommendations; 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
   subpart F of part C of chapter 97 of the laws of  2011,  amending  the
   education  law relating to census reporting, in relation to the effec-
   tiveness thereof;  providing  for  special  apportionment  for  salary
   expenses;  providing  for  special  apportionment  for  public pension
   accruals; providing for set-asides from the state funds which  certain
   districts  are  receiving from the total foundation aid; and providing
   for support of public libraries (Part A); to amend the education  law,
   in  relation to establishing evidence-based reading instructional best
   practices for students attending prekindergarten through  grade  three
   (Part  B); to amend the education law, in relation to creating uniform
   resources on post-secondary financial aid programs  (Part  C);  inten-
   tionally  omitted  (Part  D); intentionally omitted (Part E); to amend
   chapter 260 of the laws of 2011 amending the education law and the New
   York state urban development corporation act relating to  establishing
   components of the NY-SUNY 2020 challenge grant program, in relation to
   the effectiveness thereof (Part F); intentionally omitted (Part G); 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 H);  intentionally  omitted  (Part  I);  intentionally
   omitted  (Part J); intentionally omitted (Part K); intentionally omit-
   ted (Part L); intentionally omitted (Part M); to utilize  reserves  in
   the  mortgage  insurance  fund  for various housing purposes (Part N);
   intentionally omitted (Part O); intentionally omitted (Part P); inten-
   tionally omitted (Part Q);  intentionally  omitted  (Part  R);  inten-
   tionally  omitted  (Part  S);  intentionally  omitted (Part T); inten-
   tionally omitted (Part U); requiring the state university of New  York
   trustees  and  city university of New York trustees to jointly develop
   recommendations regarding a new formula for  financing  the  operating
   costs  of  community colleges (Part V); to amend the education law, in
   relation to permitting tuition assistance program awards to be made to
   part-time students enrolled in certain  degree  granting  institutions
   chartered  or  authorized by the New York state board of regents (Part
   W); to amend the education law, in relation to increasing  the  income
   eligibility  threshold for the tuition assistance program (Part X); to
   amend the social services law,  in  relation  to  monthly  grants  and
   allowances of public assistance (Part Y); to amend the social services
   law,  in  relation to child care assistance under the child care block
   grant (Part Z); to amend the public housing law, in relation to estab-
   lishing the housing access voucher program (Part  AA);  to  amend  the
 A. 8806--B                          3
 
   public  housing  law  and  the  public authorities law, in relation to
   establishing the homeownership opportunity  connection  program  (Part
   BB);  to  amend  the  social services law, in relation to establishing
   differential  payment  rates  for  child  care  services  provided  by
   licensed, registered or enrolled child care providers  (Part  CC);  to
   amend  the public housing law, in relation to establishing the housing
   access voucher program (Part DD); in relation to prohibiting the high-
   er education services corporation from seeking recovery of awards made
   in error during certain academic years  due  to  administrative  error
   (Part  EE);  authorizing the creation of a state debt in the amount of
   two billion dollars, in relation to creating the  smart  schools  bond
   act  of  2024  for the purposes of funding capital projects to provide
   learning technology equipment or facilities, enhanced internet connec-
   tivity for schools and communities, educational facilities to accommo-
   date pre-kindergarten programs and install or construct  zero-emission
   school  bus  charging infrastructure; and providing for the submission
   to the people of a proposition or question therefor to be  voted  upon
   at  the  general  election  to be held in November, 2024 (Part FF); to
   amend the social services law, in  relation  to  implementing  a  cost
   estimation  model for child care (Part GG); to amend the education law
   and the state finance law,  in  relation  to  implementing  the  smart
   schools  bond  act  of  2024 (Part HH); to amend the general municipal
   law, in relation to establishing and certifying  pro-housing  communi-
   ties  (Part  II);  to  amend  the  social services law, in relation to
   establishing the Increasing Nutrition Support for Prenatal and  Infant
   REsiliency ("INSPIRE") pilot program (Part JJ); to amend the education
   law,  in relation to requiring the use of project labor agreements for
   large  scale  construction  projects  under   the   state   university
   construction  fund  (Part  KK);  to  amend the executive law, the real
   property actions and proceedings law and the  real  property  law,  in
   relation  to establishing the New York state office of civil represen-
   tation to provide a right to counsel  in  eviction  proceedings  (Part
   LL);  to  amend  the education law, in relation to eligibility for the
   New York state get on your feet loan forgiveness program (Part MM); to
   amend the education law, in relation  to  extending  the  duration  of
   tuition  assistance  program awards (Part NN); and to amend the educa-
   tion law, in relation to the New  York  state  district  attorney  and
   indigent legal services attorney loan forgiveness program (Part OO)
 
   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 2024-2025 state fiscal year. Each component is
 wholly contained within a Part identified as Parts  A  through  OO.  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.
 A. 8806--B                          4

                                  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
 2023, 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
 A. 8806--B                          5
 
 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
 A. 8806--B                          6
 
 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;
 and  provided  further that, a school district that submitted a contract
 for excellence for the two  thousand  twenty-two--two  thousand  twenty-
 three  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-three--two thousand twenty-four 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--
 two  thousand  twenty-three  school  year;  AND PROVIDED FURTHER THAT, A
 SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR  EXCELLENCE  FOR  THE  TWO
 THOUSAND  TWENTY-THREE--TWO THOUSAND TWENTY-FOUR 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-FOUR--TWO THOUSAND
 TWENTY-FIVE 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-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR;
 provided,  however,  that,  in a city school district in a city having a
 population of one million or more, notwithstanding the  requirements  of
 subparagraph (vi) of paragraph a of subdivision two of this section, the
 contract  for  excellence shall provide for the expenditure as set forth
 in subparagraph (v) of paragraph a of subdivision two of  this  section.
 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. Intentionally omitted.
 A. 8806--B                          7

   § 2-a. Paragraph k of subdivision 4 of section 3602 of  the  education
 law,  as added by section 2 of part A of chapter 56 of the laws of 2023,
 is amended to read as follows:
   k.  Foundation aid payable in the two thousand twenty-three--two thou-
 sand twenty-four AND TWO THOUSAND TWENTY-FOUR--TWO THOUSAND  TWENTY-FIVE
 school [year] YEARS. Notwithstanding any provision of law to the contra-
 ry,  foundation  aid payable in the two thousand twenty-three--two thou-
 sand twenty-four AND TWO THOUSAND TWENTY-FOUR--TWO THOUSAND  TWENTY-FIVE
 school  [year]  YEARS  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 positive difference, if any, of (i)
 total foundation aid computed pursuant to paragraph a of  this  subdivi-
 sion  less (ii) the total foundation aid base computed pursuant to para-
 graph j of subdivision one of this section, or (b) the product of  three
 hundredths  (0.03)  multiplied by the total foundation aid base computed
 pursuant to paragraph j of subdivision one of this section.
   § 3. Intentionally omitted.
   § 4. Intentionally omitted.
   § 5. Paragraph d of subdivision 4 of section  3602  of  the  education
 law,  as  amended  by section 6 of part YYY of chapter 59 of the laws of
 2019, is amended to read as follows:
   d. For the two thousand fourteen--two  thousand  fifteen  through  two
 thousand  [twenty-three]  TWENTY-EIGHT--two thousand [twenty-four] TWEN-
 TY-NINE school years a city school district of a  city  having  a  popu-
 lation  of  one  million or more may use amounts apportioned pursuant to
 this subdivision for afterschool programs.
   § 6. Intentionally omitted.
   § 7. Intentionally omitted.
   § 8. The closing paragraph of subdivision 3 of  section  3602  of  the
 education  law,  as  added  by section 13 of part B of chapter 57 of the
 laws of 2007, is amended to read as follows:
   Such result shall be expressed as a decimal carried  to  three  places
 without  rounding,  but  shall not be greater than ninety hundredths nor
 less than zero, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE
 STATE SHARING RATIO FOR TOTAL FOUNDATION AID IN THE TWO  THOUSAND  TWEN-
 TY-FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL  YEAR  AND  THEREAFTER, SUCH
 RESULT SHALL NOT BE GREATER THAN NINETY-ONE HUNDREDTHS.
   § 8-a. 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
 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, (I) FOR THE TWO THOUSAND TWENTY-
 THREE--TWO THOUSAND TWENTY-FOUR AND PRIOR SCHOOL  YEARS,  in  excess  of
 thirty  thousand dollars, (II) FOR AID PAYABLE IN THE TWO THOUSAND TWEN-
 TY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR IN EXCESS OF  FORTY  THOU-
 SAND    DOLLARS, (III) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--
 TWO THOUSAND TWENTY-SIX SCHOOL YEAR, IN  EXCESS  OF    FIFTY    THOUSAND
 DOLLARS, (IV)  FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-SIX--TWO THOU-
 A. 8806--B                          8
 
 SAND  TWENTY-SEVEN  SCHOOL YEAR AND THEREAFTER, IN EXCESS OF SIXTY THOU-
 SAND DOLLARS, shall not be such an approved  expense,  and  except  also
 that  administrative  and clerical expenses shall not exceed ten percent
 of  the  total  expenses  for  purposes  of this computation. 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.
   §  8-b. 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 PRODUCT OF  the  attendance  of
 STUDENTS  IN  GRADE  NINE  MULTIPLIED  BY  THE SPECIAL SERVICES PHASE-IN
 FACTOR, PLUS THE ATTENDANCE OF students in grades ten through twelve  in
 career education sequences in trade, industrial, technical, agricultural
 or health programs, plus the product of sixteen hundredths multiplied by
 THE  SUM  OF  THE  PRODUCT  OF  the attendance of STUDENTS IN GRADE NINE
 MULTIPLIED BY THE SPECIAL SERVICES PHASE-IN FACTOR, PLUS THE  ATTENDANCE
 OF  students  in grades ten through twelve in career education sequences
 in business and marketing as defined by the commissioner in regulations;
 PROVIDED THAT THE SPECIAL SERVICES PHASE-IN FACTOR SHALL BE   (I)    FOR
 THE  TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE SCHOOL YEAR,
 THIRTY-THREE PERCENT (0.33), (II) FOR THE TWO THOUSAND  TWENTY-FIVE--TWO
 THOUSAND   TWENTY-SIX   SCHOOL   YEAR,  SIXTY-SIX  PERCENT (0.66), (III)
 FOR THE TWO  THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL  YEAR
 AND THEREAFTER, ONE HUNDRED PERCENT  (1.0).  The  career  education  aid
 ratio  shall be computed by subtracting from one the product obtained by
 multiplying fifty-nine percent by the combined wealth  ratio.  This  aid
 A. 8806--B                          9
 
 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.
   § 9. Intentionally omitted.
   § 10. Intentionally omitted.
   §  11.  Subparagraphs  2  and  3  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,  are amended to read as follows:
   (2)  is  a construction emergency project to remediate emergency situ-
 ations which arise in public school buildings and  threaten  the  health
 and/or  safety  of  building occupants, as a result of the unanticipated
 discovery of asbestos or other hazardous substances during  construction
 work on a school or significant damage caused by a fire, snow storm, ice
 storm, excessive rain, high winds, flood or a similar catastrophic event
 which results in the necessity for immediate repair[; and/or
   (3)  if  bonded  pursuant  to  paragraph  j of subdivision six of this
 section, would cause a city school district in a  city  having  a  popu-
 lation  of  less  than  one  hundred twenty-five thousand inhabitants to
 exceed ninety-five percent of its constitutional  debt  limit  provided,
 however,  that any debt issued pursuant to paragraph c of section 104.00
 of the local finance law shall not be included in such calculation].
   § 11-a. 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; and/or
   §  12. The opening paragraph of subdivision 2 of section 3623-a of the
 education law, as added by chapter 474 of the laws of 1996,  is  amended
 to read as follows:
   Allowable transportation capital, debt service and lease expense shall
 include  base year expenditures [for:] AS DESCRIBED IN THIS SUBDIVISION,
 NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND-
 ITURES AS PRESCRIBED BY THE COMMISSIONER, EXCEPT AS  PROVIDED  IN  PARA-
 GRAPH D OF SUBDIVISION THREE OF THIS SECTION.
   §  13. Subdivision 3 of section 3623-a of the education law is amended
 by adding added a new paragraph d to read as follows:
   D. (1) FOR AID PAYABLE IN THE TWO THOUSAND  TWENTY-FOUR--TWO  THOUSAND
 TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF
 LAW  TO THE CONTRARY, APPROVED TRANSPORTATION CAPITAL, DEBT SERVICE, AND
 LEASE EXPENSES FOR APPORTIONMENTS TO SCHOOL DISTRICTS UNDER  SUBDIVISION
 SEVEN  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL INCLUDE
 THE FINAL VALUE OF ANY VOUCHERS PAID ON BEHALF  OF  A  SCHOOL  DISTRICT,
 PAYMENTS, AND GRANTS AUTHORIZED PURSUANT TO SECTION 58-0701 OF THE ENVI-
 A. 8806--B                         10
 
 RONMENTAL  CONSERVATION LAW FOR COSTS ASSOCIATED WITH THE PURCHASE OF OR
 CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE.
   (2) IN THE CASE OF ALLOWABLE EXPENSES FOR TRANSPORTATION CAPITAL, DEBT
 SERVICE,  OR  LEASES  WHICH  ARE  RELATED  TO  COSTS ASSOCIATED WITH THE
 PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES  AND  SUPPORTING
 INFRASTRUCTURE  AND WHICH ARE SUPPORTED IN WHOLE OR IN PART BY VOUCHERS,
 PAYMENTS, OR GRANTS AUTHORIZED UNDER SECTION  58-0701  OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW,  SUCH ALLOWABLE EXPENSES AT THE TIME IN WHICH
 THE EXPENSE IS CLAIMED FOR AID SHALL NOT EXCEED THE SUM OF (I) THE PROD-
 UCT OF THE TRANSPORTATION AID RATIO CALCULATED PURSUANT  TO  SUBDIVISION
 SEVEN  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS ARTICLE MULTIPLIED BY
 ALLOWABLE EXPENSES, PLUS (II) THE FINAL VALUE OF ANY SUCH VOUCHERS  PAID
 ON  BEHALF  OF  A SCHOOL DISTRICT, PAYMENTS, AND GRANTS AUTHORIZED UNDER
 SECTION 58-0701 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (3) THE ENTITY AUTHORIZED TO  PROVIDE  STATE  ASSISTANCE  PAYMENTS  OR
 GRANTS  PURSUANT  TO  SUBDIVISION TWO OF SECTION 58-0703 OF THE ENVIRON-
 MENTAL CONSERVATION LAW SHALL PROVIDE TO  THE  COMMISSIONER  A  LIST  OF
 GRANTS  AWARDED AND PAYMENTS TO EACH SCHOOL DISTRICT OR VOUCHERS PAID ON
 BEHALF OF A SCHOOL DISTRICT FOR THE PURCHASE OF OR CONVERSION  TO  ZERO-
 EMISSION  SCHOOL  BUSES  AND SUPPORTING INFRASTRUCTURE NO LATER THAN ONE
 MONTH PRIOR TO THE END OF EACH CALENDAR YEAR AND EACH SCHOOL YEAR.  THIS
 LIST SHALL INCLUDE THE TYPE AND NUMBER OF ZERO-EMISSION SCHOOL BUSES  TO
 BE  FUNDED BY THESE PAYMENTS OR GRANTS, THE SUPPORTING INFRASTRUCTURE TO
 BE FUNDED BY THESE PAYMENTS OR GRANTS, THE AWARD AMOUNTS OF EACH PAYMENT
 OR GRANT, THE DIRECT RECIPIENT OF EACH PAYMENT OR  GRANT,  THE  DISTRICT
 RECEIVING  SUCH  PAYMENT OR GRANT OR THAT BENEFITTED FROM  SUCH VOUCHER,
 THE DATE ON WHICH THE PAYMENT OR  GRANT  WAS  RECEIVED,  AND  ANY  OTHER
 INFORMATION NECESSARY FOR THE CALCULATION OF AID PURSUANT TO SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
   §  14.  Paragraph i of subdivision 12 of section 3602 of the education
 law, as amended by section 10 of part A of chapter 56  of  the  laws  of
 2023, is amended to read as follows:
   i.  For  the  two  thousand twenty-one--two thousand twenty-two school
 year through the two thousand [twenty-three]  TWENTY-FOUR--two  thousand
 [twenty-four]  TWENTY-FIVE  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 "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  appor-
 tionment  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.
   §  15.  The opening paragraph of subdivision 16 of section 3602 of the
 education law, as amended by section 11 of part A of chapter 56  of  the
 laws of 2023, 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
 A. 8806--B                         11
 
 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-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY-
 FIVE school year 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  commis-
 sioner  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 ESTI-
 MATED AIDS" in the school aid computer listing produced by  the  commis-
 sioner  in  support  of the executive budget for the 2013-14 fiscal year
 and entitled "BT131-4".
   § 15-a. Subparagraph 9 of paragraph a of subdivision 6 of section 3602
 of the education law, as added by chapter 617 of the laws  of  2021,  is
 renumbered subparagraph 11 and a new subparagraph 12 is added to read as
 follows:
   (12)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
 THE PURPOSE OF COMPUTATION OF  BUILDING  AID  FOR  CONSTRUCTION,  RECON-
 STRUCTION  OR  MODERNIZING OF NO MORE THAN ONE PROJECT BY THE BINGHAMTON
 CITY SCHOOL DISTRICT, MULTI-YEAR COST ALLOWANCES FOR THE  PROJECT  SHALL
 BE  ESTABLISHED  AND  UTILIZED  TWO TIMES IN THE FIRST FIVE-YEAR PERIOD.
 SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL  BE  ESTABLISHED  NO  SOONER
 THAN  TEN  YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM COST ALLOWANCE
 AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
   § 16. Paragraph d of subdivision 10 of section 3602-e of the education
 law, as amended by section 23-c of part A of chapter 56 of the  laws  of
 2021, is amended to read as follows:
   d. Notwithstanding any other provision of this section, apportionments
 under this section greater than the amounts provided in the two thousand
 sixteen--two  thousand  seventeen  school  year  shall  only  be used to
 supplement and not supplant current local  expenditures  of  [state  or]
 local funds on prekindergarten programs and the number of eligible full-
 day  four-year-old  prekindergarten  pupils and eligible full-day three-
 year-old prekindergarten pupils in  such  programs  from  such  sources.
 Current  local  expenditures  shall  include  any  local expenditures of
 [state or] local funds used to supplement or  extend  services  provided
 directly  or  via  contract to eligible children enrolled in a universal
 prekindergarten program pursuant to this section.
   § 17. Subdivision 13 of section 3602-ee of the education law, as added
 by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
 read as follows:
   13. Apportionments under this section shall only be used to supplement
 and not supplant current local expenditures of federal[, state] or local
 funds on pre-kindergarten programs and  the  number  of  slots  in  such
 programs from such sources. Current local expenditures shall include any
 local expenditures of federal[, state] or local funds used to supplement
 or  extend  services provided directly or via contract to eligible chil-
 dren enrolled  in  a  universal  pre-kindergarten  program  pursuant  to
 section thirty-six hundred two-e of this part.
 A. 8806--B                         12
 
   §  17-a. Section 3627 of the education law, as amended by section 7 of
 part A of chapter 56 of the laws of 2014 and subdivision 4 as amended by
 section 18-a of part A of chapter 56 of the laws of 2023, is amended  to
 read as follows:
   §  3627.  Transportation  after 4pm. 1. TRANSPORTATION AFTER 4PM FOR A
 CITY SCHOOL DISTRICT LOCATED IN  A  CITY  HAVING  A  POPULATION  OF  ONE
 MILLION  OR  MORE.  A.  Notwithstanding  any  other  provisions  of this
 [section] SUBDIVISION to the contrary, for the two  thousand  thirteen--
 two  thousand  fourteen  and two thousand fourteen--two thousand fifteen
 school year and thereafter, a city school district  located  in  a  city
 having  a  population  of  one  million or more providing transportation
 pursuant to this chapter shall be responsible for:
   [(a)] (I) providing transportation for those children attending public
 and nonpublic schools in grades kindergarten through six who  remain  at
 the  same  school  for  which  they are enrolled for regularly scheduled
 academic classes from half-past nine o'clock in the morning  or  earlier
 until four o'clock in the afternoon or later, on weekdays, and reside at
 least  one mile from their school of attendance for grades three through
 six, and at least one-half mile from  their  school  of  attendance  for
 grades kindergarten through two or
   [(b)]  (II)  reimbursing  the cost incurred by licensed transportation
 carriers pursuant to contracts with such school district  for  providing
 transportation for those children attending public and nonpublic schools
 in  grades  kindergarten  through  six who remain at the same school for
 which they are enrolled for regularly scheduled  academic  classes  from
 half-past  nine  o'clock in the morning or earlier until four o'clock in
 the afternoon or later, on weekdays, and reside at least one  mile  from
 their  school  of  attendance for grades three through six, and at least
 one-half mile from their school of attendance  for  grades  kindergarten
 through two.
   [2.]  B.  Nothing herein shall prohibit the school district from reim-
 bursing for costs incurred for contracts between the school district and
 any entity providing or contracting for such transportation service.
   [3.] C. A district shall not be deemed to  have  satisfied  its  obli-
 gation  under  this  [section]  SUBDIVISION  by providing public service
 transportation.
   [4.] D. Notwithstanding any other provision of law  to  the  contrary,
 any  expenditures for transportation provided pursuant to this [section]
 SUBDIVISION in the two thousand thirteen--two thousand  fourteen  school
 year and thereafter and otherwise eligible for transportation aid pursu-
 ant to subdivision seven of section thirty-six hundred two of this arti-
 cle  shall  be  considered approved transportation expenses eligible for
 transportation aid, provided further that for  the  two  thousand  thir-
 teen--two  thousand  fourteen  school  year such aid shall be limited to
 eight million one hundred thousand dollars  and  for  the  two  thousand
 fourteen--two  thousand fifteen school year such aid shall be limited to
 the sum of twelve million six hundred thousand  dollars  plus  the  base
 amount  and  for  the  two thousand fifteen--two thousand sixteen school
 year through two thousand eighteen--two thousand  nineteen  school  year
 such  aid  shall be limited to the sum of eighteen million eight hundred
 fifty thousand dollars plus the base amount and  for  the  two  thousand
 nineteen--two  thousand  twenty school year such aid shall be limited to
 the sum of nineteen million three hundred fifty  thousand  dollars  plus
 the base amount and for the two thousand twenty--two thousand twenty-one
 school  year  such  aid  shall be limited to the sum of nineteen million
 eight hundred fifty thousand dollars plus the base amount  and  for  the
 A. 8806--B                         13
 
 two  thousand twenty-two--two thousand twenty-three school year such aid
 shall be limited to the sum of twenty-two million  three  hundred  fifty
 thousand  dollars  plus the base amount and for the two thousand twenty-
 three--two  thousand  twenty-four  school year [and thereafter] such aid
 shall be limited to the sum of twenty-four million eight  hundred  fifty
 thousand  dollars  plus the base amount AND FOR THE TWO THOUSAND TWENTY-
 FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR SUCH AID SHALL BE LIMITED  TO
 THE SUM OF TWENTY-NINE MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS PLUS
 THE BASE AMOUNT AND FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWEN-
 TY-SIX SCHOOL YEAR AND THEREAFTER SUCH AID SHALL BE LIMITED TO THE MAXI-
 MUM AMOUNT OF AID FROM THE BASE YEAR PLUS THE PRODUCT OF (I) THE MAXIMUM
 AMOUNT  OF  AID UNDER THIS SUBDIVISION FROM THE BASE YEAR, MULTIPLIED BY
 (II) THE PRODUCT OF TWO AND ONE-HALF, FURTHER  MULTIPLIED  BY  (II)  THE
 POSITIVE  DIFFERENCE  OF  THE PERSONAL INCOME GROWTH INDEX AS DEFINED IN
 PARAGRAPH BB OF SUBDIVISION ONE OF SECTION  THIRTY-SIX  HUNDRED  TWO  OF
 THIS  ARTICLE  LESS  ONE.  For purposes of this [subdivision] PARAGRAPH,
 "base amount" means the amount of transportation aid paid to the  school
 district for expenditures incurred in the two thousand twelve--two thou-
 sand thirteen school year for transportation that would have been eligi-
 ble  for aid pursuant to this section had this section been in effect in
 such school year, except that [subdivision  six]  PARAGRAPH  F  of  this
 [section]  SUBDIVISION  shall  be deemed not to have been in effect. And
 provided further that the school district  shall  continue  to  annually
 expend for the transportation described in [subdivision one] PARAGRAPH A
 of  this  [section]  SUBDIVISION  at least the expenditures used for the
 base amount.
   [5.] E. Notwithstanding any other provision of this [section] SUBDIVI-
 SION to the contrary, in no event shall such city  school  district,  in
 order  to comply with the requirements of this [section] SUBDIVISION, be
 required to incur any costs in excess of the amount eligible for  trans-
 portation  aid  pursuant  to  [subdivision  four]  PARAGRAPH  D  of this
 [section] SUBDIVISION. In the event such  amount  is  insufficient,  the
 city  school  district of New York shall provide transportation services
 within such amount on an equitable basis, until  such  apportionment  is
 exhausted.
   [6.]  F.  The chancellor of such school district, in consultation with
 the commissioner, shall prescribe the most  cost  effective  system  for
 implementing the requirements of this [section] SUBDIVISION, taking into
 consideration:  [(a)]  (I) the costs associated with [paragraphs (a) and
 (b) of] SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH A  OF  THIS  subdivision
 [one  of this section], and [(b)] (II) policies that attempt to maximize
 student safety for the student to be transported, which for purposes  of
 this  section  shall include whether the pick up or drop off site of the
 transportation is:
   (i) not further than 600 feet from the student's residence; and/or
   (ii) at the same locations for any family that have  children  at  the
 same residence who attend two or more different schools.
   [7.  (a)]  G.  (I)  In  the  event  the chancellor has not satisfied a
 district's obligation under this  [section]  SUBDIVISION,  a  parent  or
 guardian  or any representative authorized by such parent or guardian of
 a child eligible to receive transportation under this [section] SUBDIVI-
 SION may request the commissioner to arrange for the  provision  of  the
 transportation to so satisfy the requirements of this [section] SUBDIVI-
 SION.
   [(b)]  (II)  If  within  sixty days of receiving a request from such a
 parent or guardian or any representative authorized by  such  parent  or
 A. 8806--B                         14
 
