S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4006                                                  A. 3006
 
                       S E N A T E - A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 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; in relation to the high-impact tutoring set-aside; to amend the
   education law, in relation to foundation aid; to amend  the  education
   law, in relation to the number of charters issued; to amend the educa-
   tion law, in relation to actual valuation; to amend the education law,
   in  relation  to average daily attendance; to amend the education law,
   in relation to supplemental public  excess  cost  aid;  to  amend  the
   education  law,  in  relation to building aid for metal detectors, and
   safety devices for electrically operated partitions, room dividers and
   doors; 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 prospective prekindergarten  enroll-
   ment  reporting;  to  amend  the education law, in relation to transi-
   tional guidelines and rules; to amend the education law,  in  relation
   to  universal  prekindergarten expansions; to amend the education law,
   in relation to extending provisions of the statewide  universal  full-
   day  pre-kindergarten program; to amend the education law, in relation
   to state aid adjustments; to amend the education law, in  relation  to
   certain moneys apportioned; to amend the education law, in relation to
   zero emission bus progress reporting; 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
   effectiveness  thereof; to amend part CCC of chapter 59 of the laws of
   2018 amending the education law relating to a statement of  the  total
   funding allocation, in relation to the effectiveness thereof; to amend
   chapter 147 of the laws of 2001 amending the education law relating to
   conditional  appointment  of  school district, charter school or BOCES
   employees, in relation to the effectiveness thereof; to amend  part  C
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12572-01-3
 S. 4006                             2                            A. 3006
 
   of chapter 56 of the laws of 2020 directing the commissioner of educa-
   tion  to  appoint  a  monitor  for the Rochester city school district,
   establishing the powers and duties of such monitor and  certain  other
   officers  and  relating  to  the  apportionment  of aid to such school
   district, in relation to the effectiveness thereof; part C of  chapter
   57  of  the  laws  of  2004  relating  to the support of education, in
   relation to the effectiveness thereof; directing the education depart-
   ment to conduct a comprehensive study of alternative tuition rate-set-
   ting methodologies for approved  providers  operating  school-age  and
   preschool  programs  receiving  funding; to amend chapter  507  of the
   laws  of  1974  relating  to providing for the apportionment of  state
   monies  to certain nonpublic  schools,  to reimburse  them  for  their
   expenses in complying with certain state requirements for the adminis-
   tration of state testing and evaluation programs and for participation
   in  state  programs  for  the  reporting of basic educational data, in
   relation to the  calculation  of   nonpublic schools'  eligibility  to
   receive  aid; 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; providing for support of
   public libraries; to amend chapter 94 of the laws of 2002 relating  to
   the  financial  stability  of  the  Rochester city school district, in
   relation to the effectiveness thereof; and providing for the repeal of
   certain provisions upon expiration thereof  (Part  A);  to  amend  the
   education  law,  in  relation  to  tuition  authorization at the state
   university of New York and the city university of New York  (Part  B);
   to amend the education law, in relation to providing access to medica-
   tion  abortion  prescription drugs at the state university of New York
   and the city university of New York (Part C); to amend  the  education
   law,  in  relation  to removing the maximum award caps for the liberty
   partnerships program (Part D); to amend the business corporation  law,
   the partnership law and the limited liability company law, in relation
   to certified public accountants (Part E); to amend the general munici-
   pal  law  and  the public housing law, in relation to enacting the new
   homes targets and fast-track approval  act  (Part  F);  to  amend  the
   general  city  law,  the  town law and the village law, in relation to
   requiring certain densities  of  residential  dwellings  near  transit
   stations  (Part  G);  to  amend the public housing law, in relation to
   requiring certain housing production information to be reported to the
   division of housing and community renewal (Part H); to amend the  real
   property  actions and proceedings law, in relation to determining when
   a dwelling is abandoned (Part I); to amend the multiple dwelling  law,
   in  relation  to  modernizing  regulations for office building conver-
   sions; and providing for the repeal of certain provisions of such  law
   relating  thereto (Part J); to amend the multiple dwelling law and the
   private housing finance law, in relation to establishing a program  to
   address  the legalization of specified basement dwelling units and the
   conversion of other specified basement dwelling units in a city with a
   population of one million or more (Part  K);  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
   L); to amend the real property tax law, in relation to  authorizing  a
   tax  abatement  for alterations and improvements to multiple dwellings
   for purposes of preserving habitability in  affordable  housing  (Part
   M);  to  amend the real property tax law, in relation to authorizing a
   city, town or village other than a  city  with  a  population  of  one
 S. 4006                             3                            A. 3006
 
   million  or  more  to provide by local law for a tax exemption for new
   construction of eligible rental multiple dwellings (Part N); to  amend
   the real property tax law, in relation to providing a tax exemption on
   the  increase  in  value of property resulting from the addition of an
   accessory dwelling unit (Part O); 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 P); to utilize reserves in the mortgage
   insurance fund for various housing purposes (Part  Q);  to  amend  the
   real  property  tax  law,  in  relation to eligible multiple dwellings
   (Part R); to amend the  labor  law  and  the  public  health  law,  in
   relation  to indexing the minimum wage to inflation (Part S); to amend
   the New York city charter, the education law,  the  general  municipal
   law,  the  labor  law, the public authorities law, chapter 1016 of the
   laws of 1969 constituting the  New  York  city  health  and  hospitals
   corporation  act, and chapter 749 of the laws of 2019 constituting the
   New York city public works investment act, in  relation  to  providing
   for employment opportunities for economically disadvantaged candidates
   and  economically  disadvantaged  region candidates and apprenticeship
   utilization on public transactions; and providing for  the  repeal  of
   such  provisions upon expiration thereof (Part T); to amend the social
   services law, in relation to eligibility for  child  care  assistance;
   and  to  repeal  certain provisions of such law relating thereto (Part
   U); to amend part N of chapter 56 of the laws of  2020,  amending  the
   social  services  law relating to restructuring financing for residen-
   tial school placements, in relation to the effectiveness thereof (Part
   V); to amend subpart A of chapter 57 of the laws of 2012 amending  the
   social  services law and the family court act relating to establishing
   a juvenile justice services close to home  initiative,  and  to  amend
   subpart  B  of  part  G of chapter 57 of the laws of 2012 amending the
   social services law, the family court act and the executive law relat-
   ing to juvenile delinquents, in relation  to  making  such  provisions
   permanent  (Part  W); to amend the social services law, in relation to
   eliminating  the  requirement  for  combined   education   and   other
   work/activity assignments, directing approval of certain education and
   vocational  training  activities  up to two-year post-secondary degree
   programs and providing for a disregard of earned income received by  a
   recipient  of public assistance derived from participating in a quali-
   fied work activity or training program, and further  providing  for  a
   one-time  disregard of earned income following job entry for up to six
   consecutive months under certain circumstances (Part X); to amend  the
   social  services  law, in relation to the replacement of stolen public
   assistance (Part Y); and to amend the social services law, in relation
   to increasing the standards of monthly need for aged, blind and  disa-
   bled persons living in the community (Part Z)
 
   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 2023-2024 state fiscal year. Each component is
 wholly contained within a Part identified as  Parts  A  through  Z.  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
 S. 4006                             4                            A. 3006
 
 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 chapter 556 of the laws of 2022, 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
 S. 4006                             5                            A. 3006
 
 thousand  fourteen  school  year;  and  provided  further that, a school
 district that submitted a contract for excellence for the  two  thousand
 fourteen--two  thousand  fifteen  school year, unless all schools in the
 district are identified as in good standing, shall submit a contract for
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year which shall, notwithstanding the requirements of subparagraph  (vi)
 of  paragraph  a  of  subdivision  two  of this section, provide for the
 expenditure of an amount  which  shall  be  not  less  than  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further  that a school district that submitted a contract for excellence
 for the two thousand fifteen--two thousand sixteen school  year,  unless
 all  schools  in  the district are identified as in good standing, shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of subparagraph (vi) of paragraph a of subdivision two of this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  fifteen--two  thousand sixteen school year; and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the two thousand sixteen--two thousand seventeen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 seventeen--two thousand eighteen school year which shall,  notwithstand-
 ing  the requirements of subparagraph (vi) of paragraph a of subdivision
 two of this section, provide for the  expenditure  of  an  amount  which
 shall  be  not  less than the amount approved by the commissioner in the
 contract for excellence  for  the  two  thousand  sixteen--two  thousand
 seventeen  school year; and provided further that a school district that
 submitted a contract for excellence for the two thousand  seventeen--two
 thousand  eighteen  school  year, unless all schools in the district are
 identified as in good standing, shall submit a contract  for  excellence
 for  the  two thousand eighteen--two thousand nineteen school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than the  amount  approved  by  the
 commissioner  in the contract for excellence for the two thousand seven-
 teen--two thousand eighteen school year; and provided  further  that,  a
 school  district  that  submitted  a contract for excellence for the two
 thousand eighteen--two thousand nineteen school year, unless all schools
 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
 S. 4006                             6                            A. 3006
 
 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,
 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; 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 para-
 graph a of subdivision two of this section. For purposes of  this  para-
 graph,  the  "gap elimination adjustment percentage" shall be calculated
 as the sum of one minus the quotient of the sum of the school district's
 net gap elimination adjustment for two thousand ten--two thousand eleven
 computed pursuant to chapter fifty-three of the  laws  of  two  thousand
 ten,  making  appropriations  for  the  support  of government, plus the
 school district's gap elimination adjustment for two  thousand  eleven--
 two  thousand  twelve as computed pursuant to chapter fifty-three of the
 laws of two thousand eleven, making appropriations for  the  support  of
 the  local  assistance budget, including support for general support for
 public schools, divided by the total aid for adjustment computed  pursu-
 ant  to  chapter  fifty-three of the laws of two thousand eleven, making
 appropriations for the local assistance budget,  including  support  for
 general  support for public schools. Provided, further, that such amount
 shall be expended to support and maintain allowable programs and  activ-
 ities approved in the two thousand nine--two thousand ten school year or
 to  support  new  or  expanded  allowable programs and activities in the
 current year.
   § 2. Subdivision 4 of section 3602 of the education law is amended  by
 adding a new paragraph k to read as follows:
   K.  FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOU-
 SAND TWENTY-FOUR SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO
 THE  CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--
 S. 4006                             7                            A. 3006
 
 TWO THOUSAND TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO THE  SUM  OF  THE
 TOTAL  FOUNDATION  AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVI-
 SION ONE OF THIS SECTION PLUS THE GREATER OF (A)  THE  POSITIVE  DIFFER-
 ENCE, IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH
 A  OF  THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED
 PURSUANT TO PARAGRAPH 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.  Subdivision  4  of  section 3602 of education law is amended by
 adding a new paragraph e-1 to read as follows:
   E-1. HIGH-IMPACT TUTORING SET-ASIDE.  FOR  THE  TWO  THOUSAND  TWENTY-
 THREE--TWO  THOUSAND TWENTY-FOUR SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL
 SET ASIDE FROM ITS TOTAL FOUNDATION AID THE AMOUNT SET  FORTH  FOR  EACH
 SCHOOL  DISTRICT  AS  "HIGH-IMPACT TUTORING SET-ASIDE" UNDER THE HEADING
 "2023-24 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED  BY
 THE  COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO
 THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND ENTITLED
 "BT232-4", AS COMPUTED PURSUANT TO THIS PARAGRAPH. EACH SCHOOL  DISTRICT
 SHALL  USE  SUCH  HIGH-IMPACT TUTORING SET-ASIDE AMOUNT TO DELIVER SMALL
 GROUP OR INDIVIDUAL TUTORING SESSIONS  IN  READING  AND  MATHEMATICS  TO
 STUDENTS  IN  GRADES  THREE  THROUGH  EIGHT  DESIGNATED  BY  EACH SCHOOL
 DISTRICT AS AT RISK OF FALLING BELOW STATE STANDARDS. SUCH SERVICES  AND
 SESSIONS  MAY BE PROVIDED DURING THE SCHOOL DAY, BEFORE OR AFTER SCHOOL,
 OR ON THE WEEKEND AND MUST OCCUR NO LESS THAN TWICE PER WEEK FOR NO LESS
 THAN THIRTY MINUTES UNTIL THE STUDENT IS  NO  LONGER  DESIGNATED  AS  AT
 RISK.  THE  FUNDS  SET  ASIDE  UNDER  THIS SECTION SHALL ONLY BE USED TO
 SUPPLEMENT CURRENT FEDERAL, STATE AND LOCAL FUNDING AND IN NO CASE SHALL
 SUPPLANT CURRENT DISTRICT EXPENDITURES OF FEDERAL, STATE OR LOCAL  FUNDS
 ON HIGH-IMPACT TUTORING.
   (1) FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL
 YEAR,  FOR  DISTRICTS  SUBJECT TO A HIGH-IMPACT TUTORING SET-ASIDE, THIS
 SET-ASIDE SHALL EQUAL THE GREATER OF: (I) ONE HUNDRED  THOUSAND  DOLLARS
 OR  (II)  THE PRODUCT OF (A) ONE THOUSAND ONE HUNDRED SEVENTY-SEVEN TEN-
 THOUSANDTHS (0.1177) MULTIPLIED BY (B) THE FOUNDATION AID INCREASE BASE.
   (2) A DISTRICT SHALL BE SUBJECT TO THE HIGH-IMPACT TUTORING  SET-ASIDE
 FOR  THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR
 IF (I) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE FOUNDATION AID INCREASE
 BY THE FOUNDATION AID BASE IS GREATER THAN THREE HUNDREDTHS  (0.03)  AND
 (II)  THE FOUNDATION AID INCREASE BASE IS GREATER THAN ONE HUNDRED THOU-
 SAND DOLLARS ($100,000).
   (3) FOR PURPOSES OF THIS PARAGRAPH, "FOUNDATION  AID  INCREASE"  SHALL
 EQUAL  THE  POSITIVE DIFFERENCE OF THE AMOUNTS SET FORTH FOR EACH SCHOOL
 DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2023-24 ESTIMATED  AIDS"
 IN  THE  SCHOOL  AID  COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN
 SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR  THE  TWO  THOUSAND  TWENTY-
 THREE--TWO  THOUSAND TWENTY-FOUR SCHOOL YEAR AND ENTITLED "BT232-4" LESS
 THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER
 THE HEADING "2022-23 BASE YEAR AIDS" IN SUCH COMPUTER LISTING.
   (4) FOR PURPOSES OF THIS PARAGRAPH,  "FOUNDATION  AID  INCREASE  BASE"
 SHALL  EQUAL THE POSITIVE DIFFERENCE OF THE FOUNDATION AID INCREASE LESS
 THE PRODUCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE  TOTAL  FOUNDA-
 TION AID BASE.
   §  4.   Subdivision 9 of section 2852 of the education law, as amended
 by section 2 of subpart A of part B of chapter 20 of the laws  of  2015,
 is amended to read as follows:
 S. 4006                             8                            A. 3006

   9. The total number of charters issued pursuant to this article state-
 wide  shall not exceed four hundred sixty. (a) All charters issued on or
 after July first, two thousand fifteen and counted toward the  numerical
 limits  established  by this subdivision shall be issued by the board of
 regents  upon  application  directly  to  the board of regents or on the
 recommendation of the board of trustees of the state university  of  New
 York  pursuant  to  a competitive process in accordance with subdivision
 nine-a of this section. [Fifty of such charters issued on or after  July
 first,  two thousand fifteen, and no more, shall be granted to a charter
 for a school to be located in a city having a population of one  million
 or  more.]  The  failure of any body to issue the regulations authorized
 pursuant to this article shall not affect the  authority  of  a  charter
 entity  to  propose  a  charter  to the board of regents or the board of
 regents' authority to grant such charter. A conversion  of  an  existing
 public  school  to  a  charter  school, or the renewal or extension of a
 charter approved by any charter entity, OR THE REISSUANCE OF  A  SURREN-
 DERED,  REVOKED OR TERMINATED CHARTER PURSUANT TO PARAGRAPH (B) OR (B-1)
 OF THIS SUBDIVISION shall not be counted  toward  the  numerical  limits
 established by this subdivision.
   (b)  A  charter that has been surrendered, revoked or terminated on or
 before July first, two thousand fifteen, including a  charter  that  has
 not been renewed by action of its charter entity, may be reissued pursu-
 ant  to paragraph (a) of this subdivision by the board of regents either
 upon application directly to the board of regents or on the  recommenda-
 tion of the board of trustees of the state university of New York pursu-
 ant  to  a  competitive process in accordance with subdivision nine-a of
 this section. Provided that such reissuance shall not be counted  toward
 the  statewide  numerical  limit  established  by  this subdivision, and
 provided further that no more than twenty-two charters may  be  reissued
 pursuant to this paragraph.
   (B-1)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A CHARTER
 THAT HAS BEEN SURRENDERED, REVOKED OR TERMINATED AFTER JULY  FIRST,  TWO
 THOUSAND  FIFTEEN,  INCLUDING  A  CHARTER  THAT  HAS NOT BEEN RENEWED BY
 ACTION OF ITS CHARTER ENTITY, MAY BE REISSUED PURSUANT TO PARAGRAPH  (A)
 OF  THIS  SUBDIVISION  BY  THE  BOARD OF REGENTS EITHER UPON APPLICATION
 DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF  THE  BOARD
 OF  TRUSTEES  OF  THE STATE UNIVERSITY OF NEW YORK PURSUANT TO A COMPET-
 ITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION  NINE-A  OF  THIS  SECTION.
 PROVIDED  THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD THE STATEWIDE
 NUMERICAL LIMIT ESTABLISHED BY THIS SUBDIVISION.
   (c) For purposes of determining the total number  of  charters  issued
 within  the  numerical  limits  established  by  this  subdivision,  the
 approval date of the charter entity shall be the determining factor.
   (d) Notwithstanding any provision of this article to the contrary, any
 charter authorized to be issued by chapter fifty-seven of  the  laws  of
 two  thousand  seven  effective July first, two thousand seven, and that
 remains unissued as of July first, two thousand fifteen, may  be  issued
 pursuant  to the provisions of law applicable to a charter authorized to
 be issued by such chapter in effect as of June fifteenth,  two  thousand
 fifteen[;  provided  however  that  nothing  in  this paragraph shall be
 construed to increase the numerical limit applicable to a city having  a
 population  of  one million or more as provided in paragraph (a) of this
 subdivision, as amended by a chapter of the laws of two thousand fifteen
 which added this paragraph].
 S. 4006                             9                            A. 3006
 
   § 5. Paragraph c of subdivision 1 of section  3602  of  the  education
 law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
   c. "Actual valuation" shall mean the valuation of taxable real proper-
 ty  in  a  school  district obtained by taking the assessed valuation of
 taxable real property within  such  district  as  it  appears  upon  the
 assessment  roll  of  the  town,  city, village, or county in which such
 property is located, for the calendar year two years prior to the calen-
 dar year in which the base year commenced, after revision as provided by
 law, PLUS ANY ASSESSED VALUATION THAT WAS EXEMPTED FROM TAXATION  PURSU-
 ANT  TO  THE CLASS ONE REASSESSMENT EXEMPTION AUTHORIZED BY SECTION FOUR
 HUNDRED EIGHTY-FIVE-U OF THE REAL PROPERTY TAX LAW  OR  THE  RESIDENTIAL
 REVALUATION  EXEMPTION  AUTHORIZED BY SECTION FOUR HUNDRED EIGHTY-FIVE-V
 OF SUCH LAW AS ADDED BY CHAPTER FIVE HUNDRED SIXTY OF THE  LAWS  OF  TWO
 THOUSAND  TWENTY-ONE,  and dividing it by the state equalization rate as
 determined by the [state board of equalization and  assessment]  COMMIS-
 SIONER  OF  TAXATION  AND FINANCE, for the assessment roll of such town,
 city, village, or county completed during such preceding calendar  year.
 The  actual valuation of a central high school district shall be the sum
 of such valuations of its component  districts.  Such  actual  valuation
 shall  include  any  actual  valuation equivalent of payments in lieu of
 taxes determined pursuant to section four  hundred  eighty-five  of  the
 real property tax law. "Selected actual valuation" shall mean the lesser
 of  actual  valuation  calculated for aid payable in the current year or
 the two-year average of the actual valuation calculated for aid  payable
 in  the current year and the actual valuation calculated for aid payable
 in the base year.
   § 6. Paragraph d of subdivision 1 of section  3602  of  the  education
 law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
   d. "Average daily attendance" shall mean the total number  of  attend-
 ance  days  of pupils in a public school of a school district in kinder-
 garten through grade twelve, or equivalent ungraded programs,  plus  the
 total  number  of  instruction  days for such pupils receiving homebound
 instruction including pupils receiving [instruction  through  a  two-way
 telephone  communication  system]  REMOTE  INSTRUCTION AS DEFINED IN THE
 REGULATIONS OF THE COMMISSIONER, divided  by  the  number  of  days  the
 district  school was in session as provided in this section. The attend-
 ance of pupils with disabilities attending under the provisions of para-
 graph c of subdivision two of section forty-four  hundred  one  of  this
 chapter shall be added to average daily attendance.
   §  7.  Paragraph  l  of subdivision 1 of section 3602 of the education
 law, as amended by section 11 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   l.  "Average  daily  membership"  shall  mean  the  possible aggregate
 attendance of all pupils in attendance in a public school of the  school
 district  in  kindergarten  through grade twelve, or equivalent ungraded
 programs,  including  possible  aggregate  attendance  for  such  pupils
 receiving homebound instruction, including pupils receiving [instruction
 through  a two-way telephone communication system] REMOTE INSTRUCTION AS
 DEFINED IN THE REGULATIONS OF THE COMMISSIONER, with the possible aggre-
 gate attendance of such pupils in one-half day kindergartens  multiplied
 by  one-half,  divided  by the number of days the district school was in
 session as provided in this section. The full time equivalent enrollment
 of pupils with disabilities attending under the provisions of  paragraph
 c  of  subdivision two of section forty-four hundred one of this chapter
 S. 4006                            10                            A. 3006
 
 shall be added to average daily membership.   Average  daily  membership
 shall  include  the  equivalent  attendance  of  the school district, as
 computed pursuant to paragraph d of this subdivision.  In  any  instance
 where  a  pupil  is  a resident of another state or an Indian pupil is a
 resident of any portion of a reservation located wholly or partly within
 the borders of the state pursuant to subdivision four of section  forty-
 one  hundred one of this chapter or a pupil is living on federally owned
 land or property, such pupil's possible aggregate  attendance  shall  be
 counted  as  part  of  the  possible  aggregate attendance of the school
 district in which such pupil is enrolled.
   § 8. The closing paragraph of subdivision 5-a of section 3602  of  the
 education  law,  as amended by section 14 of part A of chapter 56 of the
 laws of 2022, is amended to read as follows:
   For the two thousand eight--two thousand nine school year, each school
 district shall be entitled to an apportionment equal to the  product  of
 fifteen  percent  and  the additional apportionment computed pursuant to
 this subdivision for the two thousand seven--two thousand  eight  school
 year.  For the two thousand nine--two thousand ten [through two thousand
 twenty-two--two thousand twenty-three] school [years] YEAR AND THEREAFT-
 ER each school district shall be entitled to an apportionment  equal  to
 the  amount  set  forth  for  such  school district as "SUPPLEMENTAL PUB
 EXCESS COST" under the heading "2008-09 BASE YEAR AIDS"  in  the  school
 aid  computer  listing  produced  by  the commissioner in support of the
 budget for the two thousand nine--two thousand ten school year and enti-
 tled "SA0910".
   § 9. Paragraph b of subdivision 6-c of section 3602 of  the  education
 law,  as  amended by section 11 of part CCC of chapter 59 of the laws of
 2018, is amended to read as follows:
   b. For projects approved by the  commissioner  authorized  to  receive
 additional building aid pursuant to this subdivision for the purchase of
 stationary  metal  detectors, security cameras or other security devices
 approved by the commissioner that increase the safety  of  students  and
 school  personnel,  provided  that  for  purposes of this paragraph such
 other security devices shall be limited to electronic  security  systems
 and  hardened  doors,  and  provided  that  for projects approved by the
 commissioner on or after the first day of  July  two  thousand  thirteen
 [and  before the first day of July two thousand twenty-three] such addi-
 tional aid shall equal  the  product  of  (i)  the  building  aid  ratio
 computed for use in the current year pursuant to paragraph c of subdivi-
 sion  six  of this section plus ten percentage points, except that in no
 case shall this amount exceed one hundred percent, and (ii)  the  actual
 approved  expenditures incurred in the base year pursuant to this subdi-
 vision, provided that the limitations on cost allowances  prescribed  by
 paragraph  a  of  subdivision  six  of this section shall not apply, and
 provided further that any projects aided under this  paragraph  must  be
 included  in  a  district's  school  safety plan. The commissioner shall
 annually prescribe a special cost allowance  for  metal  detectors,  and
 security  cameras,  and  the approved expenditures shall not exceed such
 cost allowance.
   § 10. Paragraph i of subdivision 12 of section 3602 of  the  education
 law,  as  amended  by  section 15 of part A of chapter 56 of the laws of
 2022, is amended to read as follows:
   i. For the two thousand  twenty-one--two  thousand  twenty-two  school
 year [and] THROUGH the two thousand [twenty-two] TWENTY-THREE--two thou-
 sand  [twenty-three] TWENTY-FOUR school year, each school district shall
 be entitled to an apportionment equal to the amount set forth  for  such
 S. 4006                            11                            A. 3006
 
 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.
   § 11. The opening paragraph of subdivision 16 of section 3602  of  the
 education  law,  as amended by section 16 of part A of chapter 56 of the
 laws of 2022, is amended to read as follows:
   Each school district shall be eligible  to  receive  a  high  tax  aid
 apportionment  in the two thousand eight--two thousand nine school year,
 which shall equal the greater of (i) the sum of the tier 1 high tax  aid
 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
 tax  aid apportionment or (ii) the product of the apportionment received
 by the school district pursuant to this subdivision in the two  thousand
 seven--two  thousand  eight  school  year, multiplied by the due-minimum
 factor, which shall equal, for districts with an alternate pupil  wealth
 ratio  computed  pursuant  to  paragraph  b of subdivision three of this
 section that is less than two, seventy percent (0.70), and for all other
 districts, fifty percent (0.50). Each school district shall be  eligible
 to  receive  a  high tax aid apportionment in the two thousand nine--two
 thousand ten through two thousand twelve--two thousand  thirteen  school
 years in the amount set forth for such school district as "HIGH TAX AID"
 under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  nine--two thousand ten school year and entitled "SA0910".
 Each school district shall be eligible to receive a high tax aid  appor-
 tionment in the two thousand thirteen--two thousand fourteen through two
 thousand  [twenty-two] TWENTY-THREE--two thousand [twenty-three] TWENTY-
 FOUR school years equal to the greater of (1) the amount set  forth  for
 such  school  district as "HIGH TAX AID" under the heading "2008-09 BASE
 YEAR AIDS" in the school aid computer listing produced  by  the  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".
   § 12. Section 3602-e of the education law is amended by adding  a  new
 subdivision 3 to read as follows:
   3.  PROSPECTIVE  PREKINDERGARTEN ENROLLMENT REPORTING. A. BEGINNING IN
 THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, ALL
 SCHOOL DISTRICTS ELIGIBLE TO RECEIVE AN APPORTIONMENT UNDER THIS SECTION
 OR SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART SHALL ANNUALLY  REPORT
 TO  THE  COMMISSIONER:  (I)  THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN
 STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL-DAY AND HALF-DAY SLOTS IN
 DISTRICT-OPERATED PROGRAMS IN THE CURRENT YEAR; (II) THE NUMBER OF FOUR-
 YEAR-OLD PREKINDERGARTEN STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL-
 DAY AND HALF-DAY SLOTS IN PROGRAMS OPERATED BY COMMUNITY-BASED ORGANIZA-
 TIONS  IN  THE  CURRENT  YEAR;  (III)  THE   NUMBER   OF   FOUR-YEAR-OLD
 PREKINDERGARTEN STUDENTS WHOSE PARENT OR GUARDIAN HAS APPLIED FOR A SEAT
 FOR THEM IN THE CURRENT YEAR, BUT TO WHOM THE DISTRICT LACKS CAPACITY TO
 OFFER  A  SEAT; (IV) THE TOTAL NUMBER OF FOUR-YEAR-OLD CHILDREN RESIDING
 IN THE DISTRICT WHO ARE ELIGIBLE TO BE SERVED  UNDER  THIS  SECTION  AND
 SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART, INCLUDING STUDENTS WHOSE
 S. 4006                            12                            A. 3006
 
 PARENT  OR GUARDIAN DID NOT APPLY, WHERE SUCH INFORMATION CAN BE REASON-
 ABLY ASCERTAINED; (V) THE TOTAL NUMBER OF STUDENTS WHO ARE  ELIGIBLE  TO
 ENROLL  IN  FOUR-YEAR-OLD  PREKINDERGARTEN  BUT  ARE  SERVED  IN PRIVATE
 SETTINGS  OR  WHOSE  PARENT  OR  GUARDIAN  HAS  NOT CHOSEN TO ENROLL THE
 STUDENT IN A PREKINDERGARTEN  PROGRAM  WHERE  SUCH  INFORMATION  CAN  BE
 REASONABLY  ASCERTAINED;  AND  (VI)  ANY  OTHER INFORMATION AVAILABLE TO
 DISTRICTS AND NECESSARY TO ACCURATELY  ESTIMATE  THE  UNMET  DEMAND  FOR
 FOUR-YEAR-OLD  PREKINDERGARTEN SERVICES WITHIN THE DISTRICT. THIS REPORT
 SHALL BE DUE NO LATER THAN SEPTEMBER FIRST OF EACH  YEAR  AND  SHALL  BE
 COLLECTED  AS  PART OF THE APPLICATION SPECIFIED PURSUANT TO SUBDIVISION
 FIVE OF THIS SECTION. BEGINNING NOVEMBER  FIRST,  TWO  THOUSAND  TWENTY-
 THREE,  THE  COMMISSIONER  SHALL  ANNUALLY SUBMIT A REPORT TO THE CHAIR-
 PERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRPERSON OF  THE
 SENATE  FINANCE  COMMITTEE  AND  THE  DIRECTOR OF THE BUDGET WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO  THE  INFORMATION  REPORTED  BY  DISTRICTS
 UNDER THIS SUBDIVISION.
   § 13. Subdivision 20 of section 3602-e of the education law is amended
 by adding a new paragraph b to read as follows:
   B. TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
   (I) THE UNIVERSAL PREKINDERGARTEN EXPANSION FOR THE TWO THOUSAND TWEN-
 TY-THREE--TWO  THOUSAND  TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO TWICE
 THE PRODUCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2)  SELECTED  AID  PER
 PREKINDERGARTEN  PUPIL  CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARA-
 GRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND  TWENTY-
 THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
   (II)  FOR PURPOSES OF THIS PARAGRAPH, "EXPANSION SLOTS" SHALL BE SLOTS
 FOR NEW FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS  FOR  PURPOSES  OF
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  B OF SUBDIVISION TEN OF THIS SECTION.
 EXPANSION SLOTS SHALL BE EQUAL TO THE POSITIVE DIFFERENCE,  IF  ANY,  OF
 (1) THE PRODUCT OF EIGHT HUNDRED NINETY-SEVEN THOUSANDTHS (0.897) MULTI-
 PLIED  BY  UNSERVED  FOUR-YEAR-OLD  PREKINDERGARTEN PUPILS AS DEFINED IN
 SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION LESS
 (2) THE SUM OF FOUR-YEAR-OLD STUDENTS SERVED PLUS THE UNDERSERVED COUNT.
 IF SUCH EXPANSION SLOTS ARE GREATER THAN OR EQUAL TO TEN BUT  LESS  THAN
 TWENTY, THE EXPANSION SLOTS SHALL BE TWENTY; IF SUCH EXPANSION SLOTS ARE
 LESS  THAN TEN, THE EXPANSION SLOTS SHALL BE ZERO; AND FOR A CITY SCHOOL
 DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR  MORE,  THE
 EXPANSION SLOTS SHALL BE ZERO.
   (III)  FOR PURPOSES OF THIS PARAGRAPH, "FOUR-YEAR-OLD STUDENTS SERVED"
 SHALL BE EQUAL TO THE SUM OF (1) THE NUMBER  OF  FOUR-YEAR-OLD  STUDENTS
 SERVED IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH
 MUST MEET THE REQUIREMENTS OF THIS SECTION AS REPORTED TO THE DEPARTMENT
 FOR  THE  TWO  THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR,
 PLUS (2)  THE  NUMBER  OF  FOUR-YEAR-OLD  STUDENTS  SERVED  IN  FULL-DAY
 SETTINGS  IN  A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF
 SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART AND FOR WHICH GRANTS WERE
 AWARDED PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
 YEAR, PLUS (3) THE NUMBER OF EXPANSION SLOTS ALLOCATED PURSUANT TO PARA-
 GRAPH B OF SUBDIVISION NINETEEN OF THIS SECTION, PLUS (4) THE NUMBER  OF
 EXPANSION  SLOTS  ALLOCATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION,
 PLUS (5) THE MAXIMUM NUMBER OF STUDENTS THAT MAY BE SERVED  IN  FULL-DAY
 PREKINDERGARTEN  PROGRAMS  FUNDED BY GRANTS WHICH MUST MEET THE REQUIRE-
 MENTS OF SECTION THIRTY-SIX HUNDRED  TWO-EE  OF  THIS  PART  FOR  GRANTS
 AWARDED  IN  THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO OR TWO
 THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR.
 S. 4006                            13                            A. 3006
 
   (IV) FOR PURPOSES OF THIS PARAGRAPH, THE UNDERSERVED  COUNT  SHALL  BE
 EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE SUM OF (A) ELIGIBLE
 FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH
 (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOU-
 SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, PLUS (B) THE PROD-
 UCT OF FIVE-TENTHS (0.5) AND THE ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKIN-
 DERGARTEN  PUPILS  AS  DEFINED  IN  SUBPARAGRAPH (III) OF PARAGRAPH B OF
 SUBDIVISION TEN OF THIS SECTION FOR  THE  TWO  THOUSAND  TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO SCHOOL YEAR, LESS (2) THE POSITIVE DIFFERENCE OF (A)
 THE  NUMBER  OF  FOUR-YEAR-OLD  STUDENTS SERVED IN FULL-DAY AND HALF-DAY
 SETTINGS IN A STATE-FUNDED PROGRAM WHICH MUST MEET THE  REQUIREMENTS  OF
 THIS  SECTION AS REPORTED TO THE DEPARTMENT FOR THE TWO THOUSAND TWENTY-
 ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, WITH STUDENTS SERVED IN  HALF-
 DAY  SETTINGS  MULTIPLIED  BY  FIVE-TENTHS (0.5), LESS (B) THE NUMBER OF
 PUPILS SERVED IN  A  CONVERSION  SLOT  PURSUANT  TO  SECTION  THIRTY-SIX
 HUNDRED TWO-EE OF THIS PART IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO SCHOOL YEAR MULTIPLIED BY FIVE-TENTHS (0.5).
   § 14. Paragraph d of subdivision 12 of section 3602-e of the education
 law,  as  amended by section 17-b of part A of chapter 56 of the laws of
 2022, is amended to read as follows:
   d. transitional guidelines and rules which allow a program to meet the
 required staff qualifications  and  any  other  requirements  set  forth
 pursuant to this section and regulations adopted by the board of regents
 and  the  commissioner;  provided that such guidelines include an annual
 process by which a district may apply to the  commissioner  by  [August]
 SEPTEMBER first of the current school year for a waiver that would allow
 personnel  employed  by  an eligible agency that is collaborating with a
 school district to provide prekindergarten services and licensed  by  an
 agency  other  than  the  department,  to  meet the staff qualifications
 prescribed by the licensing or registering  agency.  Provided,  further,
 that  the  commissioner  shall  annually  submit a report by [September]
 NOVEMBER first to the chairperson of the assembly ways and means commit-
 tee, the chairperson of the senate finance committee and the director of
 the budget which shall include but not be limited to the following:  (a)
 a  listing  of  the school districts receiving a waiver pursuant to this
 paragraph from the commissioner for the current  school  year;  (b)  the
 number and proportion of students within each district receiving a waiv-
 er  pursuant  to  this  paragraph  for  the current school year that are
 receiving instruction from personnel employed by an eligible agency that
 is collaborating with  a  school  district  to  provide  prekindergarten
 services  and  licensed  by an agency other than the department; and (c)
 the number and proportion of total prekindergarten  personnel  for  each
 school  district  that  are providing instructional services pursuant to
 this paragraph that are employed by an eligible agency that  is  collab-
 orating  with  a school district to provide prekindergarten services and
 licensed by an agency other than the department, to meet the staff qual-
 ifications prescribed by the licensing or registering agency.
   § 15. Paragraph c of subdivision 8 of section 3602-ee of the education
 law, as amended by section 17-a of part A of chapter 56 of the  laws  of
 2022, is amended to read as follows:
   (c) for eligible agencies as defined in paragraph b of subdivision one
 of section thirty-six hundred two-e of this part that are not schools, a
 bachelor's degree in early childhood education. Provided however, begin-
 ning  with the two thousand twenty-two--two thousand twenty-three school
 year, a school district  may  annually  apply  to  the  commissioner  by
 [August]  SEPTEMBER  first  of the current school year for a waiver that
 S. 4006                            14                            A. 3006
 
 would allow personnel employed by an eligible agency that is collaborat-
 ing with a school  district  to  provide  prekindergarten  services  and
 licensed by an agency other than the department, to meet the staff qual-
 ifications  prescribed  by the licensing or registering agency. Provided
 further that the commissioner shall annually submit a report by [Septem-
 ber] NOVEMBER first to the chairperson of the assembly  ways  and  means
 committee,  the  chairperson  of  the  senate  finance committee and the
 director of the budget which shall include but not  be  limited  to  the
 following:  (a)  a  listing  of  the school districts receiving a waiver
 pursuant to this paragraph from the commissioner for the current  school
 year;  (b)  the  number  and proportion of students within each district
 receiving a waiver pursuant to this paragraph  for  the  current  school
 year that are receiving instruction from personnel employed by an eligi-
 ble agency that is collaborating with a school district to provide prek-
 indergarten  services  and  licensed by an agency other than the depart-
 ment; and  (c)  the  number  and  proportion  of  total  prekindergarten
 personnel  for  each  school  district  that are providing instructional
 services pursuant to this paragraph that are  employed  by  an  eligible
 agency  that  is collaborating with a school district to provide prekin-
 dergarten services and licensed by an agency other than the  department,
 to  meet  the staff qualifications prescribed by the licensing or regis-
 tering agency.
   § 16. Subdivision 16 of section  3602-ee  of  the  education  law,  as
 amended  by  section  17 of part A of chapter 56 of the laws of 2022, 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-three] TWENTY-FOUR; provided that the program shall continue and
 remain in full effect.
   § 17. 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-
 S. 4006                            15                            A. 3006

 ing  school year and the positive remainder of the district's unreserved
 fund balance at the close of the preceding school year less the  product
 of  the  district's  total  general  fund expenditures for the preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments.  The amount to be recovered in the second year shall equal the
 lesser of the remaining amount of such excess payments to  be  recovered
 or  one-third  of such excess payments, and the remaining amount of such
 excess payments shall be recovered in the third year.  Provided  further
 that,  notwithstanding  any  other  provisions  of this subdivision, any
 pending payment of moneys due to such district as a prior  year  adjust-
 ment  payable pursuant to paragraph c of this subdivision for aid claims
 that had been previously paid as current year aid payments in excess  of
 the  amount  to which the district is entitled and for which recovery of
 excess payments is to be made  pursuant  to  this  paragraph,  shall  be
 reduced  at  the  time  of  actual  payment by any remaining unrecovered
 balance of such excess payments, and the remaining scheduled  deductions
 of  such  excess payments pursuant to this paragraph shall be reduced by
 the commissioner to reflect the amount so recovered.  [The  commissioner
 shall certify no payment to a school district based on a claim submitted
 later  than three years after the close of the school year in which such
 payment was first to be made.  For claims for which payment is first  to
 be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
 the commissioner shall certify no payment to a school district based  on
 a  claim  submitted  later than two years after the close of such school
 year.] For claims for which payment is first to be made [in the nineteen
 hundred ninety-seven--ninety-eight school year and thereafter] PRIOR  TO
 THE  TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE 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-TWO--TWO THOUSAND TWENTY-THREE 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-TWO-
 -TWO THOUSAND TWENTY-THREE AND TWO THOUSAND  TWENTY-THREE--TWO  THOUSAND
 TWENTY-FOUR SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A
 SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS  PURSUANT TO SUBDIVISIONS FOUR,
 SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
 FILE USED TO PRODUCE THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY  THE
 COMMISSIONER  IN  SUPPORT  OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
 THE TWO THOUSAND TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR  STATE  FISCAL
 YEAR  AND  ENTITLED  "BT232-4", AND FURTHER PROVIDED THAT FOR ANY APPOR-
 TIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED
 ELEVEN, SEVEN HUNDRED FIFTY-ONE,  SEVEN  HUNDRED  FIFTY-THREE,  NINETEEN
 S. 4006                            16                            A. 3006
 
 HUNDRED  FIFTY,  THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIR-
 TY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E  AND  FORTY-FOUR  HUNDRED
 FIVE  OF  THIS  CHAPTER  FOR  THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
 TWENTY-FIVE  SCHOOL  YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY
 NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO  SUBDI-
 VISIONS  FOUR, SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX
 HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON  AN
 ELECTRONIC  DATA  FILE  USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING
 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET  REQUEST
 SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
   § 18. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  19 of part A of chapter 56 of the laws of 2022, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the  two  thousand  twenty-two--two thousand twenty-three
 school year, "moneys apportioned" shall mean the lesser of (i)  the  sum
 of  one  hundred  percent  of  the  respective amount set forth for each
 school district as payable pursuant to this section in  the  school  aid
 computer  listing  for  the current year produced by the commissioner in
 support of the budget which includes the 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-two--two thousand twenty-
 three school year, reference to such "school aid  computer  listing  for
 the  current year" shall mean the printouts entitled "SA222-3".] FOR AID
 PAYABLE IN  THE  TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR
 SCHOOL  YEAR  AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE SUM OF
 APPORTIONMENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF SECTION  THIRTY-
 SIX  HUNDRED TWO OF THIS ARTICLE PLUS THE LESSER OF:  (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
 S. 4006                            17                            A. 3006
 
 THE  EXECUTIVE  BUDGET  REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE
 GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDI-
 VIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT  YEAR  PLUS
 THE  APPORTIONMENT  PAYABLE  DURING  THE CURRENT SCHOOL YEAR PURSUANT TO
 SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
 PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT  TO  SUBDIVISION
 SEVEN  OF  SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY DEDUCTION
 FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAPTER FOR COLLECTION OF  A
 SCHOOL  DISTRICT  BASIC  CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF
 SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED
 PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B  OF  SUBDIVISION  FOUR  OF
 SECTION  NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED
 PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN  OF  THE  STATE
 FINANCE  LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF
 SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS  ARTICLE,  LESS  APPORTION-
 MENTS  PROVIDED  PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION THIRTY-SIX
 HUNDRED TWO OF THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE
 COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED,
 EXCLUDING  APPORTIONMENTS  PROVIDED  PURSUANT  TO  SUBDIVISION  FOUR  OF
 SECTION  THIRTY-SIX  HUNDRED TWO OF THIS ARTICLE; PROVIDED HOWEVER, THAT
 FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR  TO
 THE  FIRST  BUSINESS DAY OF JUNE OF THE CURRENT YEAR, MONEYS APPORTIONED
 SHALL NOT INCLUDE ANY AIDS PAYABLE  PURSUANT  TO  SUBDIVISIONS  SIX  AND
 FOURTEEN,  IF 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. 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 "BT232-4".
   § 19. Section 3638 of the education law is amended  by  adding  a  new
 subdivision 7 to read as follows:
   7. ZERO-EMISSION BUS PROGRESS REPORTING. A. BEGINNING IN THE TWO THOU-
 SAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR  SCHOOL  YEAR, ALL SCHOOL
 DISTRICTS ELIGIBLE TO RECEIVE AN APPORTIONMENT UNDER  SUBDIVISION  SEVEN
 OF  SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL ANNUALLY SUBMIT
 TO THE COMMISSIONER A PROGRESS REPORT ON THE IMPLEMENTATION OF  ZERO-EM-
 ISSION  BUSES  AS  REQUIRED UNDER THIS SECTION IN A FORMAT PRESCRIBED BY
 THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET.  THE REPORT
 SHALL INCLUDE, BUT NOT BE LIMITED TO, (I) SUFFICIENCY  OF  THE  ELECTRIC
 GRID  TO SUPPORT ANTICIPATED ELECTRICAL NEEDS, (II) THE AVAILABILITY AND
 INSTALLATION OF CHARGING  STATIONS  AND  OTHER  COMPONENTS  REQUIRED  TO
 SUPPORT THE ANTICIPATED FULL NEEDS FOR ZERO-EMISSION SCHOOL BUSES, (III)
 PROGRESS  OF  THE  TRAINING AND WORKFORCE DEVELOPMENT NEEDED TO SUPPORT,
 MAINTAIN, AND SERVICE ZERO-EMISSION BUSES, (IV) THE NUMBER  AND  PROPOR-
 TION  OF ZERO-EMISSION BUSES PURCHASED, LEASED, OR UTILIZED BY DISTRICTS
 PROVIDING TRANSPORTATION SERVICES CURRENTLY IN USE AND THE TOTAL  ANTIC-
 IPATED  NUMBER FOR THE NEXT TWO YEARS, AND (V) THE NUMBER AND PROPORTION
 OF ZERO-EMISSION BUSES PURCHASED, LEASED,  OR  UTILIZED  BY  CONTRACTORS
 PROVIDING  TRANSPORTATION SERVICES CURRENTLY IN USE AND THE TOTAL ANTIC-
 IPATED NUMBER FOR THE NEXT TWO YEARS.   THESE REPORTS SHALL  BE  DUE  NO
 LATER  THAN  AUGUST  FIRST  OF EACH YEAR.   BEGINNING OCTOBER FIRST, TWO
 THOUSAND TWENTY-THREE, THE COMMISSIONER SHALL ANNUALLY SUBMIT  A  REPORT
 TO  THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR-
 PERSON OF THE SENATE FINANCE COMMITTEE AND THE DIRECTOR  OF  THE  BUDGET
 S. 4006                            18                            A. 3006
 
 WHICH  SHALL  INCLUDE  BUT NOT BE LIMITED TO THE INFORMATION REPORTED BY
 DISTRICTS UNDER THIS SUBDIVISION.
   §  20.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
 relating to funding a program for work force education conducted by  the
 consortium  for worker education in New York city, as amended by section
 20 of part A of chapter 56 of the laws of 2022, 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,  [and]  reimbursement  for  the  2022--2023  school year shall not
 exceed 55.7 percent of the lesser of such approvable costs  per  contact
 hour or sixteen dollars and sixty cents per contact hour, AND REIMBURSE-
 MENT FOR THE 2023--2024 SCHOOL YEAR SHALL NOT EXCEED 54.7 PERCENT OF THE
 LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR EIGHTEEN DOLLARS PER
 CONTACT  HOUR,  and  where  a  contact  hour represents sixty minutes of
 instruction services provided to an eligible adult.  Notwithstanding any
 other provision of law to the contrary, for the 2018--2019  school  year
 such contact hours shall not exceed one million four hundred sixty-three
 thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school
 year  such  contact  hours  shall  not  exceed  one million four hundred
 forty-four  thousand  four  hundred  forty-four  (1,444,444);  for   the
 2020--2021  school  year such contact hours shall not exceed one million
 four hundred six thousand nine hundred twenty-six (1,406,926);  for  the
 2021--2022  school  year such contact hours shall not exceed one million
 four hundred sixteen thousand one hundred twenty-two (1,416,122);  [and]
 for  the  2022--2023 school year such contact hours shall not exceed one
 million 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 ONE HUNDRED SIXTY-EIGHT  THOUSAND  SIX  HUNDRED  NINETY-NINE
 (1,168,699). 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.
   §  21. Section 4 of chapter 756 of the laws of 1992, relating to fund-
 ing a program for work force education conducted by the  consortium  for
 worker  education  in New York city, is amended by adding a new subdivi-
 sion bb to read as follows:
   BB. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION OF PAYMENTS FOR THE 2023--24 SCHOOL YEAR. NOTWITHSTANDING ANY
 INCONSISTENT  PROVISIONS  OF  LAW,  THE  COMMISSIONER OF EDUCATION SHALL
 WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 S. 4006                            19                            A. 3006
 
 TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
 AND SHALL NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS
 ($11,500,000).
   §  22. Section 6 of chapter 756 of the laws of 1992, relating to fund-
 ing a program for work force education conducted by the  consortium  for
 worker education in New York city, as amended by section 22 of part A of
 chapter 56 of the laws of 2022, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed [on] June 30, [2023] 2024.
   § 23. Subdivision 2 of section 44 of part CCC of  chapter  59  of  the
 laws  of 2018 amending the education law, relating to a statement of the
 total funding allocation, is amended to read as follows:
   2. Sections four and four-a of this act shall  expire  and  be  deemed
 repealed June 30, [2023] 2028; and
   §  24.  Section  12  of  chapter  147 of the laws of 2001 amending the
 education law relating to conditional appointment  of  school  district,
 charter school or BOCES employees, as amended by section 24 of part A of
 chapter 56 of the laws of 2022, is amended to read as follows:
   §  12.  This  act shall take effect on the same date as chapter 180 of
 the laws of 2000 takes effect[, and shall expire July 1, 2023 when  upon
 such date the provisions of this act shall be deemed repealed].
   §  25. Section 12 of part C of chapter 56 of the laws of 2020  direct-
 ing the commissioner of education to appoint   a   monitor    for    the
 Rochester city  school district,  establishing  the  powers  and  duties
 of  such  monitor and certain other officers and relating to the  appor-
 tionment  of aid   to such   school   district, is amended  to  read  as
 follows:
   §  12. This act shall take effect immediately, provided, however, that
 sections two, three, four, five, six, seven, eight, nine and ten of this
 act shall expire and be  deemed  repealed  June  30,  [2023]  2025;  and
 provided further, however that sections one and eleven of this act shall
 expire and be deemed repealed June 30, 2049.
   § 26. Subdivision 11 of section 94 of part C of chapter 57 of the laws
 of  2004  relating to the support of education, as amended by section 37
 of part A of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   11.  section  seventy-one  of  this  act  shall  expire  and be deemed
 repealed June 30, [2023] 2028;
   § 27. 1. The education department shall conduct a comprehensive  study
 of alternative tuition rate-setting methodologies for approved providers
 operating  school-age  programs  receiving  funding under article 81 and
 article 89  of  the  education  law  and  providers  operating  approved
 preschool special education programs under section 4410 of the education
 law.  The  department  shall ensure that such study consider stakeholder
 feedback and include, but not be limited to, a comparative  analysis  of
 rate-setting  methodologies  utilized  by other agencies of the state of
 New York, including the rate-setting methodology utilized by the  office
 of children and family services for private residential school programs;
 options  and recommendations for an alternative rate-setting methodology
 or methodologies; cost estimates for such alternative methodologies; and
 an analysis of current provider tuition rates compared to tuition  rates
 that would be established under such alternative methodologies.
   2.  At a minimum, any recommended alternative rate-setting methodology
 or methodologies proposed for such preschool  and  school-age  providers
 shall: (a)  in total, be cost neutral to the state, school districts and
 counties;  (b) substantially restrict or eliminate tuition rate appeals;
 S. 4006                            20                            A. 3006
 
 (c) establish tuition rates that are calculated  based  on  standardized
 parameters  and criteria, including, but not limited to, defined program
 and staffing models, regional costs,  and  minimum  required  enrollment
 levels  as  a  percentage of program operating capacities; (d) include a
 schedule to phase in new tuition rates in  accordance  with  the  recom-
 mended  methodology  or  methodologies; and (e) ensure tuition rates for
 all programs can be calculated no  later  than  the  beginning  of  each
 school year.
   3.  The  education  department  shall  present its recommendations and
 analysis to the division of the budget  no  later  than  July  1,  2025,
 provided,  however, that the department shall regularly consult with the
 division of the budget throughout completion of its study.  Adoption  of
 any  alternative  rate-setting  methodologies  shall  be  subject to the
 approval of the director of the division of the budget.
   § 28. Section 3 of chapter 507  of  the  laws  of  1974,  relating  to
 providing  for  the  apportionment  of state monies to certain nonpublic
 schools, to reimburse them for their expenses in complying with  certain
 state  requirements  for  the administration of state testing and evalu-
 ation programs and for participation in state programs for the reporting
 of basic educational data, as amended by section 38 of part A of chapter
 56 of the laws of 2021, is amended to read as follows:
   § 3. Apportionment. a. The commissioner shall  annually  apportion  to
 each  qualifying  school,  for  school years beginning on and after July
 first, nineteen hundred seventy-four, an amount equal to the actual cost
 incurred by each such  school  during  the  preceding  school  year  for
 providing  services  required  by  law  to  be  rendered to the state in
 compliance  with  the  requirements  of  the  state's  pupil  evaluation
 program,  the  basic  educational data system, regents examinations, the
 statewide evaluation plan, the uniform procedure  for  pupil  attendance
 reporting,  the  state's  immunization  program  and other similar state
 prepared examinations and reporting  procedures.    Provided  that  each
 nonpublic  school that seeks aid payable in the two thousand twenty--two
 thousand twenty-one school year to reimburse two thousand  nineteen--two
 thousand  twenty  school year expenses shall submit a claim for such aid
 to the state education department no later than May fifteenth, two thou-
 sand twenty-one and such claims shall be paid  by  the  state  education
 department  no  later  than  June  thirtieth,  two  thousand twenty-one.
 Provided further that each nonpublic school that seeks  aid  payable  in
 the  two  thousand  twenty-one--two  thousand twenty-two school year and
 thereafter shall submit a claim for such  aid  to  the  state  education
 department  no later than April first of the school year in which aid is
 payable and such claims shall be paid by the state education  department
 no  later  than  May thirty-first of such school year.  PROVIDED FURTHER
 THAT, FOR AID PAYABLE IN THE  TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND
 TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, THE STATE'S LIABILITY UNDER THIS
 SECTION  SHALL  BE  LIMITED  TO  THE ANNUAL AMOUNT APPROPRIATED FOR SUCH
 PURPOSE. IN THE EVENT THAT TOTAL CLAIMS SUBMITTED EXCEED  THE  APPROPRI-
 ATION  AVAILABLE FOR SUCH AID, EACH CLAIMANT SHALL ONLY BE REIMBURSED AN
 AMOUNT EQUAL TO THE PERCENTAGE THAT EACH SUCH CLAIMANT REPRESENTS TO THE
 TOTAL OF ALL CLAIMS SUBMITTED.
   b. Such nonpublic schools shall be eligible to receive  aid  based  on
 the  number  of days or portion of days attendance is taken and either a
 5.0/5.5 hour standard instructional day, or another work day  as  certi-
 fied by the nonpublic school officials, in accordance with the methodol-
 ogy  for  computing  salary  and  benefits  applied by the department in
 S. 4006                            21                            A. 3006
 
 paying aid for the two thousand twelve--two thousand thirteen and  prior
 school years.
   c. The commissioner shall annually apportion to each qualifying school
 in  the  cities  of  New  York,  Buffalo and Rochester, for school years
 beginning on or after July first two thousand sixteen, an  amount  equal
 to  the  actual  cost  incurred by each such school during the preceding
 school year in meeting the recording and reporting requirements  of  the
 state  school  immunization program, provided that the state's liability
 shall be limited to the amount appropriated for this purpose.
   § 29. 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  2024  and  not later than the last day of the third full
 business week of June 2024, 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, 2024, for salary expenses incurred between April  1  and
 June 30, 2023 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 1 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 1 and 2 of this section shall first be  deducted  from  the
 following  payments  due  the  school  district  during  the school year
 S. 4006                            22                            A. 3006
 
 following the year in which application was made  pursuant  to  subpara-
 graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
 3609-a of the education law in the following order: the  lottery  appor-
 tionment  payable  pursuant to subparagraph 2 of such paragraph followed
 by the fixed fall payments payable pursuant to subparagraph  4  of  such
 paragraph  and then followed by the district's payments to the teachers'
 retirement system pursuant to subparagraph 1 of such paragraph, and  any
 remainder  to  be  deducted  from  the  individualized  payments due the
 district pursuant to paragraph b of such subdivision shall  be  deducted
 on  a  chronological  basis  starting  with the earliest payment due the
 district.
   § 30. Special apportionment for public pension accruals. 1.   Notwith-
 standing any other provision of law, upon application to the commission-
 er  of education, not later than June 30, 2024, 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, 2024 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  1  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  1  and  2 of this section shall first be deducted from the
 following payments due  the  school  district  during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs 1, 2, 3, 4 and 5 of paragraph  a  of  subdivision  1  of  section
 3609-a  of  the education law in the following order: the lottery appor-
 tionment payable pursuant to subparagraph 2 of such  paragraph  followed
 by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
 paragraph and then followed by the district's payments to the  teachers'
 retirement  system pursuant to subparagraph 1 of such paragraph, and any
 remainder to be  deducted  from  the  individualized  payments  due  the
 S. 4006                            23                            A. 3006

 district  pursuant  to paragraph b of such subdivision shall be deducted
 on a chronological basis starting with  the  earliest  payment  due  the
 district.
   §  31. 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 2023--2024  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 subdivision, notwithstanding any inconsistency with a  request
 for  proposals issued by such commissioner for the purpose of attendance
 improvement and dropout prevention for the 2023--2024 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
 S. 4006                            24                            A. 3006
 
 2023--2024 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 2023--2024 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.
   §  32.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2023  enacting
 the  aid  to  localities  budget  shall be apportioned for the 2023-2024
 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  2023-2024
 by  a  chapter of the laws of 2023 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
 ensure that the total amount of aid payable does not  exceed  the  total
 appropriations for such purpose.
   §  33. Subparagraph 2 of paragraph a of section 1 of chapter 94 of the
 laws of 2002 relating to the financial stability of the  Rochester  city
 school district, is amended to read as follows:
 S. 4006                            25                            A. 3006
 
   (2)  Notwithstanding  any  other provisions of law, for aid payable in
 the 2002-03 through [2022-23] 2027-28 school years, an amount  equal  to
 twenty  million  dollars  ($20,000,000)  of  general  support for public
 schools otherwise due and payable to the Rochester city school  district
 on  or before September first of the applicable school year shall be for
 an entitlement period ending the immediately preceding June thirtieth.
   § 34. Severability. The provisions of this act shall be severable, and
 if the application of  any  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act  to any person or circumstance shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision, section, part
 of  this  act  or  remainder  thereof,  as the case may be, to any other
 person or circumstance, but shall be confined in its  operation  to  the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   §  35.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2023, provided,
 however, that:
   1. Sections one, two, three, five, eight, nine, ten, eleven, fourteen,
 fifteen, sixteen, eighteen, twenty-two, thirty-one, and thirty-three  of
 this act shall take effect July 1, 2023;
   2.  Section three of this act shall expire and be deemed repealed June
 30, 2024;
   3. Section nineteen of this act shall expire and  be  deemed  repealed
 June 30, 2036; and
   4. The amendments to chapter 756 of the laws of 1992 relating to fund-
 ing  a  program  for  work force education conducted by a consortium for
 worker education in New York city made by sections twenty and twenty-one
 of this act shall not affect the repeal of such  chapter  and  shall  be
 deemed repealed therewith.
 
                                  PART B
 
   Section  1.  The opening paragraph of subparagraph 4 of paragraph h of
 subdivision 2 of section 355 of the education law, as amended by section
 1 of part JJJ of chapter 59 of the laws of 2017, is amended to  read  as
 follows:
   The trustees shall not impose a differential tuition charge based upon
 need or income. Except as hereinafter provided, all students enrolled in
 programs  leading  to like degrees at state-operated institutions of the
 state university shall be charged a uniform rate of tuition  except  for
 differential tuition rates based on state residency.  Provided, however,
 that  the trustees may authorize the presidents of the colleges of tech-
 nology and the colleges of agriculture and technology to  set  differing
 rates  of  tuition  for  each  of  the colleges for students enrolled in
 degree-granting programs leading to an associate degree  and  non-degree
 granting  programs  so  long  as  such  tuition rate does not exceed the
 tuition rate charged  to  students  who  are  enrolled  in  like  degree
 programs  or  degree-granting undergraduate programs leading to a bacca-
 laureate degree  at  other  state-operated  institutions  of  the  state
 university  of New York.  PROVIDED FURTHER, THAT THE TRUSTEES MAY ESTAB-
 LISH A DIFFERENTIAL TUITION CHARGE FOR STUDENTS ATTENDING THE UNIVERSITY
 CENTERS AT ALBANY, BINGHAMTON, BUFFALO,  AND  STONY  BROOK  PURSUANT  TO
 SUBDIVISION  FOUR-C OF THIS SECTION. Notwithstanding any other provision
 S. 4006                            26                            A. 3006
 
 of this subparagraph, the trustees may authorize the setting of a  sepa-
 rate  category  of  tuition rate, that shall be greater than the tuition
 rate for resident students and less than the tuition rate for  non-resi-
 dent  students,  only for students enrolled in distance learning courses
 who are not residents of the state. Except as  otherwise  authorized  in
 this  subparagraph,  the  trustees  shall  not  adopt  changes affecting
 tuition charges prior to the enactment of the  annual  budget,  provided
 however that:
   §  2. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of
 the education law, as amended by section 2 of chapter 437 of the laws of
 2015, is amended to read as follows:
   (4) The trustees shall not impose a differential tuition charge  based
 upon  need  or income. All students enrolled in programs leading to like
 degrees at state-operated institutions of the state university shall  be
 charged  a uniform rate of tuition except for differential tuition rates
 based on state residency.  Provided,  however,  that  the  trustees  may
 authorize  the presidents of the colleges of technology and the colleges
 of agriculture and technology to set differing rates of tuition for each
 of the colleges for students enrolled in degree-granting programs  lead-
 ing  to  an associate degree and non-degree granting programs so long as
 such tuition rate does not exceed the tuition rate charged  to  students
 who  are enrolled in like degree programs or degree-granting undergradu-
 ate programs leading to a baccalaureate degree at  other  state-operated
 institutions  of  the  state  university of New York.  PROVIDED FURTHER,
 THAT THE TRUSTEES  MAY  ESTABLISH  A  DIFFERENTIAL  TUITION  CHARGE  FOR
 STUDENTS   ATTENDING  THE  UNIVERSITY  CENTERS  AT  ALBANY,  BINGHAMTON,
 BUFFALO, AND STONY BROOK PURSUANT TO SUBDIVISION FOUR-C OF THIS SECTION.
 Notwithstanding any other provision of this subparagraph,  the  trustees
 may  authorize  the setting of a separate category of tuition rate, that
 shall be greater than the tuition rate for resident  students  and  less
 than  the  tuition  rate  for  non-resident  students, only for students
 enrolled in distance learning courses  who  are  not  residents  of  the
 state.  The  trustees  shall not adopt changes affecting tuition charges
 prior to the enactment of the annual budget.
   § 3. Paragraph h of subdivision 2 of section 355 of the education  law
 is  amended  by  adding  two  new subparagraphs 4-a-1 and 4-c to read as
 follows:
   (4-A-1) COMMENCING IN  THE  TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND
 TWENTY-FOUR  ACADEMIC  YEAR  THROUGH  THE TWO THOUSAND TWENTY-SEVEN--TWO
 THOUSAND TWENTY-EIGHT ACADEMIC YEAR, FOLLOWING THE REVIEW  AND  APPROVAL
 OF  THE  CHANCELLOR  OF  THE STATE UNIVERSITY OR HIS OR HER DESIGNEE THE
 BOARD OF TRUSTEES MAY ANNUALLY RAISE NON-RESIDENT UNDERGRADUATE RATES OF
 TUITION FOR THE FOUR UNIVERSITY CENTERS AT ALBANY, BINGHAMTON,  BUFFALO,
 AND  STONY BROOK IF THE BOARD SHALL DETERMINE THAT SUCH RATE INCREASE IS
 COMPETITIVE WITH THE RATES OF  TUITION  CHARGED  BY  PEER  INSTITUTIONS,
 PROVIDED  HOWEVER  THAT IN NO YEAR SHALL SUCH RATE OF TUITION EXCEED ONE
 HUNDRED AND TEN PERCENT OF THE TUITION RATE FOR THE  UNIVERSITY  CENTERS
 IN THE PRIOR ACADEMIC YEAR.
   (4-C)  COMMENCING  WITH  THE  TWO  THOUSAND TWENTY-THREE--TWO THOUSAND
 TWENTY-FOUR ACADEMIC YEAR AND THEREAFTER,  THE  BOARD  OF  TRUSTEES  MAY
 RAISE  RESIDENT  UNDERGRADUATE RATES OF TUITION IN EXCESS OF THE TUITION
 RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS  THE  LOWER  OF  (I)  THE
 GENERAL  HIGHER  EDUCATION  PRICE  INDEX (HEPI) RELEASED ANNUALLY BY THE
 COMMONFUND ASSET MANAGEMENT COMPANY, INC.  FOUNDED  IN  1971,  OR  OTHER
 ALTERNATIVE  ENTITY  THAT  MAY  BE  RESPONSIBLE  FOR THIS INDEX INTO THE
 FUTURE, RELEASED MOST RECENTLY PRIOR TO THE START OF EACH ACADEMIC YEAR,
 S. 4006                            27                            A. 3006
 
 OR (II) THREE PERCENT.   NOTWITHSTANDING THE  PRECEDING,  AND  UPON  THE
 APPROVAL  OF  THE  STATE  UNIVERSITY  OF NEW YORK BOARD OF TRUSTEES, THE
 FOLLOWING INSTITUTIONS MAY HAVE ADDITIONAL  INCREASES  TO  THE  RESIDENT
 RATES  OF  UNDERGRADUATE TUITION THAT ARE IN ADDITION TO ANY IMPACT FROM
 THE PRECEDING; FOR THE  UNIVERSITY  CENTER  AT  ALBANY,  THE  UNIVERSITY
 CENTER  AT BINGHAMTON, THE UNIVERSITY CENTER AT BUFFALO, AND THE UNIVER-
 SITY CENTER AT STONY BROOK SUCH ANNUAL INCREASE MAY  INCLUDE  UP  TO  AN
 ADDITIONAL  SIX  PERCENTAGE  POINTS.   NOTWITHSTANDING THE PRECEDING, NO
 SUCH ADDITIONAL ANNUAL INCREASE SHALL RESULT IN  A  RATE  IN  EXCESS  OF
 THIRTY PERCENT HIGHER THAN THE RATE CHARGED IN SUCH YEAR FOR STATE-OPER-
 ATED  INSTITUTIONS  OTHER  THAN  THE  UNIVERSITY  CENTER  AT ALBANY, THE
 UNIVERSITY CENTER AT BINGHAMTON, THE UNIVERSITY CENTER AT  BUFFALO,  AND
 THE UNIVERSITY CENTER AT STONY BROOK. MONIES GENERATED BY THESE PROSPEC-
 TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT
 SERVICES,  RESEARCH  AND  DISCOVERY,  AND  THE SUCCESS OF THE UNIVERSITY
 SYSTEM.
   § 4. Paragraph (a) of subdivision 7 of section 6206 of  the  education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWEN-
 TY-FOUR  ACADEMIC  YEAR  AND THEREAFTER, THE CITY UNIVERSITY OF NEW YORK
 BOARD OF TRUSTEES MAY RAISE RESIDENT UNDERGRADUATE RATES OF  TUITION  IN
 EXCESS OF THE TUITION RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE
 LOWER  OF  (A)  THE GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED
 ANNUALLY BY THE COMMONFUND ASSET MANAGEMENT  COMPANY,  INC.  FOUNDED  IN
 1971, OR OTHER ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX
 INTO  THE  FUTURE,  RELEASED  MOST  RECENTLY  PRIOR TO THE START OF EACH
 ACADEMIC YEAR, OR (B) THREE PERCENT. MONIES GENERATED BY THESE  PROSPEC-
 TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT
 SERVICES,  RESEARCH  AND  DISCOVERY,  AND  THE SUCCESS OF THE UNIVERSITY
 SYSTEM.
   § 5. Paragraph (a) of subdivision 7 of section 6206 of  the  education
 law,  as  amended by chapter 669 of the laws of 2022, is amended to read
 as follows:
   (a) (I) The board of trustees shall establish positions,  departments,
 divisions  and  faculties; appoint and in accordance with the provisions
 of law fix salaries of  instructional  and  non-instructional  employees
 therein;  establish  and conduct courses and curricula; prescribe condi-
 tions of student admission, attendance and discharge; and shall have the
 power to determine in its discretion whether tuition  shall  be  charged
 and  to  regulate  tuition  charges, and other instructional and non-in-
 structional fees and other fees and charges at the educational units  of
 the  city  university.  The trustees shall review any proposed community
 college tuition increase and the justification for  such  increase.  The
 justification  provided by the community college for such increase shall
 include a detailed analysis of ongoing operating  costs,  capital,  debt
 service  expenditures, and all revenues. The trustees shall not impose a
 differential tuition charge based upon  need  or  income.  All  students
 enrolled  in  programs  leading  to  like degrees at the senior colleges
 shall be charged a uniform rate  of  tuition,  except  for  differential
 tuition  rates  based  on  state  residency.  Notwithstanding  any other
 provision of this paragraph, the trustees may authorize the setting of a
 separate category of tuition  rate,  that  shall  be  greater  than  the
 tuition  rate  for  resident students and less than the tuition rate for
 non-resident students, only for students enrolled in  distance  learning
 courses  who  are not residents of the state. The trustees shall further
 provide that the payment of tuition and fees by any student who is not a
 S. 4006                            28                            A. 3006
 
 resident of New York state, other than a non-immigrant noncitizen within
 the meaning of paragraph (15) of subsection (a) of section 1101 of title
 8 of the United States Code, shall be paid at a rate or charge no great-
 er than that imposed for students who are residents of the state if such
 student:
   [(i)]  (1)  attended  an approved New York high school for two or more
 years, graduated from an approved New York high school and  applied  for
 attendance  at an institution or educational unit of the city university
 within five years of receiving a New York state high school diploma; or
   [(ii)] (2) attended an approved New York  state  program  for  general
 equivalency  diploma  exam  preparation,  received a general equivalency
 diploma issued within New York state and applied for  attendance  at  an
 institution or educational unit of the city university within five years
 of receiving a general equivalency diploma issued within New York state;
 or
   [(iii)]  (3) was enrolled in an institution or educational unit of the
 city university in the fall semester or  quarter  of  the  two  thousand
 one--two  thousand two academic year and was authorized by such institu-
 tion or educational unit to pay tuition at the rate  or  charge  imposed
 for students who are residents of the state.
   A  student without lawful immigration status shall also be required to
 file an affidavit with such institution or educational unit stating that
 the student has filed an application to legalize his or her  immigration
 status,  or will file such an application as soon as he or she is eligi-
 ble to do so. The trustees shall not adopt changes  in  tuition  charges
 prior  to  the enactment of the annual budget. The board of trustees may
 accept as partial reimbursement for the education  of  veterans  of  the
 armed  forces of the United States who are otherwise qualified such sums
 as may be authorized by federal legislation to be paid for  such  educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and  courses  for  adult  education  appropriate  to the field of higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion,  require students to pay library, laboratory, locker, break-
 age and other instructional and non-instructional fees and meet the cost
 of books and consumable supplies. In addition to the foregoing fees  and
 charges,  the  board of trustees may impose and collect fees and charges
 for student government and other  student  activities  and  receive  and
 expend them as agent or trustee.
   (II) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWEN-
 TY-FOUR  ACADEMIC  YEAR  AND THEREAFTER, THE CITY UNIVERSITY OF NEW YORK
 BOARD OF TRUSTEES MAY RAISE RESIDENT UNDERGRADUATE RATES OF  TUITION  IN
 EXCESS OF THE TUITION RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE
 LOWER  OF  (1)  THE GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED
 ANNUALLY BY THE COMMONFUND ASSET MANAGEMENT  COMPANY,  INC.  FOUNDED  IN
 1971, OR OTHER ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX
 INTO  THE  FUTURE,  RELEASED  MOST  RECENTLY  PRIOR TO THE START OF EACH
 ACADEMIC YEAR, OR (2) THREE PERCENT. MONIES GENERATED BY THESE  PROSPEC-
 TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT
 SERVICES,  RESEARCH  AND  DISCOVERY,  AND  THE SUCCESS OF THE UNIVERSITY
 SYSTEM.
   § 6. This act shall take effect immediately; provided however:
   a. the amendments to subparagraph 4 of paragraph h of subdivision 2 of
 section 355 of the education law made by section one of this  act  shall
 be subject to the expiration and reversion of such subparagraph pursuant
 to  section  16 of chapter 260 of the laws of 2011 as amended, when upon
 S. 4006                            29                            A. 3006
 
 such date the provisions of section two of this act shall  take  effect;
 and
   b. the amendments to paragraph (a) of subdivision 7 of section 6206 of
 the  education  law made by section four of this act shall be subject to
 the expiration and reversion of such paragraph pursuant to section 16 of
 chapter 260 of the laws of 2011 as amended,  when  upon  such  date  the
 provisions of section five of this act shall take effect.
 
                                  PART C
 
   Section 1. The education law is amended by adding a new section 6438-b
 to read as follows:
   §  6438-B.  ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS. 1. EVERY
 CAMPUS OF THE STATE UNIVERSITY OF NEW YORK AND EVERY CAMPUS OF THE  CITY
 UNIVERSITY  OF  NEW  YORK,  WHICH  SHALL  INCLUDE  THE COMMUNITY COLLEGE
 CAMPUSES OF  SUCH  INSTITUTIONS,  SHALL  PROVIDE  ACCESS  TO  MEDICATION
 ABORTION  PRESCRIPTION  DRUGS  FOR  ALL STUDENTS ENROLLED AT SUCH INSTI-
 TUTIONS.
   2. FOR PURPOSES  OF  THIS  SECTION,  "ACCESS  TO  MEDICATION  ABORTION
 PRESCRIPTION DRUGS" MEANS EITHER:
   (A) THE PRESCRIBING AND DISPENSING OF MEDICATION ABORTION PRESCRIPTION
 DRUGS  DIRECTLY TO A STUDENT, PERFORMED BY INDIVIDUALS LEGALLY CERTIFIED
 TO PRESCRIBE AND DISPENSE SUCH MEDICATION  EMPLOYED  BY  OR  WORKING  ON
 BEHALF OF THE CAMPUS; OR
   (B)  REFERRAL  TO  A  HEALTHCARE PROVIDER OR PHARMACY IN THE COMMUNITY
 CERTIFIED TO DISPENSE SUCH MEDICATION.
   3. THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND  THE  TRUSTEES
 OF  THE CITY UNIVERSITY OF NEW YORK SHALL ADOPT UNIFORM POLICES FOR EACH
 UNIVERSITY ENSURING EFFECTIVE ACCESS TO MEDICATION ABORTION PRESCRIPTION
 DRUGS PURSUANT TO THIS SECTION.
   § 2. This act shall take effect August 1, 2023. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.
 
                                  PART D
 
   Section 1. Paragraphs b and c of subdivision 4 of section 612  of  the
 education  law, as added by chapter 425 of the laws of 1988, are amended
 to read as follows:
   [b. A grant to a recipient of an award under this  section  shall  not
 exceed  the amount of three hundred thousand dollars for any grant year,
 provided that a recipient may receive a grant in excess of  such  amount
 at  the rate of twelve hundred fifty dollars for each student, in excess
 of two hundred forty students, who is provided compensatory and  support
 services by the recipient during such grant year.
   c.]  B.  The  grant  recipients  shall  provide students at public and
 nonpublic schools the opportunity to receive  compensatory  and  support
 services  in  an equitable manner consistent with the number and need of
 the children in such schools.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Section 1503 of the business corporation law is amended  by
 adding a new paragraph (h) to read as follows:
 S. 4006                            30                            A. 3006
 
   (H)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
 A PROFESSIONAL SERVICE CORPORATION FORMED  TO  LAWFULLY  ENGAGE  IN  THE
 PRACTICE  OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS DEFINED UNDER ARTI-
 CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (I) THAT A SIMPLE
 MAJORITY  OF  THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS
 AND VOTING RIGHTS HELD BY THE  FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS
 LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (II) THAT ALL
 SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE
 OF  BUSINESS  IS  IN  THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF
 PUBLIC ACCOUNTANCY IN THIS STATE, HOLD  A  VALID  LICENSE  ISSUED  UNDER
 SECTION  7404  OF  THE  EDUCATION  LAW.  FOR PURPOSES OF THIS PARAGRAPH,
 "FINANCIAL INTEREST" MEANS  CAPITAL  STOCK,  CAPITAL  ACCOUNTS,  CAPITAL
 CONTRIBUTIONS,  CAPITAL  INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
 OF A BUSINESS ENTITY.  ALTHOUGH  FIRMS  REGISTERED  WITH  THE  EDUCATION
 DEPARTMENT  MAY  INCLUDE  NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS
 OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS.
 NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED  UNDER  THIS  SECTION
 MAY  NOT  HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS
 "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
 ABBREVIATIONS "CPA" OR "CPAS".  EACH NON-LICENSEE OWNER OF A  FIRM  THAT
 IS INCORPORATED UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVE-
 LY  PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES.
 FOR PURPOSES  OF  THIS  SUBDIVISION,  "ACTIVELY  PARTICIPATE"  MEANS  TO
 PROVIDE  SERVICES  TO  CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
 THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTI-
 TY. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF  INCORPORATION
 A  CERTIFICATE  OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH
 THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES  REQUIRED  BY
 SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION.
   § 2. Section 1507 of the business corporation law is amended by adding
 a new paragraph (c) to read as follows:
   (C)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
 A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
 1503  OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED
 BY LAW TO PRACTICE IN THIS STATE THE PROFESSION WHICH  SUCH  CORPORATION
 IS  AUTHORIZED  TO  PRACTICE  OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH
 PROFESSION IN SUCH CORPORATION WITHIN  THIRTY  DAYS  OF  THE  DATE  SUCH
 SHARES  ARE  ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPO-
 RATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
   (I) AT LEAST A SIMPLE MAJORITY OF THE OUTSTANDING SHARES OF  STOCK  OF
 THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
   (II)  AT LEAST A SIMPLE MAJORITY OF THE DIRECTORS ARE CERTIFIED PUBLIC
 ACCOUNTANTS, AND
   (III) AT LEAST A SIMPLE MAJORITY OF THE OFFICERS ARE CERTIFIED  PUBLIC
 ACCOUNTANTS, AND
   (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
 CHIEF EXECUTIVE OFFICER OR OFFICERS ARE  CERTIFIED  PUBLIC  ACCOUNTANTS.
 NO  SHAREHOLDER OF A PROFESSIONAL SERVICE CORPORATION ESTABLISHED PURSU-
 ANT TO PARAGRAPH (H) OF SECTION 1503 OF THIS ARTICLE SHALL ENTER INTO  A
 VOTING  TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
 ANOTHER PERSON, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL  OF
 HIS  OR  HER SHARES. ALL AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION
 OF THIS SECTION SHALL BE VOID.
   § 3. Section 1508 of the business corporation law is amended by adding
 a new paragraph (c) to read as follows:
 S. 4006                            31                            A. 3006
 
   (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR  THE  BUSI-
 NESS  PURPOSE  OF  INCORPORATING  AS  A PROFESSIONAL SERVICE CORPORATION
 PURSUANT TO PARAGRAPH (H) OF SECTION 1503 OF THIS  ARTICLE  MAY  INCLUDE
 INDIVIDUALS  WHO  ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN ANY
 STATE,  PROVIDED  HOWEVER  THAT AT LEAST A SIMPLE MAJORITY OF THE DIREC-
 TORS, AT LEAST A SIMPLE MAJORITY OF THE OFFICERS AND THE PRESIDENT,  THE
 CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR
 OFFICERS  ARE  AUTHORIZED BY LAW TO PRACTICE IN ANY STATE THE PROFESSION
 WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER  SHARE-
 HOLDERS  OF  SUCH  CORPORATION  OR  ENGAGED  IN  THE  PRACTICE  OF THEIR
 PROFESSIONS IN SUCH CORPORATION.
   § 4. Section 1509 of the business corporation law, as amended by chap-
 ter 550 of the laws of 2011, is amended to read as follows:
 § 1509. Disqualification  of  shareholders,  directors,   officers   and
           employees.
   If  any  shareholder,  director, officer or employee of a professional
 service corporation, including  a  design  professional  service  corpo-
 ration,  who  has  been  rendering  professional  service  to the public
 becomes legally disqualified to practice his OR  HER  profession  within
 this  state,  he  OR  SHE shall sever all employment with, and financial
 interests (other than interests as  a  creditor)  in,  such  corporation
 forthwith  or as otherwise provided in section 1510 of this article. All
 provisions of law regulating the rendering of professional services by a
 person elected or appointed to a public office shall be applicable to  a
 shareholder,  director,  officer and employee of such corporation in the
 same manner and to the same extent as if fully set  forth  herein.  Such
 legal  disqualification  to  practice  his OR HER profession within this
 state shall be deemed to constitute an irrevocable offer by the disqual-
 ified shareholder to sell his OR HER shares to the corporation, pursuant
 to the provisions of section 1510 of this article or of the  certificate
 of  incorporation,  by-laws  or  agreement among the corporation and all
 shareholders, whichever is applicable. Compliance with the terms of such
 offer shall be specifically enforceable in the courts of this  state.  A
 professional  service  corporation's  failure to enforce compliance with
 this provision shall constitute a ground for forfeiture of  its  certif-
 icate of incorporation and its dissolution.
   § 5. Paragraph (a) of section 1511 of the business corporation law, as
 amended  by  chapter 550 of the laws of 2011, is amended and a new para-
 graph (c) is added to read as follows:
   (a) No shareholder of a professional service corporation [or], INCLUD-
 ING a design professional service corporation, may sell or transfer  his
 OR  HER  shares  in such corporation except to another individual who is
 eligible to have shares issued to him OR  HER  by  such  corporation  or
 except  in  trust to another individual who would be eligible to receive
 shares if he OR SHE were employed by  the  corporation.  Nothing  herein
 contained shall be construed to prohibit the transfer of shares by oper-
 ation  of  law or by court decree.  No transferee of shares by operation
 of law or court decree may vote the shares for  any  purpose  whatsoever
 except  with  respect to corporate action under sections 909 and 1001 of
 this chapter. The restriction in the preceding sentence shall not apply,
 however, where such transferee would be eligible to have  shares  issued
 to  him  OR HER if he OR SHE were an employee of the corporation and, if
 there are other shareholders, a  majority  of  such  other  shareholders
 shall fail to redeem the shares so transferred, pursuant to section 1510
 of  this  article, within sixty days of receiving written notice of such
 transfer. Any sale or transfer, except by  operation  of  law  or  court
 S. 4006                            32                            A. 3006
 
 decree  or  except for a corporation having only one shareholder, may be
 made only after the same shall have been approved by the board of direc-
 tors, or at a shareholders' meeting specially called for such purpose by
 such  proportion, not less than a majority, of the outstanding shares as
 may be provided in the certificate of incorporation or in the by-laws of
 such professional service corporation. At such shareholders' meeting the
 shares held by the shareholder proposing to sell or transfer his OR  HER
 shares  may  not  be voted or counted for any purpose, unless all share-
 holders consent that such shares be voted or counted. The certificate of
 incorporation or the by-laws of the professional service corporation, or
 the professional service corporation and  the  shareholders  by  private
 agreement,  may  provide,  in  lieu  of  or in addition to the foregoing
 provisions, for the alienation of shares and may require the  redemption
 or purchase of such shares by such corporation at prices and in a manner
 specifically set forth therein. The existence of the restrictions on the
 sale  or transfer of shares, as contained in this article and, if appli-
 cable, in the certificate of incorporation, by-laws, stock  purchase  or
 stock  redemption agreement, shall be noted conspicuously on the face or
 back of every certificate for shares issued by  a  professional  service
 corporation.  Any  sale  or  transfer  in violation of such restrictions
 shall be void.
   (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS  A
 PROFESSIONAL  SERVICE  CORPORATION  PURSUANT TO PARAGRAPH (H) OF SECTION
 1503 OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF  A  NON-LI-
 CENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF
 EMPLOYMENT  WITHIN  THIRTY  DAYS AFTER SUCH TERMINATION.   A FIRM ESTAB-
 LISHED FOR THE BUSINESS  PURPOSE  OF  INCORPORATING  AS  A  PROFESSIONAL
 SERVICE  CORPORATION  PURSUANT  TO PARAGRAPH (H) OF SECTION 1503 OF THIS
 ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM  THE  SHARES  OF  A
 TERMINATED NON-LICENSED PROFESSIONAL SHARE-HOLDER IF SUCH SHARES, WITHIN
 THIRTY  DAYS  AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER
 EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE.
   § 6. Section 1514 of the business corporation law is amended by adding
 a new paragraph (c) to read as follows:
   (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
 A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
 1503 OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE
 THE  DATE  PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO
 THE LICENSING AUTHORITY LISTING THE NAMES  AND  RESIDENCE  ADDRESSES  OF
 EACH  SHAREHOLDER,  DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY
 AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR
 PERIOD THAT:
   (I) AT LEAST A SIMPLE MAJORITY OF THE OUTSTANDING SHARES OF  STOCK  OF
 THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
   (II)  AT  LEAST A SIMPLE MAJORITY OF THE DIRECTORS ARE AND WERE CERTI-
 FIED PUBLIC ACCOUNTANTS,
   (III) AT LEAST A SIMPLE MAJORITY OF THE OFFICERS ARE AND  WERE  CERTI-
 FIED PUBLIC ACCOUNTANTS, AND
   (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
 CHIEF EXECUTIVE OFFICER  OR  OFFICERS  ARE  AND  WERE  CERTIFIED  PUBLIC
 ACCOUNTANTS.
 THE  STATEMENT  SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
 ACCOUNTANT VICE-PRESIDENT AND  ATTESTED  TO  BY  THE  SECRETARY  OR  ANY
 ASSISTANT SECRETARY OF THE CORPORATION.
   § 7. Paragraph (d) of section 1525 of the business corporation law, as
 added by chapter 505 of the laws of 1983, is amended to read as follows:
 S. 4006                            33                            A. 3006
 
   (d)  "Foreign  professional  service corporation" means a professional
 service corporation, whether or not denominated as such, organized under
 the laws of a jurisdiction other than this state, all of the  sharehold-
 ers,  directors  and  officers  of  which are authorized and licensed to
 practice  the  profession  for  which such corporation is licensed to do
 business; except that all shareholders,  directors  and  officers  of  a
 foreign  professional service corporation which provides health services
 in this state shall be licensed in this state.  A  FOREIGN  PROFESSIONAL
 SERVICE  CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC
 ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149  OF
 THE  EDUCATION  LAW,  OR EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW
 (I) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE  FIRM,  IN  TERMS  OF
 FINANCIAL INTERESTS AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS
 TO  INDIVIDUALS  LICENSED  TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE,
 AND (II) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE  CORPO-
 RATION  WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE
 ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY  IN  THIS  STATE,  HOLD  A
 VALID  LICENSE  ISSUED  UNDER  SECTION  7404  OF  THE EDUCATION LAW. FOR
 PURPOSES OF THIS PARAGRAPH, "FINANCIAL INTEREST"  MEANS  CAPITAL  STOCK,
 CAPITAL  ACCOUNTS,  CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST
 IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY.  ALTHOUGH  FIRMS  REGIS-
 TERED  WITH  THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A
 REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE
 STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
 WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE  OWNERS  IF  THE
 FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
 FIED  PUBLIC  ACCOUNTANTS,"  OR  THE ABBREVIATIONS "CPA" OR "CPAS". EACH
 NON-LICENSEE OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION  SHALL
 BE  A  NATURAL  PERSON  WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
 FIRM OR ITS AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL  OWNER  OF  AN
 EQUITY  INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTIC-
 IPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES.
 FOR PURPOSES OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO  PROVIDE
 SERVICES  TO  CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
 TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY.
   § 8. Subdivision (q) of section 121-1500 of the  partnership  law,  as
 amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
 follows:
   (q) Each partner of a registered limited liability partnership  formed
 to  provide  medical services in this state must be licensed pursuant to
 article 131 of the education law to practice medicine in this state  and
 each  partner  of  a  registered limited liability partnership formed to
 provide dental services in this state must be licensed pursuant to arti-
 cle 133 of the education law to practice dentistry in this state.   Each
 partner  of a registered limited liability partnership formed to provide
 veterinary services in this state must be licensed pursuant  to  article
 135  of the education law to practice veterinary medicine in this state.
 EACH PARTNER OF A REGISTERED LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO
 PROVIDE  PUBLIC ACCOUNTANCY SERVICES AS A FIRM, WHOSE PRINCIPAL PLACE OF
 BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY  SERVICES,
 MUST  BE LICENSED PURSUANT TO ARTICLE  149 OF THE EDUCATION LAW TO PRAC-
 TICE PUBLIC ACCOUNTANCY IN THIS STATE.  Each  partner  of  a  registered
 limited  liability  partnership formed to provide professional engineer-
 ing, land surveying, geological services, architectural and/or landscape
 architectural services in this state must be licensed pursuant to  arti-
 cle 145, article 147 and/or article 148 of the education law to practice
 S. 4006                            34                            A. 3006
 
 one  or more of such professions in this state. Each partner of a regis-
 tered limited liability partnership formed to provide licensed  clinical
 social  work services in this state must be licensed pursuant to article
 154 of the education law to practice clinical social work in this state.
 Each  partner  of  a  registered limited liability partnership formed to
 provide creative arts therapy services in this state  must  be  licensed
 pursuant  to  article 163 of the education law to practice creative arts
 therapy in this state. Each partner of a  registered  limited  liability
 partnership  formed  to  provide marriage and family therapy services in
 this state must be licensed pursuant to article 163 of the education law
 to practice marriage and family therapy in this state. Each partner of a
 registered limited liability partnership formed to provide mental health
 counseling services in this state must be licensed pursuant  to  article
 163  of  the  education law to practice mental health counseling in this
 state. Each partner of a registered limited liability partnership formed
 to provide psychoanalysis services in this state must be licensed pursu-
 ant to article 163 of the education law to  practice  psychoanalysis  in
 this  state.  Each partner of a registered limited liability partnership
 formed to provide applied behavior analysis service in this  state  must
 be licensed or certified pursuant to article 167 of the education law to
 practice  applied  behavior analysis in this state. A REGISTERED LIMITED
 LIABILITY PARTNERSHIP FORMED TO  LAWFULLY  ENGAGE  IN  THE  PRACTICE  OF
 PUBLIC  ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE
 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (I)  THAT  A  SIMPLE
 MAJORITY  OF  THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS
 AND VOTING RIGHTS HELD BY THE  FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS
 LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (II) THAT ALL
 PARTNERS  OF  A  LIMITED  LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF
 BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
 ACCOUNTANCY IN THIS STATE, HOLD A VALID  LICENSE  ISSUED  UNDER  SECTION
 7404  OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
 INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL  CONTRIBUTIONS,
 CAPITAL  INTEREST,  OR  INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
 ENTITY. ALTHOUGH FIRMS REGISTERED  WITH  THE  EDUCATION  DEPARTMENT  MAY
 INCLUDE  NON-LICENSEE  OWNERS,  A  REGISTERED  FIRM  AND ITS OWNERS MUST
 COMPLY WITH RULES PROMULGATED BY THE STATE BOARD  OF  REGENTS.  NOTWITH-
 STANDING  THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT
 MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES  THE  WORDS
 "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
 ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS
 FORMED  UNDER  THIS  SECTION  SHALL BE (I) A NATURAL PERSON WHO ACTIVELY
 PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES,  OR
 (II)  AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES-
 SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
 IN SUCH ENTITY IS A NATURAL PERSON  WHO  ACTIVELY  PARTICIPATES  IN  THE
 BUSINESS  CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
 OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
 CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE  DAY-TO-DAY  BUSI-
 NESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY.
   §  9.  Subdivision  (q) of section 121-1502 of the partnership law, as
 amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
 follows:
   (q)  Each  partner  of  a  foreign limited liability partnership which
 provides medical services in this state must  be  licensed  pursuant  to
 article  131  of the education law to practice medicine in the state and
 each partner of a foreign limited liability partnership  which  provides
 S. 4006                            35                            A. 3006
 
 dental services in the state must be licensed pursuant to article 133 of
 the education law to practice dentistry in this state. Each partner of a
 foreign  limited liability partnership which provides veterinary service
 in  the state shall be licensed pursuant to article 135 of the education
 law to practice veterinary medicine in this state.  Each  partner  of  a
 foreign  limited liability partnership which provides professional engi-
 neering, land surveying, geological services, architectural and/or land-
 scape architectural services in this state must be licensed pursuant  to
 article  145,  article  147  and/or  article 148 of the education law to
 practice one or more of such professions.  EACH  PARTNER  OF  A  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE  PUBLIC ACCOUNTANCY
 SERVICES AS A FIRM, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN  THIS  STATE
 AND  WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT
 TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE  PUBLIC  ACCOUNTANCY  IN
 THIS  STATE.  Each  partner  of  a foreign limited liability partnership
 which provides licensed clinical social work services in this state must
 be licensed pursuant to article 154 of the  education  law  to  practice
 licensed  clinical  social work in this state. Each partner of a foreign
 limited liability  partnership  which  provides  creative  arts  therapy
 services  in  this state must be licensed pursuant to article 163 of the
 education law to practice creative arts  therapy  in  this  state.  Each
 partner  of  a  foreign  limited  liability  partnership  which provides
 marriage and family therapy services in  this  state  must  be  licensed
 pursuant  to  article  163 of the education law to practice marriage and
 family therapy in this state. Each partner of a foreign limited  liabil-
 ity partnership which provides mental health counseling services in this
 state  must  be licensed pursuant to article 163 of the education law to
 practice mental health counseling in  this  state.  Each  partner  of  a
 foreign  limited  liability  partnership  which  provides psychoanalysis
 services in this state must be licensed pursuant to article 163  of  the
 education  law to practice psychoanalysis in this state. Each partner of
 a foreign limited liability partnership which provides applied  behavior
 analysis  services  in this state must be licensed or certified pursuant
 to article 167 of the education law to practice applied behavior  analy-
 sis  in  this  state.  A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO
 LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH
 PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE  EDUCATION  LAW,  SHALL  BE
 REQUIRED  TO  SHOW  (I)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
 FIRM, IN TERMS OF FINANCIAL INTERESTS AND  VOTING  RIGHTS  HELD  BY  THE
 FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
 ACCOUNTANCY IN SOME STATE, AND (II) THAT ALL  PARTNERS  OF  THE  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP  WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
 THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
 THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCA-
 TION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL  INTEREST"  MEANS
 CAPITAL  STOCK,  CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTER-
 EST, OR  INTEREST  IN  UNDISTRIBUTED  EARNINGS  OF  A  BUSINESS  ENTITY.
 ALTHOUGH  FIRMS  REGISTERED  WITH  THE  EDUCATION DEPARTMENT MAY INCLUDE
 NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST  COMPLY  WITH
 RULES  PROMULGATED  BY  THE  STATE BOARD OF REGENTS. NOTWITHSTANDING THE
 FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT  HAVE
 NON-LICENSEE  OWNERS  IF  THE  FIRM'S NAME INCLUDES THE WORDS "CERTIFIED
 PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR  THE  ABBREVI-
 ATIONS  "CPA"  OR  "CPAS".    EACH  NON-LICENSEE OWNER OF A FIRM THAT IS
 FORMED UNDER THIS SECTION SHALL BE (I) A  NATURAL  PERSON  WHO  ACTIVELY
 PARTICIPATES  IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
 S. 4006                            36                            A. 3006
 
 (II) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR  PROFES-
 SIONAL  CORPORATION,  PROVIDED  THAT  EACH BENEFICIAL OWNER OF AN EQUITY
 INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
 THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
 PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
 SERVICES  TO  CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
 TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY.
   § 10. Subdivision (b) of section 1207 of the limited liability company
 law, as amended by chapter 475 of the laws of 2014, is amended  to  read
 as follows:
   (b)  With  respect to a professional service limited liability company
 formed to provide medical services as such services are defined in arti-
 cle 131 of the education law, each  member  of  such  limited  liability
 company must be licensed pursuant to article 131 of the education law to
 practice  medicine in this state. With respect to a professional service
 limited liability company formed to  provide  dental  services  as  such
 services are defined in article 133 of the education law, each member of
 such  limited liability company must be licensed pursuant to article 133
 of the education law to practice dentistry in this state.  With  respect
 to  a  professional  service limited liability company formed to provide
 veterinary services as such services are defined in article 135  of  the
 education  law,  each  member  of such limited liability company must be
 licensed pursuant to article 135 of the education law to practice veter-
 inary medicine in this state. With respect  to  a  professional  service
 limited  liability  company  formed to provide professional engineering,
 land surveying, architectural, landscape architectural and/or geological
 services as such services are defined in article 145,  article  147  and
 article  148 of the education law, each member of such limited liability
 company must be licensed pursuant to article  145,  article  147  and/or
 article  148  of  the  education  law  to  practice  one or more of such
 professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMIT-
 ED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC  ACCOUNTANCY  SERVICES  AS
 SUCH  SERVICES  ARE  DEFINED  IN  ARTICLE  149 OF THE EDUCATION LAW EACH
 MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
 NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
 BE  LICENSED  PURSUANT  TO  ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
 PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
 limited liability company formed to  provide  licensed  clinical  social
 work  services as such services are defined in article 154 of the educa-
 tion law, each  member  of  such  limited  liability  company  shall  be
 licensed  pursuant  to  article  154  of  the  education law to practice
 licensed clinical social work in this state. With respect to  a  profes-
 sional service limited liability company formed to provide creative arts
 therapy  services  as  such  services  are defined in article 163 of the
 education law, each member of such limited  liability  company  must  be
 licensed  pursuant to article 163 of the education law to practice crea-
 tive arts therapy in this state. With respect to a professional  service
 limited  liability company formed to provide marriage and family therapy
 services as such services are defined in article 163  of  the  education
 law,  each  member  of  such  limited liability company must be licensed
 pursuant to article 163 of the education law to  practice  marriage  and
 family  therapy  in  this  state. With respect to a professional service
 limited liability company formed to  provide  mental  health  counseling
 services  as  such  services are defined in article 163 of the education
 law, each member of such limited  liability  company  must  be  licensed
 pursuant  to  article 163 of the education law to practice mental health
 S. 4006                            37                            A. 3006
 
 counseling in this state. With respect to a professional service limited
 liability company formed to  provide  psychoanalysis  services  as  such
 services are defined in article 163 of the education law, each member of
 such  limited liability company must be licensed pursuant to article 163
 of the education law to practice  psychoanalysis  in  this  state.  With
 respect  to  a  professional service limited liability company formed to
 provide applied behavior analysis services as such services are  defined
 in article 167 of the education law, each member of such limited liabil-
 ity company must be licensed or certified pursuant to article 167 of the
 education  law  to  practice  applied behavior analysis in this state. A
 PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE
 IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM,  AS  SUCH  PRACTICE  IS
 DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW
 (I)  THAT  A  SIMPLE  MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF
 FINANCIAL INTERESTS, AND  VOTING  RIGHTS  HELD  BY  THE  FIRM'S  OWNERS,
 BELONGS  TO  INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
 STATE, AND (II) THAT ALL  MEMBERS  OF  A  LIMITED  PROFESSIONAL  SERVICE
 LIMITED  LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
 STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
 STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF  THE  EDUCATION
 LAW.  FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPI-
 TAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR
 INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH  FIRMS
 REGISTERED  WITH  THE  EDUCATION  DEPARTMENT  MAY  INCLUDE  NON-LICENSEE
 OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES  PROMUL-
 GATED  BY  THE  STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A
 FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE  NON-LICENSEE
 OWNERS  IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNT-
 ANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS  "CPA"  OR
 "CPAS".  EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS
 SECTION  SHALL  BE (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
 BUSINESS OF THE FIRM OR ITS AFFILIATED  ENTITIES,  OR  (II)  AN  ENTITY,
 INCLUDING,  BUT  NOT  LIMITED  TO,  A PARTNERSHIP OR PROFESSIONAL CORPO-
 RATION, PROVIDED EACH BENEFICIAL OWNER OF AN  EQUITY  INTEREST  IN  SUCH
 ENTITY  IS  A  NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
 CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES  OF  THIS
 SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS
 OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE DAY-TO-DAY BUSINESS OR
 MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY.
   § 11. Subdivision (a) of section 1301 of the limited liability company
 law, as amended by chapter 475 of the laws of 2014, is amended  to  read
 as follows:
   (a)  "Foreign  professional service limited liability company" means a
 professional service limited liability company, whether or  not  denomi-
 nated  as  such,  organized  under the laws of a jurisdiction other than
 this state, (i) each of whose members and managers, if any, is a profes-
 sional authorized by law to render a professional  service  within  this
 state  and who is or has been engaged in the practice of such profession
 in such professional service limited liability company or a  predecessor
 entity, or will engage in the practice of such profession in the profes-
 sional  service limited liability company within thirty days of the date
 such professional becomes a member, or each of whose members and  manag-
 ers,  if  any, is a professional at least one of such members is author-
 ized by law to render a professional service within this state  and  who
 is  or  has  been  engaged  in  the  practice of such profession in such
 professional service limited liability company or a predecessor  entity,
 S. 4006                            38                            A. 3006
 
 or  will  engage  in the practice of such profession in the professional
 service limited liability company within thirty days of  the  date  such
 professional  becomes  a  member,  or  (ii)  authorized by, or holding a
 license,  certificate,  registration  or  permit issued by the licensing
 authority pursuant to,  the  education  law  to  render  a  professional
 service within this state; except that all members and managers, if any,
 of  a  foreign  professional  service  limited  liability  company  that
 provides health services in this state shall be licensed in this  state.
 With respect to a foreign professional service limited liability company
 which provides veterinary services as such services are defined in arti-
 cle  135  of the education law, each member of such foreign professional
 service limited liability company shall be licensed pursuant to  article
 135  of  the education law to practice veterinary medicine. With respect
 to a  foreign  professional  service  limited  liability  company  which
 provides medical services as such services are defined in article 131 of
 the  education  law,  each  member  of such foreign professional service
 limited liability company must be licensed pursuant to  article  131  of
 the education law to practice medicine in this state.  With respect to a
 foreign  professional  service  limited liability company which provides
 dental services as such services are  defined  in  article  133  of  the
 education  law, each member of such foreign professional service limited
 liability company must be licensed pursuant to article 133 of the educa-
 tion law to practice dentistry in this state. With respect to a  foreign
 professional  service  limited  liability company which provides profes-
 sional engineering, land surveying, geologic, architectural and/or land-
 scape architectural services as such services  are  defined  in  article
 145,  article  147  and article 148 of the education law, each member of
 such foreign professional service  limited  liability  company  must  be
 licensed  pursuant to article 145, article 147 and/or article 148 of the
 education law to practice one or more of such professions in this state.
 WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
 WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE  DEFINED
 IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
 SIONAL  SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
 NESS IS IN THIS STATE AND  WHO  PROVIDES  PUBLIC  ACCOUNTANCY  SERVICES,
 SHALL  BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
 TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
 sional service limited liability company which provides  licensed  clin-
 ical social work services as such services are defined in article 154 of
 the  education  law,  each  member  of such foreign professional service
 limited liability company shall be licensed pursuant to article  154  of
 the  education  law to practice clinical social work in this state. With
 respect to a foreign  professional  service  limited  liability  company
 which  provides  creative  arts  therapy  services  as such services are
 defined in article 163 of the education law, each member of such foreign
 professional service limited liability company must be licensed pursuant
 to article 163 of the education law to practice creative arts therapy in
 this state. With respect  to  a  foreign  professional  service  limited
 liability company which provides marriage and family therapy services as
 such  services  are  defined  in  article 163 of the education law, each
 member of such foreign professional service  limited  liability  company
 must  be  licensed pursuant to article 163 of the education law to prac-
 tice marriage and family therapy  in  this  state.  With  respect  to  a
 foreign  professional  service  limited liability company which provides
 mental health counseling services as such services are defined in  arti-
 cle  163  of the education law, each member of such foreign professional
 S. 4006                            39                            A. 3006
 
 service limited liability company must be licensed pursuant  to  article
 163  of  the  education law to practice mental health counseling in this
 state. With respect to a foreign professional service limited  liability
 company  which  provides  psychoanalysis  services  as such services are
 defined in article 163 of the education law, each member of such foreign
 professional service limited liability company must be licensed pursuant
 to article 163 of the education law to practice psychoanalysis  in  this
 state.  With respect to a foreign professional service limited liability
 company which  provides  applied  behavior  analysis  services  as  such
 services are defined in article 167 of the education law, each member of
 such  foreign  professional  service  limited  liability company must be
 licensed or certified pursuant to article 167 of the  education  law  to
 practice applied behavior analysis in this state. A FOREIGN PROFESSIONAL
 SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC-
 TICE  OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER
 ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW  (I)  THAT  A
 SIMPLE  MAJORITY  OF  THE  OWNERSHIP  OF THE FIRM, IN TERMS OF FINANCIAL
 INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDI-
 VIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND  (II)
 THAT  ALL  MEMBERS  OF  A  FOREIGN  LIMITED PROFESSIONAL SERVICE LIMITED
 LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN  THIS  STATE,
 AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
 HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW. FOR
 PURPOSES  OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK,
 CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST,  OR  INTEREST
 IN  UNDISTRIBUTED  EARNINGS  OF A BUSINESS ENTITY. ALTHOUGH FIRMS REGIS-
 TERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE  OWNERS,  A
 REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE
 STATE  BOARD  OF REGENTS.   NOTWITHSTANDING THE FOREGOING, A FIRM REGIS-
 TERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS  IF
 THE  FIRM'S  NAME  INCLUDES  THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR
 "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS  "CPA"  OR  "CPAS".
 EACH  NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION
 SHALL BE (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE  BUSINESS
 OF  THE  FIRM  OR ITS AFFILIATED ENTITIES, OR (II) AN ENTITY, INCLUDING,
 BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION,  PROVIDED
 EACH  BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL
 PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY  THE  FIRM
 OR  ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
 PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
 VIDUALLY  TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM
 OR AN AFFILIATED ENTITY.
   § 12. Notwithstanding any other provision of law to the contrary, if a
 firm which is registered  with  the  education  department  to  lawfully
 engage  in the practice of public accountancy has one or more non-licen-
 see owners, each such non-licensee owner of  the  firm  whose  principal
 place  of  business is in New York state shall pay a fee of nine hundred
 dollars to the department of education on a triennial basis.
   § 13. This act shall take effect immediately.
 
