S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2146--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  BAILEY, BRISPORT, BROUK, CHU, CLEARE,
   COMRIE, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM, HOYLMAN-SIGAL,  JACK-
   SON,  KAVANAGH,  LIU,  MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR,
   SANDERS, SCARCELLA-SPANTON, SEPULVEDA, SERRANO,  STAVISKY,  THOMAS  --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee  on  Higher  Education  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the education law and the state finance law, in relation
   to enacting The New Deal for CUNY
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This enacts "The New Deal for CUNY".
   §  2.  Legislative  intent. The Legislature hereby recognizes the need
 for The New Deal for CUNY to ensure that the commitment the  Legislature
 articulated  in establishing the city university of New York is extended
 to present and future generations.  The 1961 legislation recognized that
 the creation of a city university as a single unified system was "justi-
 fied" by the special needs of a multi-racial urban constituency and  the
 "vital importance" of creating opportunities for disadvantaged New York-
 ers.  Those needs have only grown in the half-century since the Legisla-
 ture's action. Yet CUNY's ability to  fulfill  them  has  diminished  as
 enrollment  has  skyrocketed and investment has failed to keep pace. The
 New Deal for CUNY reimagines CUNY as the vital urban university it  must
 be if it is to serve the people of New York. It enhances CUNY's historic
 role  as  a  leader  in educational justice and economic transformation.
 This legislation restores free tuition, ensures adequate faculty  staff-
 ing,  and  aligns student support with nationally recommended standards.
 In doing so, The New Deal for CUNY restores New York to national leader-
 ship in public higher education and  removes  the  barriers  to  student
 success  that  have  prevented thousands of CUNY students from realizing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01527-02-3
              

 S. 2146--A                          2
 
 the full potential of a college degree. The New Deal for CUNY  gradually
 increases  the  ratio  of  students  to  full-time  faculty  at  CUNY to
 nationally recommended levels, with a special  emphasis  on  racial  and
 ethnic  diversity in hiring. It also replaces the system of underpayment
 for contingent faculty with  a  dignified  labor  system  that  provides
 students  with  the  support  they urgently need. CUNY students, perhaps
 more than any other college population in  the  country,  bear  stresses
 that  make  it  extraordinarily  difficult to stay in college, sometimes
 even to survive. The New Deal for CUNY addresses  the  urgent  need  for
 student  support by gradually escalating the hiring of mental health and
 other counselors to bring CUNY into line with  national  standards.  The
 New  Deal  for  CUNY  mandates  that  all  tuition  and student fees for
 in-state  undergraduate  students  within  specified  time  frames   for
 completion of degree be eliminated, and that the revenue to the colleges