 guardian, the commissioner determines that the chancellor has not satis-
 fied  a district's obligation under this [section] SUBDIVISION, then the
 commissioner shall immediately direct the chancellor to contract with  a
 licensed  transportation  carrier to provide the transportation required
 pursuant to this [section] SUBDIVISION.
   [(c)] (III) In the event the chancellor is directed by the commission-
 er to contract with a licensed transportation  carrier  to  provide  the
 transportation  required  pursuant  to  this  [section] SUBDIVISION, the
 chancellor shall provide the commissioner with a copy of  such  proposed
 contract,  before  it becomes effective, and the commissioner shall have
 the power to approve, disapprove or require amendments to such  contract
 before it shall become effective.
   [(d)]  (IV)  A  district,  determined by the commissioner to not be in
 compliance with the requirements of this [section] SUBDIVISION, shall be
 responsible for the cost of any transportation contract awarded  by  the
 chancellor.
   [8.]  H.  The  parent or guardian, or any representative authorized by
 such parent or guardian, may submit a written request for transportation
 under this [section] SUBDIVISION, in the same manner and upon  the  same
 dates  as  are  required  for  a  request for transportation pursuant to
 subdivision two of section thirty-six hundred thirty-five of this  arti-
 cle.
   2.  TRANSPORTATION  AFTER  4PM FOR SULLIVAN COUNTY. A. NOTWITHSTANDING
 ANY OTHER PROVISIONS OF THIS ARTICLE TO THE CONTRARY, FOR  TWO  THOUSAND
 TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, IN THE
 COUNTY  OF  SULLIVAN, A CHILD WHO RESIDES IN AN AREA CONTAINING AT LEAST
 FIFTY CHILDREN WITHIN A FIVE MILE RADIUS WHO REMAINS AT THE SAME  SCHOOL
 FOR  WHICH  THEY  ARE  ENROLLED FOR REGULARLY SCHEDULED ACADEMIC CLASSES
 FROM HALF-PAST NINE O'CLOCK IN THE MORNING OR EARLIER UNTIL FOUR O'CLOCK
 IN THE AFTERNOON OR LATER, ON WEEKDAYS, SHALL BE PROVIDED WITH TRANSPOR-
 TATION PURSUANT TO THIS SUBDIVISION.
   (I) SUCH TRANSPORTATION SHALL BE PROVIDED TO  ALL  CHILDREN  ATTENDING
 GRADES  KINDERGARTEN THROUGH EIGHT WHO LIVE MORE THAN TWO MILES FROM THE
 SCHOOL WHICH THEY LEGALLY ATTEND AND FOR ALL CHILDREN  ATTENDING  GRADES
 NINE THROUGH TWELVE WHO LIVE MORE THAN THREE MILES FROM THE SCHOOL WHICH
 THEY  LEGALLY  ATTEND, AND SHALL BE PROVIDED FOR EACH SUCH PUPIL UP TO A
 DISTANCE OF FIFTEEN MILES, THE DISTANCES IN EACH CASE BEING MEASURED  BY
 THE NEAREST AVAILABLE ROUTE FROM HOME TO SCHOOL.
   (II)  SUCH  TRANSPORTATION  SHALL  BE PROVIDED BY (1) SCHOOL DISTRICTS
 PURSUANT TO SECTION THIRTY-SIX HUNDRED THIRTY-FIVE OF THIS ARTICLE,  (2)
 LICENSED  TRANSPORTATION CARRIERS PURSUANT TO CONTRACTS WITH SUCH SCHOOL
 DISTRICTS, OR (3) LICENSED TRANSPORTATION CARRIERS PURSUANT TO CONTRACTS
 WITH ANOTHER ENTITY, PROVIDED FURTHER THAT SCHOOL DISTRICTS SHALL  REIM-
 BURSE  SUCH ENTITIES AT A COST EQUAL TO OR LESS THAN THE AVERAGE COST TO
 TRANSPORT A PUBLIC SCHOOL STUDENT IN SUCH DISTRICT.
   (III) NOTHING HEREIN SHALL PROHIBIT A SCHOOL DISTRICT FROM REIMBURSING
 FOR COSTS INCURRED FOR CONTRACTS BETWEEN THE  SCHOOL  DISTRICT  AND  ANY
 ENTITY PROVIDING OR CONTRACTING FOR SUCH TRANSPORTATION SERVICES.
   B.  THE  PARENT  OR GUARDIAN, OR ANY REPRESENTATIVE AUTHORIZED BY SUCH
 PARENT OR GUARDIAN, MAY SUBMIT  A  WRITTEN  REQUEST  FOR  TRANSPORTATION
 UNDER  THIS  SUBDIVISION,  IN THE SAME MANNER AND UPON THE SAME DATES AS
 ARE REQUIRED FOR A REQUEST FOR TRANSPORTATION  PURSUANT  TO  SUBDIVISION
 TWO OF SECTION THIRTY-SIX HUNDRED THIRTY-FIVE OF THIS ARTICLE.
   C.  THE  BOARD  OF  EDUCATION  SHALL PRESCRIBE THE MOST COST-EFFECTIVE
 SYSTEM FOR IMPLEMENTING THE REQUIREMENTS  OF  THIS  SUBDIVISION,  TAKING
 A. 8806--B                         15
 
 INTO CONSIDERATION POLICIES THAT MAXIMIZE STUDENT SAFETY FOR THE STUDENT
 TO BE TRANSPORTED.
   §  18.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 16 of part A of chapter 56 of the laws  of  2023,  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-four]  TWENTY-FIVE; provided that the program shall continue and
 remain in full effect.
   § 18-a. Subparagraph (ix) of the opening paragraph of  subdivision  10
 of section 3602-e of the education law, as added by section 17-c of part
 A  of chapter 56 of the laws of 2022, is amended and a new paragraph (x)
 is added to read as follows:
   (ix)  for  the  two  thousand  twenty-two--two  thousand  twenty-three
 THROUGH  THE  TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR school
 year [and thereafter], each school district shall be eligible to receive
 a grant amount equal to the sum of (A) the amount  set  forth  for  such
 school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput-
 er  file  produced  by the commissioner in support of the enacted budget
 for the prior year  excluding  amounts  subject  to  section  thirty-six
 hundred  two-ee of this part and further excluding amounts paid pursuant
 to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old
 Universal Prekindergarten Expansion added pursuant  to  paragraph  e  of
 subdivision nineteen of this section, provided that such school district
 has  met all requirements pursuant to this section and such grants shall
 be added into a four-year-old grant amount  based  on  the  amount  each
 district was eligible to receive in the base year to serve four-year-old
 prekindergarten pupils, plus (C) funds allocated pursuant to a universal
 prekindergarten expansion under subdivision twenty of this section as of
 the  school aid computer listing produced by the commissioner in support
 of the enacted budget for the current year,  provided  that  such  grant
 amounts  shall be divided into a four-year-old grant amount based on the
 amount each district was eligible to receive in the base year  to  serve
 four-year-old prekindergarten pupils, if any, and a three-year-old grant
 amount  based on the amount each district was eligible to receive in the
 base year to serve three-year-old pupils, if any, and  provided  further
 that  the maximum grant shall not exceed the total actual grant expendi-
 tures incurred by the school district in  the  current  school  year  as
 approved by the commissioner[.], AND
   (X)  FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A
 GRANT AMOUNT EQUAL TO THE GREATER OF THE AMOUNT PROVIDED UNDER  SUBPARA-
 GRAPH (IX) OF THIS PARAGRAPH OR THE PRODUCT OF (A) THE SUM OF (1) ELIGI-
 BLE  HALF-DAY  THREE-YEAR-OLD  PREKINDERGARTEN PUPILS WEIGHTED AT 0.5 AS
 DEFINED IN CLAUSE TWO OF SUBPARAGRAPH  (III)  OF  PARAGRAPH  B  OF  THIS
 SUBDIVISION,  PLUS  (2) ELIGIBLE FULL-DAY THREE-YEAR-OLD PREKINDERGARTEN
 PUPILS AS DEFINED IN CLAUSE TWO OF SUBPARAGRAPH (II) OF PARAGRAPH  B  OF
 THIS SUBDIVISION, PLUS (3) ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKINDERGAR-
 TEN  PUPILS  WEIGHTED  AT  0.5  AS DEFINED IN CLAUSE ONE OF SUBPARAGRAPH
 (III) OF PARAGRAPH B OF THIS SUBDIVISION,  PLUS  (4)  ELIGIBLE  FULL-DAY
 FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN CLAUSE ONE OF SUBPAR-
 AGRAPH  (II) OF PARAGRAPH B OF THIS SUBDIVISION, MULTIPLIED BY (B) SEVEN
 THOUSAND DOLLARS ($7,000), PROVIDED THAT, THE MAXIMUM  GRANT  SHALL  NOT
 EXCEED  THE  TOTAL  ACTUAL  GRANT  EXPENDITURES  INCURRED  BY THE SCHOOL
 DISTRICT IN THE CURRENT SCHOOL YEAR AS APPROVED BY THE COMMISSIONER.
 A. 8806--B                         16
 
   § 18-b. Subparagraph (i) of paragraph b of subdivision 10  of  section
 3602-e  of  the  education  law, as amended by section 23-c of part A of
 chapter 56 of the laws of 2021, is amended to read as follows:
   (i)  "Selected  aid per prekindergarten pupil" shall equal the greater
 of (A) the product of five-tenths and  the  school  district's  selected
 foundation  aid for the current year, or (B) THREE THOUSAND FIVE HUNDRED
 DOLLARS ($3,500), OR (C) the aid per  prekindergarten  pupil  calculated
 pursuant to this subdivision for the two thousand six-two thousand seven
 school  year,  based on data on file for the school aid computer listing
 produced by the commissioner in support of the enacted  budget  for  the
 two   thousand   six--two   thousand  seven  school  year  and  entitled
 "SA060-7"[; provided, however, that in the two thousand eight--two thou-
 sand nine school year, a city school district in a city having  a  popu-
 lation  of  one  million  inhabitants  or  more shall not be eligible to
 select aid per prekindergarten pupil pursuant  to  clause  (A)  of  this
 subparagraph];
   § 19. Intentionally omitted.
   § 20. Intentionally omitted.
   § 21. Intentionally omitted.
   § 22. Intentionally omitted.
   § 23. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  18 of part A of chapter 56 of the laws of 2023, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the [two thousand twenty-three--two thousand twenty-four]
 TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE 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  nine-
 ty-two-c  of the state finance law, less any grants provided pursuant to
 subdivision five of section ninety-seven-nnnn of the state finance  law,
 less any grants provided pursuant to subdivision twelve of section thir-
 ty-six  hundred  forty-one  of  this  article, or (ii) the apportionment
 calculated by the commissioner based on data on file  at  the  time  the
 payment  is  processed;  provided  however, that for the purposes of any
 payments made pursuant to this section prior to the first  business  day
 of  June  of  the current year, moneys apportioned shall not include any
 aids payable pursuant to subdivisions six and fourteen,  if  applicable,
 of  section  thirty-six hundred two of this part as current year aid for
 debt service on bond anticipation notes and/or bonds first issued in the
 current year or any aids  payable  for  full-day  kindergarten  for  the
 current  year pursuant to subdivision nine of section thirty-six hundred
 two of this part. The definitions of "base year" and "current  year"  as
 set  forth  in subdivision one of section thirty-six hundred two of this
 A. 8806--B                         17
 
 part shall apply to this section. [For aid payable in the  two  thousand
 twenty-three--two  thousand  twenty-four  school year, reference to such
 "school aid computer listing for the current year" shall mean the print-
 outs  entitled  "SA232-4".]  FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-
 FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, REFERENCE  TO
 SUCH  "SCHOOL  AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE
 PRINTOUTS ENTITLED "SA242-5".
   § 24. Paragraph b of subdivision 2 of section 3612  of  the  education
 law,  as  amended by section 22 of part YYY of chapter 59 of the laws of
 2019, is amended to read as follows:
   b. Such grants shall be awarded to school districts, within the limits
 of funds appropriated therefor, through a competitive process that takes
 into consideration the magnitude of any  shortage  of  teachers  in  the
 school  district, the number of teachers employed in the school district
 who hold temporary licenses to teach in the public schools of the state,
 the number of provisionally certified teachers, the fiscal capacity  and
 geographic  sparsity  of  the  district,  the number of new teachers the
 school district intends to hire in the coming school year and the number
 of summer in the city student internships proposed by an eligible school
 district, if applicable. Grants provided pursuant to this section  shall
 be used only for the purposes enumerated in this section.  Notwithstand-
 ing  any  other provision of law to the contrary, a city school district
 in a city having a population of one million or more inhabitants receiv-
 ing a grant pursuant to this section may use no more than eighty percent
 of such grant funds for any  recruitment,  retention  and  certification
 costs  associated  with transitional certification of teacher candidates
 for the school years two thousand  one--two  thousand  two  through  two
 thousand  [twenty-three]  TWENTY-EIGHT--two thousand [twenty-four] TWEN-
 TY-NINE.
   § 25. Subdivision 6 of section 4402 of the education law,  as  amended
 by  section 23 of part YYY of chapter 59 of the laws of 2019, is amended
 to read as follows:
   6. Notwithstanding any other law, rule or regulation to the  contrary,
 the  board  of  education of a city school district with a population of
 one hundred twenty-five thousand or more inhabitants shall be  permitted
 to  establish  maximum  class  sizes  for  special  classes  for certain
 students with disabilities in accordance with  the  provisions  of  this
 subdivision. For the purpose of obtaining relief from any adverse fiscal
 impact  from under-utilization of special education resources due to low
 student attendance in  special  education  classes  at  the  middle  and
 secondary level as determined by the commissioner, such boards of educa-
 tion  shall, during the school years nineteen hundred ninety-five--nine-
 ty-six through June thirtieth, two thousand  [twenty-four]  TWENTY-NINE,
 be  authorized  to  increase  class  sizes in special classes containing
 students with disabilities whose age ranges are equivalent to  those  of
 students  in middle and secondary schools as defined by the commissioner
 for purposes of this section by up to but not  to  exceed  one  and  two
 tenths  times the applicable maximum class size specified in regulations
 of the commissioner rounded up to the  nearest  whole  number,  provided
 that  in  a  city  school district having a population of one million or
 more, classes that have a maximum class size of fifteen may be increased
 by no more than one student and  provided  that  the  projected  average
 class  size  shall  not  exceed  the maximum specified in the applicable
 regulation, provided that such authorization  shall  terminate  on  June
 thirtieth, two thousand. Such authorization shall be granted upon filing
 of  a  notice by such a board of education with the commissioner stating
 A. 8806--B                         18
 
 the board's intention to increase such class sizes and  a  certification
 that  the  board  will  conduct  a  study  of attendance problems at the
 secondary level and will implement a corrective action plan to  increase
 the  rate of attendance of students in such classes to at least the rate
 for students attending regular education classes in secondary schools of
 the district.  Such  corrective  action  plan  shall  be  submitted  for
 approval  by  the commissioner by a date during the school year in which
 such board increases class sizes as provided pursuant to  this  subdivi-
 sion  to  be  prescribed  by the commissioner. Upon at least thirty days
 notice to the board of education, after conclusion of the school year in
 which such board increases class sizes  as  provided  pursuant  to  this
 subdivision,  the  commissioner  shall  be  authorized to terminate such
 authorization upon a finding that the board has  failed  to  develop  or
 implement an approved corrective action plan.
   §  26. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
 of 1995, amending the education law and other laws relating to state aid
 to school districts and the appropriation of funds for  the  support  of
 government,  as  amended  by section 38 of part YYY of chapter 59 of the
 laws of 2019, are amended to read as follows:
   (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
 fourteen,  one hundred fifteen and one hundred sixteen of this act shall
 take effect on July 1, 1995; provided, however, that section one hundred
 thirteen of this act shall remain in full force and effect until July 1,
 [2024] 2029 at which time it shall be deemed repealed;
   (24) sections one hundred eighteen through one hundred thirty of  this
 act  shall  be deemed to have been in full force and effect on and after
 July 1, 1995; provided further, however, that the amendments made pursu-
 ant to section one hundred twenty-four of this act shall be deemed to be
 repealed on and after July 1, [2024] 2029;
   § 27. 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
 20  of  part  A of chapter 56 of the laws of 2023, 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, reimbursement for the 2021--2022 school
 year shall not exceed 56.0 percent of  the  lesser  of  such  approvable
 costs  per  contact  hour or sixteen dollars and forty cents per contact
 hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
 percent of the lesser of such  approvable  costs  per  contact  hour  or
 sixteen  dollars  and  sixty cents per contact hour, [and] reimbursement
 for the 2023--2024 school year shall not  exceed  54.7  percent  of  the
 lesser  of  such  approvable costs per contact hour or seventeen dollars
 and seventy cents per contact hour, AND REIMBURSEMENT FOR THE 2024--2025
 SCHOOL YEAR SHALL NOT EXCEED 56.6 PERCENT OF THE LESSER OF SUCH APPROVA-
 BLE COSTS PER CONTACT HOUR OR EIGHTEEN DOLLARS  AND  SEVENTY  CENTS  PER
 CONTACT  HOUR,  and  where  a  contact  hour represents sixty minutes of
 instruction services provided to an eligible adult.  Notwithstanding any
 A. 8806--B                         19

 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);  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);  for
 the  2022--2023  school  year  such  contact  hours shall not exceed one
 million four hundred six thousand nine hundred  twenty-six  (1,406,926);
 [and] for the 2023--2024 school year such contact hours shall not exceed
 one  million  three hundred forty-two thousand nine hundred seventy-five
 (1,342,975); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL
 NOT EXCEED ONE MILLION TWO HUNDRED TWENTY-EIGHT THOUSAND  SEVEN  HUNDRED
 THIRTY-THREE  (1,228,733). Notwithstanding any other provision of law to
 the contrary, the apportionment calculated for the city school  district
 of  the  city  of New York pursuant to subdivision 11 of section 3602 of
 the education law shall be computed as if such contact hours provided by
 the consortium for worker education, not to exceed the contact hours set
 forth herein, were eligible for aid in accordance with the provisions of
 such subdivision 11 of section 3602 of the education law.
   § 28. 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 cc to read as follows:
   CC.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY AFTER THE
 COMPLETION OF PAYMENTS FOR THE 2024-25 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).
   §  29. 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 22 of part A of
 chapter 56 of the laws of 2023, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed June 30, [2024] 2025.
   § 29-a. Paragraph a-1 of subdivision 11 of section 3602 of the  educa-
 tion law, as amended by section 22-a of part A of chapter 56 of the laws
 of 2023, 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-three--two thousand
 twenty-four] 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  equivalency  diploma  but
 fail  to  demonstrate basic educational competencies as defined in regu-
 lation by the  commissioner,  when  measured  by  accepted  standardized
 A. 8806--B                         20
 
 tests, and who shall be eligible to attend employment preparation educa-
 tion programs operated pursuant to this subdivision.
   §  30. Paragraph (d) of subdivision 1 of section 2856 of the education
 law, as amended by section 36-c of part A of chapter 56 of the  laws  of
 2021, is amended to read as follows:
   (d)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter. Provided that for expenses  incurred  in  the  two  thousand
 twenty--two  thousand twenty-one school year, for a city school district
 in a city having a population of one million or more, the annual  appor-
 tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
 upon certification by the director of the budget of the availability  of
 a  grant  in  the  same  amount from the elementary and secondary school
 emergency relief funds provided through the American rescue plan act  of
 2021  (P.L. 117-2).   PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
 TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR,  FOR  A
 CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY  THIRTY-FIVE  MILLION
 DOLLARS  ($35,000,000)  UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET
 OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT  FROM  THE  ELEMENTARY
 AND  SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L.  117-2).
   § 31. Paragraph (c) of subdivision 1 of section 2856 of the  education
 law,  as  amended by section 36-d of part A of chapter 56 of the laws of
 2021, is amended to read as follows:
   (c) School districts shall be eligible  for  an  annual  apportionment
 equal  to  the  amount of the supplemental basic tuition for the charter
 school in the base year for the expenses incurred in  the  two  thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen, two thousand sixteen--two thousand seventeen school  years  and
 thereafter.  Provided  that  for  expenses  incurred in the two thousand
 twenty--two thousand twenty-one school year, for a city school  district
 in  a city having a population of one million or more, the annual appor-
 tionment shall be reduced by thirty-five million  dollars  ($35,000,000)
 upon  certification by the director of the budget of the availability of
 a grant in the same amount from  the  elementary  and  secondary  school
 emergency  relief funds provided through the American rescue plan act of
 2021 (P.L. 117-2).  PROVIDED FURTHER THAT FOR EXPENSES INCURRED  IN  THE
 TWO  THOUSAND  TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A
 CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
 MORE,  THE  ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION
 DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF  THE  BUDGET
 OF  THE  AVAILABILITY  OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY
 AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE  AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2).
   §  31-a. Subparagraph b of paragraph 4 of subdivision (a) and subpara-
 graph b of paragraph 11 of subdivision (b) of section 8021 of the  civil
 practice law and rules, subparagraph b of paragraph 4 of subdivision (a)
 as  amended  by section 2 and subparagraph b of paragraph 11 of subdivi-
 sion (b) as amended by section 3 of part B of chapter 83 of the laws  of
 2002, are amended to read as follows:
   b.  For  recording,  entering, indexing and endorsing a certificate on
 any instrument, an additional fee of five dollars to be paid monthly  by
 A. 8806--B                         21
 
 county  clerks to the commissioner of education, after deducting twenty-
 five cents, for deposit into the New York state local government records
 management improvement fund  and  an  additional  [fifteen]  TWENTY-FIVE
 dollars, after deducting [seventy-five cents] ONE DOLLAR, for deposit to
 the cultural education account.
   b. For recording any instrument required by statute to be recorded, an
 additional  fee  of  five dollars to be paid monthly by county clerks to
 the commissioner of education, after deducting  twenty-five  cents,  for
 deposit  into  the  New  York  state local government records management
 improvement fund and an additional [fifteen] TWENTY-FIVE dollars,  after
 deducting  [seventy-five  cents] ONE DOLLAR, for deposit to the cultural
 education account.
   § 31-b. Subdivision a of section 7-604 of the administrative  code  of
 the city of New York, as amended by section 4 of part B of chapter 83 of
 the laws of 2002, is amended to read as follows:
   a.  The  register shall be paid a salary to be fixed by the mayor. All
 fees shall be the property of the city. All sums so  received  shall  be
 paid  to  the  commissioner  of finance monthly without deduction.   The
 FOLLOWING additional [fee of twenty  dollars]  FEES  for  recording  any
 instrument required by New York state statute to be recorded pursuant to
 subdivision one of section 7-614 of this code shall be [used as follows]
 COLLECTED:  five  dollars paid monthly by the commissioner of finance to
 the New York state commissioner of education,  after  deducting  twenty-
 five cents, for deposit into the New York state local government records
 management  improvement  fund  and  [fifteen] TWENTY-FIVE dollars, after
 deducting [seventy-five cents] ONE DOLLAR, for deposit to  the  cultural
 education account.
   §  32. Subdivision 3 of section 27 of part A of chapter 56 of the laws
 of 2023 directing the education department to  conduct  a  comprehensive
 study  of  alternative  tuition  rate-setting methodologies for approved
 providers operating school-age and preschool  programs  receiving  state
 funding, is amended to read as follows:
   3.  The  state  education department shall present its recommendations
 and analysis to the governor, the director of the division of the  budg-
 et,  the temporary president of the senate, the speaker of the assembly,
 the chairperson of the senate finance committee, and the chairperson  of
 the assembly ways and means committee no later than July 1, [2025] 2027.
 Adoption  of any alternative rate-setting methodologies shall be subject
 to the approval of the director of the division of the budget.
   § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating to certain provisions related to the 1994-95 state  operations,
 aid to localities, capital projects and debt service budgets, as amended
 by section 23 of part A of chapter 56 of the laws of 2022, 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,
 A. 8806--B                         22
 
 twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
 deemed repealed on March 31, [2024] 2029.
   §  34.  Section 26 of subpart F of part C of chapter 97 of the laws of
 2011 amending the education law relating to census reporting, as amended
 by section 46 of part YYY of chapter 59 of the laws of 2019, is  amended
 to read as follows:
   §  26.  This act shall take effect immediately provided, however, that
 the provisions of section three of this act shall expire June 30, [2024]
 2029 when upon such date the provisions of such section shall be  deemed
 repealed; provided, further that the provisions of sections eight, elev-
 en,  twelve,  thirteen  and twenty of this act shall expire July 1, 2014
 when upon such date the provisions of  such  sections  shall  be  deemed
 repealed.
   §  35.  Special  apportionment for salary expenses. 1. 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 2025 and not later than the last  day  of  the  third  full
 business week of June 2025, 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, 2025, for salary expenses incurred between April 1 and
 June 30, 2024 and such apportionment shall not exceed the sum of (a) 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 (b)
 186 percent of such amount for a city school district in a city  with  a
 population  in  excess of 1,000,000 inhabitants, plus (c) 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  (d)  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 (e) 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.
   2. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  one 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.
 A. 8806--B                         23
 