                                  PART F
 
   Section 1. Short title. This article shall be known and cited  as  the
 "new homes targets and fast-track approval act".
 S. 4006                            40                            A. 3006
 
   § 2. Article 20 of the general municipal law is renumbered to be arti-
 cle  21,  sections  1000 and 1001 are renumbered to be sections 1020 and
 1021, and a new article 20 is added to read as follows:
 
                                ARTICLE 20
                 NEW HOMES TARGETS AND FAST TRACK APPROVAL

 SECTION 1000. LEGISLATIVE FINDINGS AND DECLARATIONS.
         1001. DEFINITIONS.
         1002. APPLICABILITY.
         1003. SAFE HARBOR.
         1004. LOCAL  PROCEDURES  OUTSIDE  OF  SAFE HARBOR/GENERAL APPEAL
                 PROCESS.
         1005. HOUSING REVIEW BOARD.
         1006. LAND USE APPEALS BEFORE THE SUPREME COURT.
   § 1000. LEGISLATIVE FINDINGS AND DECLARATIONS. THE LEGISLATURE  HEREBY
 FINDS, DETERMINES, AND DECLARES THAT:
   1.  THE LACK OF HOUSING, ESPECIALLY AFFORDABLE AND SUPPORTIVE HOUSING,
 IS A CRITICAL PROBLEM THAT THREATENS THE  ECONOMIC,  ENVIRONMENTAL,  AND
 SOCIAL  QUALITY OF LIFE THROUGHOUT NEW YORK STATE AND DISPROPORTIONATELY
 BURDENS VARIOUS VULNERABLE POPULATIONS THAT DISPROPORTIONATELY NEED MORE
 AFFORDABLE HOUSING OPTIONS INCLUDING,  BUT  NOT  LIMITED  TO,  LOW-  AND
 MODERATE-INCOME, RACIAL AND ETHNIC MINORITY, AND ELDERLY HOUSEHOLDS.
   2. HOUSING IN THE STATE OF NEW YORK IS AMONG THE MOST EXPENSIVE IN THE
 NATION.  THE  EXCESSIVE  COST OF THE STATE'S HOUSING SUPPLY IS PARTIALLY
 CAUSED BY A LACK OF NEW HOUSING PRODUCTION  DUE  TO  THE  PREVALENCE  OF
 LOCAL  GOVERNMENTAL  LAND  USE POLICIES THAT LIMIT THE OPPORTUNITIES FOR
 AND PLACE PROCEDURAL IMPEDIMENTS ON THE APPROVAL OF HOUSING DEVELOPMENTS
 AND THEREBY INCREASE DEVELOPMENT COSTS AND RESTRICT THE HOUSING SUPPLY.
   3. LOCAL GOVERNMENTAL LIMITATIONS ON AND BARRIERS TO HOUSING  DEVELOP-
 MENT  ARE  ESPECIALLY COMMON FOR MULTI-FAMILY HOUSING DEVELOPMENT, WHICH
 CONSTRAINS THE SUPPLY OF AFFORDABLE AND SUPPORTIVE  HOUSING  THAT  OFTEN
 REQUIRE MULTI-FAMILY DEVELOPMENT TO BE ECONOMICALLY FEASIBLE.
   4.  AMONG  THE CONSEQUENCES OF THE PREVALENCE OF LOCAL RESTRICTIONS ON
 HOUSING DEVELOPMENT ARE  THE  LACK  OF  HOUSING  TO  SUPPORT  EMPLOYMENT
 GROWTH;  IMBALANCE IN NUMBER OF JOBS AND HOUSING SUPPLY, WITH THE FORMER
 OUTSTRIPPING THE LATTER; SPRAWL; EXCESSIVE COMMUTING; AND THE  POTENTIAL
 FOR  DISCRIMINATION  AGAINST  LOW-INCOME  AND  MINORITY  HOUSEHOLDS  WHO
 DISPROPORTIONATELY REQUIRE AFFORDABLE HOUSING OPPORTUNITIES.
   5. MANY LOCAL GOVERNMENTS DO NOT GIVE ADEQUATE ATTENTION TO THE  LOCAL
 AND  BROADER REGIONAL ECONOMIC, ENVIRONMENTAL, AND SOCIAL COSTS OF LOCAL
 POLICIES AND ACTIONS THAT HAVE THE EFFECT OF STAGNATING OR REDUCING  THE
 SUPPLY  OF  HOUSING, INCLUDING AFFORDABLE AND SUPPORTIVE HOUSING, OR HOW
 SUCH POLICIES AND ACTIONS THEREBY PRODUCE THREATS TO THE PUBLIC  HEALTH,
 SAFETY, AND GENERAL WELFARE.
   6. ADDITIONALLY, MANY LOCAL GOVERNMENTS DO NOT GIVE ADEQUATE ATTENTION
 TO  THE  LOCAL  AND BROADER REGIONAL ECONOMIC, ENVIRONMENTAL, AND SOCIAL
 COSTS OF LOCAL POLICIES AND ACTIONS THAT RESULT IN DISAPPROVALS OR INHI-
 BITION OF PROPOSALS FOR HOUSING DEVELOPMENT PROJECTS THAT WOULD  BENEFIT
 THE  PUBLIC  HEALTH, SAFETY, AND GENERAL WELFARE; A REDUCTION IN DENSITY
 OF SUCH HOUSING PROJECTS; AND CREATION OF EXCESSIVE LAND USE  AND  OTHER
 BARRIERS FOR SUCH HOUSING DEVELOPMENTS TO BE BUILT.
   7.  LEGISLATION  IS  NECESSARY TO FORESTALL RESTRICTIVE LAND USE PRAC-
 TICES THAT INHIBIT AND LIMIT HOUSING DEVELOPMENT, AND TO FORESTALL UNDUE
 LOCAL DISAPPROVALS OF HOUSING DEVELOPMENT PROJECTS, ESPECIALLY  AFFORDA-
 S. 4006                            41                            A. 3006
 
 BLE  AND  SUPPORTIVE HOUSING, GIVEN THAT SUCH PRACTICES AND DISAPPROVALS
 PRODUCE THREATS TO THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE.
   8.  THE  STATE  OF  NEW  YORK  MUST ENSURE THAT LOCAL GOVERNMENTS GIVE
 ADEQUATE ATTENTION TO THE LOCAL AND BROADER REGIONAL ECONOMIC,  ENVIRON-
 MENTAL,  AND  SOCIAL  COSTS OF LAND USE ZONING AND PLANNING POLICIES AND
 ACTIONS, AS WELL AS THE DENIAL OF APPLICATIONS  TO  BUILD  NEW  HOUSING,
 WHICH  COLLECTIVELY AND INDIVIDUALLY MAY RESULT IN A DEARTH OF APPROPRI-
 ATE HOUSING TO MEET THE NEEDS OF  ALL  RESIDENTS  IN  THE  COMMUNITY  OR
 REGION.
   9.  IN  FURTHERANCE OF OVERALL HOUSING PRODUCTION GOALS AND TO PROMOTE
 THE GREATEST EFFICIENCY AND COORDINATED DEVELOPMENT EFFORTS  OF  LOCALI-
 TIES  WITHIN  THE  STATE,  IT  IS BOTH A MATTER OF STATE CONCERN AND THE
 POLICY OF THE STATE THAT LOCAL GOVERNMENTS ADDRESS THEIR LAND USE  POLI-
 CIES, PRACTICES, AND DECISIONS THAT MAKE HOUSING DEVELOPMENTS, AND ESPE-
 CIALLY  MULTI-FAMILY,  AFFORDABLE,  AND SUPPORTIVE HOUSING DEVELOPMENTS,
 IMPOSSIBLE OR INFEASIBLE.
   10. TO FURTHER ADDRESS THE SHORTAGE OF AFFORDABLE AND SUPPORTIVE HOUS-
 ING IN NEW YORK AND ENCOURAGE REDUCTION OF LAND USE RESTRICTIONS AND THE
 PRODUCTION OF MUCH NEEDED HOUSING, THIS  ARTICLE  CREATES  AN  IMPARTIAL
 FORUM  AND  A  PROCESS  FOR  SPECIALLY  DESIGNATING  JUDGES  TO  RESOLVE
 CONFLICTS ARISING FROM LOCAL DECISIONS ON THE DEVELOPMENT OF  AFFORDABLE
 AND SUPPORTIVE HOUSING.
   11. IN ORDER TO PREVENT HOUSING INSECURITY, HARDSHIP, AND DISLOCATION,
 THE  PROVISIONS  OF  THIS  ACT ARE NECESSARY AND DESIGNED TO PROTECT THE
 PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE OF THE RESIDENTS OF NEW  YORK
 STATE.
   §  1001. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY FOR THE PURPOSES
 OF THIS ARTICLE:
   1. "ACCESSORY DWELLING UNIT" SHALL MEAN  AN  ATTACHED  OR  A  DETACHED
 RESIDENTIAL  DWELLING UNIT THAT PROVIDES HOUSING FOR ONE OR MORE PERSONS
 WHICH IS LOCATED ON A LOT WITH A PROPOSED OR EXISTING  PRIMARY  RESIDEN-
 TIAL  DWELLING  UNIT  AND SHALL INCLUDE PERMANENT PROVISIONS FOR LIVING,
 SLEEPING, EATING, COOKING, AND SANITATION ON THE SAME LOT AS THE PRIMARY
 SINGLE-FAMILY OR MULTI-FAMILY DWELLING.
   2. "AFFORDABLE HOUSING" SHALL  MEAN  ANY  INCOME  RESTRICTED  HOUSING,
 WHETHER INTENDED FOR RENTAL OR HOMEOWNERSHIP, THAT IS SUBJECT TO A REGU-
 LATORY AGREEMENT WITH A LOCAL, STATE OR FEDERAL GOVERNMENTAL ENTITY.
   3.  "APPLICATION"  SHALL  MEAN  AN  APPLICATION FOR A BUILDING PERMIT,
 VARIANCE, WAIVER, CONDITIONAL USE PERMIT, SPECIAL  PERMIT,  ZONING  TEXT
 AMENDMENT,  ZONING MAP AMENDMENT, AMENDMENT TO ZONING DISTRICTS, CERTIF-
 ICATION, AUTHORIZATION, SITE PLAN  APPROVAL,  SUBDIVISION  APPROVAL,  OR
 OTHER DISCRETIONARY LAND USE DETERMINATION BY A LEAD AGENCY EQUIVALENT.
   4.  "DIVISION"  SHALL  MEAN  THE  DIVISION  OF  HOUSING  AND COMMUNITY
 RENEWAL.
   5. "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY
 ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT  MAKES
 IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDEN-
 TIAL  HOUSING  PROJECT AND STILL REALIZE A REASONABLE RETURN IN BUILDING
 OR OPERATING  SUCH  HOUSING  WITHOUT  SUBSTANTIALLY  CHANGING  THE  RENT
 LEVELS,  RESIDENTIAL  DWELLING  UNIT SIZES, OR RESIDENTIAL DWELLING UNIT
 COUNTS PROPOSED BY THE OWNER.
   6. "HOUSING REVIEW BOARD" SHALL MEAN THE HOUSING REVIEW  BOARD  ESTAB-
 LISHED PURSUANT TO THIS ARTICLE.
   7.  "LAND  USE  ACTION"  SHALL MEAN ANY ENACTMENT OF OR AMENDMENT TO A
 PROVISION OF A ZONING LOCAL LAW, ORDINANCE, RESOLUTION, POLICY, PROGRAM,
 S. 4006                            42                            A. 3006
 
 PROCEDURE, COMPREHENSIVE PLAN, SITE PLAN,  SUBDIVISION  PLAN,  CRITERIA,
 RULE, REGULATION, OR REQUIREMENT OF A LOCAL AGENCY.
   8.  "LAND  USE  REQUIREMENTS" SHALL MEAN ANY AND ALL LOCAL LAWS, ORDI-
 NANCES, RESOLUTIONS, OR REGULATIONS, THAT SHALL BE  ADOPTED  OR  ENACTED
 UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL
 OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMIT-
 ED TO A LOCALITY'S:
   A. WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
   B. ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
   C.  SPECIAL  USE  PERMIT,  SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT
 ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
   D. SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
   E. SITE PLAN REVIEW  ORDINANCE,  LOCAL  LAWS,  RESOLUTIONS,  OR  REGU-
 LATIONS; AND
   F. POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER REGULATO-
 RY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY
 OF  LAND,  THE  AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVELOPMENT OF
 LAND, OR THE INTENSITY OF SUCH DEVELOPMENT.
   9. "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY  LEGISLATIVE  BODY
 OF  A  LOCALITY, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVI-
 SION, PLANNING COMMISSION, BOARD OF  STANDARDS  AND  APPEALS,  BOARD  OF
 ZONING  APPEALS,  OR  ANY  OFFICIAL  OR  EMPLOYEE,  OR ANY OTHER AGENCY,
 DEPARTMENT, BOARD OR OTHER ENTITY RELATED TO A LOCALITY WITH THE AUTHOR-
 ITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY
 LAND USE REQUIREMENTS AS DEFINED IN THIS ARTICLE.
   10. "LOCALITY" SHALL REFER TO ALL  CITIES,  TOWNS,  OR  VILLAGES  THAT
 REGULATE  LAND  USE  PURSUANT TO THE GENERAL CITY LAW, THE TOWN LAW, THE
 VILLAGE LAW, OR OTHER STATE LAW, AS APPLICABLE. PROVIDED FURTHER THAT IN
 A CITY WITH A POPULATION OF ONE MILLION OR MORE, "LOCALITY" SHALL  REFER
 TO  A  COMMUNITY  BOARD DISTRICT AS DEFINED BY CHAPTER SIXTY-NINE OF THE
 CHARTER OF THE CITY OF NEW YORK. PROVIDED FURTHER THAT "LOCALITY"  SHALL
 REFER  TO  ANY CITY, TOWN, OR VILLAGE WITHIN A COUNTY, WHERE SUCH COUNTY
 REGULATES OR OTHERWISE HAS APPROVAL AUTHORITY  OVER  LAND  USE  REQUIRE-
 MENTS.
   11. "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.
   12.  "OBJECTIVE  STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE
 NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE  AND
 ARE  UNIFORMLY  VERIFIABLE  BY  REFERENCE  TO  A  PUBLICLY AVAILABLE AND
 UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL-
 OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF
 A RESIDENTIAL LAND USE APPLICATION.
   13. "PREVIOUSLY DISTURBED LAND" SHALL MEAN A PARCEL  OR  LOT  OF  LAND
 THAT  WAS  OCCUPIED  OR  FORMERLY  OCCUPIED  BY  A BUILDING OR OTHERWISE
 IMPROVED OR UTILIZED THAT IS NOT LOCATED IN A 100-YEAR FLOODPLAIN OR WAS
 NOT BEING USED FOR COMMERCIAL AGRICULTURAL PURPOSES AS OF THE  EFFECTIVE
 DATE OF THIS ARTICLE.
   14.  "QUALIFYING PROJECT" SHALL REFER TO AN APPLICATION THAT IS FOR AT
 LEAST TEN DWELLING UNITS IN LOCALITIES NOT LOCATED IN  THE  METROPOLITAN
 TRANSPORTATION  COMMUTER  DISTRICT  OR AT LEAST TWENTY DWELLING UNITS IN
 LOCALITIES LOCATED IN THE METROPOLITAN TRANSPORTATION COMMUTER  DISTRICT
 AND AT LEAST TWENTY PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING
 UNITS  RESTRICTED  TO  HOUSEHOLDS  AT OR BELOW FIFTY PERCENT OF THE AREA
 MEDIAN INCOME OR SUPPORTIVE DWELLING  UNITS,  OR  AT  LEAST  TWENTY-FIVE
 S. 4006                            43                            A. 3006
 
 PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS RESTRICTED TO
 HOUSEHOLDS  AT  OR  BELOW  EIGHTY  PERCENT  OF THE AREA MEDIAN INCOME OR
 SUPPORTIVE DWELLING UNITS.
   15.  "RESIDENTIAL  DWELLING UNIT" SHALL MEAN ANY BUILDING OR STRUCTURE
 OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS  THE
 HOME,  RESIDENCE  OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER
 THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS  DEFINED  IN
 SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO
 BE USED ON A SEASONAL BASIS.
   16. "SAFE HARBOR" SHALL MEAN THAT A LOCALITY'S DENIALS OF APPLICATIONS
 ARE  NOT  SUBJECT  TO  APPEAL PURSUANT TO SECTION ONE THOUSAND FOUR, ONE
 THOUSAND FIVE OR ONE THOUSAND SIX OF THIS ARTICLE FOR A THREE-YEAR CYCLE
 AS SET FORTH IN SECTION ONE THOUSAND THREE OF THIS ARTICLE.
   17. "SUPPORTIVE HOUSING" SHALL MEAN RESIDENTIAL  DWELLING  UNITS  WITH
 SUPPORTIVE SERVICES FOR TENANTS.
   18.  "THREE-YEAR CYCLE" SHALL MEAN A TERM OF THREE CALENDAR YEARS WITH
 THE FIRST CYCLE BEGINNING ON JANUARY FIRST,  TWO  THOUSAND  TWENTY-FOUR,
 AND EACH CYCLE COMMENCING THREE CALENDAR YEARS THEREAFTER.
   §  1002.  APPLICABILITY. THIS ARTICLE SHALL APPLY TO ALL LOCALITIES AS
 DEFINED IN SUBDIVISION TEN OF SECTION ONE THOUSAND ONE OF THIS ARTICLE.
   § 1003. SAFE HARBOR. 1. DETERMINATIONS.   A. THE DIVISION,  USING  THE
 INFORMATION  SUBMITTED  PURSUANT TO THIS SECTION, MAY MAKE AND PUBLISH A
 DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR AS A RESULT  OF
 SUCH  LOCALITY  ACHIEVING  ITS GROWTH TARGETS, AS DEFINED IN SUBDIVISION
 THREE OF THIS SECTION. SUCH DETERMINATION MAY  ONLY  BE  REVIEWED  BY  A
 COURT  OR THE HOUSING REVIEW BOARD AS PART OF AN APPEAL OF A DENIAL OF A
 SPECIFIC QUALIFYING PROJECT.
   B. SAFE HARBOR, AS DEFINED IN SECTION ONE THOUSAND ONE OF  THIS  ARTI-
 CLE,  SHALL  BE GRANTED TO LOCALITIES BASED UPON A THREE-YEAR CYCLE WITH
 THE FIRST CYCLE BEGINNING ON JANUARY FIRST,  TWO  THOUSAND  TWENTY-FOUR,
 PROVIDED  FURTHER THAT ALL LOCALITIES SHALL BE DEEMED IN SAFE HARBOR FOR
 THE DURATION OF THE FIRST CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND
 TWENTY-FOUR AND TERMINATING AFTER DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-SIX.
   (I)  A  LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR IF SUCH LOCALITY
 SATISFACTORILY ENACTS AT LEAST TWO PREFERRED ACTIONS, AS  SET  FORTH  IN
 SUBDIVISION FOUR OF THIS SECTION.  EXCEPT AS OTHERWISE SET FORTH IN THIS
 ARTICLE,  ANY DETERMINATION ISSUED BY THE DIVISION THAT A LOCALITY IS IN
 SAFE HARBOR BASED ON THE ENACTMENT OF PREFERRED ACTIONS, AS SET FORTH IN
 SUBDIVISION FOUR OF THIS SECTION, SHALL BE IN EFFECT FROM THE  EFFECTIVE
 DATE  OF SUCH DETERMINATION THROUGH THE END OF THE THREE-YEAR CYCLE THAT
 IS CURRENT ON THE DATE ON WHICH SUCH DETERMINATION IS  ISSUED,  PROVIDED
 FURTHER,  HOWEVER,  THAT  ANY  DETERMINATION  AS  TO WHETHER SAFE HARBOR
 SHOULD APPLY BASED ON THE LOCALITY'S ENACTMENT OF SUCH PREFERRED ACTIONS
 SHALL BE BASED ON SUCH PREFERRED ACTIONS ENACTED DURING  THE  THREE-YEAR
 CYCLE  IMMEDIATELY  PRECEDING THE THREE-YEAR CYCLE IN WHICH THE DETERMI-
 NATION WAS ISSUED. IN THE  EVENT  THAT  A  LOCALITY  RESCINDS  ANY  SUCH
 PREFERRED  ACTION  THAT CONTRIBUTED TO A LOCALITY BEING DETERMINED TO BE
 IN SAFE HARBOR WITHIN TEN YEARS OF SUCH  PREFERRED  ACTION'S  ENACTMENT,
 SUCH  LOCALITY SHALL BE INELIGIBLE FOR SAFE HARBOR FOR TEN YEARS, START-
 ING ON THE DATE SUCH LOCALITY WAS INITIALLY DEEMED TO BE IN SAFE  HARBOR
 AS A RESULT OF SUCH RESCINDED PREFERRED ACTION.
   (II)  A LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR IF SUCH LOCALITY
 MET OR EXCEEDED THEIR GROWTH TARGETS AS SET FORTH IN  SUBDIVISION  THREE
 OF  THIS  SECTION.  EXCEPT  AS  OTHERWISE SET FORTH IN THIS ARTICLE, ANY
 DETERMINATION ISSUED BY THE DIVISION THAT A LOCALITY IS IN  SAFE  HARBOR
 S. 4006                            44                            A. 3006
 
 BASED  ON  THE  LOCALITY  MEETING  OR EXCEEDING THEIR GROWTH TARGETS SET
 FORTH IN SUBDIVISION THREE OF THIS SECTION SHALL BE IN EFFECT  FROM  THE
 EFFECTIVE  DATE  OF SUCH DETERMINATION THROUGH THE END OF THE THREE-YEAR
 CYCLE  THAT WAS CURRENT AT THE TIME SUCH DETERMINATION WAS ISSUED BY THE
 DIVISION; PROVIDED FURTHER, HOWEVER, THAT ANY DETERMINATION AS TO WHETH-
 ER SAFE HARBOR SHOULD APPLY SHALL BE BASED ON THE  LOCALITY  MEETING  OR
 EXCEEDING  THEIR  GROWTH  TARGETS  IN  THE  THREE-YEAR CYCLE IMMEDIATELY
 PRECEDING THE THREE-YEAR CYCLE IN WHICH THE DETERMINATION WAS ISSUED.
   (III) A LOCALITY SHALL BE DETERMINED TO BE  IN  SAFE  HARBOR  FOR  THE
 THREE-YEAR  CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN,
 AND ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-NINE, IF,  FROM
 A PERIOD BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND ENDING
 ON  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, SUCH LOCALITY MET
 OR EXCEEDED THEIR GROWTH TARGETS AS SET FORTH IN  SUBDIVISION  THREE  OF
 THIS SECTION.
   2. LOCAL REPORTING REQUIREMENTS. EACH LOCALITY SUBJECT TO THIS ARTICLE
 SHALL SUBMIT HOUSING PRODUCTION INFORMATION TO THE DIVISION. SUCH INFOR-
 MATION SHALL BE SUBMITTED PURSUANT TO THE DEADLINES SET FORTH BY SECTION
 TWENTY-A  OF  THE  PUBLIC  HOUSING LAW AND SHALL CONTAIN THE INFORMATION
 PRESCRIBED IN SUCH SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS
 SECTION,  ANY FAILURE OF A LOCALITY TO PROVIDE SUCH INFORMATION PURSUANT
 TO THIS SUBDIVISION TO THE DIVISION SHALL RESULT IN THE  LOCALITY  BEING
 DEEMED  INELIGIBLE FOR SAFE HARBOR UNTIL SUCH TIME AS THE INFORMATION IS
 PROPERLY SUBMITTED.
   3. GROWTH TARGETS. A. A LOCALITY MAY  BE  DETERMINED  TO  BE  IN  SAFE
 HARBOR  FOR  A THREE-YEAR CYCLE, IF, IN THE PREVIOUS THREE-YEAR CYCLE, A
 LOCALITY LOCATED OUTSIDE OF  THE  METROPOLITAN  TRANSPORTATION  COMMUTER
 DISTRICT PERMITTED THE CONSTRUCTION OF NEW ELIGIBLE RESIDENTIAL DWELLING
 UNITS  IN  AN  AMOUNT  EQUAL TO ONE PERCENT OF THE AMOUNT OF RESIDENTIAL
 HOUSING UNITS EXISTING IN THE LOCALITY AS REPORTED IN THE MOST  RECENTLY
 PUBLISHED UNITED STATES DECENNIAL CENSUS.
   B.  A LOCALITY MAY BE DETERMINED TO BE IN SAFE HARBOR FOR A THREE-YEAR
 CYCLE, IF, IN THE PREVIOUS THREE-YEAR CYCLE, A LOCALITY  LOCATED  INSIDE
 OF  THE  METROPOLITAN  TRANSPORTATION  COMMUTER  DISTRICT  PERMITTED THE
 CONSTRUCTION OF NEW ELIGIBLE RESIDENTIAL DWELLING  UNITS  IN  AN  AMOUNT
 EQUAL TO THREE PERCENT OF THE AMOUNT OF RESIDENTIAL HOUSING UNITS EXIST-
 ING  IN  THE  LOCALITY AS REPORTED IN THE MOST RECENTLY PUBLISHED UNITED
 STATES DECENNIAL CENSUS.
   C. SUBJECT TO PARAGRAPH D OF THIS SUBDIVISION, THE NUMBER OF  ELIGIBLE
 RESIDENTIAL  DWELLING  UNITS  SHALL  BE  CALCULATED  USING THE FOLLOWING
 FORMULA:
   (I) A PERMITTED NEW RESIDENTIAL DWELLING UNIT SHALL BE COUNTED AS  ONE
 ELIGIBLE  RESIDENTIAL DWELLING UNIT, PROVIDED THAT A PERMITTED NEW RESI-
 DENTIAL DWELLING UNIT THAT IS INCOME RESTRICTED TO HOUSEHOLDS EARNING NO
 MORE THAN AN AMOUNT THAT IS DETERMINED PURSUANT TO A  REGULATORY  AGREE-
 MENT WITH A FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITY SHALL BE COUNT-
 ED AS TWO ELIGIBLE RESIDENTIAL DWELLING UNITS; AND
   (II)  EVERY  PERMITTED  RESIDENTIAL DWELLING UNIT THAT BECAME SUITABLE
 FOR OCCUPANCY AND THAT PREVIOUSLY HAD BEEN DEEMED ABANDONED PURSUANT  TO
 ARTICLE  NINETEEN-A  OF  THE  REAL  PROPERTY ACTIONS AND PROCEEDINGS LAW
 SHALL BE COUNTED AS  ONE  AND  ONE-HALF  ELIGIBLE  RESIDENTIAL  DWELLING
 UNITS.
   FOR THE PURPOSES OF THIS SUBDIVISION, A PROJECT SHALL BE CONSIDERED TO
 BE  PERMITTED  IF  IT  HAS  RECEIVED  ALL NECESSARY LOCAL AUTHORIZATIONS
 REQUIRED PRIOR TO REQUESTING A BUILDING PERMIT.
 S. 4006                            45                            A. 3006
 
   D. THE FOLLOWING PERMITTED RESIDENTIAL DWELLING  UNITS  SHALL  NOT  BE
 COUNTED AS ELIGIBLE RESIDENTIAL DWELLING UNITS:
   (I)  ANY  PERMITTED  RESIDENTIAL  DWELLING UNIT WHERE MORE THAN TWELVE
 MONTHS HAVE PASSED BETWEEN THE AUTHORIZATION GRANTING PERMISSION AND THE
 COMMENCEMENT OF CONSTRUCTION; AND
   (II) ANY PERMITTED RESIDENTIAL DWELLING UNIT WHERE MORE  THAN  TWENTY-
 FOUR  MONTHS  HAVE  PASSED BETWEEN THE AUTHORIZATION GRANTING PERMISSION
 AND THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR TEMPORARY  CERTIFICATE
 OF OCCUPANCY.
   E.  IN  THE EVENT A PERMITTED RESIDENTIAL DWELLING UNIT IS NOT COUNTED
 AS AN ELIGIBLE RESIDENTIAL UNIT PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
 SION, SUCH RESIDENTIAL DWELLING UNIT MAY BE COUNTED AS AN ELIGIBLE RESI-
 DENTIAL DWELLING UNIT WHEN THE CERTIFICATE  OF  OCCUPANCY  OR  TEMPORARY
 CERTIFICATE  OF  OCCUPANCY IS ISSUED FOR SUCH RESIDENTIAL DWELLING UNIT.
 PROVIDED, FURTHER, THAT IN NO EVENT SHALL AN ELIGIBLE RESIDENTIAL DWELL-
 ING UNIT BE COUNTED TOWARDS A LOCALITY'S GROWTH TARGET IN MORE THAN  ONE
 THREE-YEAR CYCLE.
   4. PREFERRED ACTIONS. A. ACCESSORY DWELLING UNITS. IT SHALL BE CONSID-
 ERED  TO  BE  A  PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY
 ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. FOR  ANY  LOCALITY
 WITHIN  A  CITY  WITH  A  POPULATION OF ONE MILLION OR MORE, IT SHALL BE
 CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY  ENACTS  BY  LOCAL
 LAW  THE  PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY. FOR ANY
 LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH  COUNTY  IS  EMPOWERED  TO
 APPROVE  OR  AMEND  SOME  OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE
 WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT  SHALL
 BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW
 THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALI-
 TY.
   (I) DEFINITIONS. FOR THE PURPOSES OF THIS PARAGRAPH:
   A. "LOCAL GOVERNMENT" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE.
   B.  "NONCONFORMING ZONING CONDITION" SHALL MEAN A PHYSICAL IMPROVEMENT
 ON A PROPERTY THAT DOES NOT CONFORM WITH CURRENT ZONING STANDARDS.
   C. "PROPOSED DWELLING" SHALL MEAN A DWELLING THAT IS THE SUBJECT OF  A
 PERMIT APPLICATION AND THAT MEETS THE REQUIREMENTS FOR PERMITTING.
   (II)  A LOCAL GOVERNMENT SHALL, BY LOCAL LAW, PROVIDE FOR THE CREATION
 OF ACCESSORY DWELLING UNITS. SUCH LOCAL LAW SHALL:
   A. DESIGNATE AREAS WITHIN THE JURISDICTION  OF  THE  LOCAL  GOVERNMENT
 WHERE  ACCESSORY  DWELLING  UNITS  SHALL  BE PERMITTED. DESIGNATED AREAS
 SHALL INCLUDE ALL AREAS THAT PERMIT SINGLE-FAMILY OR MULTI-FAMILY  RESI-
 DENTIAL USE, AND ALL LOTS WITH AN EXISTING RESIDENTIAL USE;
   B.  AUTHORIZE THE CREATION OF AT LEAST ONE ACCESSORY DWELLING UNIT PER
 LOT;
   C. PROVIDE REASONABLE STANDARDS FOR ACCESSORY DWELLING UNITS THAT  MAY
 INCLUDE, BUT ARE NOT LIMITED TO, HEIGHT, LANDSCAPE, ARCHITECTURAL REVIEW
 AND MAXIMUM SIZE OF A UNIT. IN NO CASE SHALL SUCH STANDARDS UNREASONABLY
 RESTRICT THE CREATION OF ACCESSORY DWELLING UNITS; AND
   D. REQUIRE ACCESSORY DWELLING UNITS TO COMPLY WITH THE FOLLOWING:
   (1)  SUCH  ACCESSORY  DWELLING  UNIT  MAY  BE RENTED SEPARATE FROM THE
 PRIMARY RESIDENTIAL DWELLING UNIT, BUT SHALL NOT BE  SOLD  OR  OTHERWISE
 CONVEYED SEPARATE FROM THE PRIMARY RESIDENTIAL DWELLING UNIT;
   (2)  SUCH  ACCESSORY  DWELLING  UNIT  SHALL  BE  LOCATED ON A LOT THAT
 INCLUDES A PROPOSED DWELLING OR EXISTING RESIDENTIAL DWELLING UNIT;
   (3) SUCH ACCESSORY DWELLING UNIT SHALL NOT BE RENTED  FOR  A  TERM  OF
 LESS THAN THIRTY DAYS; AND
 S. 4006                            46                            A. 3006
 
   (4)  IF  THERE  IS  AN EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, THE
 TOTAL FLOOR AREA OF AN ACCESSORY DWELLING UNIT SHALL  NOT  EXCEED  FIFTY
 PERCENT  OF  THE EXISTING PRIMARY RESIDENTIAL DWELLING UNIT, UNLESS SUCH
 LIMIT WOULD PREVENT THE CREATION OF AN ACCESSORY DWELLING UNIT  THAT  IS
 NO GREATER THAN SIX HUNDRED SQUARE FEET.
   (III)  A  LOCAL GOVERNMENT SHALL NOT ESTABLISH BY LOCAL LAW ANY OF THE
 FOLLOWING:
   A. IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE MILLION OR MORE, A
 MINIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT GREAT-
 ER THAN TWO HUNDRED SQUARE FEET, OR IN A LOCAL GOVERNMENT HAVING A POPU-
 LATION OF LESS THAN ONE MILLION, A MINIMUM  SQUARE  FOOTAGE  REQUIREMENT
 FOR  AN  ACCESSORY DWELLING UNIT THAT IS GREATER THAN FIVE HUNDRED FIFTY
 SQUARE FEET;
   B. A MAXIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT
 THAT IS LESS THAN FIFTEEN HUNDRED SQUARE FEET;
   C. ANY OTHER MINIMUM OR MAXIMUM SIZE FOR OR OTHER LIMITS ON AN  ACCES-
 SORY DWELLING UNIT THAT DOES NOT PERMIT AT LEAST AN EIGHT HUNDRED SQUARE
 FOOT  ACCESSORY DWELLING UNIT WITH FOUR-FOOT SIDE AND REAR YARD SETBACKS
 TO BE CONSTRUCTED IN COMPLIANCE WITH OTHER  LOCAL  STANDARDS,  INCLUDING
 ANY SUCH MINIMUM OR MAXIMUM SIZE BASED UPON A PERCENTAGE OF THE PROPOSED
 DWELLING  OR  EXISTING  PRIMARY  RESIDENTIAL  DWELLING UNIT, OR ANY SUCH
 OTHER LIMITS ON LOT COVERAGE, FLOOR AREA RATIO, OPEN SPACE, AND  MINIMUM
 LOT  SIZE.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A LOCAL
 GOVERNMENT MAY PROVIDE, WHERE A LOT  CONTAINS  AN  EXISTING  RESIDENTIAL
 DWELLING  UNIT,  THAT  AN  ACCESSORY DWELLING UNIT LOCATED WITHIN AND/OR
 ATTACHED TO THE PRIMARY RESIDENTIAL DWELLING UNIT SHALL NOT  EXCEED  THE
 BUILDABLE  ENVELOPE FOR THE EXISTING RESIDENTIAL DWELLING UNIT, AND THAT
 AN ACCESSORY DWELLING UNIT THAT IS DETACHED FROM AN EXISTING RESIDENTIAL
 DWELLING UNIT SHALL BE CONSTRUCTED IN THE SAME LOCATION AND TO THE  SAME
 DIMENSIONS AS AN EXISTING STRUCTURE, IF SUCH STRUCTURE EXISTS;
   D.  A  CEILING  HEIGHT REQUIREMENT GREATER THAN SEVEN FEET, UNLESS THE
 LOCAL GOVERNMENT CAN DEMONSTRATE THAT SUCH A  REQUIREMENT  IS  NECESSARY
 FOR THE PRESERVATION OF HEALTH AND SAFETY;
   E.  ANY REQUIREMENT THAT A PATHWAY EXIST OR BE CONSTRUCTED IN CONJUNC-
 TION WITH THE CREATION OF AN ACCESSORY DWELLING UNIT, UNLESS  THE  LOCAL
 GOVERNMENT  CAN  DEMONSTRATE  THAT SUCH REQUIREMENT IS NECESSARY FOR THE
 PRESERVATION OF HEALTH AND SAFETY;
   F. ANY SETBACK FOR AN EXISTING RESIDENTIAL DWELLING UNIT OR  ACCESSORY
 STRUCTURE  OR  A  STRUCTURE  CONSTRUCTED IN THE SAME LOCATION AND TO THE
 SAME DIMENSIONS AS AN EXISTING STRUCTURE THAT IS CONVERTED TO AN  ACCES-
 SORY DWELLING UNIT OR TO A PORTION OF AN ACCESSORY DWELLING UNIT, OR ANY
 SETBACK  OF  MORE THAN FOUR FEET FROM THE SIDE AND REAR LOT LINES FOR AN
 ACCESSORY DWELLING UNIT THAT IS NOT CONVERTED FROM AN EXISTING STRUCTURE
 OR A NEW STRUCTURE CONSTRUCTED IN THE SAME  LOCATION  AND  TO  THE  SAME
 DIMENSIONS AS AN EXISTING STRUCTURE; OR
   G.  ANY HEALTH OR SAFETY REQUIREMENTS ON ACCESSORY DWELLING UNITS THAT
 ARE NOT  NECESSARY  TO  PROTECT  HEALTH  AND  SAFETY.  NOTHING  IN  THIS
 PROVISION  SHALL BE CONSTRUED TO PREVENT A LOCAL GOVERNMENT FROM REQUIR-
 ING THAT ACCESSORY DWELLING UNITS ARE, WHERE  APPLICABLE,  SUPPORTED  BY
 SEPTIC  CAPACITY  NECESSARY  TO  MEET  STATE HEALTH, SAFETY AND SANITARY
 STANDARDS, THAT THE CREATION OF SUCH ACCESSORY DWELLING  UNITS  COMPORTS
 WITH  FLOOD  RESILIENCY  POLICIES  OR  EFFORTS,  AND THAT SUCH ACCESSORY
 DWELLING UNITS ARE  CONSISTENT  WITH  THE  PROTECTION  OF  WETLANDS  AND
 WATERSHEDS.
   (IV)  NO PARKING REQUIREMENT SHALL BE IMPOSED ON AN ACCESSORY DWELLING
 UNIT; PROVIDED, HOWEVER, THAT WHERE NO ADJACENT  PUBLIC  STREET  PERMITS
 S. 4006                            47                            A. 3006
 
 YEAR-ROUND  ON-STREET PARKING AND THE ACCESSORY DWELLING UNIT IS GREATER
 THAN ONE-HALF MILE FROM ACCESS TO PUBLIC TRANSPORTATION, A LOCAL GOVERN-
 MENT MAY REQUIRE UP TO ONE OFF-STREET PARKING SPACE PER ACCESSORY UNIT.
   (V) A LOCAL GOVERNMENT SHALL NOT REQUIRE THAT OFF-STREET PARKING SPAC-
 ES  BE  REPLACED  IF  A GARAGE, CARPORT, OR COVERED PARKING STRUCTURE IS
 DEMOLISHED IN CONJUNCTION WITH THE CONSTRUCTION OF AN ACCESSORY DWELLING
 UNIT OR CONVERTED TO AN ACCESSORY DWELLING UNIT.
   (VI) NOTWITHSTANDING ANY LOCAL LAW, ORDINANCE,  RESOLUTION,  OR  REGU-
 LATIONS,  A  PERMIT  APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT IN
 CONFORMANCE WITH A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH SHALL BE
 CONSIDERED MINISTERIALLY, WITHOUT DISCRETIONARY REVIEW OR A HEARING.  IF
 THERE  IS AN EXISTING SINGLE-FAMILY OR MULTI-FAMILY RESIDENTIAL DWELLING
 UNIT ON THE LOT, THE PERMITTING LOCAL GOVERNMENT SHALL ACT ON THE APPLI-
 CATION TO CREATE AN ACCESSORY DWELLING UNIT WITHIN NINETY DAYS FROM  THE
 DATE  THE  LOCAL  AGENCY RECEIVES A COMPLETED APPLICATION OR, IN A LOCAL
 GOVERNMENT HAVING A POPULATION OF ONE  MILLION  OR  MORE,  WITHIN  SIXTY
 DAYS.  IF THE PERMIT APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT IS
 SUBMITTED WITH A PERMIT APPLICATION TO CREATE A NEW PRIMARY  RESIDENTIAL
 DWELLING  UNIT  ON  THE  LOT,  THE PERMITTING LOCAL GOVERNMENT MAY DELAY
 ACTING ON THE PERMIT APPLICATION FOR THE ACCESSORY DWELLING  UNIT  UNTIL
 THE PERMITTING LOCAL GOVERNMENT ACTS ON THE PERMIT APPLICATION TO CREATE
 THE NEW PRIMARY RESIDENTIAL DWELLING UNIT, BUT THE APPLICATION TO CREATE
 THE  ACCESSORY  DWELLING  UNIT SHALL BE CONSIDERED WITHOUT DISCRETIONARY
 REVIEW OR HEARING. IF THE APPLICANT REQUESTS A DELAY,  THE  TIME  PERIOD
 FOR  REVIEW  SHALL  BE  TOLLED  FOR THE PERIOD OF THE DELAY. SUCH REVIEW
 SHALL INCLUDE ALL NECESSARY PERMITS  AND  APPROVALS  INCLUDING,  WITHOUT
 LIMITATION, THOSE RELATED TO HEALTH AND SAFETY. A LOCAL GOVERNMENT SHALL
 NOT  REQUIRE  AN  ADDITIONAL  OR  AMENDED  CERTIFICATE  OF  OCCUPANCY IN
 CONNECTION WITH AN ACCESSORY  DWELLING  UNIT.  A  LOCAL  GOVERNMENT  MAY
 CHARGE  A FEE NOT TO EXCEED ONE THOUSAND DOLLARS PER APPLICATION FOR THE
 REIMBURSEMENT OF THE ACTUAL COSTS SUCH LOCAL AGENCY INCURS  PURSUANT  TO
 THE LOCAL LAW ENACTED PURSUANT TO THIS PARAGRAPH.
   (VII) LOCAL GOVERNMENTS SHALL ESTABLISH AN ADMINISTRATIVE APPEAL PROC-
 ESS  TO  A  LOCAL  AGENCY  FOR APPLICATIONS TO CREATE ACCESSORY DWELLING
 UNITS. THE JURISDICTION OF THE LOCAL AGENCY TO DECIDE SUCH APPEALS SHALL
 BE LIMITED TO REVIEWING ANY ORDER,  REQUIREMENT,  DECISION,  INTERPRETA-
 TION,  OR  DETERMINATION  ISSUED UNDER THE LOCAL LAW ADOPTED PURSUANT TO
 THIS PARAGRAPH AND DECIDING THE MATTER FROM WHICH ANY  SUCH  APPEAL  WAS
 TAKEN.  WHEN A PERMIT TO CREATE AN ACCESSORY DWELLING UNIT PURSUANT TO A
 LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH IS DENIED, THE LOCAL AGENCY
 THAT DENIED THE PERMIT SHALL  ISSUE  A  NOTICE  OF  DENIAL  WHICH  SHALL
 CONTAIN  THE  REASON  OR  REASONS SUCH PERMIT APPLICATION WAS DENIED AND
 INSTRUCTIONS ON HOW THE APPLICANT MAY APPEAL SUCH  DENIAL.  SUCH  NOTICE
 SHALL  BE  MADE  PART  OF  THE  RECORD  OF APPEALS. ALL APPEALS SHALL BE
 SUBMITTED TO THE LOCAL AGENCY AUTHORIZED BY THE GOVERNING  BODY  OF  THE
 LOCAL  GOVERNMENT  TO DECIDE SUCH APPEALS, IN WRITING WITHIN THIRTY DAYS
 OF ANY ORDER, REQUIREMENT, DECISION,  INTERPRETATION,  OR  DETERMINATION
 RELATED TO THE CREATION OF ACCESSORY DWELLING UNITS.
   (VIII)  NO  OTHER LOCAL LAW, ORDINANCE, POLICY, OR REGULATION SHALL BE
 THE BASIS FOR THE DENIAL OF A BUILDING PERMIT OR A USE PERMIT UNDER THIS
 PARAGRAPH EXCEPT TO THE EXTENT NECESSARY TO PROTECT  HEALTH  AND  SAFETY
 AND  PROVIDED  SUCH  LAW,  POLICY,  OR REGULATION IS CONSISTENT WITH THE
 REQUIREMENTS OF THIS PARAGRAPH.
   (IX) A LOCAL GOVERNMENT SHALL NOT REQUIRE, AS A CONDITION  FOR  MINIS-
 TERIAL APPROVAL OF A PERMIT APPLICATION FOR THE CREATION OF AN ACCESSORY
 DWELLING  UNIT,  THE  CORRECTION  OF  NONCONFORMING  ZONING  CONDITIONS,
 S. 4006                            48                            A. 3006
 
 NONCOMPLYING ZONING CONDITIONS, OR OTHER MINOR VIOLATIONS OF  ANY  LOCAL
 LAW.
   (X) WHERE AN ACCESSORY DWELLING UNIT REQUIRES A NEW OR SEPARATE UTILI-
 TY CONNECTION DIRECTLY BETWEEN THE ACCESSORY DWELLING UNIT AND THE UTIL-
 ITY,  THE  CONNECTION  MAY  BE  SUBJECT  TO A CONNECTION FEE OR CAPACITY
 CHARGE THAT SHALL BE PROPORTIONATE TO THE BURDEN OF THE PROPOSED  ACCES-
 SORY  DWELLING  UNIT,  BASED  UPON  EITHER ITS SIZE OR THE NUMBER OF ITS
 PLUMBING FIXTURES UPON THE WATER OR SEWER SYSTEM.  SUCH  FEE  OR  CHARGE
 SHALL   NOT  EXCEED  THE  REASONABLE  COST  OF  PROVIDING  SUCH  UTILITY
 CONNECTION. A LOCAL  GOVERNMENT  SHALL  NOT  IMPOSE  ANY  OTHER  FEE  IN
 CONNECTION WITH AN ACCESSORY DWELLING UNIT.
   (XI)  A PROPERTY OWNER WHO IS DENIED A PERMIT BY A LOCAL GOVERNMENT IN
 VIOLATION OF THIS PARAGRAPH SHALL HAVE A PRIVATE CAUSE OF  ACTION  IN  A
 COURT OF COMPETENT JURISDICTION.
   (XII)  ANY  AMENDMENT  UNDERTAKEN  PURSUANT TO THIS PARAGRAPH SHALL BE
 EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS  PURSUANT  TO  ARTICLE
 EIGHT  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW AND ANY RULES AND REGU-
 LATIONS PROMULGATED PURSUANT THERETO, AND ANY  SUBSTANTIALLY  EQUIVALENT
 LOCAL  LAW,  REGULATION  OR  RULE  TO ARTICLE EIGHT OF THE ENVIRONMENTAL
 CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A  POPU-
 LATION  GREATER  THAN  ONE  MILLION  PEOPLE,  CITY ENVIRONMENTAL QUALITY
 REVIEW.
   B. LOT SPLITS. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION  PURSU-
 ANT  TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF
 THIS PARAGRAPH. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF  ONE
 MILLION  OR MORE, IT SHALL BE A CONSIDERED TO BE SUCH A PREFERRED ACTION
 IF SUCH CITY ENACTS BY  LOCAL  LAW  THE  PROVISIONS  OF  THIS  PARAGRAPH
 THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHER-
 EIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND
 USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUN-
 TY  IS  SO  EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF
 SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH  TO  BE
 IN EFFECT THROUGHOUT SUCH LOCALITY.
   (I) NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW, RULE OR
 REGULATION, A LEAD AGENCY EQUIVALENT SHALL MINISTERIALLY APPROVE, AS SET
 FORTH  BY  THE  LOCAL  LAW  ADOPTED  TO  ESTABLISH A PREFERRED ACTION IN
 ACCORDANCE WITH THIS PARAGRAPH, A LOT TO BE SPLIT  IF  THE  LEAD  AGENCY
 EQUIVALENT  DETERMINES  THAT THE LOT MEETS ALL OF THE FOLLOWING REQUIRE-
 MENTS:
   A. THE LOT TO BE SPLIT CREATES NO MORE THAN TWO NEW LOTS  OF  APPROXI-
 MATELY  EQUAL  LOT AREA, PROVIDED THAT ONE LOT SHALL NOT BE SMALLER THAN
 FORTY PERCENT OF THE LOT AREA OF  THE  ORIGINAL  LOT  PROPOSED  FOR  THE
 SUBDIVISION;
   B. THE LOT TO BE SPLIT IS LOCATED IN AN AREA WHERE SINGLE-FAMILY RESI-
 DENTIAL USE IS PERMITTED;
   C.  THE LOT WAS NOT CREATED FROM A PREVIOUS LOT SPLIT PERMITTED PURSU-
 ANT TO THE LOCAL LAW THAT WAS ENACTED PURSUANT TO THIS PARAGRAPH; AND
   D. THE PROPOSED LOT SPLIT WOULD NOT REQUIRE DEMOLITION  OR  ALTERATION
 OF ANY OF THE FOLLOWING TYPES OF HOUSING:
   (1)  HOUSING THAT IS SUBJECT TO A RECORDED COVENANT, ORDINANCE, LAW OR
 REGULATORY AGREEMENT  THAT  RESTRICTS  RENTS  TO  LEVELS  AFFORDABLE  TO
 PERSONS AND FAMILIES OF A SET INCOME;
   (2) HOUSING THAT IS SUBJECT TO THE EMERGENCY RENT STABILIZATION LAW OR
 THE EMERGENCY TENANT PROTECTION ACT; OR
 S. 4006                            49                            A. 3006
 
   (3) HOUSING THAT IS LISTED ON THE STATE REGISTRY OF HISTORIC PLACES OR
 HAD  AN  APPLICATION  PENDING  TO  BE  LISTED ON SUCH REGISTRY AS OF THE
 EFFECTIVE DATE OF THIS ARTICLE.
   (II)  AN  APPLICATION  FOR A LOT SPLIT SHALL BE APPROVED IN ACCORDANCE
 WITH THE FOLLOWING REQUIREMENTS:
   A. A LEAD AGENCY EQUIVALENT SHALL APPROVE OR DENY AN APPLICATION FOR A
 LOT SPLIT MINISTERIALLY WITHOUT DISCRETIONARY REVIEW.
   B. A LEAD AGENCY EQUIVALENT SHALL NOT REQUIRE DEDICATIONS  OF  RIGHTS-
 OF-WAY  OR  THE  CONSTRUCTION OF OFFSITE IMPROVEMENTS FOR THE LOTS BEING
 CREATED AS A CONDITION OF APPROVING A LOT SPLIT PURSUANT TO A LOCAL  LAW
 ADOPTED PURSUANT TO THIS PARAGRAPH.
   C.  A  LEAD  AGENCY  EQUIVALENT  SHALL  NOT IMPOSE LAND USE STANDARDS,
 ZONING STANDARDS, SUBDIVISION STANDARDS,  DESIGN  REVIEW  STANDARDS,  OR
 OTHER  DEVELOPMENT  STANDARDS  THAT  WOULD HAVE THE EFFECT OF PHYSICALLY
 PRECLUDING THE CONSTRUCTION OF TWO UNITS, ONE ON EACH OF  THE  RESULTING
 LOTS,  OR  THAT  WOULD  RESULT IN A UNIT SIZE OF LESS THAN EIGHT HUNDRED
 SQUARE FEET, PROVIDED FURTHER THAT NO SETBACK SHALL BE REQUIRED  FOR  AN
 EXISTING  STRUCTURE  OR A STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND
 TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE.
   D. NOTWITHSTANDING CLAUSE C OF THIS SUBPARAGRAPH, A LEAD AGENCY EQUIV-
 ALENT MAY REQUIRE A SETBACK OF UP TO FOUR FEET FROM THE  SIDE  AND  REAR
 LOT LINES.
   (III) A LEAD AGENCY EQUIVALENT MAY DENY A LOT SPLIT IF THE LEAD AGENCY
 EQUIVALENT  MAKES  A  WRITTEN FINDING, BASED UPON A PREPONDERANCE OF THE
 EVIDENCE, THAT A PROPOSED RESIDENTIAL DWELLING UNIT ON ONE  OF  THE  NEW
 LOTS  WOULD HAVE A SPECIFIC, ADVERSE IMPACT UPON PUBLIC HEALTH OR SAFETY
 FOR WHICH THERE IS NO FEASIBLE METHOD  TO  SATISFACTORILY  MITIGATE  THE
 SPECIFIC ADVERSE IMPACT.
   (IV)  A LEAD AGENCY EQUIVALENT MAY REQUIRE ANY OF THE FOLLOWING CONDI-
 TIONS WHEN CONSIDERING AN APPLICATION TO UNDERTAKE A LOT SPLIT:
   A. EASEMENTS REQUIRED FOR THE PROVISION OF PUBLIC SERVICES AND FACILI-
 TIES;
   B. A REQUIREMENT THAT THE LOTS HAVE ACCESS TO, PROVIDE ACCESS  TO,  OR
 ADJOIN THE PUBLIC RIGHT-OF-WAY; AND
   C.  OFF-STREET  PARKING  OF  UP  TO ONE SPACE PER RESIDENTIAL DWELLING
 UNIT, EXCEPT THAT A LEAD AGENCY  EQUIVALENT  SHALL  NOT  IMPOSE  PARKING
 REQUIREMENTS IN EITHER OF THE FOLLOWING INSTANCES:
   (1) WHERE YEAR-ROUND PARKING IS PERMITTED ON AN ADJACENT STREET; OR
   (2)  WHERE  THE  SPLIT LOT IS WITHIN ONE-HALF MILE OF ACCESS TO PUBLIC
 TRANSPORTATION.
   (V) A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE OWNER OCCUPANCY REQUIRE-
 MENTS ON A LOT SPLIT AUTHORIZED PURSUANT TO A LOCAL LAW ADOPTED PURSUANT
 TO THIS PARAGRAPH.
   (VI) A LEAD AGENCY EQUIVALENT SHALL REQUIRE THAT A RENTAL OF ANY  UNIT
 CREATED  PURSUANT  TO  A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH BE
 FOR A TERM LONGER THAN THIRTY DAYS.
   (VII) A LEAD AGENCY EQUIVALENT SHALL NOT REQUIRE, AS A  CONDITION  FOR
 MINISTERIAL  APPROVAL  OF  A  LOT  SPLIT PURSUANT TO A LOCAL LAW ADOPTED
 PURSUANT TO THIS PARAGRAPH, CORRECTION OF NONCONFORMING OR  NONCOMPLYING
 ZONING CONDITIONS.
   (VIII)  A  REQUEST  FOR  A  LOT  SPLIT PURSUANT TO A LOCAL LAW ADOPTED
 PURSUANT TO THIS  PARAGRAPH  SHALL  NOT  BE  DENIED  SOLELY  BECAUSE  IT
 PROPOSED  ADJACENT OR CONNECTED STRUCTURES, PROVIDED THAT THE STRUCTURES
 MEET BUILDING CODE SAFETY STANDARDS AND ARE SUFFICIENT TO ALLOW SEPARATE
 CONVEYANCE.
 S. 4006                            50                            A. 3006
 
   (IX) ANY AMENDMENT UNDERTAKEN PURSUANT  TO  THIS  PARAGRAPH  SHALL  BE
 EXEMPT  FROM  ANY  ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE
 EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW  AND  ANY  RULES  AND  REGU-
 LATIONS  PROMULGATED  PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
 LOCAL  LAW,  REGULATION  OR  RULE  TO ARTICLE EIGHT OF THE ENVIRONMENTAL
 CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A  POPU-
 LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW.
   C.  REMOVE  EXCLUSIONARY  MEASURES.  IT  SHALL  BE  CONSIDERED TO BE A
 PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY  LOCAL
 LAW  THE  PROVISIONS  OF  THIS PARAGRAPH. FOR ANY LOCALITY WITHIN A CITY
 WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED  TO  BE
 SUCH  A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS
 OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY.  FOR  ANY  LOCALITY  LOCATED
 WITHIN  A  COUNTY  WHEREIN  SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND
 SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY,
 TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH  A
 PREFERRED  ACTION  IF  SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF
 THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY.
   (I) NO LOCALITY SHALL, AS PART OF ITS LAND USE LAWS, ORDINANCES, RULES
 OR REGULATIONS, INCLUDING, BUT NOT LIMITED TO, ZONING LAWS,  ORDINANCES,
 RULES  OR REGULATIONS, SITE PLAN REVIEW LAWS, ORDINANCES, RULES OR REGU-
 LATIONS, SUBDIVISION LAWS, RULES OR REGULATIONS, OR COMPREHENSIVE  PLAN-
 NING LAWS, RULES OR REGULATIONS, IMPOSE:
   A. MINIMUM LOT SIZE REQUIREMENTS FOR MIXED-USE OR RESIDENTIAL USES;
   B. HEIGHT LIMITS THAT PRECLUDE OR UNDULY RESTRICT THE ABILITY TO BUILD
 RESIDENTIAL  ACCOMMODATIONS,  INCLUDING  MULTI-FAMILY RESIDENTIAL BUILD-
 INGS;
   C. LOT COVERAGE RESTRICTIONS THAT  PRECLUDE  OR  UNDULY  RESTRICT  THE
 ABILITY  TO  BUILD  RESIDENTIAL  ACCOMMODATIONS,  INCLUDING MULTI-FAMILY
 RESIDENTIAL BUILDINGS; OR
   D. PARKING MINIMUMS ON ANY SITE THAT  EXCEED  ONE  PARKING  SPACE  PER
 RESIDENTIAL  DWELLING  UNIT, PROVIDED, FURTHER, THAT NO PARKING MINIMUMS
 MAY BE IMPOSED FOR ANY SITE THAT  INCLUDES  RESIDENTIAL  DWELLING  UNITS
 WHEN  SUCH  SITE  IS  LOCATED WITHIN ONE-HALF MILE FROM ACCESS TO PUBLIC
 TRANSPORTATION.
   (II) ANY AMENDMENT UNDERTAKEN PURSUANT  TO  THIS  PARAGRAPH  SHALL  BE
 EXEMPT  FROM  ANY  ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE
 EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW  AND  ANY  RULES  AND  REGU-
 LATIONS  PROMULGATED  PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
 LOCAL LAW, REGULATION OR RULE TO  ARTICLE  EIGHT  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW.
   D. SMART GROWTH REZONINGS. IT SHALL BE CONSIDERED TO  BE  A  PREFERRED
 ACTION  PURSUANT  TO  THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE
 PROVISIONS OF THIS PARAGRAPH. SUCH PREFERRED ACTION  SHALL  BE  DESIGNED
 AND IMPLEMENTED IN SUCH A MANNER THAT IT COMPLIES WITH FEDERAL AND STATE
 FAIR  HOUSING  LAWS,  INCLUDING THE REQUIREMENT TO AFFIRMATIVELY FURTHER
 FAIR HOUSING, WHICH SHALL INCLUDE COMPLIANCE WITH THE  REQUIREMENTS  SET
 FORTH  IN SUBDIVISION THREE OF SECTION SIX HUNDRED OF THE PUBLIC HOUSING
 LAW. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION  OR
 MORE,  IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY
 ENACTS BY LOCAL LAW THE PROVISIONS OF  THIS  PARAGRAPH  THROUGHOUT  SUCH
 LOCALITY.   FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY
 IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE  LAND  USE  REQUIRE-
 MENTS  APPLICABLE  WITHIN  THE  LOCALITY, TO THE EXTENT THE COUNTY IS SO
 EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY
 S. 4006                            51                            A. 3006
 
 ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH  TO  BE  IN  EFFECT
 THROUGHOUT SUCH LOCALITY.
   (I)  A  LEAD  AGENCY  EQUIVALENT  SHALL UNDERTAKE A LAND USE ACTION TO
 AMEND  ITS  LAND  USE  REQUIREMENTS,  AS  APPLICABLE,  TO   PERMIT   THE
 CONSTRUCTION  OF  RESIDENTIAL  HOUSING  WITH  AN AGGREGATE DENSITY OF AT
 LEAST TWENTY-FIVE RESIDENTIAL DWELLING UNITS PER ACRE OVER  AN  AREA  OR
 AREAS CONSISTING SOLELY OF PREVIOUSLY DISTURBED LAND THAT, IN THE AGGRE-
 GATE,  ARE  EQUAL  TO ONE-THIRD OF THE PREVIOUSLY DISTURBED LAND MASS OF
 THE LOCALITY.
   (II) SUCH LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT MAKES THE
 DEVELOPMENT OF RESIDENTIAL HOUSING ECONOMICALLY  INFEASIBLE,  INCLUDING,
 BUT  NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD OR
 OPEN SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR  MAXIMUM  RESIDEN-
 TIAL  DWELLING  UNIT SIZE LIMITS, OR RESTRICTIONS ON THE TOTAL NUMBER OF
 PERMITTED  RESIDENTIAL  DWELLING  UNITS  WITHIN  A  RESIDENTIAL  HOUSING
 PROJECT  BASED  ON  LOT  SIZE OR OTHER CRITERIA OTHER THAN THE AGGREGATE
 DENSITY.
   (III) SUCH LAND USE ACTION SHALL PERMIT COMMERCIAL USES ON  A  REASON-
 ABLE  PERCENTAGE  OF THE LOTS IMPACTED BY THE AMENDMENT WITH THE GOAL OF
 GRANTING RESIDENTS ACCESS TO AMENITIES, GOODS, AND SERVICES WITHIN WALK-
 ING DISTANCE OF THEIR RESIDENCES.
   (IV) ANY AMENDMENT UNDERTAKEN PURSUANT  TO  THIS  PARAGRAPH  SHALL  BE
 EXEMPT  FROM  ANY  ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE
 EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW  AND  ANY  RULES  AND  REGU-
 LATIONS  PROMULGATED  PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
 LOCAL LAW, REGULATION OR RULE TO  ARTICLE  EIGHT  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU-
 LATION GREATER THAN  ONE  MILLION  PEOPLE,  CITY  ENVIRONMENTAL  QUALITY
 REVIEW.
   (V)  ANY  PROPOSED  PROJECT  THAT  PROVIDES  RESIDENTIAL  HOUSING  AND
 COMPLIES WITH A LOCALITY'S LAND USE REQUIREMENTS, AFTER  SUCH  LAND  USE
 REQUIREMENTS  HAVE  BEEN  AMENDED  PURSUANT  TO THIS PARAGRAPH, SHALL BE
 EXEMPT FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF  THE  ENVI-
 RONMENTAL  CONSERVATION  LAW  AND  ANY RULES AND REGULATIONS PROMULGATED
 THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR  RULE
 TO  ARTICLE  EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT
 NOT LIMITED TO, IN A CITY WITH A POPULATION  GREATER  THAN  ONE  MILLION
 PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW.
   (VI)  PROJECT SPECIFIC REVIEW OF ANY PROJECT THAT PROVIDES RESIDENTIAL
 HOUSING AND COMPLIES WITH A LOCALITY'S LAND USE REQUIREMENTS, AFTER SUCH
 REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL:
   A. BE COMPLETED WITH WRITTEN APPROVAL OR DENIAL BEING DELIVERED TO THE
 APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE  APPLICATION  BEING
 SUBMITTED; AND
   B. BE LIMITED TO A REVIEW OF THE FOLLOWING:
   (1)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
   (2) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE  ADEQUATE  UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   (3) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
 IC  REVIEW  MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC-
 TIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC  REVIEW  MAY  CONSIDER
 AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE
 THE  COST  OF  A  PROJECT  TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY
 INFEASIBLE.
 S. 4006                            52                            A. 3006
 
   C. UNLESS SPECIFICALLY SET FORTH BY THIS PARAGRAPH, NOTHING SET  FORTH
 IN THIS SUBPARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE
 ANY  PERMITTING  REQUIRED  PURSUANT  TO  STATE  OR FEDERAL LAWS OR REGU-
 LATIONS.
   E.  ADAPTIVE REUSE REZONINGS. IT SHALL BE CONSIDERED TO BE A PREFERRED
 ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY  LOCAL  LAW  THE
 PROVISIONS  OF  THIS  PARAGRAPH. SUCH PREFERRED ACTION SHALL BE DESIGNED
 AND IMPLEMENTED IN SUCH A MANNER THAT IT COMPLIES WITH FEDERAL AND STATE
 FAIR HOUSING LAWS, INCLUDING THE REQUIREMENT  TO  AFFIRMATIVELY  FURTHER
 FAIR  HOUSING,  WHICH SHALL INCLUDE COMPLIANCE WITH THE REQUIREMENTS SET
 FORTH IN SUBDIVISION THREE OF SECTION SIX HUNDRED OF THE PUBLIC  HOUSING
 LAW.  FOR  ANY LOCALITY WITHIN A CITY WITH A POPULATION GREATER THAN ONE
 MILLION PEOPLE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION  IF
 SUCH  CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH THROUGH-
 OUT SUCH LOCALITY.  FOR ANY LOCALITY LOCATED  WITHIN  A  COUNTY  WHEREIN
 SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE
 REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS
 SO  EMPOWERED,  IT  SHALL  BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH
 COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS  PARAGRAPH  TO  BE  IN
 EFFECT THROUGHOUT SUCH LOCALITY.
   (I)  A  LEAD  AGENCY  EQUIVALENT  SHALL UNDERTAKE A LAND USE ACTION TO
 AMEND ITS LAND USE REQUIREMENTS TO PERMIT THE CONSTRUCTION AND OCCUPANCY
 OF RESIDENTIAL HOUSING WITH AN AGGREGATE DENSITY OF AT LEAST TWENTY-FIVE
 RESIDENTIAL DWELLING UNITS PER ACRE IN  AN  AREA  THAT,  PRIOR  TO  SUCH
 AMENDMENT, PERMITTED ONLY COMMERCIAL USE.
   A. SUCH LAND USE ACTION MUST ENCOMPASS AN AREA OF AT LEAST ONE HUNDRED
 ACRES.
   B.  SUCH  LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT MAKES THE
 DEVELOPMENT OF RESIDENTIAL HOUSING ECONOMICALLY  INFEASIBLE,  INCLUDING,
 BUT  NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD OR
 OPEN SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR MAXIMUM UNIT  SIZE
 LIMITS,  OR  RESTRICTIONS  ON  THE TOTAL NUMBER OF PERMITTED RESIDENTIAL
 DWELLING UNITS WITHIN A RESIDENTIAL HOUSING PROJECT BASED ON LOT SIZE OR
 OTHER CRITERIA OTHER THAN THE AGGREGATE DENSITY.
   C. SUCH LAND USE ACTION SHALL PERMIT COMMERCIAL USES ON  A  REASONABLE
 PERCENTAGE OF THE LOTS IMPACTED BY THE AMENDMENT WITH THE GOAL OF GRANT-
 ING  RESIDENTS  ACCESS  TO AMENITIES, GOODS, AND SERVICES WITHIN WALKING
 DISTANCE OF THEIR RESIDENCES.
   (II) ANY AMENDMENT UNDERTAKEN PURSUANT  TO  THIS  PARAGRAPH  SHALL  BE
 EXEMPT  FROM  ANY  ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE
 EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW  AND  ANY  RULES  AND  REGU-
 LATIONS  PROMULGATED  PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
 LOCAL LAW, REGULATION OR RULE TO  ARTICLE  EIGHT  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU-
 LATION GREATER THAN  ONE  MILLION  PEOPLE,  CITY  ENVIRONMENTAL  QUALITY
 REVIEW.
   (III)  ANY  PROPOSED  PROJECT  THAT  PROVIDES  RESIDENTIAL HOUSING AND
 COMPLIES WITH LAND USE REQUIREMENTS, AFTER SUCH  LAND  USE  REQUIREMENTS
 HAVE  BEEN  AMENDED  PURSUANT  TO  THIS  PARAGRAPH, SHALL BE EXEMPT FROM
 REVIEW REQUIREMENTS PURSUANT  TO  ARTICLE  EIGHT  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW  AND  ANY  RULES  AND REGULATIONS PROMULGATED PURSUANT
 THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR  RULE
 TO  ARTICLE  EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT
 NOT LIMITED TO, IN A CITY WITH A POPULATION  GREATER  THAN  ONE  MILLION
 PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW.
 S. 4006                            53                            A. 3006
 
   (IV)  ANY  PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND COMPLIES WITH
 APPLICABLE LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS  HAVE
 BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE BUILDABLE AS OF RIGHT,
 AND ANY PROJECT SPECIFIC REVIEW RELATING TO SUCH PROJECT SHALL:
   A. BE COMPLETED WITH WRITTEN APPROVAL OR DENIAL BEING DELIVERED TO THE
 APPLYING  PARTY  WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING
 SUBMITTED; AND
   B. BE LIMITED TO A REVIEW OF THE FOLLOWING:
   (1) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE  DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
   (2)  THE  CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   (3) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
 IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF  NO  OBJEC-
 TIVE  STANDARDS  ARE  PUBLISHED, NO PROJECT SPECIFIC REVIEW MAY CONSIDER
 AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE
 THE COST OF A PROJECT TO MAKE  SUCH  PROJECT  AS  PROPOSED  ECONOMICALLY
 INFEASIBLE.
   C.  UNLESS SPECIFICALLY SET FORTH BY THIS PARAGRAPH, NOTHING SET FORTH
 IN THIS SUBPARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE
 ANY PERMITTING REQUIRED PURSUANT TO  STATE  OR  FEDERAL  LAWS  OR  REGU-
 LATIONS.
   §  1004.  LOCAL PROCEDURES OUTSIDE OF SAFE HARBOR/GENERAL APPEAL PROC-
 ESS. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, WHEN A LOCALITY
 IS NOT IN SAFE HARBOR:
   1. AN APPLICANT MAY PROPOSE A QUALIFYING  PROJECT  TO  A  LEAD  AGENCY
 EQUIVALENT,  REGARDLESS  OF WHETHER THE QUALIFYING PROJECT COMPLIES WITH
 THE LAND USE REQUIREMENTS APPLICABLE TO THE SITE  WHERE  THE  QUALIFYING
 PROJECT  IS  PROPOSED.  NO  LEAD AGENCY EQUIVALENT MAY REJECT A PROPOSED
 QUALIFYING PROJECT DUE TO SUCH PROJECT FAILING TO COMPLY WITH  THE  LAND
 USE  REQUIREMENTS  ON THE SITE WHERE THE QUALIFYING PROJECT IS PROPOSED,
 UNLESS SUCH QUALIFYING PROJECT IS NOT LOCATED  ON  PREVIOUSLY  DISTURBED
 LAND.
   2. THE LEAD AGENCY EQUIVALENT MUST APPROVE OR DENY THE APPLICATION FOR
 THE  QUALIFYING  PROJECT  WITHIN ONE HUNDRED TWENTY DAYS IF THE PROPOSED
 QUALIFYING PROJECT CONTAINS AT LEAST TEN RESIDENTIAL DWELLING UNITS  BUT
 LESS THAN ONE HUNDRED RESIDENTIAL DWELLING UNITS, AND WITHIN ONE HUNDRED
 EIGHTY  DAYS  IF THE PROPOSED QUALIFYING PROJECT CONTAINS ONE HUNDRED OR
 MORE RESIDENTIAL DWELLING UNITS. FAILURE TO APPROVE OR DENY AN  APPLICA-
 TION  WITHIN  THE  TIME  PERIODS  SPECIFIED IN THIS SUBDIVISION SHALL BE
 DEEMED TO BE A CONSTRUCTIVE DENIAL, PROVIDED FURTHER THAT THE IMPOSITION
 OF CONDITIONS ON THE PROJECT BY THE LEAD AGENCY EQUIVALENT  THAT  RENDER
 THE PROJECT ECONOMICALLY INFEASIBLE SHALL BE DEEMED TO BE A CONSTRUCTIVE
 DENIAL,  AND  SUBJECT  TO  APPEAL  PURSUANT TO THIS SECTION, SECTION ONE
 THOUSAND FIVE OR SECTION ONE THOUSAND SIX OF THIS ARTICLE.
   3. ANY PROJECT  SPECIFIC  REVIEW  RELATED  TO  A  PROPOSED  QUALIFYING
 PROJECT  SHALL  BE  EXEMPT  FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE
 EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW  AND  ANY  RULES  AND  REGU-
 LATIONS  PROMULGATED  PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
 LOCAL LAW, REGULATION OR RULE TO  ARTICLE  EIGHT  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL  QUALITY  REVIEW,  AND
 SHALL BE LIMITED TO A REVIEW OF THE FOLLOWING:
   A.  THE  CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
 S. 4006                            54                            A. 3006
 
   B. THE CAPACITY OF LOCAL INFRASTRUCTURE TO  PROVIDE  ADEQUATE  UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   C. THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHETIC
 REVIEW  MUST  BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJECTIVE
 STANDARDS  ARE  PUBLISHED,  NO  PROJECT  SPECIFIC  REVIEW  MAY  CONSIDER
 AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE
 THE  COST  OF  A  PROJECT  TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY
 INFEASIBLE.
   NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE INTERPRETED TO OVERRIDE
 OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR  FEDERAL
 LAWS OR REGULATIONS, UNLESS SPECIFICALLY SET FORTH IN THIS ARTICLE.
   4.  ANY  DENIAL  OF AN APPLICATION MUST BE ACCOMPANIED BY THE SPECIFIC
 REASONS FOR THE DENIAL SET FORTH IN WRITING.
   5. WHEN AN APPLICANT IS DENIED PERMISSION TO PROCEED WITH A QUALIFYING
 PROJECT, THE APPLICANT MAY FILE AN APPEAL  OF  THE  DENIAL  PURSUANT  TO
 SECTION  ONE  THOUSAND  FIVE  OR ONE THOUSAND SIX OF THIS ARTICLE WITHIN
 SIXTY DAYS OF THE DENIAL. AN APPLICANT MAY ONLY FILE ONE SUCH APPEAL PER
 QUALIFYING PROJECT AND MAY ONLY FILE  EITHER  PURSUANT  TO  SECTION  ONE
 THOUSAND FIVE OR ONE THOUSAND SIX.
   §  1005.  HOUSING REVIEW BOARD. 1. STRUCTURE AND POWERS OF THE HOUSING
 REVIEW BOARD.
   A. THERE IS HEREBY ESTABLISHED, WITHIN THE DIVISION, A HOUSING  REVIEW
 BOARD, TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
   B.  THE  HOUSING  REVIEW  BOARD  SHALL CONSIST OF FIVE MEMBERS.  THREE
 MEMBERS SHALL  BE  APPOINTED  BY  THE  GOVERNOR,  ONE  MEMBER  SHALL  BE
 APPOINTED  BY  THE  SPEAKER  OF  THE  ASSEMBLY,  AND ONE MEMBER SHALL BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE.  THE  BOARD  MEMBERS
 SHALL  SERVE  FIVE YEAR TERMS, AND SHALL ONLY BE RELIEVED FOR CAUSE. ANY
 VACANCIES ON THE BOARD SHALL BE FILLED WITHIN A REASONABLE  TIME  PERIOD
 BY  THE OFFICIAL WHO APPOINTED THE BOARD MEMBER WHOSE ABSENCE HAS CAUSED
 THE VACANCY.
   C. THE HOUSING REVIEW BOARD SHALL HAVE THE POWER AND DUTIES TO CONDUCT
 HEARINGS, TAKE OATHS, ISSUE ORDERS, AND OTHERWISE PERFORM  ANY  FUNCTION
 NECESSARY  TO OPERATE IN CONFORMITY WITH THE PROVISIONS OF THIS ARTICLE.
 THE POWERS OF THE HOUSING REVIEW BOARD SHALL INCLUDE, BUT NOT BE LIMITED
 TO, THE POWERS GRANTED TO THE COMMISSIONER OF HOUSING BY SUBDIVISION ONE
 OF SECTION FOURTEEN OF THE PUBLIC HOUSING LAW, AND THE STATUTES,  RULES,
 REGULATIONS  AND OTHER DOCUMENTS GOVERNING THE ADMINISTRATION OF HOUSING
 BY THE DIVISION OF HOMES AND COMMUNITY RENEWAL.
   D. THE DIVISION SHALL PROVIDE ANY ADMINISTRATIVE  AND  STAFF  SUPPORT,
 INCLUDING, BUT NOT LIMITED TO, ADMINISTRATIVE LAW JUDGES, TO THE HOUSING
 REVIEW   BOARD   NECESSARY  FOR  THE  EFFECTIVE  IMPLEMENTATION  OF  THE
 PROVISIONS OF THIS ARTICLE.
   E. IF THE DIVISION DETERMINES THAT A LOCALITY DOES OR DOES NOT QUALIFY
 FOR SAFE HARBOR, THE HOUSING REVIEW  BOARD,  OR  ANY  COURT  HEARING  AN
 APPEAL  RELATED TO SUCH LOCALITY SHALL TAKE JUDICIAL NOTICE OF THE DIVI-
 SION'S DETERMINATION. IF THE DIVISION HAS NOT ISSUED A DETERMINATION  AS
 TO  WHETHER  A  LOCALITY IS IN SAFE HARBOR BASED ON THE THREE-YEAR CYCLE
 THAT WAS COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE,
 AND SUCH A DETERMINATION IS NECESSARY TO ADJUDICATE AN APPEAL BEFORE THE
 HOUSING REVIEW BOARD OR A COURT, SUCH HOUSING REVIEW BOARD OR COURT  MAY
 MAKE  SUCH  A DETERMINATION THAT APPLIES ONLY TO THE APPLICATION PENDING
 BEFORE THE HOUSING REVIEW BOARD OR THE COURT, PROVIDED FURTHER, HOWEVER,
 THAT IF THE HOUSING REVIEW BOARD OR A COURT MAKES A DETERMINATION THAT A
 LOCALITY IS IN  SAFE  HARBOR  AS  A  RESULT  OF  THE  LOCALITY  ENACTING
 PREFERRED  ACTIONS  PURSUANT TO SUBDIVISION FOUR OF SECTION ONE THOUSAND
 S. 4006                            55                            A. 3006
 
 THREE OF THIS ARTICLE, SUCH DETERMINATION SHALL  BE  APPLIED  TO  FUTURE
 PROCEEDINGS  PURSUANT  TO  THIS  SECTION AND SECTION ONE THOUSAND SIX OF
 THIS ARTICLE FOR THE REMAINDER OF THE THREE-YEAR CYCLE  FOR  WHICH  SUCH
 DETERMINATION WAS MADE. THE DIVISION, AT ITS DISCRETION, MAY TAKE NOTICE
 OF  SUCH  DETERMINATION AND THE FACTS UNDERLYING SUCH DETERMINATION, AND
 ISSUE ITS OWN DETERMINATION AS TO THE APPLICATION OF  SAFE  HARBOR  THAT
 WOULD  BE  APPLIED  TO ALL FURTHER APPEALS RELATING TO SUCH LOCALITY FOR
 THE DURATION THAT SAFE HARBOR APPLIES.
   2. APPEALS BEFORE THE HOUSING REVIEW BOARD. A.  BEGINNING  ON  JANUARY
 FIRST, TWO THOUSAND TWENTY-SEVEN, ANY APPLICANT WHOSE APPLICATION RELAT-
 ING  TO  A  QUALIFYING PROJECT IS DENIED BY A LEAD AGENCY EQUIVALENT MAY
 APPEAL SUCH DENIAL TO THE HOUSING REVIEW BOARD WITHIN SIXTY DAYS OF  THE
 ISSUANCE OF THE DENIAL.
   B.  IF  AN  APPEAL  IS BROUGHT BEFORE THE HOUSING REVIEW BOARD AND THE
 DIVISION HAS ALREADY DETERMINED THAT THE LOCALITY AT ISSUE  IS  IN  SAFE
 HARBOR  FOR  THE  APPLICABLE  THREE-YEAR CYCLE, THEN THE APPEAL SHALL BE
 DENIED AND THE DETERMINATION BY THE  LEAD  AGENCY  EQUIVALENT  SHALL  BE
 MAINTAINED. IF NO DETERMINATION HAS BEEN MADE AS TO WHETHER THE LOCALITY
 IS IN SAFE HARBOR, THE HOUSING REVIEW BOARD SHALL DETERMINE AS A THRESH-
 OLD ISSUE WHETHER SUCH LOCALITY IS IN SAFE HARBOR.
   C. IF A LOCALITY IS FOUND TO NOT BE IN SAFE HARBOR, THE HOUSING REVIEW
 BOARD  SHALL  ISSUE A DETERMINATION AS TO WHETHER THE LEAD AGENCY EQUIV-
 ALENT PROPERLY DENIED THE APPLICATION AT ISSUE IN THE APPEAL PURSUANT TO
 THE REQUIREMENTS SET FORTH IN SECTION ONE THOUSAND FOUR OF THIS ARTICLE.
   D. IN ISSUING A DETERMINATION, THE HOUSING REVIEW BOARD MAY:
   (I) REMAND THE PROCEEDING TO THE LEAD  AGENCY  EQUIVALENT  AND  DIRECT
 SUCH  LEAD AGENCY EQUIVALENT TO ISSUE A COMPREHENSIVE PERMIT OR APPROVAL
 TO THE APPLICANT;
   (II) DENY THE APPEAL AND UPHOLD THE LEAD AGENCY EQUIVALENT'S DENIAL OF
 THE APPLICATION; OR
   (III) REMAND THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT  AND  DIRECT
 SUCH  LEAD  AGENCY  EQUIVALENT TO CONSIDER THE APPLICATION AS AMENDED TO
 ADDRESS ANY LEGITIMATE CONCERNS RAISED BY THE  LEAD  AGENCY  EQUIVALENT.
 THE  HOUSING  REVIEW  BOARD  MAY REQUIRE THAT THE LEAD AGENCY EQUIVALENT
 CONSIDER ANY SUCH AMENDED APPLICATION ON AN EXPEDITED BASIS.
   E. IN CONSIDERING THE DENIAL OF AN  APPLICATION,  THE  HOUSING  REVIEW
 BOARD  MAY  ONLY  CONSIDER  THE REASONS FOR THE DENIAL GIVEN BY THE LEAD
 AGENCY EQUIVALENT AT THE TIME THE APPLICATION WAS DENIED.
   F. ONCE A DETERMINATION HAS BEEN ISSUED BY THE HOUSING  REVIEW  BOARD,
 SUCH  DETERMINATION  MAY BE APPEALED WITHIN SIXTY DAYS TO AN ADMINISTRA-
 TIVE LAW JUDGE DESIGNATED TO HEAR SUCH MATTERS. ANY DETERMINATION ISSUED
 BY AN ADMINISTRATIVE LAW JUDGE SHALL BE CONSIDERED TO BE A FINAL  AGENCY
 DETERMINATION  AND  MAY BE APPEALED PURSUANT TO ARTICLE SEVENTY-EIGHT OF
 THE CIVIL PRACTICE LAW AND RULES.
   3. BURDEN OF PROOF BEFORE THE HOUSING REVIEW BOARD. A.  (I)  DURING  A
 PROCEEDING  BEFORE  THE  HOUSING REVIEW BOARD, THE LOCALITY WHICH DENIED
 THE PERMIT FOR THE QUALIFYING PROJECT SHALL INITIALLY CARRY  THE  BURDEN
 OF  PROOF TO DEMONSTRATE, BASED UPON CLEAR AND CONVINCING EVIDENCE, THAT
 THE PERMIT WAS PROPERLY DENIED PURSUANT TO ONE OR MORE  OF  THE  REASONS
 SET  FORTH  IN  SUBDIVISION  THREE  OF SECTION ONE THOUSAND FOUR OF THIS
 ARTICLE, THAT THE LOCALITY IS IN SAFE HARBOR, OR  THAT  THE  PROJECT  AT
 ISSUE IS NOT A QUALIFYING PROJECT.
   (II)  NOTWITHSTANDING  ANY OTHER PROVISION IN THIS ARTICLE, A LOCALITY
 THAT IS NOT IN SAFE HARBOR MAY RAISE AS AN AFFIRMATIVE DEFENSE THAT  THE
 AMOUNT  OF  ELIGIBLE RESIDENTIAL DWELLING UNITS, AS WEIGHTED PURSUANT TO
 SUBDIVISION THREE  OF  SECTION  ONE  THOUSAND  THREE  OF  THIS  ARTICLE,
 S. 4006                            56                            A. 3006
 
 CONSTRUCTED  IN  THE THREE-YEAR CYCLE DURING WHICH THE APPEAL WAS FILED,
 COMBINED  WITH  THE  AMOUNT  OF  ELIGIBLE  RESIDENTIAL  DWELLING   UNITS
 CONSTRUCTED  IN  THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE CYCLE IN
 WHICH THE APPEAL WAS FILED, CONSTITUTE AN AMOUNT OF ELIGIBLE RESIDENTIAL
 DWELLING  UNITS  TO  QUALIFY THE LOCALITY FOR SAFE HARBOR FOR THE THREE-
 YEAR CYCLE IN WHICH THE APPEAL WAS FILED.  PROVIDED, FURTHER THAT ELIGI-
 BLE RESIDENTIAL DWELLING UNITS SHALL ONLY BE CREDITED FOR ONE THREE-YEAR
 CYCLE, REGARDLESS OF WHEN SUCH DWELLING UNITS WERE PERMITTED  OR  BUILT.
 SUCH  DEFENSE MUST BE DEMONSTRATED BY CLEAR AND CONVINCING EVIDENCE, AND
 MUST BE SUBSTANTIATED  BY  DOCUMENTATION  SUCH  AS  TEMPORARY  OR  FINAL
 CERTIFICATES  OF  OCCUPANCY  FOR  THE HOUSING. IF THE LOCALITY MEETS THE
 BURDEN SET FORTH IN THIS PARAGRAPH, UNLESS  THE  APPLICANT  SUCCESSFULLY
 REBUTS  THE  EVIDENCE  OR REASONS FOR REJECTION PROVIDED BY THE LOCALITY
 PURSUANT TO PARAGRAPH B OF THIS  SUBDIVISION,  SUCH  LOCALITY  SHALL  BE
 DEEMED TO BE IN SAFE HARBOR FOR THE REMAINDER OF THE THREE-YEAR CYCLE IN
 EFFECT  AT THE TIME THE APPEAL WAS FILED, EFFECTIVE THE DATE SUCH DETER-
 MINATION IS MADE.
   B. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN PARAGRAPH A  OF  THIS
 SUBDIVISION,  THE  APPLICANT  SHALL BE GIVEN AN OPPORTUNITY TO REBUT THE
 EVIDENCE AND REASONS FOR REJECTION PROVIDED BY THE LOCALITY.
   C. IF THE DIVISION ISSUES A DETERMINATION AS TO WHETHER A LOCALITY  IS
 IN  SAFE  HARBOR, THE HOUSING REVIEW BOARD AND ADMINISTRATIVE LAW JUDGES
 SHALL TAKE NOTICE OF SUCH DETERMINATION. IF NO  SUCH  DETERMINATION  HAS
 BEEN ISSUED BY THE DIVISION, EXCEPT AS PROVIDED IN PARAGRAPH E OF SUBDI-
 VISION  ONE OF THIS SECTION, THE HOUSING REVIEW BOARD AND ADMINISTRATIVE
 LAW JUDGES MAY MAKE A DETERMINATION AS TO WHETHER A LOCALITY IS IN  SAFE
 HARBOR,  BASED  ON  THE  THREE-YEAR CYCLE THAT WAS COMPLETED IMMEDIATELY
 PRIOR TO THE APPLICABLE THREE-YEAR CYCLE, SOLELY  FOR  THE  PURPOSES  OF
 ISSUING A DETERMINATION REGARDING THE APPLICATION THAT IS THE SUBJECT OF
 THE APPEAL BEING CONSIDERED.
   4.  COSTS  SHALL  NOT  BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE
 OFFICER OR OFFICERS WHOSE FAILURE OR REFUSAL GAVE RISE  TO  THE  SPECIAL
 PROCEEDING,  UNLESS  IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERN-
 MENT AND ITS OFFICERS ACTED WITH GROSS NEGLIGENCE OR  IN  BAD  FAITH  OR
 WITH MALICE.
   §  1006.  LAND  USE APPEALS BEFORE THE SUPREME COURT. 1. JUDGES OF THE
 SUPREME COURT THAT ARE SPECIALLY DESIGNATED AS LAND USE  JUDGES  BY  THE
 CHIEF  ADMINISTRATOR  OF  THE  COURTS SHALL HEAR LAND USE APPEALS.  SUCH
 JUDGES SHALL BE SELECTED FROM A LIST OF QUALIFIED CANDIDATES AS  CREATED
 BY  THE  LAND  USE ADVISORY COUNCIL.  ONLY SUCH LAND USE JUDGES SHALL BE
 EMPOWERED TO ADJUDICATE LAND USE APPEALS PURSUANT TO THIS SECTION  ARIS-
 ING  ANYWHERE  IN  THE  STATE OF NEW YORK, REGARDLESS OF WHAT COUNTY THE
 JUDGE SERVES IN OVER THE COURSE OF THEIR NORMAL DUTIES.
   2. THERE SHALL BE ESTABLISHED A LAND USE ADVISORY  COUNCIL.    A.  THE
 LAND  USE  ADVISORY  COUNCIL  SHALL  BE  COMPOSED OF FIVE MEMBERS. THREE
 MEMBERS SHALL  BE  APPOINTED  BY  THE  GOVERNOR,  ONE  MEMBER  SHALL  BE
 APPOINTED  BY  THE  SPEAKER  OF  THE  ASSEMBLY,  AND ONE MEMBER SHALL BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE.  THE  MEMBERS  SHALL
 SERVE  FIVE YEAR TERMS, AND SHALL ONLY BE RELIEVED FOR CAUSE. ANY VACAN-
 CIES ON THE COUNCIL SHALL BE FILLED WITHIN A REASONABLE TIME  PERIOD  BY
 THE  OFFICIAL  WHO  APPOINTED  THE  MEMBER  WHOSE ABSENCE HAS CAUSED THE
 VACANCY.
   B. THE LAND USE ADVISORY COUNCIL SHALL MEET  AT  LEAST  FOUR  TIMES  A
 YEAR,  AND ON SUCH ADDITIONAL OCCASIONS AS THEY MAY REQUIRE OR AS MAY BE
 REQUIRED BY THE ADMINISTRATIVE JUDGE. MEMBERS SHALL RECEIVE  NO  COMPEN-
 SATION.
 S. 4006                            57                            A. 3006
 
   C. THE LAND USE ADVISORY COUNCIL SHALL PUBLISH A LIST OF SUPREME COURT
 JUDGES  QUALIFIED TO HEAR LAND USE APPEALS BASED ON TRAINING, EXPERIENCE
 AND JUDICIAL TEMPERAMENT.
   3. APPEALS BEFORE A LAND USE JUDGE. A. BEGINNING ON JANUARY FIRST, TWO
 THOUSAND  TWENTY-SEVEN,  ANY  APPLICANT  WHOSE  APPLICATION RELATED TO A
 QUALIFYING PROJECT IS DENIED BY A LEAD AGENCY EQUIVALENT MAY APPEAL SUCH
 DENIAL BEFORE A LAND USE JUDGE DESIGNATED PURSUANT TO  THIS  SECTION  IN
 SUPREME COURT. THE APPLICANT SHALL CHOOSE THE FORUM IN WHICH TO FILE THE
 APPEAL.
   B. IF AN APPEAL IS BROUGHT BEFORE SUCH LAND USE JUDGE AND THE DIVISION
 HAS  ALREADY DETERMINED THAT THE LOCALITY AT ISSUE IS IN SAFE HARBOR FOR
 THE APPLICABLE THREE-YEAR CYCLE, THEN THE APPEAL SHALL BE DENIED AND THE
 DETERMINATION BY THE LEAD AGENCY EQUIVALENT SHALL BE MAINTAINED.  IF  NO
 DETERMINATION  HAS  BEEN  MADE  AS  TO  WHETHER  THE LOCALITY IS IN SAFE
 HARBOR, SUCH LAND USE JUDGE SHALL DETERMINE AS A THRESHOLD ISSUE WHETHER
 SUCH LOCALITY IS IN SAFE HARBOR BASED ON THE THREE-YEAR CYCLE  THAT  WAS
 COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE.
   C.  IF  A  LOCALITY  IS  FOUND TO NOT BE IN SAFE HARBOR, SUCH LAND USE
 JUDGE SHALL ISSUE A DETERMINATION AS TO WHETHER THE LEAD  AGENCY  EQUIV-
 ALENT PROPERLY DENIED THE APPLICATION AT ISSUE IN THE APPEAL PURSUANT TO
 THE REQUIREMENTS SET FORTH IN SECTION ONE THOUSAND FOUR OF THIS ARTICLE.
   D. IN ISSUING A DETERMINATION, SUCH LAND USE JUDGE MAY:
   (I)  REMAND  THE  PROCEEDING  TO THE LEAD AGENCY EQUIVALENT AND DIRECT
 SUCH LEAD AGENCY EQUIVALENT TO ISSUE A COMPREHENSIVE PERMIT OR  APPROVAL
 TO THE APPLICANT;
   (II) DENY THE APPEAL AND UPHOLD THE LEAD AGENCY EQUIVALENT'S DENIAL OF
 THE APPLICATION; OR
   (III)  REMAND  THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT
 SUCH LEAD AGENCY EQUIVALENT TO CONSIDER THE APPLICATION  AS  AMENDED  TO
 ADDRESS  ANY  LEGITIMATE  CONCERNS RAISED BY THE LEAD AGENCY EQUIVALENT.
 SUCH LAND USE JUDGE MAY REQUIRE THAT THE LEAD AGENCY EQUIVALENT CONSIDER
 ANY SUCH AMENDED APPLICATION ON AN EXPEDITED BASIS.
   E. IN CONSIDERING THE DENIAL OF AN APPLICATION, SUCH  LAND  USE  JUDGE
 MAY  ONLY  CONSIDER  THE REASONS FOR THE DENIAL GIVEN BY THE LEAD AGENCY
 EQUIVALENT AT THE TIME THE APPLICATION WAS DENIED.
   4. BURDEN OF PROOF BEFORE A COURT. A. (I) DURING A PROCEEDING BEFORE A
 LAND USE JUDGE DESIGNATED PURSUANT TO THIS SECTION, THE  LOCALITY  WHICH
 DENIED  THE  PERMIT FOR THE QUALIFYING PROJECT SHALL INITIALLY CARRY THE
 BURDEN  OF  PROOF  TO  DEMONSTRATE,  BASED  UPON  CLEAR  AND  CONVINCING
 EVIDENCE,  THAT THE PERMITS WERE PROPERLY DENIED PURSUANT TO ONE OR MORE
 OF THE REASONS SET FORTH IN SUBDIVISION THREE OF  SECTION  ONE  THOUSAND
 FOUR  OF  THIS ARTICLE, THAT THE LOCALITY IS IN SAFE HARBOR, OR THAT THE
 PROJECT AT ISSUE IS NOT A QUALIFYING PROJECT.
   (II) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE,  A  LOCALITY
 THAT  IS NOT IN SAFE HARBOR MAY RAISE AS AN AFFIRMATIVE DEFENSE THAT THE
 AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS, AS WEIGHTED  PURSUANT  TO
 SUBDIVISION  THREE  OF  SECTION  ONE  THOUSAND  THREE  OF  THIS ARTICLE,
 CONSTRUCTED IN THE THREE-YEAR CYCLE DURING WHICH THE APPEAL  WAS  FILED,
 COMBINED   WITH  THE  AMOUNT  OF  ELIGIBLE  RESIDENTIAL  DWELLING  UNITS
 CONSTRUCTED IN THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE  CYCLE  IN
 WHICH THE APPEAL WAS FILED, CONSTITUTE AN AMOUNT OF ELIGIBLE RESIDENTIAL
 DWELLING  UNITS  NEEDED  TO QUALIFY THE LOCALITY FOR SAFE HARBOR FOR THE
 THREE-YEAR CYCLE IN WHICH THE APPEAL WAS FILED. PROVIDED, FURTHER,  THAT
 ELIGIBLE  RESIDENTIAL  DWELLING  UNITS  SHALL  ONLY  BE CREDITED FOR ONE
 THREE-YEAR CYCLE, REGARDLESS OF WHEN SUCH DWELLING UNITS WERE  PERMITTED
 OR  BUILT.    SUCH  DEFENSE MUST BE DEMONSTRATED BY CLEAR AND CONVINCING
 S. 4006                            58                            A. 3006
 
 EVIDENCE, AND MUST BE SUBSTANTIATED BY DOCUMENTATION SUCH  AS  TEMPORARY
 OR  FINAL  CERTIFICATES  OF  OCCUPANCY  FOR THE HOUSING. IF THE LOCALITY
 MEETS THE BURDEN SET FORTH  IN  THIS  PARAGRAPH,  UNLESS  THE  APPLICANT
 SUCCESSFULLY  REBUTS  THE  EVIDENCE OR REASONS FOR REJECTION PROVIDED BY
 THE LOCALITY PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION, SUCH  LOCALITY
 SHALL BE DEEMED TO BE IN SAFE HARBOR FOR THE REMAINDER OF THE THREE-YEAR
 CYCLE  IN  EFFECT  AT  THE TIME THE APPEAL WAS FILED, EFFECTIVE THE DATE
 SUCH DETERMINATION IS MADE.
   B. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN PARAGRAPH A  OF  THIS
 SUBDIVISION,  THE  APPLICANT  SHALL BE GIVEN AN OPPORTUNITY TO REBUT THE
 EVIDENCE AND REASONS FOR REJECTION PROVIDED BY THE LOCALITY.
   C. IF THE DIVISION ISSUES A DETERMINATION AS TO WHETHER A LOCALITY  IS
 IN  SAFE  HARBOR, SUCH LAND USE JUDGE SHALL TAKE NOTICE OF SUCH DETERMI-
 NATION. IF NO SUCH DETERMINATION HAS BEEN ISSUED BY THE DIVISION, EXCEPT
 AS PROVIDED IN PARAGRAPH E OF SUBDIVISION ONE OF  SECTION  ONE  THOUSAND
 FIVE OF THIS ARTICLE, SUCH LAND USE JUDGE MAY MAKE A DETERMINATION AS TO
 WHETHER A LOCALITY IS IN SAFE HARBOR, BASED ON THE THREE-YEAR CYCLE THAT
 WAS  COMPLETED  IMMEDIATELY  PRIOR  TO  THE APPLICABLE THREE-YEAR CYCLE,
 SOLELY FOR THE PURPOSES OF ISSUING A DETERMINATION REGARDING THE  APPLI-
 CATION THAT IS THE SUBJECT OF THE APPEAL BEING CONSIDERED.
   5.  ANY  FINAL ORDER ISSUED BY A LAND USE JUDGE DESIGNATED PURSUANT TO
 THIS SECTION SHALL BE APPEALED IN A MANNER  CONSISTENT  WITH  THE  CIVIL
 PRACTICE LAW AND RULES.
   6.  THE  CHIEF  ADMINISTRATOR  OF THE COURT SHALL PROMULGATE RULES AND
 REGULATIONS TO CARRY OUT THE MANDATE OF THIS SECTION.
   7. COSTS SHALL NOT BE ALLOWED AGAINST THE  LOCAL  GOVERNMENT  AND  THE
 OFFICER  OR  OFFICERS  WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL
 PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE  LOCAL  GOVERN-
 MENT  AND  ITS  OFFICERS  ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR
 WITH MALICE.
   8. EMPLOYEES AND AGENTS OF LOCALITIES MAY ONLY BE SUED IN THEIR  OFFI-
 CIAL CAPACITY FOR NON-COMPLIANCE WITH THIS ARTICLE.
   §  3.  Section 14 of the public housing law is amended by adding a new
 subdivision 8 to read as follows:
   8. THE DIVISION SHALL HAVE THE AUTHORITY  TO  PROMULGATE  REGULATIONS,
 RULES AND POLICIES RELATED TO LAND USE BY CITIES, TOWNS, AND VILLAGES AS
 IT RELATES TO THE DEVELOPMENT OF HOUSING, INCLUDING, BUT NOT LIMITED TO,
 THE  ADMINISTRATION  AND  ENFORCEMENT  OF  ARTICLE TWENTY OF THE GENERAL
 MUNICIPAL LAW, THE TRANSIT-ORIENTED DEVELOPMENT ACT OF 2023, AND SECTION
 TWENTY-A OF THE PUBLIC HOUSING LAW.  SUCH  ENFORCEMENT  AUTHORITY  SHALL
 INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE POWERS GRANTED BY SUBDIVISION
 ONE  OF THIS SECTION, IN ADDITION TO THE STATUTES, RULES, REGULATION AND
 OTHER DOCUMENTS REGARDING THE AUTHORITY  OF  THE  DIVISION,  AND,  WHERE
 APPLICABLE,  THE POWER TO ISSUE ORDERS AND ADMINISTER FUNDING AND GRANTS
 TO LOCALITIES TO ASSIST WITH LAND USE PLANNING.
   § 4. Severability. In the event it is determined by a court of  compe-
 tent  jurisdiction that any phrase, clause, part, subdivision, paragraph
 or subsection, or any of the provisions of this article  is  unconstitu-
 tional or otherwise invalid or inoperative, such determination shall not
 affect  the validity or effect of the remaining provisions of this arti-
 cle.
   § 5. This act shall take effect immediately.
 