 that  would  otherwise derive from tuition and fees be replaced annually
 by federal, state, and city funds.
   § 3. Subdivision A of section 6221 of the education law is amended  by
 adding a new paragraph 4-b to read as follows:
   4-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE  CONTRARY,  SUBJECT  TO  AMOUNTS  MADE  AVAILABLE  BY APPROPRIATION,
 COMMENCING IN THE  TWO  THOUSAND  TWENTY-FIVE--TWO  THOUSAND  TWENTY-SIX
 ACADEMIC YEAR, THE CITY UNIVERSITY SHALL BE ENTITLED TO ANNUALLY RECEIVE
 ONE  HUNDRED  PERCENT  REIMBURSEMENT  FOR THE ANNUAL COST OF TUITION AND
 STUDENT FEES FOR EACH  MATRICULATED  UNDERGRADUATE  STUDENT  AT  A  CITY
 UNIVERSITY  SENIOR  COLLEGE  AND  COMMUNITY  COLLEGE  WHO IS ENROLLED IN
 CREDIT-BEARING ACADEMIC COURSEWORK AND IS ON TRACK  TO  GRADUATE.    THE
 STATE  COMPTROLLER SHALL ESTABLISH A SEPARATE FUND FOR SUCH MONIES TO BE
 DISTRIBUTED TO THE CITY UNIVERSITY OF  NEW  YORK.  THE  CITY  UNIVERSITY
 SHALL RECEIVE AN AMOUNT EQUAL TO THE FULL COST OF IN-STATE UNDERGRADUATE
 TUITION  AND  STUDENT FEES FOR EACH QUALIFYING, MATRICULATED STUDENT WHO
 SUCCESSFULLY COMPLETES CREDIT-BEARING  ACADEMIC  COURSEWORK  AND  IS  ON
 TRACK  TO GRADUATE. THE FULL COST OF TUITION SHALL NOT INCLUDE ANY ADDI-
 TIONAL FUNDS THE STUDENT MAY RECEIVE FROM ANY OTHER NEW  YORK  STATE  OR
 FEDERAL GRANT, AWARD, OR SCHOLARSHIP PROGRAM. THE DEPOSIT OF THESE FUNDS
 SHALL  BE  UTILIZED  AS  FIRST DOLLAR AWARDS TO THE STUDENTS AT THE CITY
 UNIVERSITY.  ANY  STUDENT  NOT  SUCCESSFULLY  COMPLETING  CREDIT-BEARING
 ACADEMIC COURSEWORK IN A SEMESTER SHALL STILL BE ELIGIBLE TO RECEIVE ALL
 OTHER  GRANTS, AWARDS, AND SCHOLARSHIPS FOR WHICH THEY QUALIFY BUT SHALL
 NOT BE ELIGIBLE FOR THE TUITION AND STUDENT FEE REIMBURSEMENT  DESCRIBED
 HEREIN.  STUDENTS  SHALL BE ELIGIBLE TO RECEIVE A ONE SEMESTER EXEMPTION
 FROM THE REQUIREMENT TO COMPLETE CREDIT-BEARING ACADEMIC COURSEWORK  FOR
 SUCH  TUITION  REIMBURSEMENT  AS  PROMULGATED  BY  THE  HIGHER EDUCATION
 SERVICES CORPORATION. SUCH EXEMPTION SHALL NOT PRECLUDE ANY STUDENT FROM
 EXERCISING THEIR RIGHT TO APPEAL PURSUANT TO HIGHER  EDUCATION  SERVICES
 CORPORATION POLICY. THE STATE COMPTROLLER SHALL DEPOSIT SUCH MONIES WITH
 THE  CITY  UNIVERSITY  NO  LATER THAN THIRTY DAYS AFTER THE START OF THE
 SEMESTER.
   § 4. Section 6206 of the education law is amended by adding three  new
 subdivisions 23, 24 and 25 to read as follows:
   23.  EACH  COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY
 OF NEW YORK SHALL MAINTAIN, AT A MINIMUM, A RATIO OF ONE CLINICAL,  NON-
 STUDENT MENTAL HEALTH STAFF MEMBER PER ONE THOUSAND STUDENTS. WITHIN TWO
 YEARS  OF  THE  EFFECTIVE  DATE  OF THIS SUBDIVISION, EACH COMMUNITY AND
 SENIOR COLLEGE SHALL ESTABLISH, AND REQUIRE A MEETING  OF,  A  BOARD  OF
 ADVISORS  HAVING  EXPERTISE  IN  THE  AREA  OF  CLINICAL  MENTAL  HEALTH
 SERVICES. THE ADVISORY BOARDS SHALL,  USING  CURRENT  DATA,  UPDATE  AND
 S. 2146--A                          3
 
 MODIFY,  AS  NECESSARY, SUCH RATIOS BASED ON ACTUAL RATIOS IN THIS STATE
 AND ANY NEW INFORMATION RELATED TO  APPROPRIATE  BENCHMARKS  FOR  CLINI-
 CIAN-TO-STUDENT  RATIOS.  DATA  COLLECTED  BY THE ADVISORY BOARDS MAY BE
 USED  AS  A MEANS TO INCREASE THE NUMBER OF MENTAL HEALTH STAFF MEMBERS.