   3. 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  one  and  two of this section shall first be deducted from
 the following payments due the school district during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 36. Special apportionment for public pension accruals. 1.   Notwith-
 standing any other provision of law, upon application to the commission-
 er  of education, not later than June 30, 2025, 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, 2025 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.
   2. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  one 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.
   3. 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  one  and  two of this section shall first be deducted from
 the following payments due the school district during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 A. 8806--B                         24
 
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 37. 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:
   1. for the development, maintenance or expansion of magnet schools  or
 magnet  school  programs  for  the  2024--2025 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).
   2. 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:  (a)  any  instructional  or
 instructional  support  costs  associated with the operation of a magnet
 school; or (b) 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.
   3. 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
 A. 8806--B                         25
 
 improvement  and  dropout prevention for the 2024--2025 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
 2024--2025 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.
   4.  For the purpose of teacher support for the 2024--2025 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.
   §  38.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2024  enacting
 the  aid  to  localities  budget shall be apportioned for the 2024--2025
 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 such 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 2024--2025
 by a chapter of the laws of 2024 enacting the aid to  localities  budget
 shall  fulfill  the state's obligation to provide such aid and, pursuant
 to a plan developed by the commissioner of education and approved by the
 director of the budget, the aid payable to libraries and library systems
 pursuant to such appropriations  shall  be  reduced  proportionately  to
 assure  that  the  total amount of aid payable does not exceed the total
 appropriations for such purpose.
 A. 8806--B                         26
 
   § 38-a. Subdivision 3 of section 711 of the education law, as  amended
 by  section 7 of part B of chapter 57 of the laws of 2007, is amended to
 read as follows:
   3.  No  school  district  shall  be  required to purchase or otherwise
 acquire school library materials, the cost  of  which  shall  exceed  an
 amount  equal  to  the library materials factor multiplied by the sum of
 the public school district enrollment and the nonpublic  school  enroll-
 ment in the base year as defined in subparagraphs two and three of para-
 graph  n  of  subdivision  one of section thirty-six hundred two of this
 chapter. For aid payable in the nineteen hundred  ninety-eight--nineteen
 hundred  ninety-nine  school year, the library materials factor shall be
 four dollars. For aid payable in the two  thousand  seven--two  thousand
 eight  THROUGH  THE  TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR
 school year [and thereafter], the library materials factor shall be  six
 dollars  and  twenty-five  cents.    FOR AID PAYABLE IN THE TWO THOUSAND
 TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR  AND  THEREAFTER,  THE
 LIBRARY MATERIALS FACTOR SHALL BE ELEVEN DOLLARS.
   § 39. Severability. The provisions of this act shall be severable, and
 if  the  application  of  any  clause, sentence, paragraph, subdivision,
 section or part of this act to  any  person  or  circumstance  shall  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision, section, part
 of this act or remainder thereof, as the  case  may  be,  to  any  other
 person  or  circumstance,  but shall be confined in its operation to the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 40. This act shall take effect immediately, and shall be  deemed  to
 have been in full force and effect on and after April 1, 2024, provided,
 however, that:
   1.  sections  one,  five,  eight, eight-b, eleven-a, twelve, thirteen,
 fourteen, fifteen, sixteen, seventeen,  seventeen-a,  eighteen,  twenty-
 three, twenty-four, twenty-five, twenty-nine, twenty-nine-a, thirty-sev-
 en and thirty-eight-a of this act shall take effect July 1, 2024;
   2. section eight-a of this act shall apply to the calculation of BOCES
 aid  and  aid  for career education payable in the 2024-2025 school year
 and thereafter;
   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-seven and
 twenty-eight of this act shall not affect the repeal of such chapter and
 shall be deemed repealed therewith; and
   4. the amendments to paragraph (d) of subdivision 1 of section 2856 of
 the education law made by section thirty of this act shall be subject to
 the expiration and reversion of such subdivision pursuant to subdivision
 d of section 27 of chapter 378 of the laws of  2007,  as  amended,  when
 upon  such  date  the provisions of section thirty-one of this act shall
 take effect.
 
                                  PART B
 
   Section 1. The education law is amended by adding a new section 818 to
 read as follows:
   § 818. INSTRUCTION IN READING. 1. ON  OR  BEFORE  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-FIVE,  THE  COMMISSIONER SHALL PROVIDE SCHOOL DISTRICTS
 A. 8806--B                         27
 
 WITH THE INSTRUCTIONAL BEST PRACTICES FOR THE  TEACHING  OF  READING  TO
 STUDENTS  IN  PREKINDERGARTEN  THROUGH GRADE THREE.   INSTRUCTIONAL BEST
 PRACTICES FOR THE TEACHING OF READING SHALL BE EVIDENCE-BASED AND SCIEN-
 TIFICALLY BASED, FOCUSING ON READING COMPETENCY IN THE AREAS OF PHONEMIC
 AWARENESS,  PHONICS, VOCABULARY DEVELOPMENT, READING FLUENCY, COMPREHEN-
 SION, INCLUDING BACKGROUND KNOWLEDGE, ORAL LANGUAGE  AND  WRITING,  ORAL
 SKILL  DEVELOPMENT,  AND  ALIGN WITH THE DEPARTMENT'S CULTURALLY RESPON-
 SIVE-SUSTAINING FRAMEWORK. SUCH INSTRUCTIONAL BEST  PRACTICES  SHALL  BE
 PERIODICALLY UPDATED BY THE COMMISSIONER WHERE APPROPRIATE.
   2.    BEGINNING SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE AND ANNUALLY
 THEREAFTER, EVERY SCHOOL DISTRICT  SHALL  REVIEW  THEIR  CURRICULUM  AND
 INSTRUCTIONAL  PRACTICES IN THE SUBJECT OF READING FOR STUDENTS IN PREK-
 INDERGARTEN THROUGH GRADE THREE TO ENSURE THAT THEY ALIGN WITH THE READ-
 ING INSTRUCTIONAL BEST PRACTICES PROVIDED BY THE  COMMISSIONER  AND  ARE
 PART  OF  A  COMPREHENSIVE  PLAN  TO IMPROVE STUDENT READING OUTCOMES IN
 PREKINDERGARTEN THROUGH GRADE THREE.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Article 14 of the education law is amended by adding a  new
 part VI to read as follows:
                                   PART VI
                      STUDENT FINANCIAL AID RESOURCES
 
 SECTION 694-C. FINANCIAL AID RESOURCES.
         694-D. REPORTING.
   §  694-C. FINANCIAL AID RESOURCES. 1. THE CORPORATION SHALL ENTER INTO
 A CONTRACT WITH  A  NOT-FOR-PROFIT  ORGANIZATION  FOR  THE  CREATION  OF
 UNIFORM RESOURCES ON POST-SECONDARY FINANCIAL AID PROGRAMS, INCLUDING:
   (A)  A  PRESENTATION, INCLUDING TRAINING, ON THE FEDERAL FREE APPLICA-
 TION FOR FEDERAL STUDENT AID AND APPLICATION FOR AID AVAILABLE TO  INDI-
 VIDUALS  MEETING THE REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH A OF
 SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS ARTICLE; AND
   (B)  A  NOTICE  DESCRIBING  STATE-SPONSORED  FINANCIAL  AID  PROGRAMS,
 INCLUDING  FINANCIAL  AID,  SCHOLARSHIPS,  AND  ASSISTANCE  AVAILABLE TO
 STUDENTS ATTENDING COLLEGE OR POST-SECONDARY  EDUCATION,  INCLUDING  THE
 FEDERAL  FREE  APPLICATION FOR FEDERAL STUDENT AID AND  AWARDS AVAILABLE
 TO STUDENTS MEETING THE REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH A
 OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE  OF  THIS  ARTICLE.
 THE  NOTICE  SHALL  ALSO INCLUDE APPLICATION DEADLINES FOR SUCH SCHOLAR-
 SHIPS AND ASSISTANCE, AND INFORMATION  ON  GENERAL  COLLEGE  APPLICATION
 DEADLINES.
   2.  THE  CORPORATION,  IN  CONSULTATION  WITH  THE  DEPARTMENT,  SHALL
 DISTRIBUTE THE RESOURCES CREATED PURSUANT TO  SUBDIVISION  ONE  OF  THIS
 SECTION TO EVERY HIGH SCHOOL THROUGHOUT THE STATE. THE CORPORATION SHALL
 ALSO  MAINTAIN A DEDICATED WEBPAGE ON ITS WEBSITE THAT PROVIDES INFORMA-
 TION ON COLLEGES, COMMUNITY-BASED ORGANIZATIONS, AND OTHER  INSTITUTIONS
 THAT OFFER ASSISTANCE RELATED TO THE FEDERAL FREE APPLICATION FOR FEDER-
 AL  STUDENT AID AND APPLICATION FOR AID AVAILABLE TO INDIVIDUALS MEETING
 THE REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH  A  OF    SUBDIVISION
 FIVE  OF SECTION SIX HUNDRED SIXTY-ONE OF THIS ARTICLE.
   3.  EACH  HIGH  SCHOOL IN THIS STATE SHALL, BY THE FIRST OF OCTOBER OF
 EACH SCHOOL YEAR:
   (A)  CONDUCT  ORAL  PRESENTATIONS  ON  POST-SECONDARY  FINANCIAL   AID
 PROGRAMS, USING THE RESOURCES CREATED UNDER PARAGRAPH (A) OF SUBDIVISION
 A. 8806--B                         28
 
 ONE  OF  THIS SECTION, TO HIGH SCHOOL JUNIORS AND SENIORS AT LEAST ONCE;
 AND
   (B)  DISTRIBUTE  THE NOTICE CREATED UNDER PARAGRAPH (B) OF SUBDIVISION
 ONE OF THIS SECTION TO HIGH SCHOOL JUNIORS AND SENIORS.
   § 694-D. REPORTING.   ON OR BEFORE THE FIRST  DAY  OF  SEPTEMBER,  THE
 CORPORATION  SHALL  ANNUALLY SUBMIT A REPORT TO THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF  THE  ASSEMBLY,  AND  THE
 CHAIRS  OF  THE  SENATE  AND ASSEMBLY COMMITTEES ON EDUCATION AND HIGHER
 EDUCATION, WHICH SHALL INCLUDE:
   1. THE TOTAL NUMBER OF FREE APPLICATION FOR FEDERAL STUDENT AID APPLI-
 CATIONS FILED IN THE PRIOR ACADEMIC YEAR, AND HOW SUCH  NUMBER  COMPARES
 TO THE NUMBER OF APPLICATIONS FILED IN THE PREVIOUS FIVE YEARS; AND
   2.  THE  TOTAL NUMBER OF APPLICATIONS FOR AID AVAILABLE TO INDIVIDUALS
 MEETING THE REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH A OF SUBDIVI-
 SION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS ARTICLE FILED IN  THE
 PRIOR  ACADEMIC  YEAR,  AND  HOW  SUCH  NUMBER COMPARES TO THE NUMBER OF
 APPLICATIONS FILED IN THE PREVIOUS FIVE YEARS.
   § 2. This act shall take effect on the first of July  one  year  after
 the date on which it shall have become a law. Effective immediately, the
 commissioner of education and president of the higher education services
 corporation  shall  commence any regulatory action needed for the imple-
 mentation of this act.
 
                                  PART D
 
                           Intentionally Omitted
 
                                  PART E
 
                           Intentionally Omitted
 
                                  PART F
 
   Section 1. Section 16 of chapter 260 of the laws of 2011 amending  the
 education  law  and the New York state urban development corporation act
 relating to establishing components of the NY-SUNY 2020 challenge  grant
 program, as amended by section 4 of part DD of chapter 56 of the laws of
 2021, is amended to read as follows:
   §  16. This act shall take effect July 1, 2011; provided that sections
 one, two, three, four, five, six, eight, nine, ten, eleven,  twelve  and
 thirteen  of  this  act  shall expire [13] 16 years after such effective
 date when upon such date the provisions of  this  act  shall  be  deemed
 repealed;  and  provided  further  that sections fourteen and fifteen of
 this act shall expire 5 years after such effective date when  upon  such
 date the provisions of this act shall be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
                           Intentionally Omitted
 
                                  PART H
 A. 8806--B                         29
 
   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  Z  of  chapter  56  of  the  laws  of 2023, are amended to read as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$175.00] $181.00 for each month beginning on or after
 January first, two thousand [twenty-three] TWENTY-FOUR.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$202.00] $208.00 for each month beginning on
 or after January first, two thousand [twenty-three] TWENTY-FOUR.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$241.00] $249.00 for each month
 beginning on or after January first, two thousand  [twenty-three]  TWEN-
 TY-FOUR.
   (d)  for  the  period  commencing January first, two thousand [twenty-
 four] TWENTY-FIVE, 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-four]  TWENTY-FIVE,  but  prior to June thirtieth, two
 thousand [twenty-four] TWENTY-FIVE, 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
 Z of chapter 56 of the laws of 2023, are amended to read as follows:
   (a) On and after January first, two  thousand  [twenty-three]  TWENTY-
 FOUR,  for  an  eligible individual living alone, [$1,001.00] $1,030.00;
 and for an eligible couple living alone, [$1,475.00] $1,519.00.
   (b) On and after January first, two  thousand  [twenty-three]  TWENTY-
 FOUR,  for  an  eligible  individual  living with others with or without
 in-kind income, [$937.00] $966.00; and for  an  eligible  couple  living
 with others with or without in-kind income, [$1,417.00] $1,461.00.
   (c)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, (i) for an eligible individual receiving family care,  [$1,180.48]
 $1,209.48 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,
 [$1,142.48]  $1,171.48;  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-three]  TWENTY-
 FOUR,  (i)  for  an  eligible  individual  receiving  residential  care,
 [$1,349.00] $1,378.00 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, [$1,319.00] $1,348.00; and (iv)  for  an  eligible  couple
 A. 8806--B                         30
 
 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-three] TWENTY-
 FOUR, (i) for an  eligible  individual  receiving  enhanced  residential
 care,  [$1,608.00]  $1,637.00; 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-four] TWENTY-
 FIVE  but  prior  to  June   thirtieth,   two   thousand   [twenty-four]
 TWENTY-FIVE.
   § 3. This act shall take effect December 31, 2024.
 
                                  PART I
 
                           Intentionally Omitted
 
                                  PART J
 
                           Intentionally Omitted
 
                                  PART K
 
                           Intentionally Omitted
 
                                  PART L
 
                           Intentionally Omitted
 
                                  PART M
 
                           Intentionally Omitted
 
                                  PART N
 
   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 $17,633,000 for the fiscal
 year ending March 31, 2025.  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
 $17,633,000,  such  transfer  to be made from (i) the special account of
 A. 8806--B                         31
 
 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 2023-2024 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, 2024.
   § 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 $7,557,000 for the fiscal year ending March
 31, 2025.  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 $7,557,000, 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 2023-2024 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, 2024.
   §  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 $23,180,000 for the fiscal  year  ending  March
 31,  2025.    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
 $23,180,000,  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  2023-2024  in accordance with section 2429-b of the public
 authorities law, if any, and/or (ii) provided that the reserves  in  the
 A. 8806--B                         32
 
 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, 2024.
   § 4. Notwithstanding any other provision of law, the homeless  housing
 and  assistance  corporation  may  provide, for purposes of the New York
 state supportive housing program,  the  solutions  to  end  homelessness
 program or the operational support for AIDS housing program, or to qual-
 ified  grantees under such programs, in accordance with the requirements
 of such programs, a sum not to exceed $53,581,000 for  the  fiscal  year
 ending  March  31, 2025. The homeless housing and assistance corporation
 may enter into an agreement with the office of temporary and  disability
 assistance to administer such sum in accordance with the requirements of
 such  programs.  Notwithstanding any other provision of law, and subject
 to the approval of the New York state director of the budget, the  board
 of  directors  of  the state of New York mortgage agency shall authorize
 the transfer to the homeless housing and assistance corporation, a total
 sum not to exceed $53,581,000, 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 2023-2024 in accordance with section 2429-b
 of the public authorities law, if any, and/or  (ii)  provided  that  the
 reserves in the project pool insurance account of the mortgage insurance
 fund  created  pursuant  to section 2429-b of the public authorities law
 are sufficient to attain and maintain the credit rating as determined by
 the state of New  York  mortgage  agency,  required  to  accomplish  the
 purposes  of  such  account,  the  project pool insurance account of the
 mortgage insurance fund, such transfer shall be made as soon as  practi-
 cable but no later than March 31, 2025.
   § 5. This act shall take effect immediately.
 
                                  PART O
 
                           Intentionally Omitted
 
                                  PART P
 
                           Intentionally Omitted
 
                                  PART Q
 
                           Intentionally Omitted
 
                                  PART R

                           Intentionally Omitted
 A. 8806--B                         33
 
                                  PART S
 
                           Intentionally Omitted
 
                                  PART T
 
                           Intentionally Omitted
 
                                  PART U
 
                           Intentionally Omitted
 
                                  PART V
 
   Section  1. The state university of New York trustees and city univer-
 sity of New York trustees shall jointly develop  recommendations  for  a
 new  formula  for  financing  the operating costs of community colleges.
 Such recommendations shall provide for consistent and predictable  fund-
 ing  for  community  colleges, consider enrollment in specific programs,
 and include mechanisms to encourage  and  reward  growth.  The  trustees
 shall jointly submit such recommendations to the governor, the temporary
 president  of  the  senate, and the speaker of the assembly on or before
 December 31, 2024.
   § 2. This act shall take effect immediately.
 
                                  PART W
 
   Section 1. Paragraph a of subdivision 1 of section 667-c of the educa-
 tion law, as amended by section 1 of part E of chapter 56 of the laws of
 2022, is amended to read as follows:
   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] A DEGREE GRANTING INSTITUTION OF HIGHER  EDUCATION  incorpo-
 rated by the regents or by the legislature who meet all requirements for
 tuition  assistance  program  awards  except for the students' part-time
 attendance; or
   § 2. This act shall take effect July 1, 2024.
 
                                  PART X
 
   Section 1. Subparagraphs (ii), (iii),  and  (vi)  of  paragraph  a  of
 subdivision  3  of  section 667 of the education law, subparagraphs (ii)
 and (vi) as amended by section 1 of part B of chapter 60 of the laws  of
 2000, subparagraph (iii) as amended by section 3 of part H of chapter 58
 of  the  laws  of  2011, are amended and a new (vii) is added 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. 8806--B                         34
 
 (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           plus twelve per centum of
     [eighty] ONE HUNDRED TWENTY-FIVE  excess over eighteen
     thousand dollars                  thousand dollars
   (iii)  (A)  For  students  who have been granted exclusion of parental
 income and were single with no dependent for income tax purposes  during
 the  tax  year next preceding the academic year for which application is
 made, the base amount, as determined in subparagraph (i) of  this  para-
 graph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (1) Less than three thousand        None
     dollars
 (2) Three thousand dollars or       Thirty-one per centum of
     more, but not more than         amount in excess of three
     [ten] THIRTY thousand           thousand dollars
     dollars
 
 (B)  For  those  students  who  have  been granted exclusion of parental
 income who have a spouse but no other dependent, for income tax purposes
 during the tax year next preceding the academic year for which  applica-
 tion is made, the base amount, as determined in subparagraph (i) of this
 paragraph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (1) Less than seven thousand        None
     dollars
 (2) Seven thousand dollars or       Seven per centum of excess
     more, but less than eleven      over seven thousand dollars
     thousand dollars
 (3) 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
 (4) Eighteen thousand dollars       Nine hundred eighty dollars
     or more, but not more than      plus twelve per centum of
     [forty] SIXTY thousand          excess over eighteen
     dollars                         thousand dollars
 
   (vi) For the two thousand two--two thousand three THROUGH TWO THOUSAND
 TWENTY-THREE--TWENTY-FOUR  academic  [year  and  thereafter]  YEARS, the
 award shall be the net amount of the base amount determined 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 dollars.
 A. 8806--B                         35
 
   (VII)  FOR  THE  TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND TWENTY-FIVE
 ACADEMIC YEAR AND THEREAFTER, THE AWARD SHALL  BE  THE  NET  AMOUNT   OF
 THE    BASE AMOUNT DETERMINED  PURSUANT  TO  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH REDUCED PURSUANT TO SUBPARAGRAPH (II) OR (III) OF  THIS  PARA-
 GRAPH BUT THE AWARD SHALL NOT BE REDUCED BELOW ONE THOUSAND DOLLARS.
   § 2. This act shall take effect July 1, 2024.
 
                                  PART Y
 
   Section  1.  Section  131-a  of  the social services law is amended by
 adding a new subdivision 3-e to read as follows:
   3-E. COMMENCING OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR,  FOR  PERSONS
 AND  FAMILIES DETERMINED TO BE ELIGIBLE BY THE APPLICATION OF THE STAND-
 ARD OF NEED PRESCRIBED BY THE PROVISIONS  OF  SUBDIVISION  TWO  OF  THIS
 SECTION,  THE AMOUNTS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION THREE OF
 THIS SECTION, AFTER APPLICATION OF SUBDIVISION THREE-C  AND  SUBDIVISION
 THREE-D  OF THIS SECTION, SHALL BE INCREASED BY THE FOLLOWING AMOUNTS AS
 A MONTHLY SUPPLEMENTAL BASIC GRANT:
 
                      NUMBER OF PERSONS IN HOUSEHOLD
           ONE       TWO       THREE     FOUR      FIVE      SIX
           $106      $168      $225      $290      $358     $413
 
   For each additional needy person in  the  household,  there  shall  be
 added an additional amount of fifty-five dollars monthly.
   § 2. This act shall take effect April 1, 2024.
 