                                  PART G
 S. 4006                            59                            A. 3006
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "transit-oriented development act of 2023".
   §  2.  Legislative  findings and statement of purpose. The legislature
 hereby finds, determines and declares:
   New York State has a vital interest in reducing harmful greenhouse gas
 emissions. New York State further recognizes that encouraging and facil-
 itating use of rail-based mass transit is a valuable method for reducing
 greenhouse gas emissions. New York State further recognizes that  creat-
 ing  walkable living environments with a variety of housing options near
 rail-based mass transit not only advances the goal  of  encouraging  the
 use  of  rail-based  mass  transit, but also promotes local and regional
 economic development.
   Housing in the state of New York is among the most  expensive  in  the
 nation and housing insecurity remains a problem for many low- and moder-
 ate-income families. The excessive cost of the state's housing supply is
 partially caused by a lack of housing near public transit access points.
 This  lack  of  available  housing  is especially pronounced in well-re-
 sourced municipalities and neighborhoods with  access  to  jobs,  educa-
 tional  resources,  and  health  infrastructure that engender social and
 economic mobility.
   Many local governments do not give adequate attention to  or  planning
 for  the  local and broader regional economic, environmental, and social
 costs of local policies and actions that have the effect  of  stagnating
 or  reducing  the supply of housing, including affordable and supportive
 housing, or how such policies and actions thereby produce threats to the
 public health, safety, and general welfare.
   Increasing the supply of housing in close proximity to  rail  stations
 is  a matter of state concern and critical to promoting housing afforda-
 bility, reducing housing insecurity, driving economic growth,  encourag-
 ing  social  and  economic  mobility,  and  actualizing the goals of the
 Climate Leadership and Community Protection Act.
   A public policy purpose would be  served  and  the  interests  of  the
 people  of  the  state would be advanced by requiring local planning and
 zoning changes that will facilitate the production of multifamily  hous-
 ing in areas near rail stations.
   §  3.  The general city law is amended by adding a new section 20-h to
 read as follows:
   § 20-H. DENSITY OF RESIDENTIAL DWELLINGS  NEAR  TRANSIT  STATIONS.  1.
 DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "AGGREGATE  DENSITY  REQUIREMENT"  SHALL BE DEFINED AS A REQUIRED
 MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND  SHALL  NOT  BE
 INCLUDED  IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE-
 MENT. PROVIDED FURTHER THAT:
   (I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT  ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE;
   (II)  WITHIN  A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE;
   (III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE  REQUIRED
 MINIMUM  AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE;
 AND
   (IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE.
 S. 4006                            60                            A. 3006
 
   (B)  "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE,
 OR ADMINISTRATIVE CHANGE MADE TO A CITY'S LOCAL LAND USE TOOLS  PURSUANT
 TO SUBDIVISION TWO OF THIS SECTION.
   (C)  "ECONOMICALLY  INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT
 BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO  THE  EXTENT  THAT  IT
 MAKES  IT  SUBSTANTIALLY  UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A
 RESIDENTIAL HOUSING PROJECT AND STILL REALIZE  A  REASONABLE  RETURN  IN
 BUILDING  OR  OPERATING  SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE
 RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER.
   (D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND,  CEMETERIES,
 MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS.
   (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN-
 TIFIED  PURSUANT  TO  THE  NEW  YORK STATE OR FEDERAL INTERSTATE HIGHWAY
 SYSTEM.
   (F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY  CITY  OR  COMMON
 COUNCIL  OR  OTHER  LEGISLATIVE BODY OF THE CITY, PLANNING BOARD, ZONING
 BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN-
 DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE,
 OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A  CITY
 WITH  THE  AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR
 AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN.
   (G) "LOCAL LAND USE TOOLS" SHALL BE  ADOPTED  OR  ENACTED  UNDER  THIS
 CHAPTER,  THE  MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER
 LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE  LIMITED  TO  A
 CITY'S:
   (I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
   (II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (III)  SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT
 ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
   (V) SITE PLAN REVIEW  ORDINANCE,  LOCAL  LAWS,  RESOLUTIONS  OR  REGU-
 LATIONS; AND/OR
   (VI)  POLICIES  OR  PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND
 USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR  THE  USE
 AND  OCCUPANCY  OF  LAND,  THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE
 DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT.
   (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS:
   (I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED  AS  AUTHORIZED
 BY  LAW  OR  DEPICTED  ON  ANOTHER  MAP  ADOPTED OR ENACTED BY THE LOCAL
 GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED  FOR  PARK  OR
 RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR
   (II)  ANY  PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE-
 ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   (I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT  CANNOT  BE
 BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED
 TO  MAKE  SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED
 TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS,  COAS-
 TAL  EROSION  HAZARD  AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED
 FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING  OR  OTHER  IMPROVE-
 MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL
 BE CONSIDERED NON-BUILDABLE LAND.
   (J)  "OBJECTIVE  STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE
 NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE  AND
 ARE  UNIFORMLY  VERIFIABLE  BY  REFERENCE  TO  A  PUBLICLY AVAILABLE AND
 UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL-
 S. 4006                            61                            A. 3006
 
 OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF
 A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS.
   (K)  "PROJECT  SPECIFIC  REVIEW"  SHALL  BE  DEFINED  AS ANY REVIEW OR
 APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A  PROPOSED  DEVELOP-
 MENT  OR  AN  APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING,
 BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE  PLAN  REVIEW
 OR SUBDIVISION REVIEW.
   (L)  "QUALIFYING  PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT
 CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL  BE  LOCATED
 WITHIN  A  TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED
 TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS.
   (M) "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES,  DISTRICTS,
 STRUCTURES,  LANDMARKS,  OR  BUILDINGS  LISTED  ON THE STATE REGISTER OF
 HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION.
   (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC-
 TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS
 THE HOME, RESIDENCE OR SLEEPING PLACE  OF  ONE  OR  MORE  HUMAN  BEINGS,
 HOWEVER  THE  TERM  DOES  NOT  INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS
 DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT  IS
 INTENDED TO BE USED ON A SEASONAL BASIS.
   (O)  "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A TRANSIT-
 ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS
 OF THE EFFECTIVE DATE OF THIS SECTION.
   (P) "TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS" IS  THE  PROCESS  BY
 WHICH  ALL  PROJECT  SPECIFIC  REVIEWS IN A TRANSIT-ORIENTED DEVELOPMENT
 ZONE AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS  SECTION
 SHALL BE REVIEWED, WHICH SHALL:
   (I)  BE  COMPLETED  WITH  APPROVAL OR DENIAL DELIVERED TO THE APPLYING
 PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED;
 AND
   (II) BE LIMITED TO A REVIEW OF THE FOLLOWING:
   (A) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE  DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
   (B)  THE  CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   (C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
 IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF  NO  OBJEC-
 TIVE  STANDARDS  ARE  PUBLISHED,  NO TRANSIT-ORIENTED DEVELOPMENT REVIEW
 PROCESS MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO  AESTHETIC
 REQUIREMENTS  SHALL  INCREASE  THE  COST OF A QUALIFYING PROJECT TO MAKE
 SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE.
   ALL PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A  TRANSIT-ORIENTED
 DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW
 REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
 LAW  AND  ANY  RULES  AND REGULATIONS PROMULGATED THERETO, AND ANY LOCAL
 EQUIVALENT LAW, REGULATION OR RULE, INCLUDING, BUT NOT  LIMITED  TO,  IN
 THE  CITY  OF  NEW  YORK,  CITY  ENVIRONMENTAL  QUALITY REVIEW. PROVIDED
 FURTHER THAT NOTHING SET FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO
 OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR
 FEDERAL LAWS OR REGULATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN.
   (Q) "TIER 1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS  ANY  RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT  OPERATED  ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
 ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND  RAIL-
 ROAD,  THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY, THE NEW JERSEY
 TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE  METRO-
 S. 4006                            62                            A. 3006
 
 POLITAN  TRANSPORTATION  AUTHORITY  WHERE ANY PORTION OF SUCH STATION IS
 LOCATED EITHER WITHIN A CITY WITH  A  POPULATION  OF  GREATER  THAN  ONE
 MILLION PEOPLE, OR NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF
 A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED
 ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
   (R)  "TIER  2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST
 BORDER  OF  A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE,
 AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER  TO  SUCH
 RAIL STATION.
   (S)  "TIER  3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED  MORE  THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST
 BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE  MILLION  PEOPLE,
 AS  MEASURED  ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
 RAIL STATION.
   (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS  ANY  RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT  OPERATED  ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
 ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND  RAIL-
 ROAD,  THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY, THE NEW JERSEY
 TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE  METRO-
 POLITAN  TRANSPORTATION  AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS
 LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY  WITH  A
 POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT
 LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
   (U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  1  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE  RADIUS  OF
 ANY  PUBLICLY  ACCESSIBLE  AREAS OF A TIER 2 QUALIFYING TRANSIT STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES  AND  EXITS,
 AND  PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
 ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE  APPURTENANT  TO
 S. 4006                            63                            A. 3006
 
 SUCH  TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
 SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF  THIS
 SECTION.  PROVIDED  FURTHER  THAT  ANY TIER 2 QUALIFYING TRANSIT STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE  RADIUS  OF
 ANY  PUBLICLY  ACCESSIBLE  AREAS OF A TIER 3 QUALIFYING TRANSIT STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES  AND  EXITS,
 AND  PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
 ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE  APPURTENANT  TO
 SUCH  TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
 SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF  THIS
 SECTION.  PROVIDED  FURTHER  THAT  ANY TIER 3 QUALIFYING TRANSIT STATION
 SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED  DEVELOP-
 MENT ZONE.
   (X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  4  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRANS-
 IT ORIENTED DEVELOPMENT ZONE,  A  TIER  2  TRANSIT-ORIENTED  DEVELOPMENT
 ZONE,  A  TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT-
 ORIENTED DEVELOPMENT ZONE, AS APPLICABLE.
   2. AMENDMENT TO LOCAL LAND USE TOOLS. (A)  A  CITY'S  LOCAL  LAND  USE
 TOOLS  SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY REQUIRE-
 MENT ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE  EFFEC-
 TIVE  DATE  OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY REQUIREMENT IS
 PERMITTED PURSUANT TO A CITY'S LOCAL LAND USE  TOOLS  WITHOUT  REQUIRING
 ANY AMENDMENT.
   (B)  ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION SHALL BE EXEMPT FROM ANY  REVIEW  REQUIRED  PURSUANT  TO  ARTICLE
 EIGHT  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW AND ANY RULES AND REGU-
 LATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT  LAW,  REGULATION,
 OR  RULE,  INCLUDING,  BUT NOT LIMITED TO, IN THE CITY OF NEW YORK, CITY
 ENVIRONMENTAL QUALITY REVIEW, PROVIDED FURTHER THAT ANY AMENDMENT TO THE
 PERMISSIBLE USE OF NON-BUILDABLE LAND SHALL BE SUBJECT TO  SUCH  REVIEW,
 AS APPLICABLE.
   (C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION  SHALL  CREATE  OR  OTHERWISE  IMPOSE ANY UNREASONABLE LAWS, RULES,
 REGULATIONS, GUIDELINES OR RESTRICTIONS  THAT  EFFECTIVELY  PREVENT  THE
 CONSTRUCTION  OR  OCCUPATION  OF QUALIFYING PROJECTS, INCLUDING, BUT NOT
 LIMITED  TO,  ANY  SUCH  LAWS,   RULES,   REGULATIONS,   GUIDELINES   OR
 RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR
 AREA RATIOS, OR PARKING REQUIREMENTS.
 S. 4006                            64                            A. 3006
 
   (D)  PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL  SET
 FORTH IN WRITING AND PUBLISH:
   (I)  A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT-
 ORIENTED DEVELOPMENT ZONE;
   (II) A DESCRIPTION OF THE LAND  THAT  IS  EXEMPT  FROM  THE  AGGREGATE
 DENSITY REQUIREMENT;
   (III)  A  DESCRIPTION  OF  ANY  EXEMPT  LAND  THAT  WOULD OTHERWISE BE
 INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE;
   (IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND  USES  WITHIN  THE
 APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT;
   (V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH-
 IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND-
 MENT;
   (VI)  THE  ALLOWABLE  AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
 DENSITY WITHIN THE  APPLICABLE  TRANSIT-ORIENTED  DEVELOPMENT  ZONE,  OF
 RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT;
   (VII)  THE  ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
 DENSITY WITHIN THE  APPLICABLE  TRANSIT-ORIENTED  DEVELOPMENT  ZONE,  OF
 RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT;
   (VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT-
 MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN-
 TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT;
   (IX)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
 SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY
 CONTEMPLATED BY THE AMENDMENT;
   (X) THE EXISTENCE OF SITES CONTAINING  OR  CONTAMINATED  BY  HAZARDOUS
 WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT;
   (XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM-
 PLATED BY THE AMENDMENT; AND
   (XII)  A  SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR  FLOOD
 PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET.
   (E)  IN THE EVENT THAT A CITY FAILS TO FINALIZE THE AMENDMENT PURSUANT
 TO AND WITHIN THE REQUIRED TIME SET  FORTH  IN  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  AND  UNTIL SUCH TIME AS A CITY COMPREHENSIVELY UPDATES ITS
 LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL,
 OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY:
   (I)  ALL  CITIES SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESI-
 DENTIAL DWELLINGS WITH A DENSITY UP  TO  AND  INCLUDING  THE  APPLICABLE
 AGGREGATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE;
   (II)  NO  CITY  SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE
 CONSTRUCTION OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING,  BUT
 NOT  LIMITED  TO,  ANY  SUCH  RESTRICTIONS RELATED TO LOT COVERAGE, OPEN
 SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND
   (III) A PROJECT FOR RESIDENTIAL DWELLINGS, WHICH  WOULD  OTHERWISE  BE
 CLASSIFIED AS A QUALIFYING PROJECT IF A CITY TIMELY ADOPTED AN AMENDMENT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED BY A
 CITY  OR  LEAD AGENCY EQUIVALENT PURSUANT TO A TRANSIT-ORIENTED DEVELOP-
 MENT REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE  VESTED
 UPON  THE  ISSUANCE  OF  A  BUILDING  PERMIT IN THE EVENT A SUBSEQUENTLY
 ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS ARE  CONTRARY  TO
 THE  RIGHTS  GRANTED  FOR  SUCH  PROJECT. SUCH VESTED RIGHTS SHALL EXIST
 WITHOUT THE NEED  FOR  THE  PERMIT  HOLDER  TO  DEMONSTRATE  SUBSTANTIAL
 EXPENDITURE  AND  SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT
 S. 4006                            65                            A. 3006
 
 PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE  LAND
 USE TOOLS.
   3.  TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT
 A CITY FAILS TO FINALIZE  THE  AMENDMENT  PURSUANT  TO  AND  WITHIN  THE
 REQUIRED  TIME  SET  FORTH  IN  PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
 SECTION, AND UNTIL SUCH TIME AS A CITY COMPREHENSIVELY UPDATES ITS LOCAL
 LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF  SUBDIVISION  TWO  OF
 THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFY-
 ING  PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVELOP-
 MENT REVIEW PROCESS.
   (B) AFTER THE FINALIZATION OF THE  AMENDMENT  UNDERTAKEN  PURSUANT  TO
 PARAGRAPH  (A)  OF SUBDIVISION TWO OF THIS SECTION, ANY PROJECT SPECIFIC
 REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSU-
 ANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS.
   4. ENFORCEMENT. (A) (I) THE ATTORNEY GENERAL OF THE STATE OF NEW  YORK
 MAY  COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO COMPEL
 A CITY TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE REQUIRE-
 MENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE CITY FAILS  TO
 DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN.
   (II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF
 THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD
 AGENCY  EQUIVALENT  TO  BUILD A QUALIFYING PROJECT PURSUANT TO PARAGRAPH
 (B) OF SUBDIVISION THREE OF THIS SECTION.
   (B) (I) UPON A FAILURE OF A CITY TO  COMPLY  WITH  THE  DEADLINES  SET
 FORTH  IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY EQUIVALENT'S
 DENIAL OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING  PROJECT
 IN  VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, ANY
 PARTY AGGRIEVED BY ANY SUCH FAILURE OR DENIAL  MAY  COMMENCE  A  SPECIAL
 PROCEEDING  AGAINST  THE  SUBJECT CITY OR LEAD AGENCY EQUIVALENT AND THE
 OFFICERS OF SUCH CITY AND LEAD AGENCY EQUIVALENT IN  THE  SUPREME  COURT
 WITHIN THE JUDICIAL DISTRICT IN WHICH THE CITY OR THE GREATER PORTION OF
 THE  TERRITORY  OF  SUCH  CITY  IS LOCATED TO COMPEL COMPLIANCE WITH THE
 PROVISIONS OF THIS SECTION.
   (II) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO  THE
 COURT  THAT  TESTIMONY  IS  NECESSARY  FOR THE PROPER DISPOSITION OF THE
 MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.   ALTERNA-
 TIVELY,  THE  COURT  MAY  APPOINT  A HEARING OFFICER PURSUANT TO ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH  THE  HEARING  OFFI-
 CER'S  FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
 PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT  SHALL
 BE MADE.
   (III)  THE  CITY  OR LEAD AGENCY EQUIVALENT MUST SET FORTH THE REASONS
 FOR THE DENIAL OF THE APPLICATION AND  MUST  DEMONSTRATE  BY  CLEAR  AND
 CONVINCING  EVIDENCE  THAT THE CITY OR LEAD AGENCY EQUIVALENT DENIED THE
 APPLICATION DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT  TO
 THE  TRANSIT-ORIENTED  DEVELOPMENT REVIEW PROCESS THAT COMPLIES WITH THE
 REQUIREMENTS OF THIS SECTION. IF THE  CITY  OR  LEAD  AGENCY  EQUIVALENT
 MEETS  SUCH  BURDEN,  THE  APPLICANT  SHALL  BE GIVEN THE OPPORTUNITY TO
 DEMONSTRATE THAT THE CONCERNS RAISED BY THE CITY OR LEAD  AGENCY  EQUIV-
 ALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR MITIGATED
 BY CHANGES TO THE QUALIFYING PROJECT.
   (IV)  THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY
 THE DECISION BROUGHT UP FOR REVIEW. THE COURT MAY  ALSO  REMAND  TO  THE
 CITY  OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN APPLI-
 S. 4006                            66                            A. 3006
 
 CATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUDING ON
 AN EXPEDITED BASIS.
   (V)  COSTS  SHALL  NOT BE ALLOWED AGAINST THE CITY, LEAD AGENCY EQUIV-
 ALENT, AND THE OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL
 PROCEEDING, UNLESS IT SHALL APPEAR TO THE  COURT  THAT  THE  CITY,  LEAD
 AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS NEGLI-
 GENCE, IN BAD FAITH, OR WITH MALICE.
   §  4. The town law is amended by adding a new section 261-d to read as
 follows:
   § 261-D. DENSITY OF RESIDENTIAL DWELLINGS NEAR  TRANSIT  STATIONS.  1.
 DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "AGGREGATE  DENSITY  REQUIREMENT"  SHALL BE DEFINED AS A REQUIRED
 MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND  SHALL  NOT  BE
 INCLUDED  IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE-
 MENT. PROVIDED FURTHER THAT:
   (I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT  ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE;
   (II)  WITHIN  A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE;
   (III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE  REQUIRED
 MINIMUM  AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE;
 AND
   (IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE.
   (B)  "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE,
 OR ADMINISTRATIVE CHANGE MADE TO A TOWN'S LOCAL LAND USE TOOLS  PURSUANT
 TO SUBDIVISION TWO OF THIS SECTION.
   (C)  "ECONOMICALLY  INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT
 BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO  THE  EXTENT  THAT  IT
 MAKES  IT  SUBSTANTIALLY  UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A
 RESIDENTIAL HOUSING PROJECT AND STILL REALIZE  A  REASONABLE  RETURN  IN
 BUILDING  OR  OPERATING  SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE
 RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER.
   (D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND,  CEMETERIES,
 MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS.
   (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN-
 TIFIED  PURSUANT  TO  THE  NEW  YORK STATE OR FEDERAL INTERSTATE HIGHWAY
 SYSTEM.
   (F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY  TOWN  OR  COMMON
 COUNCIL  OR  OTHER  LEGISLATIVE BODY OF THE TOWN, PLANNING BOARD, ZONING
 BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN-
 DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE,
 OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A  TOWN
 WITH  THE  AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR
 AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN.
   (G) "LOCAL LAND USE TOOLS" SHALL BE  ADOPTED  OR  ENACTED  UNDER  THIS
 CHAPTER,  THE  MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER
 LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE  LIMITED  TO  A
 TOWN'S:
   (I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
   (II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (III)  SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT
 ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
 S. 4006                            67                            A. 3006
 
   (V) SITE PLAN REVIEW  ORDINANCE,  LOCAL  LAWS,  RESOLUTIONS  OR  REGU-
 LATIONS; AND/OR
   (VI)  POLICIES  OR  PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND
 USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR  THE  USE
 AND  OCCUPANCY  OF  LAND,  THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE
 DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT.
   (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS:
   (I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED  AS  AUTHORIZED
 BY  LAW  OR  DEPICTED  ON  ANOTHER  MAP  ADOPTED OR ENACTED BY THE LOCAL
 GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED  FOR  PARK  OR
 RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR
   (II)  ANY  PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE-
 ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   (I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT  CANNOT  BE
 BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED
 TO  MAKE  SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED
 TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS,  COAS-
 TAL  EROSION  HAZARD  AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED
 FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING  OR  OTHER  IMPROVE-
 MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL
 BE CONSIDERED NON-BUILDABLE LAND.
   (J)  "OBJECTIVE  STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE
 NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE  AND
 ARE  UNIFORMLY  VERIFIABLE  BY  REFERENCE  TO  A  PUBLICLY AVAILABLE AND
 UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL-
 OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF
 A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS.
   (K) "PROJECT SPECIFIC REVIEW"  SHALL  BE  DEFINED  AS  ANY  REVIEW  OR
 APPROVAL  PROCESS  RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP-
 MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER  OF  SITES,  INCLUDING,
 BUT  NOT  LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW
 OR SUBDIVISION REVIEW.
   (L) "QUALIFYING PROJECT" SHALL BE DEFINED AS A PROPOSED  PROJECT  THAT
 CONSISTS  PRIMARILY  OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED
 WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL  BE  CONNECTED
 TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS.
   (M)  "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS,
 STRUCTURES, LANDMARKS, OR BUILDINGS LISTED  ON  THE  STATE  REGISTER  OF
 HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION.
   (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC-
 TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS
 THE  HOME,  RESIDENCE  OR  SLEEPING  PLACE  OF ONE OR MORE HUMAN BEINGS,
 HOWEVER THE TERM DOES NOT INCLUDE ANY  CLASS  B  MULTIPLE  DWELLINGS  AS
 DEFINED  IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS
 INTENDED TO BE USED ON A SEASONAL BASIS.
   (O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A  TRANSIT-
 ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS
 OF THE EFFECTIVE DATE OF THIS SECTION.
   (P)  "TRANSIT-ORIENTED  DEVELOPMENT  REVIEW PROCESS" IS THE PROCESS BY
 WHICH ALL PROJECT SPECIFIC REVIEWS  IN  A  TRANSIT-ORIENTED  DEVELOPMENT
 ZONE  AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION
 SHALL BE REVIEWED, WHICH SHALL:
   (I) BE COMPLETED WITH APPROVAL OR DENIAL  DELIVERED  TO  THE  APPLYING
 PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED;
 AND
   (II) BE LIMITED TO A REVIEW OF THE FOLLOWING:
 S. 4006                            68                            A. 3006
 
   (A)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
   (B)  THE  CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   (C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
 IC REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF  NO  OBJEC-
 TIVE  STANDARDS  ARE  PUBLISHED,  NO TRANSIT-ORIENTED DEVELOPMENT REVIEW
 PROCESS MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO  AESTHETIC
 REQUIREMENTS  SHALL  INCREASE  THE  COST OF A QUALIFYING PROJECT TO MAKE
 SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE.
   ALL PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A  TRANSIT-ORIENTED
 DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW
 REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
 LAW  AND  ANY  RULES  AND REGULATIONS PROMULGATED THERETO, AND ANY LOCAL
 EQUIVALENT LAW, REGULATION OR RULE. PROVIDED FURTHER  THAT  NOTHING  SET
 FORTH  IN  THIS  PARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE
 WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU-
 LATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN.
   (Q) "TIER 1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS  ANY  RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT  OPERATED  ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
 ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND  RAIL-
 ROAD,  THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY, THE NEW JERSEY
 TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE  METRO-
 POLITAN  TRANSPORTATION  AUTHORITY  WHERE ANY PORTION OF SUCH STATION IS
 LOCATED EITHER WITHIN A TOWN WITH  A  POPULATION  OF  GREATER  THAN  ONE
 MILLION PEOPLE, OR NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF
 A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED
 ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
   (R)  "TIER  2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST
 BORDER  OF  A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE,
 AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER  TO  SUCH
 RAIL STATION.
   (S)  "TIER  3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED  MORE  THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST
 BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE  MILLION  PEOPLE,
 AS  MEASURED  ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
 RAIL STATION.
   (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS  ANY  RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT  OPERATED  ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
 ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND  RAIL-
 ROAD,  THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY, THE NEW JERSEY
 S. 4006                            69                            A. 3006
 
 TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE  METRO-
 POLITAN  TRANSPORTATION  AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS
 LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY  WITH  A
 POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT
 LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
   (U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  1  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE  RADIUS  OF
 ANY  PUBLICLY  ACCESSIBLE  AREAS OF A TIER 2 QUALIFYING TRANSIT STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES  AND  EXITS,
 AND  PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
 ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE  APPURTENANT  TO
 SUCH  TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
 SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF  THIS
 SECTION.  PROVIDED  FURTHER  THAT  ANY TIER 2 QUALIFYING TRANSIT STATION
 SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED  DEVELOP-
 MENT ZONE.
   (W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  3  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE  RADIUS  OF
 ANY  PUBLICLY  ACCESSIBLE  AREAS OF A TIER 4 QUALIFYING TRANSIT STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES  AND  EXITS,
 AND  PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
 ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE  APPURTENANT  TO
 SUCH  TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
 SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF  THIS
 SECTION.  PROVIDED  FURTHER  THAT  ANY TIER 4 QUALIFYING TRANSIT STATION
 SHALL BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED  DEVELOP-
 MENT ZONE.
   (Y)  "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE, A  TIER  2  TRANSIT-ORIENTED  DEVELOPMENT
 S. 4006                            70                            A. 3006
 
 ZONE,  A  TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT-
 ORIENTED DEVELOPMENT ZONE, AS APPLICABLE.
   2.  AMENDMENT  TO  LOCAL  LAND  USE TOOLS. (A) A TOWN'S LOCAL LAND USE
 TOOLS SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY  REQUIRE-
 MENT  ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE EFFEC-
 TIVE DATE OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY  REQUIREMENT  IS
 PERMITTED  PURSUANT  TO  A TOWN'S LOCAL LAND USE TOOLS WITHOUT REQUIRING
 ANY AMENDMENT.
   (B) ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS  SUBDI-
 VISION  SHALL  BE  EXEMPT  FROM  ANY REVIEW REQUIRED PURSUANT TO ARTICLE
 EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW  AND  ANY  RULES  AND  REGU-
 LATIONS  PROMULGATED  THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION,
 OR RULE, PROVIDED FURTHER THAT ANY AMENDMENT TO THE PERMISSIBLE  USE  OF
 NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW, AS APPLICABLE.
   (C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION  SHALL  CREATE  OR  OTHERWISE  IMPOSE ANY UNREASONABLE LAWS, RULES,
 REGULATIONS, GUIDELINES OR RESTRICTIONS  THAT  EFFECTIVELY  PREVENT  THE
 CONSTRUCTION  OR  OCCUPATION  OF QUALIFYING PROJECTS, INCLUDING, BUT NOT
 LIMITED  TO,  ANY  SUCH  LAWS,   RULES,   REGULATIONS,   GUIDELINES   OR
 RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR
 AREA RATIOS, OR PARKING REQUIREMENTS.
   (D)  PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL  SET
 FORTH IN WRITING AND PUBLISH:
   (I)  A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT-
 ORIENTED DEVELOPMENT ZONE;
   (II) A DESCRIPTION OF THE LAND  THAT  IS  EXEMPT  FROM  THE  AGGREGATE
 DENSITY REQUIREMENT;
   (III)  A  DESCRIPTION  OF  ANY  EXEMPT  LAND  THAT  WOULD OTHERWISE BE
 INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE;
   (IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND  USES  WITHIN  THE
 APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT;
   (V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH-
 IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND-
 MENT;
   (VI)  THE  ALLOWABLE  AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
 DENSITY WITHIN THE  APPLICABLE  TRANSIT-ORIENTED  DEVELOPMENT  ZONE,  OF
 RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT;
   (VII)  THE  ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
 DENSITY WITHIN THE  APPLICABLE  TRANSIT-ORIENTED  DEVELOPMENT  ZONE,  OF
 RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT;
   (VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT-
 MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN-
 TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT;
   (IX)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
 SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY
 CONTEMPLATED BY THE AMENDMENT;
   (X) THE EXISTENCE OF SITES CONTAINING  OR  CONTAMINATED  BY  HAZARDOUS
 WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT;
   (XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM-
 PLATED BY THE AMENDMENT; AND
   (XII)  A  SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR  FLOOD
 PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET.
   (E)  IN THE EVENT THAT A TOWN FAILS TO FINALIZE THE AMENDMENT PURSUANT
 TO AND WITHIN THE REQUIRED TIME SET  FORTH  IN  PARAGRAPH  (A)  OF  THIS
 S. 4006                            71                            A. 3006
 
 SUBDIVISION,  AND  UNTIL SUCH TIME AS A TOWN COMPREHENSIVELY UPDATES ITS
 LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL,
 OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY:
   (I) ALL TOWNS SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESIDEN-
 TIAL  DWELLINGS WITH A DENSITY UP TO AND INCLUDING THE APPLICABLE AGGRE-
 GATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE;
   (II) NO TOWN SHALL IMPOSE RESTRICTIONS THAT  EFFECTIVELY  PREVENT  THE
 CONSTRUCTION  OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT
 NOT LIMITED TO, ANY SUCH RESTRICTIONS  RELATED  TO  LOT  COVERAGE,  OPEN
 SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND
   (III)  A  PROJECT  FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE
 CLASSIFIED AS A QUALIFYING PROJECT IF A TOWN TIMELY ADOPTED AN AMENDMENT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED BY A
 TOWN OR LEAD AGENCY EQUIVALENT PURSUANT TO A  TRANSIT-ORIENTED  DEVELOP-
 MENT  REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE VESTED
 UPON THE ISSUANCE OF A BUILDING  PERMIT  IN  THE  EVENT  A  SUBSEQUENTLY
 ENACTED  AMENDMENT  OR ANY UPDATES TO THE LAND USE TOOLS ARE CONTRARY TO
 THE RIGHTS GRANTED FOR SUCH PROJECT.  SUCH  VESTED  RIGHTS  SHALL  EXIST
 WITHOUT  THE  NEED  FOR  THE  PERMIT  HOLDER  TO DEMONSTRATE SUBSTANTIAL
 EXPENDITURE AND SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH  THE  PERMIT
 PRIOR  TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE LAND
 USE TOOLS.
   3. TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT  THAT
 A  TOWN  FAILS  TO  FINALIZE  THE  AMENDMENT  PURSUANT TO AND WITHIN THE
 REQUIRED TIME SET FORTH IN PARAGRAPH (A)  OF  SUBDIVISION  TWO  OF  THIS
 SECTION, AND UNTIL SUCH TIME AS A TOWN COMPREHENSIVELY UPDATES ITS LOCAL
 LAND  USE  TOOLS  IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF
 THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFY-
 ING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED  DEVELOP-
 MENT REVIEW PROCESS.
   (B)  AFTER  THE  FINALIZATION  OF THE AMENDMENT UNDERTAKEN PURSUANT TO
 PARAGRAPH (A) OF SUBDIVISION TWO, ANY PROJECT SPECIFIC REVIEW RELATED TO
 A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSUANT  TO  THE  TRAN-
 SIT-ORIENTED DEVELOPMENT REVIEW PROCESS.
   4.  ENFORCEMENT.  (A)(I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK
 MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO  COMPEL
 A TOWN TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE REQUIRE-
 MENTS  SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE TOWN FAILS TO
 DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN.
   (II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF
 THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD
 AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT  PURSUANT  TO  PARAGRAPH
 (B) OF SUBDIVISION THREE OF THIS SECTION.
   (B)  (I)  UPON  A  FAILURE  OF A TOWN TO COMPLY WITH THE DEADLINES SET
 FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY  EQUIVALENT'S
 DENIAL  OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT
 IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION,  ANY
 PARTY  AGGRIEVED  BY  ANY  SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL
 PROCEEDING AGAINST THE SUBJECT TOWN OR LEAD AGENCY  EQUIVALENT  AND  THE
 OFFICERS  OF  SUCH  TOWN AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT
 WITHIN THE JUDICIAL DISTRICT IN WHICH THE TOWN OR THE GREATER PORTION OF
 THE TERRITORY OF SUCH TOWN IS LOCATED  TO  COMPEL  COMPLIANCE  WITH  THE
 PROVISIONS OF THIS SECTION.
   (II)  IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE
 COURT THAT TESTIMONY IS NECESSARY FOR  THE  PROPER  DISPOSITION  OF  THE
 S. 4006                            72                            A. 3006

 MATTER,  THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.  ALTERNA-
 TIVELY, THE COURT MAY APPOINT A  HEARING  OFFICER  PURSUANT  TO  ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT  MAY  DIRECT  AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI-
 CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE  A
 PART  OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL
 BE MADE.
   (III) THE TOWN OR LEAD AGENCY EQUIVALENT MUST SET  FORTH  THE  REASONS
 FOR  THE  DENIAL  OF  THE  APPLICATION AND MUST DEMONSTRATE BY CLEAR AND
 CONVINCING EVIDENCE THAT THE TOWN OR LEAD AGENCY EQUIVALENT  DENIED  THE
 APPLICATION  DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT TO
 THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS THAT COMPLIES  WITH  THE
 REQUIREMENTS  OF  THIS  SECTION.  IF  THE TOWN OR LEAD AGENCY EQUIVALENT
 MEETS SUCH BURDEN, THE APPLICANT  SHALL  BE  GIVEN  THE  OPPORTUNITY  TO
 DEMONSTRATE  THAT  THE CONCERNS RAISED BY THE TOWN OR LEAD AGENCY EQUIV-
 ALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR MITIGATED
 BY CHANGES TO THE QUALIFYING PROJECT.
   (IV) THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY  MODIFY
 THE  DECISION  BROUGHT  UP  FOR REVIEW. THE COURT MAY ALSO REMAND TO THE
 TOWN OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN  APPLI-
 CATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUDING ON
 AN EXPEDITED BASIS.
   (V)  COSTS  SHALL  NOT BE ALLOWED AGAINST THE TOWN, LEAD AGENCY EQUIV-
 ALENT, AND THE OFFICERS WHOSE  FAILURE  OR  REFUSAL  GAVE  RISE  TO  THE
 SPECIAL  PROCEEDING,  UNLESS IT SHALL APPEAR TO THE COURT THAT THE TOWN,
 LEAD AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED  WITH  GROSS
 NEGLIGENCE, IN BAD FAITH, OR WITH MALICE.
   §  5.  The  village  law is amended by adding a new section 7-700-a to
 read as follows:
   § 7-700-A DENSITY OF RESIDENTIAL DWELLINGS NEAR TRANSIT  STATIONS.  1.
 DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "AGGREGATE  DENSITY  REQUIREMENT"  SHALL BE DEFINED AS A REQUIRED
 MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND  SHALL  NOT  BE
 INCLUDED  IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE-
 MENT. PROVIDED FURTHER THAT:
   (I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT  ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE;
   (II)  WITHIN  A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE;
   (III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE  REQUIRED
 MINIMUM  AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE;
 AND
   (IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE.
   (B)  "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE,
 OR ADMINISTRATIVE CHANGE MADE TO A VILLAGE'S LOCAL LAND USE TOOLS PURSU-
 ANT TO SUBDIVISION TWO OF THIS SECTION.
   (C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION  BROUGHT  ABOUT
 BY  ANY  SINGLE  FACTOR  OR COMBINATION OF FACTORS TO THE EXTENT THAT IT
 MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED  IN  BUILDING  A
 RESIDENTIAL  HOUSING  PROJECT  AND  STILL REALIZE A REASONABLE RETURN IN
 BUILDING OR OPERATING SUCH HOUSING WITHOUT  SUBSTANTIALLY  CHANGING  THE
 RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER.
 S. 4006                            73                            A. 3006
 
   (D)  "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES,
 MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS.
   (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN-
 TIFIED  PURSUANT  TO  THE  NEW  YORK STATE OR FEDERAL INTERSTATE HIGHWAY
 SYSTEM.
   (F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY VILLAGE OR COMMON
 COUNCIL OR OTHER LEGISLATIVE BODY OF THE VILLAGE, PLANNING BOARD, ZONING
 BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN-
 DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE,
 OR ANY OTHER AGENCY, DEPARTMENT, BOARD,  BODY,  OR  OTHER  ENTITY  IN  A
 VILLAGE  WITH  THE  AUTHORITY  TO  APPROVE OR DISAPPROVE OF ANY SPECIFIC
 PROJECT OR AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN.
   (G) "LOCAL LAND USE TOOLS" SHALL BE  ADOPTED  OR  ENACTED  UNDER  THIS
 CHAPTER,  THE  MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER
 LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE  LIMITED  TO  A
 VILLAGE'S:
   (I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
   (II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (III)  SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT
 ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (V) SITE PLAN REVIEW  ORDINANCE,  LOCAL  LAWS,  RESOLUTIONS  OR  REGU-
 LATIONS; AND/OR
   (VI)  POLICIES  OR  PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND
 USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR  THE  USE
 AND  OCCUPANCY  OF  LAND,  THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE
 DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT.
   (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS:
   (I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED  AS  AUTHORIZED
 BY  LAW  OR  DEPICTED  ON  ANOTHER  MAP  ADOPTED OR ENACTED BY THE LOCAL
 GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED  FOR  PARK  OR
 RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR
   (II)  ANY  PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE-
 ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   (I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT  CANNOT  BE
 BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED
 TO  MAKE  SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED
 TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS,  COAS-
 TAL  EROSIONS  HAZARD AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED
 FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING  OR  OTHER  IMPROVE-
 MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL
 BE CONSIDERED NON-BUILDABLE LAND.
   (J)  "OBJECTIVE  STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE
 NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE  AND
 ARE  UNIFORMLY  VERIFIABLE  BY  REFERENCE  TO  A  PUBLICLY AVAILABLE AND
 UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL-
 OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF
 A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS.
   (K) "PROJECT SPECIFIC REVIEW"  SHALL  BE  DEFINED  AS  ANY  REVIEW  OR
 APPROVAL  PROCESS  RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP-
 MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER  OF  SITES,  INCLUDING,
 BUT  NOT  LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW
 OR SUBDIVISION REVIEW.
   (L) "QUALIFYING PROJECT" SHALL BE DEFINED AS A PROPOSED  PROJECT  THAT
 CONSISTS  PRIMARILY  OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED
 S. 4006                            74                            A. 3006
 
 WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL  BE  CONNECTED
 TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS.
   (M)  "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS,
 STRUCTURES, LANDMARKS, OR BUILDINGS LISTED  ON  THE  STATE  REGISTER  OF
 HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION.
   (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC-
 TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS
 THE  HOME,  RESIDENCE  OR  SLEEPING  PLACE  OF ONE OR MORE HUMAN BEINGS,
 HOWEVER THE TERM DOES NOT INCLUDE ANY  CLASS  B  MULTIPLE  DWELLINGS  AS
 DEFINED  IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS
 INTENDED TO BE USED ON A SEASONAL BASIS.
   (O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A  TRANSIT-
 ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS
 OF THE EFFECTIVE DATE OF THIS SECTION.
   (P)  "TRANSIT-ORIENTED  DEVELOPMENT  REVIEW PROCESS" IS THE PROCESS BY
 WHICH ALL PROJECT SPECIFIC REVIEWS  IN  A  TRANSIT-ORIENTED  DEVELOPMENT
 ZONE  AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION
 SHALL BE REVIEWED, WHICH SHALL:
   (I) BE COMPLETED WITH APPROVAL OR DENIAL  DELIVERED  TO  THE  APPLYING
 PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED;
 AND
   (II) BE LIMITED TO A REVIEW OF THE FOLLOWING:
   (A)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
   (B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE  ADEQUATE  UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   (C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
 IC  REVIEW  MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC-
 TIVE STANDARDS ARE PUBLISHED,  NO  TRANSIT-ORIENTED  DEVELOPMENT  REVIEW
 PROCESS  MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC
 REQUIREMENTS SHALL INCREASE THE COST OF A  QUALIFYING  PROJECT  TO  MAKE
 SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE.
   ALL  PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED
 DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW
 REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
 LAW AND ANY RULES AND REGULATIONS PROMULGATED  THERETO,  AND  ANY  LOCAL
 EQUIVALENT  LAW,  REGULATION  OR RULE. PROVIDED FURTHER THAT NOTHING SET
 FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO  OVERRIDE  OR  OTHERWISE
 WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU-
 LATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN.
   (Q)  "TIER  1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED  EITHER  WITHIN  A VILLAGE WITH A POPULATION OF GREATER THAN ONE
 MILLION PEOPLE, OR NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF
 A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED
 ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
   (R) "TIER 2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS  ANY  RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT  OPERATED  ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
 ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND  RAIL-
 ROAD,  THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY, THE NEW JERSEY
 S. 4006                            75                            A. 3006
 
 TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE  METRO-
 POLITAN  TRANSPORTATION  AUTHORITY  WHERE ANY PORTION OF SUCH STATION IS
 LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST
 BORDER  OF  A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE,
 AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER  TO  SUCH
 RAIL STATION.
   (S)  "TIER  3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED  MORE  THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST
 BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE  MILLION  PEOPLE,
 AS  MEASURED  ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
 RAIL STATION.
   (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS  ANY  RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT  OPERATED  ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
 ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND  RAIL-
 ROAD,  THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY, THE NEW JERSEY
 TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE  METRO-
 POLITAN  TRANSPORTATION  AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS
 LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY  WITH  A
 POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT
 LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
   (U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  1  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE  RADIUS  OF
 ANY  PUBLICLY  ACCESSIBLE  AREAS OF A TIER 2 QUALIFYING TRANSIT STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES  AND  EXITS,
 AND  PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
 ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE  APPURTENANT  TO
 SUCH  TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
 SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF  THIS
 SECTION.  PROVIDED  FURTHER  THAT  ANY TIER 2 QUALIFYING TRANSIT STATION
 SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED  DEVELOP-
 MENT ZONE.
   (W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 S. 4006                            76                            A. 3006
 
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  3  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE  RADIUS  OF
 ANY  PUBLICLY  ACCESSIBLE  AREAS OF A TIER 4 QUALIFYING TRANSIT STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES  AND  EXITS,
 AND  PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
 ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE  APPURTENANT  TO
 SUCH  TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
 SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF  THIS
 SECTION.  PROVIDED  FURTHER  THAT  ANY TIER 4 QUALIFYING TRANSIT STATION
 SHALL BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED  DEVELOP-
 MENT ZONE.
   (Y)  "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE, A  TIER  2  TRANSIT-ORIENTED  DEVELOPMENT
 ZONE,  A  TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT-
 ORIENTED DEVELOPMENT ZONE, AS APPLICABLE.
   2. AMENDMENT TO LOCAL LAND USE TOOLS. (A) A VILLAGE'S LOCAL  LAND  USE
 TOOLS  SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY REQUIRE-
 MENT ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE  EFFEC-
 TIVE  DATE  OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY REQUIREMENT IS
 PERMITTED PURSUANT TO A VILLAGE'S LOCAL LAND USE TOOLS WITHOUT REQUIRING
 ANY AMENDMENT.
   (B) ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS  SUBDI-
 VISION  SHALL  BE  EXEMPT  FROM  ANY REVIEW REQUIRED PURSUANT TO ARTICLE
 EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW  AND  ANY  RULES  AND  REGU-
 LATIONS  PROMULGATED  THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION,
 OR RULE, PROVIDED FURTHER THAT ANY AMENDMENT TO THE PERMISSIBLE  USE  OF
 NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW, AS APPLICABLE.
   (C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION  SHALL  CREATE  OR  OTHERWISE  IMPOSE ANY UNREASONABLE LAWS, RULES,
 REGULATIONS, GUIDELINES OR RESTRICTIONS  THAT  EFFECTIVELY  PREVENT  THE
 CONSTRUCTION  OR  OCCUPATION  OF QUALIFYING PROJECTS, INCLUDING, BUT NOT
 LIMITED  TO,  ANY  SUCH  LAWS,   RULES,   REGULATIONS,   GUIDELINES   OR
 RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR
 AREA RATIOS, OR PARKING REQUIREMENTS.
   (D)  PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL  SET
 FORTH IN WRITING AND PUBLISH:
   (I)  A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT-
 ORIENTED DEVELOPMENT ZONE;
   (II) A DESCRIPTION OF THE LAND  THAT  IS  EXEMPT  FROM  THE  AGGREGATE
 DENSITY REQUIREMENT;
   (III)  A  DESCRIPTION  OF  ANY  EXEMPT  LAND  THAT  WOULD OTHERWISE BE
 INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE;
   (IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND  USES  WITHIN  THE
 APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT;
   (V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH-
 IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND-
 MENT;
 S. 4006                            77                            A. 3006

   (VI)  THE  ALLOWABLE  AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
 DENSITY WITHIN THE  APPLICABLE  TRANSIT-ORIENTED  DEVELOPMENT  ZONE,  OF
 RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT;
   (VII)  THE  ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
 DENSITY WITHIN THE  APPLICABLE  TRANSIT-ORIENTED  DEVELOPMENT  ZONE,  OF
 RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT;
   (VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT-
 MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN-
 TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT;
   (IX)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
 SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY
 CONTEMPLATED BY THE AMENDMENT;
   (X) THE EXISTENCE OF SITES CONTAINING  OR  CONTAMINATED  BY  HAZARDOUS
 WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT;
   (XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM-
 PLATED BY THE AMENDMENT; AND
   (XII)  A  SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR  FLOOD
 PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET.
   (E) IN THE EVENT THAT A VILLAGE FAILS TO FINALIZE THE AMENDMENT PURSU-
 ANT  TO  AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF THIS
 SUBDIVISION, AND UNTIL SUCH TIME AS A  VILLAGE  COMPREHENSIVELY  UPDATES
 ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDI-
 VISION,  AND  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL,
 LOCAL, OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY:
   (I) ALL VILLAGES SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESI-
 DENTIAL DWELLINGS WITH A DENSITY UP  TO  AND  INCLUDING  THE  APPLICABLE
 AGGREGATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE;
   (II) NO VILLAGE SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE
 CONSTRUCTION  OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT
 NOT LIMITED TO, ANY SUCH RESTRICTIONS  RELATED  TO  LOT  COVERAGE,  OPEN
 SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND
   (III)  A  PROJECT  FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE
 CLASSIFIED AS A QUALIFYING PROJECT IF A VILLAGE TIMELY ADOPTED AN AMEND-
 MENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED
 BY A VILLAGE OR LEAD AGENCY EQUIVALENT PURSUANT  TO  A  TRANSIT-ORIENTED
 DEVELOPMENT  REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE
 VESTED UPON THE ISSUANCE OF A BUILDING PERMIT IN THE EVENT A SUBSEQUENT-
 LY ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS  ARE  CONTRARY
 TO  THE  RIGHTS GRANTED FOR SUCH PROJECT. SUCH VESTED RIGHTS SHALL EXIST
 WITHOUT THE NEED  FOR  THE  PERMIT  HOLDER  TO  DEMONSTRATE  SUBSTANTIAL
 EXPENDITURE  AND  SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT
 PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE  LAND
 USE TOOLS.
   3.  TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT
 A VILLAGE FAILS TO FINALIZE THE AMENDMENT PURSUANT  TO  AND  WITHIN  THE
 REQUIRED  TIME  SET  FORTH  IN  PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
 SECTION, AND UNTIL SUCH TIME AS A VILLAGE  COMPREHENSIVELY  UPDATES  ITS
 LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO
 OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUAL-
 IFYING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVEL-
 OPMENT REVIEW PROCESS.
   (B)  AFTER  THE  FINALIZATION  OF THE AMENDMENT UNDERTAKEN PURSUANT TO
 PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY  PROJECT  SPECIFIC
 REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSU-
 ANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS.
 S. 4006                            78                            A. 3006
 
   4.  ENFORCEMENT.  (A)(I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK
 MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO  COMPEL
 A  VILLAGE  TO  AMEND  ITS  LOCAL  LAND USE TOOLS IN COMPLIANCE WITH THE
 REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE VILLAGE
 FAILS TO DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN.
   (II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF
 THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD
 AGENCY  EQUIVALENT  TO  BUILD A QUALIFYING PROJECT PURSUANT TO PARAGRAPH
 (B) OF SUBDIVISION THREE OF THIS SECTION.
   (B)(I) UPON A FAILURE OF A VILLAGE TO COMPLY WITH  THE  DEADLINES  SET
 FORTH  IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY EQUIVALENT'S
 DENIAL OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING  PROJECT
 IN  VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, ANY
 PARTY AGGRIEVED BY ANY SUCH FAILURE OR DENIAL  MAY  COMMENCE  A  SPECIAL
 PROCEEDING AGAINST THE SUBJECT VILLAGE OR LEAD AGENCY EQUIVALENT AND THE
 OFFICERS OF SUCH VILLAGE AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT
 WITHIN THE JUDICIAL DISTRICT IN WHICH THE VILLAGE OR THE GREATER PORTION
 OF  THE  TERRITORY  OF SUCH VILLAGE IS LOCATED TO COMPEL COMPLIANCE WITH
 THE PROVISIONS OF THIS SECTION.
   (II) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO  THE
 COURT  THAT  TESTIMONY  IS  NECESSARY  FOR THE PROPER DISPOSITION OF THE
 MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.   ALTERNA-
 TIVELY,  THE  COURT  MAY  APPOINT  A HEARING OFFICER PURSUANT TO ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH  THE  HEARING  OFFI-
 CER'S  FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
 PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT  SHALL
 BE MADE.
   (III) THE VILLAGE OR LEAD AGENCY EQUIVALENT MUST SET FORTH THE REASONS
 FOR  THE  DENIAL  OF  THE  APPLICATION AND MUST DEMONSTRATE BY CLEAR AND
 CONVINCING EVIDENCE THAT THE VILLAGE OR LEAD  AGENCY  EQUIVALENT  DENIED
 THE APPLICATION DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT
 TO  THE  TRANSIT-ORIENTED  DEVELOPMENT REVIEW PROCESS THAT COMPLIES WITH
 THE REQUIREMENTS OF THIS SECTION. IF THE VILLAGE OR LEAD  AGENCY  EQUIV-
 ALENT MEETS SUCH BURDEN, THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO
 DEMONSTRATE  THAT  THE  CONCERNS  RAISED  BY  THE VILLAGE OR LEAD AGENCY
 EQUIVALENT ARE PRETEXTUAL OR THAT SUCH  CONCERNS  CAN  BE  ADDRESSED  OR
 MITIGATED BY CHANGES TO THE QUALIFYING PROJECT.
   (IV)  THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY
 THE DECISION BROUGHT UP FOR REVIEW. THE COURT MAY  ALSO  REMAND  TO  THE
 VILLAGE  OR  LEAD  AGENCY  EQUIVALENT  TO PROCESS OR FURTHER CONSIDER AN
 APPLICATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUD-
 ING ON AN EXPEDITED BASIS.
   (V) COSTS SHALL NOT BE ALLOWED AGAINST THE VILLAGE, LEAD AGENCY EQUIV-
 ALENT, AND THE OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL
 PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE  VILLAGE,  LEAD
 AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS NEGLI-
 GENCE, IN BAD FAITH, OR WITH MALICE.
   § 6. This act shall take effect immediately.

                                  PART H
 
   Section  1.  The public housing law is amended by adding a new section
 20-a to read as follows:
   § 20-A. HOUSING PRODUCTION REPORTING. 1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
 S. 4006                            79                            A. 3006
 
   (A)  "LOCAL BOARD" MEANS ANY CITY, TOWN, OR VILLAGE BOARD, COMMISSION,
 OFFICER OR OTHER AGENCY OR OFFICE HAVING SUPERVISION OF THE CONSTRUCTION
 OF BUILDINGS OR THE POWER OF ENFORCING MUNICIPAL BUILDING LAWS.
   (B) "HOUSING SITE" MEANS THE SITE OF PLANNED CONSTRUCTION, CONVERSION,
 ALTERATION,  DEMOLITION,  OR  CONSOLIDATION  OF  ONE OR MORE RESIDENTIAL
 BUILDINGS.
   (C) "DWELLING UNIT" MEANS A DWELLING  WITHIN  A  RESIDENTIAL  BUILDING
 WHICH  IS EITHER SOLD, RENTED, LEASED, LET OR HIRED OUT, TO BE OCCUPIED,
 OR IS OCCUPIED AS THE RESIDENCE OR HOME OF ONE OR MORE INDIVIDUALS  THAT
 IS INDEPENDENT OF OTHER DWELLINGS WITHIN SUCH RESIDENTIAL BUILDING.
   2.  THE  COMMISSIONER  SHALL REQUIRE EACH LOCAL BOARD TO SUBMIT TO THE
 DIVISION OF HOUSING AND COMMUNITY RENEWAL ANNUALLY, IN  THE  MANNER  AND
 FORMAT  TO BE DIRECTED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,
 THE FOLLOWING INFORMATION REGARDING NEW CONSTRUCTION, CONVERSION, ALTER-
 ATION, DEMOLITION, OR CONSOLIDATION OF A HOUSING SITE WITHIN THE  JURIS-
 DICTION  OF  SUCH  LOCAL  BOARD  THAT IS REQUIRED TO BE REPORTED TO SUCH
 LOCAL BOARD:
   (A) THE ADDRESS OF SUCH HOUSING SITE;
   (B) THE BLOCK AND/OR LOT NUMBER OF SUCH HOUSING SITE;
   (C) THE TOTAL NUMBER OF DWELLING UNITS IN SUCH HOUSING SITE;
   (D) THE BUILDING TYPE, ANY RELEVANT DATES OF  APPROVAL,  PERMITS,  AND
 COMPLETIONS ASSOCIATED WITH SUCH HOUSING SITE;
   (E) ANY ASSOCIATED GOVERNMENTAL SUBSIDIES OR PROGRAM FUNDS BEING ALLO-
 CATED TO SUCH HOUSING SITE THAT SUCH LOCAL BOARD IS AWARE OF;
   (F) THE SPECIFIC DETAILS OF SUCH CONSTRUCTION, CONVERSION, ALTERATION,
 DEMOLITION, OR CONSOLIDATION OF SUCH HOUSING SITE;
   (G)  ANY  PERMITS REQUESTED TO BUILD DWELLING UNITS, AND THE STATUS OF
 SUCH REQUESTS AS OF THE DATE OF THE REPORT; AND
   (H) THE TOTAL NUMBER OF DWELLING UNITS WITHIN THE JURISDICTION OF  THE
 LOCAL BOARD AS OF THE DATE OF THE REPORT.
   3. BEGINNING ON THE THIRTY-FIRST OF JANUARY NEXT SUCCEEDING THE EFFEC-
 TIVE  DATE  OF  THIS  SECTION, AND ANNUALLY THEREAFTER, THE COMMISSIONER
 SHALL REQUIRE EACH LOCAL BOARD TO  SUBMIT  TO  THE  COMMISSIONER,  IN  A
 MANNER  AND  FORMAT TO BE DETERMINED BY THE COMMISSIONER, A DIGITAL FILE
 CONTAINING A ZONING MAP OR MAPS OF SUCH LOCAL BOARD'S JURISDICTION  THAT
 CONTAINS THE FOLLOWING INFORMATION FOR THE PRIOR YEAR:
   (A) THE GEOGRAPHIC EXTENTS OF AREAS WHERE RESIDENTIAL HOUSING, COMMER-
 CIAL, INDUSTRIAL, OR OTHER DEVELOPMENTS ARE OR ARE NOT PERMITTED;
   (B) IN AREAS ZONED FOR RESIDENTIAL BUILDINGS, WHERE RESIDENTIAL BUILD-
 INGS  CONTAINING TWO, THREE, AND FOUR OR MORE DWELLING UNITS ARE ALLOWED
 PER LOT;
   (C) ANY MINIMUM LOT SIZE REQUIREMENTS FOR RESIDENTIAL BUILDINGS;
   (D) ANY MINIMUM SIZE REQUIREMENTS FOR INDIVIDUAL DWELLING UNITS;
   (E) ANY PARKING REQUIREMENTS FOR RESIDENTIAL BUILDINGS;
   (F) ANY SETBACK OR LOT COVERAGE REQUIREMENTS  FOR  RESIDENTIAL  BUILD-
 INGS;
   (G)  DESIGNATION OF WHETHER EACH ZONING APPROVAL GRANTED BY SUCH LOCAL
 BOARD WAS AS-OF-RIGHT OR DISCRETIONARY;
   (H) THE GEOGRAPHIC BOUNDS OF ANY AREAS WHICH HAVE BEEN  AMENDED  SINCE
 SUCH LOCAL BOARD'S PREVIOUS SUBMISSION PURSUANT TO THIS SUBDIVISION;
   (I) ANY FLOOR AREA RATIO RESTRICTIONS FOR RESIDENTIAL BUILDINGS;
   (J)  IN  AREAS  WHERE  RESIDENTIAL  DEVELOPMENT  IS NOT PERMITTED, THE
 REASONS SUCH DEVELOPMENT IS NOT PERMITTED; AND
   (K) ANY OTHER INFORMATION DEEMED RELEVANT BY THE COMMISSIONER.
   4. THE COMMISSIONER MAY MAKE THE  INFORMATION  SUBMITTED  PURSUANT  TO
 SUBDIVISIONS  TWO  AND  THREE  OF THIS SECTION PUBLICLY AVAILABLE ON THE
 S. 4006                            80                            A. 3006
 
 DIVISION OF HOUSING AND COMMUNITY RENEWAL'S WEBSITE, UPDATED ANNUALLY TO
 REFLECT THE MOST RECENT SUBMISSIONS.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.
 
                                  PART I
 
   Section 1. Paragraph (b) of subdivision 1 of section 1971 of the  real
 property  actions  and proceedings law, as amended by chapter 529 of the
 laws of 2008, is amended to read as follows:
   (b) In the case of a vacant dwelling, it is not sealed or continuously
 guarded, IN THAT ADMITTANCE TO THE PROPERTY MAY BE GAINED WITHOUT DAMAG-
 ING ANY PORTION OF THE PROPERTY, as required by law or it was sealed  or
 is  continuously  guarded by a person other than the owner, a mortgagee,
 lienor or agent thereof, and [either] ANY of the following facts exists:
   (i) A vacate order of the  department  or  other  governmental  agency
 currently prohibits occupancy of the dwelling; or
   (ii)  The tax on such premises has been due and unpaid for a period of
 at least one year; or
   (III) THE PROPERTY HAS HAD A ZONING, BUILDING OR PROPERTY  MAINTENANCE
 CODE  VIOLATION WHICH HAS THE POTENTIAL TO INJURE, ENDANGER OR UNREASON-
 ABLY ANNOY THE HEALTH AND SAFETY OF OTHERS THAT  HAS  BEEN  CONTINUOUSLY
 OUTSTANDING  AND NOT REMEDIED FOR A PERIOD OF AT LEAST ONE YEAR FROM THE
 DATE THE ORIGINAL NOTICE OF VIOLATION WAS SERVED UPON THE PROPERTY OWNER
 PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES IF THE OWNER IS A NATURAL PERSON, OR PURSUANT  TO
 SECTION  THREE HUNDRED TEN, THREE HUNDRED TEN-A, THREE HUNDRED ELEVEN OR
 THREE HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES IF THE  OWNER
 IS  A PARTNERSHIP, LIMITED PARTNERSHIP, CORPORATION OR LIMITED LIABILITY
 COMPANY, RESPECTIVELY; OR
   § 2. This act shall take effect immediately.
 
                                  PART J
 
   Section 1. Subdivision 11 of section 3 of the multiple  dwelling  law,
 as  amended  by  chapter  806 of the laws of 1972, is amended to read as
 follows:
   11. Notwithstanding any other provision of this section, the following
 enumerated articles, sections and subdivisions of sections of this chap-
 ter shall not apply to the construction or alteration of multiple dwell-
 ings for which an application for a permit is  made  to  the  department
 after  December  sixth,  nineteen  hundred sixty-nine in a city having a
 population of one million or more [which adopts  or  has  adopted  local
 laws,  ordinances,  resolutions or regulations providing protection from
 fire  hazards  and  making  provision  for  escape  from  fire  in   the
 construction  and alteration of multiple dwellings and in other respects
 as protective as local law seventy-six of the laws of the  city  of  New
 York  for  nineteen  hundred  sixty-eight  and covering the same subject
 matter as the following]: subdivisions twenty-five, twenty-seven,  twen-
 ty-eight,  thirty-five-c,  thirty-six  and  thirty-nine of section four,
 subdivision three of section twenty-eight, sections thirty-six,  thirty-
 seven,  fifty,  fifty-one,  fifty-two,  fifty-three,  fifty-five, sixty,
 sixty-one, sixty-seven, subdivisions one, two, four and five of  section
 S. 4006                            81                            A. 3006
 
 seventy-five,  article four, article five, article five-A[,] AND article
 six [and article seven-B]; except that after  December  sixth,  nineteen
 hundred  sixty-nine  where a multiple dwelling erected prior to December
 sixth,  nineteen  hundred  sixty-nine  is altered, or a building erected
 prior to December sixth, nineteen hundred sixty-nine is converted  to  a
 multiple  dwelling  pursuant  to  a permit applied for to the department
 having jurisdiction, the foregoing articles, sections  and  subdivisions
 of  sections  shall  remain  applicable  where  a local law of such city
 authorizes such alteration or conversion to be made, at  the  option  of
 the  owner,  either  in accordance with the requirements of the building
 law and regulations in effect in such  city  prior  to  December  sixth,
 nineteen hundred sixty-eight or the requirements of the building law and
 regulations  in  effect  after such date, and the owner elects to comply
 with the requirements of the building  law  and  regulations  in  effect
 prior to December sixth, nineteen hundred sixty-eight.
   § 2. Section 275 of the multiple dwelling law, as added by chapter 734
 of the laws of 1985, is amended to read as follows:
   §  275.  Legislative findings. It is hereby declared and found that in
 cities with a population in excess of  one  million,  large  numbers  of
 loft,  manufacturing,  commercial,  institutional,  public and community
 facility buildings have lost, and continue to  lose,  their  tenants  to
 more modern premises; and that the untenanted portions of such buildings
 constitute  a  potential housing stock within such cities which is capa-
 ble, when appropriately altered, of  accommodating  general  residential
 use, thereby contributing to an alleviation of the housing shortage most
 severely  affecting moderate and middle income families, and of accommo-
 dating joint living-work quarters for artists by making  readily  avail-
 able  space  which  is  physically  and economically suitable for use by
 persons regularly engaged in the arts.
   There is a public purpose to be served by making accommodations readi-
 ly available for joint living-work quarters for artists for the  follow-
 ing  reasons:    persons  regularly  engaged  in the arts require larger
 amounts of space for the pursuit of their artistic endeavors and for the
 storage of the materials therefor and of the products thereof  than  are
 regularly  to  be  found  in dwellings subject to this article; that the
 financial remunerations to be obtained from pursuit of a career  in  the
 arts  are  generally  small;  that as a result of such limited financial
 remuneration persons regularly engaged in the  arts  generally  find  it
 financially  impossible  to  maintain  quarters for the pursuit of their
 artistic endeavors separate and apart from their  places  of  residence;
 that the cultural life of cities of more than one million persons within
 this  state  and of the state as a whole is enhanced by the residence in
 such cities of large numbers of persons regularly engaged in  the  arts;
 that  the  high  cost  of  land within such cities makes it particularly
 difficult for persons regularly engaged in the arts to obtain the use of
 the amounts of space required for their work as aforesaid; and that  the
 residential  use  of  the space is secondary or accessory to the primary
 use as a place of work.
   It is further declared that the legislation governing  the  alteration
 of  such buildings to accommodate general residential use must of neces-
 sity be more restrictive  than  statutes  heretofore  in  effect,  which
 affected only joint living-work quarters for artists.
   It  is the intention of this legislation to promulgate statewide mini-
 mum standards for all alterations of non-residential buildings to  resi-
 dential  use,  but  the  legislature  is  cognizant that the use of such
 buildings for residential purposes must be consistent with local  zoning
 S. 4006                            82                            A. 3006
 
 ordinances.  The  legislature  further recognizes that it is the role of
 localities to adopt regulations which will define in further detail  the
 manner  in  which alterations should be carried out where building types
 and  conditions  are  peculiar  to their local environment. IT IS HEREBY
 ADDITIONALLY DECLARED AND FOUND THAT IN  CITIES  WITH  A  POPULATION  IN
 EXCESS  OF ONE MILLION, LARGE NUMBERS OF COMMERCIAL BUILDINGS HAVE LOST,
 AND CONTINUE TO LOSE, THEIR TENANTS TO MORE MODERN PREMISES AND  TO  THE
 CHANGING  NATURE  OF  REMOTE  OFFICE  WORK  IN  THE WAKE OF THE COVID-19
 PANDEMIC; AND THAT THE UNTENANTED PORTIONS OF SUCH BUILDINGS  CONSTITUTE
 A  POTENTIAL  HOUSING  STOCK  WITHIN  SUCH CITIES WHICH IS CAPABLE, WHEN
 APPROPRIATELY ALTERED, OF ACCOMMODATING GENERAL RESIDENTIAL USE, THEREBY
 CONTRIBUTING TO AN ALLEVIATION OF THE HOUSING SHORTAGE.
   § 3. Section 276 of the multiple dwelling law, as amended  by  chapter
 420 of the laws of 2022, is amended to read as follows:
   § 276. [Definition of an artist] DEFINITIONS. As used in this article,
 the FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  THE  word  "artist" means a person who is regularly engaged in the
 fine arts, such as painting and sculpture or in the performing or  crea-
 tive  arts, including choreography and filmmaking, or in the composition
 of music on a professional basis,  and  is  so  certified  by  the  city
 department  of  cultural  affairs  and/or state council on the arts. For
 joint living-work quarters for artists limited to artists' occupancy  by
 local  zoning resolution, any permanent occupant whose residence therein
 began on or before December fifteenth, two thousand twenty-one shall  be
 deemed  to  meet such occupancy requirements under the same rights as an
 artist so certified in accordance with applicable law.
   2. THE TERM "GENERAL RESIDENTIAL PURPOSES" MEANS USE OF A BUILDING  AS
 A  CLASS  A MULTIPLE DWELLING, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE A
 ROOMING UNIT AS DEFINED IN SECTION 27-2004 OF THE ADMINISTRATIVE CODE OF
 THE CITY OF NEW YORK OTHER THAN A ROOMING UNIT IN A CLASS A OR  CLASS  B
 MULTIPLE DWELLING THAT IS AUTHORIZED PURSUANT TO SECTION 27-2077 OF SUCH
 ADMINISTRATIVE CODE.
   §  4. The multiple dwelling law is amended by adding a new section 279
 to read as follows:
   § 279. OCCUPANCY OF COMMERCIAL BUILDINGS. 1. ANY BUILDING  IN  A  CITY
 WITH  A POPULATION OF ONE MILLION OR MORE PERSONS WHICH WAS OCCUPIED FOR
 LOFT, COMMERCIAL, INSTITUTIONAL, PUBLIC, COMMUNITY FACILITY OR  MANUFAC-
 TURING  PURPOSES  AT  ANY  TIME PRIOR TO DECEMBER THIRTY-FIRST, NINETEEN
 HUNDRED NINETY, MAY BE OCCUPIED, IN WHOLE OR IN PART, FOR GENERAL  RESI-
 DENTIAL  PURPOSES  IF SUCH OCCUPANCY IS IN COMPLIANCE WITH THIS ARTICLE,
 NOTWITHSTANDING ANY OTHER ARTICLE OF THIS CHAPTER, OR ANY  PROVISION  OF
 LAW  COVERING  THE  SAME SUBJECT MATTER, EXCEPT AS OTHERWISE REQUIRED BY
 THE ZONING RESOLUTION OF SUCH CITY.
   2. OCCUPANCY PURSUANT TO THIS SECTION SHALL BE PERMITTED ONLY  IF  THE
 CONDITIONS  IN  SUBDIVISIONS  ONE THROUGH SIXTEEN OF SECTION TWO HUNDRED
 SEVENTY-SEVEN OF THIS ARTICLE ARE COMPLIED WITH, EXCEPT THAT THE CONVER-
 SION SHALL NOT BE REQUIRED TO INCLUDE  JOINT  LIVING-WORK  QUARTERS  FOR
 ARTISTS,  AND  PROVIDED  FURTHER THAT CONVERSIONS UNDERTAKEN PURSUANT TO
 THIS SECTION SHALL NOT BE SUBJECT TO SUBDIVISION THREE OF SECTION  TWEN-
 TY-SIX OF THIS CHAPTER.
   3.  NOTWITHSTANDING  ANY  STATE  OR  LOCAL  LAW,  RULE, OR REGULATION,
 INCLUDING ANY OTHER PROVISION OF THIS SECTION OR ARTICLE TO THE  CONTRA-
 RY,  THE  PROVISIONS OF THIS SECTION SHALL APPLY TO ANY BUILDING LOCATED
 IN A DISTRICT THAT OTHERWISE WOULD HAVE BEEN SUBJECT TO  THE  PROVISIONS
 OF SECTION 15-01 OF THE ZONING RESOLUTION OF A CITY WITH A POPULATION OF
 ONE MILLION OR MORE PERSONS.
 S. 4006                            83                            A. 3006
 
   §  5.  An  application  for  conversion  of a building pursuant to the
 provisions of this  act,  which  application  for  a  permit  containing
 complete  plans  and specifications is filed prior to December 31, 2030,
 shall be permitted to proceed as if subdivision 3 of section 279 of  the
 multiple dwelling law, as added by section four of this act, remained in
 effect, so long as construction of such project begins within the earli-
 er to occur of three years from December 31, 2030 or such time which the
 permit otherwise expires.
   §  6.  This act shall take effect immediately; provided, however, that
 subdivision 3 of section 279 of the multiple dwelling law  as  added  by
 section four of this act shall expire and be deemed repealed on December
 31, 2030; provided further, however, that the repeal of subdivision 3 of
 section  279  of  the  multiple dwelling law as added by section four of
 this act shall not affect the use of any building for  general  residen-
 tial  purposes,  as  such term is defined in article 7-B of the multiple
 dwelling law, permitted prior to such repeal.
 
                                  PART K
 
   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 DWELLING UNITS
 SECTION 288. DEFINITIONS.
         289. BASEMENT LOCAL LAWS AND REGULATIONS.
         290. TENANT PROTECTIONS IN INHABITED BASEMENT 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 "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR  WITHOUT
 A WRITTEN AGREEMENT; AND
   3. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT
 DWELLING UNIT IS RENTED.
   §  289.  BASEMENT  LOCAL LAWS AND REGULATIONS.  1. NOTWITHSTANDING 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 BASE-
 MENT DWELLING UNITS IN EXISTENCE PRIOR TO THE  EFFECTIVE  DATE  OF  THIS
 ARTICLE  THROUGH  CONVERSION TO LEGAL DWELLING UNITS, OR (B) THE CONVER-
 SION OF OTHER SPECIFIED BASEMENT 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 ENVIRON-
 MENTAL  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 IN ACCORDANCE WITH A
 LOCAL LAW AUTHORIZED BY THIS ARTICLE OR WHO OTHERWISE ABATES THE ILLEGAL
 OCCUPANCY OF A BASEMENT DWELLING UNIT, (A) FREEDOM  FROM  ANY  CIVIL  OR
 ADMINISTRATIVE  LIABILITY, CITATIONS, FINES, PENALTIES, JUDGMENTS OR ANY
 OTHER DETERMINATIONS  OF OR PROSECUTION FOR  CIVIL  VIOLATIONS  OF  THIS
 CHAPTER,  OTHER  STATE  LAW OR LOCAL LAW OR RULES, AND THE ZONING RESOL-
 S. 4006                            84                            A. 3006
 
 UTION 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  OTHER  SPECIFIED BASEMENT DWELLING UNIT IN
 EXISTENCE PRIOR TO THE EFFECTIVE 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 LOCAL-
 ITY,  AND  APPROVAL  BY SUCH COMMISSION AND THE LEGISLATIVE BODY OF SUCH
 LOCAL GOVERNMENT, PROVIDED, HOWEVER, THAT IT SHALL NOT REQUIRE  ENVIRON-
 MENTAL  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.    1.
 THE  PROGRAM  AUTHORIZED BY THIS ARTICLE SHALL REQUIRE AN APPLICATION TO
 MAKE ALTERATIONS TO LEGALIZE AN  INHABITED  BASEMENT  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 INTO
 COMPLIANCE WITH THE STANDARDS ESTABLISHED 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 AUTHORIZED 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. Subdivision 1 of section 472 of the private housing finance  law,
 as  amended  by  chapter  479 of the laws of 2005, is amended to read as
 follows:
   1. Notwithstanding the provisions of any  general,  special  or  local
 law,  a  municipality,  acting  through an agency, is authorized: (A) to
 make, or contract to make, loans to low and moderate income  owner-occu-
 pants  of one to four unit existing private or multiple dwellings within
 its territorial limits, subject to the limitation  of  subdivisions  two
 through  seven of this section, in such amounts as shall be required for
 S. 4006                            85                            A. 3006
 
 the rehabilitation of such dwellings, provided, however, that such loans
 shall not exceed sixty thousand dollars per dwelling unit,  EXCEPT  THAT
 THE  LIMITATION  ON  THE  MAXIMUM AMOUNT OF A LOAN, AS DESCRIBED IN THIS
 PARAGRAPH,  SHALL  NOT  APPLY TO ANY SUCH LOAN FOR, IN WHOLE OR IN PART,
 REHABILITATION OF A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR  OTHER
 SPECIFIED  BASEMENT  DWELLING  UNIT  FOR  WHICH  SUCH OWNER HAS SOUGHT A
 PERMIT PURSUANT TO THE LOCAL LAW  AUTHORIZED  PURSUANT  TO  SECTION  TWO
 HUNDRED  EIGHTY-NINE  OF  THE MULTIPLE DWELLING LAW. Such loans may also
 include the refinancing of the outstanding indebtedness of  such  dwell-
 ings,  and the municipality may make temporary loans or advances to such
 owner-occupants in anticipation of permanent loans  for  such  purposes;
 AND
   (B) TO MAKE OR CONTRACT TO MAKE GRANTS TO ANY OWNER DESCRIBED IN PARA-
 GRAPH (A) OF THIS SUBDIVISION, ON THE SAME TERMS AS PERMITTED UNDER SUCH
 PARAGRAPH FOR A LOAN.
   §  3.  Section  472  of  the private housing finance law is amended by
 adding a new subdivision 1-a to read as follows:
   1-A. AS USED IN THIS ARTICLE, THE TERM "LOAN" SHALL INCLUDE ANY  GRANT
 MADE BY A MUNICIPALITY PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER, THAT
 PROVISIONS  OF  THIS ARTICLE CONCERNING THE REPAYMENT OR FORGIVENESS OF,
 OR SECURITY FOR, A LOAN SHALL NOT APPLY TO ANY GRANT  MADE  PURSUANT  TO
 THIS ARTICLE.
   §  4. Subdivision 2 of section 473 of the private housing finance law,
 as added by chapter 786 of the laws of  1987,  is  amended  to  read  as
 follows:
   2.  A  municipality shall neither make nor participate in a loan to an
 owner-occupant of an existing private or multiple dwelling  pursuant  to
 this  article unless the agency finds that the area in which such dwell-
 ing is situated is a blighted, deteriorated or deteriorating area or has
 a blighting influence on the surrounding area, or is in danger of becom-
 ing a slum or a blighted area because of the existence  of  substandard,
 unsanitary,  deteriorating  or  deteriorated conditions, an aged housing
 stock, or other factors indicating an inability of the private sector to
 cause such rehabilitation to be made, EXCEPT THAT ANY SUCH FINDING SHALL
 NOT BE REQUIRED FOR ANY SUCH LOAN FOR, IN WHOLE OR  IN  PART,  REHABILI-
 TATION  OF  A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR OTHER SPECI-
 FIED BASEMENT DWELLING UNIT FOR WHICH SUCH OWNER  HAS  SOUGHT  A  PERMIT
 PURSUANT  TO  THE  LOCAL  LAW AUTHORIZED PURSUANT TO SECTION TWO HUNDRED
 EIGHTY-NINE OF THE MULTIPLE DWELLING LAW.
   § 5. This act shall take effect immediately.
 
                                  PART L
 
   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
 S. 4006                            86                            A. 3006
 
 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 M
 
   Section  1.  Section  489  of  the real property tax law is amended by
 adding a new subdivision 21 to read as follows:
   21. (A) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION:
   (1) "AFFORDABLE RENT" SHALL MEAN THE MAXIMUM RENT WITHIN THE MARKETING
 BAND THAT IS ALLOWED FOR AN AFFORDABLE  RENTAL  UNIT  AS  SUCH  RENT  IS
 ESTABLISHED BY THE LOCAL HOUSING AGENCY.
   (2) "AFFORDABLE RENTAL UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE
 RENTAL  BUILDING  THAT, AS OF THE FILING OF AN APPLICATION FOR A CERTIF-
 ICATE OF ELIGIBILITY AND REASONABLE COST, HAS A RENT  AT  OR  BELOW  THE
 APPLICABLE AFFORDABLE RENT.
   (3)  "CERTIFICATE  OF  ELIGIBILITY  AND  REASONABLE COST" SHALL MEAN A
 DOCUMENT ISSUED BY THE LOCAL HOUSING  AGENCY  THAT  ESTABLISHES  THAT  A
 PROPERTY  IS ELIGIBLE FOR REHABILITATION PROGRAM BENEFITS AND SETS FORTH
 THE CERTIFIED REASONABLE COST OF THE  ELIGIBLE  CONSTRUCTION  FOR  WHICH
 SUCH BENEFITS SHALL BE RECEIVED.
   (4)  "CERTIFIED REASONABLE COST SCHEDULE" SHALL MEAN A TABLE PROVIDING
 MAXIMUM DOLLAR LIMITS FOR SPECIFIED ALTERATIONS AND IMPROVEMENTS, ESTAB-
 LISHED, AND UPDATED AS NECESSARY, BY THE LOCAL HOUSING AGENCY.
   (5) "CHECKLIST" SHALL MEAN A DOCUMENT THAT THE  LOCAL  HOUSING  AGENCY
 ISSUES REQUESTING ADDITIONAL INFORMATION OR DOCUMENTATION THAT IS NECES-
 SARY  FOR  FURTHER  ASSESSMENT  OF  AN  APPLICATION FOR A CERTIFICATE OF
 ELIGIBILITY AND REASONABLE COST WHERE  SUCH  APPLICATION  CONTAINED  ALL
 INFORMATION AND DOCUMENTATION REQUIRED AT THE INITIAL FILING.
   (6)   "COMMENCEMENT   DATE"  SHALL  MEAN,  WITH  RESPECT  TO  ELIGIBLE
 CONSTRUCTION, THE DATE ON WHICH ANY PHYSICAL  OPERATION  UNDERTAKEN  FOR
 THE PURPOSE OF PERFORMING SUCH ELIGIBLE CONSTRUCTION LAWFULLY BEGINS.
   (7)   "COMPLETION   DATE"   SHALL   MEAN,  WITH  RESPECT  TO  ELIGIBLE
 CONSTRUCTION, THE DATE ON WHICH:
   (A) EVERY PHYSICAL OPERATION UNDERTAKEN FOR THE PURPOSE OF ALL  ELIGI-
 BLE CONSTRUCTION HAS CONCLUDED; AND
   (B)  ALL SUCH ELIGIBLE CONSTRUCTION HAS BEEN COMPLETED TO A REASONABLE
 AND CUSTOMARY STANDARD THAT RENDERS SUCH ELIGIBLE  CONSTRUCTION  CAPABLE
 OF  USE  FOR  THE  PURPOSE  FOR  WHICH  SUCH  ELIGIBLE  CONSTRUCTION WAS
 INTENDED.
   (8) "DWELLING UNIT" SHALL MEAN  ANY  RESIDENTIAL  ACCOMMODATION  IN  A
 CLASS A MULTIPLE DWELLING THAT:
   (A)  IS  ARRANGED,  DESIGNED,  USED OR INTENDED FOR USE BY ONE OR MORE
 PERSONS LIVING TOGETHER AND MAINTAINING A COMMON HOUSEHOLD;
   (B) CONTAINS AT LEAST ONE ROOM; AND
   (C) CONTAINS WITHIN SUCH ACCOMMODATION  LAWFUL  SANITARY  AND  KITCHEN
 FACILITIES RESERVED FOR ITS OCCUPANTS.
   (9)  "ELIGIBLE  BUILDING"  SHALL  MEAN AN ELIGIBLE RENTAL BUILDING, AN
 ELIGIBLE HOMEOWNERSHIP BUILDING, OR AN ELIGIBLE REGULATED  HOMEOWNERSHIP
 BUILDING,  PROVIDED  THAT  SUCH BUILDING CONTAINS THREE OR MORE DWELLING
 UNITS.
   (10) "ELIGIBLE CONSTRUCTION" SHALL MEAN ALTERATIONS OR IMPROVEMENTS TO
 AN ELIGIBLE BUILDING THAT:
   (A) ARE SPECIFICALLY IDENTIFIED ON THE CERTIFIED REASONABLE COST SCHE-
 DULE;
 S. 4006                            87                            A. 3006
 
   (B) MEET THE MINIMUM SCOPE OF WORK THRESHOLD;
   (C)  HAVE A COMPLETION DATE THAT IS AFTER JUNE TWENTY-NINTH, TWO THOU-
 SAND TWENTY-TWO AND PRIOR TO JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX AND
 THAT IS NOT MORE THAN THIRTY MONTHS AFTER THEIR COMMENCEMENT DATE; AND
   (D) ARE NOT ATTRIBUTABLE TO ANY INCREASED CUBIC CONTENT IN SUCH ELIGI-
 BLE BUILDING.
   (11) "ELIGIBLE HOMEOWNERSHIP BUILDING" SHALL MEAN AN EXISTING BUILDING
 THAT:
   (A) IS A CLASS A MULTIPLE DWELLING OPERATED AS CONDOMINIUM OR  COOPER-
 ATIVE HOUSING;
   (B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND
   (C)  HAS AN AVERAGE ASSESSED VALUATION, INCLUDING THE VALUATION OF THE
 LAND, THAT AS OF THE COMMENCEMENT DATE DOES NOT EXCEED THE HOMEOWNERSHIP
 AVERAGE ASSESSED VALUATION LIMITATION.
   (12) "ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING" SHALL MEAN AN  EXIST-
 ING  BUILDING  THAT IS A CLASS A MULTIPLE DWELLING OWNED AND OPERATED BY
 EITHER:
   (A) A MUTUAL COMPANY THAT CONTINUES TO BE ORGANIZED AND OPERATED AS  A
 MUTUAL  COMPANY  AND THAT HAS ENTERED INTO AND RECORDED A MUTUAL COMPANY
 REGULATORY AGREEMENT; OR
   (B) A MUTUAL REDEVELOPMENT COMPANY THAT CONTINUES TO BE ORGANIZED  AND
 OPERATED AS A MUTUAL REDEVELOPMENT COMPANY AND THAT HAS ENTERED INTO AND
 RECORDED A MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT.
   (13) "ELIGIBLE RENTAL BUILDING" SHALL MEAN AN EXISTING BUILDING THAT:
   (A)  IS A CLASS A MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS
 ARE OPERATED AS RENTAL HOUSING;
   (B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND
   (C) SATISFIES ONE OF THE FOLLOWING CONDITIONS:
   (I) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH BUILDING
 ARE AFFORDABLE RENTAL UNITS;
   (II) SUCH BUILDING IS OWNED AND OPERATED BY A  LIMITED-PROFIT  HOUSING
 COMPANY; OR
   (III)  SUCH  BUILDING  IS  THE  RECIPIENT  OF SUBSTANTIAL GOVERNMENTAL
 ASSISTANCE.
   (14) "EXISTING BUILDING" SHALL MEAN AN ENCLOSED STRUCTURE WHICH:
   (A) IS PERMANENTLY AFFIXED TO THE LAND;
   (B) HAS ONE OR MORE FLOORS AND A ROOF;
   (C) IS BOUNDED BY WALLS;
   (D) HAS AT LEAST ONE PRINCIPAL ENTRANCE UTILIZED FOR DAY-TO-DAY PEDES-
 TRIAN INGRESS AND EGRESS;
   (E) HAS A CERTIFICATE OF OCCUPANCY OR EQUIVALENT DOCUMENT THAT  IS  IN
 EFFECT PRIOR TO THE COMMENCEMENT DATE; AND
   (F)  EXCLUSIVE OF THE LAND, HAS AN ASSESSED VALUATION OF MORE THAN ONE
 THOUSAND DOLLARS FOR THE FISCAL YEAR IMMEDIATELY PRECEDING THE COMMENCE-
 MENT DATE.
   (15) "HOMEOWNERSHIP AVERAGE ASSESSED VALUATION LIMITATION" SHALL  MEAN
 AN  AVERAGE ASSESSED VALUATION OF FORTY-FIVE THOUSAND DOLLARS PER DWELL-
 ING UNIT.
   (16) "LIMITED-PROFIT HOUSING COMPANY" SHALL HAVE THE SAME  MEANING  AS
 "COMPANY"  SET  FORTH  IN  SECTION TWELVE OF THE PRIVATE HOUSING FINANCE
 LAW.
   (17) "MARKET RENTAL UNIT" SHALL MEAN A DWELLING UNIT  IN  AN  ELIGIBLE
 RENTAL BUILDING OTHER THAN AN AFFORDABLE RENTAL UNIT.
   (18)  "MARKETING  BAND"  SHALL  MEAN MAXIMUM RENT AMOUNTS RANGING FROM
 TWENTY PERCENT OF EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR
 S. 4006                            88                            A. 3006

 FAMILY SIZE, TO THIRTY PERCENT OF EIGHTY  PERCENT  OF  THE  AREA  MEDIAN
 INCOME, ADJUSTED FOR FAMILY SIZE.
   (19)  "MINIMUM  SCOPE  OF WORK THRESHOLD" SHALL MEAN A TOTAL AMOUNT OF
 CERTIFIED REASONABLE COST ESTABLISHED BY RULES AND  REGULATIONS  OF  THE
 LOCAL  HOUSING  AGENCY,  PROVIDED THAT SUCH AMOUNT SHALL BE NO LESS THAN
 ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH DWELLING UNIT IN EXISTENCE ON
 THE COMPLETION DATE.
   (20) "MULTIPLE DWELLING" SHALL  HAVE  THE  MEANING  AS  SET  FORTH  IN
 SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   (21)  "MUTUAL  COMPANY" SHALL HAVE THE MEANING AS SET FORTH IN SECTION
 TWELVE OF THE PRIVATE HOUSING FINANCE LAW.
   (22) "MUTUAL COMPANY REGULATORY AGREEMENT" SHALL MEAN  A  BINDING  AND
 IRREVOCABLE  AGREEMENT  BETWEEN A MUTUAL COMPANY AND THE COMMISSIONER OF
 HOUSING, THE MUTUAL COMPANY SUPERVISING AGENCY, THE NEW YORK CITY  HOUS-
 ING DEVELOPMENT CORPORATION, OR THE NEW YORK STATE HOUSING FINANCE AGEN-
 CY  PROHIBITING THE DISSOLUTION OR RECONSTITUTION OF SUCH MUTUAL COMPANY
 PURSUANT TO SECTION THIRTY-FIVE OF THE PRIVATE HOUSING FINANCE  LAW  FOR
 NOT  LESS  THAN  FIFTEEN  YEARS  FROM THE COMMENCEMENT OF REHABILITATION
 PROGRAM BENEFITS FOR THE EXISTING BUILDING OWNED AND  OPERATED  BY  SUCH
 MUTUAL COMPANY.
   (23)  "MUTUAL COMPANY SUPERVISING AGENCY" SHALL HAVE THE SAME MEANING,
 WITH RESPECT TO ANY MUTUAL COMPANY, AS "SUPERVISING AGENCY" SET FORTH IN
 SECTION TWO OF THE PRIVATE HOUSING FINANCE LAW.
   (24) "MUTUAL REDEVELOPMENT COMPANY" SHALL HAVE  THE  SAME  MEANING  AS
 "MUTUAL"  WHEN  APPLIED  TO  A  REDEVELOPMENT  COMPANY,  AS SET FORTH IN
 SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW.
   (25) "MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT" SHALL MEAN  A
 BINDING AND IRREVOCABLE AGREEMENT BETWEEN A MUTUAL REDEVELOPMENT COMPANY
 AND  THE  COMMISSIONER OF HOUSING, THE REDEVELOPMENT COMPANY SUPERVISING
 AGENCY, THE NEW YORK CITY HOUSING DEVELOPMENT CORPORATION,  OR  THE  NEW
 YORK  STATE HOUSING FINANCE AGENCY PROHIBITING THE DISSOLUTION OR RECON-
 STITUTION OF SUCH MUTUAL REDEVELOPMENT COMPANY PURSUANT TO  SECTION  ONE
 HUNDRED TWENTY-THREE OF THE PRIVATE HOUSING FINANCE LAW UNTIL THE EARLI-
 ER OF:
   (A)  FIFTEEN  YEARS  FROM  THE  COMMENCEMENT OF REHABILITATION PROGRAM
 BENEFITS FOR THE EXISTING BUILDING OWNED AND  OPERATED  BY  SUCH  MUTUAL
 REDEVELOPMENT COMPANY; OR
   (B)  THE  EXPIRATION OF ANY TAX EXEMPTION GRANTED TO SUCH MUTUAL REDE-
 VELOPMENT COMPANY PURSUANT TO SECTION ONE  HUNDRED  TWENTY-FIVE  OF  THE
 PRIVATE HOUSING FINANCE LAW.
   (26)  "REDEVELOPMENT COMPANY" SHALL HAVE THE SAME MEANING AS SET FORTH
 IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW.
   (27) "REDEVELOPMENT COMPANY SUPERVISING AGENCY" SHALL  HAVE  THE  SAME
 MEANING,  WITH  RESPECT  TO  ANY  REDEVELOPMENT COMPANY, AS "SUPERVISING
 AGENCY" SET FORTH IN SECTION ONE HUNDRED  TWO  OF  THE  PRIVATE  HOUSING
 FINANCE LAW.
   (28)  "REHABILITATION  PROGRAM  BENEFITS" SHALL MEAN ABATEMENT OF REAL
 PROPERTY TAXES PURSUANT TO THIS SUBDIVISION.
   (29) "RENT REGULATION" SHALL MEAN, COLLECTIVELY, THE EMERGENCY HOUSING
 RENT CONTROL LAW, ANY LOCAL LAW ENACTED PURSUANT TO THE LOCAL  EMERGENCY
 HOUSING RENT CONTROL ACT, THE RENT STABILIZATION 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-THREE
 THAT ADDED THIS SUBDIVISION, OR AS ANY SUCH STATUTE IS AMENDED THEREAFT-
 S. 4006                            89                            A. 3006

 ER, TOGETHER WITH  ANY  SUCCESSOR  STATUTES  OR  REGULATIONS  ADDRESSING
 SUBSTANTIALLY THE SAME SUBJECT MATTER.
   (30)  "RESTRICTION PERIOD" SHALL MEAN, NOTWITHSTANDING ANY TERMINATION
 OR REVOCATION OF REHABILITATION PROGRAM BENEFITS PRIOR TO  SUCH  PERIOD,
 FIFTEEN  YEARS  FROM THE INITIAL RECEIPT OF REHABILITATION PROGRAM BENE-
 FITS, OR SUCH ADDITIONAL PERIOD OF TIME AS MAY BE  IMPOSED  PURSUANT  TO
 CLAUSE (A) OF SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS SUBDIVISION.
   (31)  "SUBSTANTIAL  GOVERNMENTAL ASSISTANCE" SHALL MEAN GRANTS, LOANS,
 OR SUBSIDIES FROM ANY FEDERAL, STATE OR  LOCAL  GOVERNMENTAL  AGENCY  OR
 INSTRUMENTALITY  IN  FURTHERANCE  OF  A  PROGRAM  FOR THE DEVELOPMENT OF
 AFFORDABLE HOUSING APPROVED BY THE LOCAL HOUSING AGENCY,  PROVIDED  THAT
 SUCH GRANTS, LOANS, OR SUBSIDIES ARE PROVIDED IN ACCORDANCE WITH A REGU-
 LATORY  AGREEMENT  ENTERED INTO WITH SUCH AGENCY OR INSTRUMENTALITY THAT
 IS IN EFFECT AS OF THE FILING DATE OF THE APPLICATION FOR A  CERTIFICATE
 OF ELIGIBILITY AND REASONABLE COST.
   (32)  "SUBSTANTIAL  INTEREST"  SHALL MEAN AN OWNERSHIP INTEREST OF TEN
 PERCENT OR MORE.
   (B) ABATEMENT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION
 OF THIS SECTION OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
 ANY CITY TO WHICH  THE  MULTIPLE  DWELLING  LAW  IS  APPLICABLE,  ACTING
 THROUGH  ITS LOCAL LEGISLATIVE BODY OR OTHER GOVERNING AGENCY, IS HEREBY
 AUTHORIZED AND EMPOWERED, UNTIL AND INCLUDING JUNE THIRTIETH, TWO  THOU-
 SAND  TWENTY-FIVE, TO ADOPT AND AMEND LOCAL LAWS OR ORDINANCES PROVIDING
 AN ABATEMENT OF REAL PROPERTY TAXES ON AN  ELIGIBLE  BUILDING  IN  WHICH
 ELIGIBLE CONSTRUCTION HAS BEEN COMPLETED, PROVIDED THAT:
   (1)  SUCH  ABATEMENT SHALL NOT EXCEED SEVENTY PERCENT OF THE CERTIFIED
 REASONABLE COST OF THE ELIGIBLE CONSTRUCTION, AS DETERMINED UNDER  RULES
 AND REGULATIONS OF THE LOCAL HOUSING AGENCY;
   (2) SUCH ABATEMENT SHALL NOT BE EFFECTIVE FOR MORE THAN TWENTY YEARS;
   (3)  THE  ANNUAL  ABATEMENT  OF  REAL  PROPERTY TAXES ON SUCH ELIGIBLE
 BUILDING SHALL NOT EXCEED EIGHT  AND  ONE-THIRD  PERCENT  OF  THE  TOTAL
 CERTIFIED REASONABLE COST OF SUCH ELIGIBLE CONSTRUCTION;
   (4)  THE  ANNUAL  ABATEMENT  OF  REAL  PROPERTY TAXES ON SUCH ELIGIBLE
 BUILDING IN ANY CONSECUTIVE TWELVE-MONTH PERIOD SHALL IN NO EVENT EXCEED
 THE AMOUNT OF REAL PROPERTY TAXES PAYABLE IN  SUCH  TWELVE-MONTH  PERIOD
 FOR  SUCH  BUILDING,  PROVIDED,  HOWEVER,  THAT SUCH ABATEMENT SHALL NOT
 EXCEED FIFTY PERCENT OF THE AMOUNT OF REAL  PROPERTY  TAXES  PAYABLE  IN
 SUCH TWELVE-MONTH PERIOD FOR ANY OF THE FOLLOWING:
   (A)  AN  ELIGIBLE  RENTAL  BUILDING  OWNED BY A LIMITED-PROFIT HOUSING
 COMPANY OR A REDEVELOPMENT COMPANY; (B) AN ELIGIBLE HOMEOWNERSHIP BUILD-
 ING; AND
   (C) AN ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING; AND
   (5) SUCH ABATEMENT SHALL BECOME EFFECTIVE  BEGINNING  WITH  THE  FIRST
 QUARTERLY  TAX  BILL  IMMEDIATELY  FOLLOWING THE DATE OF ISSUANCE OF THE
 CERTIFICATE OF ELIGIBILITY AND REASONABLE COST.
   (C) AUTHORITY OF CITY TO ADOPT RULES AND REGULATIONS. ANY  SUCH  LOCAL
 LAW  OR ORDINANCE SHALL AUTHORIZE THE ADOPTION OF RULES AND REGULATIONS,
 NOT INCONSISTENT WITH THIS SUBDIVISION, BY THE LOCAL HOUSING AGENCY  AND
 ANY OTHER LOCAL AGENCY NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVI-
 SION.
   (D)  APPLICATIONS.  (1)  ANY SUCH LOCAL LAW OR ORDINANCE SHALL REQUIRE
 THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST
 PURSUANT TO THIS SUBDIVISION BE MADE AFTER THE COMPLETION DATE AND ON OR
 BEFORE THE LATER OF (A) FOUR MONTHS FROM  THE  EFFECTIVE  DATE  OF  SUCH
 LOCAL LAW OR ORDINANCE; OR (B) FOUR MONTHS FROM SUCH COMPLETION DATE.
 S. 4006                            90                            A. 3006
 
   (2)  SUCH  APPLICATION SHALL INCLUDE EVIDENCE OF ELIGIBILITY FOR REHA-
 BILITATION PROGRAM BENEFITS AND EVIDENCE OF REASONABLE COST AS SHALL  BE
 SATISFACTORY  TO THE LOCAL HOUSING AGENCY INCLUDING, BUT NOT LIMITED TO,
 EVIDENCE SHOWING THE COST OF ELIGIBLE CONSTRUCTION.
   (3) THE LOCAL HOUSING AGENCY SHALL REQUIRE A NON-REFUNDABLE FILING FEE
 THAT  SHALL  BE  PAID  BY  A CERTIFIED CHECK OR CASHIER'S CHECK UPON THE
 FILING OF AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE
 COST. SUCH FEE SHALL BE (A) ONE THOUSAND DOLLARS, PLUS (B)  SEVENTY-FIVE
 DOLLARS  FOR  EACH  DWELLING UNIT IN EXCESS OF SIX DWELLING UNITS IN THE
 ELIGIBLE BUILDING THAT IS THE SUBJECT OF SUCH APPLICATION.
   (4) ANY APPLICATION THAT IS FILED PURSUANT TO THIS PARAGRAPH  THAT  IS
 MISSING  ANY  OF  THE  INFORMATION AND DOCUMENTATION REQUIRED AT INITIAL
 FILING BY SUCH LOCAL LAW OR ORDINANCE AND ANY RULES AND  REGULATIONS  OF
 THE  LOCAL  HOUSING AGENCY SHALL BE DENIED, PROVIDED THAT A NEW APPLICA-
 TION FOR THE SAME ELIGIBLE CONSTRUCTION, TOGETHER WITH A NEW NON-REFUND-
 ABLE FILING FEE, MAY BE FILED WITHIN FIFTEEN DAYS OF THE DATE  OF  ISSU-
 ANCE OF SUCH DENIAL. IF SUCH SECOND APPLICATION IS ALSO MISSING ANY SUCH
 REQUIRED  INFORMATION  AND  DOCUMENTATION,  IT  SHALL  BE  DENIED AND NO
 FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMIT-
 TED.
   (5) THE FAILURE OF AN APPLICANT TO RESPOND  TO  ANY  CHECKLIST  WITHIN
 THIRTY  DAYS  OF  THE  DATE  OF ITS ISSUANCE BY THE LOCAL HOUSING AGENCY
 SHALL RESULT IN DENIAL OF SUCH APPLICATION, AND NO FURTHER  APPLICATIONS
 FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMITTED. THE LOCAL HOUSING
 AGENCY  SHALL  ISSUE  NOT MORE THAN THREE CHECKLISTS PER APPLICATION. AN
 APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE  COST  SHALL
 BE DENIED WHEN THE LOCAL HOUSING AGENCY DOES NOT HAVE A SUFFICIENT BASIS
 TO  ISSUE  A  CERTIFICATE  OF  ELIGIBILITY AND REASONABLE COST AFTER THE
 TIMELY RESPONSE OF AN APPLICANT TO THE THIRD CHECKLIST  CONCERNING  SUCH
 APPLICATION.    AFTER THE LOCAL HOUSING AGENCY HAS DENIED AN APPLICATION
 FOR THE REASON DESCRIBED IN THE PRECEDING SENTENCE,  SUCH  AGENCY  SHALL
 PERMIT NO FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION.
   (6)  AN  APPLICATION  FOR  A CERTIFICATE OF ELIGIBILITY AND REASONABLE
 COST SHALL ALSO INCLUDE AN AFFIDAVIT OF NO HARASSMENT.
   (A) SUCH AFFIDAVIT SHALL SET FORTH THE FOLLOWING INFORMATION:
   (I) THE NAME OF EVERY OWNER OF  RECORD  AND  OWNER  OF  A  SUBSTANTIAL
 INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING
 OR SPONSORING THE ELIGIBLE CONSTRUCTION; AND
   (II)  A STATEMENT THAT NONE OF SUCH PERSONS HAD, WITHIN THE FIVE YEARS
 PRIOR TO THE COMPLETION DATE, BEEN FOUND TO HAVE HARASSED OR  UNLAWFULLY
 EVICTED  TENANTS  BY  JUDGMENT  OR  DETERMINATION  OF A COURT OR AGENCY,
 INCLUDING A NON-GOVERNMENTAL AGENCY HAVING APPROPRIATE  LEGAL  JURISDIC-
 TION,  UNDER  THE  PENAL LAW, ANY STATE OR LOCAL LAW REGULATING RENTS OR
 ANY STATE OR LOCAL LAW RELATING TO HARASSMENT  OF  TENANTS  OR  UNLAWFUL
 EVICTION.
   (B)  NO  ELIGIBLE BUILDING SHALL BE ELIGIBLE FOR AN ABATEMENT PURSUANT
 TO PARAGRAPH (B) OF THIS SUBDIVISION WHERE:
   (I) ANY AFFIDAVIT REQUIRED UNDER THIS SUBPARAGRAPH HAS NOT BEEN FILED;
   (II) ANY SUCH AFFIDAVIT CONTAINS A WILLFUL MISREPRESENTATION OR  OMIS-
 SION OF ANY MATERIAL FACT; OR
   (III)  ANY  OWNER  OF RECORD OR OWNER OF A SUBSTANTIAL INTEREST IN THE
 ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING  OR  SPONSORING
 THE  ELIGIBLE  CONSTRUCTION HAS BEEN FOUND, BY JUDGMENT OR DETERMINATION
 OF A COURT OR AGENCY, INCLUDING A NON-GOVERNMENTAL AGENCY HAVING  APPRO-
 PRIATE  LEGAL  JURISDICTION, UNDER THE PENAL LAW, ANY STATE OR LOCAL LAW
 REGULATING RENTS OR ANY STATE OR LOCAL LAW  RELATING  TO  HARASSMENT  OF
 S. 4006                            91                            A. 3006
 
 TENANTS  OR  UNLAWFUL  EVICTION, TO HAVE, WITHIN THE FIVE YEARS PRIOR TO
 THE COMPLETION DATE, HARASSED OR UNLAWFULLY EVICTED TENANTS,  UNTIL  AND
 UNLESS THE FINDING IS REVERSED ON APPEAL.
   (C)  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
 LAW TO THE CONTRARY, THE CORPORATION COUNSEL OR  OTHER  LEGAL  REPRESEN-
 TATIVE  OF  A  CITY  HAVING  A  POPULATION OF ONE MILLION OR MORE OR THE
 DISTRICT ATTORNEY OF ANY COUNTY, MAY INSTITUTE AN ACTION  OR  PROCEEDING
 IN ANY COURT OF COMPETENT JURISDICTION THAT MAY BE APPROPRIATE OR NECES-
 SARY  TO DETERMINE WHETHER ANY OWNER OF RECORD OR OWNER OF A SUBSTANTIAL
 INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING
 OR SPONSORING THE  ELIGIBLE  CONSTRUCTION  HAS  HARASSED  OR  UNLAWFULLY
 EVICTED TENANTS AS DESCRIBED IN THIS SUBPARAGRAPH.
   (7)  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
 LAW TO THE CONTRARY, THE LOCAL HOUSING AGENCY MAY REQUIRE BY  RULES  AND
 REGULATIONS  THAT  AN  APPLICATION  FOR A CERTIFICATE OF ELIGIBILITY AND
 REASONABLE COST BE FILED ELECTRONICALLY.
   (E) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL BUILDING OTHER THAN
 ONE OWNED AND OPERATED BY A LIMITED-PROFIT  HOUSING  COMPANY.  ANY  SUCH
 LOCAL  LAW  OR  ORDINANCE  SHALL, IN ADDITION TO ALL OTHER CONDITIONS OF
 ELIGIBILITY FOR REHABILITATION PROGRAM BENEFITS SET FORTH IN THIS SUBDI-
 VISION, REQUIRE THAT AN ELIGIBLE RENTAL BUILDING, OTHER THAN  ONE  OWNED
 AND  OPERATED  BY A LIMITED-PROFIT HOUSING COMPANY, ALSO COMPLY WITH ALL
 PROVISIONS OF THIS PARAGRAPH. NOTWITHSTANDING THE FOREGOING, AN ELIGIBLE
 RENTAL BUILDING  THAT  IS  THE  RECIPIENT  OF  SUBSTANTIAL  GOVERNMENTAL
 ASSISTANCE  SHALL  NOT  BE  REQUIRED  TO  COMPLY  WITH THE PROVISIONS OF
 SUBPARAGRAPH THREE OF THIS PARAGRAPH.
   (1) NOTWITHSTANDING ANY PROVISION OF RENT REGULATION TO THE  CONTRARY,
 ANY  MARKET  RENTAL UNIT WITHIN SUCH ELIGIBLE RENTAL BUILDING SUBJECT TO
 RENT REGULATION AS OF THE FILING DATE OF THE APPLICATION FOR  A  CERTIF-
 ICATE  OF ELIGIBILITY AND REASONABLE COST AND ANY AFFORDABLE RENTAL UNIT
 WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE SUBJECT TO RENT REGULATION
 UNTIL SUCH UNIT  FIRST  BECOMES  VACANT  AFTER  THE  EXPIRATION  OF  THE
 RESTRICTION  PERIOD  AT WHICH TIME SUCH UNIT, UNLESS IT WOULD BE SUBJECT
 TO RENT REGULATION FOR REASONS OTHER THAN THE PROVISIONS OF THIS  SUBDI-
 VISION,  SHALL  BE  DEREGULATED,  PROVIDED,  HOWEVER,  THAT  DURING  THE
 RESTRICTION PERIOD, NO EXEMPTION OR EXCLUSION FROM  ANY  REQUIREMENT  OF
 RENT REGULATION SHALL APPLY TO SUCH DWELLING UNITS.
   (2)  ADDITIONAL  REQUIREMENTS  FOR AN ELIGIBLE RENTAL BUILDING THAT IS
 NOT A RECIPIENT OF SUBSTANTIAL GOVERNMENTAL ASSISTANCE.
   (A) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH ELIGIBLE
 RENTAL BUILDING SHALL BE DESIGNATED AS AFFORDABLE RENTAL UNITS.
   (B) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL  ENSURE  THAT  NO
 AFFORDABLE RENTAL UNIT IS HELD OFF THE MARKET FOR A PERIOD THAT IS LONG-
 ER THAN REASONABLY NECESSARY.
   (C)  THE  OWNER  OF  SUCH  ELIGIBLE  RENTAL  BUILDING  SHALL WAIVE THE
 COLLECTION OF ANY MAJOR CAPITAL IMPROVEMENT RENT INCREASE GRANTED BY THE
 NEW YORK STATE DIVISION OF HOUSING AND  COMMUNITY  RENEWAL  PURSUANT  TO
 RENT  REGULATION THAT IS ATTRIBUTABLE TO ELIGIBLE CONSTRUCTION FOR WHICH
 SUCH ELIGIBLE RENTAL BUILDING RECEIVES REHABILITATION PROGRAM  BENEFITS,
 AND SHALL FILE A DECLARATION WITH THE NEW YORK STATE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL PROVIDING SUCH WAIVER.
   (D)  AN  AFFORDABLE  RENTAL  UNIT  SHALL NOT BE RENTED ON A TEMPORARY,
 TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL  THEREOF  FOR  AN
 AFFORDABLE  RENTAL  UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE
 OPTION OF THE TENANT, AND SHALL INCLUDE A NOTICE  IN  AT  LEAST  TWELVE-
 POINT TYPE INFORMING SUCH TENANT OF THEIR RIGHTS PURSUANT TO THIS SUBDI-
 S. 4006                            92                            A. 3006
 