 IN NO EVENT SHALL THE RATIO FALL BELOW ONE CLINICAL, NON-STUDENT  MENTAL
 HEALTH  STAFF  MEMBER  PER  ONE THOUSAND STUDENTS. FOLLOWING THE INITIAL
 MEETING, ADVISORY BOARDS SHALL MEET ONCE EVERY FIVE YEARS. THIS SUBDIVI-
 SION SHALL NOT BE FUNDED BY STUDENT TUITION OR FEES CREATED ON OR  AFTER
 THE  EFFECTIVE  DATE  OF THIS SUBDIVISION. COMMUNITY COLLEGES AND SENIOR
 COLLEGES IN THE CITY UNIVERSITY OF NEW YORK MAY SEEK FEDERAL FUNDING  OR
 PRIVATE  GRANTS,  IF  AVAILABLE,  TO  FURTHER  EXPAND  AND  SUPPORT  THE
 PROVISIONS OF THIS SUBDIVISION. ANY FACULTY AND STAFF HIRED THROUGH  THE
 ASSISTANCE  OF FEDERAL FUNDING OR PRIVATE GRANTS PURSUANT TO THIS SUBDI-
 VISION SHALL BE TREATED AND CLASSIFIED AS FULL-TIME PUBLIC EMPLOYEES AND
 COVERED UNDER ANY COLLECTIVELY BARGAINED CONTRACTS IN  THEIR  RESPECTIVE
 BARGAINING  UNITS.  THE  CITY  UNIVERSITY SHALL REPORT ANNUALLY, ON JULY
 FIRST, TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  CHAIR  OF  THE
 ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCA-
 TION COMMITTEE, AND THE CHAIR OF THE ASSEMBLY HIGHER EDUCATION COMMITTEE
 ON THE FOLLOWING CRITERIA:
   A.  THE RATIO OF CLINICAL AND NON-STUDENT MENTAL HEALTH STAFF EMPLOYED
 AND WHAT THAT NUMBER EQUATES TO PER STUDENT;
   B. THE NUMBER OF FULL-TIME MENTAL HEALTH STAFF, AND  NUMBER  OF  PART-
 TIME MENTAL HEALTH STAFF PER CAMPUS, INCLUDING THOSE WHO MAY NOT POSSESS
 THE  TITLE MENTAL HEALTH STAFF BUT ARE PRIMARILY EMPLOYED TO PERFORM AND
 CARRY OUT THE DUTIES TYPICALLY ASSIGNED  TO,  AND  FUNCTION  AS,  MENTAL
 HEALTH STAFF; AND
   C.  THE  MEAN  AND  MEDIAN  NUMBER  OF STUDENTS RECEIVING SERVICES PER
 CAMPUS IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX ACADEMIC
 YEAR AND IN THE ACADEMIC YEAR IN WHICH THE REPORT IS PREPARED FROM FULL-
 TIME MENTAL HEALTH STAFF, AND FROM PART-TIME ACADEMIC ADVISOR.
   24. COMMENCING IN THE TWO THOUSAND TWENTY-FIVE--TWO  THOUSAND  TWENTY-
 SIX  ACADEMIC YEAR EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY
 UNIVERSITY OF NEW YORK SHALL MAINTAIN A MINIMUM ACADEMIC STAFFING  RATIO
 OF  FORTY-FIVE  FULL-TIME  FACULTY  MEMBERS  PER  ONE THOUSAND FULL-TIME
 EQUIVALENT STUDENTS. COMMENCING  IN  THE  TWO  THOUSAND  TWENTY-SIX--TWO
 THOUSAND  TWENTY-SEVEN  ACADEMIC  YEAR EACH COMMUNITY COLLEGE AND SENIOR
 COLLEGE OF THE CITY UNIVERSITY OF NEW  YORK  SHALL  MAINTAIN  A  MINIMUM
 ACADEMIC STAFFING RATIO OF FIFTY FULL-TIME FACULTY MEMBERS PER ONE THOU-
 SAND  FULL-TIME  EQUIVALENT  STUDENTS.    COMMENCING IN THE TWO THOUSAND
 TWENTY-SEVEN--TWO THOUSAND TWENTY-EIGHT  ACADEMIC  YEAR  EACH  COMMUNITY
 COLLEGE  AND  SENIOR  COLLEGE  OF  THE CITY UNIVERSITY OF NEW YORK SHALL
 MAINTAIN A MINIMUM  ACADEMIC  STAFFING  RATIO  OF  FIFTY-FIVE  FULL-TIME
 FACULTY   MEMBERS   PER  ONE  THOUSAND  FULL-TIME  EQUIVALENT  STUDENTS.