                                  PART Z
 
   Section  1.  Section  410-x  of  the social services law is amended by
 adding a new subdivision 10 to read as follows:
   10. A SOCIAL SERVICES DISTRICT SHALL  PROVIDE  CHILD  CARE  ASSISTANCE
 FUNDED  UNDER  THE  BLOCK GRANT FOR ADDITIONAL OR DIFFERENT HOURS THAN A
 PARENT OR CARETAKER SPENDS IN WORK, TRAINING, EDUCATIONAL ACTIVITIES  OR
 OTHER REASONS FOR CARE DESIGNATED BY THE SOCIAL SERVICES DISTRICT IN ITS
 CONSOLIDATED  SERVICES PLAN IN ACCORDANCE WITH PARAGRAPH (E) OF SUBDIVI-
 SION ONE OF SECTION FOUR HUNDRED TEN-W OF THIS TITLE, INCLUDING, BUT NOT
 LIMITED TO, PAYING FOR FULL-TIME CHILD CARE ASSISTANCE REGARDLESS OF THE
 HOURS OF THE ACTIVITY OF THE PARENT'S OR CARETAKER'S REASON FOR CARE.
   § 2. Section 410-w of the social services law is amended by  adding  a
 new subdivision 1-a to read as follows:
   1-A.  FOR  ALL FAMILIES ELIGIBLE FOR CHILD CARE ASSISTANCE PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, A SOCIAL SERVICES  DISTRICT  SHALL  NOT
 LIMIT  AUTHORIZED CHILD CARE SERVICES STRICTLY BASED ON THE HOURS DURING
 WHICH THE PARENT OR CARETAKER IS ENGAGED IN  WORK,  EDUCATION  OR  OTHER
 ACTIVITY  OR  THE  NUMBER OF HOURS THE PARENT OR CARETAKER IS ENGAGED IN
 ANY SUCH REASONS FOR CARE.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART AA
 
   Section  1. The private housing finance law is amended by adding a new
 article 32 to read as follows:
                                 ARTICLE 32
                  FOUNDATIONS FOR FUTURES HOUSING PROGRAM
 A. 8806--B                         36
 
 SECTION 1290. FOUNDATIONS FOR FUTURES HOUSING PROGRAM.
   § 1290. FOUNDATIONS FOR FUTURES HOUSING PROGRAM. 1. PROGRAM ESTABLISH-
 MENT.  WITHIN  AMOUNTS APPROPRIATED OR OTHERWISE AVAILABLE THEREFOR, THE
 DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL DEVELOP AND ADMINISTER A
 PROGRAM WHICH SHALL PROVIDE ASSISTANCE IN THE FORM OF  PAYMENTS,  GRANTS
 AND  LOANS  FOR  THE  FORMATION  OF  LIMITED  EQUITY COOPERATIVE HOUSING
 UTILIZING FUNDING APPROPRIATED FOR SUCH A PURPOSE AS WELL AS  ANY  OTHER
 FUNDING  SOURCE OR SOURCES WHICH THE COMMISSIONER MAY DETERMINE IS SUIT-
 ABLE TO SUPPORT SUCH A PROGRAM. SUCH PROGRAM  MAY  UTILIZE  STATE  OWNED
 SITES,  MUNICIPALLY  OWNED  SITES,  OR  SITES  OWNED BY A NOT-FOR-PROFIT
 CORPORATION OR COMMUNITY LAND  TRUST  EXCLUSIVELY  FOR  THE  PURPOSE  OF
 PROVIDING  HOUSING  PURSUANT  TO  THIS  SECTION.  REAL  PROPERTY  MAY BE
 ACQUIRED FOR THE PURPOSE OF  SUCH  PROGRAM  AS  AUTHORIZED  PURSUANT  TO
 SECTION  FIVE  HUNDRED SEVENTY-SIX-A OF THIS CHAPTER. SUCH PROGRAM SHALL
 PROVIDE (A) HOUSING FOR HOUSEHOLDS UP TO ONE HUNDRED AND THIRTY  PERCENT
 OF  AREA MEDIAN INCOME, (B) A PROCESS IN WHICH HOUSEHOLDS SHALL HAVE THE
 ABILITY TO ACCRUE EQUITY OVER TIME, AND (C) THAT HOUSING  UNITS  CREATED
 PURSUANT  TO  THIS  SECTION REMAIN AFFORDABLE IN PERPETUITY. THE COMMIS-
 SIONER SHALL ALSO ASSIST  PROSPECTIVE  HOMEBUYERS  TO  IDENTIFY  FUNDING
 SOURCES  THAT  PROVIDE  LOW  INTEREST  LOANS  TO  DEVELOP PROPERTIES AND
 PROVIDE LOANS TO PROSPECTIVE HOMEBUYERS.
   2. ADDITIONAL RESPONSIBILITIES. THE DIVISION OF HOUSING AND  COMMUNITY
 RENEWAL  SHALL HAVE THE POWER AND DUTY TO ISSUE REGULATIONS TO IMPLEMENT
 SUCH PROGRAM AND THE PROCESS FOR:
   (A) HOMEBUYERS OBTAINING A NEW UNIT WHICH SHALL INCLUDE BOTH  CONFIRM-
 ING INCOME QUALIFICATIONS AS WELL AS A RESTRICTION ON THE MAXIMUM AMOUNT
 OF ASSETS ANY QUALIFIED HOMEBUYER MAY HAVE;
   (B) SELLING SHARES IN THE COOPERATIVE IN SUCH A WAY AS THE AFFORDABIL-
 ITY  OF  THE COOPERATIVE IS MAINTAINED WHILE ALLOWING HOUSEHOLDS TO GAIN
 EQUITY OVER TIME;
   (C) PROHIBITING THE USE OF A FIXED PERCENTAGE APPRECIATION CAP FOR THE
 PURPOSES OF DETERMINING AN ALLOWABLE SALES PRICE FOR SHARES IN THE COOP-
 ERATIVE;
   (D) SELECTING NEW HOUSEHOLDS ELIGIBLE TO PURCHASE HOUSING  WHICH  HAVE
 BEEN VACATED BY A PREVIOUS OWNER; AND
   (E)  THE CREATION OF BOARDS OF DIRECTORS FOR SUCH LIMITED PROFIT HOUS-
 ING COMPANIES ESTABLISHED BY THIS CHAPTER, PROVIDED  HOWEVER  THAT  SUCH
 BOARDS SHALL HAVE THE POWERS AND BE SUBJECT TO THE LIMITATIONS CONTAINED
 IN THE NOT-FOR-PROFIT CORPORATION LAW.
   3.  SUPERVISION.  ALL SUCH HOUSING PROJECTS SHALL BE MANAGED INDEPEND-
 ENTLY OF THE RESIDENTS OF THE PROJECT BY A CORPORATION OR NOT-FOR-PROFIT
 CORPORATION DETERMINED QUALIFIED BY THE DIVISION OF HOUSING AND COMMUNI-
 TY RENEWAL. ANY REGULATORY AGREEMENT THAT IS EXECUTED FOR  SUCH  PROGRAM
 SHALL INCLUDE A REQUIREMENT THAT RESIDENT MAINTENANCE FEES INCREASE BY A
 MINIMUM  PERCENTAGE ANNUALLY TO ENSURE THAT SUCH HOUSING CONTINUES TO BE
 IN GOOD REPAIR.
   4. TAX EXEMPTIONS. HOUSING FOR SUCH PROGRAM SHALL BE ELIGIBLE FOR  TAX
 EXEMPTIONS  IN  THE SAME MANNER AS PROJECTS UNDER ARTICLE ELEVEN OF THIS
 CHAPTER.
   § 2. This act shall take effect immediately.
 
                                  PART BB
 
   Section 1. The public housing law is amended by adding a  new  section
 20-a to read as follows:
 A. 8806--B                         37
 
   §  20-A.  HOMEOWNERSHIP OPPORTUNITY CONNECTION PROGRAM. 1. THE COMMIS-
 SIONER SHALL ESTABLISH A PROGRAM TO  CONNECT  RESIDENTS  OF  COMMUNITIES
 WITH BELOW AVERAGE HOMEOWNERSHIP RATES AND NOT-FOR-PROFIT HOUSING ORGAN-
 IZATIONS  WITH HOMEOWNERSHIP AND DEVELOPMENT OPPORTUNITIES. SUCH PROGRAM
 SHALL  BE  REFERRED  TO  AS  THE  "HOMEOWNERSHIP OPPORTUNITY CONNECTION"
 PROGRAM. SUCH PROGRAM SHALL UTILIZE ALL CURRENTLY EXISTING HOMEOWNERSHIP
 ASSISTANCE PROGRAMS AND FUNDING PROVIDED WITHIN THE  STATE'S  MULTI-YEAR
 HOUSING  PROGRAM.  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AND THE
 STATE OF NEW YORK MORTGAGE AGENCY SHALL WORK WITH ANY OTHER STATE  AGEN-
 CIES  THAT  PROVIDE SUCH SERVICES TO THE TARGETED POPULATIONS TO PROMOTE
 THE AVAILABILITY OF SUCH PROGRAMS AND TO  IDENTIFY  ADDITIONAL  NOT-FOR-
 PROFIT  ORGANIZATIONS TO EXPAND THE AREAS WHERE SUCH PROGRAMS ARE AVAIL-
 ABLE.
   (A) FOR POTENTIAL HOMEBUYERS, THE STATE OF NEW  YORK  MORTGAGE  AGENCY
 SHALL  TAKE  SUCH ACTIONS INCLUDING, BUT NOT LIMITED TO, MAKING PUBLICLY
 AVAILABLE ON ITS WEBSITE A SINGULAR AND CONCISE LIST CONTAINING:
   (I) ALL AVAILABLE STATE AND FEDERAL PROGRAMS TO ASSIST WITH PURCHASING
 A HOME;
   (II) ORGANIZATIONS WHO PROVIDE HOMEOWNERSHIP COUNSELING WHICH SHALL BE
 UPDATED ANNUALLY; AND
   (III) ALL PARTICIPATING LENDERS.
   (B) FOR EXISTING HOMEOWNERS, THE DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL  SHALL  TAKE  SUCH ACTIONS INCLUDING, BUT NOT LIMITED TO, MAKING
 PUBLICLY AVAILABLE ON ITS WEBSITE A SINGULAR CONCISE LIST CONTAINING:
   (I) EVERY PROGRAM AVAILABLE TO ASSIST HOMEOWNERS WITH MAKING  REPAIRS;
 AND
   (II) CONTACT AND APPLICATION INFORMATION FOR SUCH PROGRAMS WHICH SHALL
 BE UPDATED ANNUALLY.
   (C)  FOR  EXISTING  OWNERS OF MULTI-FAMILY PROPERTIES, THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL SHALL TAKE SUCH ACTIONS INCLUDING, BUT NOT
 LIMITED TO, MAKING PUBLICLY AVAILABLE ON  ITS  WEBSITE  A  SINGULAR  AND
 CONCISE LIST CONTAINING:
   (I) EVERY PROGRAM AVAILABLE TO ASSIST OWNERS WITH MAKING REPAIRS; AND
   (II) CONTACT AND APPLICATION INFORMATION FOR SUCH PROGRAMS WHICH SHALL
 BE UPDATED ANNUALLY.
   (D)  FOR POTENTIAL DEVELOPERS OF MULTI-FAMILY PROPERTIES, THE DIVISION
 OF HOUSING AND COMMUNITY RENEWAL SHALL TAKE SUCH ACTIONS INCLUDING,  BUT
 NOT  LIMITED TO, MAKING PUBLICLY AVAILABLE ON ITS WEBSITE A SINGULAR AND
 CONCISE LIST CONTAINING:
   (I) EVERY PROGRAM WHERE FUNDING IS CURRENTLY AVAILABLE TO ASSIST  WITH
 DEVELOPMENT,  INCLUDING  THE  TERM  SHEETS  AND  HOW  TO  APPLY  TO SUCH
 PROGRAMS, WHICH SHALL BE UPDATED WHEN THE AVAILABILITY OF FUNDING CHANG-
 ES; AND
   (II) CONTACT AND APPLICATION INFORMATION FOR SUCH PROGRAMS WHICH SHALL
 BE UPDATED ANNUALLY.
   (E) THE DIVISION OF HOUSING AND  COMMUNITY  RENEWAL,  IN  CONSULTATION
 WITH  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, SHALL TAKE SUCH
 ACTIONS INCLUDING, BUT NOT LIMITED TO, MAKING PUBLICLY AVAILABLE ON  ITS
 WEBSITE A SINGULAR AND CONCISE LIST CONTAINING:
   (I) EVERY PROGRAM AVAILABLE TO ASSIST INDIVIDUALS CURRENTLY EXPERIENC-
 ING  HOMELESSNESS  OR INDIVIDUALS AT RISK OF HOMELESSNESS, INCLUDING BUT
 NOT LIMITED TO, THE NEW YORK STATE RENTAL SUBSIDY PROGRAM, AND ANY OTHER
 RENTAL SUPPLEMENT PROGRAM AS  AUTHORIZED  BY  A  LOCAL  SOCIAL  SERVICES
 DISTRICT; AND
   (II) CONTACT AND APPLICATION INFORMATION FOR SUCH PROGRAMS WHICH SHALL
 BE UPDATED ANNUALLY.
 A. 8806--B                         38
 
   2.  THE  COMMISSIONER SHALL IDENTIFY SUCH FUNDS AS NECESSARY WHICH MAY
 BE USED TO SUBSIDIZE THE HOMEOWNERSHIP OPPORTUNITY  CONNECTION  PROGRAM.
 THE  COMMISSIONER  SHALL  FURTHER  IDENTIFY  ANY  NOT-FOR-PROFIT HOUSING
 ORGANIZATIONS TO PROVIDE SERVICES  TO  COMMUNITIES  WITH  BELOW  AVERAGE
 HOMEOWNERSHIP  RATES.  THE  COMMISSIONER MAY, TO THE EXTENT PRACTICABLE,
 ALLOCATE FUNDS TO SUCH ORGANIZATIONS FOR THE EXPLICIT PURPOSE  OF  USING
 THEIR  MEMBERSHIP  OR  STAFF  TO  DIRECTLY SEEK OUT AND NOTIFY RESIDENTS
 ABOUT THE HOMEOWNERSHIP OPPORTUNITY CONNECTION PROGRAM AND THE  PROGRAMS
 OFFERED THEREUNDER.
   3.  THE COMMISSIONER'S OUTREACH EFFORTS SHALL BE MADE AVAILABLE TO THE
 PUBLIC BY ANY MEANS DEEMED APPROPRIATE BY THE DIVISION  OF  HOUSING  AND
 COMMUNITY RENEWAL INCLUDING, BUT NOT LIMITED TO:
   (A) SOCIAL MEDIA, INTERNET, RADIO, NEWSPAPERS, AND PRINT ADVERTISING;
   (B) BROCHURES, BILLBOARDS AND POSTERS;
   (C) COLLABORATION WITH SCHOOLS OF HIGHER EDUCATION;
   (D) PARTICIPATION IN, OR ORGANIZING OF, HOUSING FAIRS;
   (E)  COLLABORATION  WITH  COMMUNITY  ORGANIZATIONS  OR  NOT-FOR-PROFIT
 ORGANIZATIONS;
   (F) COLLABORATION WITH THE DEPARTMENT OF STATE TO  TRAIN  REALTORS  ON
 AVAILABLE PROGRAMS; AND
   (G)  RECRUITMENT  OF INDIVIDUAL VOLUNTEERS TO SERVE AS VISIBLE, PUBLIC
 AMBASSADORS TO PROMOTE THIS MESSAGE.
   § 2. Subdivision 1 of section 20 of the public housing law, as amended
 by section 2 of part L of chapter 36 of the laws of 2019, is amended  to
 read as follows:
   1.  The  commissioner  shall, on or before October first in each year,
 beginning in nineteen hundred ninety, submit AND MAKE PUBLICLY AVAILABLE
 ON ITS WEBSITE one or more reports to the governor, the temporary presi-
 dent of the senate, the speaker of the assembly, the minority leader  of
 the  senate  and  minority  leader  of  the assembly on the activity and
 implementation of the state housing assistance programs for the previous
 fiscal year. In addition, the commissioner shall, on or before  February
 first  in each year, beginning in nineteen hundred ninety-one, submit an
 interim report which contains, in tabular format only, the non-narrative
 data compiled through November thirtieth of each year. The  commissioner
 shall  submit  on  or  before  February first, nineteen hundred ninety a
 report for the fiscal year  commencing  April  first,  nineteen  hundred
 eighty-eight  and  the  most  up  to date non-narrative data, in tabular
 format only, but in no event less than the data compiled through Septem-
 ber thirtieth, nineteen hundred  eighty-nine.  All  such  reports  shall
 include,  but  not  be  limited  to  the  low  income housing trust fund
 program, the affordable home ownership development  program,  the  urban
 initiatives  program,  the  rural area revitalization program, the rural
 rental assistance program, the homeless housing and assistance  program,
 the housing opportunities program for the elderly, the state of New York
 mortgage  agency forward commitment and mortgage insurance programs, the
 housing finance agency secured loan rental program, the turnkey/enhanced
 housing trust fund program,  the  special  needs  housing  program,  the
 permanent  housing for the homeless program, the infrastructure develop-
 ment demonstration program  [and],  the  mobile  home  cooperative  fund
 program,  THE  NEW YORK ACCESS TO HOME PROGRAM, THE NEW YORK MAIN STREET
 PROGRAM, THE RURAL AND URBAN COMMUNITY INVESTMENT PROGRAM, THE NEW  YORK
 ACCESS  TO  HOMES FOR HEROES PROGRAM, AND THE HOUSING OUR NEIGHBORS WITH
 DIGNITY PROGRAM. For the purpose of producing such  report  or  reports,
 the  commissioner shall be authorized to rely on information provided by
 each administering agency or authority. Such report or reports shall, to
 A. 8806--B                         39
 
 the extent applicable to a specific program, include but not be  limited
 to:  (i)  a  narrative  for each program reported describing the program
 purpose, eligible applicants, eligible areas, income  population  to  be
 served,  and  limitations  on  funding; (ii) for each eligible applicant
 receiving funding under the Housing Trust Fund or  the  Affordable  Home
 Ownership  Development  programs  during the year specified herein, such
 applicant's name and address, a description of the applicant's  contract
 amount,  a narrative description of the specific activities performed by
 such applicant, and the income levels of the occupants to be  served  by
 the  units  all as proposed by the applicant at the time the contract is
 awarded; (iii) a description of the distribution of funds for each cate-
 gory of project funded under each program; (iv) the number of  units  or
 beds under award, under contract, under construction and completed based
 on  a change in project status during the year for each program; (v) the
 number of units or beds assisted during the  year  under  each  program;
 (vi)  the  amount and type of assistance provided for such units or beds
 placed under contract; (vii) based on total project costs, the number of
 units or beds under contract  and  assisted  through  new  construction,
 substantial  rehabilitation,  moderate  rehabilitation,  improvements to
 existing units or beds, and through acquisition only for  each  program;
 (viii)  for  the number of units or beds under contract assisted through
 new construction, substantial rehabilitation,  moderate  rehabilitation,
 improvements  to  existing  units or beds, and through acquisition only,
 the level of state assistance expressed as a percentage of total project
 cost; (ix) for those units and beds under contract a calculation of  the
 amount  of  non-state  funds provided expressed as a percentage of total
 project cost; (x) the number of units or beds completed and under award,
 under contract and under construction for  each  program  based  on  the
 current  program  pipeline;  (xi)  for  units or beds for which mortgage
 assistance was provided by the state of New York  mortgage  agency,  the
 number  of  existing  and  newly constructed units; and (xii) a list, by
 program, of units or beds assisted within each  county.  To  the  extent
 that  any  law establishing or appropriating funds for any of the afore-
 mentioned  programs  requires  the  commissioner  to  produce  a  report
 containing  data  substantially  similar  to  that required herein, this
 report shall be deemed to satisfy such other requirements.
   § 3. Section 2419 of the public authorities law, as amended by chapter
 555 of the laws of 1989, is amended to read as follows:
   § 2419. Annual report. The agency shall submit to  the  governor,  the
 chairman  of  the senate finance committee, the chairman of the assembly
 ways and means committee, the comptroller [and],  the  director  of  the
 budget,  AND  MAKE  PUBLICLY  AVAILABLE ON ITS WEBSITE within six months
 after the end of its fiscal year, a complete and detailed report setting
 forth: (1) its operations and  accomplishments;  (2)  its  receipts  and
 expenditures  during  such fiscal year in accordance with the categories
 or classifications established by the agency for its operating and capi-
 tal outlay purposes, including a  listing  of  all  private  consultants
 engaged  by  the agency on a contract basis and a statement of the total
 amount paid to each such private consultant; (3) its assets and  liabil-
 ities  at  the end of its fiscal year, including a schedule of its mort-
 gages and the status of reserve, special or other funds; (4) a  schedule
 of  its  bonds  and  notes  outstanding  at  the end of its fiscal year,
 together with a statement of the amounts redeemed  and  incurred  during
 such  fiscal  year;  (5) a schedule of mortgages which have been insured
 during such year and mortgages for which  there  exists  an  outstanding
 commitment  to  insure and the status of the mortgage insurance fund and
 A. 8806--B                         40

 other funds established by the corporation;  and  with  respect  to  the
 agency's  fiscal  years ending after nineteen hundred eighty-five; (6) a
 breakdown by region (as defined in subdivision nine of section two thou-
 sand  four  hundred  twenty-six  of this title) of the average income of
 recipients of SONYMA mortgage loans for such fiscal year,  stated  sepa-
 rately  for SONYMA's tax exempt and blended program and SONYMA's taxable
 program; (7) a breakdown by region of the income distribution of recipi-
 ents of SONYMA mortgage loans for such fiscal  year,  stated  separately
 for  SONYMA's  tax  exempt  and  blended  program  and  SONYMA's taxable
 program; [and] (8) a breakdown by region of the average  purchase  price
 of  structures acquired with SONYMA mortgage loans for such fiscal year,
 stated separately for  SONYMA's  tax  exempt  and  blended  program  and
 SONYMA's  taxable  program; AND (9) ACTIVITIES UNDERTAKEN TO PROMOTE THE
 OPERATIONS OF THE AGENCY INCLUDING WHERE IT'S PROMOTED AND ANY ORGANIZA-
 TIONS THE AGENCY PARTNERS WITH FOR SUCH ACTIVITIES. With respect to  the
 schedule mentioned in item five hereof, such schedule shall be submitted
 within ninety days after the end of its fiscal year and shall be submit-
 ted to the temporary president of the senate and speaker of the assembly
 in addition to the aforementioned officers.
   §  4.  This  act shall take effect on the thirtieth 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 CC
 
   Section 1. Section 410-x of the social  services  law  is  amended  by
 adding a new subdivision 10 to read as follows:
   10.  A  SOCIAL  SERVICES DISTRICT SHALL ESTABLISH DIFFERENTIAL PAYMENT
 RATES FOR CHILD  CARE  SERVICES  PROVIDED  BY  LICENSED,  REGISTERED  OR
 ENROLLED CHILD CARE PROVIDERS AS REQUIRED BY THIS SUBDIVISION.
   (A)  LOCAL  SOCIAL  SERVICES  DISTRICTS SHALL ESTABLISH A DIFFERENTIAL
 PAYMENT RATE FOR CHILD CARE SERVICES PROVIDED BY LICENSED OR  REGISTERED
 CHILD  CARE PROVIDERS WHO PROVIDE CARE TO A CHILD OR CHILDREN EXPERIENC-
 ING HOMELESSNESS.  SUCH  DIFFERENTIAL  PAYMENT  RATE  SHALL  BE  FIFTEEN
 PERCENT HIGHER THAN THE ACTUAL COST OF CARE OR THE APPLICABLE MARKET-RE-
 LATED  PAYMENT  RATE ESTABLISHED BY THE OFFICE IN REGULATIONS, WHICHEVER
 IS LESS.
   (B) LOCAL SOCIAL SERVICES DISTRICTS  SHALL  ESTABLISH  A  DIFFERENTIAL
 PAYMENT  RATE  FOR CHILD CARE SERVICES PROVIDED BY LICENSED, REGISTERED,
 OR ENROLLED CHILD CARE PROVIDERS WHO PROVIDE  CARE  TO  A  CHILD  DURING
 NONTRADITIONAL  HOURS.  NONTRADITIONAL  HOURS  SHALL  MEAN CARE PROVIDED
 BEFORE SIX O'CLOCK IN THE MORNING OR AFTER SEVEN O'CLOCK IN THE  EVENING
 MONDAY  THROUGH  FRIDAY,  ANY  HOUR  ON  SATURDAY OR SUNDAY, OR ANY HOUR
 DURING A  PUBLIC  HOLIDAY  UNDER  SECTION  TWENTY-FOUR  OF  THE  GENERAL
 CONSTRUCTION  LAW.  SUCH  DIFFERENTIAL  PAYMENT  RATE  SHALL  BE FIFTEEN
 PERCENT HIGHER THAN THE ACTUAL COST OF CARE OR THE APPLICABLE MARKET-RE-
 LATED PAYMENT RATE ESTABLISHED BY THE OFFICE IN  REGULATIONS,  WHICHEVER
 IS LESS.
   (C) LOCAL SOCIAL SERVICES DISTRICTS MAY ESTABLISH DIFFERENTIAL PAYMENT
 RATES  THAT ARE HIGHER THAN THE ACTUAL COST OF CARE OR APPLICABLE MARKET
 RATE FOR CHILD CARE SERVICES PROVIDED IN ANY OTHER SITUATION  THEY  DEEM
 APPROPRIATE  TO  INCENTIVIZE LICENSED, REGISTERED OR ENROLLED CHILD CARE
 PROVIDERS TO SERVE ELIGIBLE FAMILIES IN NEED OF CARE.
 A. 8806--B                         41
 
   § 2. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.
 