 VISION,  INCLUDING  AN EXPLANATION OF THE RESTRICTIONS ON RENT INCREASES
 THAT MAY BE IMPOSED ON SUCH AFFORDABLE RENTAL UNIT.
   (E)  THE  LOCAL  HOUSING AGENCY MAY ESTABLISH BY RULES AND REGULATIONS
 SUCH REQUIREMENTS AS THE LOCAL HOUSING AGENCY DEEMS NECESSARY OR  APPRO-
 PRIATE  FOR  DESIGNATING  AFFORDABLE  RENTAL  UNITS,  INCLUDING, BUT NOT
 LIMITED TO, DESIGNATING THE UNIT MIX AND  DISTRIBUTION  REQUIREMENTS  OF
 SUCH AFFORDABLE RENTAL UNITS IN AN ELIGIBLE BUILDING.
   (3)  THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL NOT ENGAGE IN OR
 CAUSE ANY HARASSMENT OF THE TENANTS OF SUCH ELIGIBLE RENTAL BUILDING  OR
 UNLAWFULLY EVICT ANY SUCH TENANTS DURING THE RESTRICTION PERIOD.
   (4)  NO  DWELLING  UNITS WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE
 CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP DURING THE RESTRICTION
 PERIOD.
   (5) ANY  NON-COMPLIANCE  OF  AN  ELIGIBLE  RENTAL  BUILDING  WITH  THE
 PROVISIONS  OF  THIS  PARAGRAPH SHALL PERMIT THE LOCAL HOUSING AGENCY TO
 TAKE THE FOLLOWING ACTION:
   (A) EXTEND THE RESTRICTION PERIOD;
   (B) INCREASE THE NUMBER OF AFFORDABLE RENTAL UNITS  IN  SUCH  ELIGIBLE
 RENTAL BUILDING;
   (C)  IMPOSE  A  PENALTY  OF  NOT MORE THAN THE PRODUCT OF ONE THOUSAND
 DOLLARS PER INSTANCE OF NON-COMPLIANCE AND THE NUMBER OF DWELLING  UNITS
 CONTAINED IN SUCH ELIGIBLE RENTAL BUILDING; AND
   (D) TERMINATE OR REVOKE ANY REHABILITATION PROGRAM BENEFITS IN ACCORD-
 ANCE WITH PARAGRAPH (M) OF THIS SUBDIVISION.
   (F)  COMPLIANCE  WITH  APPLICABLE LAW. ANY SUCH LOCAL LAW OR ORDINANCE
 MAY ALSO PROVIDE THAT  REHABILITATION  PROGRAM  BENEFITS  SHALL  NOT  BE
 ALLOWED  FOR ANY ELIGIBLE BUILDING UNLESS AND UNTIL SUCH ELIGIBLE BUILD-
 ING COMPLIES WITH ALL APPLICABLE PROVISIONS OF LAW.
   (G) IMPLEMENTATION OF REHABILITATION PROGRAM BENEFITS.  UPON  ISSUANCE
 OF  A  CERTIFICATE  OF  ELIGIBILITY  AND  REASONABLE COST AND PAYMENT OF
 OUTSTANDING FEES, THE LOCAL HOUSING AGENCY SHALL BE AUTHORIZED TO TRANS-
 MIT SUCH CERTIFICATE OF ELIGIBILITY AND REASONABLE  COST  TO  THE  LOCAL
 AGENCY  RESPONSIBLE FOR REAL PROPERTY TAX ASSESSMENT.  UPON RECEIPT OF A
 CERTIFICATE OF ELIGIBILITY AND REASONABLE COST, THE LOCAL AGENCY RESPON-
 SIBLE FOR REAL PROPERTY TAX ASSESSMENT SHALL CERTIFY THE AMOUNT OF TAXES
 TO BE ABATED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND  PURSUANT
 TO  SUCH  CERTIFICATE OF ELIGIBILITY AND REASONABLE COST PROVIDED BY THE
 LOCAL HOUSING AGENCY.
   (H) OUTSTANDING TAXES AND CHARGES. ANY SUCH  LOCAL  LAW  OR  ORDINANCE
 SHALL  ALSO  PROVIDE  THAT  REHABILITATION PROGRAM BENEFITS SHALL NOT BE
 ALLOWED FOR AN ELIGIBLE BUILDING IN EITHER OF THE FOLLOWING CASES:
   (1) THERE ARE OUTSTANDING REAL ESTATE TAXES OR WATER AND SEWER CHARGES
 OR PAYMENTS IN LIEU OF TAXES THAT ARE DUE AND OWING AS OF THE  LAST  DAY
 OF  THE  TAX PERIOD PRECEDING THE DATE OF THE RECEIPT OF THE CERTIFICATE
 OF ELIGIBILITY AND REASONABLE COST BY THE LOCAL AGENCY  RESPONSIBLE  FOR
 REAL PROPERTY TAX ASSESSMENT; OR
   (2)  REAL  ESTATE  TAXES  OR  WATER  AND SEWER CHARGES DUE AT ANY TIME
 DURING THE AUTHORIZED TERM OF SUCH BENEFITS REMAIN UNPAID FOR  ONE  YEAR
 AFTER THE SAME ARE DUE AND PAYABLE.
   (I) ADDITIONAL LIMITATIONS ON ELIGIBILITY. ANY SUCH LOCAL LAW OR ORDI-
 NANCE SHALL ALSO PROVIDE THAT:
   (1)  REHABILITATION  PROGRAM  BENEFITS  SHALL  NOT  BE ALLOWED FOR ANY
 ELIGIBLE BUILDING RECEIVING TAX EXEMPTION OR ABATEMENT CONCURRENTLY  FOR
 REHABILITATION OR NEW CONSTRUCTION UNDER ANY OTHER PROVISION OF STATE OR
 LOCAL  LAW  OR ORDINANCE WITH THE EXCEPTION OF ANY ELIGIBLE CONSTRUCTION
 S. 4006                            93                            A. 3006
 
 TO AN ELIGIBLE BUILDING RECEIVING A TAX EXEMPTION OR ABATEMENT UNDER THE
 PROVISIONS OF THE PRIVATE HOUSING FINANCE LAW;
   (2)  REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR ANY ITEM
 OF ELIGIBLE CONSTRUCTION IN AN ELIGIBLE BUILDING IF SUCH ELIGIBLE BUILD-
 ING IS RECEIVING TAX EXEMPTION OR ABATEMENT FOR THE SAME  OR  A  SIMILAR
 ITEM  OF ELIGIBLE CONSTRUCTION AS OF THE DECEMBER THIRTY-FIRST PRECEDING
 THE DATE OF APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND  REASONABLE
 COST FOR SUCH REHABILITATION PROGRAM BENEFITS;
   (3)  WHERE THE ELIGIBLE CONSTRUCTION INCLUDES OR BENEFITS A PORTION OF
 AN ELIGIBLE BUILDING THAT IS NOT OCCUPIED  FOR  DWELLING  PURPOSES,  THE
 ASSESSED  VALUATION OF SUCH ELIGIBLE BUILDING AND THE COST OF THE ELIGI-
 BLE CONSTRUCTION SHALL BE APPORTIONED  SO  THAT  REHABILITATION  PROGRAM
 BENEFITS  SHALL NOT BE PROVIDED FOR ELIGIBLE CONSTRUCTION MADE FOR OTHER
 THAN DWELLING PURPOSES; AND
   (4) REHABILITATION PROGRAM BENEFITS SHALL NOT BE APPLIED TO  ABATE  OR
 REDUCE  THE  TAXES  UPON  THE LAND PORTION OF REAL PROPERTY, WHICH SHALL
 CONTINUE TO BE TAXED BASED UPON THE ASSESSED VALUATION OF THE  LAND  AND
 THE APPLICABLE TAX RATE AT THE TIME SUCH TAXES ARE LEVIED.
   (J)  RE-INSPECTION PENALTY. ANY SUCH LOCAL LAW OR ORDINANCE SHALL ALSO
 PROVIDE THAT IF THE LOCAL HOUSING  AGENCY  CANNOT  VERIFY  THE  ELIGIBLE
 CONSTRUCTION  CLAIMED  BY  AN APPLICANT UPON THE FIRST INSPECTION BY THE
 LOCAL HOUSING AGENCY OF THE ELIGIBLE BUILDING, SUCH APPLICANT  SHALL  BE
 REQUIRED  TO  PAY TEN TIMES THE ACTUAL COST OF ANY ADDITIONAL INSPECTION
 NEEDED TO VERIFY SUCH ELIGIBLE CONSTRUCTION.
   (K) STRICT LIABILITY FOR INACCURATE APPLICATIONS. ANY SUCH  LOCAL  LAW
 OR  ORDINANCE SHALL ALSO PROVIDE THAT IF THE LOCAL HOUSING AGENCY DETER-
 MINES THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY  AND  REASON-
 ABLE  COST  CONTAINS  A MATERIAL MISSTATEMENT OF FACT, THE LOCAL HOUSING
 AGENCY MAY REJECT SUCH APPLICATION AND BAR THE SUBMISSION OF  ANY  OTHER
 APPLICATION  PURSUANT  TO THIS SUBDIVISION WITH RESPECT TO SUCH ELIGIBLE
 BUILDING FOR A PERIOD NOT TO EXCEED THREE YEARS. AN APPLICANT SHALL  NOT
 BE RELIEVED FROM LIABILITY UNDER THIS PARAGRAPH BECAUSE IT SUBMITTED ITS
 APPLICATION UNDER A MISTAKEN BELIEF OF FACT.  FURTHERMORE, ANY PERSON OR
 ENTITY  THAT FILES MORE THAN SIX APPLICATIONS CONTAINING SUCH A MATERIAL
 MISSTATEMENT OF FACT WITHIN ANY TWELVE-MONTH PERIOD SHALL BE BARRED FROM
 SUBMITTING ANY NEW APPLICATION FOR REHABILITATION  PROGRAM  BENEFITS  ON
 BEHALF OF ANY ELIGIBLE BUILDING FOR A PERIOD NOT TO EXCEED FIVE YEARS.
   (L)  INVESTIGATORY  AUTHORITY.  ANY  SUCH LOCAL LAW OR ORDINANCE SHALL
 ALSO ALLOW THE LOCAL HOUSING AGENCY TO REQUIRE SUCH  CERTIFICATIONS  AND
 CONSENTS  NECESSARY  TO  ACCESS RECORDS, INCLUDING OTHER TAX RECORDS, AS
 MAY BE DEEMED APPROPRIATE TO ENFORCE  THE  ELIGIBILITY  REQUIREMENTS  OF
 THIS  SUBDIVISION. ANY SUCH LOCAL LAW OR ORDINANCE SHALL FURTHER PROVIDE
 THAT, FOR PURPOSES OF DETERMINING AND CERTIFYING ELIGIBILITY  FOR  REHA-
 BILITATION  PROGRAM  BENEFITS  AND  THE  REASONABLE COST OF ANY ELIGIBLE
 CONSTRUCTION, THE LOCAL HOUSING AGENCY SHALL BE AUTHORIZED TO:
   (1) ADMINISTER OATHS TO AND TAKE THE TESTIMONY OF ANY PERSON,  INCLUD-
 ING, BUT NOT LIMITED TO, THE OWNER OF SUCH ELIGIBLE BUILDING;
   (2)  ISSUE  SUBPOENAS REQUIRING THE ATTENDANCE OF SUCH PERSONS AND THE
 PRODUCTION OF ANY BILLS, BOOKS, PAPERS OR OTHER DOCUMENTS AS IT MAY DEEM
 NECESSARY;
   (3) MAKE PRELIMINARY ESTIMATES OF THE MAXIMUM REASONABLE COST OF  SUCH
 ELIGIBLE CONSTRUCTION;
   (4)  ESTABLISH MAXIMUM ALLOWABLE COSTS OF SPECIFIED UNITS, FIXTURES OR
 WORK IN SUCH ELIGIBLE CONSTRUCTION;
   (5) REQUIRE THE SUBMISSION OF PLANS AND SPECIFICATIONS OF SUCH  ELIGI-
 BLE CONSTRUCTION BEFORE THE COMMENCEMENT THEREOF;
 S. 4006                            94                            A. 3006
 
   (6) REQUIRE PHYSICAL ACCESS TO INSPECT THE ELIGIBLE BUILDING; AND
   (7)  ON  AN  ANNUAL  BASIS,  REQUIRE  THE SUBMISSION OF LEASES FOR ANY
 DWELLING UNIT IN A BUILDING GRANTED A  CERTIFICATE  OF  ELIGIBILITY  AND
 REASONABLE COST.
   (M)  TERMINATION  OR REVOCATION. ANY SUCH LOCAL LAW OR ORDINANCE SHALL
 PROVIDE THAT FAILURE TO COMPLY WITH THE PROVISIONS OF THIS  SUBDIVISION,
 ANY  SUCH  LOCAL LAW OR ORDINANCE, ANY RULES AND REGULATIONS PROMULGATED
 THEREUNDER, OR ANY MUTUAL COMPANY REGULATORY AGREEMENT OR  MUTUAL  REDE-
 VELOPMENT  COMPANY  REGULATORY  AGREEMENT  ENTERED  INTO THEREUNDER, MAY
 RESULT IN REVOCATION OF ANY REHABILITATION PROGRAM BENEFITS  RETROACTIVE
 TO  THE  COMMENCEMENT  THEREOF. SUCH TERMINATION OR REVOCATION SHALL NOT
 EXEMPT  SUCH  ELIGIBLE  BUILDING  FROM  CONTINUED  COMPLIANCE  WITH  THE
 REQUIREMENTS  OF  THIS  SUBDIVISION,  SUCH  LOCAL LAW OR ORDINANCE, SUCH
 RULES AND REGULATIONS, AND SUCH MUTUAL COMPANY REGULATORY  AGREEMENT  OR
 MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT.
   (N)  CRIMINAL  LIABILITY  FOR UNAUTHORIZED USES. ANY SUCH LOCAL LAW OR
 ORDINANCE SHALL ALSO PROVIDE THAT IN THE EVENT  THAT  ANY  RECIPIENT  OF
 REHABILITATION  PROGRAM BENEFITS USES ANY DWELLING UNIT IN SUCH ELIGIBLE
 BUILDING IN VIOLATION OF THE REQUIREMENTS OF SUCH LOCAL LAW OR ORDINANCE
 AS ADOPTED PURSUANT TO THIS SUBDIVISION AND ANY  RULES  AND  REGULATIONS
 PROMULGATED  PURSUANT  THERETO,  SUCH  RECIPIENT  SHALL  BE GUILTY OF AN
 UNCLASSIFIED MISDEMEANOR PUNISHABLE BY A FINE IN AN AMOUNT EQUIVALENT TO
 DOUBLE THE VALUE OF THE GAIN OF SUCH RECIPIENT FROM SUCH UNLAWFUL USE OR
 IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BOTH.
   (O) PRIVATE RIGHT OF  ACTION.  ANY  PROSPECTIVE,  PRESENT,  OR  FORMER
 TENANT  OF  AN  ELIGIBLE RENTAL BUILDING MAY SUE TO ENFORCE THE REQUIRE-
 MENTS AND PROHIBITIONS OF THIS SUBDIVISION, ANY SUCH LOCAL LAW OR  ORDI-
 NANCE,  OR  ANY  RULES  AND  REGULATIONS  PROMULGATED THEREUNDER, IN THE
 SUPREME COURT OF NEW YORK. ANY SUCH INDIVIDUAL HARMED  BY  REASON  OF  A
 VIOLATION  OF SUCH REQUIREMENTS AND PROHIBITIONS MAY SUE THEREFOR IN THE
 SUPREME COURT OF NEW YORK ON BEHALF OF HIMSELF  OR  HERSELF,  AND  SHALL
 RECOVER  THREEFOLD  THE  DAMAGES  SUSTAINED  AND  THE  COST OF THE SUIT,
 INCLUDING A REASONABLE ATTORNEY'S FEE. THE LOCAL HOUSING AGENCY MAY  USE
 ANY  COURT DECISION UNDER THIS PARAGRAPH THAT IS ADVERSE TO THE OWNER OF
 AN ELIGIBLE BUILDING  AS  THE  BASIS  FOR  FURTHER  ENFORCEMENT  ACTION.
 NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, AN ACTION BY A TENANT OF AN
 ELIGIBLE RENTAL BUILDING UNDER THIS PARAGRAPH MUST BE  COMMENCED  WITHIN
 SIX YEARS FROM THE DATE OF THE LATEST VIOLATION.
   (P)  APPOINTMENT OF RECEIVER. IN ADDITION TO THE REMEDIES FOR NON-COM-
 PLIANCE PROVIDED FOR IN SUBPARAGRAPH  FIVE  OF  PARAGRAPH  (E)  OF  THIS
 SUBDIVISION,  ANY  SUCH LOCAL LAW OR ORDINANCE MAY ALSO PROVIDE THAT THE
 LOCAL HOUSING AGENCY MAY MAKE  APPLICATION  FOR  THE  APPOINTMENT  OF  A
 RECEIVER  IN  ACCORDANCE WITH THE PROCEDURES CONTAINED IN SUCH LOCAL LAW
 OR ORDINANCE. ANY RECEIVER APPOINTED PURSUANT TO THIS PARAGRAPH SHALL BE
 AUTHORIZED, IN ADDITION TO ANY OTHER POWERS CONFERRED BY LAW, TO  EFFECT
 COMPLIANCE  WITH  THE  PROVISIONS OF THIS SUBDIVISION, SUCH LOCAL LAW OR
 ORDINANCE, AND RULES AND REGULATIONS OF THE LOCAL  HOUSING  AGENCY.  ANY
 EXPENDITURES  INCURRED  BY  THE RECEIVER TO EFFECT SUCH COMPLIANCE SHALL
 CONSTITUTE A DEBT OF THE OWNER AND A LIEN UPON THE  PROPERTY,  AND  UPON
 THE  RENTS  AND  INCOME  THEREOF,  IN  ACCORDANCE  WITH  THE  PROCEDURES
 CONTAINED IN SUCH LOCAL LAW OR ORDINANCE. THE LOCAL  HOUSING  AGENCY  IN
 ITS  DISCRETION  MAY  PROVIDE  FUNDS TO BE EXPENDED BY THE RECEIVER, AND
 SUCH FUNDS SHALL CONSTITUTE A DEBT RECOVERABLE FROM THE OWNER IN ACCORD-
 ANCE WITH APPLICABLE LOCAL LAWS OR ORDINANCES.
   (R) AUTHORITY OF CITY TO LIMIT LOCAL  LAW.  WHERE  A  CITY  ENACTS  OR
 AMENDS  A  LOCAL LAW OR ORDINANCE UNDER THIS SUBDIVISION, SUCH LOCAL LAW
 S. 4006                            95                            A. 3006
 
 OR ORDINANCE MAY RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY, SCOPE  OR
 AMOUNT  OF  REHABILITATION PROGRAM BENEFITS UNDER THE LOCAL LAW OR ORDI-
 NANCE IN ANY MANNER, PROVIDED THAT THE LOCAL LAW OR  ORDINANCE  MAY  NOT
 GRANT  REHABILITATION  PROGRAM  BENEFITS  BEYOND  THOSE PROVIDED IN THIS
 SUBDIVISION.
   § 2. This act shall take effect immediately.
 
                                  PART N
 
   Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 421-p to read as follows:
   §  421-P. EXEMPTION OF NEWLY-CONSTRUCTED RENTAL MULTIPLE DWELLINGS. 1.
 (A) A CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION
 OF RENTAL MULTIPLE DWELLINGS CONSTRUCTED IN A BENEFIT AREA DESIGNATED IN
 SUCH LOCAL LAW FROM TAXATION AND SPECIAL AD VALOREM LEVIES, AS  PROVIDED
 IN  THIS  SECTION.  SUBSEQUENT  TO THE ADOPTION OF SUCH A LOCAL LAW, ANY
 OTHER MUNICIPAL CORPORATION IN WHICH  THE  DESIGNATED  BENEFIT  AREA  IS
 LOCATED  MAY LIKEWISE EXEMPT SUCH PROPERTY FROM ITS TAXATION AND SPECIAL
 AD VALOREM LEVIES BY LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT,  BY
 RESOLUTION.
   (B)  AS  USED  IN THIS SECTION, THE TERM "BENEFIT AREA" MEANS THE AREA
 WITHIN A CITY, TOWN OR VILLAGE, DESIGNATED BY LOCAL  LAW,  TO  WHICH  AN
 EXEMPTION, ESTABLISHED PURSUANT TO THIS SECTION, APPLIES.
   (C)  THE TERM "RENTAL MULTIPLE DWELLING" MEANS A STRUCTURE, OTHER THAN
 A HOTEL, CONSISTING OF TWENTY OR MORE DWELLING UNITS, WHERE ALL  OF  THE
 UNITS  ARE  RENTED FOR RESIDENTIAL PURPOSES, AND AT LEAST TWENTY PERCENT
 OF SUCH UNITS, UPON INITIAL  RENTAL  AND  UPON  EACH  SUBSEQUENT  RENTAL
 FOLLOWING   A   VACANCY   DURING  THE  RESTRICTION  PERIOD  OR  EXTENDED
 RESTRICTION PERIOD, AS APPLICABLE, IS AFFORDABLE TO  AND  RESTRICTED  TO
 OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT
 EXCEED EIGHTY PERCENT OF THE AREA MEDIAN  INCOME,  ADJUSTED  FOR  FAMILY
 SIZE, ON AVERAGE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH
 DWELLING UNITS, PROVIDED FURTHER THAT ALL OF THE INCOME RESTRICTED UNITS
 UPON  INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY
 DURING THE RESTRICTION PERIOD OR EXTENDED RESTRICTION PERIOD, AS  APPLI-
 CABLE, SHALL BE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS
 OR  FAMILIES  WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED PERCENT
 OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT  THE  TIME  THAT
 SUCH  HOUSEHOLDS  INITIALLY OCCUPY SUCH DWELLING UNITS. SUCH RESTRICTION
 PERIOD SHALL BE IN EFFECT COTERMINOUS WITH THE BENEFIT PERIOD, PROVIDED,
 HOWEVER, THAT THE TENANT OR TENANTS IN  AN  INCOME  RESTRICTED  DWELLING
 UNIT  AT  THE  TIME SUCH RESTRICTION PERIOD ENDS SHALL HAVE THE RIGHT TO
 LEASE RENEWALS AT THE INCOME RESTRICTED LEVEL UNTIL SUCH  TIME  AS  SUCH
 TENANT OR TENANTS PERMANENTLY VACATE THE DWELLING UNIT.
   2.  ELIGIBLE  NEWLY-CONSTRUCTED  RENTAL MULTIPLE DWELLINGS IN A DESIG-
 NATED BENEFIT AREA SHALL BE WHOLLY  EXEMPT  FROM  TAXATION  WHILE  UNDER
 CONSTRUCTION,  SUBJECT  TO A MAXIMUM OF THREE YEARS. SUCH PROPERTY SHALL
 THEN BE EXEMPT FOR AN ADDITIONAL PERIOD OF TWENTY-FIVE YEARS,  PROVIDED,
 THAT  THE  EXEMPTION PERCENTAGE DURING SUCH ADDITIONAL PERIOD OF TWENTY-
 FIVE YEARS SHALL BEGIN AT NINETY-SIX PERCENT AND SHALL DECREASE BY  FOUR
 PERCENT EACH YEAR THEREAFTER. PROVIDED, HOWEVER:
   (A)  TAXES  SHALL  BE PAID DURING THE EXEMPTION PERIOD IN AN AMOUNT AT
 LEAST EQUAL TO THE TAXES PAID ON SUCH LAND AND ANY IMPROVEMENTS  THEREON
 DURING THE TAX YEAR PRECEDING THE COMMENCEMENT OF SUCH EXEMPTION.
   (B)  NO  OTHER  EXEMPTION  MAY  BE  GRANTED  CONCURRENTLY  TO THE SAME
 IMPROVEMENTS UNDER ANY OTHER SECTION OF LAW.
 S. 4006                            96                            A. 3006
 
   3. TO BE ELIGIBLE FOR EXEMPTION UNDER THIS SECTION, SUCH  CONSTRUCTION
 SHALL  TAKE PLACE ON VACANT, PREDOMINANTLY VACANT OR UNDERUTILIZED LAND,
 OR ON LAND IMPROVED WITH A NON-CONFORMING USE OR ON LAND CONTAINING  ONE
 OR  MORE  SUBSTANDARD  OR  STRUCTURALLY UNSOUND DWELLINGS, OR A DWELLING
 THAT HAS BEEN CERTIFIED AS UNSANITARY BY THE LOCAL HEALTH AGENCY.
   4.  APPLICATION  FOR  EXEMPTION  UNDER THIS SECTION SHALL BE MADE ON A
 FORM PRESCRIBED BY THE COMMISSIONER AND FILED WITH THE  ASSESSOR  ON  OR
 BEFORE THE APPLICABLE TAXABLE STATUS DATE.
   5.  IN  THE CASE OF NEWLY CONSTRUCTED PROPERTY WHICH IS USED PARTIALLY
 AS A RENTAL MULTIPLE DWELLING AND  PARTIALLY  FOR  COMMERCIAL  OR  OTHER
 PURPOSES,  THE PORTION OF THE NEWLY CONSTRUCTED PROPERTY THAT IS USED AS
 A RENTAL MULTIPLE DWELLING SHALL BE ELIGIBLE FOR THE  EXEMPTION  AUTHOR-
 IZED BY THIS SECTION IF:
   (A) THE SQUARE FOOTAGE OF THE PORTION USED AS A RENTAL MULTIPLE DWELL-
 ING  REPRESENTS  AT  LEAST  FIFTY  PERCENT  OF THE SQUARE FOOTAGE OF THE
 ENTIRE PROPERTY;
   (B) THE RENTAL UNITS ARE AFFORDABLE  TO  INDIVIDUALS  OR  FAMILIES  AS
 DETERMINED  ACCORDING  TO  THE  CRITERIA  SET  FORTH IN PARAGRAPH (C) OF
 SUBDIVISION ONE OF THIS SECTION; AND
   (C) THE REQUIREMENTS OF THIS  SECTION  ARE  OTHERWISE  SATISFIED  WITH
 RESPECT  TO THE PORTION OF THE PROPERTY USED AS A RENTAL MULTIPLE DWELL-
 ING.
   6. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE  IN
 A CITY WITH A POPULATION OF ONE MILLION OR MORE.
   7.  ANY RECIPIENT OF THE EXEMPTION AUTHORIZED BY THIS SECTION OR THEIR
 DESIGNEE SHALL CERTIFY COMPLIANCE WITH THE PROVISIONS  OF  THIS  SECTION
 UNDER  PENALTY  OF  PERJURY, AT SUCH TIME OR TIMES AND IN SUCH MANNER AS
 MAY BE PRESCRIBED IN THE LOCAL LAW ADOPTED BY THE CITY, TOWN OR  VILLAGE
 PURSUANT  TO  PARAGRAPH  (A) OF SUBDIVISION ONE OF THIS SECTION, OR BY A
 SUBSEQUENT LOCAL LAW. SUCH CITY, TOWN  OR  VILLAGE  MAY  ESTABLISH  SUCH
 PROCEDURES AS IT DEEMS NECESSARY FOR MONITORING AND ENFORCING COMPLIANCE
 OF AN ELIGIBLE BUILDING WITH THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART O
 
   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 421-p to read as follows:
   §  421-P.  EXEMPTION  OF  CAPITAL  IMPROVEMENTS  TO  RESIDENTIAL   NEW
 CONSTRUCTION  INVOLVING  THE  CREATION  OF  ACCESSORY DWELLING UNITS. 1.
 RESIDENTIAL  BUILDINGS  RECONSTRUCTED,  ALTERED,  IMPROVED,   OR   NEWLY
 CONSTRUCTED IN ORDER TO CREATE ONE OR MORE ADDITIONAL RESIDENTIAL DWELL-
 ING  UNITS  ON THE SAME PARCEL AS A PRE-EXISTING RESIDENTIAL BUILDING TO
 PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS SUBSEQUENT
 TO THE EFFECTIVE DATE OF A LOCAL LAW OR RESOLUTION ENACTED  PURSUANT  TO
 THIS SECTION SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES
 TO  THE EXTENT PROVIDED HEREINAFTER. AFTER A PUBLIC HEARING, THE GOVERN-
 ING BOARD OF A COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A LOCAL LAW AND A
 SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT SUBJECT TO ARTICLE  FIFTY-
 TWO  OF THE EDUCATION LAW, MAY ADOPT A RESOLUTION TO GRANT THE EXEMPTION
 AUTHORIZED PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL LAW OR  RESOL-
 UTION  SHALL  BE  FILED  WITH  THE COMMISSIONER AND THE ASSESSOR OF SUCH
 COUNTY, CITY, TOWN OR VILLAGE WHO PREPARES THE ASSESSMENT ROLL ON  WHICH
 THE  TAXES  OF  SUCH  COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT ARE
 LEVIED.
 S. 4006                            97                            A. 3006
 
   2. (A) SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF  FIVE  YEARS  TO
 THE  EXTENT  OF ONE HUNDRED PER CENTUM OF THE INCREASE IN ASSESSED VALUE
 THEREOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR
 NEW CONSTRUCTION FOR SUCH ADDITIONAL  RESIDENTIAL  UNIT  OR  UNITS  THAT
 PROVIDE  INDEPENDENT  LIVING FACILITIES FOR ONE OR MORE PERSONS, AND FOR
 AN ADDITIONAL PERIOD OF FIVE YEARS SUBJECT TO THE FOLLOWING:
   (I) THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWENTY-FIVE PER
 CENTUM OF THE "EXEMPTION BASE" FOR EACH OF THE FIRST THREE YEARS  DURING
 SUCH  ADDITIONAL  PERIOD  AND  SHALL  BE  DECREASED BY A FURTHER TEN PER
 CENTUM OF THE "EXEMPTION BASE" DURING EACH OF THE  FINAL  TWO  YEARS  OF
 SUCH  ADDITIONAL  PERIOD.  THE  EXEMPTION SHALL EXPIRE AT THE END OF THE
 EXTENDED PERIOD.  THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED
 VALUE AS DETERMINED IN THE INITIAL YEAR OF THE TERM  OF  THE  EXEMPTION,
 EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (II)  IN  ANY YEAR IN WHICH A CHANGE IN LEVEL OF ASSESSMENT OF FIFTEEN
 PERCENT OR MORE IS CERTIFIED FOR A FINAL ASSESSMENT ROLL PURSUANT TO THE
 RULES OF THE COMMISSIONER, THE EXEMPTION BASE SHALL BE MULTIPLIED  BY  A
 FRACTION,  THE  NUMERATOR  OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF
 THE PARCEL ON SUCH FINAL ASSESSMENT ROLL (AFTER ACCOUNTING FOR ANY PHYS-
 ICAL OR QUANTITY CHANGES TO THE PARCEL SINCE THE  IMMEDIATELY  PRECEDING
 ASSESSMENT  ROLL),  AND  THE  DENOMINATOR  OF  WHICH  SHALL BE THE TOTAL
 ASSESSED VALUE OF THE PARCEL ON THE IMMEDIATELY PRECEDING FINAL  ASSESS-
 MENT  ROLL.  THE  RESULT  SHALL BE THE NEW EXEMPTION BASE. THE EXEMPTION
 SHALL THEREUPON BE RECOMPUTED TO TAKE INTO  ACCOUNT  THE  NEW  EXEMPTION
 BASE,  NOTWITHSTANDING THE FACT THAT THE ASSESSOR RECEIVES CERTIFICATION
 OF THE CHANGE IN LEVEL OF ASSESSMENT AFTER THE COMPLETION,  VERIFICATION
 AND  FILING OF THE FINAL ASSESSMENT ROLL. IN THE EVENT THE ASSESSOR DOES
 NOT HAVE CUSTODY OF THE ROLL WHEN SUCH CERTIFICATION  IS  RECEIVED,  THE
 ASSESSOR  SHALL  CERTIFY  THE RECOMPUTED EXEMPTION TO THE LOCAL OFFICERS
 HAVING CUSTODY AND CONTROL OF THE ROLL,  AND  SUCH  LOCAL  OFFICERS  ARE
 HEREBY  DIRECTED AND AUTHORIZED TO ENTER THE RECOMPUTED EXEMPTION CERTI-
 FIED BY THE ASSESSOR ON THE ROLL. THE ASSESSOR SHALL GIVE WRITTEN NOTICE
 OF SUCH RECOMPUTED EXEMPTION TO THE PROPERTY OWNER, WHO MAY,  IF  HE  OR
 SHE  BELIEVES THAT THE EXEMPTION WAS RECOMPUTED INCORRECTLY, APPLY FOR A
 CORRECTION IN THE MANNER PROVIDED BY TITLE THREE OF ARTICLE FIVE OF THIS
 CHAPTER FOR THE CORRECTION OF CLERICAL ERRORS.
   (III) SUCH EXEMPTION SHALL BE LIMITED TO TWO HUNDRED THOUSAND  DOLLARS
 IN  INCREASED  MARKET  VALUE OF THE PROPERTY ATTRIBUTABLE TO SUCH RECON-
 STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION AND ANY INCREASE
 IN MARKET VALUE GREATER THAN SUCH AMOUNT SHALL NOT BE ELIGIBLE  FOR  THE
 EXEMPTION  PURSUANT  TO  THIS SECTION. FOR THE PURPOSES OF THIS SECTION,
 THE MARKET VALUE OF THE RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR  NEW
 CONSTRUCTION  AS  AUTHORIZED BY SUBDIVISION ONE OF THIS SECTION SHALL BE
 EQUAL TO THE  INCREASED  ASSESSED  VALUE  ATTRIBUTABLE  TO  SUCH  RECON-
 STRUCTION,  ALTERATION,  IMPROVEMENT  OR NEW CONSTRUCTION DIVIDED BY THE
 CLASS ONE RATIO IN A SPECIAL ASSESSING UNIT OR THE MOST RECENTLY  ESTAB-
 LISHED  STATE  EQUALIZATION  RATE  OR  SPECIAL  EQUALIZATION RATE IN THE
 REMAINDER OF THE STATE, EXCEPT WHERE  THE  STATE  EQUALIZATION  RATE  OR
 SPECIAL  EQUALIZATION  RATE  EQUALS  OR  EXCEEDS NINETY-FIVE PERCENT, IN
 WHICH CASE THE INCREASE IN ASSESSED VALUE ATTRIBUTABLE  TO  SUCH  RECON-
 STRUCTION,  ALTERATION,  IMPROVEMENT OR NEW CONSTRUCTION SHALL BE DEEMED
 TO EQUAL THE MARKET VALUE OF SUCH RECONSTRUCTION,  ALTERATION,  IMPROVE-
 MENT, OR NEW CONSTRUCTION.
   (B)  NO  SUCH  EXEMPTION  SHALL  BE GRANTED FOR RECONSTRUCTION, ALTER-
 ATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION UNLESS:
 S. 4006                            98                            A. 3006

   (I) SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW  CONSTRUCTION
 WAS  COMMENCED  SUBSEQUENT  TO  THE  EFFECTIVE  DATE OF THE LOCAL LAW OR
 RESOLUTION ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND
   (II) THE VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW
 CONSTRUCTION EXCEEDS THREE THOUSAND DOLLARS; AND
   (III)   SUCH   RECONSTRUCTION,   ALTERATION,   IMPROVEMENT,   OR   NEW
 CONSTRUCTION CREATED ONE OR MORE ADDITIONAL RESIDENTIAL  DWELLING  UNITS
 ON  THE  SAME  PARCEL AS THE PREEXISTING RESIDENTIAL BUILDING TO PROVIDE
 INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS.
   (C) FOR PURPOSES OF THIS SECTION THE TERMS RECONSTRUCTION, ALTERATION,
 IMPROVEMENT, AND NEW CONSTRUCTION SHALL NOT INCLUDE ORDINARY MAINTENANCE
 AND REPAIRS.
   3. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE  OWNER
 OF  SUCH BUILDING ON A FORM PRESCRIBED BY THE COMMISSIONER. THE APPLICA-
 TION SHALL BE FILED WITH THE ASSESSOR OF  THE  CITY,  TOWN,  VILLAGE  OR
 COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE
 APPROPRIATE TAXABLE STATUS DATE OF SUCH CITY, TOWN, VILLAGE OR COUNTY.
   4.  IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
 ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH
 BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
 LEVIES AS HEREIN PROVIDED COMMENCING WITH THE ASSESSMENT  ROLL  PREPARED
 ON THE BASIS OF THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVISION THREE
 OF THIS SECTION. THE ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO
 THIS  SECTION  SHALL  BE  ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL
 WITH THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN  IN  A
 SEPARATE COLUMN.
   5. FOR THE PURPOSES OF THIS SECTION, A RESIDENTIAL BUILDING SHALL MEAN
 ANY BUILDING OR STRUCTURE DESIGNED AND OCCUPIED EXCLUSIVELY FOR RESIDEN-
 TIAL PURPOSES BY NOT MORE THAN TWO FAMILIES.
   6.  IN THE EVENT THAT A BUILDING GRANTED AN EXEMPTION PURSUANT TO THIS
 SECTION CEASES TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES,  OR  TITLE
 THERETO  IS  TRANSFERRED  TO OTHER THAN THE HEIRS OR DISTRIBUTEES OF THE
 OWNER, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
   7. (A) A COUNTY, CITY, TOWN OR VILLAGE  MAY,  BY  ITS  LOCAL  LAW,  OR
 SCHOOL DISTRICT, BY ITS RESOLUTION:
   (I)  REDUCE  THE PER CENTUM OF EXEMPTION OTHERWISE ALLOWED PURSUANT TO
 THIS SECTION;
   (II) LIMIT ELIGIBILITY FOR THE EXEMPTION  TO  THOSE  FORMS  OF  RECON-
 STRUCTION,   ALTERATIONS,  IMPROVEMENTS,  OR  NEW  CONSTRUCTION  AS  ARE
 PRESCRIBED IN SUCH LOCAL LAW OR RESOLUTION.
   (B) NO SUCH LOCAL LAW OR RESOLUTION SHALL REPEAL AN EXEMPTION  GRANTED
 PURSUANT  TO  THIS  SECTION UNTIL THE EXPIRATION OF THE PERIOD FOR WHICH
 SUCH EXEMPTION WAS GRANTED.
   § 2. This act shall take effect immediately and shall apply to assess-
 ment rolls based on taxable status dates  occurring  on  or  after  such
 effective date.

                                  PART P
 
   Section  1. Paragraph a 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, is amended to read as follows:
   a.  Benefits  under  section four hundred twenty-one-a OR FOUR HUNDRED
 SIXTY-SEVEN-M of the real property tax law;
   § 2. The real property tax law is amended  by  adding  a  new  section
 467-m to read as follows:
 S. 4006                            99                            A. 3006
 
   § 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  SEVENTY  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 OCCUPANCY 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. 4006                            100                           A. 3006
 
   L.  "ELIGIBLE  CONVERSION" SHALL MEAN THE CONVERSION OF A NON-RESIDEN-
 TIAL BUILDING TO AN ELIGIBLE MULTIPLE DWELLING.
   M.  "ELIGIBLE  MULTIPLE  DWELLING"  SHALL  MEAN A MULTIPLE DWELLING 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-TWO; AND (IV) THE COMPLETION DATE IS
 ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-EIGHT.
   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. "NINETEEN-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION  PERI-
 OD,  A  ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER
 THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS;  (II)  FOR  THE  FIRST  FIFTEEN
 YEARS OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOP-
 MENT  AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER
 THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE  MANHAT-
 TAN  PRIME  DEVELOPMENT  AREA, A THIRTY-FIVE PERCENT EXEMPTION FROM REAL
 PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS;  (III)
 FOR THE SIXTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHAT-
 TAN PRIME DEVELOPMENT AREA, A FORTY PERCENT EXEMPTION FROM REAL PROPERTY
 TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE
 OF   THE  MANHATTAN  PRIME  DEVELOPMENT  AREA,  A  TWENTY-EIGHT  PERCENT
 EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL
 IMPROVEMENTS;  (IV)  FOR THE SEVENTEENTH YEAR OF THE RESTRICTION PERIOD,
 (A) WITHIN THE  MANHATTAN  PRIME  DEVELOPMENT  AREA,  A  THIRTY  PERCENT
 EXEMPTION  FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL
 IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A
 TWENTY-ONE PERCENT EXEMPTION FROM REAL  PROPERTY  TAXATION,  OTHER  THAN
 ASSESSMENTS  FOR  LOCAL IMPROVEMENTS; (V) FOR THE EIGHTEENTH YEAR OF THE
 RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT  AREA,  A
 TWENTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS-
 MENTS  FOR  LOCAL  IMPROVEMENTS,  AND (B) OUTSIDE OF THE MANHATTAN PRIME
 DEVELOPMENT AREA, A FOURTEEN PERCENT EXEMPTION FROM REAL PROPERTY  TAXA-
 TION,  OTHER  THAN  ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (VI) FOR THE
 NINETEENTH YEAR OF THE RESTRICTION  PERIOD,  (A)  WITHIN  THE  MANHATTAN
 PRIME DEVELOPMENT AREA, A TEN PERCENT EXEMPTION FROM REAL PROPERTY TAXA-
 TION,  OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF
 THE MANHATTAN PRIME DEVELOPMENT AREA, A  SEVEN  PERCENT  EXEMPTION  FROM
 REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS.
 S. 4006                            101                           A. 3006
 
   V.  "NON-RESIDENTIAL  BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A
 STRUCTURE 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, MANUFACTURING 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 AGENCY.
   W.  "NON-RESIDENTIAL  TAX  LOT"  SHALL  MEAN  A  TAX LOT THAT DOES NOT
 CONTAIN ANY DWELLING UNITS.
   X. "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.
   Y. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT  CONTAINS  DWELLING
 UNITS.
   Z.  "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 SPECIFIED IN THIS SECTION, PROVIDED
 THAT SUCH ELIGIBLE MULTIPLE DWELLING IS USED OR HELD  OUT  FOR  USE  FOR
 DWELLING  PURPOSES.  AN ELIGIBLE MULTIPLE DWELLING THAT MEETS ALL OF THE
 REQUIREMENTS OF THIS SECTION SHALL RECEIVE A NINETEEN-YEAR BENEFIT.
   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  FOLLOWING  AFFORDABILITY  REQUIREMENTS  DURING  THE
 RESTRICTION PERIOD:
 S. 4006                            102                           A. 3006
 
   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-
 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.
 S. 4006                            103                           A. 3006

   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; AND (III)
 THE  ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS. SUCH
 REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A  MONI-
 TOR  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  NINETEEN-YEAR  BENEFIT  PERIOD,  REGARDLESS  OF
 WHETHER SUCH BENEFITS 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.
 S. 4006                            104                           A. 3006
 
   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.
   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-
 S. 4006                            105                           A. 3006
 
 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 NINETEEN-YEAR BENEFIT, 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 REQUIRE-
 MENTS 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 Q
 
   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, 2024.  Notwithstanding any other provision of law,
 and subject to the approval of the New York state director of the  budg-
 et,  the  board  of  directors  of the state of New York mortgage agency
 shall authorize the transfer to the housing trust fund corporation,  for
 the purposes of reimbursing any costs associated with neighborhood pres-
 ervation  program  contracts authorized by this section, a total sum not
 to exceed $12,830,000, such transfer to be made  from  (i)  the  special
 account  of  the  mortgage  insurance  fund  created pursuant to section
 2429-b of the public authorities law, in an amount  not  to  exceed  the
 S. 4006                            106                           A. 3006
 
 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 2022-2023 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, 2023.
   § 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, 2024.  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
 2022-2023 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,
 2023.
   § 3. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may provide, for purposes of the rural rental assist-
 ance program pursuant to article 17-A of  the  private  housing  finance
 law,  a  sum  not to exceed $21,710,000 for the fiscal year ending March
 31, 2024.  Notwithstanding any other provision of law,  and  subject  to
 the  approval of the New York state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  housing  trust  fund corporation, for the purposes of
 reimbursing any costs associated with rural  rental  assistance  program
 contracts  authorized  by  this  section,  a  total  sum  not  to exceed
 $21,710,000, 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 2022-2023 in accordance with section 2429-b  of  the  public
 authorities  law,  if any, and/or (ii) provided that the reserves in the
 project pool insurance account of the mortgage  insurance  fund  created
 pursuant  to section 2429-b of the public authorities law are sufficient
 to attain and maintain the credit rating, as determined by the state  of
 New  York  mortgage  agency, required to accomplish the purposes of such
 account, the project pool insurance account of  the  mortgage  insurance
 S. 4006                            107                           A. 3006
 
 fund,  such  transfer  shall be made as soon as practicable but no later
 than June 30, 2023.
   §  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 $50,781,000 for the fiscal year
 ending March 31, 2024. 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  $50,781,000, 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 2022-2023 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, 2024.
   § 5. This act shall take effect immediately.
 
                                  PART R
 
   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.
   § 2.  This act shall take effect immediately.
 
                                  PART S
 
   Section  1.    Section 652 of the labor law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. ANNUAL MINIMUM WAGE INCREASE.  (A) NEW YORK CITY.  ON  AND  AFTER
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, EVERY EMPLOYER REGARD-
 LESS  OF SIZE SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN
 THE CITY OF NEW YORK, A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM  WAGE
 RATE  ESTABLISHED  ANNUALLY  BY  THE COMMISSIONER. SUCH ADJUSTED MINIMUM
 WAGE RATE SHALL BE DETERMINED BY INCREASING THE CURRENT  YEAR'S  MINIMUM
 S. 4006                            108                           A. 3006
 
 WAGE  RATE  BY THE LESSER OF THREE PERCENT AND THE RATE OF CHANGE IN THE
 AVERAGE OF THE MOST RECENT PERIOD BETWEEN THE FIRST OF  AUGUST  AND  THE
 THIRTY-FIRST  OF  JULY OVER THE PRECEDING TWELVE MONTHS PUBLISHED BY THE
 UNITED STATES DEPARTMENT OF LABOR NON-SEASONALLY ADJUSTED CONSUMER PRICE
 INDEX  FOR  NORTHEAST  REGION  URBAN  WAGE  EARNERS AND CLERICAL WORKERS
 (CPI-W) OR ANY SUCCESSOR  INDEX  AS  CALCULATED  BY  THE  UNITED  STATES
 DEPARTMENT OF LABOR.
   (B)  REMAINDER  OF  DOWNSTATE. ON AND AFTER DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-THREE, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES
 FOR EACH HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK,  AND  WESTCHES-
 TER,  A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED
 ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE  SHALL  BE
 DETERMINED  BY  INCREASING  THE  CURRENT YEAR'S MINIMUM WAGE RATE BY THE
 LESSER OF THREE PERCENT AND THE RATE OF CHANGE IN  THE  AVERAGE  OF  THE
 MOST  RECENT  PERIOD BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF
 JULY OVER THE PRECEDING TWELVE MONTHS FOR THE NORTHEAST REGION CPI-W  OR
 ANY  SUCCESSOR  INDEX  AS  CALCULATED BY THE UNITED STATES DEPARTMENT OF
 LABOR.
   (C) REMAINDER OF STATE. ON AND AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
 SAND  TWENTY-THREE, IN THE YEAR FOLLOWING THE YEAR THE MINIMUM WAGE RATE
 EQUALS FIFTEEN DOLLARS FOR EACH HOUR WORKED OUTSIDE OF THE CITY  OF  NEW
 YORK  AND  THE  COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, EVERY EMPLOYER SHALL PAY TO EACH OF ITS
 EMPLOYEES FOR EACH HOUR WORKED OUTSIDE OF THE CITY OF NEW YORK  AND  THE
 COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER A WAGE OF NOT LESS THAN THE
 ADJUSTED  MINIMUM  WAGE  RATE  ESTABLISHED ANNUALLY BY THE COMMISSIONER.
 SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETERMINED  BY  INCREASING  THE
 CURRENT  YEAR'S MINIMUM WAGE RATE BY THE LESSER OF THREE PERCENT AND THE
 RATE OF CHANGE IN THE AVERAGE OF THE  MOST  RECENT  PERIOD  BETWEEN  THE
 FIRST  OF  AUGUST AND THE THIRTY-FIRST OF JULY OVER THE PRECEDING TWELVE
 MONTHS FOR THE NORTHEAST REGION CPI-W OR ANY SUCCESSOR INDEX  AS  CALCU-
 LATED BY THE UNITED STATES DEPARTMENT OF LABOR.
   (D)  NOTWITHSTANDING PARAGRAPHS (A), (B), AND (C) OF THIS SUBDIVISION,
 THE MINIMUM WAGE FOR A HOME CARE AIDE AS DEFINED IN  SECTION  THIRTY-SIX
 HUNDRED FOURTEEN-C OF THE PUBLIC HEALTH LAW SHALL BE SET BY SUBDIVISIONS
 TWO  AND  THREE  OF  SECTION THIRTY-SIX HUNDRED FOURTEEN-F OF THE PUBLIC
 HEALTH LAW.
   (E) EXCEPTIONS. NOTWITHSTANDING PARAGRAPHS (A), (B) AND  (C)  OF  THIS
 SUBDIVISION, THERE SHALL BE NO INCREASE IN THE MINIMUM WAGE IN THE STATE
 FOR THE FOLLOWING YEAR IF:
   (I) THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD OF THE
 FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY OVER THE PRECEDING PERIOD OF
 THE FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY FOR THE NORTHEAST REGION
 CPI-W IS NEGATIVE;
   (II)  THE  THREE-MONTH  MOVING  AVERAGE OF THE SEASONALLY ADJUSTED NEW
 YORK STATE UNEMPLOYMENT RATE AS DETERMINED BY THE U-3 MEASURE  OF  LABOR
 UNDERUTILIZATION  FOR  THE MOST RECENT PERIOD ENDING THE THIRTY-FIRST OF
 JULY AS CALCULATED BY THE UNITED STATES DEPARTMENT  OF  LABOR  RISES  BY
 ONE-HALF  PERCENTAGE POINT OR MORE RELATIVE TO ITS LOW DURING THE PREVI-
 OUS TWELVE MONTHS; OR
   (III) SEASONALLY ADJUSTED, TOTAL  NON-FARM  EMPLOYMENT  FOR  NEW  YORK
 STATE  IN  JULY,  CALCULATED  BY  THE UNITED STATES DEPARTMENT OF LABOR,
 DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL  NON-FARM  EMPLOYMENT  FOR
 NEW YORK STATE IN APRIL, AND SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOY-
 MENT FOR NEW YORK STATE IN JULY, CALCULATED BY THE UNITED STATES DEPART-
 S. 4006                            109                           A. 3006
 
 MENT  OF  LABOR,  DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL NON-FARM
 EMPLOYMENT FOR NEW YORK STATE IN JANUARY.
   (F)  THE COMMISSIONER SHALL PUBLISH THE ADJUSTED MINIMUM WAGE RATES NO
 LATER THAN THE FIRST OF OCTOBER OF EACH YEAR TO TAKE EFFECT ON THE THIR-
 TY-FIRST DAY OF DECEMBER. THE COMMISSIONER SHALL  PUBLISH  THE  ADJUSTED
 MINIMUM  WAGE  RATES  THAT WILL GO INTO EFFECT ON DECEMBER THIRTY-FIRST,
 TWO THOUSAND TWENTY-THREE NO LATER  THAN  OCTOBER  FIRST,  TWO  THOUSAND
 TWENTY-THREE.
   § 2. Subdivisions 2, 4 and 5 of section 652 of the labor law, subdivi-
 sion  2  as amended by chapter 38 of the laws of 1990, the opening para-
 graph of subdivision 2 as amended by section 6 of part II of chapter  58
 of the laws of 2020, and subdivisions 4 and 5 as amended by section 2 of
 part  K  of  chapter  54  of  the  laws  of 2016, are amended to read as
 follows:
   2. Existing wage orders. The minimum wage  orders  in  effect  on  the
 effective date of this act shall remain in full force and effect, except
 as modified in accordance with the provisions of this article; provided,
 however,  that  the minimum wage order for farm workers codified at part
 one hundred ninety of title twelve of the New York  code  of  rules  and
 regulations  in  effect  on  January first, two thousand twenty shall be
 deemed to be a wage order established and adopted under this article and
 shall remain in full force and effect except as modified  in  accordance
 with  the provisions of this article or article nineteen-A of this chap-
 ter.
   Such minimum wage orders shall be  modified  by  the  commissioner  to
 increase  all  monetary amounts specified therein in the same proportion
 as the increase in the hourly minimum wage as provided in  [subdivision]
 SUBDIVISIONS one AND ONE-A of this section, including the amounts speci-
 fied  in such minimum wage orders as allowances for gratuities, and when
 furnished by the employer to its employees, for meals, lodging,  apparel
 and  other  such items, services and facilities. All amounts so modified
 shall be rounded off to the nearest  five  cents.  The  modified  orders
 shall  be  promulgated by the commissioner without a public hearing, and
 without reference to a wage board, and shall  become  effective  on  the
 effective date of such increases in the minimum wage except as otherwise
 provided  in  this  subdivision,  notwithstanding any other provision of
 this article.
   4. Notwithstanding subdivisions one, ONE-A and two  of  this  section,
 the  wage  for  an  employee who is a food service worker receiving tips
 shall be a cash wage of at least two-thirds of the  minimum  wage  rates
 set  forth  in  subdivision  one of this section, rounded to the nearest
 five cents or seven  dollars  and  fifty  cents,  whichever  is  higher,
 provided  that  the  tips  of  such an employee, when added to such cash
 wage, are equal to or exceed the minimum  wage  in  effect  pursuant  to
 [subdivision]  SUBDIVISIONS  one  AND ONE-A of this section and provided
 further that no other cash wage is established pursuant to  section  six
 hundred fifty-three of this article.
   5.  Notwithstanding  subdivisions  one, ONE-A and two of this section,
 meal and lodging allowances for a food service worker receiving  a  cash
 wage  pursuant  to  subdivision  four of this section shall not increase
 more than two-thirds of the increase required by subdivision two of this
 section as applied to state wage orders in effect pursuant to  [subdivi-
 sion] SUBDIVISIONS one AND ONE-A of this section.
   § 3. Section 3614-f of the public health law, as added by section 1 of
 part  XX  of  chapter  56  of  the  laws  of 2022, is amended to read as
 follows:
 S. 4006                            110                           A. 3006
 
   § 3614-f. Home care minimum wage increase. 1. For the purpose of  this
 section,  "home  care  aide"  shall  have the same meaning as defined in
 section thirty-six hundred fourteen-c of this article.
   2. [In addition to the otherwise applicable minimum wage under section
 six hundred fifty-two of the labor law, or any otherwise applicable wage
 rule  or order under article nineteen of the labor law]  NOTWITHSTANDING
 ANY INCREASE TO THE MINIMUM WAGE UNDER PARAGRAPH (A),  (B),  OR  (C)  OF
 SUBDIVISION ONE-A OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW, the
 minimum  wage  for  a  home care aide shall be increased by an amount of
 three dollars and zero cents FROM THE  MINIMUM  WAGE  ESTABLISHED  UNDER
 SUBDIVISION  ONE  OF  SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW FOR
 EACH REGION OF THE STATE in accordance with the following schedule:
   (a) beginning October first, two thousand twenty-two, the minimum wage
 for a home care aide shall be increased by an amount of two dollars  and
 zero cents, and
   (b)  beginning  October  first, two thousand twenty-three, the minimum
 wage for a home care aide shall be increased by an additional amount  of
 one dollar and zero cents.
   3.  ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, THE
 MINIMUM WAGE FOR A HOME CARE AIDE SHALL BE THE GREATER OF EITHER:
   (A) THE RATE ESTABLISHED IN ACCORDANCE WITH SUBDIVISION  TWO  OF  THIS
 SECTION; OR
   (B)  THE  RATE  ESTABLISHED  IN  ACCORDANCE  WITH  SECTION SIX HUNDRED
 FIFTY-TWO OF THE LABOR LAW.
   4. AT NO TIME SHALL THE MINIMUM WAGE FOR A HOME CARE  AIDE  BE  HIGHER
 THAN  EIGHTEEN DOLLARS UNTIL SUCH TIME AS THE MINIMUM WAGE RATE PURSUANT
 TO SUBDIVISION ONE-A OF SECTION SIX HUNDRED FIFTY-TWO OF THE  LABOR  LAW
 IN THE LOCALITY OF THE STATE IN WHICH SUCH HOME CARE AIDE WORKS IS HIGH-
 ER THAN EIGHTEEN DOLLARS.
   5.  Where  any  home  care aide is paid less than WHAT IS required [by
 subdivision] UNDER SUBDIVISIONS two AND THREE of this section, the  home
 care  aide,  or  the  commissioner of labor acting on behalf of the home
 care aide, may bring a civil action under article six or nineteen of the
 labor law; provided that this shall not  preclude  the  commissioner  of
 labor from taking direct administrative enforcement action under article
 six of the labor law.
   § 4. This act shall take effect immediately.
 
                                  PART T
 
   Section 1. Legislative findings. The legislature finds that both with-
 in  the  city  of  New  York and across the United States, over the past
 several decades, income inequality has  expanded  and  that  poverty  is
 frequently  concentrated  in  economically  disadvantaged  regions.  The
 legislature also finds that economic disparities among  individuals  and
 across  communities have further expanded due to the economic and health
 effects of the virus known as COVID-19. The purpose of this  legislation
 is  to  remediate  these economic disparities by authorizing the city of
 New York, the city school district of the city of New York, the New York
 city school construction authority, the New York city health and  hospi-
 tals  corporation,  the New York city industrial development agency, and
 other city-affiliated not-for-profit corporations to  use  the  economic
 power of their transactions to implement programs by administrative rule
 requiring  contractors  and  subcontractors benefitting from such trans-
 actions to make best efforts to employ qualified economically  disadvan-
 S. 4006                            111                           A. 3006
 
 taged  candidates  and  qualified candidates from economically disadvan-
 taged regions.
   §  2.  The New York city charter is amended by adding a new chapter 79
 to read as follows:
                                CHAPTER 79
                COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
 § 3501. ABSORPTION HIRE. THE TERM "ABSORPTION HIRE" MEANS AN  INDIVIDUAL
 WHO FILLS A BUILDING SERVICE OPPORTUNITY AND WHO:
   (1) WAS EMPLOYED TO PERFORM BUILDING SERVICE WORK WITHIN THE PRECEDING
 SIX MONTHS AT THE SAME FACILITY TO WHICH SUCH INDIVIDUAL IS ASSIGNED; OR
   (2) FILLS SUCH BUILDING SERVICE OPPORTUNITY AS A RESULT OF A REASSIGN-
 MENT BY A CONTRACTOR OR SUBCONTRACTOR, AS APPLICABLE, DUE TO A DISPLACE-
 MENT  CAUSED BY THE CLOSURE OF ANOTHER FACILITY, A STAFFING REDUCTION AT
 ANOTHER FACILITY, OR ANY OTHER SIMILAR EVENT.
   APPRENTICE. THE TERM "APPRENTICE" MEANS AN INDIVIDUAL WHO IS RECEIVING
 TRAINING AND PERFORMING LABOR PURSUANT TO AN APPRENTICESHIP AGREEMENT.
   APPRENTICESHIP AGREEMENT. THE TERM "APPRENTICESHIP AGREEMENT" MEANS AN
 AGREEMENT, AS SUCH TERM IS DEFINED BY SECTION EIGHT HUNDRED  SIXTEEN  OF
 THE  LABOR  LAW,  THAT  HAS  BEEN  REGISTERED WITH, AND APPROVED BY, THE
 COMMISSIONER OF LABOR OF THE STATE OF NEW YORK PURSUANT TO ARTICLE TWEN-
 TY-THREE OF THE LABOR LAW.
   BUILDING SERVICE OPPORTUNITY. THE TERM "BUILDING SERVICE  OPPORTUNITY"
 MEANS AN EMPLOYMENT OPPORTUNITY TO PERFORM BUILDING SERVICE WORK.
   BUILDING  SERVICE  OPPORTUNITY  LABOR HOUR. THE TERM "BUILDING SERVICE
 OPPORTUNITY LABOR HOUR" MEANS A LABOR HOUR PERFORMED  BY  AN  INDIVIDUAL
 EMPLOYED TO FILL A BUILDING SERVICE OPPORTUNITY.
   BUILDING  SERVICE  WORK.  THE  TERM  "BUILDING SERVICE WORK" MEANS THE
 CLASSIFICATIONS OF LABOR THAT THE APPLICABLE FISCAL OFFICER HAS  IDENTI-
 FIED  AS  CONSISTENT  WITH  SECTION TWO HUNDRED THIRTY OF THE LABOR LAW,
 REGARDLESS OF WHETHER SUCH LABOR CONSTITUTES BUILDING SERVICE  WORK  FOR
 WHICH  WORKERS  ARE ENTITLED TO PREVAILING WAGE PURSUANT TO ARTICLE NINE
 OF THE LABOR LAW.
   CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION. THE TERM  "CITY-AFFILIATED
 NOT-FOR-PROFIT  CORPORATION"  MEANS  A  LOCAL DEVELOPMENT CORPORATION OR
 OTHER NOT-FOR-PROFIT  CORPORATION,  A  MAJORITY  OF  WHOSE  MEMBERS  ARE
 APPOINTED BY THE MAYOR.
   CONSTRUCTION. THE TERM "CONSTRUCTION" MEANS:
   (1) ANY LABOR OF A TYPE THAT THE APPLICABLE FISCAL OFFICER, AS DEFINED
 IN  PARAGRAPH E OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THE
 LABOR LAW, HAS IDENTIFIED IN A PUBLISHED SCHEDULE AS A CLASSIFICATION OF
 WORK PERFORMED BY LABORERS, WORKMEN OR MECHANICS, REGARDLESS OF  WHETHER
 SUCH LABOR CONSTITUTES PUBLIC WORK PURSUANT TO SUCH SECTION; AND
   (2)  ANY ADDITIONAL TYPES OF LABOR IDENTIFIED BY THE DIRECTOR BY RULE,
 PROVIDED THAT SUCH LABOR SHALL NOT INCLUDE BUILDING SERVICE WORK.
   CONTRACTOR. THE TERM "CONTRACTOR" MEANS AN INDIVIDUAL, COMPANY, CORPO-
 RATION, PARTNERSHIP, OR OTHER ENTITY THAT HAS ENTERED INTO A TRANSACTION
 WITH THE CITY, EXCEPT THAT THE TERM "CONTRACTOR" DOES NOT INCLUDE:
   (1) ANY GOVERNMENTAL ENTITY;
   (2)  ANY  MICROBUSINESS,  OTHER  THAN   A   MICROBUSINESS   PERFORMING
 CONSTRUCTION WORK UNDER A TRANSACTION; OR
   (3) ANY LABOR ORGANIZATION.
   DIRECTOR.  THE  TERM  "DIRECTOR"  MEANS  THE DIRECTOR OF THE OFFICE OF
 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT OR HIS OR HER DESIGNEE.
   ECONOMICALLY DISADVANTAGED CANDIDATE. THE TERM "ECONOMICALLY DISADVAN-
 TAGED CANDIDATE" MEANS AN INDIVIDUAL:
 S. 4006                            112                           A. 3006
 
   (1) WHOSE INCOME OR HOUSEHOLD INCOME FALLS BELOW AN APPLICABLE QUANTI-
 TATIVE THRESHOLD DETERMINED BY THE DIRECTOR, PROVIDED THAT  SUCH  INCOME
 SHALL  NOT  INCLUDE ANY TYPES OF PUBLIC BENEFITS PROVIDED BY THE FEDERAL
 GOVERNMENT OR A STATE OR LOCAL GOVERNMENT AND IDENTIFIED BY  THE  DIREC-
 TOR; AND
   (2) WHO IS CERTIFIED AS MEETING ALL APPLICABLE REQUIREMENTS.
   ECONOMICALLY  DISADVANTAGED  REGION.  THE TERM "ECONOMICALLY DISADVAN-
 TAGED REGION" MEANS AN AREA, REPRESENTED BY ITS ZIP CODE,  IN  WHICH  AT
 LEAST  FIFTEEN  PERCENT  OF  RESIDENTS  HAVE HOUSEHOLD INCOMES BELOW THE
 FEDERAL POVERTY THRESHOLD.
   ECONOMICALLY DISADVANTAGED REGION CANDIDATE.  THE  TERM  "ECONOMICALLY
 DISADVANTAGED  REGION CANDIDATE" MEANS AN INDIVIDUAL WHO IS CERTIFIED AS
 MEETING ALL APPLICABLE REQUIREMENTS AND WHO IS A:
   (1) RESIDENT  OF  AN  ADDRESS  WITHIN  AN  ECONOMICALLY  DISADVANTAGED
 REGION;
   (2) RESIDENT OF A BUILDING THAT IS:
   (I) OWNED OR OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY; AND
   (II) SUBJECT TO SECTION NINE OF THE UNITED STATES HOUSING ACT OF NINE-
 TEEN HUNDRED THIRTY-SEVEN, AS AMENDED; OR
   (3) RESIDENT OF A DWELLING UNIT THAT IS:
   (I)  SUBJECT  TO A REGULATORY AGREEMENT WITH A FEDERAL, STATE OR LOCAL
 GOVERNMENT AGENCY REQUIRING THAT OCCUPANCY OF SUCH  UNIT  BE  RESTRICTED
 BASED ON THE INCOME OF THE OCCUPANTS; AND
   (II)  LOCATED  IN  A  BUILDING THAT WAS PREVIOUSLY OPERATED BY THE NEW
 YORK CITY HOUSING AUTHORITY, WAS PREVIOUSLY SUBJECT TO SECTION  NINE  OF
 THE  UNITED  STATES  HOUSING  ACT  OF  NINETEEN HUNDRED THIRTY-SEVEN, AS
 AMENDED, AND IS SUBJECT TO SECTION EIGHT OF SUCH ACT.
   EMPLOYMENT OPPORTUNITY. THE  TERM  "EMPLOYMENT  OPPORTUNITY"  MEANS  A
 VACANCY IN A POSITION TO PERFORM SERVICES UNDER A TRANSACTION.
   EXEMPT TRANSACTION. THE TERM "EXEMPT TRANSACTION" INCLUDES ANY:
   (1) CONTRACT PROCURED PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE
 STATE FINANCE LAW;
   (2)  CONTRACT  FOR  THE  PERFORMANCE  OF SERVICES BY A CITY-AFFILIATED
 NOT-FOR-PROFIT CORPORATION;
   (3) CONTRACT THE PRINCIPAL PURPOSE OF WHICH IS THE SUPPLY OF GOODS;
   (4) CONTRACT IN AN AMOUNT  BELOW  THE  SMALL  PURCHASE  THRESHOLD  SET
 PURSUANT  TO  THE  AUTHORITY AND PROCEDURE SET FORTH IN SUBDIVISION A OF
 SECTION THREE HUNDRED FOURTEEN OF THIS CHARTER;
   (5) CONTRACT FOR CONFIDENTIAL OR INVESTIGATIVE SERVICES OR  ANY  OTHER
 TYPE  OF  CONTRACT EXCLUDED BY A RULE ADOPTED BY THE DIRECTOR BASED ON A
 DETERMINATION THAT THE APPLICATION OF GOALS  UNDER  THIS  PROGRAM  WOULD
 SUBSTANTIALLY UNDERMINE THE PRIMARY OBJECTIVE OF THAT TYPE OF CONTRACT;
   (6)  CONTRACT  SUBJECT  TO  FEDERAL OR STATE FUNDING REQUIREMENTS THAT
 PRECLUDE OR SUBSTANTIALLY CONFLICT WITH THE APPLICATION OF  GOALS  UNDER
 THIS PROGRAM;
   (7) CONTRACT FOR EMERGENCY DEMOLITION SERVICES PROCURED BY THE DEPART-
 MENT  OF  HOUSING PRESERVATION AND DEVELOPMENT PURSUANT TO THE PROCEDURE
 SET FORTH IN SECTION THREE HUNDRED FIFTEEN OF THIS CHARTER; OR
   (8) A CONTRACT FOR WHICH CONTRACTOR SELECTION IS MADE  BY  AN  ELECTED
 OFFICIAL  OTHER THAN THE MAYOR OR AN AGENCY OTHER THAN A MAYORAL AGENCY,
 EXCEPT AS OTHERWISE PROVIDED BY RULE BY THE DIRECTOR.
   LABOR ORGANIZATION. THE TERM  "LABOR  ORGANIZATION"  HAS  THE  MEANING
 PROVIDED  IN  SECTION  ONE HUNDRED FIFTY-TWO OF TITLE TWENTY-NINE OF THE
 UNITED STATES CODE, OR ANY SUCCESSOR PROVISION.
   MAYORAL AGENCY. THE TERM "MAYORAL AGENCY" INCLUDES:
   (1) ANY AGENCY THE HEAD OF WHICH IS APPOINTED BY THE MAYOR;
 S. 4006                            113                           A. 3006
 
   (2) ANY AGENCY HEADED BY A BOARD, COMMISSION,  OR  OTHER  MULTI-MEMBER
 BODY, THE MAJORITY OF THE MEMBERSHIP OF WHICH IS APPOINTED BY THE MAYOR;
 AND
   (3) THE OFFICE OF THE MAYOR.
   MICROBUSINESS.  THE TERM "MICROBUSINESS" MEANS AN INDIVIDUAL, COMPANY,
 CORPORATION, PARTNERSHIP, OR OTHER ENTITY THAT EMPLOYS NO LESS THAN  ONE
 EMPLOYEE AND NO MORE THAN NINE EMPLOYEES.
   MWBE.  THE  TERM  "MWBE"  MEANS  A BUSINESS CERTIFIED AS A MINORITY OR
 WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT TO  ARTICLE  FIFTEEN-A  OF  THE
 EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THIS CHARTER.
   PROJECT  LABOR  AGREEMENT.  THE TERM "PROJECT LABOR AGREEMENT" MEANS A
 PRE-HIRE COLLECTIVE BARGAINING AGREEMENT ENTERED INTO BETWEEN  THE  CITY
 AND  A  BONA  FIDE  BUILDING  AND  CONSTRUCTION TRADE LABOR ORGANIZATION
 ESTABLISHING THE LABOR ORGANIZATION OR ITS AFFILIATES AS THE  COLLECTIVE
 BARGAINING  REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM CONSTRUCTION
 WORK ON A TRANSACTION, PROVIDED SUCH AGREEMENT:
   (1) PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A  PRE-
 NEGOTIATED  AGREEMENT  WITH THE LABOR ORGANIZATION CAN PERFORM SUCH WORK
 ON SUCH TRANSACTION; AND
   (2) INCLUDES GOALS FOR THE EMPLOYMENT OF QUALIFIED ECONOMICALLY DISAD-
 VANTAGED REGION CANDIDATES TO PERFORM SUCH WORK.
   REFERRAL SOURCE. THE  TERM  "REFERRAL  SOURCE"  MEANS  AN  INDIVIDUAL,
 COMPANY,  CORPORATION,  PARTNERSHIP,  AGENCY,  UNION REFERRAL SYSTEM, OR
 OTHER ENTITY SELECTED PURSUANT TO PARAGRAPH THREE OF  SUBDIVISION  A  OF
 SECTION  THIRTY-FIVE  HUNDRED  TWO  OF THIS CHAPTER TO MAKE REFERRALS OF
 CANDIDATES TO CONTRACTORS, PROSPECTIVE CONTRACTORS, SUBCONTRACTORS,  AND
 PROSPECTIVE  SUBCONTRACTORS  FOR  THE PURPOSES OF MEETING THE APPLICABLE
 EMPLOYMENT GOALS SET FORTH IN SUCH SECTION; PROVIDED THAT UNION REFERRAL
 SYSTEMS THAT HAVE AFFILIATED REGISTERED APPRENTICE PROGRAMS WITH  DIRECT
 ENTRY ACCESS FROM PRE-APPRENTICE PROGRAMS THAT ARE COMPLIANT WITH UNITED
 STATES  DEPARTMENT  OF LABOR OR NEW YORK STATE DEPARTMENT OF LABOR REGU-
 LATIONS, AS WELL AS UNION REFERRAL SYSTEMS  WITH  COMMUNITY  RECRUITMENT
 PROGRAMS,  SHALL  BE DEEMED AN APPROVED REFERRAL SOURCE FOR THE PURPOSES
 OF PARAGRAPH THREE OF SUBDIVISION A OF SECTION THIRTY-FIVE  HUNDRED  TWO
 OF THIS CHAPTER.
   SMALL BUSINESS. THE TERM "SMALL BUSINESS" MEANS AN ENTITY THAT:
   (1) IS INDEPENDENTLY OWNED AND OPERATED; AND
   (2)  HAS ANNUAL GROSS REVENUES NOT EXCEEDING FIVE MILLION DOLLARS OR A
 LESSER AMOUNT ESTABLISHED BY THE DIRECTOR BY RULE.
   SUBCONTRACTOR. THE TERM "SUBCONTRACTOR" MEANS AN INDIVIDUAL,  COMPANY,
 CORPORATION, PARTNERSHIP OR OTHER ENTITY THAT HAS ENTERED INTO AN AGREE-
 MENT  WITH  A  CONTRACTOR  OR  ANOTHER SUBCONTRACTOR IN ORDER TO PERFORM
 SERVICES OR ANY OTHER OBLIGATION UNDER A TRANSACTION, PROVIDED THAT SUCH
 AGREEMENT INVOLVES THE PERFORMANCE OF CONSTRUCTION WORK OF ANY VALUE, OR
 THE TOTAL  DOLLAR  VALUE  OF  SUCH  AGREEMENT  EXCEEDS  TWENTY  THOUSAND
 DOLLARS,  AND  FURTHER  PROVIDED  THAT THE TERM "SUBCONTRACTOR" DOES NOT
 INCLUDE:
   (1) EMPLOYEES;
   (2) GOVERNMENTAL ENTITIES;
   (3)   MICROBUSINESSES,   OTHER   THAN    MICROBUSINESSES    PERFORMING
 CONSTRUCTION WORK UNDER A TRANSACTION; OR
   (4) LABOR ORGANIZATIONS.
   TRANSACTION.  THE  TERM  "TRANSACTION"  MEANS,  A PROCUREMENT CONTRACT
 EXCEPT THAT THE TERM "TRANSACTION" SHALL NOT INCLUDE ANY  EXEMPT  TRANS-
 ACTION.
 S. 4006                            114                           A. 3006

   §  3502.  OFFICE  OF  COMMUNITY  HIRING  AND WORKFORCE DEVELOPMENT. A.
 OFFICE ESTABLISHED. THE MAYOR SHALL ESTABLISH  AN  OFFICE  OF  COMMUNITY
 HIRING  AND  WORKFORCE  DEVELOPMENT. SUCH OFFICE MAY BE ESTABLISHED AS A
 SEPARATE OFFICE OR WITHIN ANY DEPARTMENT THE HEAD OF WHICH IS  APPOINTED
 BY  THE  MAYOR. THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
 SHALL BE HEADED BY A DIRECTOR WHO SHALL BE APPOINTED  BY  THE  MAYOR  OR
 HEAD  OF  SUCH  DEPARTMENT.  THE  DIRECTOR  SHALL, AS THE DIRECTOR DEEMS
 APPROPRIATE, ADOPT RULES CONSISTENT WITH THE  PURPOSE  OF  THIS  CHAPTER
 RELATING TO EMPLOYMENT GOALS ON TRANSACTIONS, INCLUDING RULES:
   (1)  REQUIRING  CONTRACTORS  AND  SUBCONTRACTORS  TO AGREE TO PUBLICLY
 DISCLOSE EMPLOYMENT OPPORTUNITIES;
   (2) ESTABLISHING A PROCEDURE FOR THE CERTIFICATION OF  INDIVIDUALS  AS
 ECONOMICALLY DISADVANTAGED CANDIDATES, ECONOMICALLY DISADVANTAGED REGION
 CANDIDATES,  OR  BOTH, PROVIDED THAT SUCH CERTIFICATION PROCEDURE SHALL,
 TO THE EXTENT THE DIRECTOR DEEMS FEASIBLE, USE DATA SOURCES AND ADMINIS-
 TRATIVE PROCESSES ESTABLISHED  OR  MAINTAINED  BY  THE  CITY  FOR  OTHER
 PROGRAMS  OR  OPERATIONS  IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS ON
 CONTRACTORS, SUBCONTRACTORS, AND INDIVIDUALS;
   (3) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR MAY APPROVE  REFER-
 RAL  SOURCES  FOR  THE  PURPOSES  OF  THIS SECTION, WHEREBY THE DIRECTOR
 SHALL:
   (I) PUBLICLY RELEASE A REFERRAL SOURCE SOLICITATION  THAT  INCLUDES  A
 DESCRIPTION  OF  FUNCTIONS  OF  A  REFERRAL  SOURCE, THE MANNER IN WHICH
 RESPONSES MUST BE SUBMITTED, AND THE CRITERIA BY WHICH RESPONDING  ENTI-
 TIES  WILL BE APPROVED, AND AUTHORIZE ONE OR MORE ENTITIES, AS APPROPRI-
 ATE, TO FUNCTION AS REFERRAL SOURCES, BASED ON THE CRITERIA INCLUDED  IN
 THE SOLICITATION;
   (II) AUTHORIZE AN AGENCY IN WRITING TO FUNCTION AS A REFERRAL SOURCE;
   (III)  AUTHORIZE,  IN WRITING, AN ENTITY ENGAGED PURSUANT TO AN AGREE-
 MENT WITH AN AGENCY FOR EMPLOYMENT RECRUITMENT SERVICES OR  OTHER  WORK-
 FORCE DEVELOPMENT SERVICES TO FUNCTION AS A REFERRAL SOURCE; OR
   (IV)  IDENTIFY  AND  DEEM  UNION REFERRAL SYSTEMS THAT HAVE AFFILIATED
 REGISTERED APPRENTICE PROGRAMS WITH DIRECT ENTRY ACCESS FROM PRE-APPREN-
 TICE PROGRAMS AND THAT ARE COMPLIANT WITH UNITED  STATES  DEPARTMENT  OF
 LABOR  OR  NEW  YORK  STATE  DEPARTMENT OF LABOR REGULATIONS, AS WELL AS
 UNION REFERRAL SYSTEMS WITH COMMUNITY RECRUITMENT PROGRAMS, AS  APPROVED
 REFERRAL SYSTEMS;
   (4)  ESTABLISHING  A  PROCEDURE THROUGH WHICH THE DIRECTOR MAY PROVIDE
 INFORMATION REGARDING REFERRAL SOURCES TO  CONTRACTORS,  SUBCONTRACTORS,
 PROSPECTIVE CONTRACTORS, AND PROSPECTIVE SUBCONTRACTORS;
   (5)  ESTABLISHING  A PROCEDURE BY WHICH THE DIRECTOR SHALL MONITOR AND
 CRITERIA BY WHICH THE DIRECTOR SHALL EVALUATE THE  PERFORMANCE  OF  EACH
 REFERRAL  SOURCE  ON  AN ANNUAL BASIS, AND WHERE THE DIRECTOR DETERMINES
 THAT A REFERRAL SOURCE HAS PERFORMED INADEQUATELY, TERMINATE OR  SUSPEND
 THE REFERRAL SOURCE;
   (6)  REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW,
 AS APPROPRIATE,  AND  TO  EMPLOY  QUALIFIED  ECONOMICALLY  DISADVANTAGED
 REGION CANDIDATES IN ORDER TO MEET EMPLOYMENT GOALS RELATING TO BUILDING
 SERVICE WORK BASED ON:
   (I) THE PERCENTAGE OF BUILDING SERVICE OPPORTUNITIES FILLED BY ECONOM-
 ICALLY  DISADVANTAGED  REGION  CANDIDATES,  PROVIDED THAT IN CALCULATING
 SUCH GOALS, ABSORPTION HIRES SHALL NOT BE CONSIDERED; OR
   (II) THE  PERCENTAGE  OF  BUILDING  SERVICE  OPPORTUNITY  LABOR  HOURS
 PERFORMED BY ECONOMICALLY DISADVANTAGED REGION CANDIDATES, PROVIDED THAT
 IN  CALCULATING  SUCH  GOALS,  BUILDING  SERVICE OPPORTUNITY LABOR HOURS
 PERFORMED BY ABSORPTION HIRES SHALL NOT BE CONSIDERED;
 S. 4006                            115                           A. 3006
 
   (7) REQUIRING CONTRACTORS AND SUBCONTRACTORS TO  AGREE  TO  MAKE  BEST
 EFFORTS TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES
 TO  PERFORM  NO  LESS  THAN  THIRTY  PERCENT  OF THE CUMULATIVE HOURS OF
 CONSTRUCTION LABOR ON  TRANSACTIONS  INVOLVING  CONSTRUCTION  WORK,  AND
 ADDITIONALLY REQUIRING, TO THE EXTENT FEASIBLE CONSISTENT WITH THE MAXI-
 MUM  RATIOS  OF  APPRENTICES TO JOURNEY-LEVEL WORKERS ESTABLISHED BY THE
 NEW YORK STATE DEPARTMENT OF LABOR, THAT SUCH  CONTRACTORS  AND  SUBCON-
 TRACTORS AGREE TO MAKE BEST EFFORTS TO EMPLOY APPRENTICES WHO ARE QUALI-
 FIED  ECONOMICALLY  DISADVANTAGED  REGION  CANDIDATES TO PERFORM NO LESS
 THAN NINE PERCENT  OF  SUCH  CUMULATIVE  HOURS  OF  CONSTRUCTION  LABOR,
 PROVIDED  THAT  LABOR PERFORMED BY APPRENTICES WHO ARE QUALIFIED ECONOM-
 ICALLY DISADVANTAGED REGION CANDIDATES SHALL  BE  CREDITED  TOWARDS  THE
 ACHIEVEMENT  OF  BOTH  EMPLOYMENT GOALS SET FORTH IN THIS PARAGRAPH, AND
 FURTHER PROVIDED THAT PRIOR TO RELEASING A  SOLICITATION  FOR  A  TRANS-
 ACTION  OR  OTHERWISE  INITIATING  A  PROCESS FOR ENTERING INTO A TRANS-
 ACTION, AS APPLICABLE, THE DIRECTOR MAY WAIVE  SUCH  REQUIREMENTS  WHERE
 THE  DIRECTOR  DETERMINES  IN  WRITING  THAT  SUCH WAIVER IS IN THE BEST
 INTEREST OF THE CITY;
   (8) REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS  TO  INTERVIEW
 AND  TO  EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES IN ORDER
 TO  MEET  EMPLOYMENT  GOALS  RELATING  TO  WORK  THAT  NEITHER  INVOLVES
 CONSTRUCTION WORK NOR BUILDING SERVICE WORK, AND ESTABLISHING SUCH GOALS
 BASED ON:
   (I)  THE PERCENTAGE OF THE CUMULATIVE HOURS OF LABOR PERFORMED BY SUCH
 CANDIDATES;
   (II) THE PERCENTAGE OF EMPLOYMENT OPPORTUNITIES FILLED BY SUCH  CANDI-
 DATES; OR
   (III) THE TOTAL VALUE OF THE TRANSACTION;
   (9)  REQUIRING  SUBCONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTER-
 VIEW, AS APPROPRIATE, AND TO EXTEND OFFERS OF  EMPLOYMENT  TO  QUALIFIED
 CANDIDATES  IN ORDER TO MEET ANY EMPLOYMENT GOALS DESCRIBED IN PARAGRAPH
 SIX OR EIGHT OF THIS  SUBDIVISION  AND  ESTABLISHED  PURSUANT  TO  RULES
 ADOPTED BY THE DIRECTOR;
   (10)  ESTABLISHING  A  SCHEDULE  OF  CIVIL PENALTIES, BASED ON FACTORS
 INCLUDING BUT NOT LIMITED TO A CONTRACTOR'S  INDUSTRY  OR  ANY  RELEVANT
 OCCUPATIONS EMPLOYED BY A CONTRACTOR OR SUBCONTRACTOR, THAT THE DIRECTOR
 OR  AN  APPLICABLE AGENCY MAY IMPOSE ON A CONTRACTOR DUE TO THE CONTRAC-
 TOR'S OR  SUBCONTRACTOR'S  NON-COMPLIANCE  WITH  AN  OBLIGATION  CREATED
 PURSUANT  TO  THIS  SECTION  AND  A PROCEDURE FOR THE IMPOSITION OF SUCH
 PENALTIES, WHICH WILL NOT EXCLUDE OTHER  REMEDIES  ESTABLISHED  IN  THIS
 CHARTER  OR  ANY  OTHER  LAW,  PROVIDED THAT ANY CIVIL PENALTIES IMPOSED
 PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO  THOUSAND  FIVE  HUNDRED
 DOLLARS  FOR EACH NON-COMPLIANCE WITH SUCH AN OBLIGATION OR EACH FAILURE
 TO CORRECT SUCH NON-COMPLIANCE, AND FURTHER PROVIDED THAT  WHEN  PROMUL-
 GATING  RULES  ESTABLISHING  OR AMENDING SUCH A SCHEDULE OF CIVIL PENAL-
 TIES, THE DIRECTOR SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH PENALTIES
 ON CONTRACTORS AND SUBCONTRACTORS THAT ARE MWBES, NOT-FOR-PROFIT  CORPO-
 RATIONS, OR SMALL BUSINESSES;
   (11)  DESIGNATING  PAPER  OR  ELECTRONIC FORMATS FOR THE SUBMISSION OF
 DOCUMENTS RELATED TO THE SELECTION AND OPERATION OF REFERRAL SOURCES AND
 CONTRACTORS AND SUBCONTRACTORS SUBJECT TO GOALS PURSUANT  TO  PARAGRAPHS
 SIX  THROUGH  NINE OF THIS SUBDIVISION, AS APPLICABLE, INCLUDING BUT NOT
 LIMITED TO, DOCUMENTS CONTAINING INFORMATION REQUIRED PURSUANT TO  PARA-
 GRAPHS  ONE AND THREE OF THIS SUBDIVISION AND SUBDIVISION C AND SUBPARA-
 GRAPHS (E) AND (F) OF PARAGRAPH ONE OF SUBDIVISION D  OF  THIS  SECTION;
 SOLICITATION  DOCUMENTS AND RESPONSES, INCLUDING BIDS AND PROPOSALS; AND
 S. 4006                            116                           A. 3006
 
 DATA RELATED TO LABOR  PERFORMED  PURSUANT  TO  TRANSACTIONS,  INCLUDING
 PAYROLL REPORTS, AS APPLICABLE; AND
   (12)  (A) AUTHORIZING THE DIRECTOR TO ESTABLISH FACTORS BY WHICH GOALS
 DESCRIBED IN PARAGRAPHS SIX, EIGHT, AND NINE OF THIS SUBDIVISION WILL BE
 ESTABLISHED FOR INDIVIDUAL TRANSACTIONS, INCLUDING:
   (I) THE SCOPE OF THE TRANSACTION;
   (II) THE AVAILABILITY OF QUALIFIED ECONOMICALLY  DISADVANTAGED  CANDI-
 DATES AND ECONOMICALLY DISADVANTAGED REGION CANDIDATES;
   (III)  THE  NATURE  OF  ANY EMPLOYMENT OPPORTUNITIES THAT THE DIRECTOR
 EXPECTS WILL RESULT FROM THE TRANSACTION;
   (IV) THE POTENTIAL IMPACT OF SUCH GOAL ON CONTRACTORS AND  SUBCONTRAC-
 TORS,  AS  APPLICABLE,  THAT  ARE MWBES, NOT-FOR-PROFIT CORPORATIONS, OR
 SMALL BUSINESSES; AND
   (V) ANY OTHER SIMILAR FACTORS.
   (B) PRIOR TO SETTING A GOAL PURSUANT TO THIS SUBDIVISION FOR AN  INDI-
 VIDUAL  TRANSACTION,  THE  AGENCY  ENTERING  INTO  THE TRANSACTION SHALL
 CONSIDER THE GOALS SET FOR PREVIOUS, SIMILAR  TRANSACTIONS  AND  WHETHER
 SUCH GOALS WERE APPROPRIATE FOR SUCH TRANSACTIONS.
   B.  LISTS  OF ECONOMICALLY DISADVANTAGED REGIONS. NO LATER THAN NINETY
 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AT LEAST ONCE  DURING
 EACH TWELVE-MONTH PERIOD THEREAFTER, THE DIRECTOR SHALL PUBLISH A REPORT
 INCLUDING  AN  UPDATED  LIST  OF  ALL ECONOMICALLY DISADVANTAGED REGIONS
 WITHIN A RADIUS OF ONE HUNDRED MILES OF THE CITY  OR  ALL  SUCH  ECONOM-
 ICALLY DISADVANTAGED REGIONS WITHIN THE METROPOLITAN AREA. NOTHING SHALL
 PRECLUDE  AN INDIVIDUAL WHOSE RESIDENCE IS WITHIN AN ECONOMICALLY DISAD-
 VANTAGED REGION THAT IS NOT INCLUDED IN SUCH LIST FROM QUALIFYING AS  AN
 ECONOMICALLY  DISADVANTAGED  REGION  CANDIDATE FOR THE PURPOSES OF GOALS
 SET FORTH UNDER THIS SECTION.
   C. REPORTING. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER  THE  EFFEC-
 TIVE  DATE  OF  THIS  SECTION AND EACH QUARTER THEREAFTER, THE OFFICE OF
 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT SHALL PUBLISH A REPORT  ON  A
 WEBSITE  MAINTAINED OR CONTROLLED BY THE CITY, PURSUANT TO RULES ADOPTED
 BY THE DIRECTOR, THAT SHALL INCLUDE, FOR EACH TRANSACTION SUBJECT  TO  A
 GOAL  ESTABLISHED PURSUANT TO PARAGRAPH SIX, SEVEN, OR EIGHT OF SUBDIVI-
 SION A OF THIS  SECTION,  INFORMATION  DEMONSTRATING  THE  CORRESPONDING
 CONTRACTOR'S  PROGRESS TOWARDS MEETING SUCH GOAL AND, IF APPLICABLE, ANY
 SUBCONTRACTORS' PROGRESS TOWARDS MEETING ANY GOAL  ESTABLISHED  PURSUANT
 TO  PARAGRAPH SEVEN OR NINE OF SUBDIVISION A OF THIS SECTION, AND AGGRE-
 GATE INFORMATION REGARDING THE DEMOGRAPHICS AND COMPENSATION OF  ECONOM-
 ICALLY   DISADVANTAGED  REGION  CANDIDATES,  ECONOMICALLY  DISADVANTAGED
 CANDIDATES, AND APPRENTICES WHO ARE  ECONOMICALLY  DISADVANTAGED  REGION
 CANDIDATES,  AS APPLICABLE, RELATIVE TO ALL INDIVIDUALS EMPLOYED BY SUCH
 CONTRACTOR AND, IF APPLICABLE, SUBCONTRACTORS ON  SUCH  TRANSACTION.  IN
 COMPILING THIS REPORT, THE DIRECTOR SHALL, TO THE EXTENT HE OR SHE DEEMS
 FEASIBLE,  USE  DATA  SOURCES  ESTABLISHED OR MAINTAINED BY THE CITY FOR
 OTHER PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS
 ON CONTRACTORS AND SUBCONTRACTORS,  PROVIDED  THAT  WHERE  THE  DIRECTOR
 DETERMINES  THAT  SUCH  DATA  SOURCES  CANNOT  BE  USED TO COMPLETE SUCH
 REPORT, THE DIRECTOR MAY ADOPT RULES REQUIRING CONTRACTORS  AND  SUBCON-
 TRACTORS  TO  PROVIDE  SUCH  ADDITIONAL  DATA NECESSARY TO COMPLETE THIS
 REPORT, AND TO CERTIFY THE  ACCURACY  OF  SUCH  ADDITIONAL  INFORMATION.
 NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED TO AUTHORIZE THE DIREC-
 TOR  TO PROMULGATE RULES REQUIRING LABOR ORGANIZATIONS TO PROVIDE INFOR-
 MATION ON A REGULAR BASIS TO COMPLETE SUCH REPORTS.
   D. BEST EFFORTS. (1) IN DETERMINING WHETHER A  CONTRACTOR  OR  SUBCON-
 TRACTOR  HAS  EXERCISED BEST EFFORTS TO MEET THE EMPLOYMENT GOALS ESTAB-
 S. 4006                            117                           A. 3006
 
 LISHED PURSUANT TO SUBDIVISION A OF THIS  SECTION,  THE  DIRECTOR  SHALL
 CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV-
 ORED:
   (A)  TO  REVIEW  ECONOMICALLY  DISADVANTAGED  REGION  CANDIDATES'  AND
 ECONOMICALLY DISADVANTAGED CANDIDATES' QUALIFICATIONS, AS APPLICABLE, IN
 GOOD FAITH;
   (B) TO ADVERTISE EMPLOYMENT OPPORTUNITIES, AS APPLICABLE, IN A  MANNER
 REASONABLY  INTENDED  TO  ATTRACT  QUALIFIED  ECONOMICALLY DISADVANTAGED
 CANDIDATES OR ECONOMICALLY DISADVANTAGED REGION CANDIDATES, EXCEPT  THAT
 CONTRACTORS  AND SUBCONTRACTORS PERFORMING CONSTRUCTION WORK PURSUANT TO
 A PROJECT LABOR AGREEMENT SHALL NOT BE  REQUIRED TO ADVERTISE EMPLOYMENT
 OPPORTUNITIES FOR CONSTRUCTION WORK;
   (C) TO COORDINATE WITH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, AS
 APPLICABLE, IN ORDER TO INTERVIEW, IF APPLICABLE, AND EMPLOY SUCH CANDI-
 DATES IDENTIFIED BY SUCH REFERRAL SOURCES  OR  APPRENTICESHIP  PROGRAMS,
 PROVIDED THAT FOR CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION
 WORK  PURSUANT  TO  A  PROJECT  LABOR AGREEMENT, THE DIRECTOR SHALL ONLY
 CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV-
 ORED TO MEET SUCH GOALS BY COMPLYING WITH  THE  REFERRAL  PROVISIONS  OF
 SUCH PROJECT LABOR AGREEMENT;
   (D)  TO REVIEW AND ORGANIZE THE WORK UNDER THE TRANSACTION IN ORDER TO
 ELIMINATE OBSTACLES TO MEETING SUCH EMPLOYMENT GOALS;
   (E) TO MONITOR AND TO DOCUMENT  THE  CONTRACTOR'S  OR  SUBCONTRACTOR'S
 EFFORTS TO MEET THE EMPLOYMENT GOALS;
   (F)  TO  CONTACT THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOP-
 MENT AT ROUTINE INTERVALS, OR AS OTHERWISE REQUIRED BY RULE,  TO  INFORM
 THE  DIRECTOR OF THE CONTRACTOR'S OR SUBCONTRACTOR'S EFFORTS TO MEET THE
 EMPLOYMENT GOALS; AND
   (G) TO TAKE ALL OTHER COMMERCIALLY  REASONABLE  ACTIONS  TO  MEET  THE
 EMPLOYMENT GOALS.
   (2) IN ORDER TO EXERCISE BEST EFFORTS, NEITHER CONTRACTORS NOR SUBCON-
 TRACTORS ARE REQUIRED:
   (A) TO UNDERTAKE AN UNDUE FINANCIAL BURDEN;
   (B)  TO  TERMINATE OR SUBSTANTIALLY REDUCE THE WORK LEVELS OF ANY OF A
 CONTRACTOR'S OR SUBCONTRACTOR'S EXISTING EMPLOYEES;
   (C) TO EXTEND AN OFFER OF EMPLOYMENT  TO  AN  INDIVIDUAL  WHOSE  LABOR
 WOULD NOT BE COMMERCIALLY USEFUL; OR
   (D)  TO  FORGO  FILLING BUILDING SERVICE OPPORTUNITIES WITH ABSORPTION
 HIRES.
   E. DISCRETIONARY  APPLICATION  OF  GOALS.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF THIS SECTION, EMPLOYMENT GOALS AUTHORIZED UNDER PARAGRAPHS
 SIX, SEVEN, EIGHT AND NINE OF SUBDIVISION A OF THIS SECTION MAY, BUT ARE
 NOT REQUIRED TO BE, ESTABLISHED  FOR  TRANSACTIONS  THAT  ARE  EMERGENCY
 PROCUREMENT  CONTRACTS  PROCURED  PURSUANT TO THE PROCEDURE SET FORTH IN
 SECTION THREE HUNDRED FIFTEEN OF THIS CHARTER.
   F. ADJUSTMENT OF CONSTRUCTION GOALS. ON A BIANNUAL BASIS, THE DIRECTOR
 SHALL REVIEW AND THEREAFTER MAY PROMULGATE RULES INCREASING OR  DECREAS-
 ING  THE VALUE OF THE EMPLOYMENT GOALS ESTABLISHED UNDER PARAGRAPH SEVEN
 OF SUBDIVISION A OF THIS SECTION.
   G. WAGE PAYMENT ASSURANCES. THE DIRECTOR MAY PROMULGATE RULES  SETTING
 FORTH  STANDARDS AND A PROCEDURE BY WHICH CONTRACTORS AND SUBCONTRACTORS
 THAT THE DIRECTOR HAS DETERMINED HAVE A RECORD OF FAILING TO PAY  WAGES,
 INCLUDING  BUT  NOT  LIMITED  TO  PREVAILING WAGES AND BENEFITS REQUIRED
 PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW,  TO  INDIVIDUALS  PERFORMING
 CONSTRUCTION  LABOR  UNDER  A  TRANSACTION  SHALL BE REQUIRED TO PROVIDE
 ADDITIONAL ASSURANCES ACCEPTABLE TO THE DIRECTOR  IN  ORDER  TO  RECEIVE
 S. 4006                            118                           A. 3006
 
 CREDIT  TOWARDS  THE  ACHIEVEMENT OF EMPLOYMENT GOALS SET FORTH IN PARA-
 GRAPH SEVEN OF SUBDIVISION A OF THIS SECTION.
   §  3. Paragraph 1 of subdivision b of section 311 of the New York city
 charter, as amended by local law number 20 of the city of New  York  for
 the year 2004, is amended to read as follows:
   1.   the  methods  for  soliciting  bids  or  proposals  and  awarding
 contracts, consistent with the provisions of this chapter, PROVIDED THAT
 THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
 MAY PROMULGATE RULES AUTHORIZING AGENCIES TO INCORPORATE INTO THE  AWARD
 METHODOLOGY  FOR ANY CONTRACT A QUANTITATIVE FACTOR BASED ON A BIDDER OR
 PROPOSER'S CAPACITY TO MEET OR  EXCEED  GOALS  ESTABLISHED  PURSUANT  TO
 SUBDIVISION  A  OF  SECTION THIRTY-FIVE HUNDRED TWO OF THIS CHARTER, AND
 FURTHER PROVIDED THAT AGENCIES INCORPORATING SUCH A QUANTITATIVE  FACTOR
 INTO  THE AWARD METHODOLOGY FOR A CONTRACT PURSUANT TO SUCH A RULE SHALL
 CONSIDER THE POTENTIAL IMPACT OF SUCH A  QUANTITATIVE  FACTOR  ON  BUSI-
 NESSES  CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSU-
 ANT TO ARTICLE FIFTEEN-A  OF  THE  EXECUTIVE  LAW  OR  SECTION  THIRTEEN
 HUNDRED  FOUR  OF  THIS  CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL
 BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FIVE  HUNDRED  ONE
 OF THIS CHARTER;
   §  4.  Subparagraphs  (x) and (xi) of paragraph a of subdivision 36 of
 section 2590-h of the education law, as amended by  chapter  98  of  the
 laws of 2019, are amended and two new subparagraphs (xii) and (xiii) are
 added to read as follows:
   (x)  a  process for emergency procurement in the case of an unforeseen
 danger to life, safety, property or a necessary  service  provided  that
 such  procurement  shall be made with such competition as is practicable
 under the circumstances and that a written determination  of  the  basis
 for the emergency procurement shall be required and filed with the comp-
 troller  of  the  city of New York when such emergency contract is filed
 with such comptroller; [and]
   (xi) procedures for the fair  and  equitable  resolution  of  contract
 disputes[.];
   (XII)  EMPLOYMENT  GOALS  ESTABLISHED  IN  ACCORDANCE WITH THE PROGRAM
 ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW  YORK
 CITY  CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED
 PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING  BEST
 EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED,
 HOWEVER,  THAT  WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE
 DIRECTOR OF THE OFFICE OF COMMUNITY HIRING  AND  WORKFORCE  DEVELOPMENT,
 SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI-
 TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHANCELLOR
 OR HIS OR HER DESIGNEE; AND
   (XIII)  A  QUANTITATIVE  FACTOR  TO BE USED IN THE EVALUATION OF BIDS,
 PROPOSALS OR OTHER OFFERS FOR THE  PURPOSES  OF  AWARDING  OF  CONTRACTS
 BASED  ON  A  BIDDER,  PROPOSER  OR  OTHER OFFERER'S CAPACITY TO MEET OR
 EXCEED GOALS ESTABLISHED PURSUANT TO SUBPARAGRAPH (XII)  OF  THIS  PARA-
 GRAPH, PROVIDED THAT, WHEN INCORPORATING SUCH A QUANTITATIVE FACTOR INTO
 THE  AWARD  PROCESS  FOR  A CONTRACT, THE CHANCELLOR, SUPERINTENDENT, OR
 SCHOOL, AS APPLICABLE, SHALL CONSIDER THE POTENTIAL  IMPACT  OF  SUCH  A
 QUANTITATIVE  FACTOR  ON BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED
 BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE  LAW
 OR  SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, NOT-FOR-
 PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM  IS  DEFINED  IN
 SECTION THIRTY-FIVE HUNDRED ONE OF SUCH CHARTER.
 S. 4006                            119                           A. 3006
 
   §  5.  Subdivision (c) of section 917 of the general municipal law, as
 separately amended by chapter 1082 of the laws of 1974 and  chapter  239
 of the laws of 2001, is amended to read as follows:
   (c)  For the benefit of the city and the inhabitants thereof an indus-
 trial development agency, to be known as the New  York  City  Industrial
 Development  Agency, is hereby established for the accomplishment of any
 or all of the purposes specified in title one of article  eighteen-A  of
 this  chapter,  except  that it shall not have the power to construct or
 rehabilitate any residential facility or housing of any nature and  kind
 whatsoever,   nor  shall  it  use  any  of  its  funds  to  further  the
 construction or rehabilitation of any residential facility or housing of
 any nature and kind whatsoever. It shall constitute a body corporate and
 politic, and be perpetual in duration. It shall only have the powers and
 duties conferred by title one of article eighteen-A of this chapter upon
 industrial development agencies as of January 1,  1973  except  that  it
 shall have the power to finance a rail freight facility AND THE POWER TO
 ESTABLISH  EMPLOYMENT  GOALS  IN ACCORDANCE WITH THE PROGRAM ESTABLISHED
 PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK  CITY  CHAR-
 TER,  INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT
 TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING  BEST  EFFORTS
 PROVISIONS  SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEV-
 ER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIREC-
 TOR OF THE OFFICE OF COMMUNITY HIRING AND  WORKFORCE  DEVELOPMENT,  SUCH
 ACTION  SHALL  NOT  BE  TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNITY
 HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHIEF  EXECU-
 TIVE OFFICER OF THE AGENCY OR HIS OR HER DESIGNEE, and it shall not have
 the  power of condemnation. In the exercise of the powers conferred upon
 such agency with respect to the acquisition of real property by  article
 eighteen-A of this chapter such agency shall be limited to the geograph-
 ical jurisdictional limits of the city.
   §  6.  Section  816-b of the labor law, as added by chapter 571 of the
 laws of 2001, is amended to read as follows:
   §  816-b.  Apprenticeship  participation  on  [construction]   CERTAIN
 GOVERNMENTAL contracts. 1. For purposes of this section:
   (a)  "governmental  entity" shall mean the state, any state agency, as
 that term is defined in section two-a of the state finance law,  munici-
 pal  corporation, commission appointed pursuant to law, school district,
 district corporation, board of education, board  of  cooperative  educa-
 tional  services,  soil conservation district, and public benefit corpo-
 ration; [and]
   (b) "construction contract" shall mean any contract to which a govern-
 mental entity may be a direct  or  indirect  party  which  involves  the
 design, construction, reconstruction, improvement, rehabilitation, main-
 tenance, repair, furnishing, equipping of or otherwise providing for any
 building, facility or physical structure of any kind; AND
   (C) "CITY GOVERNMENTAL ENTITY" MEANS A GOVERNMENTAL ENTITY THAT IS (I)
 A  CITY  WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS; OR (II) A
 CITY SCHOOL DISTRICT OR PUBLIC BENEFIT CORPORATION  OPERATING  PRIMARILY
 WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS.
   2. Notwithstanding any other provision of this article, of section one
 hundred three of the general municipal law, of section one hundred thir-
 ty-five  of  the  state finance law, of section one hundred fifty-one of
 the public housing law, or of any other general, special or local law or
 administrative code, in  entering  into  any  construction  contract,  a
 governmental  entity [which] THAT is to be a direct or indirect party to
 such contract may require that any contractors and subcontractors  have,
 S. 4006                            120                           A. 3006
 
 prior  to  entering into such contract, apprenticeship agreements appro-
 priate for the type and scope of work to be performed,  that  have  been
 registered  with,  and  approved  by,  the  commissioner pursuant to the
 requirements found in this article. A CITY GOVERNMENTAL ENTITY THAT IS A
 DIRECT  OR  INDIRECT PARTY TO A CONTRACT, INCLUDING BUT NOT LIMITED TO A
 CONSTRUCTION CONTRACT, MAY ESTABLISH IN ITS SPECIFICATIONS A REQUIREMENT
 THAT, IN PERFORMING THE WORK,  THE  CONTRACTOR  AND  ITS  SUBCONTRACTORS
 UTILIZE  A  MINIMUM  RATIO  OF  APPRENTICES TO JOURNEY-LEVEL WORKERS, AS
 ESTABLISHED BY THE GOVERNMENTAL ENTITY BUT SUBJECT TO ANY MAXIMUM  RATIO
 ESTABLISHED  BY  THE  DEPARTMENT, FOR ANY CLASSIFICATION APPROPRIATE FOR
 THE TYPE AND SCOPE OF WORK TO BE PERFORMED, PROVIDED THAT NO SUCH  MINI-
 MUM  RATIO  SHALL  BE  ESTABLISHED  FOR  LABOR  PERFORMED  PURSUANT TO A
 CONSTRUCTION CONTRACT SUBJECT TO A GOAL FOR THE  EMPLOYMENT  OF  APPREN-
 TICES WHO RESIDE IN ECONOMICALLY DISADVANTAGED REGIONS. Whenever utiliz-
 ing  [this requirement] THESE REQUIREMENTS, the governmental entity may,
 in addition to whatever considerations are required by law, consider the
 degree to which career opportunities in apprenticeship training programs
 approved by the commissioner may be provided.
   § 7. Notwithstanding any provision of law to the contrary,  any  city-
 affiliated  not-for-profit  corporation,  as  such  term  is  defined in
 section 3501 of the New York city charter, is  authorized  to  establish
 employment  goals in accordance with the program established pursuant to
 section 3502 of such charter, including but not  limited  to  employment
 goals  established  pursuant  to  paragraph  7  of subdivision a and the
 corresponding best efforts provisions set forth in subdivision d of such
 section; provided, however, that  where  a  provision  of  such  section
 requires  action  by  the director of the office of community hiring and
 workforce development of the city of New York, such action shall not  be
 taken  by  the  director of the office of community hiring and workforce
 development but shall be taken by the chief executive  officer  of  such
 corporation, or a duly appointed designee.
   § 8. Section 1728 of the public authorities law is amended by adding a
 new subdivision 15-a to read as follows:
   15-A.  TO  ESTABLISH  EMPLOYMENT  GOALS IN ACCORDANCE WITH THE PROGRAM
 ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW  YORK
 CITY  CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED
 PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING  BEST
 EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED,
 HOWEVER,  THAT  WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE
 DIRECTOR OF THE OFFICE OF COMMUNITY HIRING  AND  WORKFORCE  DEVELOPMENT,
 SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI-
 TY  HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE PRESIDENT
 OF THE AUTHORITY OR HIS OR HER DESIGNEE;
   § 9. The opening paragraph of paragraph d of subdivision 5 of  section
 1734  of the public authorities law, as added by chapter 738 of the laws
 of 1988, is amended to read as follows:
   the authority determines that it is in the public  interest  to  award
 contracts  pursuant  to a process for competitive requests for proposals
 as hereinafter set forth. For purposes of this section,  a  process  for
 competitive  requests  for  proposals  shall mean a method of soliciting
 proposals and awarding a contract on the basis of a formal evaluation of
 the characteristics, such  as  quality,  cost,  delivery  schedule,  THE
 CAPACITY  TO MEET OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A
 OF SECTION SEVENTEEN HUNDRED TWENTY-EIGHT OF THIS TITLE and financing of
 such proposals against stated selection criteria. Public notice  of  the
 requests  for proposals shall be given in the same manner as provided in
 S. 4006                            121                           A. 3006
 
 subdivision three of this section and shall include the selection crite-
 ria. In the event the authority makes a material change in the selection
 criteria from those previously stated in the notice, it will inform  all
 proposers of such change and permit proposers to modify their proposals.
 WHEN  THE AUTHORITY INCLUDES IN THE SELECTION CRITERIA FOR A REQUEST FOR
 PROPOSALS A QUANTITATIVE FACTOR BASED ON A PROPOSER'S CAPACITY  TO  MEET
 OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A OF SECTION SEVEN-
 TEEN  HUNDRED  TWENTY-EIGHT  OF THIS TITLE, THE AUTHORITY SHALL CONSIDER
 THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES  CERTI-
 FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE
 FIFTEEN-A OF THE EXECUTIVE LAW, SECTION THIRTEEN HUNDRED FOUR OF THE NEW
 YORK  CITY  CHARTER,  OR  SECTION  SEVENTEEN HUNDRED FORTY-THREE OF THIS
 TITLE, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS  SUCH  TERM
 IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW YORK CITY CHAR-
 TER.
   §  10.  Section  5  of  section  1 of chapter 1016 of the laws of 1969
 constituting the New York city health and hospitals corporation act,  is
 amended by adding a new subdivision 20-a to read as follows:
   20-A.  TO  ESTABLISH  EMPLOYMENT  GOALS IN ACCORDANCE WITH THE PROGRAM
 ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW  YORK
 CITY  CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED
 PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING  BEST
 EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED,
 HOWEVER,  THAT  WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE
 DIRECTOR OF THE OFFICE OF COMMUNITY HIRING  AND  WORKFORCE  DEVELOPMENT,
 SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI-
 TY  HIRING  AND  WORKFORCE  DEVELOPMENT  BUT  SHALL  BE  TAKEN BY A DULY
 APPOINTED DESIGNEE OF THE CORPORATION; AND
   § 11. Section 8 of section 1 of chapter  1016  of  the  laws  of  1969
 constituting  the New York city health and hospitals corporation act, is
 amended by adding a new subdivision 1-a to read as follows:
   1-A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT, THE  CORPORATION
 MAY ESTABLISH A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS
 FOR  THE  PURPOSES OF AWARDING OF CONTRACTS BASED ON A BIDDER'S CAPACITY
 TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-A  OF
 SECTION FIVE OF THIS ACT, PROVIDED THAT WHEN ESTABLISHING SUCH A QUANTI-
 TATIVE  FACTOR,  THE  CORPORATION SHALL CONSIDER THE POTENTIAL IMPACT OF
 SUCH A QUANTITATIVE  FACTOR  ON  BUSINESSES  CERTIFIED  AS  MINORITY  OR
 WOMEN-OWNED  BUSINESS  ENTERPRISES  PURSUANT TO ARTICLE FIFTEEN-A OF THE
 EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR  OF  THE  NEW  YORK  CITY
 CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM
 IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW YORK CITY CHAR-
 TER;
   §  12.  Subdivision  b of section 2 of chapter 749 of the laws of 2019
 constituting the New York city public works investment act,  is  amended
 by adding a new paragraph 12-a to read as follows:
   (12-A)  A  QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS OR
 OFFERS FOR AWARDING OF CONTRACTS BASED ON A BIDDER OR OFFERER'S CAPACITY
 TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION A OF SECTION
 3502 OF THE NEW YORK CITY CHARTER;
   § 13. No provision of this act shall be construed  to  invalidate  any
 provision  of  a  project  labor  agreement,  as such term is defined in
 section 3501 of the New York city charter, as added by  section  two  of
 this  act,  or  otherwise  affect the contractual rights of any party to
 such an agreement.
 S. 4006                            122                           A. 3006
 
   § 14. Severability. If any clause, sentence, paragraph, or section  of
 this  act is declared invalid or unconstitutional by any court of compe-
 tent jurisdiction, after exhaustion of all further judicial review, such
 portion shall be deemed severable, and the court's  judgment  shall  not
 affect,  impair  or  invalidate  the remainder of this act, but shall be
 confined in its operation to the clause, sentence, paragraph, or section
 of this act directly involved in the controversy in which  the  judgment
 was rendered.
   §  15.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided that:
   (a) sections one, two, three, five,  six,  seven,  eight,  nine,  ten,
 eleven,  thirteen,  and  fourteen of this act shall expire and be deemed
 repealed seven years after this act takes  effect,  provided  that  such
 expiration  and repeal shall not affect any transaction, as such term is
 defined by section 3501 of the  New  York  city  charter,  as  added  by
 section  two  of  this act, entered into or for which a solicitation was
 released prior to such expiration and repeal, or to any renewals, exten-
 sions, modifications, or amendments to such transaction;
   (b) the amendments to paragraph a of subdivision 36 of section  2590-h
 of  the  education law made by section four of this act shall not affect
 the expiration of such subdivision and section pursuant to section 34 of
 chapter 91 of the laws of 2002 and subdivision 12 of section 17 of chap-
 ter 345 of the laws of 2009, as amended, and shall expire and be  deemed
 repealed therewith, or seven years after this act takes effect, whichev-
 er  occurs  earlier,  provided that such expiration and repeal shall not
 affect any transaction entered into or  for  which  a  solicitation  was
 released prior to such expiration and repeal, or to any renewals, exten-
 sions, modifications, or amendments to such transaction; and
   (c) the amendments to chapter 749 of the laws of 2019 constituting the
 New York city public works investment act made by section twelve of this
 act  shall not affect the expiration and repeal of such chapter pursuant
 to section 14 of such chapter, as  amended,  and  shall  expire  and  be
 deemed  repealed  therewith, or seven years after this act takes effect,
 whichever occurs earlier.
   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 by the director of the office  of  community  hiring  and
 workforce  development  of  the city of New York, the chancellor and the
 city board of the city school district of the  city  of  New  York,  the
 president  of  the New York city school construction authority, the duly
 appointed designee of the New York  city  health  and  hospitals  corpo-
 ration,  the  chief  executive  officer  of the New York city industrial
 development agency, and the chief executive officer of any  city-affili-
 ated not-for-profit corporation, as such term is defined by section 3501
 of the New York city charter, as added by section two of this act.