 COMMENCING IN THE TWO THOUSAND  TWENTY-EIGHT--TWO  THOUSAND  TWENTY-NINE
 ACADEMIC  YEAR  EACH  COMMUNITY  COLLEGE  AND SENIOR COLLEGE OF THE CITY
 UNIVERSITY OF NEW YORK SHALL MAINTAIN A MINIMUM ACADEMIC STAFFING  RATIO
 OF SIXTY FULL-TIME FACULTY MEMBERS PER ONE THOUSAND FULL-TIME EQUIVALENT
 STUDENTS. COMMENCING IN THE TWO THOUSAND TWENTY-NINE--TWO THOUSAND THIR-
 TY  ACADEMIC  YEAR  AND EACH YEAR THEREAFTER, EACH COMMUNITY COLLEGE AND
 SENIOR COLLEGE OF THE CITY UNIVERSITY OF NEW YORK SHALL MAINTAIN A MINI-
 MUM ACADEMIC STAFFING RATIO OF SIXTY-FIVE FULL-TIME FACULTY MEMBERS  PER
 ONE  THOUSAND FULL-TIME EQUIVALENT STUDENTS.  THIS SUBDIVISION SHALL NOT
 BE FUNDED BY STUDENT FEES CREATED ON OR AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION. ANY FACULTY OR STAFF HIRED THROUGH THE ASSISTANCE OF FEDER-
 AL FUNDING OR PRIVATE GRANTS  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
 S. 2146--A                          4
 
 TREATED  AND  CLASSIFIED AS FULL-TIME PUBLIC EMPLOYEES AND COVERED UNDER
 ANY COLLECTIVELY BARGAINED  CONTRACTS  IN  THEIR  RESPECTIVE  BARGAINING
 UNITS.  THE  CITY  UNIVERSITY  SHALL UTILIZE NATIONAL SEARCHES TO ENSURE
 RECRUITMENT OF DIVERSE FACULTY FROM UNDERREPRESENTED RACIAL, ETHNIC, AND
 GENDER  GROUPS,  AND  PRIORITIZE THE CREATION OF FULL-TIME FACULTY POSI-
 TIONS FOR ADJUNCT FACULTY CURRENTLY EMPLOYED BY THE UNIVERSITY IN  ORDER
 TO  MEET THE MINIMUM ACADEMIC STAFFING RATIOS DESCRIBED HEREIN. THE CITY
 UNIVERSITY SHALL REPORT ANNUALLY, ON JULY FIRST, TO  THE  CHAIR  OF  THE
 SENATE  FINANCE  COMMITTEE,  THE  CHAIR  OF  THE ASSEMBLY WAYS AND MEANS
 COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCATION COMMITTEE,  AND  THE
 CHAIR  OF  THE  ASSEMBLY  HIGHER  EDUCATION  COMMITTEE. THE REPORT SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING CRITERIA:
   A. DATA THAT INDICATES WHETHER THE CITY UNIVERSITY  IS  IN  COMPLIANCE
 WITH THE MANDATORY MINIMUM ACADEMIC STAFFING RATIOS ESTABLISHED PURSUANT
 TO THIS SUBDIVISION;
   B. THE NUMBER BY CAMPUS, IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND
 TWENTY-SIX ACADEMIC YEAR AND IN THE ACADEMIC YEAR IN WHICH THE REPORT IS
 PREPARED,  OF  EACH  FULL-TIME  TENURED  FACULTY, FULL-TIME TENURE-TRACK