                                  PART DD
 
   Section  1.  The public housing law is amended by adding a new article
 14-A to read as follows:
                               ARTICLE 14-A
                      HOUSING ACCESS VOUCHER PROGRAM
 SECTION 605. LEGISLATIVE FINDINGS.
         606. DEFINITIONS.
         607. HOUSING ACCESS VOUCHER PROGRAM.
         608. ELIGIBILITY.
         609. FUNDING ALLOCATION AND DISTRIBUTION.
         610. PAYMENT OF HOUSING VOUCHERS.
         611. LEASES AND TENANCY.
         612. RENTAL OBLIGATION.
         613. MONTHLY ASSISTANCE PAYMENT.
         614. INSPECTION OF UNITS.
         615. RENT.
         616. VACATED UNITS.
         617. LEASING OF UNITS OWNED BY A HOUSING  ACCESS  VOUCHER  LOCAL
                ADMINISTRATOR.
         618. VERIFICATION OF INCOME.
         619. DIVISION OF AN ASSISTED FAMILY.
         620. MAINTENANCE OF EFFORT.
         621. VOUCHERS STATEWIDE.
         622. APPLICABLE CODES.
         623. HOUSING CHOICE.
   § 605. LEGISLATIVE  FINDINGS.  THE LEGISLATURE FINDS THAT IT IS IN THE
 PUBLIC INTEREST OF THE STATE TO ENSURE THAT INDIVIDUALS AND FAMILIES ARE
 NOT RENDERED HOMELESS BECAUSE OF AN INABILITY TO PAY THE COST  OF  HOUS-
 ING,  AND  TO  AID  INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACE AN
 IMMINENT LOSS OF HOUSING IN OBTAINING AND MAINTAINING SUITABLE PERMANENT
 HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 606. 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;  INDIVIDUALS
 RELEASED  OR  SCHEDULED  TO BE RELEASED FROM INCARCERATION 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  WITHOUT  LIVING INDEPENDENTLY IN PERMANENT HOUSING OR
 HAVING EXPERIENCED PERSISTENT INSTABILITY AS MEASURED BY FREQUENT  MOVES
 AND BEING REASONABLY EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED
 A. 8806--B                         42
 
 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.
   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 A PUBLIC HOUSING AGENCY  THAT
 ADMINISTERS THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM UNDER SECTION 8
 OF  THE  UNITED STATES HOUSING ACT OF 1937 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.  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.
   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
 A. 8806--B                         43
 
 USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE  OR  MORE
 PERSONS.
   9. "INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR § 5.609 AND
 ANY AMENDMENTS THERETO.
   10. "ADJUSTED INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR §
 5.611 AND ANY AMENDMENTS THERETO.
   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 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;
 A. 8806--B                         44
 
   (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;
   (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.
   § 607. 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.
   § 608. 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 A CERTIFICATION FROM A
 SOCIAL SERVICES PROVIDER SERVING HOMELESS  INDIVIDUALS,  INCLUDING,  BUT
 NOT  LIMITED  TO,  HOMELESS  SHELTERS  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
 UNITED STATES 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 HOUSING ACCESS
 VOUCHER LOCAL ADMINISTRATOR'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 DETERMINING CONTINUED ELIGIBILITY AND ANY ADJUSTMENTS TO SUCH
 RENTAL ASSISTANCE.
 A. 8806--B                         45
 
   5.  THE  COMMISSIONER MAY COLLABORATE WITH THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE AND OTHER STATE AND CITY AGENCIES TO ALLOW A HOUS-
 ING ACCESS VOUCHER LOCAL ADMINISTRATOR TO ACCESS INCOME INFORMATION  FOR
 THE  PURPOSE  OF  DETERMINING  AN  INDIVIDUAL'S  OR FAMILY'S INITIAL AND
 CONTINUED ELIGIBILITY FOR THE PROGRAM.
   6.  REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY.
   § 609. FUNDING  ALLOCATION  AND  DISTRIBUTION. 1. SUBJECT TO APPROPRI-
 ATION, FUNDING SHALL BE ALLOCATED BY THE  COMMISSIONER  IN  EACH  COUNTY
 EXCEPT  FOR  THOSE  COUNTIES  LOCATED  WITHIN  THE CITY OF NEW YORK, THE
 INITIAL ALLOCATION SHALL BE 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.  FUNDING FOR COUN-
 TIES LOCATED WITHIN THE CITY OF NEW YORK SHALL BE ALLOCATED DIRECTLY  TO
 THE  NEW  YORK  CITY  DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
 AND/OR THE NEW YORK CITY HOUSING AUTHORITY, AS APPROPRIATE,  IN  PROPOR-
 TION  TO  THE  NUMBER  OF HOUSEHOLDS IN NEW YORK CITY AS COMPARED TO THE
 REST OF THE STATE 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 NOT LOCATED WITHIN THE CITY OF NEW  YORK  AMONG
 HOUSING  ACCESS VOUCHER LOCAL ADMINISTRATORS OPERATING IN EACH COUNTY OR
 IN THE CITY OF NEW YORK.
   3. PRIORITY SHALL BE GIVEN TO APPLICANTS WHO ARE HOMELESS. THE COMMIS-
 SIONER SHALL HAVE THE DISCRETION  TO  ESTABLISH  FURTHER  PRIORITIES  AS
 APPROPRIATE.
   4. UP TO TEN PERCENT OF THE FUNDS ALLOCATED MAY BE USED BY THE COMMIS-
 SIONER  AND  THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR FOR ADMINIS-
 TRATIVE EXPENSES ATTRIBUTABLE TO ADMINISTERING THE HOUSING ACCESS VOUCH-
 ER PROGRAM.
   § 610. PAYMENT OF HOUSING VOUCHERS. 1. 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  APPROPRI-
 ATE  HOUSING  ACCESS VOUCHER LOCAL ADMINISTRATOR. THE COMMISSIONER SHALL
 DETERMINE THE FORM OF THE HOUSING ASSISTANCE PAYMENT  CONTRACT  AND  THE
 METHOD  OF  PAYMENT.  A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO
 PURSUANT TO THIS SECTION SHALL ESTABLISH THE PAYMENT STANDARD (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 PAYMENT STANDARD SHALL NOT
 EXCEED ONE HUNDRED TWENTY PERCENT NOR BE LESS THAN NINETY PERCENT OF THE
 FAIR MARKET RENT FOR THE RENTAL AREA IN  WHICH  IT  IS  LOCATED.    FAIR
 MARKET RENT SHALL BE DETERMINED PURSUANT TO THE PROCEDURES AND STANDARDS
 AS SET FORTH IN THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, AS SET FORTH
 IN THE APPLICABLE SECTIONS OF PART 888 OF TITLE 24 OF THE CODE OF FEDER-
 AL  REGULATIONS.   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.
   2.  A  HOUSING  ASSISTANCE  PAYMENT  CONTRACT ENTERED INTO PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION MAY PROVIDE FOR AN INITIAL PAYMENT OF UP
 TO FIVE MONTHS OF RENT ARREARS THAT HAVE ACCRUED DURING PRIOR  OCCUPANCY
 OF  A DWELLING UNIT BY A VOUCHER RECIPIENT IF SUCH PAYMENT OF ARREARS IS
 NECESSARY TO CONTINUE SUCH VOUCHER RECIPIENT'S OCCUPANCY OF SUCH  DWELL-
 ING UNIT, AND THEREBY PREVENT IMMINENT LOSS OF HOUSING.
   § 611. 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:
 A. 8806--B                         46
 
   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
   (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, INCLUDING, BUT  NOT  LIMITED  TO,
 THE  NON-PAYMENT  OF  THE  TENANT'S PORTION OF THE RENT OWED, 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 CONSTITUTE 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 SIX OF THIS ARTICLE.
   § 612. RENTAL  OBLIGATION.  THE MONTHLY RENTAL OBLIGATION FOR AN INDI-
 VIDUAL OR FAMILY RECEIVING HOUSING ASSISTANCE PURSUANT  TO  THE  HOUSING
 ACCESS VOUCHER PROGRAM SHALL BE THE GREATER OF:
   1.  THIRTY  PERCENT  OF  THE  MONTHLY ADJUSTED INCOME OF THE FAMILY OR
 INDIVIDUAL; OR
   2. 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.
   § 613. 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
 A. 8806--B                         47

 THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR
 FAMILY IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED TWELVE OF THIS ARTI-
 CLE.
   2.  THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT
 SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE  USE  OF
 THE  PROGRAM  IN  ALL  LOCALITIES  BASED  ON THE FAIR MARKET RENT OF THE
 RENTAL AREA. RENTAL AREAS SHALL BE DETERMINED BY THE  COMMISSIONER.  THE
 COMMISSIONER  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  TWENTY  PERCENT  OF THE FAIR MARKET RENT ESTABLISHED IN SECTION
 SIX HUNDRED SIX 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.
   § 614. INSPECTION  OF  UNITS.   INSPECTION OF UNITS SHALL BE CONDUCTED
 PURSUANT TO THE PROCEDURES AND STANDARDS OF THE FEDERAL  HOUSING  CHOICE
 VOUCHER  PROGRAM, AS SET FORTH IN THE APPLICABLE SECTIONS OF PART 982 OF
 TITLE 24 OF THE CODE OF FEDERAL REGULATIONS.
   § 615. 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 SEVENTEEN OF THIS ARTICLE) MAY,  AT  THE
 REQUEST OF AN INDIVIDUAL OR FAMILY RECEIVING ASSISTANCE UNDER THIS ARTI-
 CLE,  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  CONSIDER-
 ATION  BY  THE  INDIVIDUAL  OR  FAMILY (AND ALL RENT INCREASES FOR UNITS
 UNDER LEASE BY THE INDIVIDUAL OR FAMILY) TO DETERMINE 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.
   § 616. VACATED UNITS. IF AN ASSISTED FAMILY VACATES  A  DWELLING  UNIT
 FOR  WHICH  RENTAL  ASSISTANCE  IS  PROVIDED  UNDER A HOUSING ASSISTANCE
 PAYMENT CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR  THE
 UNIT,  RENTAL  ASSISTANCE  PURSUANT TO SUCH CONTRACT MAY NOT BE PROVIDED
 FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED.
   § 617. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMIN-
 ISTRATOR. 1. IF AN ELIGIBLE INDIVIDUAL OR  FAMILY  ASSISTED  UNDER  THIS
 A. 8806--B                         48
 
 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 FOURTEEN OF THIS ARTICLE
 AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX  HUNDRED  FIFTEEN  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.
   § 618. 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  STATES  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.
   § 619. 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 SUCH INDIVIDUALS OR FAMILIES CANNOT  AGREE
 AS  TO  WHICH  SUCH  INDIVIDUAL OR FAMILY SHOULD CONTINUE TO RECEIVE THE
 ASSISTANCE, AND WHERE THERE IS NO DETERMINATION BY A COURT, THE  HOUSING
 ACCESS  VOUCHER LOCAL ADMINISTRATOR SHALL CONSIDER THE FOLLOWING FACTORS
 TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES WILL  CONTINUE  TO  BE
 ASSISTED:
   (A)  WHICH  OF  SUCH  INDIVIDUALS OR FAMILIES HAS CUSTODY OF DEPENDENT
 CHILDREN;
   (B) WHICH SUCH INDIVIDUAL WAS THE HEAD OF HOUSEHOLD WHEN  THE  VOUCHER
 WAS INITIALLY ISSUED AS LISTED ON THE INITIAL APPLICATION;
 A. 8806--B                         49
 
   (C)  THE  COMPOSITION  OF SUCH INDIVIDUALS AND FAMILIES AND WHICH SUCH
 FAMILY INCLUDES ELDERLY OR DISABLED MEMBERS;
   (D)  WHETHER  DOMESTIC  VIOLENCE  WAS  INVOLVED IN THE BREAKUP OF SUCH
 FAMILY;
   (E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND
   (F) RECOMMENDATIONS OF SOCIAL SERVICES 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.
   § 620. 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.
   § 621. VOUCHERS STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED  ELEVEN
 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.  PROVIDED FURTHER, HOWEVER,
 THAT  A  VOUCHER  MUST  BE USED IN THE COUNTY IN WHICH IT WAS ISSUED, OR
 WITHIN THE CITY OF NEW YORK, IF THE VOUCHER WAS ISSUED WITHIN  THE  CITY
 OF  NEW  YORK,  FOR  NO  LESS  THAN  ONE YEAR BEFORE IT CAN BE USED IN A
 DIFFERENT JURISDICTION, UNLESS THE ISSUING HOUSING ACCESS VOUCHER  LOCAL
 ADMINISTRATOR GRANTS A WAIVER, OR THE VOUCHER HOLDER, OR A FAMILY MEMBER
 THEREOF,  IS  OR  HAS  BEEN  THE  VICTIM  OF  DOMESTIC  VIOLENCE, DATING
 VIOLENCE, SEXUAL ASSAULT, OR STALKING.
   § 622. 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.
   § 623. 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 ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule, regulation, plan or guidance document necessary  for
 the  implementation  of this act on its effective date are authorized to
 be made and completed on or before such effective date; provided further
 that any rule, regulation, plan or guidance document shall apply only to
 those counties located outside of the city of New  York.  The  New  York
 city department of housing preservation and development and the New York
 city  housing  authority,  as  applicable,  shall  promulgate or release
 rules, regulations, plans or guidance documents  as  necessary  for  the
 implementation of this act within the city of New York.
 A. 8806--B                         50
 
                                  PART EE

   Section 1. Notwithstanding any law, rule, or regulation to the contra-
 ry,  the  higher  education services corporation shall not seek recovery
 for overpayment where, through administrative error by such corporation,
 a student was incorrectly granted exclusion of parental  income  with  a
 dependent  for  the 2020--2021, 2021--2022, or 2022--2023 academic years
 for the purposes of determining eligibility pursuant to section  667  of
 the education law.
   § 2. This act shall take effect immediately.
 
                                  PART FF
 
   Section  1.  The  smart schools bond act of 2024 is enacted to read as
 follows:
 
                      SMART SCHOOLS BOND ACT OF 2024
 
 Section 1. Short title.
         2. Creation of a state debt.
         3. Bonds of the state.
         4. Use of moneys received.
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "smart schools bond act of 2024".
   §  2.  Creation  of  a  state debt. The creation of a state debt in an
 amount  not   exceeding   in   the   aggregate   two   billion   dollars
 ($2,000,000,000)  is  hereby authorized to provide moneys for the single
 purpose of improving learning and opportunity for public  and  nonpublic
 school  students  of  the  state by funding capital projects to: acquire
 learning technology equipment or facilities including, but  not  limited
 to,  interactive  whiteboards, computer servers, and desktop, laptop and
 tablet computers; install  high-speed  broadband  or  wireless  internet
 connectivity  for  schools  and  communities;  construct,  enhance,  and
 modernize  educational  facilities   to   accommodate   pre-kindergarten
 programs; install or construct zero-emission school bus charging infras-
 tructure in district-owned or operated bus depots and garages; modernize
 school  buildings and school campuses to increase energy efficiency; and
 install high-tech security features in school buildings  and  on  school
 campuses. The legislature may, by appropriate legislation and subject to
 such  conditions as it may impose, make available out of the proceeds of
 the sale of bonds authorized in this act,  moneys  disbursed  or  to  be
 disbursed for the cost of approved capital projects undertaken by, or on
 behalf of, school districts for such purposes.
   §  3.  Bonds  of the state. The state comptroller is hereby authorized
 and empowered to issue and sell bonds of the state up to  the  aggregate
 amount  of two billion dollars ($2,000,000,000) for the purposes of this
 act, subject to the provisions of article five of the state finance law.
 The aggregate principal amount  of  such  bonds  shall  not  exceed  two
 billion  dollars  ($2,000,000,000)  excluding  bonds issued to refund or
 otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
 however,  that upon any such refunding or repayment, the total aggregate
 principal amount of outstanding bonds may be greater  than  two  billion
 dollars ($2,000,000,000) only if the present value of the aggregate debt
 service  of  the  refunding  or  repayment  bonds to be issued shall not
 exceed the present value of the aggregate debt service of the  bonds  to
 A. 8806--B                         51
 
 be refunded or repaid. The method for calculating present value shall be
 determined by law.
   § 4. Use of moneys received. The moneys received by the state from the
 sale  of  bonds  sold pursuant to this act shall be expended pursuant to
 appropriations for capital projects related to  design,  planning,  site
 acquisition,  demolition,  construction, reconstruction, rehabilitation,
 or acquisition and/or installation of equipment for the following  types
 of  projects:  capital projects related to educational technology equip-
 ment or facilities including but not limited to interactive whiteboards;
 computer servers; desktop and laptop computers, and tablets;  high-speed
 broadband or wireless internet connectivity for schools and communities;
 capital  projects to construct, enhance or modernize educational facili-
 ties to  accommodate  pre-kindergarten  programs;  capital  projects  to
 install or construct zero-emission school bus charging infrastructure in
 district-owned  or  operated bus depots and garages; capital projects to
 modernize school buildings and school campuses to increase energy  effi-
 ciency;  and  capital projects to install high-tech security features in
 school buildings and on school campuses.
   § 2. This  act  shall  take  effect  immediately,  provided  that  the
 provisions  of  section one of this act shall not take effect unless and
 until this act shall have been submitted to the people  at  the  general
 election  to  be held in November 2024 and shall have been approved by a
 majority of all votes cast for and against it  at  such  election.  Upon
 approval  by the people, section one of this act shall take effect imme-
 diately. The ballots  to  be  furnished  for  the  use  of  voters  upon
 submission  of  this act shall be in the form prescribed by the election
 law and the proposition or question to be  submitted  shall  be  printed
 thereon  in  substantially the following form, namely "The SMART SCHOOLS
 BOND ACT OF 2024, as set forth in section one  of  part  FF  of  chapter
 (here  insert  the  chapter  number) of the laws of 2024, authorizes the
 sale of state bonds of up to two  billion  dollars  ($2,000,000,000)  to
 provide  access  to classroom technology and high-speed internet connec-
 tivity to equalize opportunities for children to learn, to add classroom
 space to expand high-quality pre-kindergarten programs,  to  install  or
 construct zero-emission school bus charging infrastructure, to modernize
 schools  to  increase  energy efficiency, and to install high-tech smart
 security features in schools. Shall the SMART SCHOOLS BOND ACT  OF  2024
 be approved?".
 
                                  PART GG

   Section  1.  Section  410-x  of  the social services law is amended by
 adding a new subdivision 5-a to read as follows:
   5-A. (A) FOR EACH GROUP FOR WHICH THE OFFICE OF  CHILDREN  AND  FAMILY
 SERVICES DETERMINES A SEPARATE PAYMENT RATE PURSUANT TO SUBDIVISION FOUR
 OF  THIS SECTION, AND AT THE SAME FREQUENCY, SUCH OFFICE SHALL UTILIZE A
 COST ESTIMATION MODEL TO DETERMINE THE ACTUAL COST PROVIDERS INCUR  WHEN
 PROVIDING  CHILD CARE. THE COST ESTIMATION MODEL SHALL IDENTIFY AND TAKE
 INTO ACCOUNT COST DRIVERS INCLUDING BUT NOT LIMITED TO  EMPLOYEE  SALARY
 AND  BENEFITS,  ENROLLMENT  LEVELS,  FACILITY  COSTS AND COMPLIANCE WITH
 STATUTORY AND REGULATORY REQUIREMENTS.  WHERE A QUALITY RATING SYSTEM OR
 ANY QUALITY INDICATORS ARE BEING UTILIZED,  THE  COST  ESTIMATION  MODEL
 SHALL  ALSO  TAKE  INTO  ACCOUNT  THE COST OF PROVIDING SERVICES AT EACH
 LEVEL OF QUALITY.
   (B) IN DEVELOPING  SUCH  MODEL  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL CONSULT WITH STAKEHOLDERS INCLUDING, BUT NOT LIMITED TO,
 A. 8806--B                         52
 
 REPRESENTATIVES OF CHILD CARE RESOURCE AND REFERRAL AGENCIES, CHILD CARE
 PROVIDERS AND ANY STATE ADVISORY  COUNCIL  ESTABLISHED  PURSUANT  TO  42
 U.S.C.S. § 9831 ET. SEQ., AS AMENDED. THE COST ESTIMATION MODEL SHALL BE
 STATISTICALLY  VALID,  USING  COMPLETE  AND  CURRENT  DATA  AND RIGOROUS
 COLLECTION METHODS.
   § 2. Section 410-z 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:
   § 410-z. Reporting requirements.  1.  Each  social  services  district
 shall  collect  and  submit  to  the [department] OFFICE OF CHILDREN AND
 FAMILY SERVICES, in such form and at such times as    specified  by  the
 [department]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, such data and
 information regarding child  care assistance provided  under  the  block
 grant  as  the  [department]  OFFICE OF CHILDREN AND FAMILY SERVICES may
 need to comply with federal reporting requirements.
   2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PREPARE  A  REPORT
 DETAILING  THE  ACTUAL COST PROVIDERS INCUR WHEN PROVIDING CHILD CARE IN
 EACH SETTING, AS DETERMINED BY THE COST ESTIMATION MODEL ESTABLISHED  IN
 PARAGRAPH  (A) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED TEN-X OF THIS
 TITLE.  THE REPORT SHALL DETAIL COST DATA FOR EACH SETTING,  AGE  GROUP,
 CARE PROVIDED TO CHILDREN WITH SPECIAL NEEDS, AND ANY OTHER GROUPING FOR
 WHICH A SEPARATE COST ESTIMATION IS CONDUCTED.  SUCH DATA SHALL INCLUDE:
   (A) THE LEVEL OF QUALITY CARE AS DETERMINED BY A QUALITY RATING SYSTEM
 OR ANY QUALITY INDICATORS UTILIZED BY THE STATE;
   (B) A DESCRIPTION OF THE MAJOR COST DRIVERS FOR PROVIDING CARE; AND
   (C)  A  COMPARISON OF THE COSTS OF CHILD CARE FOR EACH GROUPING TO THE
 MARKET RATE DETERMINED BY THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES
 PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION  FOUR HUNDRED TEN-X OF THIS
 TITLE.
   THE REPORT SHALL BE SUBMITTED TO THE  GOVERNOR,  THE  SPEAKER  OF  THE
 ASSEMBLY  AND  THE  TEMPORARY PRESIDENT OF THE SENATE BY JUNE FIRST, TWO
 THOUSAND TWENTY-FIVE. THE OFFICE OF CHILDREN AND FAMILY  SERVICES  SHALL
 POST THE INFORMATION CONTAINED IN THE REPORT ON ITS WEBSITE.
   § 3. This act shall take effect immediately.
 
                                  PART HH
 
   Section  1.   Section 3641 of the education law is amended by adding a
 new subdivision 18 to read as follows:
   18. IMPLEMENTATION OF THE SMART SCHOOLS BOND ACT OF 2024.  A.    DEFI-
 NITIONS.  THE  FOLLOWING  TERMS,  WHENEVER  USED  OR REFERRED TO IN THIS
 SUBDIVISION, UNLESS THE CONTEXT  INDICATES  OTHERWISE,  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (1) "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE
 "SMART  SCHOOLS  BOND ACT OF 2024" IN ACCORDANCE WITH ARTICLE VII OF THE
 NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF THE STATE FINANCE LAW.
   (2) "SMART SCHOOLS INVESTMENT PLAN" SHALL MEAN A DOCUMENT PREPARED  BY
 A SCHOOL DISTRICT SETTING FORTH THE SMART SCHOOLS PROJECT OR PROJECTS TO
 BE UNDERTAKEN WITH SUCH DISTRICT'S SMART SCHOOLS ALLOCATION.
   (3)  "SMART SCHOOLS PROJECT" SHALL MEAN A CAPITAL PROJECT AS SET FORTH
 AND DEFINED IN SUBPARAGRAPHS FOUR, FIVE, SIX, SEVEN, EIGHT, OR  NINE  OF
 THIS PARAGRAPH.
   (4)  "PRE-KINDERGARTEN  REPLACEMENT  PROJECT"  SHALL  MEAN  A  CAPITAL
 PROJECT WHICH,  AS  A  PRIMARY  PURPOSE,  EXPANDS  THE  AVAILABILITY  OF
 ADEQUATE AND APPROPRIATE INSTRUCTIONAL SPACE FOR PRE-KINDERGARTEN.
 A. 8806--B                         53
 
   (5)  "COMMUNITY  CONNECTIVITY  PROJECT"  SHALL  MEAN A CAPITAL PROJECT
 WHICH, AS A PRIMARY PURPOSE, EXPANDS HIGH-SPEED  BROADBAND  OR  WIRELESS
 INTERNET CONNECTIVITY IN THE LOCAL COMMUNITY, INCLUDING SCHOOL BUILDINGS
 AND CAMPUSES, FOR ENHANCED EDUCATIONAL OPPORTUNITY IN THE STATE.
   (6)  "CLASSROOM  TECHNOLOGY  PROJECT"  SHALL MEAN A CAPITAL PROJECT TO
 EXPAND HIGH-SPEED BROADBAND OR WIRELESS INTERNET CONNECTIVITY SOLELY FOR
 SCHOOL BUILDINGS AND CAMPUSES, OR TO ACQUIRE LEARNING  TECHNOLOGY  HARD-
 WARE FOR SCHOOLS, CLASSROOMS, AND STUDENT USE, INCLUDING BUT NOT LIMITED
 TO  WHITEBOARDS,  COMPUTER SERVERS, DESKTOP COMPUTERS, LAPTOP COMPUTERS,
 AND TABLET COMPUTERS.
   (7) "SCHOOL SAFETY AND SECURITY TECHNOLOGY PROJECT" SHALL MEAN A CAPI-
 TAL PROJECT TO INSTALL HIGH-TECH SECURITY FEATURES IN  SCHOOL  BUILDINGS
 AND ON SCHOOL CAMPUSES, INCLUDING BUT NOT LIMITED TO VIDEO SURVEILLANCE,
 EMERGENCY   NOTIFICATION  SYSTEMS  AND  PHYSICAL  ACCESS  CONTROLS,  FOR
 ENHANCED EDUCATIONAL OPPORTUNITY IN THE STATE.
   (8) "ZERO-EMISSION SCHOOL BUS CHARGING INFRASTRUCTURE  PROJECT"  SHALL
 MEAN  A  CAPITAL  PROJECT  TO  CONSTRUCT  OR  INSTALL  ELECTRIC CHARGING
 STATIONS THAT DELIVER ELECTRICITY FROM A SOURCE OUTSIDE A  ZERO-EMISSION
 SCHOOL  BUS  INTO  ONE  OR  MORE ZERO-EMISSION SCHOOL BUSES OR A CAPITAL
 PROJECT TO CONSTRUCT OR INSTALL HYDROGEN FUELING STATIONS. SUCH ELECTRIC
 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
 BUSES.
   (9)  "ENERGY EFFICIENCY PROJECT" SHALL MEAN A CAPITAL PROJECT TO:  (I)
 INSTALL, UPGRADE, OR MODIFY A RENEWABLE ENERGY SYSTEM AT A SCHOOL BUILD-
 ING OR FOR THE PURPOSE OF CONVERTING OR CONNECTING A SCHOOL BUILDING, OR
 PORTION THEREOF, TO A RENEWABLE ENERGY SYSTEM; (II) REDUCE ENERGY USE OR
 IMPROVE ENERGY EFFICIENCY OR OCCUPANT HEALTH AT A  SCHOOL  BUILDING;  OR
 (III)  INSTALL  RENEWABLE HEATING AND COOLING SYSTEMS AT A SCHOOL BUILD-
 ING.
   (10) "RENEWABLE ENERGY SYSTEM" SHALL HAVE THE SAME MEANING AS  SECTION
 SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   (11) "SELECTED SCHOOL AID" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH
 AS   "FOUNDATION  AID",  "FULL  DAY  K  CONVERSION",  "BOCES",  "SPECIAL
 SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST",  "HARDWARE  &
 TECHNOLOGY",   "SOFTWARE,   LIBRARY,   TEXTBOOK",  "TRANSPORTATION  INCL
 SUMMER", "OPERATING REORG  INCENTIVE",  "CHARTER  SCHOOL  TRANSITIONAL",
 "ACADEMIC  ENHANCEMENT",  "HIGH  TAX  AID", AND "SUPPLEMENTAL PUB EXCESS
 COST" UNDER THE HEADING "2023-24 BASE  YEAR  AIDS"  IN  THE  SCHOOL  AID
 COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
 BUDGET FOR THE TWO THOUSAND TWENTY-FOUR-TWENTY-FIVE SCHOOL YEAR.
   (12) "SMART SCHOOLS ALLOCATION" SHALL MEAN, FOR EACH SCHOOL  DISTRICT,
 THE  PRODUCT  OF  (I) TWO BILLION DOLLARS ($2,000,000,000) MULTIPLIED BY
 (II) THE QUOTIENT OF SUCH SCHOOL DISTRICT'S SELECTED SCHOOL AID  DIVIDED
 BY THE TOTAL SELECTED SCHOOL AID TO ALL SCHOOL DISTRICTS.
   B.  SMART  SCHOOLS  INVESTMENT PLANS. (1) THE COMMISSIONER SHALL ISSUE
 GUIDELINES SETTING FORTH REQUIRED COMPONENTS  AND  ELIGIBILITY  CRITERIA
 FOR  SMART SCHOOLS INVESTMENT PLANS TO BE SUBMITTED BY SCHOOL DISTRICTS.
 SUCH GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO:  (I) A TIMELINE FOR
 SCHOOL DISTRICT SUBMISSION OF SMART SCHOOLS INVESTMENT PLANS;  (II)  ANY
 REQUIREMENTS  FOR  THE  USE OF AVAILABLE STATE PROCUREMENT OPTIONS WHERE
 APPLICABLE; (III) ANY LIMITATIONS ON THE AMOUNT OF  A  DISTRICT'S  SMART
 SCHOOLS  ALLOCATION  THAT  MAY  BE USED FOR ASSETS WITH A SHORT PROBABLE
 LIFE; AND (IV) THE LOAN OF SMART SCHOOLS CLASSROOM  TECHNOLOGY  PURSUANT
 TO SECTION SEVEN HUNDRED FIFTY-FIVE OF THIS CHAPTER.
 A. 8806--B                         54
 