                                  PART U
 
   Section  1. Subdivision 2 of section 410-u of the social services law,
 as amended by section 1 of part L of chapter 56 of the laws of 2022,  is
 amended to read as follows:
   2.  The  state  block  grant  for child care shall be divided into two
 parts pursuant to a plan developed by the department and approved by the
 director of the budget. One part shall  be  retained  by  the  state  to
 provide child care on a statewide basis to special groups and for activ-
 S. 4006                            123                           A. 3006
 
 ities  to  increase  the  availability  and/or  quality  of  child  care
 programs, including, but not limited to,  the  start-up  of  child  care
 programs,  the  operation  of child care resource and referral programs,
 training  activities,  the  regulation  and  monitoring  of  child  care
 programs, the development of computerized  data  systems,  and  consumer
 education,  provided  however,  that  child  care  resource and referral
 programs funded under title five-B of article six of this chapter  shall
 meet  additional  performance  standards  developed by the department of
 social services including but not limited to: increasing the  number  of
 child  care  placements  for  persons  who  are at or below [two hundred
 percent of the state income standard, or three hundred  percent  of  the
 state  income  standard effective August first, two thousand twenty-two,
 provided such persons are at or below] eighty-five percent of the  state
 median  income,  with emphasis on placements supporting local efforts in
 meeting federal and state work  participation  requirements,  increasing
 technical  assistance  to  all modalities of legal child care to persons
 who are at or below [two hundred percent of the state  income  standard,
 or  three  hundred percent of the state income standard effective August
 first, two thousand twenty-two, provided such persons are at  or  below]
 eighty-five  percent of the state median income, including the provision
 of training to assist providers in meeting child care standards or regu-
 latory requirements, and creating  new  child  care  opportunities,  and
 assisting social services districts in assessing and responding to child
 care  needs  for  persons  at or below [two hundred percent of the state
 income standard, or three hundred percent of the state  income  standard
 effective  August  first, two thousand twenty-two, provided such persons
 are at or below] eighty-five percent of the  state  median  income.  The
 department  shall  have the authority to withhold funds from those agen-
 cies which do not meet performance standards. Agencies whose  funds  are
 withheld  may  have funds restored upon achieving performance standards.
 The other part shall  be  allocated  to  social  services  districts  to
 provide  child  care  assistance to families receiving family assistance
 and to other low income families.
   § 2.  Subdivisions 1 and 3 of section 410-w  of  the  social  services
 law,  subdivision  1  as amended by section 2 of part L of chapter 56 of
 the laws of 2022, and subdivision 3 as amended by  chapter  834  of  the
 laws of 2022, are amended to read as follows:
   1.  A  social services district may use the funds allocated to it from
 the block grant to provide child care assistance to:
   (a) families receiving public assistance when such child care  assist-
 ance is necessary: to enable a parent or caretaker relative to engage in
 work,  participate  in  work  activities  or perform a community service
 pursuant to title nine-B of article five of this chapter;  to  enable  a
 teenage  parent  to  attend  high  school  or  other equivalent training
 program; because the parent  or  caretaker  relative  is  physically  or
 mentally incapacitated; or because family duties away from home necessi-
 tate the parent or caretaker relative's absence; child day care shall be
 provided during breaks in activities[, for a period of up to two weeks].
 Such child day care [may] SHALL be authorized [for a period of up to one
 month if child care arrangements shall be lost if not continued, and the
 program  or employment is scheduled to begin within such period] FOR THE
 PERIOD DESIGNATED BY THE REGULATIONS OF THE DEPARTMENT;
   (b) families with incomes up to [two  hundred  percent  of  the  state
 income  standard,  or three hundred percent of the state income standard
 effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT  OF
 THE  STATE  MEDIAN  INCOME who are attempting through work activities to
 S. 4006                            124                           A. 3006

 transition off of public assistance when such child care is necessary in
 order to enable a  parent  or  caretaker  relative  to  engage  in  work
 provided  such  families'  public  assistance  has  been terminated as a
 result  of  increased  hours  of  or income from employment or increased
 income from child support  payments  or  the  family  voluntarily  ended
 assistance; provided that the family received public assistance at least
 three  of  the  six  months preceding the month in which eligibility for
 such assistance terminated or ended or provided  that  such  family  has
 received  child care assistance under subdivision four of this section[;
 and provided, the family income does not exceed eighty-five  percent  of
 the state median income];
   (c)  families  with  incomes  up  to [two hundred percent of the state
 income standard, or three hundred percent of the state  income  standard
 effective  August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF
 THE STATE MEDIAN INCOME, which are determined  in  accordance  with  the
 regulations  of  the  department  to be at risk of becoming dependent on
 family assistance[; provided, the family income does not exceed  eighty-
 five percent of the state median income];
   (d)  families  with  incomes  up  to [two hundred percent of the state
 income standard, or three hundred percent of the state  income  standard
 effective  August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF
 THE STATE MEDIAN INCOME, who are attending a post secondary  educational
 program[;  provided,  the  family  income  does  not  exceed eighty-five
 percent of the state median income]; and
   (e) other families with incomes up to  [two  hundred  percent  of  the
 state  income  standard,  or  three  hundred percent of the state income
 standard effective August first,  two  thousand  twenty-two,  which  the
 social services district designates in its consolidated services plan as
 eligible  for  child  care  assistance] EIGHTY-FIVE PERCENT OF THE STATE
 MEDIAN INCOME in accordance with criteria  established  by  the  depart-
 ment[;  provided,  the family income does not exceed eighty-five percent
 of the state median income].
   3. A social services district shall guarantee child care assistance to
 families in receipt of public assistance with  children  under  thirteen
 years  of  age when such child care assistance is necessary for a parent
 or caretaker relative to engage in work or participate  in  work  activ-
 ities pursuant to the provisions of title nine-B of article five of this
 chapter.  Child care assistance shall continue to be guaranteed for such
 a family for a period of twelve months or may be provided  by  a  social
 service  district for a period up to twenty-four months, after the month
 in which the family's eligibility for public assistance  has  terminated
 or ended when such child care is necessary in order to enable the parent
 or  caretaker  relative  to  engage  in work, provided that the family's
 public assistance has been terminated as a result of an increase in  the
 hours  of  or  income  from  employment  or  increased income from child
 support payments or because the  family  voluntarily  ended  assistance;
 that  the family received public assistance in at least three of the six
 months preceding the month in  which  eligibility  for  such  assistance
 terminated or ended or provided that such family has received child care
 assistance under subdivision four of this section; AND that the family's
 income  does  not exceed [two hundred percent of the state income stand-
 ard, or three hundred percent of the  state  income  standard  effective
 August  first,  two thousand twenty-two; and that the family income does
 not exceed] eighty-five percent of the state median income.  Such  child
 day  care  shall recognize the need for continuity of care for the child
 S. 4006                            125                           A. 3006
 
 and a district shall not move a child from an existing  provider  unless
 the participant consents to such move.
   §  3.  Paragraph  (a)  of subdivision 2 of section 410-x of the social
 services law, as amended by chapter 416 of the laws of 2000, is  amended
 to read as follows:
   (a)  [A social services district] THE DEPARTMENT may establish priori-
 ties for the  families  which  will  be  eligible  to  receive  funding;
 provided that the priorities provide that eligible families will receive
 equitable access to child care assistance funds to the extent that these
 funds are available.
   §  4.  Paragraphs (b) and (c) of subdivision 2 of section 410-x of the
 social services law are REPEALED.
   § 5. This act shall take effect October 1, 2023. The office  of  chil-
 dren  and  family services is hereby authorized to promulgate such rules
 and regulations as may be necessary, including on an emergency basis, to
 implement the provisions of this act.
 
                                  PART V
 
   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 M of
 chapter 56 of the laws of 2022, is amended to read as follows:
   § 3. This act shall take effect immediately [and shall expire  and  be
 deemed  repealed April 1, 2023]; provided however that the amendments to
 subdivision 10 of section 153 of the social services law made by section
 one of this act, shall not affect the expiration of such subdivision and
 shall be deemed to expire therewith.
   § 2. This act shall take effect immediately.

                                  PART W
 
   Section 1. Section 11 of subpart A of part G of chapter 57 of the laws
 of 2012, amending the social services  law  and  the  family  court  act
 relating  to  establishing  a  juvenile  justice  services close to home
 initiative, as amended by section 2 of part G of chapter 56 of the  laws
 of 2018, is amended to read as follows:
   §  11.  This  act shall take effect April 1, 2012 [and shall expire on
 March 31, 2023 when upon such date the provisions of this act  shall  be
 deemed  repealed;  provided,  however,  that  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
 and directed to be made and completed on or before such effective  date;
 provided,  however,  upon  the  repeal  of  this  act, a social services
 district that has custody  of  a  juvenile  delinquent  pursuant  to  an
 approved juvenile justice services close to home initiative shall retain
 custody  of such juvenile delinquent until custody may be legally trans-
 ferred in an orderly fashion  to  the  office  of  children  and  family
 services].
   §  2.  Section  7  of subpart B of part G of chapter 57 of the laws of
 2012, amending the social services law, the family  court  act  and  the
 executive  law relating to juvenile delinquents, as amended by section 3
 of part G of chapter 56 of the laws of  2018,  is  amended  to  read  as
 follows:
   §  7.  This  act  shall take effect April 1, 2012 [and shall expire on
 March 31, 2023 when upon such date the provisions of this act  shall  be
 S. 4006                            126                           A. 3006

 deemed  repealed;  provided,  however,  that  effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the  implementation of this act on its effective date is authorized
 and directed to be made and completed on or before such effective date].
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 31, 2023.
 
                                  PART X
 
   Section 1. Subdivision 1 of section 336-a of the social services  law,
 as  amended  by  chapter  275 of the laws of 2017, is amended to read as
 follows:
   1. Social services districts shall make  available  vocational  educa-
 tional training and educational activities.  Such activities may include
 but  need not be limited to, high school education or education designed
 to prepare a participant for  a  high  school  equivalency  certificate,
 basic  and  remedial education, education in English proficiency, educa-
 tion or a course of  instruction  in  financial  literacy  and  personal
 finance  that  includes  instruction  on household cash management tech-
 niques, career advice to obtain a well  paying  and  secure  job,  using
 checking  and  savings  accounts, obtaining and utilizing short and long
 term credit, securing a loan or other long  term  financing  arrangement
 for  high  cost  items,  participation  in  a higher education course of
 instruction or trade school, and no more than a total of four  years  of
 post-secondary  education  (or  the  part-time  equivalent). Educational
 activities pursuant to this section may  be  offered  with  any  of  the
 following  providers  which meet the performance or assessment standards
 established in regulations by the commissioner  for  such  providers:  a
 community college, licensed trade school, registered business school, or
 a  two-year or four-year college; provided, however, that such post-sec-
 ondary education must be necessary to  the  attainment  of  the  partic-
 ipant's  individual  employment  goal  as set forth in the employability
 plan and such goal must relate directly to obtaining  useful  employment
 [in  a  recognized  occupation].  When making [any] AN assignment to any
 educational activity pursuant to this subdivision, such assignment shall
 be permitted only to the extent that such assignment is consistent  with
 the individual's assessment and employment plan goals in accordance with
 sections  three  hundred  thirty-five and three hundred thirty-five-a of
 this title and shall require that the individual maintains  satisfactory
 academic progress and hourly participation is documented consistent with
 federal  and  state requirements. For purposes of this provision "satis-
 factory academic progress" shall mean having a cumulative C average,  or
 its  equivalent, as determined by the academic institution. The require-
 ment to maintain satisfactory academic progress may be waived if done so
 by the academic institution and the social services  district  based  on
 undue  hardship  caused by an event such as a personal injury or illness
 of the student, the death of a relative of the student or  other  exten-
 uating circumstances. [Any enrollment in post-secondary education beyond
 a twelve month period must be combined with no less than twenty hours of
 participation  averaged  weekly in paid employment or work activities or
 community service when paid employment is not available.]  PARTICIPATION
 IN  AN  EDUCATIONAL  AND/OR  VOCATIONAL  TRAINING  PROGRAM,  THAT  SHALL
 INCLUDE, BUT  NOT  BE  LIMITED  TO,  A  TWO-YEAR  POST-SECONDARY  DEGREE
 PROGRAM, WHICH IS NECESSARY FOR THE PARTICIPANT TO ATTAIN THEIR INDIVID-
 UAL  EMPLOYMENT  GOAL AND IS LIKELY TO LEAD TO A DEGREE OR CERTIFICATION
 AND SUSTAINED  EMPLOYMENT, SHALL BE APPROVED CONSISTENT WITH SUCH  INDI-
 S. 4006                            127                           A. 3006

 VIDUAL'S  ASSESSMENT  AND  EMPLOYABILITY  PLAN  TO  THE EXTENT THAT SUCH
 APPROVAL DOES NOT JEOPARDIZE THE STATE'S ABILITY TO COMPLY WITH  FEDERAL
 WORK  PARTICIPATION  RATES, AS DETERMINED BY THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE.
   §  2.  Paragraph  (a)  of subdivision 8 of section 131-a of the social
 services law is amended by adding two new subparagraphs (xi)  and  (xii)
 to read as follows:
   (XI) ALL OF THE EARNED INCOME OF A RECIPIENT OF PUBLIC ASSISTANCE THAT
 IS  DERIVED  FROM PARTICIPATION IN A QUALIFIED WORK ACTIVITY OR TRAINING
 PROGRAM AS DETERMINED BY THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
 ANCE,  TO THE EXTENT THAT SUCH EARNED INCOME HAS NOT ALREADY BEEN DISRE-
 GARDED PURSUANT TO SUBPARAGRAPH (VII) OF THIS PARAGRAPH,  PROVIDED  THAT
 THE  RECIPIENT'S TOTAL INCOME SHALL NOT BE MORE THAN TWO HUNDRED PERCENT
 OF THE FEDERAL POVERTY LEVEL.
   (XII) ONCE DURING THE LIFETIME OF A RECIPIENT  OF  PUBLIC  ASSISTANCE,
 ALL OF THE EARNED INCOME OF SUCH RECIPIENT WILL BE DISREGARDED FOLLOWING
 JOB ENTRY, PROVIDED THAT SUCH EXEMPTION OF INCOME FOR PURPOSES OF PUBLIC
 ASSISTANCE  ELIGIBILITY SHALL BE FOR NO MORE THAN SIX CONSECUTIVE MONTHS
 FROM THE INITIAL DATE OF OBTAINING SUCH EMPLOYMENT AND THAT THE  RECIPI-
 ENT'S  TOTAL  INCOME  SHALL  NOT BE MORE THAN TWO HUNDRED PERCENT OF THE
 FEDERAL POVERTY LEVEL.
   § 3. This act shall take effect on the two hundred fortieth day  after
 it shall have become a law.
 
                                  PART Y

   Section  1. The social services law is amended by adding a new section
 152-d to read as follows:
   § 152-D. REPLACEMENT OF STOLEN PUBLIC ASSISTANCE.  1.  NOTWITHSTANDING
 SECTION  THREE HUNDRED FIFTY-J OF THIS ARTICLE AND SUBDIVISION ELEVEN OF
 SECTION ONE HUNDRED THIRTY-ONE OF THIS TITLE,  AND  IN  ACCORDANCE  WITH
 THIS  SECTION,  PUBLIC  ASSISTANCE  RECIPIENTS SHALL RECEIVE REPLACEMENT
 ASSISTANCE FOR THE LOSS OF PUBLIC ASSISTANCE, AS DEFINED IN  SUBDIVISION
 NINETEEN  OF  SECTION TWO OF THIS CHAPTER, IN INSTANCES WHEN SUCH PUBLIC
 ASSISTANCE HAS BEEN STOLEN AS A RESULT OF CARD SKIMMING, CLONING,  THIRD
 PARTY MISREPRESENTATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES, CONSIST-
 ENT  WITH  GUIDANCE  ISSUED  BY  THE  OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE.
   2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH A
 PROTOCOL FOR RECIPIENTS TO REPORT INCIDENTS OF STOLEN PUBLIC ASSISTANCE.
   3. SOCIAL SERVICES DISTRICTS  SHALL  PROMPTLY  REPLACE  STOLEN  PUBLIC
 ASSISTANCE,  HOWEVER,  SUCH  REPLACEMENT  SHALL OCCUR NO LATER THAN FIVE
 BUSINESS DAYS AFTER THE SOCIAL SERVICES DISTRICT HAS VERIFIED THE PUBLIC
 ASSISTANCE WAS STOLEN IN ACCORDANCE WITH  GUIDANCE  ESTABLISHED  BY  THE
 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.
   4.  FOR  PUBLIC  ASSISTANCE  THAT  IS  VERIFIED AS STOLEN, REPLACEMENT
 ASSISTANCE SHALL BE PROVIDED BY THE SOCIAL SERVICES DISTRICT IN  ACCORD-
 ANCE WITH THIS SECTION AS FOLLOWS:
   (A)  THE  LESSER  OF:  (I)  THE  AMOUNT  OF PUBLIC ASSISTANCE THAT WAS
 STOLEN; OR (II) THE AMOUNT OF PUBLIC ASSISTANCE PROVIDED DURING THE  TWO
 MOST RECENT MONTHS PRIOR TO SUCH ASSISTANCE BEING STOLEN; AND
   (B)(I)  NO  MORE  THAN  TWICE IN A FEDERAL FISCAL YEAR TO COVER PUBLIC
 ASSISTANCE STOLEN ON OR AFTER OCTOBER  FIRST,  TWO  THOUSAND  TWENTY-TWO
 THROUGH  SEPTEMBER  THIRTIETH, TWO THOUSAND TWENTY-FOUR; OR (II) NO MORE
 THAN ONCE IN A FEDERAL FISCAL YEAR TO COVER PUBLIC ASSISTANCE STOLEN  ON
 OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR.
 S. 4006                            128                           A. 3006
 
   5.  ANY  REPLACEMENT  ASSISTANCE  PROVIDED UNDER THIS SECTION SHALL BE
 EXEMPT FROM RECOUPMENT AND RECOVERY PROVISIONS UNDER TITLE SIX OF  ARTI-
 CLE  THREE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT ASSISTANCE SHALL NOT
 BE EXEMPT FROM RECOUPMENT AND RECOVERY IF IT IS  LATER  DETERMINED  THAT
 THE PUBLIC ASSISTANCE THAT WAS REPLACED PURSUANT TO THIS SECTION WAS NOT
 STOLEN  AS  A RESULT OF CARD SKIMMING, CLONING, THIRD PARTY MISREPRESEN-
 TATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES.
   § 2. This act shall take effect immediately.
 
                                  PART Z
 
   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 S of chapter 56 of the  laws  of  2022,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$161.00] $175.00 for each month beginning on or after
 January first, two thousand [twenty-two] TWENTY-THREE.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$186.00] $202.00 for each month beginning on
 or after January first, two thousand [twenty-two] TWENTY-THREE.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$222.00] $241.00 for each month
 beginning on or after January first, two thousand  [twenty-two]  TWENTY-
 THREE.
   (d)  for  the  period  commencing January first, two thousand [twenty-
 three] TWENTY-FOUR, 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-three]  TWENTY-FOUR,  but prior to June thirtieth, two
 thousand  [twenty-three]  TWENTY-FOUR,  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
 S of chapter 56 of the laws of 2022, are amended to read as follows:
   (a)  On  and  after  January  first, two thousand [twenty-two] TWENTY-
 THREE, for an eligible individual living alone, [$928.00] $1,001.00; and
 for an eligible couple living alone, [$1,365.00] $1,475.00.
   (b)  On  and  after   January   first,   two   thousand   [twenty-two]
 TWENTY-THREE,  for  an  eligible  individual  living with others with or
 without in-kind income, [$864.00] $937.00; and for  an  eligible  couple
 living   with   others  with  or  without  in-kind  income,  [$1,307.00]
 $1,417.00.
   (c) On and after January first, two thousand [twenty-two]TWENTY-THREE,
 (i) for  an  eligible  individual  receiving  family  care,  [$1,107.48]
 $1,180.48 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,
 S. 4006                            129                           A. 3006
 
 [$1,069.48]  $1,142.48;  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-two]
 TWENTY-THREE, (i) for an eligible individual receiving residential care,
 [$1,276.00] $1,349.00 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, [$1,246.00] $1,319.00; 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-two]
 TWENTY-THREE, (i) for an eligible individual receiving enhanced residen-
 tial  care,  [$1,535.00]  $1,608.00;  and  (ii)  for  an eligible couple
 receiving enhanced residential care, two times the amount set  forth  in
 subparagraph (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-three] TWEN-
 TY-FOUR but prior to June thirtieth, two thousand  [twenty-three]  TWEN-
 TY-FOUR.
   § 3. This act shall take effect December 31, 2023.
   § 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 Z 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. 4006--A                                            A. 3006--A
 
                       S E N A T E - A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 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; in relation to the high-impact tutoring set-aside; to amend the
   education law, in relation to foundation aid; to amend  the  education
   law, in relation to the number of charters issued; to amend the educa-
   tion law, in relation to actual valuation; to amend the education law,
   in  relation  to average daily attendance; to amend the education law,
   in relation to supplemental public  excess  cost  aid;  to  amend  the
   education  law,  in  relation to building aid for metal detectors, and
   safety devices for electrically operated partitions, room dividers and
   doors; 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 prospective prekindergarten  enroll-
   ment  reporting;  to  amend  the education law, in relation to transi-
   tional guidelines and rules; to amend the education law,  in  relation
   to  universal  prekindergarten expansions; to amend the education law,
   in relation to extending provisions of the statewide  universal  full-
   day  pre-kindergarten program; to amend the education law, in relation
   to state aid adjustments; to amend the education law, in  relation  to
   certain moneys apportioned; to amend the education law, in relation to
   zero emission bus progress reporting; 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
   effectiveness  thereof; to amend part CCC of chapter 59 of the laws of
   2018 amending the education law relating to a statement of  the  total
   funding allocation, in relation to the effectiveness thereof; to amend
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12572-02-3
 S. 4006--A                          2                         A. 3006--A
 
   chapter 147 of the laws of 2001 amending the education law relating to
   conditional  appointment  of  school district, charter school or BOCES
   employees, in relation to the effectiveness thereof; to amend  part  C
   of chapter 56 of the laws of 2020 directing the commissioner of educa-
   tion  to  appoint  a  monitor  for the Rochester city school district,
   establishing the powers and duties of such monitor and  certain  other
   officers  and  relating  to  the  apportionment  of aid to such school
   district, in relation to the effectiveness thereof; part C of  chapter
   57  of  the  laws  of  2004  relating  to the support of education, in
   relation to the effectiveness thereof; directing the education depart-
   ment to conduct a comprehensive study of alternative tuition rate-set-
   ting methodologies for approved  providers  operating  school-age  and
   preschool  programs  receiving  funding; to amend chapter  507  of the
   laws  of  1974  relating  to providing for the apportionment of  state
   monies  to certain nonpublic  schools,  to reimburse  them  for  their
   expenses in complying with certain state requirements for the adminis-
   tration of state testing and evaluation programs and for participation
   in  state  programs  for  the  reporting of basic educational data, in
   relation to the  calculation  of   nonpublic schools'  eligibility  to
   receive  aid; 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; providing for support of
   public libraries; to amend chapter 94 of the laws of 2002 relating  to
   the  financial  stability  of  the  Rochester city school district, in
   relation to the effectiveness thereof; and providing for the repeal of
   certain provisions upon expiration thereof  (Part  A);  to  amend  the
   education  law,  in  relation  to  tuition  authorization at the state
   university of New York and the city university of New York  (Part  B);
   to amend the education law, in relation to providing access to medica-
   tion  abortion  prescription drugs at the state university of New York
   and the city university of New York (Part C); to amend  the  education
   law,  in  relation  to removing the maximum award caps for the liberty
   partnerships program (Part D); to amend the business corporation  law,
   the partnership law and the limited liability company law, in relation
   to certified public accountants (Part E); to amend the general munici-
   pal  law  and  the public housing law, in relation to enacting the new
   homes targets and fast-track approval  act  (Part  F);  to  amend  the
   general  city  law,  the  town law and the village law, in relation to
   requiring certain densities  of  residential  dwellings  near  transit
   stations  (Part  G);  to  amend the public housing law, in relation to
   requiring certain housing production information to be reported to the
   division of housing and community renewal (Part H); to amend the  real
   property  actions and proceedings law, in relation to determining when
   a dwelling is abandoned (Part I); to amend the multiple dwelling  law,
   in  relation  to  modernizing  regulations for office building conver-
   sions; and providing for the repeal of certain provisions of such  law
   relating  thereto (Part J); to amend the multiple dwelling law and the
   private housing finance law, in relation to establishing a program  to
   address  the legalization of specified basement dwelling units and the
   conversion of other specified basement dwelling units in a city with a
   population of one million or more (Part  K);  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
   L); to amend the real property tax law, in relation to  authorizing  a
   tax  abatement  for alterations and improvements to multiple dwellings
 S. 4006--A                          3                         A. 3006--A
 
   for purposes of preserving habitability in  affordable  housing  (Part
   M);  to  amend the real property tax law, in relation to authorizing a
   city, town or village other than a  city  with  a  population  of  one
   million  or  more  to provide by local law for a tax exemption for new
   construction of eligible rental multiple dwellings (Part N); to  amend
   the real property tax law, in relation to providing a tax exemption on
   the  increase  in  value of property resulting from the addition of an
   accessory dwelling unit (Part O); 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 P); to utilize reserves in the mortgage
   insurance fund for various housing purposes (Part  Q);  to  amend  the
   real  property  tax  law,  in  relation to eligible multiple dwellings
   (Part R); to amend the  labor  law  and  the  public  health  law,  in
   relation  to indexing the minimum wage to inflation (Part S); to amend
   the New York city charter, the education law,  the  general  municipal
   law,  the  labor  law, the public authorities law, chapter 1016 of the
   laws of 1969 constituting the  New  York  city  health  and  hospitals
   corporation  act, and chapter 749 of the laws of 2019 constituting the
   New York city public works investment act, in  relation  to  providing
   for employment opportunities for economically disadvantaged candidates
   and  economically  disadvantaged  region candidates and apprenticeship
   utilization on public transactions; and providing for  the  repeal  of
   such  provisions upon expiration thereof (Part T); to amend the social
   services law, in relation to eligibility for  child  care  assistance;
   and  to  repeal  certain provisions of such law relating thereto (Part
   U); to amend part N of chapter 56 of the laws of  2020,  amending  the
   social  services  law relating to restructuring financing for residen-
   tial school placements, in relation to the effectiveness thereof (Part
   V); to amend subpart A of chapter 57 of the laws of 2012 amending  the
   social  services law and the family court act relating to establishing
   a juvenile justice services close to home  initiative,  and  to  amend
   subpart  B  of  part  G of chapter 57 of the laws of 2012 amending the
   social services law, the family court act and the executive law relat-
   ing to juvenile delinquents, in relation  to  making  such  provisions
   permanent  (Part  W); to amend the social services law, in relation to
   eliminating  the  requirement  for  combined   education   and   other
   work/activity assignments, directing approval of certain education and
   vocational  training  activities  up to two-year post-secondary degree
   programs and providing for a disregard of earned income received by  a
   recipient  of public assistance derived from participating in a quali-
   fied work activity or training program, and further  providing  for  a
   one-time  disregard of earned income following job entry for up to six
   consecutive months under certain circumstances (Part X); to amend  the
   social  services  law, in relation to the replacement of stolen public
   assistance (Part Y); and to amend the social services law, in relation
   to increasing the standards of monthly need for aged, blind and  disa-
   bled persons living in the community (Part Z)
 
   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 2023-2024 state fiscal year. Each component is
 S. 4006--A                          4                         A. 3006--A
 
 wholly contained within a Part identified as  Parts  A  through  Z.  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 chapter 556 of the laws of 2022, 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
 S. 4006--A                          5                         A. 3006--A
 
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand  fourteen  school  year;  and  provided  further that, a school
 district that submitted a contract for excellence for the  two  thousand
 fourteen--two  thousand  fifteen  school year, unless all schools in the
 district are identified as in good standing, shall submit a contract for
 excellence for the two thousand  fifteen--two  thousand  sixteen  school
 year  which shall, notwithstanding the requirements of subparagraph (vi)
 of paragraph a of subdivision two  of  this  section,  provide  for  the
 expenditure  of  an  amount  which  shall  be  not  less than the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further that a school district that submitted a contract for  excellence
 for  the  two thousand fifteen--two thousand sixteen school year, unless
 all schools in the district are identified as in  good  standing,  shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of  subparagraph (vi) of paragraph a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand fifteen--two  thousand  sixteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand sixteen--two thousand  seventeen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 seventeen--two  thousand eighteen school year which shall, notwithstand-
 ing the requirements of subparagraph (vi) of paragraph a of  subdivision
 two  of  this  section,  provide  for the expenditure of an amount which
 shall be not less than the amount approved by the  commissioner  in  the
 contract  for  excellence  for  the  two  thousand sixteen--two thousand
 seventeen school year; and provided further that a school district  that
 submitted  a contract for excellence for the two thousand seventeen--two
 thousand eighteen school year, unless all schools in  the  district  are
 identified  as  in good standing, shall submit a contract for excellence
 for the two thousand eighteen--two thousand nineteen school  year  which
 shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
 graph a of subdivision two of this section, provide for the  expenditure
 of  an  amount  which  shall be not less than the amount approved by the
 commissioner in the contract for excellence for the two thousand  seven-
 teen--two  thousand  eighteen  school year; and provided further that, a
 school district that submitted a contract for  excellence  for  the  two
 thousand eighteen--two thousand nineteen school year, unless all schools
 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
 S. 4006--A                          6                         A. 3006--A
 
 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,
 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; 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 para-
 graph a of subdivision two of this section. For purposes of  this  para-
 graph,  the  "gap elimination adjustment percentage" shall be calculated
 as the sum of one minus the quotient of the sum of the school district's
 net gap elimination adjustment for two thousand ten--two thousand eleven
 computed pursuant to chapter fifty-three of the  laws  of  two  thousand
 ten,  making  appropriations  for  the  support  of government, plus the
 school district's gap elimination adjustment for two  thousand  eleven--
 two  thousand  twelve as computed pursuant to chapter fifty-three of the
 laws of two thousand eleven, making appropriations for  the  support  of
 the  local  assistance budget, including support for general support for
 public schools, divided by the total aid for adjustment computed  pursu-
 ant  to  chapter  fifty-three of the laws of two thousand eleven, making
 appropriations for the local assistance budget,  including  support  for
 general  support for public schools. Provided, further, that such amount
 shall be expended to support and maintain allowable programs and  activ-
 ities approved in the two thousand nine--two thousand ten school year or
 to  support  new  or  expanded  allowable programs and activities in the
 current year.
   § 2. Subdivision 4 of section 3602 of the education law is amended  by
 adding a new paragraph k to read as follows:
 S. 4006--A                          7                         A. 3006--A
 
   K.  FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO THOU-
 SAND TWENTY-FOUR SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO
 THE  CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--
 TWO THOUSAND TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO THE  SUM  OF  THE
 TOTAL  FOUNDATION  AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVI-
 SION ONE OF THIS SECTION PLUS THE GREATER OF (A)  THE  POSITIVE  DIFFER-
 ENCE, IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH
 A  OF  THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED
 PURSUANT TO PARAGRAPH 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.  Subdivision  4  of  section 3602 of education law is amended by
 adding a new paragraph e-1 to read as follows:
   E-1. HIGH-IMPACT TUTORING SET-ASIDE.  FOR  THE  TWO  THOUSAND  TWENTY-
 THREE--TWO  THOUSAND TWENTY-FOUR SCHOOL YEAR, EACH SCHOOL DISTRICT SHALL
 SET ASIDE FROM ITS TOTAL FOUNDATION AID THE AMOUNT SET  FORTH  FOR  EACH
 SCHOOL  DISTRICT  AS  "HIGH-IMPACT TUTORING SET-ASIDE" UNDER THE HEADING
 "2023-24 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED  BY
 THE  COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO
 THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND ENTITLED
 "BT232-4", AS COMPUTED PURSUANT TO THIS PARAGRAPH. EACH SCHOOL  DISTRICT
 SHALL  USE  SUCH  HIGH-IMPACT TUTORING SET-ASIDE AMOUNT TO DELIVER SMALL
 GROUP OR INDIVIDUAL TUTORING SESSIONS  IN  READING  AND  MATHEMATICS  TO
 STUDENTS  IN  GRADES  THREE  THROUGH  EIGHT  DESIGNATED  BY  EACH SCHOOL
 DISTRICT AS AT RISK OF FALLING BELOW STATE STANDARDS. SUCH SERVICES  AND
 SESSIONS  MAY BE PROVIDED DURING THE SCHOOL DAY, BEFORE OR AFTER SCHOOL,
 OR ON THE WEEKEND AND MUST OCCUR NO LESS THAN TWICE PER WEEK FOR NO LESS
 THAN THIRTY MINUTES UNTIL THE STUDENT IS  NO  LONGER  DESIGNATED  AS  AT
 RISK.  THE  FUNDS  SET  ASIDE  UNDER  THIS SECTION SHALL ONLY BE USED TO
 SUPPLEMENT CURRENT FEDERAL, STATE AND LOCAL FUNDING AND IN NO CASE SHALL
 SUPPLANT CURRENT DISTRICT EXPENDITURES OF FEDERAL, STATE OR LOCAL  FUNDS
 ON HIGH-IMPACT TUTORING.
   (1) FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL
 YEAR,  FOR  DISTRICTS  SUBJECT TO A HIGH-IMPACT TUTORING SET-ASIDE, THIS
 SET-ASIDE SHALL EQUAL THE GREATER OF: (I) ONE HUNDRED  THOUSAND  DOLLARS
 OR  (II)  THE PRODUCT OF (A) ONE THOUSAND ONE HUNDRED SEVENTY-SEVEN TEN-
 THOUSANDTHS (0.1177) MULTIPLIED BY (B) THE FOUNDATION AID INCREASE BASE.
   (2) A DISTRICT SHALL BE SUBJECT TO THE HIGH-IMPACT TUTORING  SET-ASIDE
 FOR  THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR
 IF (I) THE QUOTIENT ARRIVED AT WHEN DIVIDING THE FOUNDATION AID INCREASE
 BY THE FOUNDATION AID BASE IS GREATER THAN THREE HUNDREDTHS  (0.03)  AND
 (II)  THE FOUNDATION AID INCREASE BASE IS GREATER THAN ONE HUNDRED THOU-
 SAND DOLLARS ($100,000).
   (3) FOR PURPOSES OF THIS PARAGRAPH, "FOUNDATION  AID  INCREASE"  SHALL
 EQUAL  THE  POSITIVE DIFFERENCE OF THE AMOUNTS SET FORTH FOR EACH SCHOOL
 DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2023-24 ESTIMATED  AIDS"
 IN  THE  SCHOOL  AID  COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN
 SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR  THE  TWO  THOUSAND  TWENTY-
 THREE--TWO  THOUSAND TWENTY-FOUR SCHOOL YEAR AND ENTITLED "BT232-4" LESS
 THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER
 THE HEADING "2022-23 BASE YEAR AIDS" IN SUCH COMPUTER LISTING.
   (4) FOR PURPOSES OF THIS PARAGRAPH,  "FOUNDATION  AID  INCREASE  BASE"
 SHALL  EQUAL THE POSITIVE DIFFERENCE OF THE FOUNDATION AID INCREASE LESS
 THE PRODUCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE  TOTAL  FOUNDA-
 TION AID BASE.
 S. 4006--A                          8                         A. 3006--A
 
   §  4.   Subdivision 9 of section 2852 of the education law, as amended
 by section 2 of subpart A of part B of chapter 20 of the laws  of  2015,
 is amended to read as follows:
   9. The total number of charters issued pursuant to this article state-
 wide  shall not exceed four hundred sixty. (a) All charters issued on or
 after July first, two thousand fifteen and counted toward the  numerical
 limits  established  by this subdivision shall be issued by the board of
 regents upon application directly to the board  of  regents  or  on  the
 recommendation  of  the board of trustees of the state university of New
 York pursuant to a competitive process in  accordance  with  subdivision
 nine-a  of this section. [Fifty of such charters issued on or after July
 first, two thousand fifteen, and no more, shall be granted to a  charter
 for  a school to be located in a city having a population of one million
 or more.] The failure of any body to issue  the  regulations  authorized
 pursuant  to  this  article  shall not affect the authority of a charter
 entity to propose a charter to the board of  regents  or  the  board  of
 regents'  authority  to  grant such charter. A conversion of an existing
 public school to a charter school, or the  renewal  or  extension  of  a
 charter  approved  by any charter entity, OR THE REISSUANCE OF A SURREN-
 DERED, REVOKED OR TERMINATED CHARTER PURSUANT TO PARAGRAPH (B) OR  (B-1)
 OF  THIS  SUBDIVISION  shall  not be counted toward the numerical limits
 established by this subdivision.
   (b) A charter that has been surrendered, revoked or terminated  on  or
 before  July  first,  two thousand fifteen, including a charter that has
 not been renewed by action of its charter entity, may be reissued pursu-
 ant to paragraph (a) of this subdivision by the board of regents  either
 upon  application directly to the board of regents or on the recommenda-
 tion of the board of trustees of the state university of New York pursu-
 ant to a competitive process in accordance with  subdivision  nine-a  of
 this  section. Provided that such reissuance shall not be counted toward
 the statewide numerical  limit  established  by  this  subdivision,  and
 provided  further  that no more than twenty-two charters may be reissued
 pursuant to this paragraph.
   (B-1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A  CHARTER
 THAT  HAS  BEEN SURRENDERED, REVOKED OR TERMINATED AFTER JULY FIRST, TWO
 THOUSAND FIFTEEN, INCLUDING A CHARTER  THAT  HAS  NOT  BEEN  RENEWED  BY
 ACTION  OF ITS CHARTER ENTITY, MAY BE REISSUED PURSUANT TO PARAGRAPH (A)
 OF THIS SUBDIVISION BY THE BOARD  OF  REGENTS  EITHER  UPON  APPLICATION
 DIRECTLY  TO  THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF THE BOARD
 OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT  TO  A  COMPET-
 ITIVE  PROCESS  IN  ACCORDANCE  WITH SUBDIVISION NINE-A OF THIS SECTION.
 PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD THE  STATEWIDE
 NUMERICAL LIMIT ESTABLISHED BY THIS SUBDIVISION.
   (c)  For  purposes  of determining the total number of charters issued
 within  the  numerical  limits  established  by  this  subdivision,  the
 approval date of the charter entity shall be the determining factor.
   (d) Notwithstanding any provision of this article to the contrary, any
 charter  authorized  to  be issued by chapter fifty-seven of the laws of
 two thousand seven effective July first, two thousand  seven,  and  that
 remains  unissued  as of July first, two thousand fifteen, may be issued
 pursuant to the provisions of law applicable to a charter authorized  to
 be  issued  by such chapter in effect as of June fifteenth, two thousand
 fifteen[; provided however that  nothing  in  this  paragraph  shall  be
 construed  to increase the numerical limit applicable to a city having a
 population of one million or more as provided in paragraph (a)  of  this
 S. 4006--A                          9                         A. 3006--A

 subdivision, as amended by a chapter of the laws of two thousand fifteen
 which added this paragraph].
   §  5.  Paragraph  c  of subdivision 1 of section 3602 of the education
 law, as amended by section 11 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   c. "Actual valuation" shall mean the valuation of taxable real proper-
 ty  in  a  school  district obtained by taking the assessed valuation of
 taxable real property within  such  district  as  it  appears  upon  the
 assessment  roll  of  the  town,  city, village, or county in which such
 property is located, for the calendar year two years prior to the calen-
 dar year in which the base year commenced, after revision as provided by
 law, PLUS ANY ASSESSED VALUATION THAT WAS EXEMPTED FROM TAXATION  PURSU-
 ANT  TO  THE CLASS ONE REASSESSMENT EXEMPTION AUTHORIZED BY SECTION FOUR
 HUNDRED EIGHTY-FIVE-U OF THE REAL PROPERTY TAX LAW  OR  THE  RESIDENTIAL
 REVALUATION  EXEMPTION  AUTHORIZED BY SECTION FOUR HUNDRED EIGHTY-FIVE-V
 OF SUCH LAW AS ADDED BY CHAPTER FIVE HUNDRED SIXTY OF THE  LAWS  OF  TWO
 THOUSAND  TWENTY-ONE,  and dividing it by the state equalization rate as
 determined by the [state board of equalization and  assessment]  COMMIS-
 SIONER  OF  TAXATION  AND FINANCE, for the assessment roll of such town,
 city, village, or county completed during such preceding calendar  year.
 The  actual valuation of a central high school district shall be the sum
 of such valuations of its component  districts.  Such  actual  valuation
 shall  include  any  actual  valuation equivalent of payments in lieu of
 taxes determined pursuant to section four  hundred  eighty-five  of  the
 real property tax law. "Selected actual valuation" shall mean the lesser
 of  actual  valuation  calculated for aid payable in the current year or
 the two-year average of the actual valuation calculated for aid  payable
 in  the current year and the actual valuation calculated for aid payable
 in the base year.
   § 6. Paragraph d of subdivision 1 of section  3602  of  the  education
 law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
   d. "Average daily attendance" shall mean the total number  of  attend-
 ance  days  of pupils in a public school of a school district in kinder-
 garten through grade twelve, or equivalent ungraded programs,  plus  the
 total  number  of  instruction  days for such pupils receiving homebound
 instruction including pupils receiving [instruction  through  a  two-way
 telephone  communication  system]  REMOTE  INSTRUCTION AS DEFINED IN THE
 REGULATIONS OF THE COMMISSIONER, divided  by  the  number  of  days  the
 district  school was in session as provided in this section. The attend-
 ance of pupils with disabilities attending under the provisions of para-
 graph c of subdivision two of section forty-four  hundred  one  of  this
 chapter shall be added to average daily attendance.
   §  7.  Paragraph  l  of subdivision 1 of section 3602 of the education
 law, as amended by section 11 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   l.  "Average  daily  membership"  shall  mean  the  possible aggregate
 attendance of all pupils in attendance in a public school of the  school
 district  in  kindergarten  through grade twelve, or equivalent ungraded
 programs,  including  possible  aggregate  attendance  for  such  pupils
 receiving homebound instruction, including pupils receiving [instruction
 through  a two-way telephone communication system] REMOTE INSTRUCTION AS
 DEFINED IN THE REGULATIONS OF THE COMMISSIONER, with the possible aggre-
 gate attendance of such pupils in one-half day kindergartens  multiplied
 by  one-half,  divided  by the number of days the district school was in
 session as provided in this section. The full time equivalent enrollment
 S. 4006--A                         10                         A. 3006--A
 
 of pupils with disabilities attending under the provisions of  paragraph
 c  of  subdivision two of section forty-four hundred one of this chapter
 shall be added to average daily membership.   Average  daily  membership
 shall  include  the  equivalent  attendance  of  the school district, as
 computed pursuant to paragraph d of this subdivision.  In  any  instance
 where  a  pupil  is  a resident of another state or an Indian pupil is a
 resident of any portion of a reservation located wholly or partly within
 the borders of the state pursuant to subdivision four of section  forty-
 one  hundred one of this chapter or a pupil is living on federally owned
 land or property, such pupil's possible aggregate  attendance  shall  be
 counted  as  part  of  the  possible  aggregate attendance of the school
 district in which such pupil is enrolled.
   § 8. The closing paragraph of subdivision 5-a of section 3602  of  the
 education  law,  as amended by section 14 of part A of chapter 56 of the
 laws of 2022, is amended to read as follows:
   For the two thousand eight--two thousand nine school year, each school
 district shall be entitled to an apportionment equal to the  product  of
 fifteen  percent  and  the additional apportionment computed pursuant to
 this subdivision for the two thousand seven--two thousand  eight  school
 year.  For the two thousand nine--two thousand ten [through two thousand
 twenty-two--two thousand twenty-three] school [years] YEAR AND THEREAFT-
 ER each school district shall be entitled to an apportionment  equal  to
 the  amount  set  forth  for  such  school district as "SUPPLEMENTAL PUB
 EXCESS COST" under the heading "2008-09 BASE YEAR AIDS"  in  the  school
 aid  computer  listing  produced  by  the commissioner in support of the
 budget for the two thousand nine--two thousand ten school year and enti-
 tled "SA0910".
   § 9. Paragraph b of subdivision 6-c of section 3602 of  the  education
 law,  as  amended by section 11 of part CCC of chapter 59 of the laws of
 2018, is amended to read as follows:
   b. For projects approved by the  commissioner  authorized  to  receive
 additional building aid pursuant to this subdivision for the purchase of
 stationary  metal  detectors, security cameras or other security devices
 approved by the commissioner that increase the safety  of  students  and
 school  personnel,  provided  that  for  purposes of this paragraph such
 other security devices shall be limited to electronic  security  systems
 and  hardened  doors,  and  provided  that  for projects approved by the
 commissioner on or after the first day of  July  two  thousand  thirteen
 [and  before the first day of July two thousand twenty-three] such addi-
 tional aid shall equal  the  product  of  (i)  the  building  aid  ratio
 computed for use in the current year pursuant to paragraph c of subdivi-
 sion  six  of this section plus ten percentage points, except that in no
 case shall this amount exceed one hundred percent, and (ii)  the  actual
 approved  expenditures incurred in the base year pursuant to this subdi-
 vision, provided that the limitations on cost allowances  prescribed  by
 paragraph  a  of  subdivision  six  of this section shall not apply, and
 provided further that any projects aided under this  paragraph  must  be
 included  in  a  district's  school  safety plan. The commissioner shall
 annually prescribe a special cost allowance  for  metal  detectors,  and
 security  cameras,  and  the approved expenditures shall not exceed such
 cost allowance.
   § 10. Paragraph i of subdivision 12 of section 3602 of  the  education
 law,  as  amended  by  section 15 of part A of chapter 56 of the laws of
 2022, is amended to read as follows:
   i. For the two thousand  twenty-one--two  thousand  twenty-two  school
 year [and] THROUGH the two thousand [twenty-two] TWENTY-THREE--two thou-
 S. 4006--A                         11                         A. 3006--A
 
 sand  [twenty-three] TWENTY-FOUR 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.
   § 11. The opening paragraph of subdivision 16 of section 3602  of  the
 education  law,  as amended by section 16 of part A of chapter 56 of the
 laws of 2022, is amended to read as follows:
   Each school district shall be eligible  to  receive  a  high  tax  aid
 apportionment  in the two thousand eight--two thousand nine school year,
 which shall equal the greater of (i) the sum of the tier 1 high tax  aid
 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
 tax  aid apportionment or (ii) the product of the apportionment received
 by the school district pursuant to this subdivision in the two  thousand
 seven--two  thousand  eight  school  year, multiplied by the due-minimum
 factor, which shall equal, for districts with an alternate pupil  wealth
 ratio  computed  pursuant  to  paragraph  b of subdivision three of this
 section that is less than two, seventy percent (0.70), and for all other
 districts, fifty percent (0.50). Each school district shall be  eligible
 to  receive  a  high tax aid apportionment in the two thousand nine--two
 thousand ten through two thousand twelve--two thousand  thirteen  school
 years in the amount set forth for such school district as "HIGH TAX AID"
 under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  nine--two thousand ten school year and entitled "SA0910".
 Each school district shall be eligible to receive a high tax aid  appor-
 tionment in the two thousand thirteen--two thousand fourteen through two
 thousand  [twenty-two] TWENTY-THREE--two thousand [twenty-three] TWENTY-
 FOUR school years equal to the greater of (1) the amount set  forth  for
 such  school  district as "HIGH TAX AID" under the heading "2008-09 BASE
 YEAR AIDS" in the school aid computer listing produced  by  the  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".
   § 12. Section 3602-e of the education law is amended by adding  a  new
 subdivision 3 to read as follows:
   3.  PROSPECTIVE  PREKINDERGARTEN ENROLLMENT REPORTING. A. BEGINNING IN
 THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, ALL
 SCHOOL DISTRICTS ELIGIBLE TO RECEIVE AN APPORTIONMENT UNDER THIS SECTION
 OR SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART SHALL ANNUALLY  REPORT
 TO  THE  COMMISSIONER:  (I)  THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN
 STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL-DAY AND HALF-DAY SLOTS IN
 DISTRICT-OPERATED PROGRAMS IN THE CURRENT YEAR; (II) THE NUMBER OF FOUR-
 YEAR-OLD PREKINDERGARTEN STUDENTS THE DISTRICT INTENDS TO SERVE IN FULL-
 DAY AND HALF-DAY SLOTS IN PROGRAMS OPERATED BY COMMUNITY-BASED ORGANIZA-
 TIONS  IN  THE  CURRENT  YEAR;  (III)  THE   NUMBER   OF   FOUR-YEAR-OLD
 PREKINDERGARTEN STUDENTS WHOSE PARENT OR GUARDIAN HAS APPLIED FOR A SEAT
 FOR THEM IN THE CURRENT YEAR, BUT TO WHOM THE DISTRICT LACKS CAPACITY TO
 OFFER  A  SEAT; (IV) THE TOTAL NUMBER OF FOUR-YEAR-OLD CHILDREN RESIDING
 S. 4006--A                         12                         A. 3006--A
 
 IN THE DISTRICT WHO ARE ELIGIBLE TO BE SERVED  UNDER  THIS  SECTION  AND
 SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART, INCLUDING STUDENTS WHOSE
 PARENT  OR GUARDIAN DID NOT APPLY, WHERE SUCH INFORMATION CAN BE REASON-
 ABLY  ASCERTAINED;  (V) THE TOTAL NUMBER OF STUDENTS WHO ARE ELIGIBLE TO
 ENROLL IN  FOUR-YEAR-OLD  PREKINDERGARTEN  BUT  ARE  SERVED  IN  PRIVATE
 SETTINGS  OR  WHOSE  PARENT  OR  GUARDIAN  HAS  NOT CHOSEN TO ENROLL THE
 STUDENT IN A PREKINDERGARTEN  PROGRAM  WHERE  SUCH  INFORMATION  CAN  BE
 REASONABLY  ASCERTAINED;  AND  (VI)  ANY  OTHER INFORMATION AVAILABLE TO
 DISTRICTS AND NECESSARY TO ACCURATELY  ESTIMATE  THE  UNMET  DEMAND  FOR
 FOUR-YEAR-OLD  PREKINDERGARTEN SERVICES WITHIN THE DISTRICT. THIS REPORT
 SHALL BE DUE NO LATER THAN SEPTEMBER FIRST OF EACH  YEAR  AND  SHALL  BE
 COLLECTED  AS  PART OF THE APPLICATION SPECIFIED PURSUANT TO SUBDIVISION
 FIVE OF THIS SECTION. BEGINNING NOVEMBER  FIRST,  TWO  THOUSAND  TWENTY-
 THREE,  THE  COMMISSIONER  SHALL  ANNUALLY SUBMIT A REPORT TO THE CHAIR-
 PERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRPERSON OF  THE
 SENATE  FINANCE  COMMITTEE  AND  THE  DIRECTOR OF THE BUDGET WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO  THE  INFORMATION  REPORTED  BY  DISTRICTS
 UNDER THIS SUBDIVISION.
   § 13. Subdivision 20 of section 3602-e of the education law is amended
 by adding a new paragraph b to read as follows:
   B. TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
   (I) THE UNIVERSAL PREKINDERGARTEN EXPANSION FOR THE TWO THOUSAND TWEN-
 TY-THREE--TWO  THOUSAND  TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO TWICE
 THE PRODUCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2)  SELECTED  AID  PER
 PREKINDERGARTEN  PUPIL  CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARA-
 GRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND  TWENTY-
 THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
   (II)  FOR PURPOSES OF THIS PARAGRAPH, "EXPANSION SLOTS" SHALL BE SLOTS
 FOR NEW FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS  FOR  PURPOSES  OF
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  B OF SUBDIVISION TEN OF THIS SECTION.
 EXPANSION SLOTS SHALL BE EQUAL TO THE POSITIVE DIFFERENCE,  IF  ANY,  OF
 (1) THE PRODUCT OF EIGHT HUNDRED NINETY-SEVEN THOUSANDTHS (0.897) MULTI-
 PLIED  BY  UNSERVED  FOUR-YEAR-OLD  PREKINDERGARTEN PUPILS AS DEFINED IN
 SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION LESS
 (2) THE SUM OF FOUR-YEAR-OLD STUDENTS SERVED PLUS THE UNDERSERVED COUNT.
 IF SUCH EXPANSION SLOTS ARE GREATER THAN OR EQUAL TO TEN BUT  LESS  THAN
 TWENTY, THE EXPANSION SLOTS SHALL BE TWENTY; IF SUCH EXPANSION SLOTS ARE
 LESS  THAN TEN, THE EXPANSION SLOTS SHALL BE ZERO; AND FOR A CITY SCHOOL
 DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR  MORE,  THE
 EXPANSION SLOTS SHALL BE ZERO.
   (III)  FOR PURPOSES OF THIS PARAGRAPH, "FOUR-YEAR-OLD STUDENTS SERVED"
 SHALL BE EQUAL TO THE SUM OF (1) THE NUMBER  OF  FOUR-YEAR-OLD  STUDENTS
 SERVED IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH
 MUST MEET THE REQUIREMENTS OF THIS SECTION AS REPORTED TO THE DEPARTMENT
 FOR  THE  TWO  THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR,
 PLUS (2)  THE  NUMBER  OF  FOUR-YEAR-OLD  STUDENTS  SERVED  IN  FULL-DAY
 SETTINGS  IN  A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF
 SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART AND FOR WHICH GRANTS WERE
 AWARDED PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
 YEAR, PLUS (3) THE NUMBER OF EXPANSION SLOTS ALLOCATED PURSUANT TO PARA-
 GRAPH B OF SUBDIVISION NINETEEN OF THIS SECTION, PLUS (4) THE NUMBER  OF
 EXPANSION  SLOTS  ALLOCATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION,
 PLUS (5) THE MAXIMUM NUMBER OF STUDENTS THAT MAY BE SERVED  IN  FULL-DAY
 PREKINDERGARTEN  PROGRAMS  FUNDED BY GRANTS WHICH MUST MEET THE REQUIRE-
 MENTS OF SECTION THIRTY-SIX HUNDRED  TWO-EE  OF  THIS  PART  FOR  GRANTS
 S. 4006--A                         13                         A. 3006--A
 
 AWARDED  IN  THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO OR TWO
 THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR.
   (IV)  FOR  PURPOSES  OF THIS PARAGRAPH, THE UNDERSERVED COUNT SHALL BE
 EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE SUM OF (A) ELIGIBLE
 FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH
 (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOU-
 SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, PLUS (B) THE PROD-
 UCT OF FIVE-TENTHS (0.5) AND THE ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKIN-
 DERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH  (III)  OF  PARAGRAPH  B  OF
 SUBDIVISION  TEN  OF  THIS  SECTION FOR THE TWO THOUSAND TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO SCHOOL YEAR, LESS (2) THE POSITIVE DIFFERENCE OF (A)
 THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED  IN  FULL-DAY  AND  HALF-DAY
 SETTINGS  IN  A STATE-FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF
 THIS SECTION AS REPORTED TO THE DEPARTMENT FOR THE TWO THOUSAND  TWENTY-
 ONE--TWO  THOUSAND TWENTY-TWO SCHOOL YEAR, WITH STUDENTS SERVED IN HALF-
 DAY SETTINGS MULTIPLIED BY FIVE-TENTHS (0.5), LESS  (B)  THE  NUMBER  OF
 PUPILS  SERVED  IN  A  CONVERSION  SLOT  PURSUANT  TO SECTION THIRTY-SIX
 HUNDRED TWO-EE OF THIS PART IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO SCHOOL YEAR MULTIPLIED BY FIVE-TENTHS (0.5).
   § 14. Paragraph d of subdivision 12 of section 3602-e of the education
 law, as amended by section 17-b of part A of chapter 56 of the  laws  of
 2022, is amended to read as follows:
   d. transitional guidelines and rules which allow a program to meet the
 required  staff  qualifications  and  any  other  requirements set forth
 pursuant to this section and regulations adopted by the board of regents
 and the commissioner; provided that such guidelines  include  an  annual
 process  by  which  a district may apply to the commissioner by [August]
 SEPTEMBER first of the current school year for a waiver that would allow
 personnel employed by an eligible agency that is  collaborating  with  a
 school  district  to provide prekindergarten services and licensed by an
 agency other than the  department,  to  meet  the  staff  qualifications
 prescribed  by  the  licensing or registering agency. Provided, further,
 that the commissioner shall annually  submit  a  report  by  [September]
 NOVEMBER first to the chairperson of the assembly ways and means commit-
 tee, the chairperson of the senate finance committee and the director of
 the  budget which shall include but not be limited to the following: (a)
 a listing of the school districts receiving a waiver  pursuant  to  this
 paragraph  from  the  commissioner  for the current school year; (b) the
 number and proportion of students within each district receiving a waiv-
 er pursuant to this paragraph for  the  current  school  year  that  are
 receiving instruction from personnel employed by an eligible agency that
 is  collaborating  with  a  school  district  to provide prekindergarten
 services and licensed by an agency other than the  department;  and  (c)
 the  number  and  proportion of total prekindergarten personnel for each
 school district that are providing instructional  services  pursuant  to
 this  paragraph  that are employed by an eligible agency that is collab-
 orating with a school district to provide prekindergarten  services  and
 licensed by an agency other than the department, to meet the staff qual-
 ifications prescribed by the licensing or registering agency.
   § 15. Paragraph c of subdivision 8 of section 3602-ee of the education
 law,  as  amended by section 17-a of part A of chapter 56 of the laws of
 2022, is amended to read as follows:
   (c) for eligible agencies as defined in paragraph b of subdivision one
 of section thirty-six hundred two-e of this part that are not schools, a
 bachelor's degree in early childhood education. Provided however, begin-
 ning with the two thousand twenty-two--two thousand twenty-three  school
 S. 4006--A                         14                         A. 3006--A

 year,  a  school  district  may  annually  apply  to the commissioner by
 [August] SEPTEMBER first of the current school year for  a  waiver  that
 would allow personnel employed by an eligible agency that is collaborat-
 ing  with  a  school  district  to  provide prekindergarten services and
 licensed by an agency other than the department, to meet the staff qual-
 ifications prescribed by the licensing or registering  agency.  Provided
 further that the commissioner shall annually submit a report by [Septem-
 ber]  NOVEMBER  first  to the chairperson of the assembly ways and means
 committee, the chairperson of  the  senate  finance  committee  and  the
 director  of  the  budget  which shall include but not be limited to the
 following: (a) a listing of the  school  districts  receiving  a  waiver
 pursuant  to this paragraph from the commissioner for the current school
 year; (b) the number and proportion of  students  within  each  district
 receiving  a  waiver  pursuant  to this paragraph for the current school
 year that are receiving instruction from personnel employed by an eligi-
 ble agency that is collaborating with a school district to provide prek-
 indergarten services and licensed by an agency other  than  the  depart-
 ment;  and  (c)  the  number  and  proportion  of  total prekindergarten
 personnel for each school  district  that  are  providing  instructional
 services  pursuant  to  this  paragraph that are employed by an eligible
 agency that is collaborating with a school district to  provide  prekin-
 dergarten  services and licensed by an agency other than the department,
 to meet the staff qualifications prescribed by the licensing  or  regis-
 tering agency.
   §  16.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 17 of part A of chapter 56 of the laws  of  2022,  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-three] TWENTY-FOUR; provided that the program shall continue and
 remain in full effect.
   §  17.  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
 S. 4006--A                         15                         A. 3006--A
 
 of (i) the sum of the amount of such excess payments that is  recognized
 as  a liability due to other governments by the district for the preced-
 ing school year and the positive remainder of the district's  unreserved
 fund  balance at the close of the preceding school year less the product
 of the district's total general  fund  expenditures  for  the  preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments.  The amount to be recovered in the second year shall equal the
 lesser of the remaining amount of such excess payments to  be  recovered
 or  one-third  of such excess payments, and the remaining amount of such
 excess payments shall be recovered in the third year.  Provided  further
 that,  notwithstanding  any  other  provisions  of this subdivision, any
 pending payment of moneys due to such district as a prior  year  adjust-
 ment  payable pursuant to paragraph c of this subdivision for aid claims
 that had been previously paid as current year aid payments in excess  of
 the  amount  to which the district is entitled and for which recovery of
 excess payments is to be made  pursuant  to  this  paragraph,  shall  be
 reduced  at  the  time  of  actual  payment by any remaining unrecovered
 balance of such excess payments, and the remaining scheduled  deductions
 of  such  excess payments pursuant to this paragraph shall be reduced by
 the commissioner to reflect the amount so recovered.  [The  commissioner
 shall certify no payment to a school district based on a claim submitted
 later  than three years after the close of the school year in which such
 payment was first to be made.  For claims for which payment is first  to
 be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
 the commissioner shall certify no payment to a school district based  on
 a  claim  submitted  later than two years after the close of such school
 year.] For claims for which payment is first to be made [in the nineteen
 hundred ninety-seven--ninety-eight school year and thereafter] PRIOR  TO
 THE  TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE 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-TWO--TWO THOUSAND TWENTY-THREE 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-TWO-
 -TWO THOUSAND TWENTY-THREE AND TWO THOUSAND  TWENTY-THREE--TWO  THOUSAND
 TWENTY-FOUR SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A
 SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS  PURSUANT TO SUBDIVISIONS FOUR,
 SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
 FILE USED TO PRODUCE THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY  THE
 COMMISSIONER  IN  SUPPORT  OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
 THE TWO THOUSAND TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR  STATE  FISCAL
 YEAR  AND  ENTITLED  "BT232-4", AND FURTHER PROVIDED THAT FOR ANY APPOR-
 S. 4006--A                         16                         A. 3006--A
 
 TIONMENTS 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, THIR-
 TY-SIX  HUNDRED  TWO-C,  THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED
 FIVE OF THIS CHAPTER FOR  THE  TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND
 TWENTY-FIVE  SCHOOL  YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY
 NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO  SUBDI-
 VISIONS  FOUR, SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX
 HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON  AN
 ELECTRONIC  DATA  FILE  USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING
 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET  REQUEST
 SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
   § 18. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  19 of part A of chapter 56 of the laws of 2022, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the  two  thousand  twenty-two--two thousand twenty-three
 school year, "moneys apportioned" shall mean the lesser of (i)  the  sum
 of  one  hundred  percent  of  the  respective amount set forth for each
 school district as payable pursuant to this section in  the  school  aid
 computer  listing  for  the current year produced by the commissioner in
 support of the budget which includes the 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-two--two thousand twenty-
 three school year, reference to such "school aid  computer  listing  for
 the  current year" shall mean the printouts entitled "SA222-3".] FOR AID
 PAYABLE IN  THE  TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR
 SCHOOL  YEAR  AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE SUM OF
 APPORTIONMENTS PROVIDED PURSUANT TO SUBDIVISION FOUR OF SECTION  THIRTY-
 SIX  HUNDRED TWO OF THIS ARTICLE PLUS THE LESSER OF:  (I) THE SUM OF ONE
 HUNDRED PERCENT OF THE RESPECTIVE  AMOUNT  SET  FORTH  FOR  EACH  SCHOOL
 S. 4006--A                         17                         A. 3006--A
 
 DISTRICT  AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID COMPUTER
 LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT  OF
 THE  EXECUTIVE  BUDGET  REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE
 GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDI-
 VIDUALIZED  PAYMENTS  DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS
 THE APPORTIONMENT PAYABLE DURING THE CURRENT  SCHOOL  YEAR  PURSUANT  TO
 SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
 PART  MINUS  ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR  ANY  DEDUCTION
 FROM  APPORTIONMENT PAYABLE PURSUANT TO THIS CHAPTER FOR COLLECTION OF A
 SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN  SUBDIVISION  EIGHT  OF
 SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED
 PURSUANT  TO  SUBPARAGRAPH  TWO-A  OF PARAGRAPH B OF SUBDIVISION FOUR OF
 SECTION NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS  PROVIDED
 PURSUANT  TO  SUBDIVISION  SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE
 FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE  OF
 SECTION  THIRTY-SIX  HUNDRED  FORTY-ONE OF THIS ARTICLE, LESS APPORTION-
 MENTS PROVIDED  PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION  THIRTY-SIX
 HUNDRED TWO OF THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE
 COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED,
 EXCLUDING  APPORTIONMENTS  PROVIDED  PURSUANT  TO  SUBDIVISION  FOUR  OF
 SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE; PROVIDED  HOWEVER,  THAT
 FOR  THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO
 THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR,  MONEYS  APPORTIONED
 SHALL  NOT  INCLUDE  ANY  AIDS  PAYABLE PURSUANT TO SUBDIVISIONS SIX AND
 FOURTEEN, IF 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. 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 "BT232-4".
   §  19.  Section  3638  of the education law is amended by adding a new
 subdivision 7 to read as follows:
   7. ZERO-EMISSION BUS PROGRESS REPORTING. A. BEGINNING IN THE TWO THOU-
 SAND TWENTY-THREE--TWO THOUSAND  TWENTY-FOUR  SCHOOL  YEAR,  ALL  SCHOOL
 DISTRICTS  ELIGIBLE  TO RECEIVE AN APPORTIONMENT UNDER SUBDIVISION SEVEN
 OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL ANNUALLY  SUBMIT
 TO  THE COMMISSIONER A PROGRESS REPORT ON THE IMPLEMENTATION OF ZERO-EM-
 ISSION BUSES AS REQUIRED UNDER THIS SECTION IN A  FORMAT  PRESCRIBED  BY
 THE COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET.  THE REPORT
 SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, (I) SUFFICIENCY OF THE ELECTRIC
 GRID TO SUPPORT ANTICIPATED ELECTRICAL NEEDS, (II) THE AVAILABILITY  AND
 INSTALLATION  OF  CHARGING  STATIONS  AND  OTHER  COMPONENTS REQUIRED TO
 SUPPORT THE ANTICIPATED FULL NEEDS FOR ZERO-EMISSION SCHOOL BUSES, (III)
 PROGRESS OF THE TRAINING AND WORKFORCE DEVELOPMENT  NEEDED  TO  SUPPORT,
 MAINTAIN,  AND  SERVICE ZERO-EMISSION BUSES, (IV) THE NUMBER AND PROPOR-
 TION OF ZERO-EMISSION BUSES PURCHASED, LEASED, OR UTILIZED BY  DISTRICTS
 PROVIDING  TRANSPORTATION SERVICES CURRENTLY IN USE AND THE TOTAL ANTIC-
 IPATED NUMBER FOR THE NEXT TWO YEARS, AND (V) THE NUMBER AND  PROPORTION
 OF  ZERO-EMISSION  BUSES  PURCHASED,  LEASED, OR UTILIZED BY CONTRACTORS
 PROVIDING TRANSPORTATION SERVICES CURRENTLY IN USE AND THE TOTAL  ANTIC-
 IPATED  NUMBER  FOR  THE NEXT TWO YEARS.   THESE REPORTS SHALL BE DUE NO
 LATER THAN AUGUST FIRST OF EACH YEAR.    BEGINNING  OCTOBER  FIRST,  TWO
 THOUSAND  TWENTY-THREE,  THE COMMISSIONER SHALL ANNUALLY SUBMIT A REPORT
 S. 4006--A                         18                         A. 3006--A
 
 TO THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE  CHAIR-
 PERSON  OF  THE  SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET
 WHICH SHALL INCLUDE BUT NOT BE LIMITED TO THE  INFORMATION  REPORTED  BY
 DISTRICTS UNDER THIS SUBDIVISION.
   §  20.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
 relating to funding a program for work force education conducted by  the
 consortium  for worker education in New York city, as amended by section
 20 of part A of chapter 56 of the laws of 2022, 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,  [and]  reimbursement  for  the  2022--2023  school year shall not
 exceed 55.7 percent of the lesser of such approvable costs  per  contact
 hour or sixteen dollars and sixty cents per contact hour, AND REIMBURSE-
 MENT FOR THE 2023--2024 SCHOOL YEAR SHALL NOT EXCEED 54.7 PERCENT OF THE
 LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR EIGHTEEN DOLLARS PER
 CONTACT  HOUR,  and  where  a  contact  hour represents sixty minutes of
 instruction services provided to an eligible adult.  Notwithstanding any
 other provision of law to the contrary, for the 2018--2019  school  year
 such contact hours shall not exceed one million four hundred sixty-three
 thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school
 year  such  contact  hours  shall  not  exceed  one million four hundred
 forty-four  thousand  four  hundred  forty-four  (1,444,444);  for   the
 2020--2021  school  year such contact hours shall not exceed one million
 four hundred six thousand nine hundred twenty-six (1,406,926);  for  the
 2021--2022  school  year such contact hours shall not exceed one million
 four hundred sixteen thousand one hundred twenty-two (1,416,122);  [and]
 for  the  2022--2023 school year such contact hours shall not exceed one
 million 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 ONE HUNDRED SIXTY-EIGHT  THOUSAND  SIX  HUNDRED  NINETY-NINE
 (1,168,699). 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.
   §  21. Section 4 of chapter 756 of the laws of 1992, relating to fund-
 ing a program for work force education conducted by the  consortium  for
 worker  education  in New York city, is amended by adding a new subdivi-
 sion bb to read as follows:
   BB. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION OF PAYMENTS FOR THE 2023--24 SCHOOL YEAR. NOTWITHSTANDING ANY
 INCONSISTENT  PROVISIONS  OF  LAW,  THE  COMMISSIONER OF EDUCATION SHALL
 WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
 S. 4006--A                         19                         A. 3006--A
 
 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).
   § 22. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
 ing  a  program for work force education conducted by the consortium for
 worker education in New York city, as amended by section 22 of part A of
 chapter 56 of the laws of 2022, is amended to read as follows:
   § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
 repealed [on] June 30, [2023] 2024.
   §  23.  Subdivision  2  of section 44 of part CCC of chapter 59 of the
 laws of 2018 amending the education law, relating to a statement of  the
 total funding allocation, is amended to read as follows:
   2.  Sections  four  and  four-a of this act shall expire and be deemed
 repealed June 30, [2023] 2028; and
   § 24. Section 12 of chapter 147 of  the  laws  of  2001  amending  the
 education  law  relating  to conditional appointment of school district,
 charter school or BOCES employees, as amended by section 24 of part A of
 chapter 56 of the laws of 2022, is amended to read as follows:
   § 12. This act shall take effect on the same date as  chapter  180  of
 the  laws of 2000 takes effect[, and shall expire July 1, 2023 when upon
 such date the provisions of this act shall be deemed repealed].
   § 25. Section 12 of part C of chapter 56 of the laws of 2020   direct-
 ing  the  commissioner  of education to appoint   a   monitor   for  the
 Rochester city  school district,  establishing  the  powers  and  duties
 of such monitor and certain other officers and relating to the    appor-
 tionment    of  aid   to such   school   district, is amended to read as
 follows:
   § 12. This act shall take effect immediately, provided, however,  that
 sections two, three, four, five, six, seven, eight, nine and ten of this
 act  shall  expire  and  be  deemed  repealed  June 30, [2023] 2025; and
 provided further, however that sections one and eleven of this act shall
 expire and be deemed repealed June 30, 2049.
   § 26. Subdivision 11 of section 94 of part C of chapter 57 of the laws
 of 2004 relating to the support of education, as amended by  section  37
 of  part  A  of  chapter  56  of the laws of 2020, is amended to read as
 follows:
   11. section seventy-one  of  this  act  shall  expire  and  be  deemed
 repealed June 30, [2023] 2028;
   §  27. 1. The education department shall conduct a comprehensive study
 of alternative tuition rate-setting methodologies for approved providers
 operating school-age programs receiving funding  under  article  81  and
 article  89  of  the  education  law  and  providers  operating approved
 preschool special education programs under section 4410 of the education
 law. The department shall ensure that such  study  consider  stakeholder
 feedback  and  include, but not be limited to, a comparative analysis of
 rate-setting methodologies utilized by other agencies of  the  state  of
 New  York, including the rate-setting methodology utilized by the office
 of children and family services for private residential school programs;
 options and recommendations for an alternative rate-setting  methodology
 or methodologies; cost estimates for such alternative methodologies; and
 an  analysis of current provider tuition rates compared to tuition rates
 that would be established under such alternative methodologies.
   2. At a minimum, any recommended alternative rate-setting  methodology
 or  methodologies  proposed  for such preschool and school-age providers
 S. 4006--A                         20                         A. 3006--A
 
 shall: (a)  in total, be cost neutral to the state, school districts and
 counties; (b) substantially restrict or eliminate tuition rate  appeals;
 (c)  establish  tuition  rates that are calculated based on standardized
 parameters  and criteria, including, but not limited to, defined program
 and staffing models, regional costs,  and  minimum  required  enrollment
 levels  as  a  percentage of program operating capacities; (d) include a
 schedule to phase in new tuition rates in  accordance  with  the  recom-
 mended  methodology  or  methodologies; and (e) ensure tuition rates for
 all programs can be calculated no  later  than  the  beginning  of  each
 school year.
   3.  The  education  department  shall  present its recommendations and
 analysis to the division of the budget  no  later  than  July  1,  2025,
 provided,  however, that the department shall regularly consult with the
 division of the budget throughout completion of its study.  Adoption  of
 any  alternative  rate-setting  methodologies  shall  be  subject to the
 approval of the director of the division of the budget.
   § 28. Section 3 of chapter 507  of  the  laws  of  1974,  relating  to
 providing  for  the  apportionment  of state monies to certain nonpublic
 schools, to reimburse them for their expenses in complying with  certain
 state  requirements  for  the administration of state testing and evalu-
 ation programs and for participation in state programs for the reporting
 of basic educational data, as amended by section 38 of part A of chapter
 56 of the laws of 2021, is amended to read as follows:
   § 3. Apportionment. a. The commissioner shall  annually  apportion  to
 each  qualifying  school,  for  school years beginning on and after July
 first, nineteen hundred seventy-four, an amount equal to the actual cost
 incurred by each such  school  during  the  preceding  school  year  for
 providing  services  required  by  law  to  be  rendered to the state in
 compliance  with  the  requirements  of  the  state's  pupil  evaluation
 program,  the  basic  educational data system, regents examinations, the
 statewide evaluation plan, the uniform procedure  for  pupil  attendance
 reporting,  the  state's  immunization  program  and other similar state
 prepared examinations and reporting  procedures.    Provided  that  each
 nonpublic  school that seeks aid payable in the two thousand twenty--two
 thousand twenty-one school year to reimburse two thousand  nineteen--two
 thousand  twenty  school year expenses shall submit a claim for such aid
 to the state education department no later than May fifteenth, two thou-
 sand twenty-one and such claims shall be paid  by  the  state  education
 department  no  later  than  June  thirtieth,  two  thousand twenty-one.
 Provided further that each nonpublic school that seeks  aid  payable  in
 the  two  thousand  twenty-one--two  thousand twenty-two school year and
 thereafter shall submit a claim for such  aid  to  the  state  education
 department  no later than April first of the school year in which aid is
 payable and such claims shall be paid by the state education  department
 no  later  than  May thirty-first of such school year.  PROVIDED FURTHER
 THAT, FOR AID PAYABLE IN THE  TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND
 TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, THE STATE'S LIABILITY UNDER THIS
 SECTION  SHALL  BE  LIMITED  TO  THE ANNUAL AMOUNT APPROPRIATED FOR SUCH
 PURPOSE. IN THE EVENT THAT TOTAL CLAIMS SUBMITTED EXCEED  THE  APPROPRI-
 ATION  AVAILABLE FOR SUCH AID, EACH CLAIMANT SHALL ONLY BE REIMBURSED AN
 AMOUNT EQUAL TO THE PERCENTAGE THAT EACH SUCH CLAIMANT REPRESENTS TO THE
 TOTAL OF ALL CLAIMS SUBMITTED.
   b. Such nonpublic schools shall be eligible to receive  aid  based  on
 the  number  of days or portion of days attendance is taken and either a
 5.0/5.5 hour standard instructional day, or another work day  as  certi-
 fied by the nonpublic school officials, in accordance with the methodol-
 S. 4006--A                         21                         A. 3006--A
 
 ogy  for  computing  salary  and  benefits  applied by the department in
 paying aid for the two thousand twelve--two thousand thirteen and  prior
 school years.
   c. The commissioner shall annually apportion to each qualifying school
 in  the  cities  of  New  York,  Buffalo and Rochester, for school years
 beginning on or after July first two thousand sixteen, an  amount  equal
 to  the  actual  cost  incurred by each such school during the preceding
 school year in meeting the recording and reporting requirements  of  the
 state  school  immunization program, provided that the state's liability
 shall be limited to the amount appropriated for this purpose.
   § 29. 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  2024  and  not later than the last day of the third full
 business week of June 2024, 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, 2024, for salary expenses incurred between April  1  and
 June 30, 2023 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 1 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 1 and 2 of this section shall first be  deducted  from  the
 S. 4006--A                         22                         A. 3006--A
 
 following  payments  due  the  school  district  during  the school year
 following the year in which application was made  pursuant  to  subpara-
 graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
 3609-a  of  the education law in the following order: the lottery appor-
 tionment payable pursuant to subparagraph 2 of such  paragraph  followed
 by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
 paragraph and then followed by the district's payments to the  teachers'
 retirement  system pursuant to subparagraph 1 of such paragraph, and any
 remainder to be  deducted  from  the  individualized  payments  due  the
 district  pursuant  to paragraph b of such subdivision shall be deducted
 on a chronological basis starting with  the  earliest  payment  due  the
 district.
   §  30. Special apportionment for public pension accruals. 1.  Notwith-
 standing any other provision of law, upon application to the commission-
 er of education, not later than June 30, 2024, 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, 2024 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 1 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 1 and 2 of this section shall first be  deducted  from  the
 following  payments  due  the  school  district  during  the school year
 following the year in which application was made  pursuant  to  subpara-
 graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
 3609-a of the education law in the following order: the  lottery  appor-
 tionment  payable  pursuant to subparagraph 2 of such paragraph followed
 by the fixed fall payments payable pursuant to subparagraph  4  of  such
 paragraph  and then followed by the district's payments to the teachers'
 retirement system pursuant to subparagraph 1 of such paragraph, and  any
 S. 4006--A                         23                         A. 3006--A
 
 remainder  to  be  deducted  from  the  individualized  payments due the
 district pursuant to paragraph b of such subdivision shall  be  deducted
 on  a  chronological  basis  starting  with the earliest payment due the
 district.
   §  31. 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 2023--2024  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 subdivision, notwithstanding any inconsistency with a  request
 for  proposals issued by such commissioner for the purpose of attendance
 improvement and dropout prevention for the 2023--2024 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
 S. 4006--A                         24                         A. 3006--A
 
 prevention  shall  equal  the amount set aside in the base year. For the
 2023--2024 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 2023--2024 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.
   § 32. Support of public libraries. The  moneys  appropriated  for  the
 support  of  public  libraries by a chapter of the laws of 2023 enacting
 the aid to localities budget shall  be  apportioned  for  the  2023-2024
 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 2023-2024
 by a chapter of the laws of 2023 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
 ensure  that  the  total amount of aid payable does not exceed the total
 appropriations for such purpose.
   § 33. Subparagraph 2 of paragraph a of section 1 of chapter 94 of  the
 laws  of  2002 relating to the financial stability of the Rochester city
 school district, is amended to read as follows:
 S. 4006--A                         25                         A. 3006--A

   (2) Notwithstanding any other provisions of law, for  aid  payable  in
 the  2002-03  through [2022-23] 2027-28 school years, an amount equal to
 twenty million dollars  ($20,000,000)  of  general  support  for  public
 schools  otherwise due and payable to the Rochester city school district
 on  or before September first of the applicable school year shall be for
 an entitlement period ending the immediately preceding June thirtieth.
   § 34. Severability. The provisions of this act shall be severable, and
 if the application of  any  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act  to any person or circumstance shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision, section, part
 of  this  act  or  remainder  thereof,  as the case may be, to any other
 person or circumstance, but shall be confined in its  operation  to  the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   §  35.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2023, provided,
 however, that:
   1. Sections one, two, three, five, eight, nine, ten, eleven, fourteen,
 fifteen, sixteen, eighteen, twenty-two, thirty-one, and thirty-three  of
 this act shall take effect July 1, 2023;
   2.  Section three of this act shall expire and be deemed repealed June
 30, 2024;
   3. Section nineteen of this act shall expire and  be  deemed  repealed
 June 30, 2036; and
   4. The amendments to chapter 756 of the laws of 1992 relating to fund-
 ing  a  program  for  work force education conducted by a consortium for
 worker education in New York city made by sections twenty and twenty-one
 of this act shall not affect the repeal of such  chapter  and  shall  be
 deemed repealed therewith.
 
                                  PART B
 
   Section  1.  The opening paragraph of subparagraph 4 of paragraph h of
 subdivision 2 of section 355 of the education law, as amended by section
 1 of part JJJ of chapter 59 of the laws of 2017, is amended to  read  as
 follows:
   The trustees shall not impose a differential tuition charge based upon
 need or income. Except as hereinafter provided, all students enrolled in
 programs  leading  to like degrees at state-operated institutions of the
 state university shall be charged a uniform rate of tuition  except  for
 differential tuition rates based on state residency.  Provided, however,
 that  the trustees may authorize the presidents of the colleges of tech-
 nology and the colleges of agriculture and technology to  set  differing
 rates  of  tuition  for  each  of  the colleges for students enrolled in
 degree-granting programs leading to an associate degree  and  non-degree
 granting  programs  so  long  as  such  tuition rate does not exceed the
 tuition rate charged  to  students  who  are  enrolled  in  like  degree
 programs  or  degree-granting undergraduate programs leading to a bacca-
 laureate degree  at  other  state-operated  institutions  of  the  state
 university  of New York.  PROVIDED FURTHER, THAT THE TRUSTEES MAY ESTAB-
 LISH A DIFFERENTIAL TUITION CHARGE FOR STUDENTS ATTENDING THE UNIVERSITY
 CENTERS AT ALBANY, BINGHAMTON, BUFFALO,  AND  STONY  BROOK  PURSUANT  TO
 SUBDIVISION  FOUR-C OF THIS SECTION. Notwithstanding any other provision
 S. 4006--A                         26                         A. 3006--A
 
 of this subparagraph, the trustees may authorize the setting of a  sepa-
 rate  category  of  tuition rate, that shall be greater than the tuition
 rate for resident students and less than the tuition rate for  non-resi-
 dent  students,  only for students enrolled in distance learning courses
 who are not residents of the state. Except as  otherwise  authorized  in
 this  subparagraph,  the  trustees  shall  not  adopt  changes affecting
 tuition charges prior to the enactment of the  annual  budget,  provided
 however that:
   §  2. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of
 the education law, as amended by section 2 of chapter 437 of the laws of
 2015, is amended to read as follows:
   (4) The trustees shall not impose a differential tuition charge  based
 upon  need  or income. All students enrolled in programs leading to like
 degrees at state-operated institutions of the state university shall  be
 charged  a uniform rate of tuition except for differential tuition rates
 based on state residency.  Provided,  however,  that  the  trustees  may
 authorize  the presidents of the colleges of technology and the colleges
 of agriculture and technology to set differing rates of tuition for each
 of the colleges for students enrolled in degree-granting programs  lead-
 ing  to  an associate degree and non-degree granting programs so long as
 such tuition rate does not exceed the tuition rate charged  to  students
 who  are enrolled in like degree programs or degree-granting undergradu-
 ate programs leading to a baccalaureate degree at  other  state-operated
 institutions  of  the  state  university of New York.  PROVIDED FURTHER,
 THAT THE TRUSTEES  MAY  ESTABLISH  A  DIFFERENTIAL  TUITION  CHARGE  FOR
 STUDENTS   ATTENDING  THE  UNIVERSITY  CENTERS  AT  ALBANY,  BINGHAMTON,
 BUFFALO, AND STONY BROOK PURSUANT TO SUBDIVISION FOUR-C OF THIS SECTION.
 Notwithstanding any other provision of this subparagraph,  the  trustees
 may  authorize  the setting of a separate category of tuition rate, that
 shall be greater than the tuition rate for resident  students  and  less
 than  the  tuition  rate  for  non-resident  students, only for students
 enrolled in distance learning courses  who  are  not  residents  of  the
 state.  The  trustees  shall not adopt changes affecting tuition charges
 prior to the enactment of the annual budget.
   § 3. Paragraph h of subdivision 2 of section 355 of the education  law
 is  amended  by  adding  two  new subparagraphs 4-a-1 and 4-c to read as
 follows:
   (4-A-1) COMMENCING IN  THE  TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND
 TWENTY-FOUR  ACADEMIC  YEAR  THROUGH  THE TWO THOUSAND TWENTY-SEVEN--TWO
 THOUSAND TWENTY-EIGHT ACADEMIC YEAR, FOLLOWING THE REVIEW  AND  APPROVAL
 OF  THE  CHANCELLOR  OF  THE STATE UNIVERSITY OR HIS OR HER DESIGNEE THE
 BOARD OF TRUSTEES MAY ANNUALLY RAISE NON-RESIDENT UNDERGRADUATE RATES OF
 TUITION FOR THE FOUR UNIVERSITY CENTERS AT ALBANY, BINGHAMTON,  BUFFALO,
 AND  STONY BROOK IF THE BOARD SHALL DETERMINE THAT SUCH RATE INCREASE IS
 COMPETITIVE WITH THE RATES OF  TUITION  CHARGED  BY  PEER  INSTITUTIONS,
 PROVIDED  HOWEVER  THAT IN NO YEAR SHALL SUCH RATE OF TUITION EXCEED ONE
 HUNDRED AND TEN PERCENT OF THE TUITION RATE FOR THE  UNIVERSITY  CENTERS
 IN THE PRIOR ACADEMIC YEAR.
   (4-C)  COMMENCING  WITH  THE  TWO  THOUSAND TWENTY-THREE--TWO THOUSAND
 TWENTY-FOUR ACADEMIC YEAR AND THEREAFTER,  THE  BOARD  OF  TRUSTEES  MAY
 RAISE  RESIDENT  UNDERGRADUATE RATES OF TUITION IN EXCESS OF THE TUITION
 RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS  THE  LOWER  OF  (I)  THE
 GENERAL  HIGHER  EDUCATION  PRICE  INDEX (HEPI) RELEASED ANNUALLY BY THE
 COMMONFUND ASSET MANAGEMENT COMPANY, INC.  FOUNDED  IN  1971,  OR  OTHER
 ALTERNATIVE  ENTITY  THAT  MAY  BE  RESPONSIBLE  FOR THIS INDEX INTO THE
 FUTURE, RELEASED MOST RECENTLY PRIOR TO THE START OF EACH ACADEMIC YEAR,
 S. 4006--A                         27                         A. 3006--A
 
 OR (II) THREE PERCENT.   NOTWITHSTANDING THE  PRECEDING,  AND  UPON  THE
 APPROVAL  OF  THE  STATE  UNIVERSITY  OF NEW YORK BOARD OF TRUSTEES, THE
 FOLLOWING INSTITUTIONS MAY HAVE ADDITIONAL  INCREASES  TO  THE  RESIDENT
 RATES  OF  UNDERGRADUATE TUITION THAT ARE IN ADDITION TO ANY IMPACT FROM
 THE PRECEDING; FOR THE  UNIVERSITY  CENTER  AT  ALBANY,  THE  UNIVERSITY
 CENTER  AT BINGHAMTON, THE UNIVERSITY CENTER AT BUFFALO, AND THE UNIVER-
 SITY CENTER AT STONY BROOK SUCH ANNUAL INCREASE MAY  INCLUDE  UP  TO  AN
 ADDITIONAL  SIX  PERCENTAGE  POINTS.   NOTWITHSTANDING THE PRECEDING, NO
 SUCH ADDITIONAL ANNUAL INCREASE SHALL RESULT IN  A  RATE  IN  EXCESS  OF
 THIRTY PERCENT HIGHER THAN THE RATE CHARGED IN SUCH YEAR FOR STATE-OPER-
 ATED  INSTITUTIONS  OTHER  THAN  THE  UNIVERSITY  CENTER  AT ALBANY, THE
 UNIVERSITY CENTER AT BINGHAMTON, THE UNIVERSITY CENTER AT  BUFFALO,  AND
 THE UNIVERSITY CENTER AT STONY BROOK. MONIES GENERATED BY THESE PROSPEC-
 TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT
 SERVICES,  RESEARCH  AND  DISCOVERY,  AND  THE SUCCESS OF THE UNIVERSITY
 SYSTEM.
   § 4. Paragraph (a) of subdivision 7 of section 6206 of  the  education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWEN-
 TY-FOUR  ACADEMIC  YEAR  AND THEREAFTER, THE CITY UNIVERSITY OF NEW YORK
 BOARD OF TRUSTEES MAY RAISE RESIDENT UNDERGRADUATE RATES OF  TUITION  IN
 EXCESS OF THE TUITION RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE
 LOWER  OF  (A)  THE GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED
 ANNUALLY BY THE COMMONFUND ASSET MANAGEMENT  COMPANY,  INC.  FOUNDED  IN
 1971, OR OTHER ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX
 INTO  THE  FUTURE,  RELEASED  MOST  RECENTLY  PRIOR TO THE START OF EACH
 ACADEMIC YEAR, OR (B) THREE PERCENT. MONIES GENERATED BY THESE  PROSPEC-
 TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT
 SERVICES,  RESEARCH  AND  DISCOVERY,  AND  THE SUCCESS OF THE UNIVERSITY
 SYSTEM.
   § 5. Paragraph (a) of subdivision 7 of section 6206 of  the  education
 law,  as  amended by chapter 669 of the laws of 2022, is amended to read
 as follows:
   (a) (I) The board of trustees shall establish positions,  departments,
 divisions  and  faculties; appoint and in accordance with the provisions
 of law fix salaries of  instructional  and  non-instructional  employees
 therein;  establish  and conduct courses and curricula; prescribe condi-
 tions of student admission, attendance and discharge; and shall have the
 power to determine in its discretion whether tuition  shall  be  charged
 and  to  regulate  tuition  charges, and other instructional and non-in-
 structional fees and other fees and charges at the educational units  of
 the  city  university.  The trustees shall review any proposed community
 college tuition increase and the justification for  such  increase.  The
 justification  provided by the community college for such increase shall
 include a detailed analysis of ongoing operating  costs,  capital,  debt
 service  expenditures, and all revenues. The trustees shall not impose a
 differential tuition charge based upon  need  or  income.  All  students
 enrolled  in  programs  leading  to  like degrees at the senior colleges
 shall be charged a uniform rate  of  tuition,  except  for  differential
 tuition  rates  based  on  state  residency.  Notwithstanding  any other
 provision of this paragraph, the trustees may authorize the setting of a
 separate category of tuition  rate,  that  shall  be  greater  than  the
 tuition  rate  for  resident students and less than the tuition rate for
 non-resident students, only for students enrolled in  distance  learning
 courses  who  are not residents of the state. The trustees shall further
 provide that the payment of tuition and fees by any student who is not a
 S. 4006--A                         28                         A. 3006--A
 
 resident of New York state, other than a non-immigrant noncitizen within
 the meaning of paragraph (15) of subsection (a) of section 1101 of title
 8 of the United States Code, shall be paid at a rate or charge no great-
 er than that imposed for students who are residents of the state if such
 student:
   [(i)]  (1)  attended  an approved New York high school for two or more
 years, graduated from an approved New York high school and  applied  for
 attendance  at an institution or educational unit of the city university
 within five years of receiving a New York state high school diploma; or
   [(ii)] (2) attended an approved New York  state  program  for  general
 equivalency  diploma  exam  preparation,  received a general equivalency
 diploma issued within New York state and applied for  attendance  at  an
 institution or educational unit of the city university within five years
 of receiving a general equivalency diploma issued within New York state;
 or
   [(iii)]  (3) was enrolled in an institution or educational unit of the
 city university in the fall semester or  quarter  of  the  two  thousand
 one--two  thousand two academic year and was authorized by such institu-
 tion or educational unit to pay tuition at the rate  or  charge  imposed
 for students who are residents of the state.
   A  student without lawful immigration status shall also be required to
 file an affidavit with such institution or educational unit stating that
 the student has filed an application to legalize his or her  immigration
 status,  or will file such an application as soon as he or she is eligi-
 ble to do so. The trustees shall not adopt changes  in  tuition  charges
 prior  to  the enactment of the annual budget. The board of trustees may
 accept as partial reimbursement for the education  of  veterans  of  the
 armed  forces of the United States who are otherwise qualified such sums
 as may be authorized by federal legislation to be paid for  such  educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and  courses  for  adult  education  appropriate  to the field of higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion,  require students to pay library, laboratory, locker, break-
 age and other instructional and non-instructional fees and meet the cost
 of books and consumable supplies. In addition to the foregoing fees  and
 charges,  the  board of trustees may impose and collect fees and charges
 for student government and other  student  activities  and  receive  and
 expend them as agent or trustee.
   (II) COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWEN-
 TY-FOUR  ACADEMIC  YEAR  AND THEREAFTER, THE CITY UNIVERSITY OF NEW YORK
 BOARD OF TRUSTEES MAY RAISE RESIDENT UNDERGRADUATE RATES OF  TUITION  IN
 EXCESS OF THE TUITION RATES OF THE PRIOR ACADEMIC YEAR BY AS MUCH AS THE
 LOWER  OF  (1)  THE GENERAL HIGHER EDUCATION PRICE INDEX (HEPI) RELEASED
 ANNUALLY BY THE COMMONFUND ASSET MANAGEMENT  COMPANY,  INC.  FOUNDED  IN
 1971, OR OTHER ALTERNATIVE ENTITY THAT MAY BE RESPONSIBLE FOR THIS INDEX
 INTO  THE  FUTURE,  RELEASED  MOST  RECENTLY  PRIOR TO THE START OF EACH
 ACADEMIC YEAR, OR (2) THREE PERCENT. MONIES GENERATED BY THESE  PROSPEC-
 TIVE INCREASES SHALL BE USED DIRECTLY TO SUPPORT STUDENT ACCESS, STUDENT
 SERVICES,  RESEARCH  AND  DISCOVERY,  AND  THE SUCCESS OF THE UNIVERSITY
 SYSTEM.
   § 6. This act shall take effect immediately; provided however:
   a. the amendments to subparagraph 4 of paragraph h of subdivision 2 of
 section 355 of the education law made by section one of this  act  shall
 be subject to the expiration and reversion of such subparagraph pursuant
 to  section  16 of chapter 260 of the laws of 2011 as amended, when upon
 S. 4006--A                         29                         A. 3006--A
 
 such date the provisions of section two of this act shall  take  effect;
 and
   b. the amendments to paragraph (a) of subdivision 7 of section 6206 of
 the  education  law made by section four of this act shall be subject to
 the expiration and reversion of such paragraph pursuant to section 16 of
 chapter 260 of the laws of 2011 as amended,  when  upon  such  date  the
 provisions of section five of this act shall take effect.
 
                                  PART C
 
   Section 1. The education law is amended by adding a new section 6438-b
 to read as follows:
   §  6438-B.  ACCESS TO MEDICATION ABORTION PRESCRIPTION DRUGS. 1. EVERY
 CAMPUS OF THE STATE UNIVERSITY OF NEW YORK AND EVERY CAMPUS OF THE  CITY
 UNIVERSITY  OF  NEW  YORK,  WHICH  SHALL  INCLUDE  THE COMMUNITY COLLEGE
 CAMPUSES OF  SUCH  INSTITUTIONS,  SHALL  PROVIDE  ACCESS  TO  MEDICATION
 ABORTION  PRESCRIPTION  DRUGS  FOR  ALL STUDENTS ENROLLED AT SUCH INSTI-
 TUTIONS.
   2. FOR PURPOSES  OF  THIS  SECTION,  "ACCESS  TO  MEDICATION  ABORTION
 PRESCRIPTION DRUGS" MEANS EITHER:
   (A) THE PRESCRIBING AND DISPENSING OF MEDICATION ABORTION PRESCRIPTION
 DRUGS  DIRECTLY TO A STUDENT, PERFORMED BY INDIVIDUALS LEGALLY CERTIFIED
 TO PRESCRIBE AND DISPENSE SUCH MEDICATION  EMPLOYED  BY  OR  WORKING  ON
 BEHALF OF THE CAMPUS; OR
   (B)  REFERRAL  TO  A  HEALTHCARE PROVIDER OR PHARMACY IN THE COMMUNITY
 CERTIFIED TO DISPENSE SUCH MEDICATION.
   3. THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK AND  THE  TRUSTEES
 OF  THE CITY UNIVERSITY OF NEW YORK SHALL ADOPT UNIFORM POLICES FOR EACH
 UNIVERSITY ENSURING EFFECTIVE ACCESS TO MEDICATION ABORTION PRESCRIPTION
 DRUGS PURSUANT TO THIS SECTION.
   § 2. This act shall take effect August 1, 2023. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.
 
                                  PART D
 
   Section 1. Paragraphs b and c of subdivision 4 of section 612  of  the
 education  law, as added by chapter 425 of the laws of 1988, are amended
 to read as follows:
   [b. A grant to a recipient of an award under this  section  shall  not
 exceed  the amount of three hundred thousand dollars for any grant year,
 provided that a recipient may receive a grant in excess of  such  amount
 at  the rate of twelve hundred fifty dollars for each student, in excess
 of two hundred forty students, who is provided compensatory and  support
 services by the recipient during such grant year.
   c.]  B.  The  grant  recipients  shall  provide students at public and
 nonpublic schools the opportunity to receive  compensatory  and  support
 services  in  an equitable manner consistent with the number and need of
 the children in such schools.
   § 2. This act shall take effect immediately.
 