 FACULTY, FULL-TIME NON-TENURE TRACK FACULTY, INCLUDING THOSE WHO MAY NOT
 HAVE A FACULTY OR ACADEMIC JOB TITLE BUT  PERFORM  INSTRUCTIONAL  DUTIES
 AND NUMBER OF FACULTY LINES AND UNFILLED FACULTY POSITIONS;
   C.  THE MEAN AND MEDIAN CLASS SIZE BY CAMPUS IN THE TWO THOUSAND TWEN-
 TY-FIVE--TWO THOUSAND TWENTY-SIX ACADEMIC YEAR AND IN THE ACADEMIC  YEAR
 IN  WHICH  THE  REPORT IS PREPARED, FOR FULL-TIME TENURED FACULTY, FULL-
 TIME TENURE-TRACK FACULTY, AND FULL-TIME NON-TENURE  TRACK  FACULTY  AND
 INSTRUCTIONAL STAFF;
   D.  THE  MEAN  AND MEDIAN CLASS SIZE BY LEVEL FOR REMEDIAL ONE HUNDRED
 LEVEL INTRODUCTORY COURSES, AND TWO HUNDRED LEVEL MID-LEVEL COURSES  AND
 ABOVE  FOR COMPLETION OF AN ASSOCIATE DEGREE AND BACCALAUREATE DEGREE IN
 THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX ACADEMIC YEAR  AND
 IN THE ACADEMIC YEAR IN WHICH THE REPORT IS PREPARED;
   E.  THE  NUMBER OF PART-TIME NON-TENURE TRACK FACULTY IN THE TWO THOU-
 SAND TWENTY-FIVE--TWO THOUSAND  TWENTY-SIX  ACADEMIC  YEAR  AND  IN  THE
 ACADEMIC  YEAR  IN WHICH THE REPORT IS PREPARED, INCLUDING THOSE WHO MAY
 NOT HAVE A FACULTY OR  ACADEMIC  JOB  TITLE  BUT  PERFORM  INSTRUCTIONAL
 DUTIES, BY CAMPUS; AND
   F.  THE  MEAN AND MEDIAN CLASS SIZE BY CAMPUS FOR PART-TIME NON-TENURE
 TRACK FACULTY AND INSTRUCTIONAL STAFF IN THE TWO THOUSAND  TWENTY-FIVE--
 TWO  THOUSAND TWENTY-SIX ACADEMIC YEAR AND IN THE ACADEMIC YEAR IN WHICH
 THE REPORT IS PREPARED.
   25. COMMENCING IN THE TWO THOUSAND TWENTY-FIVE--TWO  THOUSAND  TWENTY-
 SIX  ACADEMIC YEAR EACH COMMUNITY COLLEGE AND SENIOR COLLEGE OF THE CITY
 UNIVERSITY OF NEW YORK SHALL MAINTAIN, AT A  MINIMUM,  A  RATIO  OF  ONE
 ACADEMIC ADVISOR PER SIX HUNDRED FULL-TIME EQUIVALENT STUDENTS. COMMENC-
 ING  IN  THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN ACADEMIC
 YEAR, THE MINIMUM STAFFING RATIO FOR ACADEMIC ADVISORS AT EACH COMMUNITY
 COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY OF NEW YORK  SHALL  BE
 ONE  ACADEMIC  ADVISOR  PER  EVERY  FOUR  HUNDRED  FULL-TIME  EQUIVALENT
 STUDENTS. COMMENCING IN  THE  TWO  THOUSAND  TWENTY-SEVEN--TWO  THOUSAND
 TWENTY-EIGHT  ACADEMIC  YEAR,  THE  MINIMUM  STAFFING RATIO FOR ACADEMIC