   (2)  NO  SCHOOL  DISTRICT  SHALL  BE ENTITLED TO A SMART SCHOOLS GRANT
 UNTIL SUCH DISTRICT SHALL HAVE SUBMITTED A SMART SCHOOLS INVESTMENT PLAN
 TO THE DEPARTMENT AND  RECEIVED  THE  COMMISSIONER'S  APPROVAL  OF  SUCH
 INVESTMENT  PLAN.  IN  DEVELOPING SUCH INVESTMENT PLAN, SCHOOL DISTRICTS
 SHALL  CONSULT  WITH  PARENTS, TEACHERS, STUDENTS, COMMUNITY MEMBERS AND
 OTHER STAKEHOLDERS.  SUCH PLAN SHALL CALCULATE THE AMOUNT  OF  CLASSROOM
 TECHNOLOGY TO BE LOANED TO STUDENTS ATTENDING NONPUBLIC SCHOOLS PURSUANT
 TO  SECTION  SEVEN  HUNDRED  FIFTY-FIVE OF THIS CHAPTER IN A MANNER THAT
 INCLUDES THE AMOUNT BUDGETED BY THE SCHOOL DISTRICT FOR  SERVERS,  WIRE-
 LESS  ACCESS  POINTS  AND  OTHER  PORTABLE  CONNECTIVITY  DEVICES  TO BE
 ACQUIRED AS PART OF A SCHOOL CONNECTIVITY PROJECT.
   (3) THE COMMISSIONER SHALL REVIEW ALL SMART SCHOOLS  INVESTMENT  PLANS
 FOR  COMPLIANCE WITH ALL ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET
 FORTH IN THE GUIDELINES. THE COMMISSIONER MAY  APPROVE  OR  REJECT  SUCH
 PLANS,  OR  MAY  RETURN  SUCH PLANS TO THE SCHOOL DISTRICT FOR MODIFICA-
 TIONS. UPON APPROVAL, THE SMART SCHOOLS PROJECT OR PROJECTS DESCRIBED IN
 THE INVESTMENT PLAN SHALL BE ELIGIBLE FOR SMART SCHOOLS GRANTS. A  SMART
 SCHOOLS PROJECT INCLUDED IN A SCHOOL DISTRICT'S SMART SCHOOLS INVESTMENT
 PLAN  SHALL  NOT REQUIRE SEPARATE APPROVAL OF THE COMMISSIONER UNLESS IT
 IS PART OF A SCHOOL CONSTRUCTION PROJECT REQUIRED TO  BE  SUBMITTED  FOR
 APPROVAL  OF  THE COMMISSIONER PURSUANT TO SECTION FOUR HUNDRED EIGHT OF
 THIS CHAPTER AND/OR SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS ARTICLE. ANY DEPARTMENT, AGENCY OR PUBLIC AUTHORITY  SHALL  PROVIDE
 THE  COMMISSIONER WITH ANY INFORMATION IT REQUIRES TO FULFILL ITS DUTIES
 PURSUANT TO THIS SUBDIVISION.
   (4) ANY AMENDMENTS OR SUPPLEMENTS TO A SMART SCHOOLS  INVESTMENT  PLAN
 SHALL  BE SUBMITTED TO THE COMMISSIONER FOR APPROVAL, AND SHALL NOT TAKE
 EFFECT UNTIL SUCH APPROVAL IS GRANTED.
   C. EXPENDITURE OF  MONEY.  (1)  EACH  SCHOOL  DISTRICT  WHICH  HAS  AN
 APPROVED SMART SCHOOLS INVESTMENT PLAN INCLUDING A SMART SCHOOLS PROJECT
 OR PROJECTS SHALL BE ENTITLED TO A GRANT OR GRANTS FOR THE SMART SCHOOLS
 PROJECT OR PROJECTS INCLUDED THEREIN IN AN AMOUNT, WHETHER IN THE AGGRE-
 GATE OR OTHERWISE, NOT TO EXCEED THE SMART SCHOOLS ALLOCATION CALCULATED
 FOR  SUCH  SCHOOL  DISTRICT. THE AMOUNT OF SUCH ALLOCATION NOT EXPENDED,
 DISBURSED OR ENCUMBERED FOR ANY SCHOOL YEAR SHALL BE  CARRIED  OVER  FOR
 EXPENDITURE AND DISBURSEMENT TO THE NEXT SUCCEEDING SCHOOL YEAR. EXPEND-
 ITURES  FROM  THE SMART SCHOOLS ALLOCATION SHALL NOT BE ELIGIBLE FOR AID
 UNDER ANY OTHER PROVISION OF THIS CHAPTER.
   (2) THE AMOUNTS DETERMINED PURSUANT TO THIS SUBDIVISION TO BE PAID  TO
 SCHOOL  DISTRICTS  SHALL  BE CERTIFIED BY THE COMMISSIONER IN ACCORDANCE
 WITH THIS SUBDIVISION. IF, UPON THE OPTION OF A SCHOOL DISTRICT, A SMART
 SCHOOLS INVESTMENT PLAN DIRECTS THAT AN AMOUNT BE TRANSFERRED OR  SUBAL-
 LOCATED  TO  A  DEPARTMENT,  AGENCY,  OR PUBLIC AUTHORITY TO BE SPENT ON
 BEHALF OF THE SCHOOL DISTRICT, SUCH  AMOUNTS  SHALL  BE  TRANSFERRED  OR
 SUBALLOCATED, CONSISTENT WITH SUCH PLAN, UPON THE APPROVAL OF THE DIREC-
 TOR  OF  THE BUDGET. THE AMOUNTS OF MONEY SO CERTIFIED OR MADE AVAILABLE
 SHALL BE PAID BY  THE  COMPTROLLER  IN  ACCORDANCE  WITH  APPROPRIATIONS
 THEREFOR,  PROVIDED,  HOWEVER,  THAT  THE  PAYMENT SCHEDULE SET FORTH IN
 SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO SUCH  PAYMENTS.  SUCH
 PAYMENT SHALL FULFILL ANY OBLIGATION OF THE STATE OR THE COMMISSIONER TO
 APPORTION  FUNDS  PURSUANT  TO  THIS  SUBDIVISION, AND WHENEVER A SCHOOL
 DISTRICT HAS BEEN APPORTIONED MORE MONEY PURSUANT  TO  THIS  SUBDIVISION
 THAN  THAT  TO  WHICH  IT  IS ENTITLED, THE COMMISSIONER MAY DEDUCT SUCH
 AMOUNT FROM THE NEXT APPORTIONMENT TO BE MADE TO SUCH SCHOOL DISTRICT.
   D. CONSISTENCY WITH FEDERAL TAX LAW. ALL  ACTIONS  TAKEN  PURSUANT  TO
 THIS  SUBDIVISION  SHALL  BE REVIEWED FOR CONSISTENCY WITH PROVISIONS OF
 A. 8806--B                         55
 
 THE FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN ACCORD-
 ANCE WITH PROCEDURES ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF  ANY
 TAX  EXEMPT  BONDS  PURSUANT  TO  THIS  SUBDIVISION, TO PRESERVE THE TAX
 EXEMPT STATUS OF SUCH BONDS.
   E.  COMPLIANCE  WITH  OTHER  LAW.  EVERY RECIPIENT OF FUNDS TO BE MADE
 AVAILABLE PURSUANT TO THIS SUBDIVISION SHALL COMPLY WITH ALL  APPLICABLE
 STATE, FEDERAL AND LOCAL LAWS.
   §  2. The state finance law is amended by adding a new section 97-bbbb
 to read as follows:
   § 97-BBBB. SMART SCHOOLS BOND FUND OF 2024.  1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A SPECIAL FUND TO  BE  KNOWN  AS  THE  "SMART
 SCHOOLS BOND FUND OF 2024".
   2.  THE  STATE  COMPTROLLER  SHALL DEPOSIT INTO THE SMART SCHOOLS BOND
 FUND OF 2024 ALL MONEYS RECEIVED BY THE STATE FROM  THE  SALE  OF  BONDS
 AND/OR  NOTES  FOR  USES  ELIGIBLE PURSUANT TO SECTION FOUR OF THE SMART
 SCHOOLS BOND ACT OF 2024.
   3. MONEYS IN THE SMART SCHOOLS BOND FUND OF 2024, FOLLOWING  APPROPRI-
 ATION  BY  THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET,
 SHALL BE AVAILABLE ONLY FOR  REIMBURSEMENT  OF  EXPENDITURES  MADE  FROM
 APPROPRIATIONS  FROM  THE  CAPITAL  PROJECTS FUND FOR THE PURPOSE OF THE
 SMART SCHOOLS BOND FUND OF 2024, AS SET FORTH IN THE SMART SCHOOLS  BOND
 ACT OF 2024.
   4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
 SOLD  PURSUANT  TO  THE SMART SCHOOLS BOND ACT OF 2024 SHALL BE EXPENDED
 FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN ALLOCATED PURSUANT TO THE
 PROVISIONS OF THIS SECTION AND COPIES OF THE APPROPRIATE CERTIFICATES OF
 APPROVAL FILED WITH THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR
 OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMPTROLLER.
   § 3. Section 61 of the state finance law is amended by  adding  a  new
 subdivision 33 to read as follows:
                       SMART SCHOOLS PROJECTS OF 2024
   33. THIRTY YEARS. FOR THE PAYMENT OF SMART SCHOOLS PROJECTS, INCLUDING
 BUT  NOT  LIMITED  TO  PRE-KINDERGARTEN PROJECTS, COMMUNITY CONNECTIVITY
 PROJECTS, AND CLASSROOM TECHNOLOGY PROJECTS, ALL AS DEFINED IN  SUBDIVI-
 SION  EIGHTEEN  OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THE EDUCATION
 LAW AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE  LAWS  OF  TWO  THOUSAND
 TWENTY-FOUR,  ENACTING  AND  CONSTITUTING  THE SMART SCHOOLS BOND ACT OF
 2024. THIRTY YEARS  FOR  PRE-KINDERGARTEN  PROJECTS,  TWENTY  YEARS  FOR
 COMMUNITY  CONNECTIVITY  PROJECTS,  EIGHTEEN YEARS FOR ENERGY EFFICIENCY
 PROJECTS, TWELVE YEARS FOR ZERO-EMISSION SCHOOL BUS CHARGING INFRASTRUC-
 TURE PROJECTS, AND EIGHT YEARS  FOR  CLASSROOM  TECHNOLOGY  PROJECTS  OR
 SCHOOL  SAFETY  AND  SECURITY TECHNOLOGY PROJECTS.   NOTWITHSTANDING THE
 FOREGOING, FOR THE PURPOSES OF CALCULATING ANNUAL    DEBT  SERVICE,  THE
 STATE COMPTROLLER SHALL APPLY A WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE
 OF  SUCH  SMART  SCHOOLS  PROJECTS,  INCLUDING  WITH  ANY OTHER WORKS OR
 PURPOSES TO BE FINANCED WITH STATE  DEBT.  WEIGHTED  AVERAGE  PERIOD  OF
 PROBABLE  LIFE  SHALL BE DETERMINED BY COMPUTING THE SUM OF THE PRODUCTS
 DERIVED FROM MULTIPLYING THE DOLLAR VALUE OF THE  PORTION  OF  THE  DEBT
 CONTRACTED  FOR  EACH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) BY
 THE PROBABLE LIFE OF  SUCH  WORK  OR  PURPOSE  (OR  CLASS  OF  WORKS  OR
 PURPOSES)  AND  DIVIDING  THE  RESULTING  SUM BY THE DOLLAR VALUE OF THE
 ENTIRE DEBT AFTER TAKING INTO CONSIDERATION ANY ORIGINAL  ISSUE  PREMIUM
 OR DISCOUNT.
   § 4. Section 755 of the education law, as added by section 4 of part C
 of chapter 56 of the laws of 2014, is amended to read as follows:
 A. 8806--B                         56
 
   §  755.  Loan of smart schools classroom technology. 1. In the several
 cities and school districts of the state, school authorities, as defined
 in subdivision twelve of section two of this  chapter,  shall  have  the
 power  and  duty,  to the extent provided in this section, to loan, upon
 request  of an individual or a group of individual pupils, to all pupils
 legally attending nonpublic elementary or secondary schools  located  in
 the  school district, smart schools classroom technology acquired pursu-
 ant to [subdivision] SUBDIVISIONS sixteen AND EIGHTEEN of section  thir-
 ty-six  hundred forty-one of this chapter which is designated for use in
 any public elementary or secondary schools of the state or  is  approved
 by any school authorities.  Such smart schools classroom technology made
 available to nonpublic students shall be limited to that allowable under
 [both]  paragraph  seven  of  subdivision  sixteen of section thirty-six
 hundred forty-one of this chapter, PARAGRAPH SIX OF SUBDIVISION EIGHTEEN
 OF SECTION THIRTY-SIX HUNDRED FORTY-ONE  OF  THIS  CHAPTER  and  section
 seven  hundred  fifty-four of this article. Such smart schools classroom
 technology is to be loaned free to such children,  commencing  with  the
 two thousand fourteen--two thousand fifteen school year, subject to such
 rules  and  regulations  as  are  or  may  be prescribed by the board of
 regents and such school authorities.
   2. No school district shall be required to loan smart  schools  class-
 room  technology  in  excess  of  the smart schools classroom technology
 acquired by such district pursuant to [subdivision] SUBDIVISIONS sixteen
 AND EIGHTEEN of section thirty-six hundred forty-one  of  this  chapter.
 Such  smart schools classroom technology shall be loaned on an equitable
 basis to children attending nonpublic schools in  the  district  in  the
 current  year,  provided that nothing in this article shall be construed
 to require a school district to loan  to  children  attending  nonpublic
 schools,  pursuant  to this section, classroom technology purchased with
 local or federal funds or with state funds other than funds  apportioned
 pursuant  to  subdivision  sixteen of section [three hundred sixty-four]
 THIRTY-SIX HUNDRED FORTY-ONE of this chapter, and provided further  that
 no  school  district  may  loan smart schools classroom technology in an
 aggregate amount greater than two hundred fifty  dollars  multiplied  by
 the  nonpublic school enrollment in the base year, at time of enactment,
 as defined in subparagraph three of paragraph n of  subdivision  one  of
 section  thirty-six  hundred two of this chapter. The payment of tuition
 under article eighty-nine of this chapter is deemed to be  an  equitable
 loan  to  children  for whom such tuition is paid, and the provisions of
 this section shall not apply.
   3. School authorities shall adopt regulations specifying the  date  by
 which  requests  for  the  purchase  and loan of smart schools classroom
 technology must be received by the district. Notice of such  date  shall
 be  given  to all [non-public] NONPUBLIC schools in the school district.
 For the two thousand fourteen--two thousand fifteen  school  year,  such
 date  shall  not be earlier than the first day of January of such school
 year, and for the two thousand fifteen--two thousand sixteen school year
 and thereafter, such date shall not be earlier than  the  first  day  of
 June  of  the  school  year  prior  to that for which such smart schools
 classroom technology is  being  requested,  provided,  however,  that  a
 parent  or  guardian  of a child not attending a particular [non-public]
 NONPUBLIC school prior to January first or  June  first  of  the  school
 year,  as  applicable,  may  submit  a written request for smart schools
 classroom technology within thirty days after such child is enrolled  in
 such  [non-public]  NONPUBLIC  school.  In  no  event,  however, shall a
 request made later than the times otherwise provided  pursuant  to  this
 A. 8806--B                         57
 
 subdivision  be  denied  where a reasonable explanation is given for the
 delay in making the request.
   §  5. If otherwise applicable, all work performed on a project author-
 ized by this act shall be subject to article eight of the labor law  and
 shall  be  subject to the enforcement of prevailing wage requirements by
 the department of labor.
   § 6.  If any clause, sentence, paragraph, 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 ther-
 eof, but shall be confined in its operation  to  the  clause,  sentence,
 paragraph,  section or part thereof directly involved in the controversy
 in which such judgment shall have been rendered.
   § 7. This act shall take effect only in the event that  section  1  of
 part  FF  of  a chapter of the laws of 2024, enacting the "smart schools
 bond act of 2024," is submitted to the people at the general election to
 be held in November 2024 and is approved by a majority of all votes cast
 for and against it at such election. Upon such approval, this act  shall
 take effect immediately. Effective immediately, the addition, amendment,
 and/or repeal of any rule or regulation necessary for the implementation
 of  the foregoing sections of this act are authorized and directed to be
 made and completed on or before such effective date.
 
                                  PART II
 
   Section 1. Article 20 and sections 1000 and 1001 of the general munic-
 ipal law, as renumbered by chapter 84 of the laws of  1981,  are  renum-
 bered  article  21  and  sections 1100 and 1101, respectively, and a new
 article 20 is added to read as follows:
                                 ARTICLE 20
                          PRO-HOUSING COMMUNITIES
 SECTION 1001. DEFINITIONS.
         1002. CERTIFICATION OF PRO-HOUSING COMMUNITIES.
         1003. REPORTING.
   § 1001. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY FOR THE  PURPOSES
 OF THIS ARTICLE:
   1.  "THE  DIVISION"  SHALL  MEAN THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL.
   2. "METROPOLITAN TRANSPORTATION COMMUTER DISTRICT" SHALL REFER TO  THE
 COUNTIES  OF  THE  BRONX,  KINGS  (BROOKLYN), NEW YORK, RICHMOND (STATEN
 ISLAND),  QUEENS,  WESTCHESTER,  ORANGE,  PUTNAM,  DUTCHESS,   ROCKLAND,
 NASSAU, AND SUFFOLK.
   3. "MUNICIPALITY" SHALL MEAN ANY CITY, TOWN, OR VILLAGE.
   4.  "PERMITTING DOCUMENTATION" SHALL MEAN DOCUMENTATION AND DATA TO BE
 SUBMITTED TO THE DIVISION IN A MANNER AND FORMAT TO BE DIRECTED  BY  THE
 DIVISION  PURSUANT TO RULES AND REGULATIONS DEVELOPED AFTER CONSULTATION
 WITH RELEVANT STAKEHOLDERS.
   5. "PRO-HOUSING COMMUNITY PROGRAM" SHALL MEAN THE FOLLOWING PROGRAMS:
   (A) THE DOWNTOWN REVITALIZATION INITIATIVE ADMINISTERED BY THE DEPART-
 MENT OF STATE;
   (B) THE NY FORWARD PROGRAM ADMINISTERED BY THE DEPARTMENT OF STATE;
   (C) THE REGIONAL COUNCIL CAPITAL FUND PROGRAM ADMINISTERED  BY  EMPIRE
 STATE DEVELOPMENT CORPORATION;
   (D)  THE  NEW  YORK MAIN STREET PROGRAM ADMINISTERED BY NEW YORK STATE
 HOMES AND COMMUNITY RENEWAL;
   (E) ANY CAPITAL GRANTS MADE PURSUANT TO THE MARKET  NEW  YORK  PROGRAM
 ADMINISTERED BY EMPIRE STATE DEVELOPMENT CORPORATION;
 A. 8806--B                         58
 
   (F)  THE  LONG  ISLAND  INVESTMENT  FUND  ADMINISTERED BY EMPIRE STATE
 DEVELOPMENT CORPORATION;
   (G) THE MID-HUDSON MOMENTUM FUND ADMINISTERED BY EMPIRE STATE DEVELOP-
 MENT CORPORATION; AND
   (H) THE PUBLIC TRANSPORTATION MODERNIZATION ENHANCEMENT PROGRAM ADMIN-
 ISTERED BY THE DEPARTMENT OF TRANSPORTATION.
   6.  "AFFECTED  STATE  ENTITIES"  MEANS  (A) ALL AGENCIES, OFFICES, AND
 DEPARTMENTS OVER WHICH THE GOVERNOR HAS EXECUTIVE AUTHORITY, AND (B) ALL
 PUBLIC BENEFIT CORPORATIONS, PUBLIC  AUTHORITIES,  BOARDS,  AND  COMMIS-
 SIONS,  FOR  WHICH THE GOVERNOR APPOINTS THE CHAIR, THE CHIEF EXECUTIVE,
 OR THE MAJORITY OF BOARD MEMBERS, EXCEPT FOR THE PORT AUTHORITY  OF  NEW
 YORK  AND  NEW  JERSEY,  ANY  INTERSTATE OR INTERNATIONAL AUTHORITIES AS
 DEFINED IN SECTION TWO OF THE PUBLIC  AUTHORITIES  LAW,  AND  ANY  LOCAL
 AUTHORITIES AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW.
   §  1002.  CERTIFICATION  OF  PRO-HOUSING  COMMUNITIES. 1. BEGINNING ON
 APRIL FIRST, TWO THOUSAND TWENTY-FOUR, A MUNICIPALITY SHALL BE CERTIFIED
 AS A PRO-HOUSING  COMMUNITY  BY  THE  DIVISION  WHEN  SUCH  MUNICIPALITY
 ACHIEVES ANY OF THE FOLLOWING:
   (A) IF SUCH MUNICIPALITY IS LOCATED IN THE METROPOLITAN TRANSPORTATION
 COMMUTER  DISTRICT,  DEMONSTRATES  THROUGH  THE PERMITTING DOCUMENTATION
 THAT IT HAS INCREASED ITS HOUSING STOCK BY ONE  PERCENT  OVER  THE  PAST
 YEAR OR BY THREE PERCENT OVER THE PAST THREE YEARS;
   (B)  IF SUCH MUNICIPALITY IS NOT LOCATED IN THE METROPOLITAN TRANSPOR-
 TATION COMMUTER DISTRICT, DEMONSTRATES THROUGH THE PERMITTING DOCUMENTA-
 TION THAT IT HAS INCREASED ITS HOUSING STOCK BY ONE THIRD OF ONE PERCENT
 OVER THE PAST YEAR OR BY ONE PERCENT OVER THE PAST THREE YEARS; OR
   (C) DEMONSTRATES THAT THE MUNICIPALITY HAS  PREVIOUSLY  TAKEN  ACTIONS
 WITHIN  THE  PREVIOUS FIVE YEARS OR ADOPTS A RESOLUTION APPROVING ANY OF
 THE FOLLOWING ACTIONS:
   (I) STREAMLINING PERMITTING FOR MULTIFAMILY HOUSING, AFFORDABLE  HOUS-
 ING,  ACCESSIBLE  HOUSING,  ACCESSORY  DWELLING  UNITS, TRANSIT-ORIENTED
 HOUSING, SUPPORTIVE HOUSING, SENIOR HOUSING, AND LGBTQ+ SENIOR HOUSING;
   (II) ADOPTING POLICIES TO AFFIRMATIVELY FURTHER FAIR HOUSING;
   (III) INCORPORATING REGIONAL HOUSING NEEDS INTO PLANNING DECISIONS;
   (IV) INCREASING DEVELOPMENT CAPACITY FOR RESIDENTIAL USES;
   (V) ENACTING POLICIES THAT ENCOURAGE A BROAD RANGE OF HOUSING DEVELOP-
 MENT INCLUDING BUT NOT LIMITED TO MULTIFAMILY HOUSING, AFFORDABLE  HOUS-
 ING,  ACCESSIBLE  HOUSING, ACCESSORY DWELLING UNITS, SUPPORTIVE HOUSING,
 SENIOR HOUSING, AND LGBTQ+ SENIOR HOUSING;
   (VI) ALLOWING FOR THE MINISTERIAL APPROVAL OF LOT SPLITS;
   (VII) CREATION OR ADOPTION OF A MUNICIPAL OR REGIONAL AFFORDABLE HOUS-
 ING PLAN;
   (VIII) MADE SUITABLE FOR OCCUPANCY PROPERTY  PREVIOUSLY  DEEMED  ABAN-
 DONED  PURSUANT  TO  ARTICLE NINETEEN-A OF THE REAL PROPERTY ACTIONS AND
 PROCEEDINGS LAW;
   (IX) AMENDING LAND-USE REQUIREMENTS TO  PERMIT  THE  CONSTRUCTION  AND
 OCCUPANCY  OF  RESIDENTIAL  HOUSING IN AN AREA THAT PREVIOUSLY PERMITTED
 ONLY INDUSTRIAL OR COMMERCIAL USE;
   (X) DECREASING MINIMUM LOT SIZE REQUIREMENTS; OR
   (XI) MAKING EXPENDITURES RELATED TO THE PRODUCTION OF HOUSING AND  THE
 REHABILITATION  OF  EXISTING  BUILDINGS AND STRUCTURES INCLUDING BUT NOT
 LIMITED TO LAND ACQUISITION, PLANNING, ENGINEERING, CONSTRUCTION  COSTS,
 AND  OTHER  HARD  AND  SOFT  COSTS DIRECTLY RELATED TO THE CONSTRUCTION,
 REHABILITATION, PURCHASE OR RENTAL OF HOUSING.
   2. THE DIVISION SHALL ACT ON AN APPLICATION  FOR  CERTIFICATION  AS  A
 PRO-HOUSING COMMUNITY WITHIN NINETY DAYS OF RECEIPT.
 A. 8806--B                         59
 