                                  PART E

   Section 1. Section 1503 of the business corporation law is amended  by
 adding a new paragraph (h) to read as follows:
 S. 4006--A                         30                         A. 3006--A
 
   (H)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
 A PROFESSIONAL SERVICE CORPORATION FORMED  TO  LAWFULLY  ENGAGE  IN  THE
 PRACTICE  OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS DEFINED UNDER ARTI-
 CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (I) THAT A SIMPLE
 MAJORITY  OF  THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS
 AND VOTING RIGHTS HELD BY THE  FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS
 LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (II) THAT ALL
 SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE
 OF  BUSINESS  IS  IN  THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF
 PUBLIC ACCOUNTANCY IN THIS STATE, HOLD  A  VALID  LICENSE  ISSUED  UNDER
 SECTION  7404  OF  THE  EDUCATION  LAW.  FOR PURPOSES OF THIS PARAGRAPH,
 "FINANCIAL INTEREST" MEANS  CAPITAL  STOCK,  CAPITAL  ACCOUNTS,  CAPITAL
 CONTRIBUTIONS,  CAPITAL  INTEREST, OR INTEREST IN UNDISTRIBUTED EARNINGS
 OF A BUSINESS ENTITY.  ALTHOUGH  FIRMS  REGISTERED  WITH  THE  EDUCATION
 DEPARTMENT  MAY  INCLUDE  NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS
 OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD OF REGENTS.
 NOTWITHSTANDING THE FOREGOING, A FIRM INCORPORATED  UNDER  THIS  SECTION
 MAY  NOT  HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS
 "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
 ABBREVIATIONS "CPA" OR "CPAS".  EACH NON-LICENSEE OWNER OF A  FIRM  THAT
 IS INCORPORATED UNDER THIS SECTION SHALL BE A NATURAL PERSON WHO ACTIVE-
 LY  PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES.
 FOR PURPOSES  OF  THIS  SUBDIVISION,  "ACTIVELY  PARTICIPATE"  MEANS  TO
 PROVIDE  SERVICES  TO  CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN
 THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTI-
 TY. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIFICATE OF  INCORPORATION
 A  CERTIFICATE  OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH
 THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES  REQUIRED  BY
 SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION.
   § 2. Section 1507 of the business corporation law is amended by adding
 a new paragraph (c) to read as follows:
   (C)  ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
 A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
 1503  OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED
 BY LAW TO PRACTICE IN THIS STATE THE PROFESSION WHICH  SUCH  CORPORATION
 IS  AUTHORIZED  TO  PRACTICE  OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH
 PROFESSION IN SUCH CORPORATION WITHIN  THIRTY  DAYS  OF  THE  DATE  SUCH
 SHARES  ARE  ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPO-
 RATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT:
   (I) AT LEAST A SIMPLE MAJORITY OF THE OUTSTANDING SHARES OF  STOCK  OF
 THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
   (II)  AT LEAST A SIMPLE MAJORITY OF THE DIRECTORS ARE CERTIFIED PUBLIC
 ACCOUNTANTS, AND
   (III) AT LEAST A SIMPLE MAJORITY OF THE OFFICERS ARE CERTIFIED  PUBLIC
 ACCOUNTANTS, AND
   (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
 CHIEF EXECUTIVE OFFICER OR OFFICERS ARE  CERTIFIED  PUBLIC  ACCOUNTANTS.
 NO  SHAREHOLDER OF A PROFESSIONAL SERVICE CORPORATION ESTABLISHED PURSU-
 ANT TO PARAGRAPH (H) OF SECTION 1503 OF THIS ARTICLE SHALL ENTER INTO  A
 VOTING  TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN
 ANOTHER PERSON, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL  OF
 HIS  OR  HER SHARES. ALL AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION
 OF THIS SECTION SHALL BE VOID.
   § 3. Section 1508 of the business corporation law is amended by adding
 a new paragraph (c) to read as follows:
 S. 4006--A                         31                         A. 3006--A
 
   (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR  THE  BUSI-
 NESS  PURPOSE  OF  INCORPORATING  AS  A PROFESSIONAL SERVICE CORPORATION
 PURSUANT TO PARAGRAPH (H) OF SECTION 1503 OF THIS  ARTICLE  MAY  INCLUDE
 INDIVIDUALS  WHO  ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN ANY
 STATE,  PROVIDED  HOWEVER  THAT AT LEAST A SIMPLE MAJORITY OF THE DIREC-
 TORS, AT LEAST A SIMPLE MAJORITY OF THE OFFICERS AND THE PRESIDENT,  THE
 CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR
 OFFICERS  ARE  AUTHORIZED BY LAW TO PRACTICE IN ANY STATE THE PROFESSION
 WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER  SHARE-
 HOLDERS  OF  SUCH  CORPORATION  OR  ENGAGED  IN  THE  PRACTICE  OF THEIR
 PROFESSIONS IN SUCH CORPORATION.
   § 4. Section 1509 of the business corporation law, as amended by chap-
 ter 550 of the laws of 2011, is amended to read as follows:
 § 1509. Disqualification  of  shareholders,  directors,   officers   and
           employees.
   If  any  shareholder,  director, officer or employee of a professional
 service corporation, including  a  design  professional  service  corpo-
 ration,  who  has  been  rendering  professional  service  to the public
 becomes legally disqualified to practice his OR  HER  profession  within
 this  state,  he  OR  SHE shall sever all employment with, and financial
 interests (other than interests as  a  creditor)  in,  such  corporation
 forthwith  or as otherwise provided in section 1510 of this article. All
 provisions of law regulating the rendering of professional services by a
 person elected or appointed to a public office shall be applicable to  a
 shareholder,  director,  officer and employee of such corporation in the
 same manner and to the same extent as if fully set  forth  herein.  Such
 legal  disqualification  to  practice  his OR HER profession within this
 state shall be deemed to constitute an irrevocable offer by the disqual-
 ified shareholder to sell his OR HER shares to the corporation, pursuant
 to the provisions of section 1510 of this article or of the  certificate
 of  incorporation,  by-laws  or  agreement among the corporation and all
 shareholders, whichever is applicable. Compliance with the terms of such
 offer shall be specifically enforceable in the courts of this  state.  A
 professional  service  corporation's  failure to enforce compliance with
 this provision shall constitute a ground for forfeiture of  its  certif-
 icate of incorporation and its dissolution.
   § 5. Paragraph (a) of section 1511 of the business corporation law, as
 amended  by  chapter 550 of the laws of 2011, is amended and a new para-
 graph (c) is added to read as follows:
   (a) No shareholder of a professional service corporation [or], INCLUD-
 ING a design professional service corporation, may sell or transfer  his
 OR  HER  shares  in such corporation except to another individual who is
 eligible to have shares issued to him OR  HER  by  such  corporation  or
 except  in  trust to another individual who would be eligible to receive
 shares if he OR SHE were employed by  the  corporation.  Nothing  herein
 contained shall be construed to prohibit the transfer of shares by oper-
 ation  of  law or by court decree.  No transferee of shares by operation
 of law or court decree may vote the shares for  any  purpose  whatsoever
 except  with  respect to corporate action under sections 909 and 1001 of
 this chapter. The restriction in the preceding sentence shall not apply,
 however, where such transferee would be eligible to have  shares  issued
 to  him  OR HER if he OR SHE were an employee of the corporation and, if
 there are other shareholders, a  majority  of  such  other  shareholders
 shall fail to redeem the shares so transferred, pursuant to section 1510
 of  this  article, within sixty days of receiving written notice of such
 transfer. Any sale or transfer, except by  operation  of  law  or  court
 S. 4006--A                         32                         A. 3006--A
 
 decree  or  except for a corporation having only one shareholder, may be
 made only after the same shall have been approved by the board of direc-
 tors, or at a shareholders' meeting specially called for such purpose by
 such  proportion, not less than a majority, of the outstanding shares as
 may be provided in the certificate of incorporation or in the by-laws of
 such professional service corporation. At such shareholders' meeting the
 shares held by the shareholder proposing to sell or transfer his OR  HER
 shares  may  not  be voted or counted for any purpose, unless all share-
 holders consent that such shares be voted or counted. The certificate of
 incorporation or the by-laws of the professional service corporation, or
 the professional service corporation and  the  shareholders  by  private
 agreement,  may  provide,  in  lieu  of  or in addition to the foregoing
 provisions, for the alienation of shares and may require the  redemption
 or purchase of such shares by such corporation at prices and in a manner
 specifically set forth therein. The existence of the restrictions on the
 sale  or transfer of shares, as contained in this article and, if appli-
 cable, in the certificate of incorporation, by-laws, stock  purchase  or
 stock  redemption agreement, shall be noted conspicuously on the face or
 back of every certificate for shares issued by  a  professional  service
 corporation.  Any  sale  or  transfer  in violation of such restrictions
 shall be void.
   (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS  A
 PROFESSIONAL  SERVICE  CORPORATION  PURSUANT TO PARAGRAPH (H) OF SECTION
 1503 OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF  A  NON-LI-
 CENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF
 EMPLOYMENT  WITHIN  THIRTY  DAYS AFTER SUCH TERMINATION.   A FIRM ESTAB-
 LISHED FOR THE BUSINESS  PURPOSE  OF  INCORPORATING  AS  A  PROFESSIONAL
 SERVICE  CORPORATION  PURSUANT  TO PARAGRAPH (H) OF SECTION 1503 OF THIS
 ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM  THE  SHARES  OF  A
 TERMINATED NON-LICENSED PROFESSIONAL SHARE-HOLDER IF SUCH SHARES, WITHIN
 THIRTY  DAYS  AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER
 EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE.
   § 6. Section 1514 of the business corporation law is amended by adding
 a new paragraph (c) to read as follows:
   (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS
 A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF  SECTION
 1503 OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE
 THE  DATE  PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO
 THE LICENSING AUTHORITY LISTING THE NAMES  AND  RESIDENCE  ADDRESSES  OF
 EACH  SHAREHOLDER,  DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY
 AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR
 PERIOD THAT:
   (I) AT LEAST A SIMPLE MAJORITY OF THE OUTSTANDING SHARES OF  STOCK  OF
 THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS,
   (II)  AT  LEAST A SIMPLE MAJORITY OF THE DIRECTORS ARE AND WERE CERTI-
 FIED PUBLIC ACCOUNTANTS,
   (III) AT LEAST A SIMPLE MAJORITY OF THE OFFICERS ARE AND  WERE  CERTI-
 FIED PUBLIC ACCOUNTANTS, AND
   (IV)  THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE
 CHIEF EXECUTIVE OFFICER  OR  OFFICERS  ARE  AND  WERE  CERTIFIED  PUBLIC
 ACCOUNTANTS.
 THE  STATEMENT  SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC
 ACCOUNTANT VICE-PRESIDENT AND  ATTESTED  TO  BY  THE  SECRETARY  OR  ANY
 ASSISTANT SECRETARY OF THE CORPORATION.
   § 7. Paragraph (d) of section 1525 of the business corporation law, as
 added by chapter 505 of the laws of 1983, is amended to read as follows:
 S. 4006--A                         33                         A. 3006--A
 
   (d)  "Foreign  professional  service corporation" means a professional
 service corporation, whether or not denominated as such, organized under
 the laws of a jurisdiction other than this state, all of the  sharehold-
 ers,  directors  and  officers  of  which are authorized and licensed to
 practice  the  profession  for  which such corporation is licensed to do
 business; except that all shareholders,  directors  and  officers  of  a
 foreign  professional service corporation which provides health services
 in this state shall be licensed in this state.  A  FOREIGN  PROFESSIONAL
 SERVICE  CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC
 ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE 149  OF
 THE  EDUCATION  LAW,  OR EQUIVALENT STATE LAW, SHALL BE REQUIRED TO SHOW
 (I) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE  FIRM,  IN  TERMS  OF
 FINANCIAL INTERESTS AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS
 TO  INDIVIDUALS  LICENSED  TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE,
 AND (II) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE  CORPO-
 RATION  WHOSE  PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE
 ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY  IN  THIS  STATE,  HOLD  A
 VALID  LICENSE  ISSUED  UNDER  SECTION  7404  OF  THE EDUCATION LAW. FOR
 PURPOSES OF THIS PARAGRAPH, "FINANCIAL INTEREST"  MEANS  CAPITAL  STOCK,
 CAPITAL  ACCOUNTS,  CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR INTEREST
 IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY.  ALTHOUGH  FIRMS  REGIS-
 TERED  WITH  THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE OWNERS, A
 REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE
 STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED
 WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE  OWNERS  IF  THE
 FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI-
 FIED  PUBLIC  ACCOUNTANTS,"  OR  THE ABBREVIATIONS "CPA" OR "CPAS". EACH
 NON-LICENSEE OWNER OF A FIRM THAT IS OPERATING UNDER THIS SECTION  SHALL
 BE  A  NATURAL  PERSON  WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE
 FIRM OR ITS AFFILIATED ENTITIES, PROVIDED EACH BENEFICIAL  OWNER  OF  AN
 EQUITY  INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTIC-
 IPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES.
 FOR PURPOSES OF THIS PARAGRAPH, "ACTIVELY PARTICIPATE" MEANS TO  PROVIDE
 SERVICES  TO  CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
 TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY.
   § 8. Subdivision (q) of section 121-1500 of the  partnership  law,  as
 amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
 follows:
   (q) Each partner of a registered limited liability partnership  formed
 to  provide  medical services in this state must be licensed pursuant to
 article 131 of the education law to practice medicine in this state  and
 each  partner  of  a  registered limited liability partnership formed to
 provide dental services in this state must be licensed pursuant to arti-
 cle 133 of the education law to practice dentistry in this state.   Each
 partner  of a registered limited liability partnership formed to provide
 veterinary services in this state must be licensed pursuant  to  article
 135  of the education law to practice veterinary medicine in this state.
 EACH PARTNER OF A REGISTERED LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO
 PROVIDE  PUBLIC ACCOUNTANCY SERVICES AS A FIRM, WHOSE PRINCIPAL PLACE OF
 BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY  SERVICES,
 MUST  BE LICENSED PURSUANT TO ARTICLE  149 OF THE EDUCATION LAW TO PRAC-
 TICE PUBLIC ACCOUNTANCY IN THIS STATE.  Each  partner  of  a  registered
 limited  liability  partnership formed to provide professional engineer-
 ing, land surveying, geological services, architectural and/or landscape
 architectural services in this state must be licensed pursuant to  arti-
 cle 145, article 147 and/or article 148 of the education law to practice
 S. 4006--A                         34                         A. 3006--A

 one  or more of such professions in this state. Each partner of a regis-
 tered limited liability partnership formed to provide licensed  clinical
 social  work services in this state must be licensed pursuant to article
 154 of the education law to practice clinical social work in this state.
 Each  partner  of  a  registered limited liability partnership formed to
 provide creative arts therapy services in this state  must  be  licensed
 pursuant  to  article 163 of the education law to practice creative arts
 therapy in this state. Each partner of a  registered  limited  liability
 partnership  formed  to  provide marriage and family therapy services in
 this state must be licensed pursuant to article 163 of the education law
 to practice marriage and family therapy in this state. Each partner of a
 registered limited liability partnership formed to provide mental health
 counseling services in this state must be licensed pursuant  to  article
 163  of  the  education law to practice mental health counseling in this
 state. Each partner of a registered limited liability partnership formed
 to provide psychoanalysis services in this state must be licensed pursu-
 ant to article 163 of the education law to  practice  psychoanalysis  in
 this  state.  Each partner of a registered limited liability partnership
 formed to provide applied behavior analysis service in this  state  must
 be licensed or certified pursuant to article 167 of the education law to
 practice  applied  behavior analysis in this state. A REGISTERED LIMITED
 LIABILITY PARTNERSHIP FORMED TO  LAWFULLY  ENGAGE  IN  THE  PRACTICE  OF
 PUBLIC  ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER ARTICLE
 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (I)  THAT  A  SIMPLE
 MAJORITY  OF  THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS
 AND VOTING RIGHTS HELD BY THE  FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS
 LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (II) THAT ALL
 PARTNERS  OF  A  LIMITED  LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF
 BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC
 ACCOUNTANCY IN THIS STATE, HOLD A VALID  LICENSE  ISSUED  UNDER  SECTION
 7404  OF THE EDUCATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL
 INTEREST" MEANS CAPITAL STOCK, CAPITAL ACCOUNTS, CAPITAL  CONTRIBUTIONS,
 CAPITAL  INTEREST,  OR  INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS
 ENTITY. ALTHOUGH FIRMS REGISTERED  WITH  THE  EDUCATION  DEPARTMENT  MAY
 INCLUDE  NON-LICENSEE  OWNERS,  A  REGISTERED  FIRM  AND ITS OWNERS MUST
 COMPLY WITH RULES PROMULGATED BY THE STATE BOARD  OF  REGENTS.  NOTWITH-
 STANDING  THE FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT
 MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES  THE  WORDS
 "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE
 ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS
 FORMED  UNDER  THIS  SECTION  SHALL BE (I) A NATURAL PERSON WHO ACTIVELY
 PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES,  OR
 (II)  AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFES-
 SIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST
 IN SUCH ENTITY IS A NATURAL PERSON  WHO  ACTIVELY  PARTICIPATES  IN  THE
 BUSINESS  CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES
 OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO
 CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE  DAY-TO-DAY  BUSI-
 NESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY.
   §  9.  Subdivision  (q) of section 121-1502 of the partnership law, as
 amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
 follows:
   (q)  Each  partner  of  a  foreign limited liability partnership which
 provides medical services in this state must  be  licensed  pursuant  to
 article  131  of the education law to practice medicine in the state and
 each partner of a foreign limited liability partnership  which  provides
 S. 4006--A                         35                         A. 3006--A
 
 dental services in the state must be licensed pursuant to article 133 of
 the education law to practice dentistry in this state. Each partner of a
 foreign  limited liability partnership which provides veterinary service
 in  the state shall be licensed pursuant to article 135 of the education
 law to practice veterinary medicine in this state.  Each  partner  of  a
 foreign  limited liability partnership which provides professional engi-
 neering, land surveying, geological services, architectural and/or land-
 scape architectural services in this state must be licensed pursuant  to
 article  145,  article  147  and/or  article 148 of the education law to
 practice one or more of such professions.  EACH  PARTNER  OF  A  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE  PUBLIC ACCOUNTANCY
 SERVICES AS A FIRM, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN  THIS  STATE
 AND  WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT
 TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE  PUBLIC  ACCOUNTANCY  IN
 THIS  STATE.  Each  partner  of  a foreign limited liability partnership
 which provides licensed clinical social work services in this state must
 be licensed pursuant to article 154 of the  education  law  to  practice
 licensed  clinical  social work in this state. Each partner of a foreign
 limited liability  partnership  which  provides  creative  arts  therapy
 services  in  this state must be licensed pursuant to article 163 of the
 education law to practice creative arts  therapy  in  this  state.  Each
 partner  of  a  foreign  limited  liability  partnership  which provides
 marriage and family therapy services in  this  state  must  be  licensed
 pursuant  to  article  163 of the education law to practice marriage and
 family therapy in this state. Each partner of a foreign limited  liabil-
 ity partnership which provides mental health counseling services in this
 state  must  be licensed pursuant to article 163 of the education law to
 practice mental health counseling in  this  state.  Each  partner  of  a
 foreign  limited  liability  partnership  which  provides psychoanalysis
 services in this state must be licensed pursuant to article 163  of  the
 education  law to practice psychoanalysis in this state. Each partner of
 a foreign limited liability partnership which provides applied  behavior
 analysis  services  in this state must be licensed or certified pursuant
 to article 167 of the education law to practice applied behavior  analy-
 sis  in  this  state.  A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO
 LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH
 PRACTICE IS DEFINED UNDER ARTICLE 149 OF THE  EDUCATION  LAW,  SHALL  BE
 REQUIRED  TO  SHOW  (I)  THAT  A SIMPLE MAJORITY OF THE OWNERSHIP OF THE
 FIRM, IN TERMS OF FINANCIAL INTERESTS AND  VOTING  RIGHTS  HELD  BY  THE
 FIRM'S  OWNERS,  BELONGS  TO  INDIVIDUALS  LICENSED  TO  PRACTICE PUBLIC
 ACCOUNTANCY IN SOME STATE, AND (II) THAT ALL  PARTNERS  OF  THE  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP  WHOSE PRINCIPAL PLACE OF BUSINESS IS IN
 THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN
 THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCA-
 TION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL  INTEREST"  MEANS
 CAPITAL  STOCK,  CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTER-
 EST, OR  INTEREST  IN  UNDISTRIBUTED  EARNINGS  OF  A  BUSINESS  ENTITY.
 ALTHOUGH  FIRMS  REGISTERED  WITH  THE  EDUCATION DEPARTMENT MAY INCLUDE
 NON-LICENSEE OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST  COMPLY  WITH
 RULES  PROMULGATED  BY  THE  STATE BOARD OF REGENTS. NOTWITHSTANDING THE
 FOREGOING, A FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT  HAVE
 NON-LICENSEE  OWNERS  IF  THE  FIRM'S NAME INCLUDES THE WORDS "CERTIFIED
 PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR  THE  ABBREVI-
 ATIONS  "CPA"  OR  "CPAS".    EACH  NON-LICENSEE OWNER OF A FIRM THAT IS
 FORMED UNDER THIS SECTION SHALL BE (I) A  NATURAL  PERSON  WHO  ACTIVELY
 PARTICIPATES  IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR
 S. 4006--A                         36                         A. 3006--A
 
 (II) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR  PROFES-
 SIONAL  CORPORATION,  PROVIDED  THAT  EACH BENEFICIAL OWNER OF AN EQUITY
 INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN
 THE  BUSINESS  CONDUCTED  BY  THE  FIRM  OR ITS AFFILIATED ENTITIES. FOR
 PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE"  MEANS  TO  PROVIDE
 SERVICES  TO  CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-
 TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY.
   § 10. Subdivision (b) of section 1207 of the limited liability company
 law, as amended by chapter 475 of the laws of 2014, is amended  to  read
 as follows:
   (b)  With  respect to a professional service limited liability company
 formed to provide medical services as such services are defined in arti-
 cle 131 of the education law, each  member  of  such  limited  liability
 company must be licensed pursuant to article 131 of the education law to
 practice  medicine in this state. With respect to a professional service
 limited liability company formed to  provide  dental  services  as  such
 services are defined in article 133 of the education law, each member of
 such  limited liability company must be licensed pursuant to article 133
 of the education law to practice dentistry in this state.  With  respect
 to  a  professional  service limited liability company formed to provide
 veterinary services as such services are defined in article 135  of  the
 education  law,  each  member  of such limited liability company must be
 licensed pursuant to article 135 of the education law to practice veter-
 inary medicine in this state. With respect  to  a  professional  service
 limited  liability  company  formed to provide professional engineering,
 land surveying, architectural, landscape architectural and/or geological
 services as such services are defined in article 145,  article  147  and
 article  148 of the education law, each member of such limited liability
 company must be licensed pursuant to article  145,  article  147  and/or
 article  148  of  the  education  law  to  practice  one or more of such
 professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMIT-
 ED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC  ACCOUNTANCY  SERVICES  AS
 SUCH  SERVICES  ARE  DEFINED  IN  ARTICLE  149 OF THE EDUCATION LAW EACH
 MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF  BUSI-
 NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST
 BE  LICENSED  PURSUANT  TO  ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE
 PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service
 limited liability company formed to  provide  licensed  clinical  social
 work  services as such services are defined in article 154 of the educa-
 tion law, each  member  of  such  limited  liability  company  shall  be
 licensed  pursuant  to  article  154  of  the  education law to practice
 licensed clinical social work in this state. With respect to  a  profes-
 sional service limited liability company formed to provide creative arts
 therapy  services  as  such  services  are defined in article 163 of the
 education law, each member of such limited  liability  company  must  be
 licensed  pursuant to article 163 of the education law to practice crea-
 tive arts therapy in this state. With respect to a professional  service
 limited  liability company formed to provide marriage and family therapy
 services as such services are defined in article 163  of  the  education
 law,  each  member  of  such  limited liability company must be licensed
 pursuant to article 163 of the education law to  practice  marriage  and
 family  therapy  in  this  state. With respect to a professional service
 limited liability company formed to  provide  mental  health  counseling
 services  as  such  services are defined in article 163 of the education
 law, each member of such limited  liability  company  must  be  licensed
 pursuant  to  article 163 of the education law to practice mental health
 S. 4006--A                         37                         A. 3006--A
 
 counseling in this state. With respect to a professional service limited
 liability company formed to  provide  psychoanalysis  services  as  such
 services are defined in article 163 of the education law, each member of
 such  limited liability company must be licensed pursuant to article 163
 of the education law to practice  psychoanalysis  in  this  state.  With
 respect  to  a  professional service limited liability company formed to
 provide applied behavior analysis services as such services are  defined
 in article 167 of the education law, each member of such limited liabil-
 ity company must be licensed or certified pursuant to article 167 of the
 education  law  to  practice  applied behavior analysis in this state. A
 PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE
 IN THE PRACTICE OF PUBLIC ACCOUNTANCY AS A FIRM,  AS  SUCH  PRACTICE  IS
 DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW
 (I)  THAT  A  SIMPLE  MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF
 FINANCIAL INTERESTS, AND  VOTING  RIGHTS  HELD  BY  THE  FIRM'S  OWNERS,
 BELONGS  TO  INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME
 STATE, AND (II) THAT ALL  MEMBERS  OF  A  LIMITED  PROFESSIONAL  SERVICE
 LIMITED  LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS
 STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS
 STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF  THE  EDUCATION
 LAW.  FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPI-
 TAL STOCK, CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST, OR
 INTEREST IN UNDISTRIBUTED EARNINGS OF A BUSINESS ENTITY. ALTHOUGH  FIRMS
 REGISTERED  WITH  THE  EDUCATION  DEPARTMENT  MAY  INCLUDE  NON-LICENSEE
 OWNERS, A REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES  PROMUL-
 GATED  BY  THE  STATE BOARD OF REGENTS. NOTWITHSTANDING THE FOREGOING, A
 FIRM REGISTERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE  NON-LICENSEE
 OWNERS  IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNT-
 ANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS  "CPA"  OR
 "CPAS".  EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS
 SECTION  SHALL  BE (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE
 BUSINESS OF THE FIRM OR ITS AFFILIATED  ENTITIES,  OR  (II)  AN  ENTITY,
 INCLUDING,  BUT  NOT  LIMITED  TO,  A PARTNERSHIP OR PROFESSIONAL CORPO-
 RATION, PROVIDED EACH BENEFICIAL OWNER OF AN  EQUITY  INTEREST  IN  SUCH
 ENTITY  IS  A  NATURAL  PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS
 CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES  OF  THIS
 SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS
 OR  TO  OTHERWISE  INDIVIDUALLY  TAKE PART IN THE DAY-TO-DAY BUSINESS OR
 MANAGEMENT OF THE FIRM OR AN AFFILIATED ENTITY.
   § 11. Subdivision (a) of section 1301 of the limited liability company
 law, as amended by chapter 475 of the laws of 2014, is amended  to  read
 as follows:
   (a)  "Foreign  professional service limited liability company" means a
 professional service limited liability company, whether or  not  denomi-
 nated  as  such,  organized  under the laws of a jurisdiction other than
 this state, (i) each of whose members and managers, if any, is a profes-
 sional authorized by law to render a professional  service  within  this
 state  and who is or has been engaged in the practice of such profession
 in such professional service limited liability company or a  predecessor
 entity, or will engage in the practice of such profession in the profes-
 sional  service limited liability company within thirty days of the date
 such professional becomes a member, or each of whose members and  manag-
 ers,  if  any, is a professional at least one of such members is author-
 ized by law to render a professional service within this state  and  who
 is  or  has  been  engaged  in  the  practice of such profession in such
 professional service limited liability company or a predecessor  entity,
 S. 4006--A                         38                         A. 3006--A
 
 or  will  engage  in the practice of such profession in the professional
 service limited liability company within thirty days of  the  date  such
 professional  becomes  a  member,  or  (ii)  authorized by, or holding a
 license,  certificate,  registration  or  permit issued by the licensing
 authority pursuant to,  the  education  law  to  render  a  professional
 service within this state; except that all members and managers, if any,
 of  a  foreign  professional  service  limited  liability  company  that
 provides health services in this state shall be licensed in this  state.
 With respect to a foreign professional service limited liability company
 which provides veterinary services as such services are defined in arti-
 cle  135  of the education law, each member of such foreign professional
 service limited liability company shall be licensed pursuant to  article
 135  of  the education law to practice veterinary medicine. With respect
 to a  foreign  professional  service  limited  liability  company  which
 provides medical services as such services are defined in article 131 of
 the  education  law,  each  member  of such foreign professional service
 limited liability company must be licensed pursuant to  article  131  of
 the education law to practice medicine in this state.  With respect to a
 foreign  professional  service  limited liability company which provides
 dental services as such services are  defined  in  article  133  of  the
 education  law, each member of such foreign professional service limited
 liability company must be licensed pursuant to article 133 of the educa-
 tion law to practice dentistry in this state. With respect to a  foreign
 professional  service  limited  liability company which provides profes-
 sional engineering, land surveying, geologic, architectural and/or land-
 scape architectural services as such services  are  defined  in  article
 145,  article  147  and article 148 of the education law, each member of
 such foreign professional service  limited  liability  company  must  be
 licensed  pursuant to article 145, article 147 and/or article 148 of the
 education law to practice one or more of such professions in this state.
 WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
 WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE  DEFINED
 IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES-
 SIONAL  SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI-
 NESS IS IN THIS STATE AND  WHO  PROVIDES  PUBLIC  ACCOUNTANCY  SERVICES,
 SHALL  BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC-
 TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes-
 sional service limited liability company which provides  licensed  clin-
 ical social work services as such services are defined in article 154 of
 the  education  law,  each  member  of such foreign professional service
 limited liability company shall be licensed pursuant to article  154  of
 the  education  law to practice clinical social work in this state. With
 respect to a foreign  professional  service  limited  liability  company
 which  provides  creative  arts  therapy  services  as such services are
 defined in article 163 of the education law, each member of such foreign
 professional service limited liability company must be licensed pursuant
 to article 163 of the education law to practice creative arts therapy in
 this state. With respect  to  a  foreign  professional  service  limited
 liability company which provides marriage and family therapy services as
 such  services  are  defined  in  article 163 of the education law, each
 member of such foreign professional service  limited  liability  company
 must  be  licensed pursuant to article 163 of the education law to prac-
 tice marriage and family therapy  in  this  state.  With  respect  to  a
 foreign  professional  service  limited liability company which provides
 mental health counseling services as such services are defined in  arti-
 cle  163  of the education law, each member of such foreign professional
 S. 4006--A                         39                         A. 3006--A
 
 service limited liability company must be licensed pursuant  to  article
 163  of  the  education law to practice mental health counseling in this
 state. With respect to a foreign professional service limited  liability
 company  which  provides  psychoanalysis  services  as such services are
 defined in article 163 of the education law, each member of such foreign
 professional service limited liability company must be licensed pursuant
 to article 163 of the education law to practice psychoanalysis  in  this
 state.  With respect to a foreign professional service limited liability
 company which  provides  applied  behavior  analysis  services  as  such
 services are defined in article 167 of the education law, each member of
 such  foreign  professional  service  limited  liability company must be
 licensed or certified pursuant to article 167 of the  education  law  to
 practice applied behavior analysis in this state. A FOREIGN PROFESSIONAL
 SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRAC-
 TICE  OF PUBLIC ACCOUNTANCY AS A FIRM, AS SUCH PRACTICE IS DEFINED UNDER
 ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW  (I)  THAT  A
 SIMPLE  MAJORITY  OF  THE  OWNERSHIP  OF THE FIRM, IN TERMS OF FINANCIAL
 INTERESTS, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDI-
 VIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND  (II)
 THAT  ALL  MEMBERS  OF  A  FOREIGN  LIMITED PROFESSIONAL SERVICE LIMITED
 LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN  THIS  STATE,
 AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE,
 HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW. FOR
 PURPOSES  OF THIS SUBDIVISION, "FINANCIAL INTEREST" MEANS CAPITAL STOCK,
 CAPITAL ACCOUNTS, CAPITAL CONTRIBUTIONS, CAPITAL INTEREST,  OR  INTEREST
 IN  UNDISTRIBUTED  EARNINGS  OF A BUSINESS ENTITY. ALTHOUGH FIRMS REGIS-
 TERED WITH THE EDUCATION DEPARTMENT MAY INCLUDE NON-LICENSEE  OWNERS,  A
 REGISTERED FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE
 STATE  BOARD  OF REGENTS.   NOTWITHSTANDING THE FOREGOING, A FIRM REGIS-
 TERED WITH THE EDUCATION DEPARTMENT MAY NOT HAVE NON-LICENSEE OWNERS  IF
 THE  FIRM'S  NAME  INCLUDES  THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR
 "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS  "CPA"  OR  "CPAS".
 EACH  NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION
 SHALL BE (I) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE  BUSINESS
 OF  THE  FIRM  OR ITS AFFILIATED ENTITIES, OR (II) AN ENTITY, INCLUDING,
 BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION,  PROVIDED
 EACH  BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL
 PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY  THE  FIRM
 OR  ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY
 PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE  INDI-
 VIDUALLY  TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM
 OR AN AFFILIATED ENTITY.
   § 12. Notwithstanding any other provision of law to the contrary, if a
 firm which is registered  with  the  education  department  to  lawfully
 engage  in the practice of public accountancy has one or more non-licen-
 see owners, each such non-licensee owner of  the  firm  whose  principal
 place  of  business is in New York state shall pay a fee of nine hundred
 dollars to the department of education on a triennial basis.
   § 13. This act shall take effect immediately.
 
                                  PART F
 
   Section 1. Short title. This article shall be known and cited  as  the
 "new homes targets and fast-track approval act".
 S. 4006--A                         40                         A. 3006--A
 
   § 2. Article 20 of the general municipal law is renumbered to be arti-
 cle  21,  sections  1000 and 1001 are renumbered to be sections 1020 and
 1021, and a new article 20 is added to read as follows:
 
                                ARTICLE 20
                 NEW HOMES TARGETS AND FAST TRACK APPROVAL

 SECTION 1000. LEGISLATIVE FINDINGS AND DECLARATIONS.
         1001. DEFINITIONS.
         1002. APPLICABILITY.
         1003. SAFE HARBOR.
         1004. LOCAL  PROCEDURES  OUTSIDE  OF  SAFE HARBOR/GENERAL APPEAL
                 PROCESS.
         1005. HOUSING REVIEW BOARD.
         1006. LAND USE APPEALS BEFORE THE SUPREME COURT.
   § 1000. LEGISLATIVE FINDINGS AND DECLARATIONS. THE LEGISLATURE  HEREBY
 FINDS, DETERMINES, AND DECLARES THAT:
   1.  THE LACK OF HOUSING, ESPECIALLY AFFORDABLE AND SUPPORTIVE HOUSING,
 IS A CRITICAL PROBLEM THAT THREATENS THE  ECONOMIC,  ENVIRONMENTAL,  AND
 SOCIAL  QUALITY OF LIFE THROUGHOUT NEW YORK STATE AND DISPROPORTIONATELY
 BURDENS VARIOUS VULNERABLE POPULATIONS THAT DISPROPORTIONATELY NEED MORE
 AFFORDABLE HOUSING OPTIONS INCLUDING,  BUT  NOT  LIMITED  TO,  LOW-  AND
 MODERATE-INCOME, RACIAL AND ETHNIC MINORITY, AND ELDERLY HOUSEHOLDS.
   2. HOUSING IN THE STATE OF NEW YORK IS AMONG THE MOST EXPENSIVE IN THE
 NATION.  THE  EXCESSIVE  COST OF THE STATE'S HOUSING SUPPLY IS PARTIALLY
 CAUSED BY A LACK OF NEW HOUSING PRODUCTION  DUE  TO  THE  PREVALENCE  OF
 LOCAL  GOVERNMENTAL  LAND  USE POLICIES THAT LIMIT THE OPPORTUNITIES FOR
 AND PLACE PROCEDURAL IMPEDIMENTS ON THE APPROVAL OF HOUSING DEVELOPMENTS
 AND THEREBY INCREASE DEVELOPMENT COSTS AND RESTRICT THE HOUSING SUPPLY.
   3. LOCAL GOVERNMENTAL LIMITATIONS ON AND BARRIERS TO HOUSING  DEVELOP-
 MENT  ARE  ESPECIALLY COMMON FOR MULTI-FAMILY HOUSING DEVELOPMENT, WHICH
 CONSTRAINS THE SUPPLY OF AFFORDABLE AND SUPPORTIVE  HOUSING  THAT  OFTEN
 REQUIRE MULTI-FAMILY DEVELOPMENT TO BE ECONOMICALLY FEASIBLE.
   4.  AMONG  THE CONSEQUENCES OF THE PREVALENCE OF LOCAL RESTRICTIONS ON
 HOUSING DEVELOPMENT ARE  THE  LACK  OF  HOUSING  TO  SUPPORT  EMPLOYMENT
 GROWTH;  IMBALANCE IN NUMBER OF JOBS AND HOUSING SUPPLY, WITH THE FORMER
 OUTSTRIPPING THE LATTER; SPRAWL; EXCESSIVE COMMUTING; AND THE  POTENTIAL
 FOR  DISCRIMINATION  AGAINST  LOW-INCOME  AND  MINORITY  HOUSEHOLDS  WHO
 DISPROPORTIONATELY REQUIRE AFFORDABLE HOUSING OPPORTUNITIES.
   5. MANY LOCAL GOVERNMENTS DO NOT GIVE ADEQUATE ATTENTION TO THE  LOCAL
 AND  BROADER REGIONAL ECONOMIC, ENVIRONMENTAL, AND SOCIAL COSTS OF LOCAL
 POLICIES AND ACTIONS THAT HAVE THE EFFECT OF STAGNATING OR REDUCING  THE
 SUPPLY  OF  HOUSING, INCLUDING AFFORDABLE AND SUPPORTIVE HOUSING, OR HOW
 SUCH POLICIES AND ACTIONS THEREBY PRODUCE THREATS TO THE PUBLIC  HEALTH,
 SAFETY, AND GENERAL WELFARE.
   6. ADDITIONALLY, MANY LOCAL GOVERNMENTS DO NOT GIVE ADEQUATE ATTENTION
 TO  THE  LOCAL  AND BROADER REGIONAL ECONOMIC, ENVIRONMENTAL, AND SOCIAL
 COSTS OF LOCAL POLICIES AND ACTIONS THAT RESULT IN DISAPPROVALS OR INHI-
 BITION OF PROPOSALS FOR HOUSING DEVELOPMENT PROJECTS THAT WOULD  BENEFIT
 THE  PUBLIC  HEALTH, SAFETY, AND GENERAL WELFARE; A REDUCTION IN DENSITY
 OF SUCH HOUSING PROJECTS; AND CREATION OF EXCESSIVE LAND USE  AND  OTHER
 BARRIERS FOR SUCH HOUSING DEVELOPMENTS TO BE BUILT.
   7.  LEGISLATION  IS  NECESSARY TO FORESTALL RESTRICTIVE LAND USE PRAC-
 TICES THAT INHIBIT AND LIMIT HOUSING DEVELOPMENT, AND TO FORESTALL UNDUE
 LOCAL DISAPPROVALS OF HOUSING DEVELOPMENT PROJECTS, ESPECIALLY  AFFORDA-
 S. 4006--A                         41                         A. 3006--A
 
 BLE  AND  SUPPORTIVE HOUSING, GIVEN THAT SUCH PRACTICES AND DISAPPROVALS
 PRODUCE THREATS TO THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE.
   8.  THE  STATE  OF  NEW  YORK  MUST ENSURE THAT LOCAL GOVERNMENTS GIVE
 ADEQUATE ATTENTION TO THE LOCAL AND BROADER REGIONAL ECONOMIC,  ENVIRON-
 MENTAL,  AND  SOCIAL  COSTS OF LAND USE ZONING AND PLANNING POLICIES AND
 ACTIONS, AS WELL AS THE DENIAL OF APPLICATIONS  TO  BUILD  NEW  HOUSING,
 WHICH  COLLECTIVELY AND INDIVIDUALLY MAY RESULT IN A DEARTH OF APPROPRI-
 ATE HOUSING TO MEET THE NEEDS OF  ALL  RESIDENTS  IN  THE  COMMUNITY  OR
 REGION.
   9.  IN  FURTHERANCE OF OVERALL HOUSING PRODUCTION GOALS AND TO PROMOTE
 THE GREATEST EFFICIENCY AND COORDINATED DEVELOPMENT EFFORTS  OF  LOCALI-
 TIES  WITHIN  THE  STATE,  IT  IS BOTH A MATTER OF STATE CONCERN AND THE
 POLICY OF THE STATE THAT LOCAL GOVERNMENTS ADDRESS THEIR LAND USE  POLI-
 CIES, PRACTICES, AND DECISIONS THAT MAKE HOUSING DEVELOPMENTS, AND ESPE-
 CIALLY  MULTI-FAMILY,  AFFORDABLE,  AND SUPPORTIVE HOUSING DEVELOPMENTS,
 IMPOSSIBLE OR INFEASIBLE.
   10. TO FURTHER ADDRESS THE SHORTAGE OF AFFORDABLE AND SUPPORTIVE HOUS-
 ING IN NEW YORK AND ENCOURAGE REDUCTION OF LAND USE RESTRICTIONS AND THE
 PRODUCTION OF MUCH NEEDED HOUSING, THIS  ARTICLE  CREATES  AN  IMPARTIAL
 FORUM  AND  A  PROCESS  FOR  SPECIALLY  DESIGNATING  JUDGES  TO  RESOLVE
 CONFLICTS ARISING FROM LOCAL DECISIONS ON THE DEVELOPMENT OF  AFFORDABLE
 AND SUPPORTIVE HOUSING.
   11. IN ORDER TO PREVENT HOUSING INSECURITY, HARDSHIP, AND DISLOCATION,
 THE  PROVISIONS  OF  THIS  ACT ARE NECESSARY AND DESIGNED TO PROTECT THE
 PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE OF THE RESIDENTS OF NEW  YORK
 STATE.
   §  1001. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY FOR THE PURPOSES
 OF THIS ARTICLE:
   1. "ACCESSORY DWELLING UNIT" SHALL MEAN  AN  ATTACHED  OR  A  DETACHED
 RESIDENTIAL  DWELLING UNIT THAT PROVIDES HOUSING FOR ONE OR MORE PERSONS
 WHICH IS LOCATED ON A LOT WITH A PROPOSED OR EXISTING  PRIMARY  RESIDEN-
 TIAL  DWELLING  UNIT  AND SHALL INCLUDE PERMANENT PROVISIONS FOR LIVING,
 SLEEPING, EATING, COOKING, AND SANITATION ON THE SAME LOT AS THE PRIMARY
 SINGLE-FAMILY OR MULTI-FAMILY DWELLING.
   2. "AFFORDABLE HOUSING" SHALL  MEAN  ANY  INCOME  RESTRICTED  HOUSING,
 WHETHER INTENDED FOR RENTAL OR HOMEOWNERSHIP, THAT IS SUBJECT TO A REGU-
 LATORY AGREEMENT WITH A LOCAL, STATE OR FEDERAL GOVERNMENTAL ENTITY.
   3.  "APPLICATION"  SHALL  MEAN  AN  APPLICATION FOR A BUILDING PERMIT,
 VARIANCE, WAIVER, CONDITIONAL USE PERMIT, SPECIAL  PERMIT,  ZONING  TEXT
 AMENDMENT,  ZONING MAP AMENDMENT, AMENDMENT TO ZONING DISTRICTS, CERTIF-
 ICATION, AUTHORIZATION, SITE PLAN  APPROVAL,  SUBDIVISION  APPROVAL,  OR
 OTHER DISCRETIONARY LAND USE DETERMINATION BY A LEAD AGENCY EQUIVALENT.
   4.  "DIVISION"  SHALL  MEAN  THE  DIVISION  OF  HOUSING  AND COMMUNITY
 RENEWAL.
   5. "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT BY
 ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT  MAKES
 IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A RESIDEN-
 TIAL  HOUSING  PROJECT AND STILL REALIZE A REASONABLE RETURN IN BUILDING
 OR OPERATING  SUCH  HOUSING  WITHOUT  SUBSTANTIALLY  CHANGING  THE  RENT
 LEVELS,  RESIDENTIAL  DWELLING  UNIT SIZES, OR RESIDENTIAL DWELLING UNIT
 COUNTS PROPOSED BY THE OWNER.
   6. "HOUSING REVIEW BOARD" SHALL MEAN THE HOUSING REVIEW  BOARD  ESTAB-
 LISHED PURSUANT TO THIS ARTICLE.
   7.  "LAND  USE  ACTION"  SHALL MEAN ANY ENACTMENT OF OR AMENDMENT TO A
 PROVISION OF A ZONING LOCAL LAW, ORDINANCE, RESOLUTION, POLICY, PROGRAM,
 S. 4006--A                         42                         A. 3006--A
 
 PROCEDURE, COMPREHENSIVE PLAN, SITE PLAN,  SUBDIVISION  PLAN,  CRITERIA,
 RULE, REGULATION, OR REQUIREMENT OF A LOCAL AGENCY.
   8.  "LAND  USE  REQUIREMENTS" SHALL MEAN ANY AND ALL LOCAL LAWS, ORDI-
 NANCES, RESOLUTIONS, OR REGULATIONS, THAT SHALL BE  ADOPTED  OR  ENACTED
 UNDER THIS CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL
 OR OTHER LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE LIMIT-
 ED TO A LOCALITY'S:
   A. WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
   B. ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
   C.  SPECIAL  USE  PERMIT,  SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT
 ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
   D. SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
   E. SITE PLAN REVIEW  ORDINANCE,  LOCAL  LAWS,  RESOLUTIONS,  OR  REGU-
 LATIONS; AND
   F. POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER REGULATO-
 RY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE AND OCCUPANCY
 OF  LAND,  THE  AREA AND DIMENSIONAL REQUIREMENTS FOR THE DEVELOPMENT OF
 LAND, OR THE INTENSITY OF SUCH DEVELOPMENT.
   9. "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY  LEGISLATIVE  BODY
 OF  A  LOCALITY, PLANNING BOARD, ZONING BOARD OF APPEALS, PLANNING DIVI-
 SION, PLANNING COMMISSION, BOARD OF  STANDARDS  AND  APPEALS,  BOARD  OF
 ZONING  APPEALS,  OR  ANY  OFFICIAL  OR  EMPLOYEE,  OR ANY OTHER AGENCY,
 DEPARTMENT, BOARD OR OTHER ENTITY RELATED TO A LOCALITY WITH THE AUTHOR-
 ITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR AMENDMENT TO ANY
 LAND USE REQUIREMENTS AS DEFINED IN THIS ARTICLE.
   10. "LOCALITY" SHALL REFER TO ALL  CITIES,  TOWNS,  OR  VILLAGES  THAT
 REGULATE  LAND  USE  PURSUANT TO THE GENERAL CITY LAW, THE TOWN LAW, THE
 VILLAGE LAW, OR OTHER STATE LAW, AS APPLICABLE. PROVIDED FURTHER THAT IN
 A CITY WITH A POPULATION OF ONE MILLION OR MORE, "LOCALITY" SHALL  REFER
 TO  A COMMUNITY DISTRICT AS DEFINED BY CHAPTER SIXTY-NINE OF THE CHARTER
 OF THE CITY OF NEW YORK. PROVIDED FURTHER THAT "LOCALITY" SHALL REFER TO
 ANY CITY, TOWN, OR VILLAGE WITHIN A COUNTY, WHERE SUCH COUNTY  REGULATES
 OR OTHERWISE HAS APPROVAL AUTHORITY OVER LAND USE REQUIREMENTS.
   11. "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.
   12.  "OBJECTIVE  STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE
 NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE  AND
 ARE  UNIFORMLY  VERIFIABLE  BY  REFERENCE  TO  A  PUBLICLY AVAILABLE AND
 UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL-
 OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF
 A RESIDENTIAL LAND USE APPLICATION.
   13. "PREVIOUSLY DISTURBED LAND" SHALL MEAN A PARCEL  OR  LOT  OF  LAND
 THAT  WAS  OCCUPIED  OR  FORMERLY  OCCUPIED  BY  A BUILDING OR OTHERWISE
 IMPROVED OR UTILIZED THAT IS NOT LOCATED IN A 100-YEAR FLOODPLAIN OR WAS
 NOT BEING USED FOR COMMERCIAL AGRICULTURAL PURPOSES AS OF THE  EFFECTIVE
 DATE OF THIS ARTICLE.
   14.  "QUALIFYING PROJECT" SHALL REFER TO AN APPLICATION THAT IS FOR AT
 LEAST TEN DWELLING UNITS IN LOCALITIES NOT LOCATED IN  THE  METROPOLITAN
 TRANSPORTATION  COMMUTER  DISTRICT  OR AT LEAST TWENTY DWELLING UNITS IN
 LOCALITIES LOCATED IN THE METROPOLITAN TRANSPORTATION COMMUTER  DISTRICT
 AND AT LEAST TWENTY PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING
 UNITS  RESTRICTED  TO  HOUSEHOLDS  AT OR BELOW FIFTY PERCENT OF THE AREA
 MEDIAN INCOME OR SUPPORTIVE DWELLING  UNITS,  OR  AT  LEAST  TWENTY-FIVE
 PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING UNITS RESTRICTED TO
 S. 4006--A                         43                         A. 3006--A
 
 HOUSEHOLDS  AT  OR  BELOW  EIGHTY  PERCENT  OF THE AREA MEDIAN INCOME OR
 SUPPORTIVE DWELLING UNITS.
   15.  "RESIDENTIAL  DWELLING UNIT" SHALL MEAN ANY BUILDING OR STRUCTURE
 OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS  THE
 HOME,  RESIDENCE  OR SLEEPING PLACE OF ONE OR MORE HUMAN BEINGS, HOWEVER
 THE TERM DOES NOT INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS  DEFINED  IN
 SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS INTENDED TO
 BE USED ON A SEASONAL BASIS.
   16. "SAFE HARBOR" SHALL MEAN THAT A LOCALITY'S DENIALS OF APPLICATIONS
 ARE  NOT  SUBJECT  TO  APPEAL PURSUANT TO SECTION ONE THOUSAND FOUR, ONE
 THOUSAND FIVE OR ONE THOUSAND SIX OF THIS ARTICLE FOR A THREE-YEAR CYCLE
 AS SET FORTH IN SECTION ONE THOUSAND THREE OF THIS ARTICLE.
   17. "SUPPORTIVE HOUSING" SHALL MEAN RESIDENTIAL  DWELLING  UNITS  WITH
 SUPPORTIVE SERVICES FOR TENANTS.
   18.  "THREE-YEAR CYCLE" SHALL MEAN A TERM OF THREE CALENDAR YEARS WITH
 THE FIRST CYCLE BEGINNING ON JANUARY FIRST,  TWO  THOUSAND  TWENTY-FOUR,
 AND EACH CYCLE COMMENCING THREE CALENDAR YEARS THEREAFTER.
   §  1002.  APPLICABILITY. THIS ARTICLE SHALL APPLY TO ALL LOCALITIES AS
 DEFINED IN SUBDIVISION TEN OF SECTION ONE THOUSAND ONE OF THIS ARTICLE.
   § 1003. SAFE HARBOR. 1. DETERMINATIONS.   A. THE DIVISION,  USING  THE
 INFORMATION  SUBMITTED  PURSUANT TO THIS SECTION, MAY MAKE AND PUBLISH A
 DETERMINATION AS TO WHETHER A LOCALITY IS IN SAFE HARBOR AS A RESULT  OF
 SUCH  LOCALITY  ACHIEVING  ITS GROWTH TARGETS, AS DEFINED IN SUBDIVISION
 THREE OF THIS SECTION. SUCH DETERMINATION MAY  ONLY  BE  REVIEWED  BY  A
 COURT  OR THE HOUSING REVIEW BOARD AS PART OF AN APPEAL OF A DENIAL OF A
 SPECIFIC QUALIFYING PROJECT.
   B. SAFE HARBOR, AS DEFINED IN SECTION ONE THOUSAND ONE OF  THIS  ARTI-
 CLE,  SHALL  BE GRANTED TO LOCALITIES BASED UPON A THREE-YEAR CYCLE WITH
 THE FIRST CYCLE BEGINNING ON JANUARY FIRST,  TWO  THOUSAND  TWENTY-FOUR,
 PROVIDED  FURTHER THAT ALL LOCALITIES SHALL BE DEEMED IN SAFE HARBOR FOR
 THE DURATION OF THE FIRST CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND
 TWENTY-FOUR AND TERMINATING AFTER DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-SIX.
   (I)  A  LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR IF SUCH LOCALITY
 SATISFACTORILY ENACTS AT LEAST TWO PREFERRED ACTIONS, AS  SET  FORTH  IN
 SUBDIVISION FOUR OF THIS SECTION.  EXCEPT AS OTHERWISE SET FORTH IN THIS
 ARTICLE,  ANY DETERMINATION ISSUED BY THE DIVISION THAT A LOCALITY IS IN
 SAFE HARBOR BASED ON THE ENACTMENT OF PREFERRED ACTIONS, AS SET FORTH IN
 SUBDIVISION FOUR OF THIS SECTION, SHALL BE IN EFFECT FROM THE  EFFECTIVE
 DATE  OF SUCH DETERMINATION THROUGH THE END OF THE THREE-YEAR CYCLE THAT
 IS CURRENT ON THE DATE ON WHICH SUCH DETERMINATION IS  ISSUED,  PROVIDED
 FURTHER,  HOWEVER,  THAT  ANY  DETERMINATION  AS  TO WHETHER SAFE HARBOR
 SHOULD APPLY BASED ON THE LOCALITY'S ENACTMENT OF SUCH PREFERRED ACTIONS
 SHALL BE BASED ON SUCH PREFERRED ACTIONS ENACTED DURING  THE  THREE-YEAR
 CYCLE  IMMEDIATELY  PRECEDING THE THREE-YEAR CYCLE IN WHICH THE DETERMI-
 NATION WAS ISSUED. IN THE  EVENT  THAT  A  LOCALITY  RESCINDS  ANY  SUCH
 PREFERRED  ACTION  THAT CONTRIBUTED TO A LOCALITY BEING DETERMINED TO BE
 IN SAFE HARBOR WITHIN TEN YEARS OF SUCH  PREFERRED  ACTION'S  ENACTMENT,
 SUCH  LOCALITY SHALL BE INELIGIBLE FOR SAFE HARBOR FOR TEN YEARS, START-
 ING ON THE DATE SUCH LOCALITY WAS INITIALLY DEEMED TO BE IN SAFE  HARBOR
 AS A RESULT OF SUCH RESCINDED PREFERRED ACTION.
   (II)  A LOCALITY SHALL BE DEEMED TO BE IN SAFE HARBOR IF SUCH LOCALITY
 MET OR EXCEEDED THEIR GROWTH TARGETS AS SET FORTH IN  SUBDIVISION  THREE
 OF  THIS  SECTION.  EXCEPT  AS  OTHERWISE SET FORTH IN THIS ARTICLE, ANY
 DETERMINATION ISSUED BY THE DIVISION THAT A LOCALITY IS IN  SAFE  HARBOR
 BASED  ON  THE  LOCALITY  MEETING  OR EXCEEDING THEIR GROWTH TARGETS SET
 S. 4006--A                         44                         A. 3006--A
 
 FORTH IN SUBDIVISION THREE OF THIS SECTION SHALL BE IN EFFECT  FROM  THE
 EFFECTIVE  DATE  OF SUCH DETERMINATION THROUGH THE END OF THE THREE-YEAR
 CYCLE THAT WAS CURRENT AT THE TIME SUCH DETERMINATION WAS ISSUED BY  THE
 DIVISION; PROVIDED FURTHER, HOWEVER, THAT ANY DETERMINATION AS TO WHETH-
 ER  SAFE  HARBOR  SHOULD APPLY SHALL BE BASED ON THE LOCALITY MEETING OR
 EXCEEDING THEIR GROWTH  TARGETS  IN  THE  THREE-YEAR  CYCLE  IMMEDIATELY
 PRECEDING THE THREE-YEAR CYCLE IN WHICH THE DETERMINATION WAS ISSUED.
   (III)  A  LOCALITY  SHALL  BE  DETERMINED TO BE IN SAFE HARBOR FOR THE
 THREE-YEAR CYCLE BEGINNING ON JANUARY FIRST, TWO THOUSAND  TWENTY-SEVEN,
 AND  ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-NINE, IF, FROM
 A PERIOD BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND ENDING
 ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, SUCH  LOCALITY  MET
 OR  EXCEEDED  THEIR  GROWTH TARGETS AS SET FORTH IN SUBDIVISION THREE OF
 THIS SECTION.
   2. LOCAL REPORTING REQUIREMENTS. EACH LOCALITY SUBJECT TO THIS ARTICLE
 SHALL SUBMIT HOUSING PRODUCTION INFORMATION TO THE DIVISION. SUCH INFOR-
 MATION SHALL BE SUBMITTED PURSUANT TO THE DEADLINES SET FORTH BY SECTION
 TWENTY-A OF THE PUBLIC HOUSING LAW AND  SHALL  CONTAIN  THE  INFORMATION
 PRESCRIBED  IN SUCH SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
 SECTION, ANY FAILURE OF A LOCALITY TO PROVIDE SUCH INFORMATION  PURSUANT
 TO  THIS  SUBDIVISION TO THE DIVISION SHALL RESULT IN THE LOCALITY BEING
 DEEMED INELIGIBLE FOR SAFE HARBOR UNTIL SUCH TIME AS THE INFORMATION  IS
 PROPERLY SUBMITTED.
   3.  GROWTH  TARGETS.  A.  A  LOCALITY  MAY BE DETERMINED TO BE IN SAFE
 HARBOR FOR A THREE-YEAR CYCLE, IF, IN THE PREVIOUS THREE-YEAR  CYCLE,  A
 LOCALITY  LOCATED  OUTSIDE  OF  THE METROPOLITAN TRANSPORTATION COMMUTER
 DISTRICT PERMITTED THE CONSTRUCTION OF NEW ELIGIBLE RESIDENTIAL DWELLING
 UNITS IN AN AMOUNT EQUAL TO ONE PERCENT OF  THE  AMOUNT  OF  RESIDENTIAL
 HOUSING  UNITS EXISTING IN THE LOCALITY AS REPORTED IN THE MOST RECENTLY
 PUBLISHED UNITED STATES DECENNIAL CENSUS.
   B. A LOCALITY MAY BE DETERMINED TO BE IN SAFE HARBOR FOR A  THREE-YEAR
 CYCLE,  IF,  IN THE PREVIOUS THREE-YEAR CYCLE, A LOCALITY LOCATED INSIDE
 OF THE  METROPOLITAN  TRANSPORTATION  COMMUTER  DISTRICT  PERMITTED  THE
 CONSTRUCTION  OF  NEW  ELIGIBLE  RESIDENTIAL DWELLING UNITS IN AN AMOUNT
 EQUAL TO THREE PERCENT OF THE AMOUNT OF RESIDENTIAL HOUSING UNITS EXIST-
 ING IN THE LOCALITY AS REPORTED IN THE MOST  RECENTLY  PUBLISHED  UNITED
 STATES DECENNIAL CENSUS.
   C.  SUBJECT TO PARAGRAPH D OF THIS SUBDIVISION, THE NUMBER OF ELIGIBLE
 RESIDENTIAL DWELLING UNITS  SHALL  BE  CALCULATED  USING  THE  FOLLOWING
 FORMULA:
   (I)  A PERMITTED NEW RESIDENTIAL DWELLING UNIT SHALL BE COUNTED AS ONE
 ELIGIBLE RESIDENTIAL DWELLING UNIT, PROVIDED THAT A PERMITTED NEW  RESI-
 DENTIAL DWELLING UNIT THAT IS INCOME RESTRICTED TO HOUSEHOLDS EARNING NO
 MORE  THAN  AN AMOUNT THAT IS DETERMINED PURSUANT TO A REGULATORY AGREE-
 MENT WITH A FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITY SHALL BE COUNT-
 ED AS TWO ELIGIBLE RESIDENTIAL DWELLING UNITS; AND
   (II) EVERY PERMITTED RESIDENTIAL DWELLING UNIT  THAT  BECAME  SUITABLE
 FOR  OCCUPANCY AND THAT PREVIOUSLY HAD BEEN DEEMED ABANDONED PURSUANT TO
 ARTICLE NINETEEN-A OF THE REAL  PROPERTY  ACTIONS  AND  PROCEEDINGS  LAW
 SHALL  BE  COUNTED  AS  ONE  AND  ONE-HALF ELIGIBLE RESIDENTIAL DWELLING
 UNITS.
   FOR THE PURPOSES OF THIS SUBDIVISION, A PROJECT SHALL BE CONSIDERED TO
 BE PERMITTED IF IT  HAS  RECEIVED  ALL  NECESSARY  LOCAL  AUTHORIZATIONS
 REQUIRED PRIOR TO REQUESTING A BUILDING PERMIT.
   D.  THE  FOLLOWING  PERMITTED  RESIDENTIAL DWELLING UNITS SHALL NOT BE
 COUNTED AS ELIGIBLE RESIDENTIAL DWELLING UNITS:
 S. 4006--A                         45                         A. 3006--A
 
   (I) ANY PERMITTED RESIDENTIAL DWELLING UNIT  WHERE  MORE  THAN  TWELVE
 MONTHS HAVE PASSED BETWEEN THE AUTHORIZATION GRANTING PERMISSION AND THE
 COMMENCEMENT OF CONSTRUCTION; AND
   (II)  ANY  PERMITTED RESIDENTIAL DWELLING UNIT WHERE MORE THAN TWENTY-
 FOUR MONTHS HAVE PASSED BETWEEN THE  AUTHORIZATION  GRANTING  PERMISSION
 AND  THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR TEMPORARY CERTIFICATE
 OF OCCUPANCY.
   E. IN THE EVENT A PERMITTED RESIDENTIAL DWELLING UNIT IS  NOT  COUNTED
 AS AN ELIGIBLE RESIDENTIAL UNIT PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
 SION, SUCH RESIDENTIAL DWELLING UNIT MAY BE COUNTED AS AN ELIGIBLE RESI-
 DENTIAL  DWELLING  UNIT  WHEN  THE CERTIFICATE OF OCCUPANCY OR TEMPORARY
 CERTIFICATE OF OCCUPANCY IS ISSUED FOR SUCH RESIDENTIAL  DWELLING  UNIT.
 PROVIDED, FURTHER, THAT IN NO EVENT SHALL AN ELIGIBLE RESIDENTIAL DWELL-
 ING  UNIT BE COUNTED TOWARDS A LOCALITY'S GROWTH TARGET IN MORE THAN ONE
 THREE-YEAR CYCLE.
   4. PREFERRED ACTIONS. A. ACCESSORY DWELLING UNITS. IT SHALL BE CONSID-
 ERED TO BE A PREFERRED ACTION PURSUANT TO THIS  SECTION  IF  A  LOCALITY
 ENACTS  BY  LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH. FOR ANY LOCALITY
 WITHIN A CITY WITH A POPULATION OF ONE MILLION  OR  MORE,  IT  SHALL  BE
 CONSIDERED  TO  BE  SUCH A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL
 LAW THE PROVISIONS OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY.  FOR  ANY
 LOCALITY  LOCATED  WITHIN  A  COUNTY WHEREIN SUCH COUNTY IS EMPOWERED TO
 APPROVE OR AMEND SOME OR ALL OF THE  LAND  USE  REQUIREMENTS  APPLICABLE
 WITHIN  THE LOCALITY, TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL
 BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY ENACTS BY LOCAL LAW
 THE PROVISIONS OF THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALI-
 TY.
   (I) DEFINITIONS. FOR THE PURPOSES OF THIS PARAGRAPH:
   A. "LOCAL GOVERNMENT" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE.
   B. "NONCONFORMING ZONING CONDITION" SHALL MEAN A PHYSICAL  IMPROVEMENT
 ON A PROPERTY THAT DOES NOT CONFORM WITH CURRENT ZONING STANDARDS.
   C.  "PROPOSED DWELLING" SHALL MEAN A DWELLING THAT IS THE SUBJECT OF A
 PERMIT APPLICATION AND THAT MEETS THE REQUIREMENTS FOR PERMITTING.
   (II) A LOCAL GOVERNMENT SHALL, BY LOCAL LAW, PROVIDE FOR THE  CREATION
 OF ACCESSORY DWELLING UNITS. SUCH LOCAL LAW SHALL:
   A.  DESIGNATE  AREAS  WITHIN  THE JURISDICTION OF THE LOCAL GOVERNMENT
 WHERE ACCESSORY DWELLING UNITS  SHALL  BE  PERMITTED.  DESIGNATED  AREAS
 SHALL  INCLUDE ALL AREAS THAT PERMIT SINGLE-FAMILY OR MULTI-FAMILY RESI-
 DENTIAL USE, AND ALL LOTS WITH AN EXISTING RESIDENTIAL USE;
   B. AUTHORIZE THE CREATION OF AT LEAST ONE ACCESSORY DWELLING UNIT  PER
 LOT;
   C.  PROVIDE REASONABLE STANDARDS FOR ACCESSORY DWELLING UNITS THAT MAY
 INCLUDE, BUT ARE NOT LIMITED TO, HEIGHT, LANDSCAPE, ARCHITECTURAL REVIEW
 AND MAXIMUM SIZE OF A UNIT. IN NO CASE SHALL SUCH STANDARDS UNREASONABLY
 RESTRICT THE CREATION OF ACCESSORY DWELLING UNITS; AND
   D. REQUIRE ACCESSORY DWELLING UNITS TO COMPLY WITH THE FOLLOWING:
   (1) SUCH ACCESSORY DWELLING UNIT  MAY  BE  RENTED  SEPARATE  FROM  THE
 PRIMARY  RESIDENTIAL  DWELLING  UNIT, BUT SHALL NOT BE SOLD OR OTHERWISE
 CONVEYED SEPARATE FROM THE PRIMARY RESIDENTIAL DWELLING UNIT;
   (2) SUCH ACCESSORY DWELLING UNIT  SHALL  BE  LOCATED  ON  A  LOT  THAT
 INCLUDES A PROPOSED DWELLING OR EXISTING RESIDENTIAL DWELLING UNIT;
   (3)  SUCH  ACCESSORY  DWELLING  UNIT SHALL NOT BE RENTED FOR A TERM OF
 LESS THAN THIRTY DAYS; AND
   (4) IF THERE IS AN EXISTING PRIMARY  RESIDENTIAL  DWELLING  UNIT,  THE
 TOTAL  FLOOR  AREA  OF AN ACCESSORY DWELLING UNIT SHALL NOT EXCEED FIFTY
 PERCENT OF THE EXISTING PRIMARY RESIDENTIAL DWELLING UNIT,  UNLESS  SUCH
 S. 4006--A                         46                         A. 3006--A
 
 LIMIT  WOULD  PREVENT THE CREATION OF AN ACCESSORY DWELLING UNIT THAT IS
 NO GREATER THAN SIX HUNDRED SQUARE FEET.
   (III)  A  LOCAL GOVERNMENT SHALL NOT ESTABLISH BY LOCAL LAW ANY OF THE
 FOLLOWING:
   A. IN A LOCAL GOVERNMENT HAVING A POPULATION OF ONE MILLION OR MORE, A
 MINIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT GREAT-
 ER THAN TWO HUNDRED SQUARE FEET, OR IN A LOCAL GOVERNMENT HAVING A POPU-
 LATION OF LESS THAN ONE MILLION, A MINIMUM  SQUARE  FOOTAGE  REQUIREMENT
 FOR  AN  ACCESSORY DWELLING UNIT THAT IS GREATER THAN FIVE HUNDRED FIFTY
 SQUARE FEET;
   B. A MAXIMUM SQUARE FOOTAGE REQUIREMENT FOR AN ACCESSORY DWELLING UNIT
 THAT IS LESS THAN FIFTEEN HUNDRED SQUARE FEET;
   C. ANY OTHER MINIMUM OR MAXIMUM SIZE FOR OR OTHER LIMITS ON AN  ACCES-
 SORY DWELLING UNIT THAT DOES NOT PERMIT AT LEAST AN EIGHT HUNDRED SQUARE
 FOOT  ACCESSORY DWELLING UNIT WITH FOUR-FOOT SIDE AND REAR YARD SETBACKS
 TO BE CONSTRUCTED IN COMPLIANCE WITH OTHER  LOCAL  STANDARDS,  INCLUDING
 ANY SUCH MINIMUM OR MAXIMUM SIZE BASED UPON A PERCENTAGE OF THE PROPOSED
 DWELLING  OR  EXISTING  PRIMARY  RESIDENTIAL  DWELLING UNIT, OR ANY SUCH
 OTHER LIMITS ON LOT COVERAGE, FLOOR AREA RATIO, OPEN SPACE, AND  MINIMUM
 LOT  SIZE.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A LOCAL
 GOVERNMENT MAY PROVIDE, WHERE A LOT  CONTAINS  AN  EXISTING  RESIDENTIAL
 DWELLING  UNIT,  THAT  AN  ACCESSORY DWELLING UNIT LOCATED WITHIN AND/OR
 ATTACHED TO THE PRIMARY RESIDENTIAL DWELLING UNIT SHALL NOT  EXCEED  THE
 BUILDABLE  ENVELOPE FOR THE EXISTING RESIDENTIAL DWELLING UNIT, AND THAT
 AN ACCESSORY DWELLING UNIT THAT IS DETACHED FROM AN EXISTING RESIDENTIAL
 DWELLING UNIT SHALL BE CONSTRUCTED IN THE SAME LOCATION AND TO THE  SAME
 DIMENSIONS AS AN EXISTING STRUCTURE, IF SUCH STRUCTURE EXISTS;
   D.  A  CEILING  HEIGHT REQUIREMENT GREATER THAN SEVEN FEET, UNLESS THE
 LOCAL GOVERNMENT CAN DEMONSTRATE THAT SUCH A  REQUIREMENT  IS  NECESSARY
 FOR THE PRESERVATION OF HEALTH AND SAFETY;
   E.  ANY REQUIREMENT THAT A PATHWAY EXIST OR BE CONSTRUCTED IN CONJUNC-
 TION WITH THE CREATION OF AN ACCESSORY DWELLING UNIT, UNLESS  THE  LOCAL
 GOVERNMENT  CAN  DEMONSTRATE  THAT SUCH REQUIREMENT IS NECESSARY FOR THE
 PRESERVATION OF HEALTH AND SAFETY;
   F. ANY SETBACK FOR AN EXISTING RESIDENTIAL DWELLING UNIT OR  ACCESSORY
 STRUCTURE  OR  A  STRUCTURE  CONSTRUCTED IN THE SAME LOCATION AND TO THE
 SAME DIMENSIONS AS AN EXISTING STRUCTURE THAT IS CONVERTED TO AN  ACCES-
 SORY DWELLING UNIT OR TO A PORTION OF AN ACCESSORY DWELLING UNIT, OR ANY
 SETBACK  OF  MORE THAN FOUR FEET FROM THE SIDE AND REAR LOT LINES FOR AN
 ACCESSORY DWELLING UNIT THAT IS NOT CONVERTED FROM AN EXISTING STRUCTURE
 OR A NEW STRUCTURE CONSTRUCTED IN THE SAME  LOCATION  AND  TO  THE  SAME
 DIMENSIONS AS AN EXISTING STRUCTURE; OR
   G.  ANY HEALTH OR SAFETY REQUIREMENTS ON ACCESSORY DWELLING UNITS THAT
 ARE NOT  NECESSARY  TO  PROTECT  HEALTH  AND  SAFETY.  NOTHING  IN  THIS
 PROVISION  SHALL BE CONSTRUED TO PREVENT A LOCAL GOVERNMENT FROM REQUIR-
 ING THAT ACCESSORY DWELLING UNITS ARE, WHERE  APPLICABLE,  SUPPORTED  BY
 SEPTIC  CAPACITY  NECESSARY  TO  MEET  STATE HEALTH, SAFETY AND SANITARY
 STANDARDS, THAT THE CREATION OF SUCH ACCESSORY DWELLING  UNITS  COMPORTS
 WITH  FLOOD  RESILIENCY  POLICIES  OR  EFFORTS,  AND THAT SUCH ACCESSORY
 DWELLING UNITS ARE  CONSISTENT  WITH  THE  PROTECTION  OF  WETLANDS  AND
 WATERSHEDS.
   (IV)  NO PARKING REQUIREMENT SHALL BE IMPOSED ON AN ACCESSORY DWELLING
 UNIT; PROVIDED, HOWEVER, THAT WHERE NO ADJACENT  PUBLIC  STREET  PERMITS
 YEAR-ROUND  ON-STREET PARKING AND THE ACCESSORY DWELLING UNIT IS GREATER
 THAN ONE-HALF MILE FROM ACCESS TO PUBLIC TRANSPORTATION, A LOCAL GOVERN-
 MENT MAY REQUIRE UP TO ONE OFF-STREET PARKING SPACE PER ACCESSORY UNIT.
 S. 4006--A                         47                         A. 3006--A
 
   (V) A LOCAL GOVERNMENT SHALL NOT REQUIRE THAT OFF-STREET PARKING SPAC-
 ES BE REPLACED IF A GARAGE, CARPORT, OR  COVERED  PARKING  STRUCTURE  IS
 DEMOLISHED IN CONJUNCTION WITH THE CONSTRUCTION OF AN ACCESSORY DWELLING
 UNIT OR CONVERTED TO AN ACCESSORY DWELLING UNIT.
   (VI)  NOTWITHSTANDING  ANY  LOCAL LAW, ORDINANCE, RESOLUTION, OR REGU-
 LATIONS, A PERMIT APPLICATION TO CREATE AN ACCESSORY  DWELLING  UNIT  IN
 CONFORMANCE WITH A LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH SHALL BE
 CONSIDERED  MINISTERIALLY, WITHOUT DISCRETIONARY REVIEW OR A HEARING. IF
 THERE IS AN EXISTING SINGLE-FAMILY OR MULTI-FAMILY RESIDENTIAL  DWELLING
 UNIT ON THE LOT, THE PERMITTING LOCAL GOVERNMENT SHALL ACT ON THE APPLI-
 CATION  TO CREATE AN ACCESSORY DWELLING UNIT WITHIN NINETY DAYS FROM THE
 DATE THE LOCAL AGENCY RECEIVES A COMPLETED APPLICATION OR,  IN  A  LOCAL
 GOVERNMENT  HAVING  A  POPULATION  OF  ONE MILLION OR MORE, WITHIN SIXTY
 DAYS. IF THE PERMIT APPLICATION TO CREATE AN ACCESSORY DWELLING UNIT  IS
 SUBMITTED  WITH A PERMIT APPLICATION TO CREATE A NEW PRIMARY RESIDENTIAL
 DWELLING UNIT ON THE LOT, THE  PERMITTING  LOCAL  GOVERNMENT  MAY  DELAY
 ACTING  ON  THE PERMIT APPLICATION FOR THE ACCESSORY DWELLING UNIT UNTIL
 THE PERMITTING LOCAL GOVERNMENT ACTS ON THE PERMIT APPLICATION TO CREATE
 THE NEW PRIMARY RESIDENTIAL DWELLING UNIT, BUT THE APPLICATION TO CREATE
 THE ACCESSORY DWELLING UNIT SHALL BE  CONSIDERED  WITHOUT  DISCRETIONARY
 REVIEW  OR  HEARING.  IF THE APPLICANT REQUESTS A DELAY, THE TIME PERIOD
 FOR REVIEW SHALL BE TOLLED FOR THE PERIOD  OF  THE  DELAY.  SUCH  REVIEW
 SHALL  INCLUDE  ALL  NECESSARY  PERMITS AND APPROVALS INCLUDING, WITHOUT
 LIMITATION, THOSE RELATED TO HEALTH AND SAFETY. A LOCAL GOVERNMENT SHALL
 NOT REQUIRE  AN  ADDITIONAL  OR  AMENDED  CERTIFICATE  OF  OCCUPANCY  IN
 CONNECTION  WITH  AN  ACCESSORY  DWELLING  UNIT.  A LOCAL GOVERNMENT MAY
 CHARGE A FEE NOT TO EXCEED ONE THOUSAND DOLLARS PER APPLICATION FOR  THE
 REIMBURSEMENT  OF  THE ACTUAL COSTS SUCH LOCAL AGENCY INCURS PURSUANT TO
 THE LOCAL LAW ENACTED PURSUANT TO THIS PARAGRAPH.
   (VII) LOCAL GOVERNMENTS SHALL ESTABLISH AN ADMINISTRATIVE APPEAL PROC-
 ESS TO A LOCAL AGENCY FOR  APPLICATIONS  TO  CREATE  ACCESSORY  DWELLING
 UNITS. THE JURISDICTION OF THE LOCAL AGENCY TO DECIDE SUCH APPEALS SHALL
 BE  LIMITED  TO  REVIEWING ANY ORDER, REQUIREMENT, DECISION, INTERPRETA-
 TION, OR DETERMINATION ISSUED UNDER THE LOCAL LAW  ADOPTED  PURSUANT  TO
 THIS  PARAGRAPH  AND  DECIDING THE MATTER FROM WHICH ANY SUCH APPEAL WAS
 TAKEN. WHEN A PERMIT TO CREATE AN ACCESSORY DWELLING UNIT PURSUANT TO  A
 LOCAL LAW ADOPTED PURSUANT TO THIS PARAGRAPH IS DENIED, THE LOCAL AGENCY
 THAT  DENIED  THE  PERMIT  SHALL  ISSUE  A  NOTICE OF DENIAL WHICH SHALL
 CONTAIN THE REASON OR REASONS SUCH PERMIT  APPLICATION  WAS  DENIED  AND
 INSTRUCTIONS  ON  HOW  THE APPLICANT MAY APPEAL SUCH DENIAL. SUCH NOTICE
 SHALL BE MADE PART OF THE  RECORD  OF  APPEALS.  ALL  APPEALS  SHALL  BE
 SUBMITTED  TO  THE  LOCAL AGENCY AUTHORIZED BY THE GOVERNING BODY OF THE
 LOCAL GOVERNMENT TO DECIDE SUCH APPEALS, IN WRITING WITHIN  THIRTY  DAYS
 OF  ANY  ORDER,  REQUIREMENT, DECISION, INTERPRETATION, OR DETERMINATION
 RELATED TO THE CREATION OF ACCESSORY DWELLING UNITS.
   (VIII) NO OTHER LOCAL LAW, ORDINANCE, POLICY, OR REGULATION  SHALL  BE
 THE BASIS FOR THE DENIAL OF A BUILDING PERMIT OR A USE PERMIT UNDER THIS
 PARAGRAPH  EXCEPT  TO  THE EXTENT NECESSARY TO PROTECT HEALTH AND SAFETY
 AND PROVIDED SUCH LAW, POLICY, OR  REGULATION  IS  CONSISTENT  WITH  THE
 REQUIREMENTS OF THIS PARAGRAPH.
   (IX)  A  LOCAL GOVERNMENT SHALL NOT REQUIRE, AS A CONDITION FOR MINIS-
 TERIAL APPROVAL OF A PERMIT APPLICATION FOR THE CREATION OF AN ACCESSORY
 DWELLING  UNIT,  THE  CORRECTION  OF  NONCONFORMING  ZONING  CONDITIONS,
 NONCOMPLYING  ZONING  CONDITIONS, OR OTHER MINOR VIOLATIONS OF ANY LOCAL
 LAW.
 S. 4006--A                         48                         A. 3006--A
 
   (X) WHERE AN ACCESSORY DWELLING UNIT REQUIRES A NEW OR SEPARATE UTILI-
 TY CONNECTION DIRECTLY BETWEEN THE ACCESSORY DWELLING UNIT AND THE UTIL-
 ITY, THE CONNECTION MAY BE SUBJECT  TO  A  CONNECTION  FEE  OR  CAPACITY
 CHARGE  THAT SHALL BE PROPORTIONATE TO THE BURDEN OF THE PROPOSED ACCES-
 SORY  DWELLING  UNIT,  BASED  UPON  EITHER ITS SIZE OR THE NUMBER OF ITS
 PLUMBING FIXTURES UPON THE WATER OR SEWER SYSTEM.  SUCH  FEE  OR  CHARGE
 SHALL   NOT  EXCEED  THE  REASONABLE  COST  OF  PROVIDING  SUCH  UTILITY
 CONNECTION. A LOCAL  GOVERNMENT  SHALL  NOT  IMPOSE  ANY  OTHER  FEE  IN
 CONNECTION WITH AN ACCESSORY DWELLING UNIT.
   (XI)  A PROPERTY OWNER WHO IS DENIED A PERMIT BY A LOCAL GOVERNMENT IN
 VIOLATION OF THIS PARAGRAPH SHALL HAVE A PRIVATE CAUSE OF  ACTION  IN  A
 COURT OF COMPETENT JURISDICTION.
   (XII)  ANY  AMENDMENT  UNDERTAKEN  PURSUANT TO THIS PARAGRAPH SHALL BE
 EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS  PURSUANT  TO  ARTICLE
 EIGHT  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW AND ANY RULES AND REGU-
 LATIONS PROMULGATED PURSUANT THERETO, AND ANY  SUBSTANTIALLY  EQUIVALENT
 LOCAL  LAW,  REGULATION  OR  RULE  TO ARTICLE EIGHT OF THE ENVIRONMENTAL
 CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A  POPU-
 LATION  GREATER  THAN  ONE  MILLION  PEOPLE,  CITY ENVIRONMENTAL QUALITY
 REVIEW.
   B. LOT SPLITS. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION  PURSU-
 ANT  TO THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF
 THIS PARAGRAPH. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF  ONE
 MILLION  OR MORE, IT SHALL BE A CONSIDERED TO BE SUCH A PREFERRED ACTION
 IF SUCH CITY ENACTS BY  LOCAL  LAW  THE  PROVISIONS  OF  THIS  PARAGRAPH
 THROUGHOUT SUCH LOCALITY. FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHER-
 EIN SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND
 USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUN-
 TY  IS  SO  EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF
 SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH  TO  BE
 IN EFFECT THROUGHOUT SUCH LOCALITY.
   (I) NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW, RULE OR
 REGULATION, A LEAD AGENCY EQUIVALENT SHALL MINISTERIALLY APPROVE, AS SET
 FORTH  BY  THE  LOCAL  LAW  ADOPTED  TO  ESTABLISH A PREFERRED ACTION IN
 ACCORDANCE WITH THIS PARAGRAPH, A LOT TO BE SPLIT  IF  THE  LEAD  AGENCY
 EQUIVALENT  DETERMINES  THAT THE LOT MEETS ALL OF THE FOLLOWING REQUIRE-
 MENTS:
   A. THE LOT TO BE SPLIT CREATES NO MORE THAN TWO NEW LOTS  OF  APPROXI-
 MATELY  EQUAL  LOT AREA, PROVIDED THAT ONE LOT SHALL NOT BE SMALLER THAN
 FORTY PERCENT OF THE LOT AREA OF  THE  ORIGINAL  LOT  PROPOSED  FOR  THE
 SUBDIVISION;
   B. THE LOT TO BE SPLIT IS LOCATED IN AN AREA WHERE SINGLE-FAMILY RESI-
 DENTIAL USE IS PERMITTED;
   C.  THE LOT WAS NOT CREATED FROM A PREVIOUS LOT SPLIT PERMITTED PURSU-
 ANT TO THE LOCAL LAW THAT WAS ENACTED PURSUANT TO THIS PARAGRAPH; AND
   D. THE PROPOSED LOT SPLIT WOULD NOT REQUIRE DEMOLITION  OR  ALTERATION
 OF ANY OF THE FOLLOWING TYPES OF HOUSING:
   (1)  HOUSING THAT IS SUBJECT TO A RECORDED COVENANT, ORDINANCE, LAW OR
 REGULATORY AGREEMENT  THAT  RESTRICTS  RENTS  TO  LEVELS  AFFORDABLE  TO
 PERSONS AND FAMILIES OF A SET INCOME;
   (2) HOUSING THAT IS SUBJECT TO THE EMERGENCY RENT STABILIZATION LAW OR
 THE EMERGENCY TENANT PROTECTION ACT; OR
   (3) HOUSING THAT IS LISTED ON THE STATE REGISTRY OF HISTORIC PLACES OR
 HAD  AN  APPLICATION  PENDING  TO  BE  LISTED ON SUCH REGISTRY AS OF THE
 EFFECTIVE DATE OF THIS ARTICLE.
 S. 4006--A                         49                         A. 3006--A
 
   (II) AN APPLICATION FOR A LOT SPLIT SHALL BE  APPROVED  IN  ACCORDANCE
 WITH THE FOLLOWING REQUIREMENTS:
   A. A LEAD AGENCY EQUIVALENT SHALL APPROVE OR DENY AN APPLICATION FOR A
 LOT SPLIT MINISTERIALLY WITHOUT DISCRETIONARY REVIEW.
   B.  A  LEAD AGENCY EQUIVALENT SHALL NOT REQUIRE DEDICATIONS OF RIGHTS-
 OF-WAY OR THE CONSTRUCTION OF OFFSITE IMPROVEMENTS FOR  THE  LOTS  BEING
 CREATED  AS A CONDITION OF APPROVING A LOT SPLIT PURSUANT TO A LOCAL LAW
 ADOPTED PURSUANT TO THIS PARAGRAPH.
   C. A LEAD AGENCY EQUIVALENT  SHALL  NOT  IMPOSE  LAND  USE  STANDARDS,
 ZONING  STANDARDS,  SUBDIVISION  STANDARDS,  DESIGN REVIEW STANDARDS, OR
 OTHER DEVELOPMENT STANDARDS THAT WOULD HAVE  THE  EFFECT  OF  PHYSICALLY
 PRECLUDING  THE  CONSTRUCTION OF TWO UNITS, ONE ON EACH OF THE RESULTING
 LOTS, OR THAT WOULD RESULT IN A UNIT SIZE OF  LESS  THAN  EIGHT  HUNDRED
 SQUARE  FEET,  PROVIDED FURTHER THAT NO SETBACK SHALL BE REQUIRED FOR AN
 EXISTING STRUCTURE OR A STRUCTURE CONSTRUCTED IN THE SAME  LOCATION  AND
 TO THE SAME DIMENSIONS AS AN EXISTING STRUCTURE.
   D. NOTWITHSTANDING CLAUSE C OF THIS SUBPARAGRAPH, A LEAD AGENCY EQUIV-
 ALENT  MAY  REQUIRE  A SETBACK OF UP TO FOUR FEET FROM THE SIDE AND REAR
 LOT LINES.
   (III) A LEAD AGENCY EQUIVALENT MAY DENY A LOT SPLIT IF THE LEAD AGENCY
 EQUIVALENT MAKES A WRITTEN FINDING, BASED UPON A  PREPONDERANCE  OF  THE
 EVIDENCE,  THAT  A  PROPOSED RESIDENTIAL DWELLING UNIT ON ONE OF THE NEW
 LOTS WOULD HAVE A SPECIFIC, ADVERSE IMPACT UPON PUBLIC HEALTH OR  SAFETY
 FOR  WHICH  THERE  IS  NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE THE
 SPECIFIC ADVERSE IMPACT.
   (IV) A LEAD AGENCY EQUIVALENT MAY REQUIRE ANY OF THE FOLLOWING  CONDI-
 TIONS WHEN CONSIDERING AN APPLICATION TO UNDERTAKE A LOT SPLIT:
   A. EASEMENTS REQUIRED FOR THE PROVISION OF PUBLIC SERVICES AND FACILI-
 TIES;
   B.  A  REQUIREMENT THAT THE LOTS HAVE ACCESS TO, PROVIDE ACCESS TO, OR
 ADJOIN THE PUBLIC RIGHT-OF-WAY; AND
   C. OFF-STREET PARKING OF UP TO  ONE  SPACE  PER  RESIDENTIAL  DWELLING
 UNIT,  EXCEPT  THAT  A  LEAD  AGENCY EQUIVALENT SHALL NOT IMPOSE PARKING
 REQUIREMENTS IN EITHER OF THE FOLLOWING INSTANCES:
   (1) WHERE YEAR-ROUND PARKING IS PERMITTED ON AN ADJACENT STREET; OR
   (2) WHERE THE SPLIT LOT IS WITHIN ONE-HALF MILE OF  ACCESS  TO  PUBLIC
 TRANSPORTATION.
   (V) A LEAD AGENCY EQUIVALENT SHALL NOT IMPOSE OWNER OCCUPANCY REQUIRE-
 MENTS ON A LOT SPLIT AUTHORIZED PURSUANT TO A LOCAL LAW ADOPTED PURSUANT
 TO THIS PARAGRAPH.
   (VI)  A LEAD AGENCY EQUIVALENT SHALL REQUIRE THAT A RENTAL OF ANY UNIT
 CREATED PURSUANT TO A LOCAL LAW ADOPTED PURSUANT TO  THIS  PARAGRAPH  BE
 FOR A TERM LONGER THAN THIRTY DAYS.
   (VII)  A  LEAD AGENCY EQUIVALENT SHALL NOT REQUIRE, AS A CONDITION FOR
 MINISTERIAL APPROVAL OF A LOT SPLIT PURSUANT  TO  A  LOCAL  LAW  ADOPTED
 PURSUANT  TO THIS PARAGRAPH, CORRECTION OF NONCONFORMING OR NONCOMPLYING
 ZONING CONDITIONS.
   (VIII) A REQUEST FOR A LOT SPLIT  PURSUANT  TO  A  LOCAL  LAW  ADOPTED
 PURSUANT  TO  THIS  PARAGRAPH  SHALL  NOT  BE  DENIED  SOLELY BECAUSE IT
 PROPOSED ADJACENT OR CONNECTED STRUCTURES, PROVIDED THAT THE  STRUCTURES
 MEET BUILDING CODE SAFETY STANDARDS AND ARE SUFFICIENT TO ALLOW SEPARATE
 CONVEYANCE.
   (IX)  ANY  AMENDMENT  UNDERTAKEN  PURSUANT  TO THIS PARAGRAPH SHALL BE
 EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS  PURSUANT  TO  ARTICLE
 EIGHT  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW AND ANY RULES AND REGU-
 LATIONS PROMULGATED PURSUANT THERETO, AND ANY  SUBSTANTIALLY  EQUIVALENT
 S. 4006--A                         50                         A. 3006--A
 
 LOCAL  LAW,  REGULATION  OR  RULE  TO ARTICLE EIGHT OF THE ENVIRONMENTAL
 CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A  POPU-
 LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW.
   C.  REMOVE  EXCLUSIONARY  MEASURES.  IT  SHALL  BE  CONSIDERED TO BE A
 PREFERRED ACTION PURSUANT TO THIS SECTION IF A LOCALITY ENACTS BY  LOCAL
 LAW  THE  PROVISIONS  OF  THIS PARAGRAPH. FOR ANY LOCALITY WITHIN A CITY
 WITH A POPULATION OF ONE MILLION OR MORE, IT SHALL BE CONSIDERED  TO  BE
 SUCH  A PREFERRED ACTION IF SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS
 OF THIS PARAGRAPH THROUGHOUT SUCH LOCALITY.  FOR  ANY  LOCALITY  LOCATED
 WITHIN  A  COUNTY  WHEREIN  SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND
 SOME OR ALL OF THE LAND USE REQUIREMENTS APPLICABLE WITHIN THE LOCALITY,
 TO THE EXTENT THE COUNTY IS SO EMPOWERED, IT SHALL BE CONSIDERED SUCH  A
 PREFERRED  ACTION  IF  SUCH COUNTY ENACTS BY LOCAL LAW THE PROVISIONS OF
 THIS PARAGRAPH TO BE IN EFFECT THROUGHOUT SUCH LOCALITY.
   (I) NO LOCALITY SHALL, AS PART OF ITS LAND USE LAWS, ORDINANCES, RULES
 OR REGULATIONS, INCLUDING, BUT NOT LIMITED TO, ZONING LAWS,  ORDINANCES,
 RULES  OR REGULATIONS, SITE PLAN REVIEW LAWS, ORDINANCES, RULES OR REGU-
 LATIONS, SUBDIVISION LAWS, RULES OR REGULATIONS, OR COMPREHENSIVE  PLAN-
 NING LAWS, RULES OR REGULATIONS, IMPOSE:
   A. MINIMUM LOT SIZE REQUIREMENTS FOR MIXED-USE OR RESIDENTIAL USES;
   B. HEIGHT LIMITS THAT PRECLUDE OR UNDULY RESTRICT THE ABILITY TO BUILD
 RESIDENTIAL  ACCOMMODATIONS,  INCLUDING  MULTI-FAMILY RESIDENTIAL BUILD-
 INGS;
   C. LOT COVERAGE RESTRICTIONS THAT  PRECLUDE  OR  UNDULY  RESTRICT  THE
 ABILITY  TO  BUILD  RESIDENTIAL  ACCOMMODATIONS,  INCLUDING MULTI-FAMILY
 RESIDENTIAL BUILDINGS; OR
   D. PARKING MINIMUMS ON ANY SITE THAT  EXCEED  ONE  PARKING  SPACE  PER
 RESIDENTIAL  DWELLING  UNIT, PROVIDED, FURTHER, THAT NO PARKING MINIMUMS
 MAY BE IMPOSED FOR ANY SITE THAT  INCLUDES  RESIDENTIAL  DWELLING  UNITS
 WHEN  SUCH  SITE  IS  LOCATED WITHIN ONE-HALF MILE FROM ACCESS TO PUBLIC
 TRANSPORTATION.
   (II) ANY AMENDMENT UNDERTAKEN PURSUANT  TO  THIS  PARAGRAPH  SHALL  BE
 EXEMPT  FROM  ANY  ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE
 EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW  AND  ANY  RULES  AND  REGU-
 LATIONS  PROMULGATED  PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
 LOCAL LAW, REGULATION OR RULE TO  ARTICLE  EIGHT  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW.
   D. SMART GROWTH REZONINGS. IT SHALL BE CONSIDERED TO  BE  A  PREFERRED
 ACTION  PURSUANT  TO  THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE
 PROVISIONS OF THIS PARAGRAPH. SUCH PREFERRED ACTION  SHALL  BE  DESIGNED
 AND IMPLEMENTED IN SUCH A MANNER THAT IT COMPLIES WITH FEDERAL AND STATE
 FAIR  HOUSING  LAWS,  INCLUDING THE REQUIREMENT TO AFFIRMATIVELY FURTHER
 FAIR HOUSING, WHICH SHALL INCLUDE COMPLIANCE WITH THE  REQUIREMENTS  SET
 FORTH  IN SUBDIVISION THREE OF SECTION SIX HUNDRED OF THE PUBLIC HOUSING
 LAW. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION  OR
 MORE,  IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF SUCH CITY
 ENACTS BY LOCAL LAW THE PROVISIONS OF  THIS  PARAGRAPH  THROUGHOUT  SUCH
 LOCALITY.   FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN SUCH COUNTY
 IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE  LAND  USE  REQUIRE-
 MENTS  APPLICABLE  WITHIN  THE  LOCALITY, TO THE EXTENT THE COUNTY IS SO
 EMPOWERED, IT SHALL BE CONSIDERED SUCH A PREFERRED ACTION IF SUCH COUNTY
 ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH  TO  BE  IN  EFFECT
 THROUGHOUT SUCH LOCALITY.
   (I)  A  LEAD  AGENCY  EQUIVALENT  SHALL UNDERTAKE A LAND USE ACTION TO
 AMEND  ITS  LAND  USE  REQUIREMENTS,  AS  APPLICABLE,  TO   PERMIT   THE
 S. 4006--A                         51                         A. 3006--A
 
 CONSTRUCTION  OF  RESIDENTIAL  HOUSING  WITH  AN AGGREGATE DENSITY OF AT
 LEAST TWENTY-FIVE RESIDENTIAL DWELLING UNITS PER ACRE OVER  AN  AREA  OR
 AREAS CONSISTING SOLELY OF PREVIOUSLY DISTURBED LAND THAT, IN THE AGGRE-
 GATE,  ARE  EQUAL  TO ONE-THIRD OF THE PREVIOUSLY DISTURBED LAND MASS OF
 THE LOCALITY.
   (II) SUCH LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT MAKES THE
 DEVELOPMENT OF RESIDENTIAL HOUSING ECONOMICALLY  INFEASIBLE,  INCLUDING,
 BUT  NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD OR
 OPEN SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR  MAXIMUM  RESIDEN-
 TIAL  DWELLING  UNIT SIZE LIMITS, OR RESTRICTIONS ON THE TOTAL NUMBER OF
 PERMITTED  RESIDENTIAL  DWELLING  UNITS  WITHIN  A  RESIDENTIAL  HOUSING
 PROJECT  BASED  ON  LOT  SIZE OR OTHER CRITERIA OTHER THAN THE AGGREGATE
 DENSITY.
   (III) SUCH LAND USE ACTION SHALL PERMIT COMMERCIAL USES ON  A  REASON-
 ABLE  PERCENTAGE  OF THE LOTS IMPACTED BY THE AMENDMENT WITH THE GOAL OF
 GRANTING RESIDENTS ACCESS TO AMENITIES, GOODS, AND SERVICES WITHIN WALK-
 ING DISTANCE OF THEIR RESIDENCES.
   (IV) ANY AMENDMENT UNDERTAKEN PURSUANT  TO  THIS  PARAGRAPH  SHALL  BE
 EXEMPT  FROM  ANY  ENVIRONMENTAL REVIEW REQUIREMENTS PURSUANT TO ARTICLE
 EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW  AND  ANY  RULES  AND  REGU-
 LATIONS  PROMULGATED  PURSUANT THERETO, AND ANY SUBSTANTIALLY EQUIVALENT
 LOCAL LAW, REGULATION OR RULE TO  ARTICLE  EIGHT  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A POPU-
 LATION GREATER THAN  ONE  MILLION  PEOPLE,  CITY  ENVIRONMENTAL  QUALITY
 REVIEW.
   (V)  ANY  PROPOSED  PROJECT  THAT  PROVIDES  RESIDENTIAL  HOUSING  AND
 COMPLIES WITH A LOCALITY'S LAND USE REQUIREMENTS, AFTER  SUCH  LAND  USE
 REQUIREMENTS  HAVE  BEEN  AMENDED  PURSUANT  TO THIS PARAGRAPH, SHALL BE
 EXEMPT FROM REVIEW REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF  THE  ENVI-
 RONMENTAL  CONSERVATION  LAW  AND  ANY RULES AND REGULATIONS PROMULGATED
 THERETO, AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR  RULE
 TO  ARTICLE  EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING, BUT
 NOT LIMITED TO, IN A CITY WITH A POPULATION  GREATER  THAN  ONE  MILLION
 PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW.
   (VI)  PROJECT SPECIFIC REVIEW OF ANY PROJECT THAT PROVIDES RESIDENTIAL
 HOUSING AND COMPLIES WITH A LOCALITY'S LAND USE REQUIREMENTS, AFTER SUCH
 REQUIREMENTS HAVE BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL:
   A. BE COMPLETED WITH WRITTEN APPROVAL OR DENIAL BEING DELIVERED TO THE
 APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE  APPLICATION  BEING
 SUBMITTED; AND
   B. BE LIMITED TO A REVIEW OF THE FOLLOWING:
   (1)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
   (2) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE  ADEQUATE  UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   (3) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
 IC  REVIEW  MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC-
 TIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC  REVIEW  MAY  CONSIDER
 AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE
 THE  COST  OF  A  PROJECT  TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY
 INFEASIBLE.
   C. UNLESS SPECIFICALLY SET FORTH BY THIS PARAGRAPH, NOTHING SET  FORTH
 IN THIS SUBPARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE
 ANY  PERMITTING  REQUIRED  PURSUANT  TO  STATE  OR FEDERAL LAWS OR REGU-
 LATIONS.
 S. 4006--A                         52                         A. 3006--A
 
   E. ADAPTIVE REUSE REZONINGS. IT SHALL BE CONSIDERED TO BE A  PREFERRED
 ACTION  PURSUANT  TO  THIS SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE
 PROVISIONS OF THIS PARAGRAPH. SUCH PREFERRED ACTION  SHALL  BE  DESIGNED
 AND IMPLEMENTED IN SUCH A MANNER THAT IT COMPLIES WITH FEDERAL AND STATE
 FAIR  HOUSING  LAWS,  INCLUDING THE REQUIREMENT TO AFFIRMATIVELY FURTHER
 FAIR HOUSING, WHICH SHALL INCLUDE COMPLIANCE WITH THE  REQUIREMENTS  SET
 FORTH  IN SUBDIVISION THREE OF SECTION SIX HUNDRED OF THE PUBLIC HOUSING
 LAW. FOR ANY LOCALITY WITHIN A CITY WITH A POPULATION GREATER  THAN  ONE
 MILLION  PEOPLE, IT SHALL BE CONSIDERED TO BE SUCH A PREFERRED ACTION IF
 SUCH CITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS PARAGRAPH  THROUGH-
 OUT  SUCH  LOCALITY.    FOR ANY LOCALITY LOCATED WITHIN A COUNTY WHEREIN
 SUCH COUNTY IS EMPOWERED TO APPROVE OR AMEND SOME OR ALL OF THE LAND USE
 REQUIREMENTS APPLICABLE WITHIN THE LOCALITY, TO THE EXTENT THE COUNTY IS
 SO EMPOWERED, IT SHALL BE CONSIDERED SUCH A  PREFERRED  ACTION  IF  SUCH
 COUNTY  ENACTS  BY  LOCAL  LAW THE PROVISIONS OF THIS PARAGRAPH TO BE IN
 EFFECT THROUGHOUT SUCH LOCALITY.
   (I) A LEAD AGENCY EQUIVALENT SHALL UNDERTAKE  A  LAND  USE  ACTION  TO
 AMEND ITS LAND USE REQUIREMENTS TO PERMIT THE CONSTRUCTION AND OCCUPANCY
 OF RESIDENTIAL HOUSING WITH AN AGGREGATE DENSITY OF AT LEAST TWENTY-FIVE
 RESIDENTIAL  DWELLING  UNITS  PER  ACRE  IN  AN AREA THAT, PRIOR TO SUCH
 AMENDMENT, PERMITTED ONLY COMMERCIAL USE.
   A. SUCH LAND USE ACTION MUST ENCOMPASS AN AREA OF AT LEAST ONE HUNDRED
 ACRES.
   B. SUCH LAND USE ACTION SHALL NOT INCLUDE ANY MEASURE THAT  MAKES  THE
 DEVELOPMENT  OF  RESIDENTIAL HOUSING ECONOMICALLY INFEASIBLE, INCLUDING,
 BUT NOT LIMITED TO, UNDULY RESTRICTIVE HEIGHT LIMITS, EXCESSIVE YARD  OR
 OPEN  SPACE REQUIREMENTS, THE IMPOSITION OF MINIMUM OR MAXIMUM UNIT SIZE
 LIMITS, OR RESTRICTIONS ON THE TOTAL  NUMBER  OF  PERMITTED  RESIDENTIAL
 DWELLING UNITS WITHIN A RESIDENTIAL HOUSING PROJECT BASED ON LOT SIZE OR
 OTHER CRITERIA OTHER THAN THE AGGREGATE DENSITY.
   C.  SUCH  LAND USE ACTION SHALL PERMIT COMMERCIAL USES ON A REASONABLE
 PERCENTAGE OF THE LOTS IMPACTED BY THE AMENDMENT WITH THE GOAL OF GRANT-
 ING RESIDENTS ACCESS TO AMENITIES, GOODS, AND  SERVICES  WITHIN  WALKING
 DISTANCE OF THEIR RESIDENCES.
   (II)  ANY  AMENDMENT  UNDERTAKEN  PURSUANT  TO THIS PARAGRAPH SHALL BE
 EXEMPT FROM ANY ENVIRONMENTAL REVIEW REQUIREMENTS  PURSUANT  TO  ARTICLE
 EIGHT  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW AND ANY RULES AND REGU-
 LATIONS PROMULGATED PURSUANT THERETO, AND ANY  SUBSTANTIALLY  EQUIVALENT
 LOCAL  LAW,  REGULATION  OR  RULE  TO ARTICLE EIGHT OF THE ENVIRONMENTAL
 CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A  POPU-
 LATION  GREATER  THAN  ONE  MILLION  PEOPLE,  CITY ENVIRONMENTAL QUALITY
 REVIEW.
   (III) ANY PROPOSED  PROJECT  THAT  PROVIDES  RESIDENTIAL  HOUSING  AND
 COMPLIES  WITH  LAND  USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS
 HAVE BEEN AMENDED PURSUANT TO  THIS  PARAGRAPH,  SHALL  BE  EXEMPT  FROM
 REVIEW  REQUIREMENTS  PURSUANT  TO  ARTICLE  EIGHT  OF THE ENVIRONMENTAL
 CONSERVATION LAW AND ANY  RULES  AND  REGULATIONS  PROMULGATED  PURSUANT
 THERETO,  AND ANY SUBSTANTIALLY EQUIVALENT LOCAL LAW, REGULATION OR RULE
 TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW,  INCLUDING,  BUT
 NOT  LIMITED  TO,  IN  A CITY WITH A POPULATION GREATER THAN ONE MILLION
 PEOPLE, CITY ENVIRONMENTAL QUALITY REVIEW.
   (IV) ANY PROJECT THAT PROVIDES RESIDENTIAL HOUSING AND  COMPLIES  WITH
 APPLICABLE  LAND USE REQUIREMENTS, AFTER SUCH LAND USE REQUIREMENTS HAVE
 BEEN AMENDED PURSUANT TO THIS PARAGRAPH, SHALL BE BUILDABLE AS OF RIGHT,
 AND ANY PROJECT SPECIFIC REVIEW RELATING TO SUCH PROJECT SHALL:
 S. 4006--A                         53                         A. 3006--A
 