 ADVISORS AT EACH COMMUNITY  COLLEGE  AND  SENIOR  COLLEGE  OF  THE  CITY
 UNIVERSITY  OF  NEW  YORK  SHALL BE ONE ACADEMIC ADVISOR FOR EVERY THREE
 HUNDRED FULL-TIME EQUIVALENT STUDENTS. COMMENCING IN  THE  TWO  THOUSAND
 TWENTY-EIGHT--TWO  THOUSAND  TWENTY-NINE  ACADEMIC  YEAR, AND EVERY YEAR
 THEREAFTER, THE MINIMUM STAFFING RATIO FOR  ACADEMIC  ADVISORS  AT  EACH
 COMMUNITY  COLLEGE AND SENIOR COLLEGE OF THE CITY UNIVERSITY OF NEW YORK
 S. 2146--A                          5
 
 SHALL BE ONE ACADEMIC ADVISOR FOR EVERY TWO HUNDRED FIFTY STUDENTS. THIS
 SUBDIVISION SHALL NOT BE FUNDED BY STUDENT TUITION OR FEES CREATED ON OR
 AFTER ITS EFFECTIVE DATE.  COMMUNITY COLLEGES AND SENIOR COLLEGES IN THE
 CITY  UNIVERSITY OF NEW YORK MAY SEEK FEDERAL FUNDING OR PRIVATE GRANTS,
 IF AVAILABLE, TO FURTHER EXPAND  AND  SUPPORT  THE  PROVISIONS  OF  THIS
 SUBDIVISION.  ANY  FACULTY  AND  STAFF  HIRED  THROUGH THE ASSISTANCE OF
 FEDERAL FUNDING OR PRIVATE GRANTS PURSUANT TO THIS SUBDIVISION SHALL  BE
 TREATED  AND  CLASSIFIED AS FULL-TIME PUBLIC EMPLOYEES AND COVERED UNDER
 ANY COLLECTIVELY BARGAINED  CONTRACTS  IN  THEIR  RESPECTIVE  BARGAINING
 UNITS.  THE  CITY  UNIVERSITY SHALL REPORT ANNUALLY ON JULY FIRST TO THE
 CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF  THE  ASSEMBLY  WAYS
 AND MEANS COMMITTEE, THE CHAIR OF THE SENATE HIGHER EDUCATION COMMITTEE,
 AND  THE  CHAIR  OF THE ASSEMBLY HIGHER EDUCATION COMMITTEE.  THE REPORT
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING CRITERIA:
   A. WHETHER THE CITY UNIVERSITY IS IN  COMPLIANCE  WITH  THE  MANDATORY
 MINIMUM  ACADEMIC  ADVISOR  STAFFING RATIOS ESTABLISHED PURSUANT TO THIS
 SUBDIVISION;
   B. THE NUMBER OF FULL-TIME ACADEMIC ADVISORS PER CAMPUS, AND NUMBER OF
 PART-TIME ACADEMIC ADVISORS, INCLUDING THOSE WHO  MAY  NOT  POSSESS  THE
 TITLE  ACADEMIC  ADVISOR BUT ARE PRIMARILY EMPLOYED TO PERFORM AND CARRY
 OUT THE DUTIES TYPICALLY ASSIGNED TO, AND FUNCTION AS, AN ACADEMIC ADVI-
 SOR; AND
   C. THE MEAN AND MEDIAN NUMBER OF STUDENT ADVISEES, PER  FULL-TIME  AND
 PART-TIME  ACADEMIC ADVISOR PER CAMPUS IN THE TWO THOUSAND TWENTY-FIVE--
 TWO THOUSAND TWENTY-SIX ACADEMIC YEAR AND IN THE ACADEMIC YEAR IN  WHICH
 THE REPORT IS PREPARED.