   A.  CERTIFICATION AS A PRO-HOUSING COMMUNITY WILL REMAIN IN EFFECT FOR
 THREE YEARS FROM THE DATE OF SUCH  CERTIFICATION,  AFTER  WHICH  TIME  A
 MUNICIPALITY MAY APPLY FOR RE-CERTIFICATION.
   B. ANY MUNICIPALITY CERTIFIED AS A "PRO-HOUSING COMMUNITY" PURSUANT TO
 EXECUTIVE  ORDER  THIRTY  OF  TWO  THOUSAND  TWENTY-THREE PRIOR TO APRIL
 FIRST, TWO THOUSAND TWENTY-FOUR SHALL BE DEEMED A PRO-HOUSING  COMMUNITY
 PURSUANT  TO  THIS  ARTICLE  AND  SHALL  LIKEWISE HAVE ITS CERTIFICATION
 EXPIRE THREE YEARS FROM THE DATE IT  WAS  CERTIFIED  AS  A  "PRO-HOUSING
 COMMUNITY"  AND  SHALL COMPLY WITH ALL REQUIREMENTS OF THIS ARTICLE WHEN
 APPLYING FOR RE-CERTIFICATION.
   C. A MUNICIPALITY THAT HAS BEEN CERTIFIED AS A  PRO-HOUSING  COMMUNITY
 AS  PROVIDED  IN  PARAGRAPH  A  OR PARAGRAPH B OF THIS SUBDIVISION SHALL
 ANNUALLY REPORT TO THE DIVISION INFORMATION RELATED TO ITS ACTIONS AS  A
 PRO-HOUSING COMMUNITY INCLUDING RELEVANT HOUSING PERMIT DATA AND UPDATES
 IN  ZONING REGULATIONS. IN THE CASE OF A MUNICIPALITY THAT HAS ADOPTED A
 RESOLUTION PURSUANT TO THIS SECTION SUCH REPORT SHALL  INCLUDE  INFORMA-
 TION  REGARDING  THE  PROGRESS OF THE MUNICIPALITY TOWARD THE ACTIONS OR
 GOALS STATED IN THE RESOLUTION.
   3. CERTIFICATION AS A PRO-HOUSING COMMUNITY  SHALL  QUALIFY  THE  PRO-
 HOUSING  COMMUNITY FOR   PRIORITY   AMONG  OTHER  MUNICIPAL APPLICATIONS
 FOR  SUCH FUNDS ADMINISTERED UNDER A PRO-HOUSING COMMUNITY PROGRAM.
   4. WHEN EVALUATING PRO-HOUSING COMMUNITY  CERTIFICATION  APPLICATIONS,
 THE  DIVISION  SHALL FURTHER PRIORITIZE MUNICIPALITIES THAT HAVE ADOPTED
 ACTIONS RELATED TO AFFORDABLE HOUSING, SUPPORTIVE HOUSING,  ADOPTION  OF
 AN  AFFORDABLE HOUSING PLAN, AND ACTIONS PURSUANT TO SUBPARAGRAPH (VIII)
 OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION.
   5. AN AFFECTED STATE ENTITY THAT ADMINISTERS ANY PRO-HOUSING COMMUNITY
 PROGRAM SHALL GIVE PRIORITY AMONG THE MUNICIPAL  APPLICATIONS  FOR  SUCH
 FUNDS TO THOSE APPLICATIONS MADE BY MUNICIPALITIES THAT HAVE BEEN CERTI-
 FIED  AS  PRO-HOUSING  COMMUNITIES,  AND  SHALL FURTHER PRIORITIZE AMONG
 CERTIFIED PRO-HOUSING COMMUNITIES THOSE IDENTIFIED BY THE  DIVISION  FOR
 FURTHER  PRIORITIZATION  PURSUANT  TO  SUBDIVISION FOUR OF THIS SECTION.
 PROVIDED, HOWEVER, THAT APPLICATIONS MADE BY  MUNICIPALITIES  THAT  HAVE
 NOT  BEEN CERTIFIED AS PRO-HOUSING COMMUNITIES WILL NOT BE DEPRIORITIZED
 RELATIVE TO APPLICATIONS FROM CERTIFIED PRO-HOUSING COMMUNITIES  IF  THE
 APPLICATION  FROM  THE  NON-CERTIFIED  MUNICIPALITY IS EXPRESSLY FOR THE
 PURPOSE OF FUNDING HOUSING DEVELOPMENT, INCLUDING MIXED-USE DEVELOPMENTS
 THAT CONTAIN HOUSING COMPONENTS, OR WOULD FUND  NON-HOUSING  INVESTMENTS
 NECESSARY FOR AND MADE IN RELATION TO A PARTICULAR HOUSING DEVELOPMENT.
   §  1003.  REPORTING.  1. THE COMMISSIONER OF THE DIVISION SHALL SUBMIT
 AND MAKE PUBLICLY AVAILABLE ON ITS  WEBSITE  AN  ANNUAL  REPORT  TO  THE
 GOVERNOR,  THE  SPEAKER  OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF
 THE SENATE, ON OR BEFORE FEBRUARY FIRST OF EACH  YEAR,  THAT  SUMMARIZES
 THE  UTILIZATION  OF  THE  PRO-HOUSING  COMMUNITY  CERTIFICATION FOR THE
 PREVIOUS FISCAL YEAR.
   2. SUCH REPORT SHALL CONTAIN INFORMATION PERTAINING  TO  THE  PREVIOUS
 FISCAL YEAR INCLUDING, BUT NOT LIMITED TO:
   (A)  THE  NUMBER  OF  MUNICIPALITIES  THAT APPLIED FOR THE PRO-HOUSING
 COMMUNITY CERTIFICATION;
   (B) THE NUMBER OF MUNICIPALITIES CERTIFIED AS A PRO-HOUSING COMMUNITY;
   (C) THE NUMBER OF MUNICIPALITIES THAT  APPLIED  FOR  FUNDS  THROUGH  A
 PRO-HOUSING COMMUNITY PROGRAM;
   (D)  THE  NUMBER  OF  PRO-HOUSING  COMMUNITIES  THAT APPLIED FOR FUNDS
 THROUGH A PRO-HOUSING COMMUNITY PROGRAM;
   (E) THE NUMBER OF MUNICIPALITIES THAT RECEIVED AWARDS FROM A PRO-HOUS-
 ING COMMUNITY PROGRAM;
 A. 8806--B                         60
 
   (F) THE NUMBER OF PRO-HOUSING COMMUNITIES THAT RECEIVED AWARDS FROM  A
 PRO-HOUSING COMMUNITY PROGRAM;
   (G) THE NUMBER OF HOUSING UNITS PERMITTED IN EACH PRO-HOUSING COMMUNI-
 TY;
   (H) THE NUMBER OF HOUSING UNITS COMPLETED IN EACH MUNICIPALITY;
   (I) THE NUMBER OF AFFORDABLE HOUSING UNITS PERMITTED IN EACH PRO-HOUS-
 ING COMMUNITY;
   (J)  THE  NUMBER OF AFFORDABLE HOUSING UNITS COMPLETED IN EACH MUNICI-
 PALITY;
   (K) THE AREA MEDIAN INCOME REQUIREMENTS  OF  SUCH  AFFORDABLE  HOUSING
 UNITS IF APPLICABLE; AND
   (L)  THE  NUMBER  OF PRO-HOUSING COMMUNITIES THAT ADOPTED A RESOLUTION
 DESCRIBED IN SECTION ONE THOUSAND TWO OF THIS ARTICLE AND THE NUMBER  OF
 THOSE  PRO-HOUSING  COMMUNITIES THAT MADE PROGRESS TOWARD THE ACTIONS OR
 GOALS STATED IN THE RESOLUTION.
   § 2. This act shall take effect immediately.
 
                                  PART JJ
 
   Section 1.  Short title.  This act shall be known and may be cited  as
 the  "Increasing  Nutrition  Support  for Prenatal and Infant REsiliency
 ("INSPIRE") pilot program".
   § 2. The social services law is amended by adding a new section  152-e
 to read as follows:
   §  152-E. INCREASING NUTRITION SUPPORT FOR PRENATAL AND INFANT RESILI-
 ENCY "INSPIRE" PILOT PROGRAM. 1. THE OFFICE OF TEMPORARY AND  DISABILITY
 ASSISTANCE  SHALL  ESTABLISH A ONE YEAR PILOT PROGRAM TO PROVIDE MONTHLY
 ALLOWANCE TO SUPPORT LOW-INCOME MOTHERS AND INFANTS.
   2. PREGNANT INDIVIDUALS AND FAMILIES WITH A CHILD UNDER THE AGE OF ONE
 YEAR WHO ARE PUBLIC ASSISTANCE RECIPIENTS, OR INCOME ELIGIBLE TO RECEIVE
 PUBLIC ASSISTANCE SHALL BE ELIGIBLE  TO  RECEIVE  A  SUBSIDY  UNDER  THE
 PROGRAM.    ELIGIBLE INDIVIDUALS SHALL RECEIVE A SUBSIDY OF FOUR HUNDRED
 DOLLARS PER MONTH FOR THE LAST THREE MONTHS OF PREGNANCY AND  THE  FIRST
 TWELVE MONTHS OF A CHILD'S LIFE UNDER THE PROGRAM.
   3.  THE  DEPARTMENT SHALL ALLOCATE THE NECESSARY FUNDS TO LOCAL SOCIAL
 SERVICES DISTRICTS FOR THIS PURPOSE.   MONTHLY  DISTRIBUTIONS  SHALL  BE
 MADE  BY  LOCAL SOCIAL SERVICES DISTRICTS ON THE FIRST OF EACH MONTH FOR
 THE DURATION OF THE PROGRAM TO ELIGIBLE PARTICIPANTS.
   4. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  SHALL  DETERMINE
 HOW INCOME SHALL BE VERIFIED TO DETERMINE ELIGIBILITY UNDER THE PROGRAM.
   5.  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, IN COORDINATION
 WITH LOCAL SOCIAL SERVICES DISTRICTS, SHALL ASSIST ELIGIBLE PARTICIPANTS
 WITH ACCESS TO RESOURCES, SUBSIDY MANAGEMENT, AND ANY  OTHER  ASSISTANCE
 DEEMED NECESSARY BY SUCH OFFICE.
   6.  ANY  FINANCIAL ASSISTANCE RECEIVED BY INDIVIDUALS FROM THE MONTHLY
 ALLOWANCE ESTABLISHED UNDER THIS SECTION SHALL BE EXEMPT AND DISREGARDED
 FOR THE PURPOSES OF ELIGIBILITY FOR ANY PILOT  PROGRAM  IN  RELATION  TO
 DIRECT CASH TRANSFERS.
   §  3.  Paragraph  (a)  of subdivision 8 of section 131-a of the social
 services law is amended by adding a new subparagraph (xiv)  to  read  as
 follows:
   (XIV) ANY FINANCIAL ASSISTANCE RECEIVED BY INDIVIDUALS FROM THE MONTH-
 LY  ALLOWANCE  FROM  THE  INCREASING  NUTRITION SUPPORT FOR PRENATAL AND
 INFANT  RESILIENCY  "INSPIRE"  PROGRAM   UNDER   SECTION   ONE   HUNDRED
 FIFTY-TWO-E OF THIS TITLE.  SUCH EXEMPTION AND DISREGARD SHALL BE APPLI-
 CABLE FOR THE LENGTH OF TIME THE INDIVIDUAL RECEIVES THE ALLOWANCE.  THE
 A. 8806--B                         61
 
 COMMISSIONER SHALL SEEK FEDERAL WAIVER AUTHORITY TO DISREGARD THE INCOME
 FROM  THIS  ALLOWANCE  FOR  THE  PURPOSE  OF  THE SUPPLEMENTAL NUTRITION
 ASSISTANCE PROGRAM.
   § 4. This act shall take effect immediately.

                                  PART KK
 
   Section  1.  Section 370 of the education law is amended by adding two
 new subdivisions 6-a and 6-b to read as follows:
   6-A. "LARGE-SCALE CONSTRUCTION PROJECT" SHALL  MEAN  ANY  CONSTRUCTION
 PROJECT  FOR  WHICH THE TOTAL ESTIMATED COST IS THREE MILLION DOLLARS OR
 MORE AND:
   (I) WHICH IS PERFORMED UNDER THE APPROVED MASTER CAPITAL PLAN  OF  THE
 STATE  UNIVERSITY  SUBMITTED PURSUANT TO SUBDIVISION THIRTEEN OF SECTION
 THREE HUNDRED FIFTY-FIVE OF THIS CHAPTER; OR
   (II) WHICH INVOLVES  THE  CONSTRUCTION,  ACQUISITION,  RECONSTRUCTION,
 REHABILITATION  OR  IMPROVEMENT  OF  ACADEMIC BUILDINGS, DORMITORIES AND
 OTHER  FACILITIES  THAT  ARE  UNIVERSITY-RELATED  ECONOMIC   DEVELOPMENT
 PROJECTS  AUTHORIZED  BY  LAW PURSUANT TO SECTION THREE HUNDRED SEVENTY-
 TWO-A OF THIS ARTICLE.
   6-B. "PROJECT LABOR AGREEMENT" SHALL HAVE  THE  SAME  MEANING  AS  SET
 FORTH IN SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
   §  2.  Section  376  of  the  education law is amended by adding a new
 subdivision 11 to read as follows:
   11. (A) EACH LARGE-SCALE CONSTRUCTION PROJECT SHALL ONLY BE UNDERTAKEN
 PURSUANT TO A PROJECT LABOR AGREEMENT IN  ACCORDANCE  WITH  SECTION  TWO
 HUNDRED TWENTY-TWO OF THE LABOR LAW.
   (B)  FOR  ANY PROJECT WHICH DOES NOT UTILIZE A PROJECT LABOR AGREEMENT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE FUND SHALL PROVIDE  A
 SPECIFIC  WRITTEN EXPLANATION OF WHY A PROJECT LABOR AGREEMENT WOULD NOT
 BE CONSISTENT WITH PARAGRAPH (A)  OF  SUBDIVISION  TWO  OF  SECTION  TWO
 HUNDRED TWENTY-TWO OF THE LABOR LAW AND WHY A PROJECT LABOR AGREEMENT ON
 THE  PROJECT  WOULD  OTHERWISE  BE INCONSISTENT WITH STATUTES, RULES, OR
 REGULATIONS APPLICABLE TO THE FUND.
   AN EXCEPTION SHALL BE GRANTED FOR A PARTICULAR PROJECT CONTRACT BY THE
 SOLICITATION DATE.
   (C) A LETTING AGENCY MAY REQUIRE THE USE OF A PROJECT LABOR  AGREEMENT
 ON  CONSTRUCTION  PROJECTS WHERE THE TOTAL COST TO THE FUND IS LESS THAN
 THAT FOR A LARGE-SCALE CONSTRUCTION PROJECT, IF  CONSISTENT  WITH  PARA-
 GRAPH  (A)  OF  SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-TWO OF THE
 LABOR LAW.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  and  shall  apply  to  all contracts entered into,
 renewed, modified or amended on or after such date.
 
                                  PART LL
 
   Section 1. The executive law is amended by adding a new article 29  to
 read as follows:
                                ARTICLE 29
               NEW YORK STATE OFFICE OF CIVIL REPRESENTATION
 SECTION 827. OFFICE OF CIVIL REPRESENTATION.
         828. POWERS AND DUTIES OF THE OFFICE OF CIVIL REPRESENTATION.
         829. DEFINITIONS.
         830. PROVISION  OF LEGAL REPRESENTATION, LEGAL CONSULTATION, AND
                COMMUNITY EDUCATION.
 A. 8806--B                         62
 
   § 827. OFFICE OF CIVIL REPRESENTATION. 1. THERE IS HEREBY  ESTABLISHED
 IN  THE EXECUTIVE DEPARTMENT AN OFFICE OF CIVIL REPRESENTATION TO CREATE
 AND IMPLEMENT A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES PURSUANT  TO
 SECTION EIGHT HUNDRED TWENTY-EIGHT OF THIS ARTICLE.
   2.  THE  OFFICE  SHALL BE HEADED BY AN EXECUTIVE DIRECTOR WHO SHALL BE
 APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE.
   § 828. POWERS AND DUTIES OF THE OFFICE OF  CIVIL  REPRESENTATION.  THE
 EXECUTIVE DIRECTOR SHALL HAVE THE POWER AND DUTY TO:
   1.  ESTABLISH  A  PROGRAM  TO  PROVIDE  LEGAL REPRESENTATION AND LEGAL
 CONSULTATION INCLUDING ENTERING INTO CONTRACTS AND AGREEMENTS AS MAY  BE
 NECESSARY, IN ACCORDANCE WITH SECTION EIGHT HUNDRED THIRTY OF THIS ARTI-
 CLE;
   2.  PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT  REGARDING  THE
 PROGRAM  CREATED  UNDER  SECTION  EIGHT  HUNDRED THIRTY OF THIS ARTICLE.
 SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO THE  FOLLOWING  INFORMA-
 TION,  DISAGGREGATED  BY COUNTY, PROVIDED, HOWEVER, THAT THE INFORMATION
 SHALL NOT BE REQUIRED FOR EVERY CASE WHERE  THE  INDIVIDUAL  REFUSES  TO
 PROVIDE THE INFORMATION OR THE INFORMATION IS NOT REASONABLY ASCERTAINA-
 BLE:
   (A) THE TOTAL NUMBER OF PEOPLE PROVIDED LEGAL REPRESENTATION AND LEGAL
 CONSULTATION;
   (B)  THE  OUTCOMES  OF THE CASES PROVIDED LEGAL REPRESENTATION AND, TO
 THE EXTENT KNOWN, THE OUTCOMES OF THE CASES PROVIDED LEGAL CONSULTATION;
   (C) GENDER, RACE, ETHNICITY, AND AGE;
   (D) POSTAL CODE OF RESIDENCE;
   (E) HOUSEHOLD SIZE;
   (F) ESTIMATED LENGTH OF TENANCY;
   (G) APPROXIMATE HOUSEHOLD INCOME;
   (H) RECEIPT OF ONGOING  PUBLIC  ASSISTANCE  AT  THE  TIME  SUCH  LEGAL
 SERVICES WERE INITIATED;
   (I) TENANCY IN RENT-REGULATED HOUSING;
   (J)  TENANCY  IN  HOUSING OPERATED BY OR SUBSIDIZED THROUGH A FEDERAL,
 STATE OR LOCAL RENTAL SUBSIDY PROGRAM;
   (K) LEGAL SERVICES PROVIDED BY TYPE OF LEGAL ISSUE;
   (L) A LIST OF DESIGNATED LEGAL ORGANIZATIONS, THE GEOGRAPHIC REGION IN
 WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND  THE  AMOUNT  OF  FUNDING
 PROVIDED TO EACH;
   (M)  OUTCOMES IMMEDIATELY FOLLOWING THE PROVISION OF FULL LEGAL REPRE-
 SENTATION, AS APPLICABLE AND AVAILABLE, INCLUDING, BUT NOT  LIMITED  TO,
 THE NUMBER OF:
   (I) JUDGMENTS ALLOWING INDIVIDUALS TO REMAIN IN THEIR RESIDENCE;
   (II)  JUDGMENTS REQUIRING INDIVIDUALS TO BE DISPLACED FROM THEIR RESI-
 DENCE; AND
   (III) INSTANCES WHERE  AN  ATTORNEY  REPRESENTING  AN  INCOME-ELIGIBLE
 INDIVIDUAL WAS DISCHARGED OR WITHDREW;
   (N) A LIST OF LANDLORDS INVOLVED IN EVICTION PROCEEDINGS;
   (O)  RESIDENTIAL  EVICTIONS  CONDUCTED  BY  SHERIFFS OR CITY MARSHALS,
 DISAGGREGATED BY COUNTY;
   (P) A LIST  OF  DESIGNATED  COMMUNITY  ORGANIZATIONS,  THE  GEOGRAPHIC
 REGION  IN  WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF
 FUNDING PROVIDED TO EACH;
   (Q) THE NUMBER OF BUILDINGS  IN  WHICH  OUTREACH  WAS  CONDUCTED,  THE
 NUMBER  OF WORKSHOPS OFFERED, THE NUMBER OF ATTENDEES AT SUCH WORKSHOPS,
 THE NUMBER OF PEOPLE REFERRED TO NON-PROFITS HAVING STATUS UNDER SECTION
 A. 8806--B                         63
 
 501 (C) (3) OF THE UNITED STATES INTERNAL REVENUE CODE, AND  THE  NUMBER
 OF TRAININGS OFFERED; AND
   (R) AN EVALUATION OF IMPLEMENTATION CHALLENGES AND RECOMMENDATIONS FOR
 ANY FUTURE PROGRAMMATIC IMPROVEMENTS.
   3. PROVIDE AN ANNUAL ESTIMATE FOR THE FUNDING NECESSARY FOR THE OPERA-
 TION OF THE PROGRAM UNDER SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE;
   4.  COORDINATE  WITH  OTHER PROGRAMS PROVIDING LEGAL REPRESENTATION IN
 COVERED PROCEEDINGS TO ENSURE EFFICIENCY OF  FUNCTIONS  AND  TO  PREVENT
 DUPLICATION OF WORK;
   5.  SUBJECT  TO AVAILABLE FUNDING, CREATE A PROGRAM PROVIDING OUTREACH
 AND EDUCATION THROUGH DESIGNATED LEGAL ORGANIZATIONS, OR OTHER COMMUNITY
 ORGANIZATIONS, TO SPREAD AWARENESS OF THE AVAILABILITY OF  LEGAL  REPRE-
 SENTATION AND LEGAL CONSULTATION BY SUCH DESIGNATED LEGAL ORGANIZATIONS;
   6.  CREATE AND MAKE AVAILABLE RESOURCES FOR INDIVIDUALS WITH REGARD TO
 THEIR RIGHTS IN CIVIL LEGAL MATTERS REGARDING HOUSING ACCOMMODATIONS  IN
 THE  LANGUAGES  REQUIRED  BY LAW AND SUCH ADDITIONAL LANGUAGES AS MAY BE
 NECESSARY; AND
   7. PROMULGATES ANY RULES, REGULATIONS, AND GUIDANCE NECESSARY FOR  THE
 IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE.
   §  829.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE  NEW  YORK
 STATE OFFICE OF CIVIL REPRESENTATION.
   2. "OFFICE" MEANS THE NEW YORK STATE OFFICE OF CIVIL REPRESENTATION.
   3.  "ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS AT RISK OF LOSING
 THEIR HOUSING ACCOMMODATION IN A  COVERED  PROCEEDING  AND  WHO  HAS  AN
 INCOME  AT  OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME AND, WHERE
 APPLICABLE, DOES NOT OTHERWISE QUALIFY FOR  LEGAL  REPRESENTATION  UNDER
 ANY OTHER PROGRAM PROVIDING INDIVIDUALS LEGAL REPRESENTATION OPERATED OR
 FUNDED BY A MUNICIPALITY, AS WELL AS ANY OTHER INDIVIDUAL MEETING CRITE-
 RIA  DEVELOPED  BY  THE  OFFICE, WHICH MAY INCLUDE BUT NOT BE LIMITED TO
 INDIVIDUALS ELIGIBLE FOR A STAY ON THE ISSUANCE OF A WARRANT OF EVICTION
 UNDER SECTION SEVEN HUNDRED FIFTY-THREE OF THE REAL PROPERTY ACTIONS AND
 PROCEEDINGS LAW.
   4. "COVERED PROCEEDING" MEANS ANY PROCEEDING TO EVICT AN INDIVIDUAL OR
 OTHERWISE TERMINATE A TENANCY, ANY OTHER PROCEEDING THAT  IS  LIKELY  TO
 RESULT  IN AN INDIVIDUAL LOSING SUCH INDIVIDUAL'S HOUSING ACCOMMODATION,
 AS DETERMINED BY THE OFFICE, OR A  PROCEEDING  BROUGHT  BY  AN  ELIGIBLE
 INDIVIDUAL TO ENFORCE THE WARRANTY OF HABITABILITY OR IN RESPONSE TO THE
 UNLAWFUL  ACTIONS  OF  A  LANDLORD, AS WELL AS ANY APPEALS FROM ANY SUCH
 PROCEEDINGS.
   5. "DESIGNATED LEGAL ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501(C)(3)  OF  THE
 UNITED  STATES  INTERNAL  REVENUE  CODE THAT HAS THE CAPACITY TO PROVIDE
 COMPREHENSIVE AND EFFECTIVE LEGAL SERVICES FOR THE  PROGRAM  ESTABLISHED
 UNDER  SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE. TO THE EXTENT PRAC-
 TICABLE, SUCH DESIGNATED LEGAL ORGANIZATIONS SHALL BE ORGANIZATIONS THAT
 MAINTAIN A PRACTICE OF FURNISHING FREE OR REDUCED COST LEGAL SERVICES TO
 INDIVIDUALS;  POSSESS  EXPERTISE  IN  THE  AREAS  OF  LAW  FOR   COVERED
 PROCEEDINGS;  HAVE A DEMONSTRATED HISTORY OR PRACTICE WITH REGARD TO THE
 LEGAL ISSUES FACING LOW-INCOME RESIDENTS  OF  THE  STATE  OF  NEW  YORK;
 POSSESS  ADEQUATE  INFRASTRUCTURE  TO PROVIDE CONSISTENT LEGAL REPRESEN-
 TATION AND/OR LEGAL CONSULTATION.
   6. "DESIGNATED COMMUNITY ORGANIZATION" MEANS A  NOT-FOR-PROFIT  ORGAN-
 IZATION  OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501(C)(3)
 OF THE UNITED STATES INTERNAL REVENUE CODE  THAT  HAS  THE  CAPACITY  TO
 A. 8806--B                         64
 