   A. BE COMPLETED WITH WRITTEN APPROVAL OR DENIAL BEING DELIVERED TO THE
 APPLYING PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE  APPLICATION  BEING
 SUBMITTED; AND
   B. BE LIMITED TO A REVIEW OF THE FOLLOWING:
   (1)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
   (2) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE  ADEQUATE  UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   (3) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
 IC  REVIEW  MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC-
 TIVE STANDARDS ARE PUBLISHED, NO PROJECT SPECIFIC  REVIEW  MAY  CONSIDER
 AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE
 THE  COST  OF  A  PROJECT  TO MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY
 INFEASIBLE.
   C. UNLESS SPECIFICALLY SET FORTH BY THIS PARAGRAPH, NOTHING SET  FORTH
 IN THIS SUBPARAGRAPH SHALL BE INTERPRETED TO OVERRIDE OR OTHERWISE WAIVE
 ANY  PERMITTING  REQUIRED  PURSUANT  TO  STATE  OR FEDERAL LAWS OR REGU-
 LATIONS.
   § 1004. LOCAL PROCEDURES OUTSIDE OF SAFE HARBOR/GENERAL  APPEAL  PROC-
 ESS. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, WHEN A LOCALITY
 IS NOT IN SAFE HARBOR:
   1.  AN  APPLICANT  MAY  PROPOSE  A QUALIFYING PROJECT TO A LEAD AGENCY
 EQUIVALENT, REGARDLESS OF WHETHER THE QUALIFYING PROJECT  COMPLIES  WITH
 THE  LAND  USE  REQUIREMENTS APPLICABLE TO THE SITE WHERE THE QUALIFYING
 PROJECT IS PROPOSED. NO LEAD AGENCY EQUIVALENT  MAY  REJECT  A  PROPOSED
 QUALIFYING  PROJECT  DUE TO SUCH PROJECT FAILING TO COMPLY WITH THE LAND
 USE REQUIREMENTS ON THE SITE WHERE THE QUALIFYING PROJECT  IS  PROPOSED,
 UNLESS  SUCH  QUALIFYING  PROJECT IS NOT LOCATED ON PREVIOUSLY DISTURBED
 LAND.
   2. THE LEAD AGENCY EQUIVALENT MUST APPROVE OR DENY THE APPLICATION FOR
 THE QUALIFYING PROJECT WITHIN ONE HUNDRED TWENTY DAYS  IF  THE  PROPOSED
 QUALIFYING  PROJECT CONTAINS AT LEAST TEN RESIDENTIAL DWELLING UNITS BUT
 LESS THAN ONE HUNDRED RESIDENTIAL DWELLING UNITS, AND WITHIN ONE HUNDRED
 EIGHTY DAYS IF THE PROPOSED QUALIFYING PROJECT CONTAINS ONE  HUNDRED  OR
 MORE  RESIDENTIAL DWELLING UNITS. FAILURE TO APPROVE OR DENY AN APPLICA-
 TION WITHIN THE TIME PERIODS SPECIFIED  IN  THIS  SUBDIVISION  SHALL  BE
 DEEMED TO BE A CONSTRUCTIVE DENIAL, PROVIDED FURTHER THAT THE IMPOSITION
 OF  CONDITIONS  ON THE PROJECT BY THE LEAD AGENCY EQUIVALENT THAT RENDER
 THE PROJECT ECONOMICALLY INFEASIBLE SHALL BE DEEMED TO BE A CONSTRUCTIVE
 DENIAL, AND SUBJECT TO APPEAL PURSUANT  TO  THIS  SECTION,  SECTION  ONE
 THOUSAND FIVE OR SECTION ONE THOUSAND SIX OF THIS ARTICLE.
   3.  ANY  PROJECT  SPECIFIC  REVIEW  RELATED  TO  A PROPOSED QUALIFYING
 PROJECT SHALL BE EXEMPT FROM REVIEW  REQUIREMENTS  PURSUANT  TO  ARTICLE
 EIGHT  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW AND ANY RULES AND REGU-
 LATIONS PROMULGATED PURSUANT THERETO, AND ANY  SUBSTANTIALLY  EQUIVALENT
 LOCAL  LAW,  REGULATION  OR  RULE  TO ARTICLE EIGHT OF THE ENVIRONMENTAL
 CONSERVATION LAW, INCLUDING, BUT NOT LIMITED TO, IN A CITY WITH A  POPU-
 LATION  OF  ONE  MILLION OR MORE, CITY ENVIRONMENTAL QUALITY REVIEW, AND
 SHALL BE LIMITED TO A REVIEW OF THE FOLLOWING:
   A. THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE  ADEQUATE  DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
   B.  THE  CAPACITY  OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   C. THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHETIC
 REVIEW MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF  NO  OBJECTIVE
 STANDARDS  ARE  PUBLISHED,  NO  PROJECT  SPECIFIC  REVIEW  MAY  CONSIDER
 S. 4006--A                         54                         A. 3006--A
 
 AESTHETICS. PROVIDED FURTHER THAT NO AESTHETIC REQUIREMENTS MAY INCREASE
 THE COST OF A PROJECT TO MAKE  SUCH  PROJECT  AS  PROPOSED  ECONOMICALLY
 INFEASIBLE.
   NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE INTERPRETED TO OVERRIDE
 OR  OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL
 LAWS OR REGULATIONS, UNLESS SPECIFICALLY SET FORTH IN THIS ARTICLE.
   4. ANY DENIAL OF AN APPLICATION MUST BE ACCOMPANIED  BY  THE  SPECIFIC
 REASONS FOR THE DENIAL SET FORTH IN WRITING.
   5. WHEN AN APPLICANT IS DENIED PERMISSION TO PROCEED WITH A QUALIFYING
 PROJECT,  THE  APPLICANT  MAY  FILE  AN APPEAL OF THE DENIAL PURSUANT TO
 SECTION ONE THOUSAND FIVE OR ONE THOUSAND SIX  OF  THIS  ARTICLE  WITHIN
 SIXTY DAYS OF THE DENIAL. AN APPLICANT MAY ONLY FILE ONE SUCH APPEAL PER
 QUALIFYING  PROJECT  AND  MAY  ONLY  FILE EITHER PURSUANT TO SECTION ONE
 THOUSAND FIVE OR ONE THOUSAND SIX.
   § 1005. HOUSING REVIEW BOARD. 1. STRUCTURE AND POWERS OF  THE  HOUSING
 REVIEW BOARD.
   A.  THERE IS HEREBY ESTABLISHED, WITHIN THE DIVISION, A HOUSING REVIEW
 BOARD, TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
   B. THE HOUSING REVIEW BOARD SHALL CONSIST  OF  FIVE  MEMBERS.    THREE
 MEMBERS  SHALL  BE  APPOINTED  BY  THE  GOVERNOR,  ONE  MEMBER  SHALL BE
 APPOINTED BY THE SPEAKER OF  THE  ASSEMBLY,  AND  ONE  MEMBER  SHALL  BE
 APPOINTED  BY  THE  TEMPORARY PRESIDENT OF THE SENATE. THE BOARD MEMBERS
 SHALL SERVE FIVE YEAR TERMS, AND SHALL ONLY BE RELIEVED FOR  CAUSE.  ANY
 VACANCIES  ON  THE BOARD SHALL BE FILLED WITHIN A REASONABLE TIME PERIOD
 BY THE OFFICIAL WHO APPOINTED THE BOARD MEMBER WHOSE ABSENCE HAS  CAUSED
 THE VACANCY.
   C. THE HOUSING REVIEW BOARD SHALL HAVE THE POWER AND DUTIES TO CONDUCT
 HEARINGS,  TAKE  OATHS, ISSUE ORDERS, AND OTHERWISE PERFORM ANY FUNCTION
 NECESSARY TO OPERATE IN CONFORMITY WITH THE PROVISIONS OF THIS  ARTICLE.
 THE POWERS OF THE HOUSING REVIEW BOARD SHALL INCLUDE, BUT NOT BE LIMITED
 TO, THE POWERS GRANTED TO THE COMMISSIONER OF HOUSING BY SUBDIVISION ONE
 OF  SECTION FOURTEEN OF THE PUBLIC HOUSING LAW, AND THE STATUTES, RULES,
 REGULATIONS AND OTHER DOCUMENTS GOVERNING THE ADMINISTRATION OF  HOUSING
 BY THE DIVISION OF HOMES AND COMMUNITY RENEWAL.
   D.  THE  DIVISION  SHALL PROVIDE ANY ADMINISTRATIVE AND STAFF SUPPORT,
 INCLUDING, BUT NOT LIMITED TO, ADMINISTRATIVE LAW JUDGES, TO THE HOUSING
 REVIEW  BOARD  NECESSARY  FOR  THE  EFFECTIVE  IMPLEMENTATION   OF   THE
 PROVISIONS OF THIS ARTICLE.
   E. IF THE DIVISION DETERMINES THAT A LOCALITY DOES OR DOES NOT QUALIFY
 FOR  SAFE  HARBOR,  THE  HOUSING  REVIEW  BOARD, OR ANY COURT HEARING AN
 APPEAL RELATED TO SUCH LOCALITY SHALL TAKE JUDICIAL NOTICE OF THE  DIVI-
 SION'S  DETERMINATION. IF THE DIVISION HAS NOT ISSUED A DETERMINATION AS
 TO WHETHER A LOCALITY IS IN SAFE HARBOR BASED ON  THE  THREE-YEAR  CYCLE
 THAT WAS COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE,
 AND SUCH A DETERMINATION IS NECESSARY TO ADJUDICATE AN APPEAL BEFORE THE
 HOUSING  REVIEW BOARD OR A COURT, SUCH HOUSING REVIEW BOARD OR COURT MAY
 MAKE SUCH A DETERMINATION THAT APPLIES ONLY TO THE  APPLICATION  PENDING
 BEFORE THE HOUSING REVIEW BOARD OR THE COURT, PROVIDED FURTHER, HOWEVER,
 THAT IF THE HOUSING REVIEW BOARD OR A COURT MAKES A DETERMINATION THAT A
 LOCALITY  IS  IN  SAFE  HARBOR  AS  A  RESULT  OF  THE LOCALITY ENACTING
 PREFERRED ACTIONS PURSUANT TO SUBDIVISION FOUR OF SECTION  ONE  THOUSAND
 THREE  OF  THIS  ARTICLE,  SUCH DETERMINATION SHALL BE APPLIED TO FUTURE
 PROCEEDINGS PURSUANT TO THIS SECTION AND SECTION  ONE  THOUSAND  SIX  OF
 THIS  ARTICLE  FOR  THE REMAINDER OF THE THREE-YEAR CYCLE FOR WHICH SUCH
 DETERMINATION WAS MADE. THE DIVISION, AT ITS DISCRETION, MAY TAKE NOTICE
 OF SUCH DETERMINATION AND THE FACTS UNDERLYING SUCH  DETERMINATION,  AND
 S. 4006--A                         55                         A. 3006--A
 
 ISSUE  ITS  OWN  DETERMINATION AS TO THE APPLICATION OF SAFE HARBOR THAT
 WOULD BE APPLIED TO ALL FURTHER APPEALS RELATING TO  SUCH  LOCALITY  FOR
 THE DURATION THAT SAFE HARBOR APPLIES.
   2.  APPEALS  BEFORE  THE HOUSING REVIEW BOARD. A. BEGINNING ON JANUARY
 FIRST, TWO THOUSAND TWENTY-SEVEN, ANY APPLICANT WHOSE APPLICATION RELAT-
 ING TO A QUALIFYING PROJECT IS DENIED BY A LEAD  AGENCY  EQUIVALENT  MAY
 APPEAL  SUCH DENIAL TO THE HOUSING REVIEW BOARD WITHIN SIXTY DAYS OF THE
 ISSUANCE OF THE DENIAL.
   B. IF AN APPEAL IS BROUGHT BEFORE THE HOUSING  REVIEW  BOARD  AND  THE
 DIVISION  HAS  ALREADY  DETERMINED THAT THE LOCALITY AT ISSUE IS IN SAFE
 HARBOR FOR THE APPLICABLE THREE-YEAR CYCLE, THEN  THE  APPEAL  SHALL  BE
 DENIED  AND  THE  DETERMINATION  BY  THE LEAD AGENCY EQUIVALENT SHALL BE
 MAINTAINED. IF NO DETERMINATION HAS BEEN MADE AS TO WHETHER THE LOCALITY
 IS IN SAFE HARBOR, THE HOUSING REVIEW BOARD SHALL DETERMINE AS A THRESH-
 OLD ISSUE WHETHER SUCH LOCALITY IS IN SAFE HARBOR.
   C. IF A LOCALITY IS FOUND TO NOT BE IN SAFE HARBOR, THE HOUSING REVIEW
 BOARD SHALL ISSUE A DETERMINATION AS TO WHETHER THE LEAD  AGENCY  EQUIV-
 ALENT PROPERLY DENIED THE APPLICATION AT ISSUE IN THE APPEAL PURSUANT TO
 THE REQUIREMENTS SET FORTH IN SECTION ONE THOUSAND FOUR OF THIS ARTICLE.
   D. IN ISSUING A DETERMINATION, THE HOUSING REVIEW BOARD MAY:
   (I)  REMAND  THE  PROCEEDING  TO THE LEAD AGENCY EQUIVALENT AND DIRECT
 SUCH LEAD AGENCY EQUIVALENT TO ISSUE A COMPREHENSIVE PERMIT OR  APPROVAL
 TO THE APPLICANT;
   (II) DENY THE APPEAL AND UPHOLD THE LEAD AGENCY EQUIVALENT'S DENIAL OF
 THE APPLICATION; OR
   (III)  REMAND  THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT
 SUCH LEAD AGENCY EQUIVALENT TO CONSIDER THE APPLICATION  AS  AMENDED  TO
 ADDRESS  ANY  LEGITIMATE  CONCERNS RAISED BY THE LEAD AGENCY EQUIVALENT.
 THE HOUSING REVIEW BOARD MAY REQUIRE THAT  THE  LEAD  AGENCY  EQUIVALENT
 CONSIDER ANY SUCH AMENDED APPLICATION ON AN EXPEDITED BASIS.
   E.  IN  CONSIDERING  THE  DENIAL OF AN APPLICATION, THE HOUSING REVIEW
 BOARD MAY ONLY CONSIDER THE REASONS FOR THE DENIAL  GIVEN  BY  THE  LEAD
 AGENCY EQUIVALENT AT THE TIME THE APPLICATION WAS DENIED.
   F.  ONCE  A DETERMINATION HAS BEEN ISSUED BY THE HOUSING REVIEW BOARD,
 SUCH DETERMINATION MAY BE APPEALED WITHIN SIXTY DAYS TO  AN  ADMINISTRA-
 TIVE LAW JUDGE DESIGNATED TO HEAR SUCH MATTERS. ANY DETERMINATION ISSUED
 BY  AN ADMINISTRATIVE LAW JUDGE SHALL BE CONSIDERED TO BE A FINAL AGENCY
 DETERMINATION AND MAY BE APPEALED PURSUANT TO ARTICLE  SEVENTY-EIGHT  OF
 THE CIVIL PRACTICE LAW AND RULES.
   3.  BURDEN  OF  PROOF BEFORE THE HOUSING REVIEW BOARD. A. (I) DURING A
 PROCEEDING BEFORE THE HOUSING REVIEW BOARD, THE  LOCALITY  WHICH  DENIED
 THE  PERMIT  FOR THE QUALIFYING PROJECT SHALL INITIALLY CARRY THE BURDEN
 OF PROOF TO DEMONSTRATE, BASED UPON CLEAR AND CONVINCING EVIDENCE,  THAT
 THE  PERMIT  WAS  PROPERLY DENIED PURSUANT TO ONE OR MORE OF THE REASONS
 SET FORTH IN SUBDIVISION THREE OF SECTION  ONE  THOUSAND  FOUR  OF  THIS
 ARTICLE,  THAT  THE  LOCALITY  IS IN SAFE HARBOR, OR THAT THE PROJECT AT
 ISSUE IS NOT A QUALIFYING PROJECT.
   (II) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE,  A  LOCALITY
 THAT  IS NOT IN SAFE HARBOR MAY RAISE AS AN AFFIRMATIVE DEFENSE THAT THE
 AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS, AS WEIGHTED  PURSUANT  TO
 SUBDIVISION  THREE  OF  SECTION  ONE  THOUSAND  THREE  OF  THIS ARTICLE,
 CONSTRUCTED IN THE THREE-YEAR CYCLE DURING WHICH THE APPEAL  WAS  FILED,
 COMBINED   WITH  THE  AMOUNT  OF  ELIGIBLE  RESIDENTIAL  DWELLING  UNITS
 CONSTRUCTED IN THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE  CYCLE  IN
 WHICH THE APPEAL WAS FILED, CONSTITUTE AN AMOUNT OF ELIGIBLE RESIDENTIAL
 DWELLING  UNITS  TO  QUALIFY THE LOCALITY FOR SAFE HARBOR FOR THE THREE-
 S. 4006--A                         56                         A. 3006--A

 YEAR CYCLE IN WHICH THE APPEAL WAS FILED.  PROVIDED, FURTHER THAT ELIGI-
 BLE RESIDENTIAL DWELLING UNITS SHALL ONLY BE CREDITED FOR ONE THREE-YEAR
 CYCLE, REGARDLESS OF WHEN SUCH DWELLING UNITS WERE PERMITTED  OR  BUILT.
 SUCH  DEFENSE MUST BE DEMONSTRATED BY CLEAR AND CONVINCING EVIDENCE, AND
 MUST BE SUBSTANTIATED  BY  DOCUMENTATION  SUCH  AS  TEMPORARY  OR  FINAL
 CERTIFICATES  OF  OCCUPANCY  FOR  THE HOUSING. IF THE LOCALITY MEETS THE
 BURDEN SET FORTH IN THIS PARAGRAPH, UNLESS  THE  APPLICANT  SUCCESSFULLY
 REBUTS  THE  EVIDENCE  OR REASONS FOR REJECTION PROVIDED BY THE LOCALITY
 PURSUANT TO PARAGRAPH B OF THIS  SUBDIVISION,  SUCH  LOCALITY  SHALL  BE
 DEEMED TO BE IN SAFE HARBOR FOR THE REMAINDER OF THE THREE-YEAR CYCLE IN
 EFFECT  AT THE TIME THE APPEAL WAS FILED, EFFECTIVE THE DATE SUCH DETER-
 MINATION IS MADE.
   B. IF THE LOCALITY MEETS THE BURDEN SET FORTH IN PARAGRAPH A  OF  THIS
 SUBDIVISION,  THE  APPLICANT  SHALL BE GIVEN AN OPPORTUNITY TO REBUT THE
 EVIDENCE AND REASONS FOR REJECTION PROVIDED BY THE LOCALITY.
   C. IF THE DIVISION ISSUES A DETERMINATION AS TO WHETHER A LOCALITY  IS
 IN  SAFE  HARBOR, THE HOUSING REVIEW BOARD AND ADMINISTRATIVE LAW JUDGES
 SHALL TAKE NOTICE OF SUCH DETERMINATION. IF NO  SUCH  DETERMINATION  HAS
 BEEN ISSUED BY THE DIVISION, EXCEPT AS PROVIDED IN PARAGRAPH E OF SUBDI-
 VISION  ONE OF THIS SECTION, THE HOUSING REVIEW BOARD AND ADMINISTRATIVE
 LAW JUDGES MAY MAKE A DETERMINATION AS TO WHETHER A LOCALITY IS IN  SAFE
 HARBOR,  BASED  ON  THE  THREE-YEAR CYCLE THAT WAS COMPLETED IMMEDIATELY
 PRIOR TO THE APPLICABLE THREE-YEAR CYCLE, SOLELY  FOR  THE  PURPOSES  OF
 ISSUING A DETERMINATION REGARDING THE APPLICATION THAT IS THE SUBJECT OF
 THE APPEAL BEING CONSIDERED.
   4.  COSTS  SHALL  NOT  BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE
 OFFICER OR OFFICERS WHOSE FAILURE OR REFUSAL GAVE RISE  TO  THE  SPECIAL
 PROCEEDING,  UNLESS  IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERN-
 MENT AND ITS OFFICERS ACTED WITH GROSS NEGLIGENCE OR  IN  BAD  FAITH  OR
 WITH MALICE.
   §  1006.  LAND  USE APPEALS BEFORE THE SUPREME COURT. 1. JUDGES OF THE
 SUPREME COURT THAT ARE SPECIALLY DESIGNATED AS LAND USE  JUDGES  BY  THE
 CHIEF  ADMINISTRATOR  OF  THE  COURTS SHALL HEAR LAND USE APPEALS.  SUCH
 JUDGES SHALL BE SELECTED FROM A LIST OF QUALIFIED CANDIDATES AS  CREATED
 BY  THE  LAND  USE ADVISORY COUNCIL.  ONLY SUCH LAND USE JUDGES SHALL BE
 EMPOWERED TO ADJUDICATE LAND USE APPEALS PURSUANT TO THIS SECTION  ARIS-
 ING  ANYWHERE  IN  THE  STATE OF NEW YORK, REGARDLESS OF WHAT COUNTY THE
 JUDGE SERVES IN OVER THE COURSE OF THEIR NORMAL DUTIES.
   2. THERE SHALL BE ESTABLISHED A LAND USE ADVISORY  COUNCIL.    A.  THE
 LAND  USE  ADVISORY  COUNCIL  SHALL  BE  COMPOSED OF FIVE MEMBERS. THREE
 MEMBERS SHALL  BE  APPOINTED  BY  THE  GOVERNOR,  ONE  MEMBER  SHALL  BE
 APPOINTED  BY  THE  SPEAKER  OF  THE  ASSEMBLY,  AND ONE MEMBER SHALL BE
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE.  THE  MEMBERS  SHALL
 SERVE  FIVE YEAR TERMS, AND SHALL ONLY BE RELIEVED FOR CAUSE. ANY VACAN-
 CIES ON THE COUNCIL SHALL BE FILLED WITHIN A REASONABLE TIME  PERIOD  BY
 THE  OFFICIAL  WHO  APPOINTED  THE  MEMBER  WHOSE ABSENCE HAS CAUSED THE
 VACANCY.
   B. THE LAND USE ADVISORY COUNCIL SHALL MEET  AT  LEAST  FOUR  TIMES  A
 YEAR,  AND ON SUCH ADDITIONAL OCCASIONS AS THEY MAY REQUIRE OR AS MAY BE
 REQUIRED BY THE ADMINISTRATIVE JUDGE. MEMBERS SHALL RECEIVE  NO  COMPEN-
 SATION.
   C. THE LAND USE ADVISORY COUNCIL SHALL PUBLISH A LIST OF SUPREME COURT
 JUDGES  QUALIFIED TO HEAR LAND USE APPEALS BASED ON TRAINING, EXPERIENCE
 AND JUDICIAL TEMPERAMENT.
   3. APPEALS BEFORE A LAND USE JUDGE. A. BEGINNING ON JANUARY FIRST, TWO
 THOUSAND TWENTY-SEVEN, ANY APPLICANT  WHOSE  APPLICATION  RELATED  TO  A
 S. 4006--A                         57                         A. 3006--A
 
 QUALIFYING PROJECT IS DENIED BY A LEAD AGENCY EQUIVALENT MAY APPEAL SUCH
 DENIAL  BEFORE  A  LAND USE JUDGE DESIGNATED PURSUANT TO THIS SECTION IN
 SUPREME COURT. THE APPLICANT SHALL CHOOSE THE FORUM IN WHICH TO FILE THE
 APPEAL.
   B. IF AN APPEAL IS BROUGHT BEFORE SUCH LAND USE JUDGE AND THE DIVISION
 HAS  ALREADY DETERMINED THAT THE LOCALITY AT ISSUE IS IN SAFE HARBOR FOR
 THE APPLICABLE THREE-YEAR CYCLE, THEN THE APPEAL SHALL BE DENIED AND THE
 DETERMINATION BY THE LEAD AGENCY EQUIVALENT SHALL BE MAINTAINED.  IF  NO
 DETERMINATION  HAS  BEEN  MADE  AS  TO  WHETHER  THE LOCALITY IS IN SAFE
 HARBOR, SUCH LAND USE JUDGE SHALL DETERMINE AS A THRESHOLD ISSUE WHETHER
 SUCH LOCALITY IS IN SAFE HARBOR BASED ON THE THREE-YEAR CYCLE  THAT  WAS
 COMPLETED IMMEDIATELY PRIOR TO THE APPLICABLE THREE-YEAR CYCLE.
   C.  IF  A  LOCALITY  IS  FOUND TO NOT BE IN SAFE HARBOR, SUCH LAND USE
 JUDGE SHALL ISSUE A DETERMINATION AS TO WHETHER THE LEAD  AGENCY  EQUIV-
 ALENT PROPERLY DENIED THE APPLICATION AT ISSUE IN THE APPEAL PURSUANT TO
 THE REQUIREMENTS SET FORTH IN SECTION ONE THOUSAND FOUR OF THIS ARTICLE.
   D. IN ISSUING A DETERMINATION, SUCH LAND USE JUDGE MAY:
   (I)  REMAND  THE  PROCEEDING  TO THE LEAD AGENCY EQUIVALENT AND DIRECT
 SUCH LEAD AGENCY EQUIVALENT TO ISSUE A COMPREHENSIVE PERMIT OR  APPROVAL
 TO THE APPLICANT;
   (II) DENY THE APPEAL AND UPHOLD THE LEAD AGENCY EQUIVALENT'S DENIAL OF
 THE APPLICATION; OR
   (III)  REMAND  THE PROCEEDING TO THE LEAD AGENCY EQUIVALENT AND DIRECT
 SUCH LEAD AGENCY EQUIVALENT TO CONSIDER THE APPLICATION  AS  AMENDED  TO
 ADDRESS  ANY  LEGITIMATE  CONCERNS RAISED BY THE LEAD AGENCY EQUIVALENT.
 SUCH LAND USE JUDGE MAY REQUIRE THAT THE LEAD AGENCY EQUIVALENT CONSIDER
 ANY SUCH AMENDED APPLICATION ON AN EXPEDITED BASIS.
   E. IN CONSIDERING THE DENIAL OF AN APPLICATION, SUCH  LAND  USE  JUDGE
 MAY  ONLY  CONSIDER  THE REASONS FOR THE DENIAL GIVEN BY THE LEAD AGENCY
 EQUIVALENT AT THE TIME THE APPLICATION WAS DENIED.
   4. BURDEN OF PROOF BEFORE A COURT. A. (I) DURING A PROCEEDING BEFORE A
 LAND USE JUDGE DESIGNATED PURSUANT TO THIS SECTION, THE  LOCALITY  WHICH
 DENIED  THE  PERMIT FOR THE QUALIFYING PROJECT SHALL INITIALLY CARRY THE
 BURDEN  OF  PROOF  TO  DEMONSTRATE,  BASED  UPON  CLEAR  AND  CONVINCING
 EVIDENCE,  THAT THE PERMITS WERE PROPERLY DENIED PURSUANT TO ONE OR MORE
 OF THE REASONS SET FORTH IN SUBDIVISION THREE OF  SECTION  ONE  THOUSAND
 FOUR  OF  THIS ARTICLE, THAT THE LOCALITY IS IN SAFE HARBOR, OR THAT THE
 PROJECT AT ISSUE IS NOT A QUALIFYING PROJECT.
   (II) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE,  A  LOCALITY
 THAT  IS NOT IN SAFE HARBOR MAY RAISE AS AN AFFIRMATIVE DEFENSE THAT THE
 AMOUNT OF ELIGIBLE RESIDENTIAL DWELLING UNITS, AS WEIGHTED  PURSUANT  TO
 SUBDIVISION  THREE  OF  SECTION  ONE  THOUSAND  THREE  OF  THIS ARTICLE,
 CONSTRUCTED IN THE THREE-YEAR CYCLE DURING WHICH THE APPEAL  WAS  FILED,
 COMBINED   WITH  THE  AMOUNT  OF  ELIGIBLE  RESIDENTIAL  DWELLING  UNITS
 CONSTRUCTED IN THE THREE-YEAR CYCLE IMMEDIATELY PRECEDING THE  CYCLE  IN
 WHICH THE APPEAL WAS FILED, CONSTITUTE AN AMOUNT OF ELIGIBLE RESIDENTIAL
 DWELLING  UNITS  NEEDED  TO QUALIFY THE LOCALITY FOR SAFE HARBOR FOR THE
 THREE-YEAR CYCLE IN WHICH THE APPEAL WAS FILED. PROVIDED, FURTHER,  THAT
 ELIGIBLE  RESIDENTIAL  DWELLING  UNITS  SHALL  ONLY  BE CREDITED FOR ONE
 THREE-YEAR CYCLE, REGARDLESS OF WHEN SUCH DWELLING UNITS WERE  PERMITTED
 OR  BUILT.    SUCH  DEFENSE MUST BE DEMONSTRATED BY CLEAR AND CONVINCING
 EVIDENCE, AND MUST BE SUBSTANTIATED BY DOCUMENTATION SUCH  AS  TEMPORARY
 OR  FINAL  CERTIFICATES  OF  OCCUPANCY  FOR THE HOUSING. IF THE LOCALITY
 MEETS THE BURDEN SET FORTH  IN  THIS  PARAGRAPH,  UNLESS  THE  APPLICANT
 SUCCESSFULLY  REBUTS  THE  EVIDENCE OR REASONS FOR REJECTION PROVIDED BY
 THE LOCALITY PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION, SUCH  LOCALITY
 S. 4006--A                         58                         A. 3006--A
 
 SHALL BE DEEMED TO BE IN SAFE HARBOR FOR THE REMAINDER OF THE THREE-YEAR
 CYCLE  IN  EFFECT  AT  THE TIME THE APPEAL WAS FILED, EFFECTIVE THE DATE
 SUCH DETERMINATION IS MADE.
   B.  IF  THE LOCALITY MEETS THE BURDEN SET FORTH IN PARAGRAPH A OF THIS
 SUBDIVISION, THE APPLICANT SHALL BE GIVEN AN OPPORTUNITY  TO  REBUT  THE
 EVIDENCE AND REASONS FOR REJECTION PROVIDED BY THE LOCALITY.
   C.  IF THE DIVISION ISSUES A DETERMINATION AS TO WHETHER A LOCALITY IS
 IN SAFE HARBOR, SUCH LAND USE JUDGE SHALL TAKE NOTICE OF  SUCH  DETERMI-
 NATION. IF NO SUCH DETERMINATION HAS BEEN ISSUED BY THE DIVISION, EXCEPT
 AS  PROVIDED  IN  PARAGRAPH E OF SUBDIVISION ONE OF SECTION ONE THOUSAND
 FIVE OF THIS ARTICLE, SUCH LAND USE JUDGE MAY MAKE A DETERMINATION AS TO
 WHETHER A LOCALITY IS IN SAFE HARBOR, BASED ON THE THREE-YEAR CYCLE THAT
 WAS COMPLETED IMMEDIATELY PRIOR  TO  THE  APPLICABLE  THREE-YEAR  CYCLE,
 SOLELY  FOR THE PURPOSES OF ISSUING A DETERMINATION REGARDING THE APPLI-
 CATION THAT IS THE SUBJECT OF THE APPEAL BEING CONSIDERED.
   5. ANY FINAL ORDER ISSUED BY A LAND USE JUDGE DESIGNATED  PURSUANT  TO
 THIS  SECTION  SHALL  BE  APPEALED IN A MANNER CONSISTENT WITH THE CIVIL
 PRACTICE LAW AND RULES.
   6. THE CHIEF ADMINISTRATOR OF THE COURT  SHALL  PROMULGATE  RULES  AND
 REGULATIONS TO CARRY OUT THE MANDATE OF THIS SECTION.
   7.  COSTS  SHALL  NOT  BE ALLOWED AGAINST THE LOCAL GOVERNMENT AND THE
 OFFICER OR OFFICERS WHOSE FAILURE OR REFUSAL GAVE RISE  TO  THE  SPECIAL
 PROCEEDING,  UNLESS  IT SHALL APPEAR TO THE COURT THAT THE LOCAL GOVERN-
 MENT AND ITS OFFICERS ACTED WITH GROSS NEGLIGENCE OR  IN  BAD  FAITH  OR
 WITH MALICE.
   8.  EMPLOYEES AND AGENTS OF LOCALITIES MAY ONLY BE SUED IN THEIR OFFI-
 CIAL CAPACITY FOR NON-COMPLIANCE WITH THIS ARTICLE.
   § 3. Section 14 of the public housing law is amended by adding  a  new
 subdivision 8 to read as follows:
   8.  THE  DIVISION  SHALL HAVE THE AUTHORITY TO PROMULGATE REGULATIONS,
 RULES AND POLICIES RELATED TO LAND USE BY CITIES, TOWNS, AND VILLAGES AS
 IT RELATES TO THE DEVELOPMENT OF HOUSING, INCLUDING, BUT NOT LIMITED TO,
 THE ADMINISTRATION AND ENFORCEMENT OF  ARTICLE  TWENTY  OF  THE  GENERAL
 MUNICIPAL LAW, THE TRANSIT-ORIENTED DEVELOPMENT ACT OF 2023, AND SECTION
 TWENTY-A  OF  THE  PUBLIC  HOUSING LAW. SUCH ENFORCEMENT AUTHORITY SHALL
 INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE POWERS GRANTED BY SUBDIVISION
 ONE OF THIS SECTION, IN ADDITION TO THE STATUTES, RULES, REGULATION  AND
 OTHER  DOCUMENTS  REGARDING  THE  AUTHORITY  OF THE DIVISION, AND, WHERE
 APPLICABLE, THE POWER TO ISSUE ORDERS AND ADMINISTER FUNDING AND  GRANTS
 TO LOCALITIES TO ASSIST WITH LAND USE PLANNING.
   §  4. Severability. In the event it is determined by a court of compe-
 tent jurisdiction that any phrase, clause, part, subdivision,  paragraph
 or  subsection,  or any of the provisions of this article is unconstitu-
 tional or otherwise invalid or inoperative, such determination shall not
 affect the validity or effect of the remaining provisions of this  arti-
 cle.
   § 5. This act shall take effect immediately.
 
                                  PART G
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "transit-oriented development act of 2023".
   § 2. Legislative findings and statement of  purpose.  The  legislature
 hereby finds, determines and declares:
   New York State has a vital interest in reducing harmful greenhouse gas
 emissions. New York State further recognizes that encouraging and facil-
 S. 4006--A                         59                         A. 3006--A
 
 itating use of rail-based mass transit is a valuable method for reducing
 greenhouse  gas emissions. New York State further recognizes that creat-
 ing walkable living environments with a variety of housing options  near
 rail-based  mass  transit  not only advances the goal of encouraging the
 use of rail-based mass transit, but also  promotes  local  and  regional
 economic development.
   Housing  in  the  state of New York is among the most expensive in the
 nation and housing insecurity remains a problem for many low- and moder-
 ate-income families. The excessive cost of the state's housing supply is
 partially caused by a lack of housing near public transit access points.
 This lack of available housing  is  especially  pronounced  in  well-re-
 sourced  municipalities  and  neighborhoods  with access to jobs, educa-
 tional resources, and health infrastructure  that  engender  social  and
 economic mobility.
   Many  local  governments do not give adequate attention to or planning
 for the local and broader regional economic, environmental,  and  social
 costs  of  local policies and actions that have the effect of stagnating
 or reducing the supply of housing, including affordable  and  supportive
 housing, or how such policies and actions thereby produce threats to the
 public health, safety, and general welfare.
   Increasing  the  supply of housing in close proximity to rail stations
 is a matter of state concern and critical to promoting housing  afforda-
 bility,  reducing housing insecurity, driving economic growth, encourag-
 ing social and economic mobility,  and  actualizing  the  goals  of  the
 Climate Leadership and Community Protection Act.
   A  public  policy  purpose  would  be  served and the interests of the
 people of the state would be advanced by requiring  local  planning  and
 zoning  changes that will facilitate the production of multifamily hous-
 ing in areas near rail stations.
   § 3. The general city law is amended by adding a new section  20-h  to
 read as follows:
   §  20-H.  DENSITY  OF  RESIDENTIAL DWELLINGS NEAR TRANSIT STATIONS. 1.
 DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "AGGREGATE DENSITY REQUIREMENT" SHALL BE  DEFINED  AS  A  REQUIRED
 MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN-
 SIT-ORIENTED  DEVELOPMENT  ZONE,  PROVIDED THAT EXEMPT LAND SHALL NOT BE
 INCLUDED IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY  REQUIRE-
 MENT. PROVIDED FURTHER THAT:
   (I)  WITHIN  A  TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE;
   (II) WITHIN A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE;
   (III)  WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER  ACRE;
 AND
   (IV)  WITHIN  A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE.
   (B) "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE,  EXECUTIVE,
 OR  ADMINISTRATIVE CHANGE MADE TO A CITY'S LOCAL LAND USE TOOLS PURSUANT
 TO SUBDIVISION TWO OF THIS SECTION.
   (C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION  BROUGHT  ABOUT
 BY  ANY  SINGLE  FACTOR  OR COMBINATION OF FACTORS TO THE EXTENT THAT IT
 MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED  IN  BUILDING  A
 RESIDENTIAL  HOUSING  PROJECT  AND  STILL REALIZE A REASONABLE RETURN IN
 S. 4006--A                         60                         A. 3006--A
 
 BUILDING OR OPERATING SUCH HOUSING WITHOUT  SUBSTANTIALLY  CHANGING  THE
 RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER.
   (D)  "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES,
 MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS.
   (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN-
 TIFIED PURSUANT TO THE NEW YORK  STATE  OR  FEDERAL  INTERSTATE  HIGHWAY
 SYSTEM.
   (F)  "LEAD  AGENCY  EQUIVALENT" SHALL BE DEFINED AS ANY CITY OR COMMON
 COUNCIL OR OTHER LEGISLATIVE BODY OF THE CITY,  PLANNING  BOARD,  ZONING
 BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN-
 DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE,
 OR  ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A CITY
 WITH THE AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC  PROJECT  OR
 AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN.
   (G)  "LOCAL  LAND  USE  TOOLS"  SHALL BE ADOPTED OR ENACTED UNDER THIS
 CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL  OR  OTHER
 LAW  PERTAINING  TO  LAND USE, AND SHALL INCLUDE BUT NOT BE LIMITED TO A
 CITY'S:
   (I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
   (II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (III) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL  PERMIT
 ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
   (V)  SITE  PLAN  REVIEW  ORDINANCE,  LOCAL  LAWS, RESOLUTIONS OR REGU-
 LATIONS; AND/OR
   (VI) POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING,  OR  OTHER  LAND
 USE  REGULATORY  TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE
 AND OCCUPANCY OF LAND, THE AREA AND  DIMENSIONAL  REQUIREMENTS  FOR  THE
 DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT.
   (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS:
   (I)  ANY  LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED AS AUTHORIZED
 BY LAW OR DEPICTED ON ANOTHER  MAP  ADOPTED  OR  ENACTED  BY  THE  LOCAL
 GOVERNING  BOARD  AS  A PUBLICLY ACCESSIBLE SPACE DESIGNATED FOR PARK OR
 RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR
   (II) ANY PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK  OR  RECRE-
 ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   (I)  "NON-BUILDABLE  LAND" SHALL BE DEFINED AS ANY LAND THAT CANNOT BE
 BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED
 TO MAKE SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT  NOT  LIMITED
 TO  RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS, COAS-
 TAL EROSION HAZARD AREAS, ONE-HUNDRED-YEAR FLOOD  PLAIN,  AND  PROTECTED
 FORESTS.  NO  LAND  THAT HAS PREVIOUSLY HAD A BUILDING OR OTHER IMPROVE-
 MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL
 BE CONSIDERED NON-BUILDABLE LAND.
   (J) "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS  THAT  INVOLVE
 NO  PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND
 ARE UNIFORMLY VERIFIABLE  BY  REFERENCE  TO  A  PUBLICLY  AVAILABLE  AND
 UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL-
 OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF
 A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS.
   (K)  "PROJECT  SPECIFIC  REVIEW"  SHALL  BE  DEFINED  AS ANY REVIEW OR
 APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A  PROPOSED  DEVELOP-
 MENT  OR  AN  APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING,
 BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE  PLAN  REVIEW
 OR SUBDIVISION REVIEW.
 S. 4006--A                         61                         A. 3006--A
 
   (L)  "QUALIFYING  PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT
 CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL  BE  LOCATED
 WITHIN  A  TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED
 TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS.
   (M)  "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS,
 STRUCTURES, LANDMARKS, OR BUILDINGS LISTED  ON  THE  STATE  REGISTER  OF
 HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION.
   (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC-
 TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS
 THE  HOME,  RESIDENCE  OR  SLEEPING  PLACE  OF ONE OR MORE HUMAN BEINGS,
 HOWEVER THE TERM DOES NOT INCLUDE ANY  CLASS  B  MULTIPLE  DWELLINGS  AS
 DEFINED  IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS
 INTENDED TO BE USED ON A SEASONAL BASIS.
   (O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A  TRANSIT-
 ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS
 OF THE EFFECTIVE DATE OF THIS SECTION.
   (P)  "TRANSIT-ORIENTED  DEVELOPMENT  REVIEW PROCESS" IS THE PROCESS BY
 WHICH ALL PROJECT SPECIFIC REVIEWS  IN  A  TRANSIT-ORIENTED  DEVELOPMENT
 ZONE  AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION
 SHALL BE REVIEWED, WHICH SHALL:
   (I) BE COMPLETED WITH APPROVAL OR DENIAL  DELIVERED  TO  THE  APPLYING
 PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED;
 AND
   (II) BE LIMITED TO A REVIEW OF THE FOLLOWING:
   (A)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
   (B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE  ADEQUATE  UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   (C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
 IC  REVIEW  MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC-
 TIVE STANDARDS ARE PUBLISHED,  NO  TRANSIT-ORIENTED  DEVELOPMENT  REVIEW
 PROCESS  MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC
 REQUIREMENTS SHALL INCREASE THE COST OF A  QUALIFYING  PROJECT  TO  MAKE
 SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE.
   ALL  PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED
 DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW
 REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
 LAW AND ANY RULES AND REGULATIONS PROMULGATED  THERETO,  AND  ANY  LOCAL
 EQUIVALENT  LAW,  REGULATION  OR RULE, INCLUDING, BUT NOT LIMITED TO, IN
 THE CITY OF  NEW  YORK,  CITY  ENVIRONMENTAL  QUALITY  REVIEW.  PROVIDED
 FURTHER THAT NOTHING SET FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO
 OVERRIDE OR OTHERWISE WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR
 FEDERAL LAWS OR REGULATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN.
   (Q)  "TIER  1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED  EITHER  WITHIN  A  CITY  WITH  A POPULATION OF GREATER THAN ONE
 MILLION PEOPLE, OR NO MORE THAN FIFTEEN MILES FROM THE NEAREST BORDER OF
 A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED
 ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
   (R) "TIER 2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS  ANY  RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 S. 4006--A                         62                         A. 3006--A
 
 NOT  OPERATED  ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
 ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND  RAIL-
 ROAD,  THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY, THE NEW JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST
 BORDER  OF  A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE,
 AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER  TO  SUCH
 RAIL STATION.
   (S)  "TIER  3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED  MORE  THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST
 BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE  MILLION  PEOPLE,
 AS  MEASURED  ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
 RAIL STATION.
   (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS  ANY  RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT  OPERATED  ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
 ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND  RAIL-
 ROAD,  THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY, THE NEW JERSEY
 TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE  METRO-
 POLITAN  TRANSPORTATION  AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS
 LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY  WITH  A
 POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT
 LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
   (U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  1  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE  RADIUS  OF
 ANY  PUBLICLY  ACCESSIBLE  AREAS OF A TIER 2 QUALIFYING TRANSIT STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES  AND  EXITS,
 AND  PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
 ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE  APPURTENANT  TO
 SUCH  TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
 SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF  THIS
 SECTION.  PROVIDED  FURTHER  THAT  ANY TIER 2 QUALIFYING TRANSIT STATION
 SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED  DEVELOP-
 MENT ZONE.
   (W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 S. 4006--A                         63                         A. 3006--A

 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND  PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
 ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE  APPURTENANT  TO
 SUCH  TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
 SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF  THIS
 SECTION.  PROVIDED  FURTHER  THAT  ANY TIER 3 QUALIFYING TRANSIT STATION
 SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED  DEVELOP-
 MENT ZONE.
   (X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  4  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1 TRANS-
 IT ORIENTED DEVELOPMENT ZONE,  A  TIER  2  TRANSIT-ORIENTED  DEVELOPMENT
 ZONE,  A  TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER 4 TRANSIT-
 ORIENTED DEVELOPMENT ZONE, AS APPLICABLE.
   2. AMENDMENT TO LOCAL LAND USE TOOLS. (A)  A  CITY'S  LOCAL  LAND  USE
 TOOLS  SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY REQUIRE-
 MENT ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE  EFFEC-
 TIVE  DATE  OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY REQUIREMENT IS
 PERMITTED PURSUANT TO A CITY'S LOCAL LAND USE  TOOLS  WITHOUT  REQUIRING
 ANY AMENDMENT.
   (B)  ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION SHALL BE EXEMPT FROM ANY  REVIEW  REQUIRED  PURSUANT  TO  ARTICLE
 EIGHT  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW AND ANY RULES AND REGU-
 LATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT  LAW,  REGULATION,
 OR  RULE,  INCLUDING,  BUT NOT LIMITED TO, IN THE CITY OF NEW YORK, CITY
 ENVIRONMENTAL QUALITY REVIEW, PROVIDED FURTHER THAT ANY AMENDMENT TO THE
 PERMISSIBLE USE OF NON-BUILDABLE LAND SHALL BE SUBJECT TO  SUCH  REVIEW,
 AS APPLICABLE.
   (C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION  SHALL  CREATE  OR  OTHERWISE  IMPOSE ANY UNREASONABLE LAWS, RULES,
 REGULATIONS, GUIDELINES OR RESTRICTIONS  THAT  EFFECTIVELY  PREVENT  THE
 CONSTRUCTION  OR  OCCUPATION  OF QUALIFYING PROJECTS, INCLUDING, BUT NOT
 LIMITED  TO,  ANY  SUCH  LAWS,   RULES,   REGULATIONS,   GUIDELINES   OR
 RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR
 AREA RATIOS, OR PARKING REQUIREMENTS.
   (D)  PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL  SET
 FORTH IN WRITING AND PUBLISH:
   (I)  A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT-
 ORIENTED DEVELOPMENT ZONE;
   (II) A DESCRIPTION OF THE LAND  THAT  IS  EXEMPT  FROM  THE  AGGREGATE
 DENSITY REQUIREMENT;
   (III)  A  DESCRIPTION  OF  ANY  EXEMPT  LAND  THAT  WOULD OTHERWISE BE
 INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE;
 S. 4006--A                         64                         A. 3006--A
 
   (IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND  USES  WITHIN  THE
 APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT;
   (V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH-
 IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND-
 MENT;
   (VI)  THE  ALLOWABLE  AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
 DENSITY WITHIN THE  APPLICABLE  TRANSIT-ORIENTED  DEVELOPMENT  ZONE,  OF
 RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT;
   (VII)  THE  ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
 DENSITY WITHIN THE  APPLICABLE  TRANSIT-ORIENTED  DEVELOPMENT  ZONE,  OF
 RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT;
   (VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT-
 MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN-
 TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT;
   (IX)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
 SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY
 CONTEMPLATED BY THE AMENDMENT;
   (X) THE EXISTENCE OF SITES CONTAINING  OR  CONTAMINATED  BY  HAZARDOUS
 WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT;
   (XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM-
 PLATED BY THE AMENDMENT; AND
   (XII)  A  SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR  FLOOD
 PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET.
   (E)  IN THE EVENT THAT A CITY FAILS TO FINALIZE THE AMENDMENT PURSUANT
 TO AND WITHIN THE REQUIRED TIME SET  FORTH  IN  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  AND  UNTIL SUCH TIME AS A CITY COMPREHENSIVELY UPDATES ITS
 LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL,
 OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY:
   (I)  ALL  CITIES SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESI-
 DENTIAL DWELLINGS WITH A DENSITY UP  TO  AND  INCLUDING  THE  APPLICABLE
 AGGREGATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE;
   (II)  NO  CITY  SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE
 CONSTRUCTION OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING,  BUT
 NOT  LIMITED  TO,  ANY  SUCH  RESTRICTIONS RELATED TO LOT COVERAGE, OPEN
 SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND
   (III) A PROJECT FOR RESIDENTIAL DWELLINGS, WHICH  WOULD  OTHERWISE  BE
 CLASSIFIED AS A QUALIFYING PROJECT IF A CITY TIMELY ADOPTED AN AMENDMENT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED BY A
 CITY  OR  LEAD AGENCY EQUIVALENT PURSUANT TO A TRANSIT-ORIENTED DEVELOP-
 MENT REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE  VESTED
 UPON  THE  ISSUANCE  OF  A  BUILDING  PERMIT IN THE EVENT A SUBSEQUENTLY
 ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS ARE  CONTRARY  TO
 THE  RIGHTS  GRANTED  FOR  SUCH  PROJECT. SUCH VESTED RIGHTS SHALL EXIST
 WITHOUT THE NEED  FOR  THE  PERMIT  HOLDER  TO  DEMONSTRATE  SUBSTANTIAL
 EXPENDITURE  AND  SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT
 PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE  LAND
 USE TOOLS.
   3.  TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT
 A CITY FAILS TO FINALIZE  THE  AMENDMENT  PURSUANT  TO  AND  WITHIN  THE
 REQUIRED  TIME  SET  FORTH  IN  PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
 SECTION, AND UNTIL SUCH TIME AS A CITY COMPREHENSIVELY UPDATES ITS LOCAL
 LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF  SUBDIVISION  TWO  OF
 THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFY-
 S. 4006--A                         65                         A. 3006--A
 
 ING  PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVELOP-
 MENT REVIEW PROCESS.
   (B)  AFTER  THE  FINALIZATION  OF THE AMENDMENT UNDERTAKEN PURSUANT TO
 PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY  PROJECT  SPECIFIC
 REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSU-
 ANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS.
   4.  ENFORCEMENT. (A) (I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK
 MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO  COMPEL
 A CITY TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE REQUIRE-
 MENTS  SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE CITY FAILS TO
 DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN.
   (II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF
 THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD
 AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT  PURSUANT  TO  PARAGRAPH
 (B) OF SUBDIVISION THREE OF THIS SECTION.
   (B)  (I)  UPON  A  FAILURE  OF A CITY TO COMPLY WITH THE DEADLINES SET
 FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY  EQUIVALENT'S
 DENIAL  OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT
 IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION,  ANY
 PARTY  AGGRIEVED  BY  ANY  SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL
 PROCEEDING AGAINST THE SUBJECT CITY OR LEAD AGENCY  EQUIVALENT  AND  THE
 OFFICERS  OF  SUCH  CITY AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT
 WITHIN THE JUDICIAL DISTRICT IN WHICH THE CITY OR THE GREATER PORTION OF
 THE TERRITORY OF SUCH CITY IS LOCATED  TO  COMPEL  COMPLIANCE  WITH  THE
 PROVISIONS OF THIS SECTION.
   (II)  IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE
 COURT THAT TESTIMONY IS NECESSARY FOR  THE  PROPER  DISPOSITION  OF  THE
 MATTER,  THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.  ALTERNA-
 TIVELY, THE COURT MAY APPOINT A  HEARING  OFFICER  PURSUANT  TO  ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT  MAY  DIRECT  AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI-
 CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE  A
 PART  OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL
 BE MADE.
   (III) THE CITY OR LEAD AGENCY EQUIVALENT MUST SET  FORTH  THE  REASONS
 FOR  THE  DENIAL  OF  THE  APPLICATION AND MUST DEMONSTRATE BY CLEAR AND
 CONVINCING EVIDENCE THAT THE CITY OR LEAD AGENCY EQUIVALENT  DENIED  THE
 APPLICATION  DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT TO
 THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS THAT COMPLIES  WITH  THE
 REQUIREMENTS  OF  THIS  SECTION.  IF  THE CITY OR LEAD AGENCY EQUIVALENT
 MEETS SUCH BURDEN, THE APPLICANT  SHALL  BE  GIVEN  THE  OPPORTUNITY  TO
 DEMONSTRATE  THAT  THE CONCERNS RAISED BY THE CITY OR LEAD AGENCY EQUIV-
 ALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR MITIGATED
 BY CHANGES TO THE QUALIFYING PROJECT.
   (IV) THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY  MODIFY
 THE  DECISION  BROUGHT  UP  FOR REVIEW. THE COURT MAY ALSO REMAND TO THE
 CITY OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN  APPLI-
 CATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUDING ON
 AN EXPEDITED BASIS.
   (V)  COSTS  SHALL  NOT BE ALLOWED AGAINST THE CITY, LEAD AGENCY EQUIV-
 ALENT, AND THE OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL
 PROCEEDING, UNLESS IT SHALL APPEAR TO THE  COURT  THAT  THE  CITY,  LEAD
 AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS NEGLI-
 GENCE, IN BAD FAITH, OR WITH MALICE.
   §  4. The town law is amended by adding a new section 261-d to read as
 follows:
 S. 4006--A                         66                         A. 3006--A
 
   § 261-D. DENSITY OF RESIDENTIAL DWELLINGS NEAR  TRANSIT  STATIONS.  1.
 DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "AGGREGATE  DENSITY  REQUIREMENT"  SHALL BE DEFINED AS A REQUIRED
 MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND  SHALL  NOT  BE
 INCLUDED  IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE-
 MENT. PROVIDED FURTHER THAT:
   (I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT  ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE;
   (II)  WITHIN  A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE;
   (III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE  REQUIRED
 MINIMUM  AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE;
 AND
   (IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE.
   (B)  "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE,
 OR ADMINISTRATIVE CHANGE MADE TO A TOWN'S LOCAL LAND USE TOOLS  PURSUANT
 TO SUBDIVISION TWO OF THIS SECTION.
   (C)  "ECONOMICALLY  INFEASIBLE" SHALL MEAN ANY CONDITION BROUGHT ABOUT
 BY ANY SINGLE FACTOR OR COMBINATION OF FACTORS TO  THE  EXTENT  THAT  IT
 MAKES  IT  SUBSTANTIALLY  UNLIKELY FOR AN OWNER TO PROCEED IN BUILDING A
 RESIDENTIAL HOUSING PROJECT AND STILL REALIZE  A  REASONABLE  RETURN  IN
 BUILDING  OR  OPERATING  SUCH HOUSING WITHOUT SUBSTANTIALLY CHANGING THE
 RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER.
   (D) "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND,  CEMETERIES,
 MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS.
   (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN-
 TIFIED  PURSUANT  TO  THE  NEW  YORK STATE OR FEDERAL INTERSTATE HIGHWAY
 SYSTEM.
   (F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY  TOWN  OR  COMMON
 COUNCIL  OR  OTHER  LEGISLATIVE BODY OF THE TOWN, PLANNING BOARD, ZONING
 BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN-
 DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE,
 OR ANY OTHER AGENCY, DEPARTMENT, BOARD, BODY, OR OTHER ENTITY IN A  TOWN
 WITH  THE  AUTHORITY TO APPROVE OR DISAPPROVE OF ANY SPECIFIC PROJECT OR
 AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN.
   (G) "LOCAL LAND USE TOOLS" SHALL BE  ADOPTED  OR  ENACTED  UNDER  THIS
 CHAPTER,  THE  MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL OR OTHER
 LAW PERTAINING TO LAND USE, AND SHALL INCLUDE BUT NOT BE  LIMITED  TO  A
 TOWN'S:
   (I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
   (II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (III)  SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL PERMIT
 ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (V) SITE PLAN REVIEW  ORDINANCE,  LOCAL  LAWS,  RESOLUTIONS  OR  REGU-
 LATIONS; AND/OR
   (VI)  POLICIES  OR  PROCEDURES, OR ANY PLANNING, ZONING, OR OTHER LAND
 USE REGULATORY TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR  THE  USE
 AND  OCCUPANCY  OF  LAND,  THE AREA AND DIMENSIONAL REQUIREMENTS FOR THE
 DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT.
   (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS:
   (I) ANY LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED  AS  AUTHORIZED
 BY  LAW  OR  DEPICTED  ON  ANOTHER  MAP  ADOPTED OR ENACTED BY THE LOCAL
 S. 4006--A                         67                         A. 3006--A
 
 GOVERNING BOARD AS A PUBLICLY ACCESSIBLE SPACE DESIGNATED  FOR  PARK  OR
 RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR
   (II)  ANY  PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE-
 ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   (I) "NON-BUILDABLE LAND" SHALL BE DEFINED AS ANY LAND THAT  CANNOT  BE
 BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED
 TO  MAKE  SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT NOT LIMITED
 TO RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS,  COAS-
 TAL  EROSION  HAZARD  AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN, AND PROTECTED
 FORESTS. NO LAND THAT HAS PREVIOUSLY HAD A BUILDING  OR  OTHER  IMPROVE-
 MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL
 BE CONSIDERED NON-BUILDABLE LAND.
   (J)  "OBJECTIVE  STANDARDS" SHALL BE DEFINED AS STANDARDS THAT INVOLVE
 NO PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE  AND
 ARE  UNIFORMLY  VERIFIABLE  BY  REFERENCE  TO  A  PUBLICLY AVAILABLE AND
 UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL-
 OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF
 A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS.
   (K) "PROJECT SPECIFIC REVIEW"  SHALL  BE  DEFINED  AS  ANY  REVIEW  OR
 APPROVAL  PROCESS  RELATED TO A SPECIFIC SITE, OR TO A PROPOSED DEVELOP-
 MENT OR AN APPLICATION, REGARDLESS OF THE NUMBER  OF  SITES,  INCLUDING,
 BUT  NOT  LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE PLAN REVIEW
 OR SUBDIVISION REVIEW.
   (L) "QUALIFYING PROJECT" SHALL BE DEFINED AS A PROPOSED  PROJECT  THAT
 CONSISTS  PRIMARILY  OF RESIDENTIAL DWELLINGS THAT IS OR WILL BE LOCATED
 WITHIN A TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL  BE  CONNECTED
 TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS.
   (M)  "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES, DISTRICTS,
 STRUCTURES, LANDMARKS, OR BUILDINGS LISTED  ON  THE  STATE  REGISTER  OF
 HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION.
   (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC-
 TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS
 THE  HOME,  RESIDENCE  OR  SLEEPING  PLACE  OF ONE OR MORE HUMAN BEINGS,
 HOWEVER THE TERM DOES NOT INCLUDE ANY  CLASS  B  MULTIPLE  DWELLINGS  AS
 DEFINED  IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT IS
 INTENDED TO BE USED ON A SEASONAL BASIS.
   (O) "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A  TRANSIT-
 ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS
 OF THE EFFECTIVE DATE OF THIS SECTION.
   (P)  "TRANSIT-ORIENTED  DEVELOPMENT  REVIEW PROCESS" IS THE PROCESS BY
 WHICH ALL PROJECT SPECIFIC REVIEWS  IN  A  TRANSIT-ORIENTED  DEVELOPMENT
 ZONE  AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION
 SHALL BE REVIEWED, WHICH SHALL:
   (I) BE COMPLETED WITH APPROVAL OR DENIAL  DELIVERED  TO  THE  APPLYING
 PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED;
 AND
   (II) BE LIMITED TO A REVIEW OF THE FOLLOWING:
   (A)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
   (B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE  ADEQUATE  UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   (C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
 IC  REVIEW  MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC-
 TIVE STANDARDS ARE PUBLISHED,  NO  TRANSIT-ORIENTED  DEVELOPMENT  REVIEW
 PROCESS  MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC
 S. 4006--A                         68                         A. 3006--A
 
 REQUIREMENTS SHALL INCREASE THE COST OF A  QUALIFYING  PROJECT  TO  MAKE
 SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE.
   ALL  PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED
 DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW
 REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
 LAW AND ANY RULES AND REGULATIONS PROMULGATED  THERETO,  AND  ANY  LOCAL
 EQUIVALENT  LAW,  REGULATION  OR RULE. PROVIDED FURTHER THAT NOTHING SET
 FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO  OVERRIDE  OR  OTHERWISE
 WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU-
 LATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN.
   (Q)  "TIER  1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED  NO  MORE  THAN  FIFTEEN MILES FROM THE NEAREST BORDER OF A CITY
 WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED  ON  A
 STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
   (R)  "TIER  2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST
 BORDER  OF  A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE,
 AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER  TO  SUCH
 RAIL STATION.
   (S)  "TIER  3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED  MORE  THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST
 BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE  MILLION  PEOPLE,
 AS  MEASURED  ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
 RAIL STATION.
   (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS  ANY  RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT  OPERATED  ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
 ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND  RAIL-
 ROAD,  THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY, THE NEW JERSEY
 TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE  METRO-
 POLITAN  TRANSPORTATION  AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS
 LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY  WITH  A
 POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT
 LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
   (U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 S. 4006--A                         69                         A. 3006--A
 
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH  TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
 SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF  THIS
 SECTION.  PROVIDED  FURTHER  THAT  ANY TIER 1 QUALIFYING TRANSIT STATION
 SHALL BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED  DEVELOP-
 MENT ZONE.
   (V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 2  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  2  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE  RADIUS  OF
 ANY  PUBLICLY  ACCESSIBLE  AREAS OF A TIER 3 QUALIFYING TRANSIT STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES  AND  EXITS,
 AND  PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
 ERS OF SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE  APPURTENANT  TO
 SUCH  TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
 SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF  THIS
 SECTION.  PROVIDED  FURTHER  THAT  ANY TIER 3 QUALIFYING TRANSIT STATION
 SHALL BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED  DEVELOP-
 MENT ZONE.
   (X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 4  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  4  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1  TRAN-
 SIT-ORIENTED  DEVELOPMENT  ZONE,  A  TIER 2 TRANSIT-ORIENTED DEVELOPMENT
 ZONE, A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER  4  TRANSIT-
 ORIENTED DEVELOPMENT ZONE, AS APPLICABLE.
   2.  AMENDMENT  TO  LOCAL  LAND  USE TOOLS. (A) A TOWN'S LOCAL LAND USE
 TOOLS SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY  REQUIRE-
 MENT  ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE EFFEC-
 TIVE DATE OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY  REQUIREMENT  IS
 PERMITTED  PURSUANT  TO  A TOWN'S LOCAL LAND USE TOOLS WITHOUT REQUIRING
 ANY AMENDMENT.
   (B) ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS  SUBDI-
 VISION  SHALL  BE  EXEMPT  FROM  ANY REVIEW REQUIRED PURSUANT TO ARTICLE
 S. 4006--A                         70                         A. 3006--A
 
 EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW  AND  ANY  RULES  AND  REGU-
 LATIONS  PROMULGATED  THERETO, AND ANY LOCAL EQUIVALENT LAW, REGULATION,
 OR RULE, PROVIDED FURTHER THAT ANY AMENDMENT TO THE PERMISSIBLE  USE  OF
 NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW, AS APPLICABLE.
   (C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION  SHALL  CREATE  OR  OTHERWISE  IMPOSE ANY UNREASONABLE LAWS, RULES,
 REGULATIONS, GUIDELINES OR RESTRICTIONS  THAT  EFFECTIVELY  PREVENT  THE
 CONSTRUCTION  OR  OCCUPATION  OF QUALIFYING PROJECTS, INCLUDING, BUT NOT
 LIMITED  TO,  ANY  SUCH  LAWS,   RULES,   REGULATIONS,   GUIDELINES   OR
 RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR
 AREA RATIOS, OR PARKING REQUIREMENTS.
   (D)  PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL  SET
 FORTH IN WRITING AND PUBLISH:
   (I)  A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE TRANSIT-
 ORIENTED DEVELOPMENT ZONE;
   (II) A DESCRIPTION OF THE LAND  THAT  IS  EXEMPT  FROM  THE  AGGREGATE
 DENSITY REQUIREMENT;
   (III)  A  DESCRIPTION  OF  ANY  EXEMPT  LAND  THAT  WOULD OTHERWISE BE
 INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE;
   (IV) A SPECIFIC DESCRIPTION OF THE PERMISSIBLE LAND  USES  WITHIN  THE
 APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT;
   (V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH-
 IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND-
 MENT;
   (VI)  THE  ALLOWABLE  AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
 DENSITY WITHIN THE  APPLICABLE  TRANSIT-ORIENTED  DEVELOPMENT  ZONE,  OF
 RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT;
   (VII)  THE  ALLOWABLE AGGREGATE DENSITY, MEANING THE AVERAGE ALLOWABLE
 DENSITY WITHIN THE  APPLICABLE  TRANSIT-ORIENTED  DEVELOPMENT  ZONE,  OF
 RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT;
   (VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT-
 MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN-
 TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT;
   (IX)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
 SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY
 CONTEMPLATED BY THE AMENDMENT;
   (X) THE EXISTENCE OF SITES CONTAINING  OR  CONTAMINATED  BY  HAZARDOUS
 WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT;
   (XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM-
 PLATED BY THE AMENDMENT; AND
   (XII)  A  SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR  FLOOD
 PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET.
   (E)  IN THE EVENT THAT A TOWN FAILS TO FINALIZE THE AMENDMENT PURSUANT
 TO AND WITHIN THE REQUIRED TIME SET  FORTH  IN  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  AND  UNTIL SUCH TIME AS A TOWN COMPREHENSIVELY UPDATES ITS
 LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, LOCAL,
 OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY:
   (I) ALL TOWNS SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESIDEN-
 TIAL  DWELLINGS WITH A DENSITY UP TO AND INCLUDING THE APPLICABLE AGGRE-
 GATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE;
   (II) NO TOWN SHALL IMPOSE RESTRICTIONS THAT  EFFECTIVELY  PREVENT  THE
 CONSTRUCTION  OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT
 S. 4006--A                         71                         A. 3006--A
 
 NOT LIMITED TO, ANY SUCH RESTRICTIONS  RELATED  TO  LOT  COVERAGE,  OPEN
 SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND
   (III)  A  PROJECT  FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE
 CLASSIFIED AS A QUALIFYING PROJECT IF A TOWN TIMELY ADOPTED AN AMENDMENT
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED BY A
 TOWN OR LEAD AGENCY EQUIVALENT PURSUANT TO A  TRANSIT-ORIENTED  DEVELOP-
 MENT  REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE VESTED
 UPON THE ISSUANCE OF A BUILDING  PERMIT  IN  THE  EVENT  A  SUBSEQUENTLY
 ENACTED  AMENDMENT  OR ANY UPDATES TO THE LAND USE TOOLS ARE CONTRARY TO
 THE RIGHTS GRANTED FOR SUCH PROJECT.  SUCH  VESTED  RIGHTS  SHALL  EXIST
 WITHOUT  THE  NEED  FOR  THE  PERMIT  HOLDER  TO DEMONSTRATE SUBSTANTIAL
 EXPENDITURE AND SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH  THE  PERMIT
 PRIOR  TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE LAND
 USE TOOLS.
   3. TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT  THAT
 A  TOWN  FAILS  TO  FINALIZE  THE  AMENDMENT  PURSUANT TO AND WITHIN THE
 REQUIRED TIME SET FORTH IN PARAGRAPH (A)  OF  SUBDIVISION  TWO  OF  THIS
 SECTION, AND UNTIL SUCH TIME AS A TOWN COMPREHENSIVELY UPDATES ITS LOCAL
 LAND  USE  TOOLS  IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF
 THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUALIFY-
 ING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED  DEVELOP-
 MENT REVIEW PROCESS.
   (B)  AFTER  THE  FINALIZATION  OF THE AMENDMENT UNDERTAKEN PURSUANT TO
 PARAGRAPH (A) OF SUBDIVISION TWO, ANY PROJECT SPECIFIC REVIEW RELATED TO
 A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSUANT  TO  THE  TRAN-
 SIT-ORIENTED DEVELOPMENT REVIEW PROCESS.
   4.  ENFORCEMENT.  (A)(I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK
 MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO  COMPEL
 A TOWN TO AMEND ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH THE REQUIRE-
 MENTS  SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE TOWN FAILS TO
 DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN.
   (II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF
 THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD
 AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT  PURSUANT  TO  PARAGRAPH
 (B) OF SUBDIVISION THREE OF THIS SECTION.
   (B)  (I)  UPON  A  FAILURE  OF A TOWN TO COMPLY WITH THE DEADLINES SET
 FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY  EQUIVALENT'S
 DENIAL  OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT
 IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION,  ANY
 PARTY  AGGRIEVED  BY  ANY  SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL
 PROCEEDING AGAINST THE SUBJECT TOWN OR LEAD AGENCY  EQUIVALENT  AND  THE
 OFFICERS  OF  SUCH  TOWN AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT
 WITHIN THE JUDICIAL DISTRICT IN WHICH THE TOWN OR THE GREATER PORTION OF
 THE TERRITORY OF SUCH TOWN IS LOCATED  TO  COMPEL  COMPLIANCE  WITH  THE
 PROVISIONS OF THIS SECTION.
   (II)  IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE
 COURT THAT TESTIMONY IS NECESSARY FOR  THE  PROPER  DISPOSITION  OF  THE
 MATTER,  THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.  ALTERNA-
 TIVELY, THE COURT MAY APPOINT A  HEARING  OFFICER  PURSUANT  TO  ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT  MAY  DIRECT  AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI-
 CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE  A
 PART  OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL
 BE MADE.
   (III) THE TOWN OR LEAD AGENCY EQUIVALENT MUST SET  FORTH  THE  REASONS
 FOR  THE  DENIAL  OF  THE  APPLICATION AND MUST DEMONSTRATE BY CLEAR AND
 S. 4006--A                         72                         A. 3006--A

 CONVINCING EVIDENCE THAT THE TOWN OR LEAD AGENCY EQUIVALENT  DENIED  THE
 APPLICATION  DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT TO
 THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS THAT COMPLIES  WITH  THE
 REQUIREMENTS  OF  THIS  SECTION.  IF  THE TOWN OR LEAD AGENCY EQUIVALENT
 MEETS SUCH BURDEN, THE APPLICANT  SHALL  BE  GIVEN  THE  OPPORTUNITY  TO
 DEMONSTRATE  THAT  THE CONCERNS RAISED BY THE TOWN OR LEAD AGENCY EQUIV-
 ALENT ARE PRETEXTUAL OR THAT SUCH CONCERNS CAN BE ADDRESSED OR MITIGATED
 BY CHANGES TO THE QUALIFYING PROJECT.
   (IV) THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY  MODIFY
 THE  DECISION  BROUGHT  UP  FOR REVIEW. THE COURT MAY ALSO REMAND TO THE
 TOWN OR LEAD AGENCY EQUIVALENT TO PROCESS OR FURTHER CONSIDER AN  APPLI-
 CATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUDING ON
 AN EXPEDITED BASIS.
   (V)  COSTS  SHALL  NOT BE ALLOWED AGAINST THE TOWN, LEAD AGENCY EQUIV-
 ALENT, AND THE OFFICERS WHOSE  FAILURE  OR  REFUSAL  GAVE  RISE  TO  THE
 SPECIAL  PROCEEDING,  UNLESS IT SHALL APPEAR TO THE COURT THAT THE TOWN,
 LEAD AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED  WITH  GROSS
 NEGLIGENCE, IN BAD FAITH, OR WITH MALICE.
   §  5.  The  village  law is amended by adding a new section 7-700-a to
 read as follows:
   § 7-700-A DENSITY OF RESIDENTIAL DWELLINGS NEAR TRANSIT  STATIONS.  1.
 DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "AGGREGATE  DENSITY  REQUIREMENT"  SHALL BE DEFINED AS A REQUIRED
 MINIMUM AVERAGE DENSITY OF RESIDENTIAL DWELLINGS PER ACRE ACROSS A TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE, PROVIDED THAT EXEMPT LAND  SHALL  NOT  BE
 INCLUDED  IN THE CALCULATION TO DETERMINE THE AGGREGATE DENSITY REQUIRE-
 MENT. PROVIDED FURTHER THAT:
   (I) WITHIN A TIER 1 TRANSIT-ORIENTED DEVELOPMENT  ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE;
   (II)  WITHIN  A TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE;
   (III) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE  REQUIRED
 MINIMUM  AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE;
 AND
   (IV) WITHIN A TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE.
   (B)  "AMENDMENT" SHALL BE DEFINED AS ANY LOCAL LEGISLATIVE, EXECUTIVE,
 OR ADMINISTRATIVE CHANGE MADE TO A VILLAGE'S LOCAL LAND USE TOOLS PURSU-
 ANT TO SUBDIVISION TWO OF THIS SECTION.
   (C) "ECONOMICALLY INFEASIBLE" SHALL MEAN ANY CONDITION  BROUGHT  ABOUT
 BY  ANY  SINGLE  FACTOR  OR COMBINATION OF FACTORS TO THE EXTENT THAT IT
 MAKES IT SUBSTANTIALLY UNLIKELY FOR AN OWNER TO PROCEED  IN  BUILDING  A
 RESIDENTIAL  HOUSING  PROJECT  AND  STILL REALIZE A REASONABLE RETURN IN
 BUILDING OR OPERATING SUCH HOUSING WITHOUT  SUBSTANTIALLY  CHANGING  THE
 RENT LEVELS, UNIT SIZES, OR UNIT COUNTS PROPOSED BY THE OWNER.
   (D)  "EXEMPT LAND" SHALL BE DEFINED AS NON-BUILDABLE LAND, CEMETERIES,
 MAPPED OR DEDICATED PARKS, REGISTERED HISTORIC SITES, AND HIGHWAYS.
   (E) "HIGHWAYS" SHALL BE DEFINED AS A VEHICLE ROAD DESIGNATED AND IDEN-
 TIFIED PURSUANT TO THE NEW YORK  STATE  OR  FEDERAL  INTERSTATE  HIGHWAY
 SYSTEM.
   (F) "LEAD AGENCY EQUIVALENT" SHALL BE DEFINED AS ANY VILLAGE OR COMMON
 COUNCIL OR OTHER LEGISLATIVE BODY OF THE VILLAGE, PLANNING BOARD, ZONING
 BOARD OF APPEALS, PLANNING DIVISION, PLANNING COMMISSION, BOARD OF STAN-
 DARDS AND APPEALS, BOARD OF ZONING APPEALS, OR ANY OFFICIAL OR EMPLOYEE,
 OR  ANY  OTHER  AGENCY,  DEPARTMENT,  BOARD,  BODY, OR OTHER ENTITY IN A
 S. 4006--A                         73                         A. 3006--A
 
 VILLAGE WITH THE AUTHORITY TO APPROVE  OR  DISAPPROVE  OF  ANY  SPECIFIC
 PROJECT OR AMENDMENT TO ANY LOCAL LAND USE TOOLS AS DEFINED HEREIN.
   (G)  "LOCAL  LAND  USE  TOOLS"  SHALL BE ADOPTED OR ENACTED UNDER THIS
 CHAPTER, THE MUNICIPAL HOME RULE LAW, OR ANY GENERAL, SPECIAL  OR  OTHER
 LAW  PERTAINING  TO  LAND USE, AND SHALL INCLUDE BUT NOT BE LIMITED TO A
 VILLAGE'S:
   (I) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
   (II) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (III) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT, OR SPECIAL  PERMIT
 ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (IV) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (V)  SITE  PLAN  REVIEW  ORDINANCE,  LOCAL  LAWS, RESOLUTIONS OR REGU-
 LATIONS; AND/OR
   (VI) POLICIES OR PROCEDURES, OR ANY PLANNING, ZONING,  OR  OTHER  LAND
 USE  REGULATORY  TOOL THAT CONTROLS OR ESTABLISHES STANDARDS FOR THE USE
 AND OCCUPANCY OF LAND, THE AREA AND  DIMENSIONAL  REQUIREMENTS  FOR  THE
 DEVELOPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT.
   (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS:
   (I)  ANY  LAND DESIGNATED ON AN OFFICIAL MAP ESTABLISHED AS AUTHORIZED
 BY LAW OR DEPICTED ON ANOTHER  MAP  ADOPTED  OR  ENACTED  BY  THE  LOCAL
 GOVERNING  BOARD  AS  A PUBLICLY ACCESSIBLE SPACE DESIGNATED FOR PARK OR
 RECREATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; OR
   (II) ANY PARKLAND EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK  OR  RECRE-
 ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   (I)  "NON-BUILDABLE  LAND" SHALL BE DEFINED AS ANY LAND THAT CANNOT BE
 BUILT UPON WITHOUT SIGNIFICANT ALTERATIONS TO THE NATURAL TERRAIN NEEDED
 TO MAKE SUCH LAND SUITABLE FOR CONSTRUCTION, INCLUDING BUT  NOT  LIMITED
 TO  RIVERS AND STREAMS, FRESHWATER AND TIDAL WETLANDS, MARSHLANDS, COAS-
 TAL EROSIONS HAZARD AREAS, ONE-HUNDRED-YEAR FLOOD PLAIN,  AND  PROTECTED
 FORESTS.  NO  LAND  THAT HAS PREVIOUSLY HAD A BUILDING OR OTHER IMPROVE-
 MENT, INCLUDING BUT NOT LIMITED TO PARKING LOTS, CONSTRUCTED ON IT SHALL
 BE CONSIDERED NON-BUILDABLE LAND.
   (J) "OBJECTIVE STANDARDS" SHALL BE DEFINED AS STANDARDS  THAT  INVOLVE
 NO  PERSONAL OR SUBJECTIVE JUDGMENT BY A PUBLIC OFFICIAL OR EMPLOYEE AND
 ARE UNIFORMLY VERIFIABLE  BY  REFERENCE  TO  A  PUBLICLY  AVAILABLE  AND
 UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVEL-
 OPMENT APPLICANT AND THE PUBLIC OFFICIAL OR EMPLOYEE BEFORE SUBMITTAL OF
 A LAND USE APPLICATION TO LOCATE AND DEVELOP RESIDENTIAL DWELLINGS.
   (K)  "PROJECT  SPECIFIC  REVIEW"  SHALL  BE  DEFINED  AS ANY REVIEW OR
 APPROVAL PROCESS RELATED TO A SPECIFIC SITE, OR TO A  PROPOSED  DEVELOP-
 MENT  OR  AN  APPLICATION, REGARDLESS OF THE NUMBER OF SITES, INCLUDING,
 BUT NOT LIMITED TO, VARIANCE, WAIVER, SPECIAL PERMIT, SITE  PLAN  REVIEW
 OR SUBDIVISION REVIEW.
   (L)  "QUALIFYING  PROJECT" SHALL BE DEFINED AS A PROPOSED PROJECT THAT
 CONSISTS PRIMARILY OF RESIDENTIAL DWELLINGS THAT IS OR WILL  BE  LOCATED
 WITHIN  A  TRANSIT-ORIENTED DEVELOPMENT ZONE AND WHICH WILL BE CONNECTED
 TO PUBLICLY-OWNED WATER AND SEWAGE SYSTEMS.
   (M) "REGISTERED HISTORIC SITES" SHALL BE DEFINED AS SITES,  DISTRICTS,
 STRUCTURES,  LANDMARKS,  OR  BUILDINGS  LISTED  ON THE STATE REGISTER OF
 HISTORIC PLACES AS OF THE EFFECTIVE DATE OF THIS SECTION.
   (N) "RESIDENTIAL DWELLINGS" SHALL BE DEFINED AS ANY BUILDING OR STRUC-
 TURE OR PORTION THEREOF WHICH IS LEGALLY OCCUPIED IN WHOLE OR IN PART AS
 THE HOME, RESIDENCE OR SLEEPING PLACE  OF  ONE  OR  MORE  HUMAN  BEINGS,
 HOWEVER  THE  TERM  DOES  NOT  INCLUDE ANY CLASS B MULTIPLE DWELLINGS AS
 DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW OR HOUSING THAT  IS
 INTENDED TO BE USED ON A SEASONAL BASIS.
 S. 4006--A                         74                         A. 3006--A
 
   (O)  "RESIDENTIAL ZONE" SHALL BE DEFINED AS ANY LAND WITHIN A TRANSIT-
 ORIENTED DEVELOPMENT ZONE WHEREIN RESIDENTIAL DWELLINGS ARE PERMITTED AS
 OF THE EFFECTIVE DATE OF THIS SECTION.
   (P)  "TRANSIT-ORIENTED  DEVELOPMENT  REVIEW PROCESS" IS THE PROCESS BY
 WHICH ALL PROJECT SPECIFIC REVIEWS  IN  A  TRANSIT-ORIENTED  DEVELOPMENT
 ZONE  AND ALL OTHER LAND USE ACTIONS UNDERTAKEN PURSUANT TO THIS SECTION
 SHALL BE REVIEWED, WHICH SHALL:
   (I) BE COMPLETED WITH APPROVAL OR DENIAL  DELIVERED  TO  THE  APPLYING
 PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED;
 AND
   (II) BE LIMITED TO A REVIEW OF THE FOLLOWING:
   (A)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
   (B) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE  ADEQUATE  UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   (C) THE AESTHETICS OF THE PROPOSED PROJECT, PROVIDED THAT ANY AESTHET-
 IC  REVIEW  MUST BE BASED ON PUBLISHED OBJECTIVE STANDARDS. IF NO OBJEC-
 TIVE STANDARDS ARE PUBLISHED,  NO  TRANSIT-ORIENTED  DEVELOPMENT  REVIEW
 PROCESS  MAY CONSIDER AESTHETICS, AND PROVIDED FURTHER THAT NO AESTHETIC
 REQUIREMENTS SHALL INCREASE THE COST OF A  QUALIFYING  PROJECT  TO  MAKE
 SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE.
   ALL  PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-ORIENTED
 DEVELOPMENT REVIEW PROCESS SHALL BE EXEMPT FROM ANY ENVIRONMENTAL REVIEW
 REQUIREMENTS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
 LAW AND ANY RULES AND REGULATIONS PROMULGATED  THERETO,  AND  ANY  LOCAL
 EQUIVALENT  LAW,  REGULATION  OR RULE. PROVIDED FURTHER THAT NOTHING SET
 FORTH IN THIS PARAGRAPH SHALL BE INTERPRETED TO  OVERRIDE  OR  OTHERWISE
 WAIVE ANY PERMITTING REQUIRED PURSUANT TO STATE OR FEDERAL LAWS OR REGU-
 LATIONS, UNLESS SPECIFICALLY SET FORTH HEREIN.
   (Q)  "TIER  1 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED  NO  MORE  THAN  FIFTEEN MILES FROM THE NEAREST BORDER OF A CITY
 WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED  ON  A
 STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
   (R)  "TIER  2 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED MORE THAN FIFTEEN AND NO MORE THAN THIRTY MILES FROM THE NEAREST
 BORDER  OF  A CITY WITH A POPULATION OF GREATER THAN ONE MILLION PEOPLE,
 AS MEASURED ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER  TO  SUCH
 RAIL STATION.
   (S)  "TIER  3 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT OPERATED ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS  OWNED,  OPER-
 ATED  OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND RAIL-
 ROAD, THE PORT AUTHORITY OF NEW YORK AND  NEW  JERSEY,  THE  NEW  JERSEY
 TRANSIT  CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE METRO-
 S. 4006--A                         75                         A. 3006--A

 POLITAN TRANSPORTATION AUTHORITY WHERE ANY PORTION OF  SUCH  STATION  IS
 LOCATED  MORE  THAN THIRTY AND NO MORE THAN FIFTY MILES FROM THE NEAREST
 BORDER OF A CITY WITH A POPULATION OF GREATER THAN ONE  MILLION  PEOPLE,
 AS  MEASURED  ON A STRAIGHT LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH
 RAIL STATION.
   (T) "TIER 4 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS  ANY  RAIL
 STATION, INCLUDING SUBWAY STATIONS, WITHIN THE STATE OF NEW YORK THAT IS
 NOT  OPERATED  ON AN EXCLUSIVELY SEASONAL BASIS AND THAT IS OWNED, OPER-
 ATED OR OTHERWISE SERVED BY METRO-NORTH RAILROAD, THE LONG ISLAND  RAIL-
 ROAD,  THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY, THE NEW JERSEY
 TRANSIT CORPORATION, THE NEW YORK CITY TRANSIT AUTHORITY, OR THE  METRO-
 POLITAN  TRANSPORTATION  AUTHORITY WHERE THE ENTIRETY OF SUCH STATION IS
 LOCATED MORE THAN FIFTY MILES FROM THE NEAREST BORDER OF A CITY  WITH  A
 POPULATION OF GREATER THAN ONE MILLION PEOPLE, AS MEASURED ON A STRAIGHT
 LINE FROM SUCH CITY'S NEAREST BORDER TO SUCH RAIL STATION.
   (U) "TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 1  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 1 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 1 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  1  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 1 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (V) "TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE  RADIUS  OF
 ANY  PUBLICLY  ACCESSIBLE  AREAS OF A TIER 2 QUALIFYING TRANSIT STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES  AND  EXITS,
 AND  PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
 ERS OF SUCH TIER 2 QUALIFYING TRANSIT STATIONS, AND ARE  APPURTENANT  TO
 SUCH  TIER 2 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
 SUCH PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF  THIS
 SECTION.  PROVIDED  FURTHER  THAT  ANY TIER 2 QUALIFYING TRANSIT STATION
 SHALL BE CONSIDERED TO BE PART OF SUCH TIER 2 TRANSIT-ORIENTED  DEVELOP-
 MENT ZONE.
   (W) "TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND,  OTHER  THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE RADIUS OF
 ANY PUBLICLY ACCESSIBLE AREAS OF A TIER 3  QUALIFYING  TRANSIT  STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED  TO,  PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES AND EXITS,
 AND PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR  CUSTOM-
 ERS  OF  SUCH TIER 3 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 3 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  3  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 3 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (X) "TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL BE DEFINED AS ANY
 LAND, OTHER THAN EXEMPT LAND, LOCATED WITHIN A ONE-HALF MILE  RADIUS  OF
 ANY  PUBLICLY  ACCESSIBLE  AREAS OF A TIER 4 QUALIFYING TRANSIT STATION,
 PROVIDED THAT SUCH PUBLICLY ACCESSIBLE AREAS INCLUDE, BUT ARE NOT LIMIT-
 ED TO, PLATFORMS, TICKETING AREAS, WAITING AREAS, ENTRANCES  AND  EXITS,
 S. 4006--A                         76                         A. 3006--A
 
 AND  PARKING LOTS OR PARKING STRUCTURES THAT PROVIDE PARKING FOR CUSTOM-
 ERS OF SUCH TIER 4 QUALIFYING TRANSIT STATIONS, AND ARE  APPURTENANT  TO
 SUCH  TIER 4 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP OF
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  4  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 4 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (Y) "TRANSIT-ORIENTED DEVELOPMENT ZONE" SHALL REFER TO A TIER 1  TRAN-
 SIT-ORIENTED  DEVELOPMENT  ZONE,  A  TIER 2 TRANSIT-ORIENTED DEVELOPMENT
 ZONE, A TIER 3 TRANSIT-ORIENTED DEVELOPMENT ZONE, OR A TIER  4  TRANSIT-
 ORIENTED DEVELOPMENT ZONE, AS APPLICABLE.
   2.  AMENDMENT  TO LOCAL LAND USE TOOLS. (A) A VILLAGE'S LOCAL LAND USE
 TOOLS SHALL BE AMENDED TO MEET OR EXCEED THE AGGREGATE DENSITY  REQUIRE-
 MENT  ON OR BEFORE THE DATE THAT IS THREE YEARS SUBSEQUENT TO THE EFFEC-
 TIVE DATE OF THIS SECTION UNLESS SUCH AGGREGATE DENSITY  REQUIREMENT  IS
 PERMITTED PURSUANT TO A VILLAGE'S LOCAL LAND USE TOOLS WITHOUT REQUIRING
 ANY AMENDMENT.
   (B)  ANY AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION SHALL BE EXEMPT FROM ANY  REVIEW  REQUIRED  PURSUANT  TO  ARTICLE
 EIGHT  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW AND ANY RULES AND REGU-
 LATIONS PROMULGATED THERETO, AND ANY LOCAL EQUIVALENT  LAW,  REGULATION,
 OR  RULE,  PROVIDED FURTHER THAT ANY AMENDMENT TO THE PERMISSIBLE USE OF
 NON-BUILDABLE LAND SHALL BE SUBJECT TO SUCH REVIEW, AS APPLICABLE.
   (C) NO AMENDMENT UNDERTAKEN PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION SHALL CREATE OR OTHERWISE  IMPOSE  ANY  UNREASONABLE  LAWS,  RULES,
 REGULATIONS,  GUIDELINES  OR  RESTRICTIONS  THAT EFFECTIVELY PREVENT THE
 CONSTRUCTION OR OCCUPATION OF QUALIFYING PROJECTS,  INCLUDING,  BUT  NOT
 LIMITED   TO,   ANY   SUCH   LAWS,  RULES,  REGULATIONS,  GUIDELINES  OR
 RESTRICTIONS GOVERNING LOT COVERAGE, OPEN SPACE, HEIGHT, SETBACKS, FLOOR
 AREA RATIOS, OR PARKING REQUIREMENTS.
   (D) PRIOR TO THE FINALIZATION OF THE AMENDMENT UNDERTAKEN PURSUANT  TO
 PARAGRAPH  (A) OF THIS SUBDIVISION, THE LEAD AGENCY EQUIVALENT SHALL SET
 FORTH IN WRITING AND PUBLISH:
   (I) A DESCRIPTION OF THE LAND THAT IS PART OF THE APPLICABLE  TRANSIT-
 ORIENTED DEVELOPMENT ZONE;
   (II)  A  DESCRIPTION  OF  THE  LAND  THAT IS EXEMPT FROM THE AGGREGATE
 DENSITY REQUIREMENT;
   (III) A DESCRIPTION  OF  ANY  EXEMPT  LAND  THAT  WOULD  OTHERWISE  BE
 INCLUDED IN THE TRANSIT-ORIENTED DEVELOPMENT ZONE;
   (IV)  A  SPECIFIC  DESCRIPTION OF THE PERMISSIBLE LAND USES WITHIN THE
 APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE PRIOR TO THE AMENDMENT;
   (V) A SPECIFIC DESCRIPTION OF THE PROPOSED PERMISSIBLE LAND USES WITH-
 IN THE APPLICABLE TRANSIT-ORIENTED DEVELOPMENT ZONE FOLLOWING THE AMEND-
 MENT;
   (VI) THE ALLOWABLE AGGREGATE DENSITY, MEANING  THE  AVERAGE  ALLOWABLE
 DENSITY  WITHIN  THE  APPLICABLE  TRANSIT-ORIENTED  DEVELOPMENT ZONE, OF
 RESIDENTIAL DWELLINGS PRIOR TO THE AMENDMENT;
   (VII) THE ALLOWABLE AGGREGATE DENSITY, MEANING THE  AVERAGE  ALLOWABLE
 DENSITY  WITHIN  THE  APPLICABLE  TRANSIT-ORIENTED  DEVELOPMENT ZONE, OF
 RESIDENTIAL DWELLINGS SUBSEQUENT TO THE AMENDMENT;
   (VIII) THE CAPACITY OF THE DRINKING WATER SUPPLY AND WASTEWATER TREAT-
 MENT SERVICES, AS APPLICABLE, TO SUPPORT THE PROPOSED INCREASED RESIDEN-
 TIAL DWELLINGS DENSITY CONTEMPLATED BY THE AMENDMENT;
   (IX) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE  UTILITY
 SERVICES TO SUPPORT THE PROPOSED INCREASED RESIDENTIAL DWELLINGS DENSITY
 CONTEMPLATED BY THE AMENDMENT;
 S. 4006--A                         77                         A. 3006--A
 
   (X)  THE  EXISTENCE  OF  SITES CONTAINING OR CONTAMINATED BY HAZARDOUS
 WASTE WITHIN THE AREA CONTEMPLATED BY THE AMENDMENT;
   (XI) ANY REQUIRED STORMWATER RUNOFF STRATEGIES OR REQUIREMENTS CONTEM-
 PLATED BY THE AMENDMENT; AND
   (XII)  A  SPECIFIC DESCRIPTION OF ANY LAND WITHIN THE APPLICABLE TRAN-
 SIT-ORIENTED DEVELOPMENT ZONE LOCATED WITHIN THE ONE-HUNDRED-YEAR  FLOOD
 PLAIN OR WHERE THE DEPTH TO THE WATER TABLE IS LESS THAN THREE FEET.
   (E) IN THE EVENT THAT A VILLAGE FAILS TO FINALIZE THE AMENDMENT PURSU-
 ANT  TO  AND WITHIN THE REQUIRED TIME SET FORTH IN PARAGRAPH (A) OF THIS
 SUBDIVISION, AND UNTIL SUCH TIME AS A  VILLAGE  COMPREHENSIVELY  UPDATES
 ITS LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDI-
 VISION,  AND  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL,
 LOCAL, OR OTHER LAW, INCLUDING THE COMMON LAW, TO THE CONTRARY:
   (I) ALL VILLAGES SHALL PERMIT THE CONSTRUCTION AND OCCUPATION OF RESI-
 DENTIAL DWELLINGS WITH A DENSITY UP  TO  AND  INCLUDING  THE  APPLICABLE
 AGGREGATE DENSITY REQUIREMENT IN ANY RESIDENTIAL ZONE;
   (II) NO VILLAGE SHALL IMPOSE RESTRICTIONS THAT EFFECTIVELY PREVENT THE
 CONSTRUCTION  OR OCCUPANCY OF SUCH RESIDENTIAL DWELLINGS, INCLUDING, BUT
 NOT LIMITED TO, ANY SUCH RESTRICTIONS  RELATED  TO  LOT  COVERAGE,  OPEN
 SPACE, HEIGHT, SETBACKS, FLOOR AREA RATIOS, OR PARKING REQUIREMENTS; AND
   (III)  A  PROJECT  FOR RESIDENTIAL DWELLINGS, WHICH WOULD OTHERWISE BE
 CLASSIFIED AS A QUALIFYING PROJECT IF A VILLAGE TIMELY ADOPTED AN AMEND-
 MENT PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND WHICH IS APPROVED
 BY A VILLAGE OR LEAD AGENCY EQUIVALENT PURSUANT  TO  A  TRANSIT-ORIENTED
 DEVELOPMENT  REVIEW PROCESS PRIOR TO THE DATE OF THE AMENDMENT, SHALL BE
 VESTED UPON THE ISSUANCE OF A BUILDING PERMIT IN THE EVENT A SUBSEQUENT-
 LY ENACTED AMENDMENT OR ANY UPDATES TO THE LAND USE TOOLS  ARE  CONTRARY
 TO  THE  RIGHTS GRANTED FOR SUCH PROJECT. SUCH VESTED RIGHTS SHALL EXIST
 WITHOUT THE NEED  FOR  THE  PERMIT  HOLDER  TO  DEMONSTRATE  SUBSTANTIAL
 EXPENDITURE  AND  SUBSTANTIAL CONSTRUCTION IN ACCORDANCE WITH THE PERMIT
 PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT OR ANY UPDATES TO THE  LAND
 USE TOOLS.
   3.  TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS. (A) IN THE EVENT THAT
 A VILLAGE FAILS TO FINALIZE THE AMENDMENT PURSUANT  TO  AND  WITHIN  THE
 REQUIRED  TIME  SET  FORTH  IN  PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
 SECTION, AND UNTIL SUCH TIME AS A VILLAGE  COMPREHENSIVELY  UPDATES  ITS
 LOCAL LAND USE TOOLS IN COMPLIANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO
 OF THIS SECTION, ANY PROJECT SPECIFIC REVIEW RELATED TO A PROPOSED QUAL-
 IFYING PROJECT SHALL BE REVIEWED PURSUANT TO THE TRANSIT-ORIENTED DEVEL-
 OPMENT REVIEW PROCESS.
   (B)  AFTER  THE  FINALIZATION  OF THE AMENDMENT UNDERTAKEN PURSUANT TO
 PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, ANY  PROJECT  SPECIFIC
 REVIEW RELATED TO A PROPOSED QUALIFYING PROJECT SHALL BE REVIEWED PURSU-
 ANT TO THE TRANSIT-ORIENTED DEVELOPMENT REVIEW PROCESS.
   4.  ENFORCEMENT.  (A)(I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK
 MAY COMMENCE AN ACTION IN A COURT OF APPROPRIATE JURISDICTION TO  COMPEL
 A  VILLAGE  TO  AMEND  ITS  LOCAL  LAND USE TOOLS IN COMPLIANCE WITH THE
 REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IF THE VILLAGE
 FAILS TO DO SO WITHIN THE REQUIRED TIMEFRAME SET FORTH THEREIN.
   (II) A PARTY MAY PURSUE A CAUSE OF ACTION PURSUANT TO PARAGRAPH (B) OF
 THIS SUBDIVISION IF SUCH PARTY IS IMPROPERLY DENIED PERMISSION BY A LEAD
 AGENCY EQUIVALENT TO BUILD A QUALIFYING PROJECT  PURSUANT  TO  PARAGRAPH
 (B) OF SUBDIVISION THREE OF THIS SECTION.
   (B)(I)  UPON  A  FAILURE OF A VILLAGE TO COMPLY WITH THE DEADLINES SET
 FORTH IN SUBDIVISION TWO OF THIS SECTION, OR A LEAD AGENCY  EQUIVALENT'S
 DENIAL  OF ANY APPLICATION SUBMITTED IN RELATION TO A QUALIFYING PROJECT
 S. 4006--A                         78                         A. 3006--A

 IN VIOLATION OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION,  ANY
 PARTY  AGGRIEVED  BY  ANY  SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL
 PROCEEDING AGAINST THE SUBJECT VILLAGE OR LEAD AGENCY EQUIVALENT AND THE
 OFFICERS OF SUCH VILLAGE AND LEAD AGENCY EQUIVALENT IN THE SUPREME COURT
 WITHIN THE JUDICIAL DISTRICT IN WHICH THE VILLAGE OR THE GREATER PORTION
 OF  THE  TERRITORY  OF SUCH VILLAGE IS LOCATED TO COMPEL COMPLIANCE WITH
 THE PROVISIONS OF THIS SECTION.
   (II) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO  THE
 COURT  THAT  TESTIMONY  IS  NECESSARY  FOR THE PROPER DISPOSITION OF THE
 MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.   ALTERNA-
 TIVELY,  THE  COURT  MAY  APPOINT  A HEARING OFFICER PURSUANT TO ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH  THE  HEARING  OFFI-
 CER'S  FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
 PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT  SHALL
 BE MADE.
   (III) THE VILLAGE OR LEAD AGENCY EQUIVALENT MUST SET FORTH THE REASONS
 FOR  THE  DENIAL  OF  THE  APPLICATION AND MUST DEMONSTRATE BY CLEAR AND
 CONVINCING EVIDENCE THAT THE VILLAGE OR LEAD  AGENCY  EQUIVALENT  DENIED
 THE APPLICATION DUE TO BONA FIDE HEALTH AND SAFETY CONCERNS, OR PURSUANT
 TO  THE  TRANSIT-ORIENTED  DEVELOPMENT REVIEW PROCESS THAT COMPLIES WITH
 THE REQUIREMENTS OF THIS SECTION. IF THE VILLAGE OR LEAD  AGENCY  EQUIV-
 ALENT MEETS SUCH BURDEN, THE APPLICANT SHALL BE GIVEN THE OPPORTUNITY TO
 DEMONSTRATE  THAT  THE  CONCERNS  RAISED  BY  THE VILLAGE OR LEAD AGENCY
 EQUIVALENT ARE PRETEXTUAL OR THAT SUCH  CONCERNS  CAN  BE  ADDRESSED  OR
 MITIGATED BY CHANGES TO THE QUALIFYING PROJECT.
   (IV)  THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY
 THE DECISION BROUGHT UP FOR REVIEW. THE COURT MAY  ALSO  REMAND  TO  THE
 VILLAGE  OR  LEAD  AGENCY  EQUIVALENT  TO PROCESS OR FURTHER CONSIDER AN
 APPLICATION CONSISTENT WITH THE TERMS OF ANY ORDER OF THE COURT, INCLUD-
 ING ON AN EXPEDITED BASIS.
   (V) COSTS SHALL NOT BE ALLOWED AGAINST THE VILLAGE, LEAD AGENCY EQUIV-
 ALENT, AND THE OFFICER WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL
 PROCEEDING, UNLESS IT SHALL APPEAR TO THE COURT THAT THE  VILLAGE,  LEAD
 AGENCY EQUIVALENT, AND ITS OFFICERS OR EMPLOYEES ACTED WITH GROSS NEGLI-
 GENCE, IN BAD FAITH, OR WITH MALICE.
   § 6. This act shall take effect immediately.
 
                                  PART H
 
   Section  1.  The public housing law is amended by adding a new section
 20-a to read as follows:
   § 20-A. HOUSING PRODUCTION REPORTING. 1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "LOCAL BOARD" MEANS ANY CITY, TOWN, OR VILLAGE BOARD, COMMISSION,
 OFFICER OR OTHER AGENCY OR OFFICE HAVING SUPERVISION OF THE CONSTRUCTION
 OF BUILDINGS OR THE POWER OF ENFORCING MUNICIPAL BUILDING LAWS.
   (B) "HOUSING SITE" MEANS THE SITE OF PLANNED CONSTRUCTION, CONVERSION,
 ALTERATION, DEMOLITION, OR CONSOLIDATION  OF  ONE  OR  MORE  RESIDENTIAL
 BUILDINGS.
   (C)  "DWELLING  UNIT"  MEANS  A DWELLING WITHIN A RESIDENTIAL BUILDING
 WHICH IS EITHER SOLD, RENTED, LEASED, LET OR HIRED OUT, TO BE  OCCUPIED,
 OR  IS OCCUPIED AS THE RESIDENCE OR HOME OF ONE OR MORE INDIVIDUALS THAT
 IS INDEPENDENT OF OTHER DWELLINGS WITHIN SUCH RESIDENTIAL BUILDING.
   2. THE COMMISSIONER SHALL REQUIRE EACH LOCAL BOARD TO  SUBMIT  TO  THE
 DIVISION  OF  HOUSING  AND COMMUNITY RENEWAL ANNUALLY, IN THE MANNER AND
 S. 4006--A                         79                         A. 3006--A

 FORMAT TO BE DIRECTED BY THE DIVISION OF HOUSING AND COMMUNITY  RENEWAL,
 THE FOLLOWING INFORMATION REGARDING NEW CONSTRUCTION, CONVERSION, ALTER-
 ATION,  DEMOLITION, OR CONSOLIDATION OF A HOUSING SITE WITHIN THE JURIS-
 DICTION  OF  SUCH  LOCAL  BOARD  THAT IS REQUIRED TO BE REPORTED TO SUCH
 LOCAL BOARD:
   (A) THE ADDRESS OF SUCH HOUSING SITE;
   (B) THE BLOCK AND/OR LOT NUMBER OF SUCH HOUSING SITE;
   (C) THE TOTAL NUMBER OF DWELLING UNITS IN SUCH HOUSING SITE;
   (D) THE BUILDING TYPE, ANY RELEVANT DATES OF  APPROVAL,  PERMITS,  AND
 COMPLETIONS ASSOCIATED WITH SUCH HOUSING SITE;
   (E) ANY ASSOCIATED GOVERNMENTAL SUBSIDIES OR PROGRAM FUNDS BEING ALLO-
 CATED TO SUCH HOUSING SITE THAT SUCH LOCAL BOARD IS AWARE OF;
   (F) THE SPECIFIC DETAILS OF SUCH CONSTRUCTION, CONVERSION, ALTERATION,
 DEMOLITION, OR CONSOLIDATION OF SUCH HOUSING SITE;
   (G)  ANY  PERMITS REQUESTED TO BUILD DWELLING UNITS, AND THE STATUS OF
 SUCH REQUESTS AS OF THE DATE OF THE REPORT; AND
   (H) THE TOTAL NUMBER OF DWELLING UNITS WITHIN THE JURISDICTION OF  THE
 LOCAL BOARD AS OF THE DATE OF THE REPORT.
   3. BEGINNING ON THE THIRTY-FIRST OF JANUARY NEXT SUCCEEDING THE EFFEC-
 TIVE  DATE  OF  THIS  SECTION, AND ANNUALLY THEREAFTER, THE COMMISSIONER
 SHALL REQUIRE EACH LOCAL BOARD TO  SUBMIT  TO  THE  COMMISSIONER,  IN  A
 MANNER  AND  FORMAT TO BE DETERMINED BY THE COMMISSIONER, A DIGITAL FILE
 CONTAINING A ZONING MAP OR MAPS OF SUCH LOCAL BOARD'S JURISDICTION  THAT
 CONTAINS THE FOLLOWING INFORMATION FOR THE PRIOR YEAR:
   (A) THE GEOGRAPHIC EXTENTS OF AREAS WHERE RESIDENTIAL HOUSING, COMMER-
 CIAL, INDUSTRIAL, OR OTHER DEVELOPMENTS ARE OR ARE NOT PERMITTED;
   (B) IN AREAS ZONED FOR RESIDENTIAL BUILDINGS, WHERE RESIDENTIAL BUILD-
 INGS  CONTAINING TWO, THREE, AND FOUR OR MORE DWELLING UNITS ARE ALLOWED
 PER LOT;
   (C) ANY MINIMUM LOT SIZE REQUIREMENTS FOR RESIDENTIAL BUILDINGS;
   (D) ANY MINIMUM SIZE REQUIREMENTS FOR INDIVIDUAL DWELLING UNITS;
   (E) ANY PARKING REQUIREMENTS FOR RESIDENTIAL BUILDINGS;
   (F) ANY SETBACK OR LOT COVERAGE REQUIREMENTS  FOR  RESIDENTIAL  BUILD-
 INGS;
   (G)  DESIGNATION OF WHETHER EACH ZONING APPROVAL GRANTED BY SUCH LOCAL
 BOARD WAS AS-OF-RIGHT OR DISCRETIONARY;
   (H) THE GEOGRAPHIC BOUNDS OF ANY AREAS WHICH HAVE BEEN  AMENDED  SINCE
 SUCH LOCAL BOARD'S PREVIOUS SUBMISSION PURSUANT TO THIS SUBDIVISION;
   (I) ANY FLOOR AREA RATIO RESTRICTIONS FOR RESIDENTIAL BUILDINGS;
   (J)  IN  AREAS  WHERE  RESIDENTIAL  DEVELOPMENT  IS NOT PERMITTED, THE
 REASONS SUCH DEVELOPMENT IS NOT PERMITTED; AND
   (K) ANY OTHER INFORMATION DEEMED RELEVANT BY THE COMMISSIONER.
   4. THE COMMISSIONER MAY MAKE THE  INFORMATION  SUBMITTED  PURSUANT  TO
 SUBDIVISIONS  TWO  AND  THREE  OF THIS SECTION PUBLICLY AVAILABLE ON THE
 DIVISION OF HOUSING AND COMMUNITY RENEWAL'S WEBSITE, UPDATED ANNUALLY TO
 REFLECT THE MOST RECENT SUBMISSIONS.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.
 