   §  5.  The second undesignated paragraph of section 6220 of the educa-
 tion law is amended by  adding  a  new  subparagraph  16-a  to  read  as
 follows:
   16-A.  PART-TIME  AND  ADJUNCT FACULTY SHALL RECEIVE WAGES AND COMPEN-
 SATION EQUAL TO THOSE IN THE LECTURER TITLE OF  THIS  SECTION  BASED  ON
 COMPARABLE  HOURS,  DUTIES AND LEVEL OF RESPONSIBILITY ASSIGNED TO THOSE
 IN THE TITLE OF LECTURER. COMMENSURATE INCREASES IN  WAGES  AND  COMPEN-
 SATION  FOR ADJUNCT FACULTY WITH PROFESSORIATE TITLES SHALL CORRELATE TO
 THE APPROPRIATE PROFESSOR, ASSOCIATE PROFESSOR, AND ASSISTANT  PROFESSOR
 TITLES AS BARGAINED.
   §  6. Section 22-c of the state finance law is amended by adding a new
 subdivision 7 to read as follows:
   7. FOR THE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND  TWENTY-
 FOUR  AND  EVERY FIFTH FISCAL YEAR THEREAFTER, THE GOVERNOR SHALL SUBMIT
 TO THE LEGISLATURE AS PART OF THE  ANNUAL  EXECUTIVE  BUDGET,  FIVE-YEAR
 CAPITAL  PLANS  FOR  THE  STATE  UNIVERSITY  OF  NEW YORK STATE OPERATED
 CAMPUSES AND CITY UNIVERSITY OF NEW YORK  SENIOR  COLLEGES.  SUCH  PLANS
 SHALL PROVIDE FOR THE ANNUAL APPROPRIATION OF CAPITAL FUNDS TO COVER ONE
 HUNDRED  PERCENT  OF THE ANNUAL CRITICAL MAINTENANCE NEEDS IDENTIFIED BY
 EACH UNIVERSITY SYSTEM, AND MAY INCLUDE FUNDS FOR NEW INFRASTRUCTURE  OR
 OTHER  MAJOR  CAPITAL  INITIATIVES,  PROVIDED  THAT SUCH FUNDING FOR NEW
 INFRASTRUCTURE OR  OTHER  MAJOR  CAPITAL  INITIATIVES  SHALL  NOT  COUNT
 TOWARDS  MEETING  THE  OVERALL  CRITICAL MAINTENANCE REQUIREMENT. IN THE
 EVENT THAT SUCH PLAN IS UNABLE TO FUND ONE HUNDRED PERCENT OF THE  CRIT-
 ICAL  MAINTENANCE  NEEDS DUE TO THE LIMITATION IMPOSED BY ARTICLE FIVE-B
 OF THIS CHAPTER, THE DIRECTOR OF  THE  BUDGET  SHALL  DEVELOP  FIVE-YEAR
 CAPITAL  PLANS  WHEREBY  THE  IMPLEMENTATION  OF EACH CAPITAL PLAN WOULD
 ANNUALLY REDUCE THE OVERALL FACILITY CONDITION INDEX FOR EACH UNIVERSITY
 SYSTEM. FOR THE PURPOSES OF THIS SUBDIVISION, "FACILITY CONDITION INDEX"
 SHALL MEAN AN INDUSTRY BENCHMARK THAT MEASURES  THE  RATIO  OF  DEFERRED
 S. 2146--A                          6
 
 MAINTENANCE DOLLARS TO REPLACEMENT DOLLARS FOR THE PURPOSES OF ANALYZING
 THE  EFFECT  OF INVESTING IN FACILITY IMPROVEMENTS. THE APPORTIONMENT OF
 CAPITAL APPROPRIATIONS TO EACH STATE-OPERATED CAMPUS OR  SENIOR  COLLEGE
 SHALL  BE  BASED ON A METHODOLOGY TO BE DEVELOPED BY THE DIRECTOR OF THE
 BUDGET, IN CONSULTATION WITH THE STATE UNIVERSITY OF NEW  YORK  AND  THE
 CITY UNIVERSITY OF NEW YORK.
   § 7. This act shall take effect immediately.