 PROVIDE  EDUCATION  IN A PROGRAM ESTABLISHED UNDER SECTION EIGHT HUNDRED
 THIRTY OF THIS ARTICLE.  TO  THE  EXTENT  PRACTICABLE,  SUCH  DESIGNATED
 COMMUNITY  ORGANIZATION  SHALL  MAINTAIN  A  PRACTICE OF FURNISHING FREE
 SERVICES;  POSSESS  EXPERTISE  AND EXPERIENCE IN COMMUNITY EDUCATION AND
 ORGANIZING, AND TIES TO THE COMMUNITIES THEY SERVE;  DEMONSTRATE  EXPER-
 TISE  IN RECOGNIZING AND RESPONDING TO THE HOUSING ISSUES FACING LOW-IN-
 COME RESIDENTS OF THE STATE OF NEW YORK; POSSESS ADEQUATE  EXPERTISE  TO
 PROVIDE CONSISTENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVAL-
 UATION,  AND  STRATEGIC  RESPONSE  TO  EMERGING OR CHANGING NEEDS IN THE
 COMMUNITIES SERVED; AND MAINTAIN REASONABLE WORKLOADS AND WORKING CONDI-
 TIONS FOR THEIR STAFF.
    7. "LEGAL REPRESENTATION" MEANS ONGOING LEGAL REPRESENTATION PROVIDED
 BY A DESIGNATED LEGAL  ORGANIZATION  TO  ELIGIBLE  INDIVIDUALS  AND  THE
 PROVISION  OF  LEGAL ADVICE, ADVOCACY, AND ASSISTANCE, INCLUDING BUT NOT
 BE LIMITED TO: FILING A NOTICE OF APPEARANCE, FILING AND PREPARATION  OF
 PLEADINGS  AND  MOTIONS ON BEHALF OF ELIGIBLE INDIVIDUALS, COURT APPEAR-
 ANCES ON BEHALF OF ELIGIBLE INDIVIDUALS, PRE- AND POST-TRIAL  SETTLEMENT
 CONFERENCES,  AND ANY OTHER ACTIVITIES NEEDED TO PROVIDE LEGAL REPRESEN-
 TATION IN A COVERED PROCEEDING.
   8. "LEGAL CONSULTATION" MEANS THE PROVISION OF LEGAL ADVICE, INCLUDING
 ADVISING AN INDIVIDUAL, WHO IS  NOT  OTHERWISE  AN  ELIGIBLE  INDIVIDUAL
 UNDER  THIS  SECTION,  OF THE APPLICABLE LAWS AND REMEDIES PERTAINING TO
 THE COVERED PROCEEDING IN WHICH THEY ARE INVOLVED, PROVIDED BY A  DESIG-
 NATED LEGAL ORGANIZATION TO AN INDIVIDUAL WHO IS NOT OTHERWISE AN ELIGI-
 BLE INDIVIDUAL.
   9.  "HOUSING  ACCOMMODATION" MEANS THAT PART OF ANY BUILDING OR STRUC-
 TURE OR ANY PART THEREOF, PERMANENT OR TEMPORARY, OCCUPIED OR  INTENDED,
 ARRANGED  OR DESIGNED TO BE USED OR OCCUPIED, BY ONE OR MORE INDIVIDUALS
 AS A RESIDENCE, HOME, DWELLING UNIT OR APARTMENT, SLEEPING PLACE, BOARD-
 ING HOUSE, LODGING HOUSE OR HOTEL, AND ALL  ESSENTIAL  SERVICES,  PRIVI-
 LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH
 THE OCCUPATION THEREOF.
   §  830.  PROVISION  OF  LEGAL  REPRESENTATION, LEGAL CONSULTATION, AND
 COMMUNITY EDUCATION.  1. SUBJECT TO AVAILABLE FUNDING AND IN  ACCORDANCE
 WITH THIS ARTICLE, THE OFFICE SHALL DEVELOP PROGRAMS TO PROVIDE:
   (A)   LEGAL REPRESENTATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGAN-
 IZATIONS TO ELIGIBLE INDIVIDUALS IN COVERED PROCEEDINGS  THROUGHOUT  THE
 STATE;
   (B)  LEGAL CONSULTATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGANIZA-
 TIONS TO INDIVIDUALS NOT ELIGIBLE FOR LEGAL  REPRESENTATION  UNDER  THIS
 ARTICLE  AND  NOT  OTHERWISE  ELIGIBLE  FOR LEGAL CONSULTATION UNDER ANY
 PROGRAM OPERATED OR FUNDED BY A MUNICIPALITY; AND
   (C) COMMUNITY OUTREACH AND EDUCATION THROUGH ONE  OR  MORE  DESIGNATED
 LEGAL  ORGANIZATIONS AND/OR DESIGNATED COMMUNITY ORGANIZATIONS REGARDING
 THE PROGRAMS CREATED HEREIN.
   2. IN CREATING THE PROGRAMS UNDER SUBDIVISION ONE OF THIS SECTION, THE
 EXECUTIVE DIRECTOR SHALL CONSULT WITH THE FOLLOWING:
   (A) TENANTS AND/OR REPRESENTATIVES OF TENANTS,  AND  COMMUNITY  GROUPS
 REPRESENTING LOW-INCOME OR OTHER AT-RISK MEMBERS OF THE COMMUNITY;
   (B) LEGAL AND COMMUNITY-BASED ORGANIZATIONS;
   (C) REPRESENTATIVES OF THE JUDICIARY;
   (D)  REPRESENTATIVES  OF A MUNICIPALITY OPERATING OR FUNDING A PROGRAM
 PROVIDING LEGAL REPRESENTATION, LEGAL CONSULTATION, OR COMMUNITY  EDUCA-
 TION  AND  OUTREACH AND/OR REPRESENTATIVES OF THE ORGANIZATIONS INVOLVED
 IN SUCH PROGRAMS; AND
 A. 8806--B                         65
 
   (E) ANY OTHER ORGANIZATIONS OR INDIVIDUALS  AS  MAY  BE  NECESSARY  AS
 DETERMINED BY THE EXECUTIVE DIRECTOR.
   3.  THE  OFFICE  SHALL  POST  ON ITS WEBSITE INFORMATION REGARDING THE
 PROGRAMS CREATED UNDER THIS SECTION INCLUDING HOW INDIVIDUALS  MAY  FIND
 SERVICES AVAILABLE IN THEIR GEOGRAPHIC AREA.
   4. THE OFFICE SHALL HOLD ONE OR MORE HEARINGS OR LISTENING SESSIONS IN
 EACH  REGION  OF  THE  STATE ON AN ANNUAL BASIS TO EVALUATE THE PROGRAMS
 CREATED PURSUANT TO THIS SECTION AND TO INCORPORATE ANY NECESSARY CHANG-
 ES TO SUCH PROGRAMS.
   § 2. Section 701 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  ANY  COURT MAINTAINING A COVERED PROCEEDING, AS DEFINED BY SECTION
 EIGHT HUNDRED  TWENTY-NINE  OF  THE  EXECUTIVE  LAW,  SHALL  NOTIFY  ALL
 RESPONDENTS  BY  MAIL  UPON FILING OF A PETITION, NOT LESS THAN FOURTEEN
 DAYS BEFORE TRIAL, OF THE ABILITY  TO  OBTAIN  LEGAL  REPRESENTATION  OR
 LEGAL  CONSULTATION,  AS  APPLICABLE,  PURSUANT TO SECTION EIGHT HUNDRED
 THIRTY OF THE EXECUTIVE LAW.
   § 3. Subdivisions 1 and 2 of section 711 of the real property  actions
 and proceedings law, subdivision 1 as amended by chapter 305 of the laws
 of  1963 and subdivision 2 as amended by section 12 of part M of chapter
 36 of the laws of 2019, are amended to read as follows:
   1. The tenant continues in possession of any portion of  the  premises
 after the expiration of [his] SUCH TENANT'S term, without the permission
 of  the  landlord  or,  in  a  case  where  a  new lessee is entitled to
 possession, without the permission of the new lessee. Acceptance of rent
 after commencement of the special proceeding upon this ground shall  not
 terminate  such  proceeding  nor  effect  any award of possession to the
 landlord or to the new lessee, as the case may be. A proceeding  seeking
 to  recover  possession of real property by reason of the termination of
 the term fixed in the lease pursuant to a  provision  contained  therein
 giving  the landlord the right to terminate the time fixed for occupancy
 under such agreement if [he deem] SUCH LANDLORD DEEMS the tenant  objec-
 tionable,  shall not be maintainable unless the landlord shall by compe-
 tent evidence establish to the satisfaction of the court that the tenant
 is objectionable.  NO PROCEEDING SHALL BE MAINTAINED  UNLESS  THE  COURT
 HAS  NOTIFIED    AN  INDIVIDUAL OF THE ABILITY TO OBTAIN LEGAL REPRESEN-
 TATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSUANT TO  SECTION  EIGHT
 HUNDRED THIRTY OF THE EXECUTIVE LAW.
   2.  The  tenant  has defaulted in the payment of rent, pursuant to the
 agreement under which the premises are held, and a written demand of the
 rent has been made with at least fourteen days' notice requiring, in the
 alternative, the payment of the rent, or the possession of the premises,
 has been served upon [him] SUCH TENANT as prescribed  in  section  seven
 hundred  thirty-five  of this article. NO PROCEEDING SHALL BE MAINTAINED
 UNLESS THE COURT HAS NOTIFIED AN INDIVIDUAL OF  THE  ABILITY  TO  OBTAIN
 LEGAL  REPRESENTATION  OR LEGAL CONSULTATION, AS APPLICABLE, PURSUANT TO
 SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW. Any person succeeding
 to the landlord's interest in the premises may proceed under this subdi-
 vision for rent due [his] THEIR predecessor in  interest  if  [he]  SUCH
 PERSON  has  a right thereto. Where a tenant dies during the term of the
 lease and rent due has not been paid and the apartment is occupied by  a
 person  with a claim to possession, a proceeding may be commenced naming
 the occupants of the apartment seeking a  possessory  judgment  only  as
 against  the estate. Entry of such a judgment shall be without prejudice
 to the possessory claims of the occupants, and any warrant issued  shall
 not be effective as against the occupants.
 A. 8806--B                         66
 
   §  4.  Section 713 of the real property actions and proceedings law is
 amended by adding a new subdivision 12 to read as follows:
   12.  NO  PROCEEDING SHALL BE MAINTAINED, UNLESS THE COURT HAS PROVIDED
 THE RESPONDENT WITH WRITTEN NOTICE OF THE ABILITY OF THE  RESPONDENT  TO
 OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSU-
 ANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW.
   §  5.  Section 745 of the real property actions and proceedings law is
 amended by adding a new subdivision 3 to read as follows:
   3. WHERE A RESPONDENT WHO IS AN ELIGIBLE  INDIVIDUAL,  AS  DEFINED  IN
 SUBDIVISION  THREE OF SECTION EIGHT HUNDRED TWENTY-NINE OF THE EXECUTIVE
 LAW, APPEARS IN COURT WITHOUT  COUNSEL,  THE  COURT  SHALL  NOTIFY  SUCH
 RESPONDENT ORALLY OF THE ABILITY TO OBTAIN LEGAL REPRESENTATION PURSUANT
 TO  SECTION  EIGHT  HUNDRED  THIRTY  OF  THE  EXECUTIVE LAW, AND IF SUCH
 RESPONDENT WOULD LIKE COUNSEL, THE COURT SHALL  ADJOURN  THE  TRIAL  AND
 PROVIDE  SUFFICIENT TIME, NOT LESS THAN FOURTEEN DAYS, FOR SUCH RESPOND-
 ENT TO RETAIN AND CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER  ADJOURN-
 MENTS AS THE COURT DEEMS NECESSARY FOR SUCH COVERED INDIVIDUAL TO OBTAIN
 COUNSEL.
   §  6. Subdivisions 1 and 3 of section 749 of the real property actions
 and proceedings law, as amended by section 19 of part M of chapter 36 of
 the laws of 2019, are amended to read as follows:
   1. Upon rendering a final judgment for  petitioner,  the  court  shall
 issue  a warrant directed to the sheriff of the county or to any consta-
 ble or marshal of the city in which the property, or a portion  thereof,
 is  situated,  or,  if it is not situated in a city, to any constable of
 any town in the county, describing the property,  stating  the  earliest
 date  upon which execution may occur pursuant to the order of the court,
 and commanding the officer to remove all persons named in  the  proceed-
 ing,  provided  upon a showing of good cause, the court may issue a stay
 of re-letting or renovation of the premises for a reasonable  period  of
 time.  HOWEVER, NO COURT SHALL ISSUE A JUDGMENT AUTHORIZING THE ISSUANCE
 OF A WARRANT OF EVICTION AGAINST A  RESPONDENT  WHO  HAS  DEFAULTED,  OR
 AUTHORIZE  THE  EXECUTION OF AN EVICTION PURSUANT TO A DEFAULT JUDGMENT,
 UNLESS THE COURT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE OF  THE
 RESPONDENT'S   ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTA-
 TION, AS APPLICABLE, PURSUANT TO SECTION EIGHT  HUNDRED  THIRTY  OF  THE
 EXECUTIVE LAW IN EVICTION PROCEEDINGS IN THE NOTICE REQUIRED BY SECTIONS
 SEVEN  HUNDRED  ELEVEN, SEVEN HUNDRED FORTY-ONE AND SEVEN HUNDRED FORTY-
 FIVE OF THIS ARTICLE.
   3. Nothing contained herein shall deprive the court of  the  power  to
 stay  or vacate such warrant for good cause shown prior to the execution
 thereof, or to restore the tenant to possession subsequent to  execution
 of  the  warrant.  THE  FAILURE  OF THE COURT TO ADVISE AN INDIVIDUAL OF
 THEIR ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL  CONSULTATION,  AS
 APPLICABLE,  PURSUANT  TO  SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE
 LAW IN AN EVICTION PROCEEDING SHALL CONSTITUTE GOOD  CAUSE  TO  STAY  OR
 VACATE  SUCH  WARRANT.  In a judgment for non-payment of rent, the court
 shall vacate a warrant upon tender or deposit with the court of the full
 rent due at any time prior  to  its  execution,  unless  the  petitioner
 establishes  that  the tenant withheld the rent due in bad faith.  Peti-
 tioner may recover by action any sum of money which was payable  at  the
 time  when the special proceeding was commenced and the reasonable value
 of the use and occupation to the time when the warrant was  issued,  for
 any period of time with respect to which the agreement does not make any
 provision for payment of rent.
 A. 8806--B                         67
 
   § 7. The real property law is amended by adding a new section 235-j to
 read as follows:
   §  235-J.  LEASE  PROVISIONS  WAIVING  RIGHT  TO  COUNSEL  VOID.   ANY
 PROVISION OF A LEASE OR  CONTRACT  WAIVING  OR  OTHERWISE  LIMITING  THE
 TENANT'S  ABILITY  TO  OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION
 UNDER SECTION EIGHT HUNDRED THIRTY OF  THE  EXECUTIVE  LAW,  AS  MAY  BE
 APPLICABLE, SHALL BE VOID AND UNENFORCEABLE.
   §  8. Severability clause. If any provision of this act, or any appli-
 cation  of  any  provision  of  this  act,  is held to be invalid, or to
 violate or be inconsistent with any  federal  law  or  regulation,  that
 shall not affect the validity or effectiveness of any other provision of
 this  act,  which can be given effect without that provision or applica-
 tion;  and to that end, the provisions and applications of this act  are
 severable.
   § 9. This act shall take effect January 1,  2025;  provided,  however,
 that  sections  two through seven of this act shall take effect one year
 after such date.

                                  PART MM
 
   Section 1. Subdivisions 2 and 3 of section 679-g of the education law,
 as added by section 1 of part C of chapter 56 of the laws of  2015,  are
 amended to read as follows:
   2.  Eligibility. To be eligible for an award pursuant to this section,
 an applicant shall: (a) have graduated from a high school located in New
 York state or attended an approved New York state program  for  a  state
 high school equivalency diploma and received such high school equivalen-
 cy diploma; (b) have graduated and obtained an undergraduate degree from
 a  college or university with its headquarters located in New York state
 in or after the two thousand fourteen--fifteen academic year; (c)  apply
 for  this  program  within  two years of obtaining such degree; (d) be a
 participant in a federal  income-driven  repayment  plan  whose  payment
 amount is generally ten percent of discretionary income; (e) have income
 of less than [fifty] SIXTY-SIX thousand dollars; (f) comply with [subdi-
 visions  three and] SUBDIVISION five of section six hundred sixty-one of
 this part; and (g) work in New York state, if employed. For purposes  of
 this  program,  "income" shall be the total adjusted gross income of the
 applicant and the applicant's spouse, if applicable.
   3. Awards. An applicant whose  annual  income  is  less  than  [fifty]
 SIXTY-SIX  thousand  dollars shall be eligible to receive an award equal
 to one hundred percent of  his  or  her  monthly  federal  income-driven
 repayment  plan  payments  for twenty-four months of repayment under the
 federal program.  Provided, however, that the awards granted under  this
 section  shall be deferred for a recipient who has been granted a defer-
 ment or forbearance under the federal income-driven repayment plan. Upon
 completion of such deferment or forbearance period, such recipient shall
 be eligible to receive an award for the remaining time period under this
 subdivision. A recipient who is not a resident of New York state at  the
 time  any payment is made under this program shall be required to refund
 such payments to the state.  The  corporation  shall  be  authorized  to
 recover  such  payments in accordance with rules and regulations promul-
 gated by the corporation. A student who is delinquent or in default on a
 student loan made under any statutory New York state or  federal  educa-
 tion  loan  program  or has failed to comply with the terms of a service
 condition imposed by an award made  pursuant  to  this  article  or  has
 A. 8806--B                         68
 
 failed  to  repay an award shall be ineligible to receive an award under
 this program until such delinquency, default or failure is cured.
   § 2. This act shall take effect July 1, 2024.
 
                                  PART NN
 
   Section  1.  Subdivision  2  of  section  667 of the education law, as
 amended by chapter 376 of the laws  of  2019,  is  amended  to  read  as
 follows:
   2.  Duration.  No undergraduate shall be eligible for more than [four]
 FIVE academic years of study,  or  [five]  SIX  academic  years  if  the
 program  of  study  normally requires five years. Students enrolled in a
 program of remedial study, approved by the commissioner in  an  institu-
 tion of higher education and intended to culminate in a degree in under-
 graduate  study  shall,  for  purposes of this section, be considered as
 enrolled in a program of study normally requiring five years. An  under-
 graduate  student  enrolled  in  an  eligible  two year program of study
 approved by the commissioner shall be eligible for no more than  [three]
 FOUR  academic  years  of study. An undergraduate student enrolled in an
 approved two or four-year program of study approved by the  commissioner
 who  must  transfer  to  another  institution  as  a result of permanent
 college closure shall be eligible for up to two additional semesters, or
 their equivalent, to the extent credits necessary to  complete  [his  or
 her]  SUCH  STUDENT'S program of study were deemed non-transferable from
 the closed institution or were deemed not applicable to  such  student's
 program of study by the new institution.  Any semester, quarter, or term
 of attendance during which a student receives any award under this arti-
 cle,  after  the  effective date of the former scholar incentive program
 and  prior  to  academic  year  nineteen  hundred  eighty-nine--nineteen
 hundred  ninety, shall be counted toward the maximum term of eligibility
 for tuition assistance under this section,  except  that  any  semester,
 quarter  or  term of attendance during which a student received an award
 pursuant to section six hundred  sixty-six  of  this  subpart  shall  be
 counted  as one-half of a semester, quarter or term, as the case may be,
 toward the maximum term of eligibility under this section. Any semester,
 quarter or term of attendance during which a student received  an  award
 pursuant  to section six hundred sixty-seven-a of this subpart shall not
 be counted toward the maximum term of eligibility under this section.
   § 2. This act shall take effect July 1, 2024.
 
                                  PART OO
 
   Section 1.   Paragraph b of subdivision 2  of  section  679-e  of  the
 education  law,  as amended by section 1 of part VV of chapter 56 of the
 laws of 2009, is amended to read as follows:
   b. "Eligible period" means  the  [six-year]  EIGHT-YEAR  period  after
 completion of the [third] SECOND year and before the commencement of the
 [tenth]  ELEVENTH  year  of  employment  as  an  eligible  attorney. For
 purposes of this section, all periods of time during which  an  admitted
 attorney  was  employed  as an eligible attorney and all periods of time
 during which a law school graduate awaiting admission to  the  New  York
 state  bar  was  employed by a prosecuting [or] AGENCY, criminal defense
 agency, NON-PROFIT INDIGENT CIVIL LEGAL SERVICES CORPORATION as  permit-
 ted  by  section  four hundred eighty-four of the judiciary law shall be
 combined.
 A. 8806--B                         69
 
   § 2. Paragraph d of subdivision 2 of section 679-e  of  the  education
 law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
 2009, is amended to read as follows:
   d.  "Year of qualified service" means the twelve month period measured
 from the anniversary of the attorney's employment as an eligible  attor-
 ney,  or  as  a  law  school graduate awaiting admission to the New York
 state bar employed  by  a  prosecuting  [or]  AGENCY,  criminal  defense
 agency,  NON-PROFIT INDIGENT CIVIL LEGAL SERVICES CORPORATION as permit-
 ted by section four hundred eighty-four of the judiciary  law,  adjusted
 for  any interruption in employment.  Any period of temporary leave from
 service taken by an eligible attorney shall not  be  considered  in  the
 calculation of qualified service. However, the period of temporary leave
 shall be considered an interruption in employment and the calculation of
 the  time period of qualified service shall recommence when the eligible
 attorney returns to full time service.
   § 3. Paragraph a of subdivision 3 of section 679-e  of  the  education
 law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
 2009, is amended to read as follows:
   a.  An  eligible  attorney  may  apply  for  reimbursement  after  the
 completion  of  each  year  of  qualified  service provided however that
 reimbursement to each eligible attorney shall not exceed [three thousand
 four hundred] EIGHT THOUSAND dollars, per qualifying  year,  subject  to
 appropriations  available  therefor. The president may establish: (i) an
 application deadline and (ii) a method of selecting recipients if in any
 given year there are insufficient funds to cover the needs  of  all  the
 applicants.    Awards  shall be within the amounts appropriated for such
 purpose and based on availability of funds.
   § 4. Paragraph b of subdivision 3 of section 679-e  of  the  education
 law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
 2009, is amended to read as follows:
   b. An eligible attorney may apply after the completion of the [fourth]
 SECOND year of qualified service,  and  annually  thereafter  after  the
 completion  of the [fifth] THIRD through [ninth] ELEVENTH year of quali-
 fied service, and may seek a student loan expense  grant  for  only  the
 previous year of qualified service within the time periods prescribed by
 the  president.  An  eligible  attorney may receive student loan expense
 grants for no more than [six] EIGHT years of qualified service within an
 eligible period.
   § 5. This act shall take effect April 1, 2025.  Nothing  in  this  act
 shall  be  implemented  in a manner that diminishes the current award or
 status of eligible attorneys currently participating in the program.
   § 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 OO of this act shall be
 as specifically set forth in the last section of such Parts.