                                  PART I
 S. 4006--A                         80                         A. 3006--A
 
   Section  1. Paragraph (b) of subdivision 1 of section 1971 of the real
 property actions and proceedings law, as amended by chapter 529  of  the
 laws of 2008, is amended to read as follows:
   (b) In the case of a vacant dwelling, it is not sealed or continuously
 guarded, IN THAT ADMITTANCE TO THE PROPERTY MAY BE GAINED WITHOUT DAMAG-
 ING  ANY PORTION OF THE PROPERTY, as required by law or it was sealed or
 is continuously guarded by a person other than the owner,  a  mortgagee,
 lienor or agent thereof, and [either] ANY of the following facts exists:
   (i)  A  vacate  order  of  the department or other governmental agency
 currently prohibits occupancy of the dwelling; or
   (ii) The tax on such premises has been due and unpaid for a period  of
 at least one year; or
   (III)  THE PROPERTY HAS HAD A ZONING, BUILDING OR PROPERTY MAINTENANCE
 CODE VIOLATION WHICH HAS THE POTENTIAL TO INJURE, ENDANGER OR  UNREASON-
 ABLY  ANNOY  THE  HEALTH AND SAFETY OF OTHERS THAT HAS BEEN CONTINUOUSLY
 OUTSTANDING AND NOT REMEDIED FOR A PERIOD OF AT LEAST ONE YEAR FROM  THE
 DATE THE ORIGINAL NOTICE OF VIOLATION WAS SERVED UPON THE PROPERTY OWNER
 PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT OF THE CIVIL
 PRACTICE  LAW AND RULES IF THE OWNER IS A NATURAL PERSON, OR PURSUANT TO
 SECTION THREE HUNDRED TEN, THREE HUNDRED TEN-A, THREE HUNDRED ELEVEN  OR
 THREE  HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER
 IS A PARTNERSHIP, LIMITED PARTNERSHIP, CORPORATION OR LIMITED  LIABILITY
 COMPANY, RESPECTIVELY; OR
   § 2. This act shall take effect immediately.
 
                                  PART J
 
   Section  1.  Subdivision 11 of section 3 of the multiple dwelling law,
 as amended by chapter 806 of the laws of 1972, is  amended  to  read  as
 follows:
   11. Notwithstanding any other provision of this section, the following
 enumerated articles, sections and subdivisions of sections of this chap-
 ter shall not apply to the construction or alteration of multiple dwell-
 ings  for  which  an  application for a permit is made to the department
 after December sixth, nineteen hundred sixty-nine in  a  city  having  a
 population  of  one  million  or more [which adopts or has adopted local
 laws, ordinances, resolutions or regulations providing  protection  from
 fire   hazards  and  making  provision  for  escape  from  fire  in  the
 construction and alteration of multiple dwellings and in other  respects
 as  protective  as  local law seventy-six of the laws of the city of New
 York for nineteen hundred sixty-eight  and  covering  the  same  subject
 matter  as the following]: subdivisions twenty-five, twenty-seven, twen-
 ty-eight, thirty-five-c, thirty-six and  thirty-nine  of  section  four,
 subdivision  three of section twenty-eight, sections thirty-six, thirty-
 seven, fifty,  fifty-one,  fifty-two,  fifty-three,  fifty-five,  sixty,
 sixty-one,  sixty-seven, subdivisions one, two, four and five of section
 seventy-five, article four, article five, article five-A[,] AND  article
 six  [and  article  seven-B]; except that after December sixth, nineteen
 hundred sixty-nine where a multiple dwelling erected prior  to  December
 sixth,  nineteen  hundred  sixty-nine  is altered, or a building erected
 prior to December sixth, nineteen hundred sixty-nine is converted  to  a
 multiple  dwelling  pursuant  to  a permit applied for to the department
 having jurisdiction, the foregoing articles, sections  and  subdivisions
 of  sections  shall  remain  applicable  where  a local law of such city
 authorizes such alteration or conversion to be made, at  the  option  of
 the  owner,  either  in accordance with the requirements of the building
 S. 4006--A                         81                         A. 3006--A
 
 law and regulations in effect in such  city  prior  to  December  sixth,
 nineteen hundred sixty-eight or the requirements of the building law and
 regulations  in  effect  after such date, and the owner elects to comply
 with  the  requirements  of  the  building law and regulations in effect
 prior to December sixth, nineteen hundred sixty-eight.
   § 2. Section 275 of the multiple dwelling law, as added by chapter 734
 of the laws of 1985, is amended to read as follows:
   § 275. Legislative findings. It is hereby declared and found  that  in
 cities  with  a  population  in  excess of one million, large numbers of
 loft, manufacturing, commercial,  institutional,  public  and  community
 facility  buildings  have  lost,  and continue to lose, their tenants to
 more modern premises; and that the untenanted portions of such buildings
 constitute a potential housing stock within such cities which  is  capa-
 ble,  when  appropriately  altered, of accommodating general residential
 use, thereby contributing to an alleviation of the housing shortage most
 severely affecting moderate and middle income families, and of  accommo-
 dating  joint  living-work quarters for artists by making readily avail-
 able space which is physically and  economically  suitable  for  use  by
 persons regularly engaged in the arts.
   There is a public purpose to be served by making accommodations readi-
 ly  available for joint living-work quarters for artists for the follow-
 ing reasons:   persons regularly engaged  in  the  arts  require  larger
 amounts of space for the pursuit of their artistic endeavors and for the
 storage  of  the materials therefor and of the products thereof than are
 regularly to be found in dwellings subject to  this  article;  that  the
 financial  remunerations  to be obtained from pursuit of a career in the
 arts are generally small; that as a result  of  such  limited  financial
 remuneration  persons  regularly  engaged  in the arts generally find it
 financially impossible to maintain quarters for  the  pursuit  of  their
 artistic  endeavors  separate  and apart from their places of residence;
 that the cultural life of cities of more than one million persons within
 this state and of the state as a whole is enhanced by the  residence  in
 such  cities  of large numbers of persons regularly engaged in the arts;
 that the high cost of land within  such  cities  makes  it  particularly
 difficult for persons regularly engaged in the arts to obtain the use of
 the  amounts of space required for their work as aforesaid; and that the
 residential use of the space is secondary or accessory  to  the  primary
 use as a place of work.
   It  is  further declared that the legislation governing the alteration
 of such buildings to accommodate general residential use must of  neces-
 sity  be  more  restrictive  than  statutes  heretofore in effect, which
 affected only joint living-work quarters for artists.
   It is the intention of this legislation to promulgate statewide  mini-
 mum  standards for all alterations of non-residential buildings to resi-
 dential use, but the legislature is  cognizant  that  the  use  of  such
 buildings  for residential purposes must be consistent with local zoning
 ordinances. The legislature further recognizes that it is  the  role  of
 localities  to adopt regulations which will define in further detail the
 manner in which alterations should be carried out where  building  types
 and  conditions  are  peculiar  to their local environment. IT IS HEREBY
 ADDITIONALLY DECLARED AND FOUND THAT IN  CITIES  WITH  A  POPULATION  IN
 EXCESS  OF ONE MILLION, LARGE NUMBERS OF COMMERCIAL BUILDINGS HAVE LOST,
 AND CONTINUE TO LOSE, THEIR TENANTS TO MORE MODERN PREMISES AND  TO  THE
 CHANGING  NATURE  OF  REMOTE  OFFICE  WORK  IN  THE WAKE OF THE COVID-19
 PANDEMIC; AND THAT THE UNTENANTED PORTIONS OF SUCH BUILDINGS  CONSTITUTE
 A  POTENTIAL  HOUSING  STOCK  WITHIN  SUCH CITIES WHICH IS CAPABLE, WHEN
 S. 4006--A                         82                         A. 3006--A
 
 APPROPRIATELY ALTERED, OF ACCOMMODATING GENERAL RESIDENTIAL USE, THEREBY
 CONTRIBUTING TO AN ALLEVIATION OF THE HOUSING SHORTAGE.
   §  3.  Section 276 of the multiple dwelling law, as amended by chapter
 420 of the laws of 2022, is amended to read as follows:
   § 276. [Definition of an artist] DEFINITIONS. As used in this article,
 the FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. THE word "artist" means a person who is regularly  engaged  in  the
 fine  arts, such as painting and sculpture or in the performing or crea-
 tive arts, including choreography and filmmaking, or in the  composition
 of  music  on  a  professional  basis,  and  is so certified by the city
 department of cultural affairs and/or state council  on  the  arts.  For
 joint  living-work quarters for artists limited to artists' occupancy by
 local zoning resolution, any permanent occupant whose residence  therein
 began  on or before December fifteenth, two thousand twenty-one shall be
 deemed to meet such occupancy requirements under the same rights  as  an
 artist so certified in accordance with applicable law.
   2.  THE TERM "GENERAL RESIDENTIAL PURPOSES" MEANS USE OF A BUILDING AS
 A CLASS A MULTIPLE DWELLING, EXCEPT THAT SUCH TERM SHALL NOT  INCLUDE  A
 ROOMING UNIT AS DEFINED IN SECTION 27-2004 OF THE ADMINISTRATIVE CODE OF
 THE  CITY  OF NEW YORK OTHER THAN A ROOMING UNIT IN A CLASS A OR CLASS B
 MULTIPLE DWELLING THAT IS AUTHORIZED PURSUANT TO SECTION 27-2077 OF SUCH
 ADMINISTRATIVE CODE.
   § 4. The multiple dwelling law is amended by adding a new section  279
 to read as follows:
   §  279.  OCCUPANCY  OF COMMERCIAL BUILDINGS. 1. ANY BUILDING IN A CITY
 WITH A POPULATION OF ONE MILLION OR MORE PERSONS WHICH WAS OCCUPIED  FOR
 LOFT,  COMMERCIAL, INSTITUTIONAL, PUBLIC, COMMUNITY FACILITY OR MANUFAC-
 TURING PURPOSES AT ANY TIME PRIOR  TO  DECEMBER  THIRTY-FIRST,  NINETEEN
 HUNDRED  NINETY, MAY BE OCCUPIED, IN WHOLE OR IN PART, FOR GENERAL RESI-
 DENTIAL PURPOSES IF SUCH OCCUPANCY IS IN COMPLIANCE WITH  THIS  ARTICLE,
 NOTWITHSTANDING  ANY  OTHER ARTICLE OF THIS CHAPTER, OR ANY PROVISION OF
 LAW COVERING THE SAME SUBJECT MATTER, EXCEPT AS  OTHERWISE  REQUIRED  BY
 THE ZONING RESOLUTION OF SUCH CITY.
   2.  OCCUPANCY  PURSUANT TO THIS SECTION SHALL BE PERMITTED ONLY IF THE
 CONDITIONS IN SUBDIVISIONS ONE THROUGH SIXTEEN OF  SECTION  TWO  HUNDRED
 SEVENTY-SEVEN OF THIS ARTICLE ARE COMPLIED WITH, EXCEPT THAT THE CONVER-
 SION  SHALL  NOT  BE  REQUIRED TO INCLUDE JOINT LIVING-WORK QUARTERS FOR
 ARTISTS, AND PROVIDED FURTHER THAT CONVERSIONS  UNDERTAKEN  PURSUANT  TO
 THIS  SECTION SHALL NOT BE SUBJECT TO SUBDIVISION THREE OF SECTION TWEN-
 TY-SIX OF THIS CHAPTER.
   3. NOTWITHSTANDING ANY  STATE  OR  LOCAL  LAW,  RULE,  OR  REGULATION,
 INCLUDING  ANY OTHER PROVISION OF THIS SECTION OR ARTICLE TO THE CONTRA-
 RY, THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY  BUILDING  LOCATED
 IN  A  DISTRICT THAT OTHERWISE WOULD HAVE BEEN SUBJECT TO THE PROVISIONS
 OF SECTION 15-01 OF THE ZONING RESOLUTION OF A CITY WITH A POPULATION OF
 ONE MILLION OR MORE PERSONS.
   § 5. An application for conversion  of  a  building  pursuant  to  the
 provisions  of  this  act,  which  application  for  a permit containing
 complete plans and specifications is filed prior to December  31,  2030,
 shall  be permitted to proceed as if subdivision 3 of section 279 of the
 multiple dwelling law, as added by section four of this act, remained in
 effect, so long as construction of such project begins within the earli-
 er to occur of three years from December 31, 2030 or such time which the
 permit otherwise expires.
   § 6. This act shall take effect immediately; provided,  however,  that
 subdivision  3  of  section 279 of the multiple dwelling law as added by
 S. 4006--A                         83                         A. 3006--A
 
 section four of this act shall expire and be deemed repealed on December
 31, 2030; provided further, however, that the repeal of subdivision 3 of
 section 279 of the multiple dwelling law as added  by  section  four  of
 this  act  shall not affect the use of any building for general residen-
 tial purposes, as such term is defined in article 7-B  of  the  multiple
 dwelling law, permitted prior to such repeal.
 
                                  PART K
 
   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 DWELLING UNITS
 SECTION 288. DEFINITIONS.
         289. BASEMENT LOCAL LAWS AND REGULATIONS.
         290. TENANT PROTECTIONS IN INHABITED BASEMENT 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 "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT
 A WRITTEN AGREEMENT; AND
   3. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT
 DWELLING UNIT IS RENTED.
   § 289. BASEMENT LOCAL LAWS AND REGULATIONS.   1.  NOTWITHSTANDING  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  BASE-
 MENT  DWELLING  UNITS  IN  EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS
 ARTICLE THROUGH CONVERSION TO LEGAL DWELLING UNITS, OR (B)  THE  CONVER-
 SION  OF  OTHER  SPECIFIED BASEMENT 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 ENVIRON-
 MENTAL 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 IN  ACCORDANCE  WITH  A
 LOCAL LAW AUTHORIZED BY THIS ARTICLE OR WHO OTHERWISE ABATES THE ILLEGAL
 OCCUPANCY  OF  A  BASEMENT  DWELLING UNIT, (A) FREEDOM FROM ANY CIVIL OR
 ADMINISTRATIVE LIABILITY, CITATIONS, FINES, PENALTIES, JUDGMENTS OR  ANY
 OTHER  DETERMINATIONS    OF  OR PROSECUTION FOR CIVIL VIOLATIONS OF THIS
 CHAPTER, OTHER STATE LAW OR LOCAL LAW OR RULES, AND  THE  ZONING  RESOL-
 UTION  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
 S. 4006--A                         84                         A. 3006--A
 
 BASEMENT DWELLING UNIT OR OTHER  SPECIFIED  BASEMENT  DWELLING  UNIT  IN
 EXISTENCE  PRIOR  TO THE EFFECTIVE 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 LOCAL-
 ITY,  AND  APPROVAL  BY SUCH COMMISSION AND THE LEGISLATIVE BODY OF SUCH
 LOCAL GOVERNMENT, PROVIDED, HOWEVER, THAT IT SHALL NOT REQUIRE  ENVIRON-
 MENTAL  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.    1.
 THE  PROGRAM  AUTHORIZED BY THIS ARTICLE SHALL REQUIRE AN APPLICATION TO
 MAKE ALTERATIONS TO LEGALIZE AN  INHABITED  BASEMENT  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 INTO
 COMPLIANCE WITH THE STANDARDS ESTABLISHED 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 AUTHORIZED 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. Subdivision 1 of section 472 of the private housing finance  law,
 as  amended  by  chapter  479 of the laws of 2005, is amended to read as
 follows:
   1. Notwithstanding the provisions of any  general,  special  or  local
 law,  a  municipality,  acting  through an agency, is authorized: (A) to
 make, or contract to make, loans to low and moderate income  owner-occu-
 pants  of one to four unit existing private or multiple dwellings within
 its territorial limits, subject to the limitation  of  subdivisions  two
 through  seven of this section, in such amounts as shall be required for
 the rehabilitation of such dwellings, provided, however, that such loans
 shall not exceed sixty thousand dollars per dwelling unit,  EXCEPT  THAT
 THE  LIMITATION  ON  THE  MAXIMUM AMOUNT OF A LOAN, AS DESCRIBED IN THIS
 PARAGRAPH, SHALL NOT APPLY TO ANY SUCH LOAN FOR, IN WHOLE  OR  IN  PART,
 REHABILITATION  OF A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR OTHER
 SPECIFIED BASEMENT DWELLING UNIT FOR  WHICH  SUCH  OWNER  HAS  SOUGHT  A
 PERMIT  PURSUANT  TO  THE  LOCAL  LAW AUTHORIZED PURSUANT TO SECTION TWO
 HUNDRED EIGHTY-NINE OF THE MULTIPLE DWELLING LAW. Such  loans  may  also
 include  the  refinancing of the outstanding indebtedness of such dwell-
 ings, and the municipality may make temporary loans or advances to  such
 S. 4006--A                         85                         A. 3006--A
 
 owner-occupants  in  anticipation  of permanent loans for such purposes;
 AND
   (B) TO MAKE OR CONTRACT TO MAKE GRANTS TO ANY OWNER DESCRIBED IN PARA-
 GRAPH (A) OF THIS SUBDIVISION, ON THE SAME TERMS AS PERMITTED UNDER SUCH
 PARAGRAPH FOR A LOAN.
   §  3.  Section  472  of  the private housing finance law is amended by
 adding a new subdivision 1-a to read as follows:
   1-A. AS USED IN THIS ARTICLE, THE TERM "LOAN" SHALL INCLUDE ANY  GRANT
 MADE BY A MUNICIPALITY PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER, THAT
 PROVISIONS  OF  THIS ARTICLE CONCERNING THE REPAYMENT OR FORGIVENESS OF,
 OR SECURITY FOR, A LOAN SHALL NOT APPLY TO ANY GRANT  MADE  PURSUANT  TO
 THIS ARTICLE.
   §  4. Subdivision 2 of section 473 of the private housing finance law,
 as added by chapter 786 of the laws of  1987,  is  amended  to  read  as
 follows:
   2.  A  municipality shall neither make nor participate in a loan to an
 owner-occupant of an existing private or multiple dwelling  pursuant  to
 this  article unless the agency finds that the area in which such dwell-
 ing is situated is a blighted, deteriorated or deteriorating area or has
 a blighting influence on the surrounding area, or is in danger of becom-
 ing a slum or a blighted area because of the existence  of  substandard,
 unsanitary,  deteriorating  or  deteriorated conditions, an aged housing
 stock, or other factors indicating an inability of the private sector to
 cause such rehabilitation to be made, EXCEPT THAT ANY SUCH FINDING SHALL
 NOT BE REQUIRED FOR ANY SUCH LOAN FOR, IN WHOLE OR  IN  PART,  REHABILI-
 TATION  OF  A SPECIFIED INHABITED BASEMENT DWELLING UNIT OR OTHER SPECI-
 FIED BASEMENT DWELLING UNIT FOR WHICH SUCH OWNER  HAS  SOUGHT  A  PERMIT
 PURSUANT  TO  THE  LOCAL  LAW AUTHORIZED PURSUANT TO SECTION TWO HUNDRED
 EIGHTY-NINE OF THE MULTIPLE DWELLING LAW.
   § 5. This act shall take effect immediately.
 
                                  PART L
 
   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 M
 
   Section 1. Section 489 of the real property  tax  law  is  amended  by
 adding a new subdivision 21 to read as follows:
   21. (A) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION:
 S. 4006--A                         86                         A. 3006--A
 
   (1) "AFFORDABLE RENT" SHALL MEAN THE MAXIMUM RENT WITHIN THE MARKETING
 BAND  THAT  IS  ALLOWED  FOR  AN  AFFORDABLE RENTAL UNIT AS SUCH RENT IS
 ESTABLISHED BY THE LOCAL HOUSING AGENCY.
   (2) "AFFORDABLE RENTAL UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE
 RENTAL  BUILDING  THAT, AS OF THE FILING OF AN APPLICATION FOR A CERTIF-
 ICATE OF ELIGIBILITY AND REASONABLE COST, HAS A RENT  AT  OR  BELOW  THE
 APPLICABLE AFFORDABLE RENT.
   (3)  "CERTIFICATE  OF  ELIGIBILITY  AND  REASONABLE COST" SHALL MEAN A
 DOCUMENT ISSUED BY THE LOCAL HOUSING  AGENCY  THAT  ESTABLISHES  THAT  A
 PROPERTY  IS ELIGIBLE FOR REHABILITATION PROGRAM BENEFITS AND SETS FORTH
 THE CERTIFIED REASONABLE COST OF THE  ELIGIBLE  CONSTRUCTION  FOR  WHICH
 SUCH BENEFITS SHALL BE RECEIVED.
   (4)  "CERTIFIED REASONABLE COST SCHEDULE" SHALL MEAN A TABLE PROVIDING
 MAXIMUM DOLLAR LIMITS FOR SPECIFIED ALTERATIONS AND IMPROVEMENTS, ESTAB-
 LISHED, AND UPDATED AS NECESSARY, BY THE LOCAL HOUSING AGENCY.
   (5) "CHECKLIST" SHALL MEAN A DOCUMENT THAT THE  LOCAL  HOUSING  AGENCY
 ISSUES REQUESTING ADDITIONAL INFORMATION OR DOCUMENTATION THAT IS NECES-
 SARY  FOR  FURTHER  ASSESSMENT  OF  AN  APPLICATION FOR A CERTIFICATE OF
 ELIGIBILITY AND REASONABLE COST WHERE  SUCH  APPLICATION  CONTAINED  ALL
 INFORMATION AND DOCUMENTATION REQUIRED AT THE INITIAL FILING.
   (6)   "COMMENCEMENT   DATE"  SHALL  MEAN,  WITH  RESPECT  TO  ELIGIBLE
 CONSTRUCTION, THE DATE ON WHICH ANY PHYSICAL  OPERATION  UNDERTAKEN  FOR
 THE PURPOSE OF PERFORMING SUCH ELIGIBLE CONSTRUCTION LAWFULLY BEGINS.
   (7)   "COMPLETION   DATE"   SHALL   MEAN,  WITH  RESPECT  TO  ELIGIBLE
 CONSTRUCTION, THE DATE ON WHICH:
   (A) EVERY PHYSICAL OPERATION UNDERTAKEN FOR THE PURPOSE OF ALL  ELIGI-
 BLE CONSTRUCTION HAS CONCLUDED; AND
   (B)  ALL SUCH ELIGIBLE CONSTRUCTION HAS BEEN COMPLETED TO A REASONABLE
 AND CUSTOMARY STANDARD THAT RENDERS SUCH ELIGIBLE  CONSTRUCTION  CAPABLE
 OF  USE  FOR  THE  PURPOSE  FOR  WHICH  SUCH  ELIGIBLE  CONSTRUCTION WAS
 INTENDED.
   (8) "DWELLING UNIT" SHALL MEAN  ANY  RESIDENTIAL  ACCOMMODATION  IN  A
 CLASS A MULTIPLE DWELLING THAT:
   (A)  IS  ARRANGED,  DESIGNED,  USED OR INTENDED FOR USE BY ONE OR MORE
 PERSONS LIVING TOGETHER AND MAINTAINING A COMMON HOUSEHOLD;
   (B) CONTAINS AT LEAST ONE ROOM; AND
   (C) CONTAINS WITHIN SUCH ACCOMMODATION  LAWFUL  SANITARY  AND  KITCHEN
 FACILITIES RESERVED FOR ITS OCCUPANTS.
   (9)  "ELIGIBLE  BUILDING"  SHALL  MEAN AN ELIGIBLE RENTAL BUILDING, AN
 ELIGIBLE HOMEOWNERSHIP BUILDING, OR AN ELIGIBLE REGULATED  HOMEOWNERSHIP
 BUILDING,  PROVIDED  THAT  SUCH BUILDING CONTAINS THREE OR MORE DWELLING
 UNITS.
   (10) "ELIGIBLE CONSTRUCTION" SHALL MEAN ALTERATIONS OR IMPROVEMENTS TO
 AN ELIGIBLE BUILDING THAT:
   (A) ARE SPECIFICALLY IDENTIFIED ON THE CERTIFIED REASONABLE COST SCHE-
 DULE;
   (B) MEET THE MINIMUM SCOPE OF WORK THRESHOLD;
   (C) HAVE A COMPLETION DATE THAT IS AFTER JUNE TWENTY-NINTH, TWO  THOU-
 SAND TWENTY-TWO AND PRIOR TO JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX AND
 THAT IS NOT MORE THAN THIRTY MONTHS AFTER THEIR COMMENCEMENT DATE; AND
   (D) ARE NOT ATTRIBUTABLE TO ANY INCREASED CUBIC CONTENT IN SUCH ELIGI-
 BLE BUILDING.
   (11) "ELIGIBLE HOMEOWNERSHIP BUILDING" SHALL MEAN AN EXISTING BUILDING
 THAT:
   (A)  IS A CLASS A MULTIPLE DWELLING OPERATED AS CONDOMINIUM OR COOPER-
 ATIVE HOUSING;
 S. 4006--A                         87                         A. 3006--A
 
   (B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND
   (C)  HAS AN AVERAGE ASSESSED VALUATION, INCLUDING THE VALUATION OF THE
 LAND, THAT AS OF THE COMMENCEMENT DATE DOES NOT EXCEED THE HOMEOWNERSHIP
 AVERAGE ASSESSED VALUATION LIMITATION.
   (12) "ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING" SHALL MEAN AN  EXIST-
 ING  BUILDING  THAT IS A CLASS A MULTIPLE DWELLING OWNED AND OPERATED BY
 EITHER:
   (A) A MUTUAL COMPANY THAT CONTINUES TO BE ORGANIZED AND OPERATED AS  A
 MUTUAL  COMPANY  AND THAT HAS ENTERED INTO AND RECORDED A MUTUAL COMPANY
 REGULATORY AGREEMENT; OR
   (B) A MUTUAL REDEVELOPMENT COMPANY THAT CONTINUES TO BE ORGANIZED  AND
 OPERATED AS A MUTUAL REDEVELOPMENT COMPANY AND THAT HAS ENTERED INTO AND
 RECORDED A MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT.
   (13) "ELIGIBLE RENTAL BUILDING" SHALL MEAN AN EXISTING BUILDING THAT:
   (A)  IS A CLASS A MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS
 ARE OPERATED AS RENTAL HOUSING;
   (B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND
   (C) SATISFIES ONE OF THE FOLLOWING CONDITIONS:
   (I) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH BUILDING
 ARE AFFORDABLE RENTAL UNITS;
   (II) SUCH BUILDING IS OWNED AND OPERATED BY A  LIMITED-PROFIT  HOUSING
 COMPANY; OR
   (III)  SUCH  BUILDING  IS  THE  RECIPIENT  OF SUBSTANTIAL GOVERNMENTAL
 ASSISTANCE.
   (14) "EXISTING BUILDING" SHALL MEAN AN ENCLOSED STRUCTURE WHICH:
   (A) IS PERMANENTLY AFFIXED TO THE LAND;
   (B) HAS ONE OR MORE FLOORS AND A ROOF;
   (C) IS BOUNDED BY WALLS;
   (D) HAS AT LEAST ONE PRINCIPAL ENTRANCE UTILIZED FOR DAY-TO-DAY PEDES-
 TRIAN INGRESS AND EGRESS;
   (E) HAS A CERTIFICATE OF OCCUPANCY OR EQUIVALENT DOCUMENT THAT  IS  IN
 EFFECT PRIOR TO THE COMMENCEMENT DATE; AND
   (F)  EXCLUSIVE OF THE LAND, HAS AN ASSESSED VALUATION OF MORE THAN ONE
 THOUSAND DOLLARS FOR THE FISCAL YEAR IMMEDIATELY PRECEDING THE COMMENCE-
 MENT DATE.
   (15) "HOMEOWNERSHIP AVERAGE ASSESSED VALUATION LIMITATION" SHALL  MEAN
 AN  AVERAGE ASSESSED VALUATION OF FORTY-FIVE THOUSAND DOLLARS PER DWELL-
 ING UNIT.
   (16) "LIMITED-PROFIT HOUSING COMPANY" SHALL HAVE THE SAME  MEANING  AS
 "COMPANY"  SET  FORTH  IN  SECTION TWELVE OF THE PRIVATE HOUSING FINANCE
 LAW.
   (17) "MARKET RENTAL UNIT" SHALL MEAN A DWELLING UNIT  IN  AN  ELIGIBLE
 RENTAL BUILDING OTHER THAN AN AFFORDABLE RENTAL UNIT.
   (18)  "MARKETING  BAND"  SHALL  MEAN MAXIMUM RENT AMOUNTS RANGING FROM
 TWENTY PERCENT OF EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR
 FAMILY SIZE, TO THIRTY PERCENT OF EIGHTY  PERCENT  OF  THE  AREA  MEDIAN
 INCOME, ADJUSTED FOR FAMILY SIZE.
   (19)  "MINIMUM  SCOPE  OF WORK THRESHOLD" SHALL MEAN A TOTAL AMOUNT OF
 CERTIFIED REASONABLE COST ESTABLISHED BY RULES AND  REGULATIONS  OF  THE
 LOCAL  HOUSING  AGENCY,  PROVIDED THAT SUCH AMOUNT SHALL BE NO LESS THAN
 ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH DWELLING UNIT IN EXISTENCE ON
 THE COMPLETION DATE.
   (20) "MULTIPLE DWELLING" SHALL  HAVE  THE  MEANING  AS  SET  FORTH  IN
 SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   (21)  "MUTUAL  COMPANY" SHALL HAVE THE MEANING AS SET FORTH IN SECTION
 TWELVE OF THE PRIVATE HOUSING FINANCE LAW.
 S. 4006--A                         88                         A. 3006--A
 
   (22) "MUTUAL COMPANY REGULATORY AGREEMENT" SHALL MEAN  A  BINDING  AND
 IRREVOCABLE  AGREEMENT  BETWEEN A MUTUAL COMPANY AND THE COMMISSIONER OF
 HOUSING, THE MUTUAL COMPANY SUPERVISING AGENCY, THE NEW YORK CITY  HOUS-
 ING DEVELOPMENT CORPORATION, OR THE NEW YORK STATE HOUSING FINANCE AGEN-
 CY  PROHIBITING THE DISSOLUTION OR RECONSTITUTION OF SUCH MUTUAL COMPANY
 PURSUANT TO SECTION THIRTY-FIVE OF THE PRIVATE HOUSING FINANCE  LAW  FOR
 NOT  LESS  THAN  FIFTEEN  YEARS  FROM THE COMMENCEMENT OF REHABILITATION
 PROGRAM BENEFITS FOR THE EXISTING BUILDING OWNED AND  OPERATED  BY  SUCH
 MUTUAL COMPANY.
   (23)  "MUTUAL COMPANY SUPERVISING AGENCY" SHALL HAVE THE SAME MEANING,
 WITH RESPECT TO ANY MUTUAL COMPANY, AS "SUPERVISING AGENCY" SET FORTH IN
 SECTION TWO OF THE PRIVATE HOUSING FINANCE LAW.
   (24) "MUTUAL REDEVELOPMENT COMPANY" SHALL HAVE  THE  SAME  MEANING  AS
 "MUTUAL"  WHEN  APPLIED  TO  A  REDEVELOPMENT  COMPANY,  AS SET FORTH IN
 SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW.
   (25) "MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT" SHALL MEAN  A
 BINDING AND IRREVOCABLE AGREEMENT BETWEEN A MUTUAL REDEVELOPMENT COMPANY
 AND  THE  COMMISSIONER OF HOUSING, THE REDEVELOPMENT COMPANY SUPERVISING
 AGENCY, THE NEW YORK CITY HOUSING DEVELOPMENT CORPORATION,  OR  THE  NEW
 YORK  STATE HOUSING FINANCE AGENCY PROHIBITING THE DISSOLUTION OR RECON-
 STITUTION OF SUCH MUTUAL REDEVELOPMENT COMPANY PURSUANT TO  SECTION  ONE
 HUNDRED TWENTY-THREE OF THE PRIVATE HOUSING FINANCE LAW UNTIL THE EARLI-
 ER OF:
   (A)  FIFTEEN  YEARS  FROM  THE  COMMENCEMENT OF REHABILITATION PROGRAM
 BENEFITS FOR THE EXISTING BUILDING OWNED AND  OPERATED  BY  SUCH  MUTUAL
 REDEVELOPMENT COMPANY; OR
   (B)  THE  EXPIRATION OF ANY TAX EXEMPTION GRANTED TO SUCH MUTUAL REDE-
 VELOPMENT COMPANY PURSUANT TO SECTION ONE  HUNDRED  TWENTY-FIVE  OF  THE
 PRIVATE HOUSING FINANCE LAW.
   (26)  "REDEVELOPMENT COMPANY" SHALL HAVE THE SAME MEANING AS SET FORTH
 IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW.
   (27) "REDEVELOPMENT COMPANY SUPERVISING AGENCY" SHALL  HAVE  THE  SAME
 MEANING,  WITH  RESPECT  TO  ANY  REDEVELOPMENT COMPANY, AS "SUPERVISING
 AGENCY" SET FORTH IN SECTION ONE HUNDRED  TWO  OF  THE  PRIVATE  HOUSING
 FINANCE LAW.
   (28)  "REHABILITATION  PROGRAM  BENEFITS" SHALL MEAN ABATEMENT OF REAL
 PROPERTY TAXES PURSUANT TO THIS SUBDIVISION.
   (29) "RENT REGULATION" SHALL MEAN, COLLECTIVELY, THE EMERGENCY HOUSING
 RENT CONTROL LAW, ANY LOCAL LAW ENACTED PURSUANT TO THE LOCAL  EMERGENCY
 HOUSING RENT CONTROL ACT, THE RENT STABILIZATION 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-THREE
 THAT ADDED THIS SUBDIVISION, OR AS ANY SUCH STATUTE IS AMENDED THEREAFT-
 ER, TOGETHER WITH  ANY  SUCCESSOR  STATUTES  OR  REGULATIONS  ADDRESSING
 SUBSTANTIALLY THE SAME SUBJECT MATTER.
   (30)  "RESTRICTION PERIOD" SHALL MEAN, NOTWITHSTANDING ANY TERMINATION
 OR REVOCATION OF REHABILITATION PROGRAM BENEFITS PRIOR TO  SUCH  PERIOD,
 FIFTEEN  YEARS  FROM THE INITIAL RECEIPT OF REHABILITATION PROGRAM BENE-
 FITS, OR SUCH ADDITIONAL PERIOD OF TIME AS MAY BE  IMPOSED  PURSUANT  TO
 CLAUSE (A) OF SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS SUBDIVISION.
   (31)  "SUBSTANTIAL  GOVERNMENTAL ASSISTANCE" SHALL MEAN GRANTS, LOANS,
 OR SUBSIDIES FROM ANY FEDERAL, STATE OR  LOCAL  GOVERNMENTAL  AGENCY  OR
 INSTRUMENTALITY  IN  FURTHERANCE  OF  A  PROGRAM  FOR THE DEVELOPMENT OF
 AFFORDABLE HOUSING APPROVED BY THE LOCAL HOUSING AGENCY,  PROVIDED  THAT
 SUCH GRANTS, LOANS, OR SUBSIDIES ARE PROVIDED IN ACCORDANCE WITH A REGU-
 S. 4006--A                         89                         A. 3006--A
 
 LATORY  AGREEMENT  ENTERED INTO WITH SUCH AGENCY OR INSTRUMENTALITY THAT
 IS IN EFFECT AS OF THE FILING DATE OF THE APPLICATION FOR A  CERTIFICATE
 OF ELIGIBILITY AND REASONABLE COST.
   (32)  "SUBSTANTIAL  INTEREST"  SHALL MEAN AN OWNERSHIP INTEREST OF TEN
 PERCENT OR MORE.
   (B) ABATEMENT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION
 OF THIS SECTION OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
 ANY CITY TO WHICH  THE  MULTIPLE  DWELLING  LAW  IS  APPLICABLE,  ACTING
 THROUGH  ITS LOCAL LEGISLATIVE BODY OR OTHER GOVERNING AGENCY, IS HEREBY
 AUTHORIZED AND EMPOWERED, UNTIL AND INCLUDING JUNE THIRTIETH, TWO  THOU-
 SAND  TWENTY-FIVE, TO ADOPT AND AMEND LOCAL LAWS OR ORDINANCES PROVIDING
 AN ABATEMENT OF REAL PROPERTY TAXES ON AN  ELIGIBLE  BUILDING  IN  WHICH
 ELIGIBLE CONSTRUCTION HAS BEEN COMPLETED, PROVIDED THAT:
   (1)  SUCH  ABATEMENT SHALL NOT EXCEED SEVENTY PERCENT OF THE CERTIFIED
 REASONABLE COST OF THE ELIGIBLE CONSTRUCTION, AS DETERMINED UNDER  RULES
 AND REGULATIONS OF THE LOCAL HOUSING AGENCY;
   (2) SUCH ABATEMENT SHALL NOT BE EFFECTIVE FOR MORE THAN TWENTY YEARS;
   (3)  THE  ANNUAL  ABATEMENT  OF  REAL  PROPERTY TAXES ON SUCH ELIGIBLE
 BUILDING SHALL NOT EXCEED EIGHT  AND  ONE-THIRD  PERCENT  OF  THE  TOTAL
 CERTIFIED REASONABLE COST OF SUCH ELIGIBLE CONSTRUCTION;
   (4)  THE  ANNUAL  ABATEMENT  OF  REAL  PROPERTY TAXES ON SUCH ELIGIBLE
 BUILDING IN ANY CONSECUTIVE TWELVE-MONTH PERIOD SHALL IN NO EVENT EXCEED
 THE AMOUNT OF REAL PROPERTY TAXES PAYABLE IN  SUCH  TWELVE-MONTH  PERIOD
 FOR  SUCH  BUILDING,  PROVIDED,  HOWEVER,  THAT SUCH ABATEMENT SHALL NOT
 EXCEED FIFTY PERCENT OF THE AMOUNT OF REAL  PROPERTY  TAXES  PAYABLE  IN
 SUCH TWELVE-MONTH PERIOD FOR ANY OF THE FOLLOWING:
   (A)  AN  ELIGIBLE  RENTAL  BUILDING  OWNED BY A LIMITED-PROFIT HOUSING
 COMPANY OR A REDEVELOPMENT COMPANY; (B) AN ELIGIBLE HOMEOWNERSHIP BUILD-
 ING; AND
   (C) AN ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING; AND
   (5) SUCH ABATEMENT SHALL BECOME EFFECTIVE  BEGINNING  WITH  THE  FIRST
 QUARTERLY  TAX  BILL  IMMEDIATELY  FOLLOWING THE DATE OF ISSUANCE OF THE
 CERTIFICATE OF ELIGIBILITY AND REASONABLE COST.
   (C) AUTHORITY OF CITY TO ADOPT RULES AND REGULATIONS. ANY  SUCH  LOCAL
 LAW  OR ORDINANCE SHALL AUTHORIZE THE ADOPTION OF RULES AND REGULATIONS,
 NOT INCONSISTENT WITH THIS SUBDIVISION, BY THE LOCAL HOUSING AGENCY  AND
 ANY OTHER LOCAL AGENCY NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVI-
 SION.
   (D)  APPLICATIONS.  (1)  ANY SUCH LOCAL LAW OR ORDINANCE SHALL REQUIRE
 THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST
 PURSUANT TO THIS SUBDIVISION BE MADE AFTER THE COMPLETION DATE AND ON OR
 BEFORE THE LATER OF (A) FOUR MONTHS FROM  THE  EFFECTIVE  DATE  OF  SUCH
 LOCAL LAW OR ORDINANCE; OR (B) FOUR MONTHS FROM SUCH COMPLETION DATE.
   (2)  SUCH  APPLICATION SHALL INCLUDE EVIDENCE OF ELIGIBILITY FOR REHA-
 BILITATION PROGRAM BENEFITS AND EVIDENCE OF REASONABLE COST AS SHALL  BE
 SATISFACTORY  TO THE LOCAL HOUSING AGENCY INCLUDING, BUT NOT LIMITED TO,
 EVIDENCE SHOWING THE COST OF ELIGIBLE CONSTRUCTION.
   (3) THE LOCAL HOUSING AGENCY SHALL REQUIRE A NON-REFUNDABLE FILING FEE
 THAT SHALL BE PAID BY A CERTIFIED CHECK  OR  CASHIER'S  CHECK  UPON  THE
 FILING OF AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE
 COST.  SUCH FEE SHALL BE (A) ONE THOUSAND DOLLARS, PLUS (B) SEVENTY-FIVE
 DOLLARS FOR EACH DWELLING UNIT IN EXCESS OF SIX DWELLING  UNITS  IN  THE
 ELIGIBLE BUILDING THAT IS THE SUBJECT OF SUCH APPLICATION.
   (4)  ANY  APPLICATION THAT IS FILED PURSUANT TO THIS PARAGRAPH THAT IS
 MISSING ANY OF THE INFORMATION AND  DOCUMENTATION  REQUIRED  AT  INITIAL
 FILING  BY  SUCH LOCAL LAW OR ORDINANCE AND ANY RULES AND REGULATIONS OF
 S. 4006--A                         90                         A. 3006--A
 
 THE LOCAL HOUSING AGENCY SHALL BE DENIED, PROVIDED THAT A  NEW  APPLICA-
 TION FOR THE SAME ELIGIBLE CONSTRUCTION, TOGETHER WITH A NEW NON-REFUND-
 ABLE  FILING  FEE, MAY BE FILED WITHIN FIFTEEN DAYS OF THE DATE OF ISSU-
 ANCE OF SUCH DENIAL. IF SUCH SECOND APPLICATION IS ALSO MISSING ANY SUCH
 REQUIRED  INFORMATION  AND  DOCUMENTATION,  IT  SHALL  BE  DENIED AND NO
 FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMIT-
 TED.
   (5) THE FAILURE OF AN APPLICANT TO RESPOND  TO  ANY  CHECKLIST  WITHIN
 THIRTY  DAYS  OF  THE  DATE  OF ITS ISSUANCE BY THE LOCAL HOUSING AGENCY
 SHALL RESULT IN DENIAL OF SUCH APPLICATION, AND NO FURTHER  APPLICATIONS
 FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMITTED. THE LOCAL HOUSING
 AGENCY  SHALL  ISSUE  NOT MORE THAN THREE CHECKLISTS PER APPLICATION. AN
 APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE  COST  SHALL
 BE DENIED WHEN THE LOCAL HOUSING AGENCY DOES NOT HAVE A SUFFICIENT BASIS
 TO  ISSUE  A  CERTIFICATE  OF  ELIGIBILITY AND REASONABLE COST AFTER THE
 TIMELY RESPONSE OF AN APPLICANT TO THE THIRD CHECKLIST  CONCERNING  SUCH
 APPLICATION.    AFTER THE LOCAL HOUSING AGENCY HAS DENIED AN APPLICATION
 FOR THE REASON DESCRIBED IN THE PRECEDING SENTENCE,  SUCH  AGENCY  SHALL
 PERMIT NO FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION.
   (6)  AN  APPLICATION  FOR  A CERTIFICATE OF ELIGIBILITY AND REASONABLE
 COST SHALL ALSO INCLUDE AN AFFIDAVIT OF NO HARASSMENT.
   (A) SUCH AFFIDAVIT SHALL SET FORTH THE FOLLOWING INFORMATION:
   (I) THE NAME OF EVERY OWNER OF  RECORD  AND  OWNER  OF  A  SUBSTANTIAL
 INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING
 OR SPONSORING THE ELIGIBLE CONSTRUCTION; AND
   (II)  A STATEMENT THAT NONE OF SUCH PERSONS HAD, WITHIN THE FIVE YEARS
 PRIOR TO THE COMPLETION DATE, BEEN FOUND TO HAVE HARASSED OR  UNLAWFULLY
 EVICTED  TENANTS  BY  JUDGMENT  OR  DETERMINATION  OF A COURT OR AGENCY,
 INCLUDING A NON-GOVERNMENTAL AGENCY HAVING APPROPRIATE  LEGAL  JURISDIC-
 TION,  UNDER  THE  PENAL LAW, ANY STATE OR LOCAL LAW REGULATING RENTS OR
 ANY STATE OR LOCAL LAW RELATING TO HARASSMENT  OF  TENANTS  OR  UNLAWFUL
 EVICTION.
   (B)  NO  ELIGIBLE BUILDING SHALL BE ELIGIBLE FOR AN ABATEMENT PURSUANT
 TO PARAGRAPH (B) OF THIS SUBDIVISION WHERE:
   (I) ANY AFFIDAVIT REQUIRED UNDER THIS SUBPARAGRAPH HAS NOT BEEN FILED;
   (II) ANY SUCH AFFIDAVIT CONTAINS A WILLFUL MISREPRESENTATION OR  OMIS-
 SION OF ANY MATERIAL FACT; OR
   (III)  ANY  OWNER  OF RECORD OR OWNER OF A SUBSTANTIAL INTEREST IN THE
 ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING  OR  SPONSORING
 THE  ELIGIBLE  CONSTRUCTION HAS BEEN FOUND, BY JUDGMENT OR DETERMINATION
 OF A COURT OR AGENCY, INCLUDING A NON-GOVERNMENTAL AGENCY HAVING  APPRO-
 PRIATE  LEGAL  JURISDICTION, UNDER THE PENAL LAW, ANY STATE OR LOCAL LAW
 REGULATING RENTS OR ANY STATE OR LOCAL LAW  RELATING  TO  HARASSMENT  OF
 TENANTS  OR  UNLAWFUL  EVICTION, TO HAVE, WITHIN THE FIVE YEARS PRIOR TO
 THE COMPLETION DATE, HARASSED OR UNLAWFULLY EVICTED TENANTS,  UNTIL  AND
 UNLESS THE FINDING IS REVERSED ON APPEAL.
   (C)  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
 LAW TO THE CONTRARY, THE CORPORATION COUNSEL OR  OTHER  LEGAL  REPRESEN-
 TATIVE  OF  A  CITY  HAVING  A  POPULATION OF ONE MILLION OR MORE OR THE
 DISTRICT ATTORNEY OF ANY COUNTY, MAY INSTITUTE AN ACTION  OR  PROCEEDING
 IN ANY COURT OF COMPETENT JURISDICTION THAT MAY BE APPROPRIATE OR NECES-
 SARY  TO DETERMINE WHETHER ANY OWNER OF RECORD OR OWNER OF A SUBSTANTIAL
 INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING
 OR SPONSORING THE  ELIGIBLE  CONSTRUCTION  HAS  HARASSED  OR  UNLAWFULLY
 EVICTED TENANTS AS DESCRIBED IN THIS SUBPARAGRAPH.
 S. 4006--A                         91                         A. 3006--A
 
   (7)  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
 LAW TO THE CONTRARY, THE LOCAL HOUSING AGENCY MAY REQUIRE BY  RULES  AND
 REGULATIONS  THAT  AN  APPLICATION  FOR A CERTIFICATE OF ELIGIBILITY AND
 REASONABLE COST BE FILED ELECTRONICALLY.
   (E) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL BUILDING OTHER THAN
 ONE  OWNED  AND  OPERATED  BY A LIMITED-PROFIT HOUSING COMPANY. ANY SUCH
 LOCAL LAW OR ORDINANCE SHALL, IN ADDITION TO  ALL  OTHER  CONDITIONS  OF
 ELIGIBILITY FOR REHABILITATION PROGRAM BENEFITS SET FORTH IN THIS SUBDI-
 VISION,  REQUIRE  THAT AN ELIGIBLE RENTAL BUILDING, OTHER THAN ONE OWNED
 AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY, ALSO COMPLY  WITH  ALL
 PROVISIONS OF THIS PARAGRAPH. NOTWITHSTANDING THE FOREGOING, AN ELIGIBLE
 RENTAL  BUILDING  THAT  IS  THE  RECIPIENT  OF  SUBSTANTIAL GOVERNMENTAL
 ASSISTANCE SHALL NOT BE  REQUIRED  TO  COMPLY  WITH  THE  PROVISIONS  OF
 SUBPARAGRAPH THREE OF THIS PARAGRAPH.
   (1)  NOTWITHSTANDING ANY PROVISION OF RENT REGULATION TO THE CONTRARY,
 ANY MARKET RENTAL UNIT WITHIN SUCH ELIGIBLE RENTAL BUILDING  SUBJECT  TO
 RENT  REGULATION  AS OF THE FILING DATE OF THE APPLICATION FOR A CERTIF-
 ICATE OF ELIGIBILITY AND REASONABLE COST AND ANY AFFORDABLE RENTAL  UNIT
 WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE SUBJECT TO RENT REGULATION
 UNTIL  SUCH  UNIT  FIRST  BECOMES  VACANT  AFTER  THE  EXPIRATION OF THE
 RESTRICTION PERIOD AT WHICH TIME SUCH UNIT, UNLESS IT WOULD  BE  SUBJECT
 TO  RENT REGULATION FOR REASONS OTHER THAN THE PROVISIONS OF THIS SUBDI-
 VISION,  SHALL  BE  DEREGULATED,  PROVIDED,  HOWEVER,  THAT  DURING  THE
 RESTRICTION  PERIOD,  NO  EXEMPTION OR EXCLUSION FROM ANY REQUIREMENT OF
 RENT REGULATION SHALL APPLY TO SUCH DWELLING UNITS.
   (2) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL  BUILDING  THAT  IS
 NOT A RECIPIENT OF SUBSTANTIAL GOVERNMENTAL ASSISTANCE.
   (A) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH ELIGIBLE
 RENTAL BUILDING SHALL BE DESIGNATED AS AFFORDABLE RENTAL UNITS.
   (B)  THE  OWNER  OF SUCH ELIGIBLE RENTAL BUILDING SHALL ENSURE THAT NO
 AFFORDABLE RENTAL UNIT IS HELD OFF THE MARKET FOR A PERIOD THAT IS LONG-
 ER THAN REASONABLY NECESSARY.
   (C) THE OWNER  OF  SUCH  ELIGIBLE  RENTAL  BUILDING  SHALL  WAIVE  THE
 COLLECTION OF ANY MAJOR CAPITAL IMPROVEMENT RENT INCREASE GRANTED BY THE
 NEW  YORK  STATE  DIVISION  OF HOUSING AND COMMUNITY RENEWAL PURSUANT TO
 RENT REGULATION THAT IS ATTRIBUTABLE TO ELIGIBLE CONSTRUCTION FOR  WHICH
 SUCH  ELIGIBLE RENTAL BUILDING RECEIVES REHABILITATION PROGRAM BENEFITS,
 AND SHALL FILE A DECLARATION WITH THE NEW YORK STATE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL PROVIDING SUCH WAIVER.
   (D) AN AFFORDABLE RENTAL UNIT SHALL NOT  BE  RENTED  ON  A  TEMPORARY,
 TRANSIENT  OR  SHORT-TERM  BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN
 AFFORDABLE RENTAL UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS,  AT  THE
 OPTION  OF  THE  TENANT,  AND SHALL INCLUDE A NOTICE IN AT LEAST TWELVE-
 POINT TYPE INFORMING SUCH TENANT OF THEIR RIGHTS PURSUANT TO THIS SUBDI-
 VISION, INCLUDING AN EXPLANATION OF THE RESTRICTIONS ON  RENT  INCREASES
 THAT MAY BE IMPOSED ON SUCH AFFORDABLE RENTAL UNIT.
   (E)  THE  LOCAL  HOUSING AGENCY MAY ESTABLISH BY RULES AND REGULATIONS
 SUCH REQUIREMENTS AS THE LOCAL HOUSING AGENCY DEEMS NECESSARY OR  APPRO-
 PRIATE  FOR  DESIGNATING  AFFORDABLE  RENTAL  UNITS,  INCLUDING, BUT NOT
 LIMITED TO, DESIGNATING THE UNIT MIX AND  DISTRIBUTION  REQUIREMENTS  OF
 SUCH AFFORDABLE RENTAL UNITS IN AN ELIGIBLE BUILDING.
   (3)  THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL NOT ENGAGE IN OR
 CAUSE ANY HARASSMENT OF THE TENANTS OF SUCH ELIGIBLE RENTAL BUILDING  OR
 UNLAWFULLY EVICT ANY SUCH TENANTS DURING THE RESTRICTION PERIOD.
 S. 4006--A                         92                         A. 3006--A
 
   (4)  NO  DWELLING  UNITS WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE
 CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP DURING THE RESTRICTION
 PERIOD.
   (5)  ANY  NON-COMPLIANCE  OF  AN  ELIGIBLE  RENTAL  BUILDING  WITH THE
 PROVISIONS OF THIS PARAGRAPH SHALL PERMIT THE LOCAL  HOUSING  AGENCY  TO
 TAKE THE FOLLOWING ACTION:
   (A) EXTEND THE RESTRICTION PERIOD;
   (B)  INCREASE  THE  NUMBER OF AFFORDABLE RENTAL UNITS IN SUCH ELIGIBLE
 RENTAL BUILDING;
   (C) IMPOSE A PENALTY OF NOT MORE THAN  THE  PRODUCT  OF  ONE  THOUSAND
 DOLLARS  PER INSTANCE OF NON-COMPLIANCE AND THE NUMBER OF DWELLING UNITS
 CONTAINED IN SUCH ELIGIBLE RENTAL BUILDING; AND
   (D) TERMINATE OR REVOKE ANY REHABILITATION PROGRAM BENEFITS IN ACCORD-
 ANCE WITH PARAGRAPH (M) OF THIS SUBDIVISION.
   (F) COMPLIANCE WITH APPLICABLE LAW. ANY SUCH LOCAL  LAW  OR  ORDINANCE
 MAY  ALSO  PROVIDE  THAT  REHABILITATION  PROGRAM  BENEFITS SHALL NOT BE
 ALLOWED FOR ANY ELIGIBLE BUILDING UNLESS AND UNTIL SUCH ELIGIBLE  BUILD-
 ING COMPLIES WITH ALL APPLICABLE PROVISIONS OF LAW.
   (G)  IMPLEMENTATION  OF REHABILITATION PROGRAM BENEFITS. UPON ISSUANCE
 OF A CERTIFICATE OF ELIGIBILITY  AND  REASONABLE  COST  AND  PAYMENT  OF
 OUTSTANDING FEES, THE LOCAL HOUSING AGENCY SHALL BE AUTHORIZED TO TRANS-
 MIT  SUCH  CERTIFICATE  OF  ELIGIBILITY AND REASONABLE COST TO THE LOCAL
 AGENCY RESPONSIBLE FOR REAL PROPERTY TAX ASSESSMENT.  UPON RECEIPT OF  A
 CERTIFICATE OF ELIGIBILITY AND REASONABLE COST, THE LOCAL AGENCY RESPON-
 SIBLE FOR REAL PROPERTY TAX ASSESSMENT SHALL CERTIFY THE AMOUNT OF TAXES
 TO  BE ABATED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND PURSUANT
 TO SUCH CERTIFICATE OF ELIGIBILITY AND REASONABLE COST PROVIDED  BY  THE
 LOCAL HOUSING AGENCY.
   (H)  OUTSTANDING  TAXES  AND  CHARGES. ANY SUCH LOCAL LAW OR ORDINANCE
 SHALL ALSO PROVIDE THAT REHABILITATION PROGRAM  BENEFITS  SHALL  NOT  BE
 ALLOWED FOR AN ELIGIBLE BUILDING IN EITHER OF THE FOLLOWING CASES:
   (1) THERE ARE OUTSTANDING REAL ESTATE TAXES OR WATER AND SEWER CHARGES
 OR  PAYMENTS  IN LIEU OF TAXES THAT ARE DUE AND OWING AS OF THE LAST DAY
 OF THE TAX PERIOD PRECEDING THE DATE OF THE RECEIPT OF  THE  CERTIFICATE
 OF  ELIGIBILITY  AND REASONABLE COST BY THE LOCAL AGENCY RESPONSIBLE FOR
 REAL PROPERTY TAX ASSESSMENT; OR
   (2) REAL ESTATE TAXES OR WATER AND  SEWER  CHARGES  DUE  AT  ANY  TIME
 DURING  THE  AUTHORIZED TERM OF SUCH BENEFITS REMAIN UNPAID FOR ONE YEAR
 AFTER THE SAME ARE DUE AND PAYABLE.
   (I) ADDITIONAL LIMITATIONS ON ELIGIBILITY. ANY SUCH LOCAL LAW OR ORDI-
 NANCE SHALL ALSO PROVIDE THAT:
   (1) REHABILITATION PROGRAM BENEFITS  SHALL  NOT  BE  ALLOWED  FOR  ANY
 ELIGIBLE  BUILDING RECEIVING TAX EXEMPTION OR ABATEMENT CONCURRENTLY FOR
 REHABILITATION OR NEW CONSTRUCTION UNDER ANY OTHER PROVISION OF STATE OR
 LOCAL LAW OR ORDINANCE WITH THE EXCEPTION OF ANY  ELIGIBLE  CONSTRUCTION
 TO AN ELIGIBLE BUILDING RECEIVING A TAX EXEMPTION OR ABATEMENT UNDER THE
 PROVISIONS OF THE PRIVATE HOUSING FINANCE LAW;
   (2)  REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR ANY ITEM
 OF ELIGIBLE CONSTRUCTION IN AN ELIGIBLE BUILDING IF SUCH ELIGIBLE BUILD-
 ING IS RECEIVING TAX EXEMPTION OR ABATEMENT FOR THE SAME  OR  A  SIMILAR
 ITEM  OF ELIGIBLE CONSTRUCTION AS OF THE DECEMBER THIRTY-FIRST PRECEDING
 THE DATE OF APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND  REASONABLE
 COST FOR SUCH REHABILITATION PROGRAM BENEFITS;
   (3)  WHERE THE ELIGIBLE CONSTRUCTION INCLUDES OR BENEFITS A PORTION OF
 AN ELIGIBLE BUILDING THAT IS NOT OCCUPIED  FOR  DWELLING  PURPOSES,  THE
 ASSESSED  VALUATION OF SUCH ELIGIBLE BUILDING AND THE COST OF THE ELIGI-
 S. 4006--A                         93                         A. 3006--A

 BLE CONSTRUCTION SHALL BE APPORTIONED  SO  THAT  REHABILITATION  PROGRAM
 BENEFITS  SHALL NOT BE PROVIDED FOR ELIGIBLE CONSTRUCTION MADE FOR OTHER
 THAN DWELLING PURPOSES; AND
   (4)  REHABILITATION  PROGRAM BENEFITS SHALL NOT BE APPLIED TO ABATE OR
 REDUCE THE TAXES UPON THE LAND PORTION OF  REAL  PROPERTY,  WHICH  SHALL
 CONTINUE  TO  BE TAXED BASED UPON THE ASSESSED VALUATION OF THE LAND AND
 THE APPLICABLE TAX RATE AT THE TIME SUCH TAXES ARE LEVIED.
   (J) RE-INSPECTION PENALTY. ANY SUCH LOCAL LAW OR ORDINANCE SHALL  ALSO
 PROVIDE  THAT  IF  THE  LOCAL  HOUSING AGENCY CANNOT VERIFY THE ELIGIBLE
 CONSTRUCTION CLAIMED BY AN APPLICANT UPON THE FIRST  INSPECTION  BY  THE
 LOCAL  HOUSING  AGENCY OF THE ELIGIBLE BUILDING, SUCH APPLICANT SHALL BE
 REQUIRED TO PAY TEN TIMES THE ACTUAL COST OF ANY  ADDITIONAL  INSPECTION
 NEEDED TO VERIFY SUCH ELIGIBLE CONSTRUCTION.
   (K)  STRICT  LIABILITY FOR INACCURATE APPLICATIONS. ANY SUCH LOCAL LAW
 OR ORDINANCE SHALL ALSO PROVIDE THAT IF THE LOCAL HOUSING AGENCY  DETER-
 MINES  THAT  AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASON-
 ABLE COST CONTAINS A MATERIAL MISSTATEMENT OF FACT,  THE  LOCAL  HOUSING
 AGENCY  MAY  REJECT SUCH APPLICATION AND BAR THE SUBMISSION OF ANY OTHER
 APPLICATION PURSUANT TO THIS SUBDIVISION WITH RESPECT TO  SUCH  ELIGIBLE
 BUILDING  FOR A PERIOD NOT TO EXCEED THREE YEARS. AN APPLICANT SHALL NOT
 BE RELIEVED FROM LIABILITY UNDER THIS PARAGRAPH BECAUSE IT SUBMITTED ITS
 APPLICATION UNDER A MISTAKEN BELIEF OF FACT.  FURTHERMORE, ANY PERSON OR
 ENTITY THAT FILES MORE THAN SIX APPLICATIONS CONTAINING SUCH A  MATERIAL
 MISSTATEMENT OF FACT WITHIN ANY TWELVE-MONTH PERIOD SHALL BE BARRED FROM
 SUBMITTING  ANY  NEW  APPLICATION FOR REHABILITATION PROGRAM BENEFITS ON
 BEHALF OF ANY ELIGIBLE BUILDING FOR A PERIOD NOT TO EXCEED FIVE YEARS.
   (L) INVESTIGATORY AUTHORITY. ANY SUCH LOCAL  LAW  OR  ORDINANCE  SHALL
 ALSO  ALLOW  THE LOCAL HOUSING AGENCY TO REQUIRE SUCH CERTIFICATIONS AND
 CONSENTS NECESSARY TO ACCESS RECORDS, INCLUDING OTHER  TAX  RECORDS,  AS
 MAY  BE  DEEMED  APPROPRIATE  TO ENFORCE THE ELIGIBILITY REQUIREMENTS OF
 THIS SUBDIVISION. ANY SUCH LOCAL LAW OR ORDINANCE SHALL FURTHER  PROVIDE
 THAT,  FOR  PURPOSES OF DETERMINING AND CERTIFYING ELIGIBILITY FOR REHA-
 BILITATION PROGRAM BENEFITS AND THE  REASONABLE  COST  OF  ANY  ELIGIBLE
 CONSTRUCTION, THE LOCAL HOUSING AGENCY SHALL BE AUTHORIZED TO:
   (1)  ADMINISTER OATHS TO AND TAKE THE TESTIMONY OF ANY PERSON, INCLUD-
 ING, BUT NOT LIMITED TO, THE OWNER OF SUCH ELIGIBLE BUILDING;
   (2) ISSUE SUBPOENAS REQUIRING THE ATTENDANCE OF SUCH PERSONS  AND  THE
 PRODUCTION OF ANY BILLS, BOOKS, PAPERS OR OTHER DOCUMENTS AS IT MAY DEEM
 NECESSARY;
   (3)  MAKE PRELIMINARY ESTIMATES OF THE MAXIMUM REASONABLE COST OF SUCH
 ELIGIBLE CONSTRUCTION;
   (4) ESTABLISH MAXIMUM ALLOWABLE COSTS OF SPECIFIED UNITS, FIXTURES  OR
 WORK IN SUCH ELIGIBLE CONSTRUCTION;
   (5)  REQUIRE THE SUBMISSION OF PLANS AND SPECIFICATIONS OF SUCH ELIGI-
 BLE CONSTRUCTION BEFORE THE COMMENCEMENT THEREOF;
   (6) REQUIRE PHYSICAL ACCESS TO INSPECT THE ELIGIBLE BUILDING; AND
   (7) ON AN ANNUAL BASIS, REQUIRE  THE  SUBMISSION  OF  LEASES  FOR  ANY
 DWELLING  UNIT  IN  A  BUILDING GRANTED A CERTIFICATE OF ELIGIBILITY AND
 REASONABLE COST.
   (M) TERMINATION OR REVOCATION. ANY SUCH LOCAL LAW OR  ORDINANCE  SHALL
 PROVIDE  THAT FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION,
 ANY SUCH LOCAL LAW OR ORDINANCE, ANY RULES AND  REGULATIONS  PROMULGATED
 THEREUNDER,  OR  ANY MUTUAL COMPANY REGULATORY AGREEMENT OR MUTUAL REDE-
 VELOPMENT COMPANY REGULATORY  AGREEMENT  ENTERED  INTO  THEREUNDER,  MAY
 RESULT  IN REVOCATION OF ANY REHABILITATION PROGRAM BENEFITS RETROACTIVE
 TO THE COMMENCEMENT THEREOF. SUCH TERMINATION OR  REVOCATION  SHALL  NOT
 S. 4006--A                         94                         A. 3006--A
 
 EXEMPT  SUCH  ELIGIBLE  BUILDING  FROM  CONTINUED  COMPLIANCE  WITH  THE
 REQUIREMENTS OF THIS SUBDIVISION, SUCH  LOCAL  LAW  OR  ORDINANCE,  SUCH
 RULES  AND  REGULATIONS, AND SUCH MUTUAL COMPANY REGULATORY AGREEMENT OR
 MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT.
   (N)  CRIMINAL  LIABILITY  FOR UNAUTHORIZED USES. ANY SUCH LOCAL LAW OR
 ORDINANCE SHALL ALSO PROVIDE THAT IN THE EVENT  THAT  ANY  RECIPIENT  OF
 REHABILITATION  PROGRAM BENEFITS USES ANY DWELLING UNIT IN SUCH ELIGIBLE
 BUILDING IN VIOLATION OF THE REQUIREMENTS OF SUCH LOCAL LAW OR ORDINANCE
 AS ADOPTED PURSUANT TO THIS SUBDIVISION AND ANY  RULES  AND  REGULATIONS
 PROMULGATED  PURSUANT  THERETO,  SUCH  RECIPIENT  SHALL  BE GUILTY OF AN
 UNCLASSIFIED MISDEMEANOR PUNISHABLE BY A FINE IN AN AMOUNT EQUIVALENT TO
 DOUBLE THE VALUE OF THE GAIN OF SUCH RECIPIENT FROM SUCH UNLAWFUL USE OR
 IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BOTH.
   (O) PRIVATE RIGHT OF  ACTION.  ANY  PROSPECTIVE,  PRESENT,  OR  FORMER
 TENANT  OF  AN  ELIGIBLE RENTAL BUILDING MAY SUE TO ENFORCE THE REQUIRE-
 MENTS AND PROHIBITIONS OF THIS SUBDIVISION, ANY SUCH LOCAL LAW OR  ORDI-
 NANCE,  OR  ANY  RULES  AND  REGULATIONS  PROMULGATED THEREUNDER, IN THE
 SUPREME COURT OF NEW YORK. ANY SUCH INDIVIDUAL HARMED  BY  REASON  OF  A
 VIOLATION  OF SUCH REQUIREMENTS AND PROHIBITIONS MAY SUE THEREFOR IN THE
 SUPREME COURT OF NEW YORK ON BEHALF OF HIMSELF  OR  HERSELF,  AND  SHALL
 RECOVER  THREEFOLD  THE  DAMAGES  SUSTAINED  AND  THE  COST OF THE SUIT,
 INCLUDING A REASONABLE ATTORNEY'S FEE. THE LOCAL HOUSING AGENCY MAY  USE
 ANY  COURT DECISION UNDER THIS PARAGRAPH THAT IS ADVERSE TO THE OWNER OF
 AN ELIGIBLE BUILDING  AS  THE  BASIS  FOR  FURTHER  ENFORCEMENT  ACTION.
 NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, AN ACTION BY A TENANT OF AN
 ELIGIBLE RENTAL BUILDING UNDER THIS PARAGRAPH MUST BE  COMMENCED  WITHIN
 SIX YEARS FROM THE DATE OF THE LATEST VIOLATION.
   (P)  APPOINTMENT OF RECEIVER. IN ADDITION TO THE REMEDIES FOR NON-COM-
 PLIANCE PROVIDED FOR IN SUBPARAGRAPH  FIVE  OF  PARAGRAPH  (E)  OF  THIS
 SUBDIVISION,  ANY  SUCH LOCAL LAW OR ORDINANCE MAY ALSO PROVIDE THAT THE
 LOCAL HOUSING AGENCY MAY MAKE  APPLICATION  FOR  THE  APPOINTMENT  OF  A
 RECEIVER  IN  ACCORDANCE WITH THE PROCEDURES CONTAINED IN SUCH LOCAL LAW
 OR ORDINANCE. ANY RECEIVER APPOINTED PURSUANT TO THIS PARAGRAPH SHALL BE
 AUTHORIZED, IN ADDITION TO ANY OTHER POWERS CONFERRED BY LAW, TO  EFFECT
 COMPLIANCE  WITH  THE  PROVISIONS OF THIS SUBDIVISION, SUCH LOCAL LAW OR
 ORDINANCE, AND RULES AND REGULATIONS OF THE LOCAL  HOUSING  AGENCY.  ANY
 EXPENDITURES  INCURRED  BY  THE RECEIVER TO EFFECT SUCH COMPLIANCE SHALL
 CONSTITUTE A DEBT OF THE OWNER AND A LIEN UPON THE  PROPERTY,  AND  UPON
 THE  RENTS  AND  INCOME  THEREOF,  IN  ACCORDANCE  WITH  THE  PROCEDURES
 CONTAINED IN SUCH LOCAL LAW OR ORDINANCE. THE LOCAL  HOUSING  AGENCY  IN
 ITS  DISCRETION  MAY  PROVIDE  FUNDS TO BE EXPENDED BY THE RECEIVER, AND
 SUCH FUNDS SHALL CONSTITUTE A DEBT RECOVERABLE FROM THE OWNER IN ACCORD-
 ANCE WITH APPLICABLE LOCAL LAWS OR ORDINANCES.
   (R) AUTHORITY OF CITY TO LIMIT LOCAL  LAW.  WHERE  A  CITY  ENACTS  OR
 AMENDS  A  LOCAL LAW OR ORDINANCE UNDER THIS SUBDIVISION, SUCH LOCAL LAW
 OR ORDINANCE MAY RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY, SCOPE  OR
 AMOUNT  OF  REHABILITATION PROGRAM BENEFITS UNDER THE LOCAL LAW OR ORDI-
 NANCE IN ANY MANNER, PROVIDED THAT THE LOCAL LAW OR  ORDINANCE  MAY  NOT
 GRANT  REHABILITATION  PROGRAM  BENEFITS  BEYOND  THOSE PROVIDED IN THIS
 SUBDIVISION.
   § 2. This act shall take effect immediately.
 
                                  PART N
 
   Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 421-p to read as follows:
 S. 4006--A                         95                         A. 3006--A
 
   §  421-P. EXEMPTION OF NEWLY-CONSTRUCTED RENTAL MULTIPLE DWELLINGS. 1.
 (A) A CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION
 OF RENTAL MULTIPLE DWELLINGS CONSTRUCTED IN A BENEFIT AREA DESIGNATED IN
 SUCH LOCAL LAW FROM TAXATION AND SPECIAL AD VALOREM LEVIES, AS  PROVIDED
 IN  THIS  SECTION.  SUBSEQUENT  TO THE ADOPTION OF SUCH A LOCAL LAW, ANY
 OTHER MUNICIPAL CORPORATION IN WHICH  THE  DESIGNATED  BENEFIT  AREA  IS
 LOCATED  MAY LIKEWISE EXEMPT SUCH PROPERTY FROM ITS TAXATION AND SPECIAL
 AD VALOREM LEVIES BY LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT,  BY
 RESOLUTION.
   (B)  AS  USED  IN THIS SECTION, THE TERM "BENEFIT AREA" MEANS THE AREA
 WITHIN A CITY, TOWN OR VILLAGE, DESIGNATED BY LOCAL  LAW,  TO  WHICH  AN
 EXEMPTION, ESTABLISHED PURSUANT TO THIS SECTION, APPLIES.
   (C)  THE TERM "RENTAL MULTIPLE DWELLING" MEANS A STRUCTURE, OTHER THAN
 A HOTEL, CONSISTING OF TWENTY OR MORE DWELLING UNITS, WHERE ALL  OF  THE
 UNITS  ARE  RENTED FOR RESIDENTIAL PURPOSES, AND AT LEAST TWENTY PERCENT
 OF SUCH UNITS, UPON INITIAL  RENTAL  AND  UPON  EACH  SUBSEQUENT  RENTAL
 FOLLOWING  A  VACANCY  DURING  THE  BENEFIT  PERIOD IS AFFORDABLE TO AND
 RESTRICTED TO OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES  WHOSE  HOUSEHOLD
 INCOME  DOES  NOT  EXCEED  EIGHTY  PERCENT  OF  THE  AREA MEDIAN INCOME,
 ADJUSTED FOR FAMILY SIZE, ON AVERAGE, AT THE TIME THAT  SUCH  HOUSEHOLDS
 INITIALLY  OCCUPY  SUCH DWELLING UNITS, PROVIDED FURTHER THAT ALL OF THE
 INCOME RESTRICTED UNITS UPON INITIAL RENTAL  AND  UPON  EACH  SUBSEQUENT
 RENTAL FOLLOWING A VACANCY DURING THE BENEFIT PERIOD SHALL BE AFFORDABLE
 TO  AND  RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSE-
 HOLD INCOME DOES NOT EXCEED ONE  HUNDRED  PERCENT  OF  THE  AREA  MEDIAN
 INCOME,  ADJUSTED  FOR  FAMILY  SIZE,  AT  THE TIME THAT SUCH HOUSEHOLDS
 INITIALLY OCCUPY SUCH DWELLING UNITS. SUCH RESTRICTION PERIOD  SHALL  BE
 IN  EFFECT  COTERMINOUS WITH THE BENEFIT PERIOD, PROVIDED, HOWEVER, THAT
 THE TENANT OR TENANTS IN AN INCOME RESTRICTED DWELLING UNIT AT THE  TIME
 SUCH  RESTRICTION  PERIOD ENDS SHALL HAVE THE RIGHT TO LEASE RENEWALS AT
 THE INCOME RESTRICTED LEVEL UNTIL SUCH TIME AS SUCH  TENANT  OR  TENANTS
 PERMANENTLY VACATE THE DWELLING UNIT.
   2.  ELIGIBLE  NEWLY-CONSTRUCTED  RENTAL MULTIPLE DWELLINGS IN A DESIG-
 NATED BENEFIT AREA SHALL BE WHOLLY  EXEMPT  FROM  TAXATION  WHILE  UNDER
 CONSTRUCTION,  SUBJECT  TO A MAXIMUM OF THREE YEARS. SUCH PROPERTY SHALL
 THEN BE EXEMPT FOR AN ADDITIONAL PERIOD OF TWENTY-FIVE YEARS,  PROVIDED,
 THAT  THE  EXEMPTION PERCENTAGE DURING SUCH ADDITIONAL PERIOD OF TWENTY-
 FIVE YEARS SHALL BEGIN AT NINETY-SIX PERCENT AND SHALL DECREASE BY  FOUR
 PERCENT EACH YEAR THEREAFTER. PROVIDED, HOWEVER:
   (A)  TAXES  SHALL  BE PAID DURING THE EXEMPTION PERIOD IN AN AMOUNT AT
 LEAST EQUAL TO THE TAXES PAID ON SUCH LAND AND ANY IMPROVEMENTS  THEREON
 DURING THE TAX YEAR PRECEDING THE COMMENCEMENT OF SUCH EXEMPTION.
   (B)  NO  OTHER  EXEMPTION  MAY  BE  GRANTED  CONCURRENTLY  TO THE SAME
 IMPROVEMENTS UNDER ANY OTHER SECTION OF LAW.
   3. TO BE ELIGIBLE FOR EXEMPTION UNDER THIS SECTION, SUCH  CONSTRUCTION
 SHALL  TAKE PLACE ON VACANT, PREDOMINANTLY VACANT OR UNDERUTILIZED LAND,
 OR ON LAND IMPROVED WITH A NON-CONFORMING USE OR ON LAND CONTAINING  ONE
 OR  MORE  SUBSTANDARD  OR  STRUCTURALLY UNSOUND DWELLINGS, OR A DWELLING
 THAT HAS BEEN CERTIFIED AS UNSANITARY BY THE LOCAL HEALTH AGENCY.
   4. APPLICATION FOR EXEMPTION UNDER THIS SECTION SHALL  BE  MADE  ON  A
 FORM  PRESCRIBED  BY  THE COMMISSIONER AND FILED WITH THE ASSESSOR ON OR
 BEFORE THE APPLICABLE TAXABLE STATUS DATE.
   5. IN THE CASE OF NEWLY CONSTRUCTED PROPERTY WHICH IS  USED  PARTIALLY
 AS  A  RENTAL  MULTIPLE  DWELLING  AND PARTIALLY FOR COMMERCIAL OR OTHER
 PURPOSES, THE PORTION OF THE NEWLY CONSTRUCTED PROPERTY THAT IS USED  AS
 S. 4006--A                         96                         A. 3006--A

 A  RENTAL  MULTIPLE DWELLING SHALL BE ELIGIBLE FOR THE EXEMPTION AUTHOR-
 IZED BY THIS SECTION IF:
   (A) THE SQUARE FOOTAGE OF THE PORTION USED AS A RENTAL MULTIPLE DWELL-
 ING  REPRESENTS  AT  LEAST  FIFTY  PERCENT  OF THE SQUARE FOOTAGE OF THE
 ENTIRE PROPERTY;
   (B) THE RENTAL UNITS ARE AFFORDABLE  TO  INDIVIDUALS  OR  FAMILIES  AS
 DETERMINED  ACCORDING  TO  THE  CRITERIA  SET  FORTH IN PARAGRAPH (C) OF
 SUBDIVISION ONE OF THIS SECTION; AND
   (C) THE REQUIREMENTS OF THIS  SECTION  ARE  OTHERWISE  SATISFIED  WITH
 RESPECT  TO THE PORTION OF THE PROPERTY USED AS A RENTAL MULTIPLE DWELL-
 ING.
   6. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE  IN
 A CITY WITH A POPULATION OF ONE MILLION OR MORE.
   7.  ANY RECIPIENT OF THE EXEMPTION AUTHORIZED BY THIS SECTION OR THEIR
 DESIGNEE SHALL CERTIFY COMPLIANCE WITH THE PROVISIONS  OF  THIS  SECTION
 UNDER  PENALTY  OF  PERJURY, AT SUCH TIME OR TIMES AND IN SUCH MANNER AS
 MAY BE PRESCRIBED IN THE LOCAL LAW ADOPTED BY THE CITY, TOWN OR  VILLAGE
 PURSUANT  TO  PARAGRAPH  (A) OF SUBDIVISION ONE OF THIS SECTION, OR BY A
 SUBSEQUENT LOCAL LAW. SUCH CITY, TOWN  OR  VILLAGE  MAY  ESTABLISH  SUCH
 PROCEDURES AS IT DEEMS NECESSARY FOR MONITORING AND ENFORCING COMPLIANCE
 OF AN ELIGIBLE BUILDING WITH THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART O

   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 421-p to read as follows:
   §  421-P.  EXEMPTION  OF  CAPITAL  IMPROVEMENTS  TO  RESIDENTIAL   NEW
 CONSTRUCTION  INVOLVING  THE  CREATION  OF  ACCESSORY DWELLING UNITS. 1.
 RESIDENTIAL  BUILDINGS  RECONSTRUCTED,  ALTERED,  IMPROVED,   OR   NEWLY
 CONSTRUCTED IN ORDER TO CREATE ONE OR MORE ADDITIONAL RESIDENTIAL DWELL-
 ING  UNITS  ON THE SAME PARCEL AS A PRE-EXISTING RESIDENTIAL BUILDING TO
 PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS SUBSEQUENT
 TO THE EFFECTIVE DATE OF A LOCAL LAW OR RESOLUTION ENACTED  PURSUANT  TO
 THIS SECTION SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES
 TO  THE EXTENT PROVIDED HEREINAFTER. AFTER A PUBLIC HEARING, THE GOVERN-
 ING BOARD OF A COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A LOCAL LAW AND A
 SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT SUBJECT TO ARTICLE  FIFTY-
 TWO  OF THE EDUCATION LAW, MAY ADOPT A RESOLUTION TO GRANT THE EXEMPTION
 AUTHORIZED PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL LAW OR  RESOL-
 UTION  SHALL  BE  FILED  WITH  THE COMMISSIONER AND THE ASSESSOR OF SUCH
 COUNTY, CITY, TOWN OR VILLAGE WHO PREPARES THE ASSESSMENT ROLL ON  WHICH
 THE  TAXES  OF  SUCH  COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT ARE
 LEVIED.
   2. (A) SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF  FIVE  YEARS  TO
 THE  EXTENT  OF ONE HUNDRED PER CENTUM OF THE INCREASE IN ASSESSED VALUE
 THEREOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR
 NEW CONSTRUCTION FOR SUCH ADDITIONAL  RESIDENTIAL  UNIT  OR  UNITS  THAT
 PROVIDE  INDEPENDENT  LIVING FACILITIES FOR ONE OR MORE PERSONS, AND FOR
 AN ADDITIONAL PERIOD OF FIVE YEARS SUBJECT TO THE FOLLOWING:
   (I) THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWENTY-FIVE PER
 CENTUM OF THE "EXEMPTION BASE" FOR EACH OF THE FIRST THREE YEARS  DURING
 SUCH  ADDITIONAL  PERIOD  AND  SHALL  BE  DECREASED BY A FURTHER TEN PER
 CENTUM OF THE "EXEMPTION BASE" DURING EACH OF THE  FINAL  TWO  YEARS  OF
 SUCH  ADDITIONAL  PERIOD.  THE  EXEMPTION SHALL EXPIRE AT THE END OF THE
 EXTENDED PERIOD.  THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED
 S. 4006--A                         97                         A. 3006--A

 VALUE AS DETERMINED IN THE INITIAL YEAR OF THE TERM  OF  THE  EXEMPTION,
 EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   (II)  IN  ANY YEAR IN WHICH A CHANGE IN LEVEL OF ASSESSMENT OF FIFTEEN
 PERCENT OR MORE IS CERTIFIED FOR A FINAL ASSESSMENT ROLL PURSUANT TO THE
 RULES OF THE COMMISSIONER, THE EXEMPTION BASE SHALL BE MULTIPLIED  BY  A
 FRACTION,  THE  NUMERATOR  OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF
 THE PARCEL ON SUCH FINAL ASSESSMENT ROLL (AFTER ACCOUNTING FOR ANY PHYS-
 ICAL OR QUANTITY CHANGES TO THE PARCEL SINCE THE  IMMEDIATELY  PRECEDING
 ASSESSMENT  ROLL),  AND  THE  DENOMINATOR  OF  WHICH  SHALL BE THE TOTAL
 ASSESSED VALUE OF THE PARCEL ON THE IMMEDIATELY PRECEDING FINAL  ASSESS-
 MENT  ROLL.  THE  RESULT  SHALL BE THE NEW EXEMPTION BASE. THE EXEMPTION
 SHALL THEREUPON BE RECOMPUTED TO TAKE INTO  ACCOUNT  THE  NEW  EXEMPTION
 BASE,  NOTWITHSTANDING THE FACT THAT THE ASSESSOR RECEIVES CERTIFICATION
 OF THE CHANGE IN LEVEL OF ASSESSMENT AFTER THE COMPLETION,  VERIFICATION
 AND  FILING OF THE FINAL ASSESSMENT ROLL. IN THE EVENT THE ASSESSOR DOES
 NOT HAVE CUSTODY OF THE ROLL WHEN SUCH CERTIFICATION  IS  RECEIVED,  THE
 ASSESSOR  SHALL  CERTIFY  THE RECOMPUTED EXEMPTION TO THE LOCAL OFFICERS
 HAVING CUSTODY AND CONTROL OF THE ROLL,  AND  SUCH  LOCAL  OFFICERS  ARE
 HEREBY  DIRECTED AND AUTHORIZED TO ENTER THE RECOMPUTED EXEMPTION CERTI-
 FIED BY THE ASSESSOR ON THE ROLL. THE ASSESSOR SHALL GIVE WRITTEN NOTICE
 OF SUCH RECOMPUTED EXEMPTION TO THE PROPERTY OWNER, WHO MAY,  IF  HE  OR
 SHE  BELIEVES THAT THE EXEMPTION WAS RECOMPUTED INCORRECTLY, APPLY FOR A
 CORRECTION IN THE MANNER PROVIDED BY TITLE THREE OF ARTICLE FIVE OF THIS
 CHAPTER FOR THE CORRECTION OF CLERICAL ERRORS.
   (III) SUCH EXEMPTION SHALL BE LIMITED TO TWO HUNDRED THOUSAND  DOLLARS
 IN  INCREASED  MARKET  VALUE OF THE PROPERTY ATTRIBUTABLE TO SUCH RECON-
 STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION AND ANY INCREASE
 IN MARKET VALUE GREATER THAN SUCH AMOUNT SHALL NOT BE ELIGIBLE  FOR  THE
 EXEMPTION  PURSUANT  TO  THIS SECTION. FOR THE PURPOSES OF THIS SECTION,
 THE MARKET VALUE OF THE RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR  NEW
 CONSTRUCTION  AS  AUTHORIZED BY SUBDIVISION ONE OF THIS SECTION SHALL BE
 EQUAL TO THE  INCREASED  ASSESSED  VALUE  ATTRIBUTABLE  TO  SUCH  RECON-
 STRUCTION,  ALTERATION,  IMPROVEMENT  OR NEW CONSTRUCTION DIVIDED BY THE
 CLASS ONE RATIO IN A SPECIAL ASSESSING UNIT OR THE MOST RECENTLY  ESTAB-
 LISHED  STATE  EQUALIZATION  RATE  OR  SPECIAL  EQUALIZATION RATE IN THE
 REMAINDER OF THE STATE, EXCEPT WHERE  THE  STATE  EQUALIZATION  RATE  OR
 SPECIAL  EQUALIZATION  RATE  EQUALS  OR  EXCEEDS NINETY-FIVE PERCENT, IN
 WHICH CASE THE INCREASE IN ASSESSED VALUE ATTRIBUTABLE  TO  SUCH  RECON-
 STRUCTION,  ALTERATION,  IMPROVEMENT OR NEW CONSTRUCTION SHALL BE DEEMED
 TO EQUAL THE MARKET VALUE OF SUCH RECONSTRUCTION,  ALTERATION,  IMPROVE-
 MENT, OR NEW CONSTRUCTION.
   (B)  NO  SUCH  EXEMPTION  SHALL  BE GRANTED FOR RECONSTRUCTION, ALTER-
 ATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION UNLESS:
   (I) SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW  CONSTRUCTION
 WAS  COMMENCED  SUBSEQUENT  TO  THE  EFFECTIVE  DATE OF THE LOCAL LAW OR
 RESOLUTION ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND
   (II) THE VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW
 CONSTRUCTION EXCEEDS THREE THOUSAND DOLLARS; AND
   (III)   SUCH   RECONSTRUCTION,   ALTERATION,   IMPROVEMENT,   OR   NEW
 CONSTRUCTION  CREATED  ONE OR MORE ADDITIONAL RESIDENTIAL DWELLING UNITS
 ON THE SAME PARCEL AS THE PREEXISTING RESIDENTIAL  BUILDING  TO  PROVIDE
 INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS.
   (C) FOR PURPOSES OF THIS SECTION THE TERMS RECONSTRUCTION, ALTERATION,
 IMPROVEMENT, AND NEW CONSTRUCTION SHALL NOT INCLUDE ORDINARY MAINTENANCE
 AND REPAIRS.
 S. 4006--A                         98                         A. 3006--A
 
   3.  SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
 OF SUCH BUILDING ON A FORM PRESCRIBED BY THE COMMISSIONER. THE  APPLICA-
 TION  SHALL  BE  FILED  WITH  THE ASSESSOR OF THE CITY, TOWN, VILLAGE OR
 COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE
 APPROPRIATE TAXABLE STATUS DATE OF SUCH CITY, TOWN, VILLAGE OR COUNTY.
   4.  IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
 ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH
 BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
 LEVIES AS HEREIN PROVIDED COMMENCING WITH THE ASSESSMENT  ROLL  PREPARED
 ON THE BASIS OF THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVISION THREE
 OF THIS SECTION. THE ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO
 THIS  SECTION  SHALL  BE  ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL
 WITH THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN  IN  A
 SEPARATE COLUMN.
   5. FOR THE PURPOSES OF THIS SECTION, A RESIDENTIAL BUILDING SHALL MEAN
 ANY BUILDING OR STRUCTURE DESIGNED AND OCCUPIED EXCLUSIVELY FOR RESIDEN-
 TIAL PURPOSES BY NOT MORE THAN TWO FAMILIES.
   6.  IN THE EVENT THAT A BUILDING GRANTED AN EXEMPTION PURSUANT TO THIS
 SECTION CEASES TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES,  OR  TITLE
 THERETO  IS  TRANSFERRED  TO OTHER THAN THE HEIRS OR DISTRIBUTEES OF THE
 OWNER, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
   7. (A) A COUNTY, CITY, TOWN OR VILLAGE  MAY,  BY  ITS  LOCAL  LAW,  OR
 SCHOOL DISTRICT, BY ITS RESOLUTION:
   (I)  REDUCE  THE PER CENTUM OF EXEMPTION OTHERWISE ALLOWED PURSUANT TO
 THIS SECTION;
   (II) LIMIT ELIGIBILITY FOR THE EXEMPTION  TO  THOSE  FORMS  OF  RECON-
 STRUCTION,   ALTERATIONS,  IMPROVEMENTS,  OR  NEW  CONSTRUCTION  AS  ARE
 PRESCRIBED IN SUCH LOCAL LAW OR RESOLUTION.
   (B) NO SUCH LOCAL LAW OR RESOLUTION SHALL REPEAL AN EXEMPTION  GRANTED
 PURSUANT  TO  THIS  SECTION UNTIL THE EXPIRATION OF THE PERIOD FOR WHICH
 SUCH EXEMPTION WAS GRANTED.
   § 2. This act shall take effect immediately and shall apply to assess-
 ment rolls based on taxable status dates  occurring  on  or  after  such
 effective date.
 
                                  PART P
 
   Section  1. Paragraph a 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, is amended to read as follows:
   a.  Benefits  under  section four hundred twenty-one-a OR FOUR HUNDRED
 SIXTY-SEVEN-M of the real property 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
 S. 4006--A                         99                         A. 3006--A
 
 WEIGHTED  AVERAGE  OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING
 UNITS DOES NOT  EXCEED  SEVENTY  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 OCCUPANCY 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.
   L.  "ELIGIBLE  CONVERSION" SHALL MEAN THE CONVERSION OF A NON-RESIDEN-
 TIAL BUILDING TO AN ELIGIBLE MULTIPLE DWELLING.
   M. "ELIGIBLE MULTIPLE DWELLING" SHALL  MEAN  A  MULTIPLE  DWELLING  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-TWO; AND (IV) THE COMPLETION  DATE  IS
 ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-EIGHT.
   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-
 S. 4006--A                         100                        A. 3006--A
 
 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.  "NINETEEN-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERI-
 OD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY  TAXATION,  OTHER
 THAN  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS;  (II) FOR THE FIRST FIFTEEN
 YEARS OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOP-
 MENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,  OTHER
 THAN  ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHAT-
 TAN PRIME DEVELOPMENT AREA, A THIRTY-FIVE PERCENT  EXEMPTION  FROM  REAL
 PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (III)
 FOR THE SIXTEENTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHAT-
 TAN PRIME DEVELOPMENT AREA, A FORTY PERCENT EXEMPTION FROM REAL PROPERTY
 TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE
 OF  THE  MANHATTAN  PRIME  DEVELOPMENT  AREA,  A  TWENTY-EIGHT   PERCENT
 EXEMPTION  FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL
 IMPROVEMENTS; (IV) FOR THE SEVENTEENTH YEAR OF THE  RESTRICTION  PERIOD,
 (A)  WITHIN  THE  MANHATTAN  PRIME  DEVELOPMENT  AREA,  A THIRTY PERCENT
 EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL
 IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A
 TWENTY-ONE  PERCENT  EXEMPTION  FROM  REAL PROPERTY TAXATION, OTHER THAN
 ASSESSMENTS FOR LOCAL IMPROVEMENTS; (V) FOR THE EIGHTEENTH YEAR  OF  THE
 RESTRICTION  PERIOD,  (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A
 TWENTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS-
 MENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE  OF  THE  MANHATTAN  PRIME
 DEVELOPMENT  AREA, A FOURTEEN PERCENT EXEMPTION FROM REAL PROPERTY TAXA-
 TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND  (VI)  FOR  THE
 NINETEENTH  YEAR  OF  THE  RESTRICTION  PERIOD, (A) WITHIN THE MANHATTAN
 PRIME DEVELOPMENT AREA, A TEN PERCENT EXEMPTION FROM REAL PROPERTY TAXA-
 TION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE  OF
 THE  MANHATTAN  PRIME  DEVELOPMENT  AREA, A SEVEN PERCENT EXEMPTION FROM
 REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   V. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION  OF  A
 STRUCTURE  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, MANUFACTURING 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 AGENCY.
   W.  "NON-RESIDENTIAL  TAX  LOT"  SHALL  MEAN  A  TAX LOT THAT DOES NOT
 CONTAIN ANY DWELLING UNITS.
   X. "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
 S. 4006--A                         101                        A. 3006--A
 
 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.
   Y.  "RESIDENTIAL  TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
 UNITS.
   Z.  "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 SPECIFIED IN THIS  SECTION,  PROVIDED
 THAT  SUCH  ELIGIBLE  MULTIPLE  DWELLING IS USED OR HELD OUT FOR USE FOR
 DWELLING PURPOSES. AN ELIGIBLE MULTIPLE DWELLING THAT MEETS ALL  OF  THE
 REQUIREMENTS OF THIS SECTION SHALL RECEIVE A NINETEEN-YEAR BENEFIT.
   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  FOLLOWING  AFFORDABILITY  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
 S. 4006--A                         102                        A. 3006--A
 
 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-
 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; AND (III)
 THE ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS.  SUCH
 REQUIREMENTS  MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONI-
 TOR 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.
 S. 4006--A                         103                        A. 3006--A
 
   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  NINETEEN-YEAR BENEFIT PERIOD, REGARDLESS OF
 WHETHER SUCH BENEFITS 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
 S. 4006--A                         104                        A. 3006--A
 
 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.
   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-
 S. 4006--A                         105                        A. 3006--A
 
 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 NINETEEN-YEAR BENEFIT, 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 REQUIRE-
 MENTS 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 Q
 
   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, 2024.  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 2022-2023 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, 2023.
   § 2. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may  provide,  for purposes of the rural preservation
 S. 4006--A                         106                        A. 3006--A
 
 program, a sum not to exceed $5,360,000 for the fiscal year ending March
 31, 2024.  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
 2022-2023  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,
 2023.
   §  3.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes of the rural  rental  assist-
 ance  program  pursuant  to  article 17-A of the private housing finance
 law, a sum not to exceed $21,710,000 for the fiscal  year  ending  March
 31,  2024.    Notwithstanding any other provision of law, and subject to
 the approval of the New York state director of the budget, the board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing  any  costs  associated with rural rental assistance program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $21,710,000,  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  2022-2023  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, 2023.
   §  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 $50,781,000 for the fiscal year
 ending March 31, 2024. 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
 S. 4006--A                         107                        A. 3006--A
 
 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  $50,781,000, 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 2022-2023 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, 2024.
   § 5. This act shall take effect immediately.

                                  PART R
 
   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.
   § 2.  This act shall take effect immediately.
 
                                  PART S

   Section 1.  Section 652 of the labor law is amended by  adding  a  new
 subdivision 1-a to read as follows:
   1-A.  ANNUAL  MINIMUM WAGE INCREASE.   (A) NEW YORK CITY. ON AND AFTER
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, EVERY EMPLOYER REGARD-
 LESS OF SIZE SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED  IN
 THE  CITY OF NEW YORK, A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE
 RATE ESTABLISHED ANNUALLY BY THE  COMMISSIONER.  SUCH  ADJUSTED  MINIMUM
 WAGE  RATE  SHALL BE DETERMINED BY INCREASING THE CURRENT YEAR'S MINIMUM
 WAGE RATE BY THE LESSER OF THREE PERCENT AND THE RATE OF CHANGE  IN  THE
 AVERAGE  OF  THE  MOST RECENT PERIOD BETWEEN THE FIRST OF AUGUST AND THE
 THIRTY-FIRST OF JULY OVER THE PRECEDING TWELVE MONTHS PUBLISHED  BY  THE
 UNITED STATES DEPARTMENT OF LABOR NON-SEASONALLY ADJUSTED CONSUMER PRICE
 INDEX  FOR  NORTHEAST  REGION  URBAN  WAGE  EARNERS AND CLERICAL WORKERS
 (CPI-W) OR ANY SUCCESSOR  INDEX  AS  CALCULATED  BY  THE  UNITED  STATES
 DEPARTMENT OF LABOR.
   (B)  REMAINDER  OF  DOWNSTATE. ON AND AFTER DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-THREE, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES
 FOR EACH HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK,  AND  WESTCHES-
 TER,  A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED
 ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE  SHALL  BE
 DETERMINED  BY  INCREASING  THE  CURRENT YEAR'S MINIMUM WAGE RATE BY THE
 S. 4006--A                         108                        A. 3006--A
 
 LESSER OF THREE PERCENT AND THE RATE OF CHANGE IN  THE  AVERAGE  OF  THE
 MOST  RECENT  PERIOD BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF
 JULY OVER THE PRECEDING TWELVE MONTHS FOR THE NORTHEAST REGION CPI-W  OR
 ANY  SUCCESSOR  INDEX  AS  CALCULATED BY THE UNITED STATES DEPARTMENT OF
 LABOR.
   (C) REMAINDER OF STATE. ON AND AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
 SAND  TWENTY-THREE, IN THE YEAR FOLLOWING THE YEAR THE MINIMUM WAGE RATE
 EQUALS FIFTEEN DOLLARS FOR EACH HOUR WORKED OUTSIDE OF THE CITY  OF  NEW
 YORK  AND  THE  COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, EVERY EMPLOYER SHALL PAY TO EACH OF ITS
 EMPLOYEES FOR EACH HOUR WORKED OUTSIDE OF THE CITY OF NEW YORK  AND  THE
 COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER A WAGE OF NOT LESS THAN THE
 ADJUSTED  MINIMUM  WAGE  RATE  ESTABLISHED ANNUALLY BY THE COMMISSIONER.
 SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETERMINED  BY  INCREASING  THE
 CURRENT  YEAR'S MINIMUM WAGE RATE BY THE LESSER OF THREE PERCENT AND THE
 RATE OF CHANGE IN THE AVERAGE OF THE  MOST  RECENT  PERIOD  BETWEEN  THE
 FIRST  OF  AUGUST AND THE THIRTY-FIRST OF JULY OVER THE PRECEDING TWELVE
 MONTHS FOR THE NORTHEAST REGION CPI-W OR ANY SUCCESSOR INDEX  AS  CALCU-
 LATED BY THE UNITED STATES DEPARTMENT OF LABOR.
   (D)  NOTWITHSTANDING PARAGRAPHS (A), (B), AND (C) OF THIS SUBDIVISION,
 THE MINIMUM WAGE FOR A HOME CARE AIDE AS DEFINED IN  SECTION  THIRTY-SIX
 HUNDRED FOURTEEN-C OF THE PUBLIC HEALTH LAW SHALL BE SET BY SUBDIVISIONS
 TWO  AND  THREE  OF  SECTION THIRTY-SIX HUNDRED FOURTEEN-F OF THE PUBLIC
 HEALTH LAW.
   (E) EXCEPTIONS. NOTWITHSTANDING PARAGRAPHS (A), (B) AND  (C)  OF  THIS
 SUBDIVISION, THERE SHALL BE NO INCREASE IN THE MINIMUM WAGE IN THE STATE
 FOR THE FOLLOWING YEAR IF:
   (I) THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD OF THE
 FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY OVER THE PRECEDING PERIOD OF
 THE FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY FOR THE NORTHEAST REGION
 CPI-W IS NEGATIVE;
   (II)  THE  THREE-MONTH  MOVING  AVERAGE OF THE SEASONALLY ADJUSTED NEW
 YORK STATE UNEMPLOYMENT RATE AS DETERMINED BY THE U-3 MEASURE  OF  LABOR
 UNDERUTILIZATION  FOR  THE MOST RECENT PERIOD ENDING THE THIRTY-FIRST OF
 JULY AS CALCULATED BY THE UNITED STATES DEPARTMENT  OF  LABOR  RISES  BY
 ONE-HALF  PERCENTAGE POINT OR MORE RELATIVE TO ITS LOW DURING THE PREVI-
 OUS TWELVE MONTHS; OR
   (III) SEASONALLY ADJUSTED, TOTAL  NON-FARM  EMPLOYMENT  FOR  NEW  YORK
 STATE  IN  JULY,  CALCULATED  BY  THE UNITED STATES DEPARTMENT OF LABOR,
 DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL  NON-FARM  EMPLOYMENT  FOR
 NEW YORK STATE IN APRIL, AND SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOY-
 MENT FOR NEW YORK STATE IN JULY, CALCULATED BY THE UNITED STATES DEPART-
 MENT  OF  LABOR,  DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL NON-FARM
 EMPLOYMENT FOR NEW YORK STATE IN JANUARY.
   (F) THE COMMISSIONER SHALL PUBLISH THE ADJUSTED MINIMUM WAGE RATES  NO
 LATER THAN THE FIRST OF OCTOBER OF EACH YEAR TO TAKE EFFECT ON THE THIR-
 TY-FIRST  DAY  OF  DECEMBER. THE COMMISSIONER SHALL PUBLISH THE ADJUSTED
 MINIMUM WAGE RATES THAT WILL GO INTO EFFECT  ON  DECEMBER  THIRTY-FIRST,
 TWO  THOUSAND  TWENTY-THREE  NO  LATER  THAN OCTOBER FIRST, TWO THOUSAND
 TWENTY-THREE.
   § 2. Subdivisions 2, 4 and 5 of section 652 of the labor law, subdivi-
 sion 2 as amended by chapter 38 of the laws of 1990, the  opening  para-
 graph  of subdivision 2 as amended by section 6 of part II of chapter 58
 of the laws of 2020, and subdivisions 4 and 5 as amended by section 2 of
 part K of chapter 54 of the  laws  of  2016,  are  amended  to  read  as
 follows:
 S. 4006--A                         109                        A. 3006--A
 
   2.  Existing  wage  orders.  The  minimum wage orders in effect on the
 effective date of this act shall remain in full force and effect, except
 as modified in accordance with the provisions of this article; provided,
 however, that the minimum wage order for farm workers codified  at  part
 one  hundred  ninety  of  title twelve of the New York code of rules and
 regulations in effect on January first, two  thousand  twenty  shall  be
 deemed to be a wage order established and adopted under this article and
 shall  remain  in full force and effect except as modified in accordance
 with the provisions of this article or article nineteen-A of this  chap-
 ter.
   Such  minimum  wage  orders  shall  be modified by the commissioner to
 increase all monetary amounts specified therein in the  same  proportion
 as  the increase in the hourly minimum wage as provided in [subdivision]
 SUBDIVISIONS one AND ONE-A of this section, including the amounts speci-
 fied in such minimum wage orders as allowances for gratuities, and  when
 furnished  by the employer to its employees, for meals, lodging, apparel
 and other such items, services and facilities. All amounts  so  modified
 shall  be  rounded  off  to  the nearest five cents. The modified orders
 shall be promulgated by the commissioner without a public  hearing,  and
 without  reference  to  a  wage board, and shall become effective on the
 effective date of such increases in the minimum wage except as otherwise
 provided in this subdivision, notwithstanding  any  other  provision  of
 this article.
   4.  Notwithstanding  subdivisions  one, ONE-A and two of this section,
 the wage for an employee who is a food  service  worker  receiving  tips
 shall  be  a  cash wage of at least two-thirds of the minimum wage rates
 set forth in subdivision one of this section,  rounded  to  the  nearest
 five  cents  or  seven  dollars  and  fifty  cents, whichever is higher,
 provided that the tips of such an employee,  when  added  to  such  cash
 wage,  are  equal  to  or  exceed the minimum wage in effect pursuant to
 [subdivision] SUBDIVISIONS one AND ONE-A of this  section  and  provided
 further  that  no other cash wage is established pursuant to section six
 hundred fifty-three of this article.
   5. Notwithstanding subdivisions one, ONE-A and two  of  this  section,
 meal  and  lodging allowances for a food service worker receiving a cash
 wage pursuant to subdivision four of this  section  shall  not  increase
 more than two-thirds of the increase required by subdivision two of this
 section  as applied to state wage orders in effect pursuant to [subdivi-
 sion] SUBDIVISIONS one AND ONE-A of this section.
   § 3. Section 3614-f of the public health law, as added by section 1 of
 part XX of chapter 56 of the  laws  of  2022,  is  amended  to  read  as
 follows:
   §  3614-f. Home care minimum wage increase. 1. For the purpose of this
 section, "home care aide" shall have the  same  meaning  as  defined  in
 section thirty-six hundred fourteen-c of this article.
   2. [In addition to the otherwise applicable minimum wage under section
 six hundred fifty-two of the labor law, or any otherwise applicable wage
 rule  or order under article nineteen of the labor law]  NOTWITHSTANDING
 ANY INCREASE TO THE MINIMUM WAGE UNDER PARAGRAPH (A),  (B),  OR  (C)  OF
 SUBDIVISION ONE-A OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW, the
 minimum  wage  for  a  home care aide shall be increased by an amount of
 three dollars and zero cents FROM THE  MINIMUM  WAGE  ESTABLISHED  UNDER
 SUBDIVISION  ONE  OF  SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW FOR
 EACH REGION OF THE STATE in accordance with the following schedule:
 S. 4006--A                         110                        A. 3006--A
 
   (a) beginning October first, two thousand twenty-two, the minimum wage
 for a home care aide shall be increased by an amount of two dollars  and
 zero cents, and
   (b)  beginning  October  first, two thousand twenty-three, the minimum
 wage for a home care aide shall be increased by an additional amount  of
 one dollar and zero cents.
   3.  ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, THE
 MINIMUM WAGE FOR A HOME CARE AIDE SHALL BE THE GREATER OF EITHER:
   (A) THE RATE ESTABLISHED IN ACCORDANCE WITH SUBDIVISION  TWO  OF  THIS
 SECTION; OR
   (B)  THE  RATE  ESTABLISHED  IN  ACCORDANCE  WITH  SECTION SIX HUNDRED
 FIFTY-TWO OF THE LABOR LAW.
   4. AT NO TIME SHALL THE MINIMUM WAGE FOR A HOME CARE  AIDE  BE  HIGHER
 THAN  EIGHTEEN DOLLARS UNTIL SUCH TIME AS THE MINIMUM WAGE RATE PURSUANT
 TO SUBDIVISION ONE-A OF SECTION SIX HUNDRED FIFTY-TWO OF THE  LABOR  LAW
 IN THE LOCALITY OF THE STATE IN WHICH SUCH HOME CARE AIDE WORKS IS HIGH-
 ER THAN EIGHTEEN DOLLARS.
   5.  Where  any  home  care aide is paid less than WHAT IS required [by
 subdivision] UNDER SUBDIVISIONS two AND THREE of this section, the  home
 care  aide,  or  the  commissioner of labor acting on behalf of the home
 care aide, may bring a civil action under article six or nineteen of the
 labor law; provided that this shall not  preclude  the  commissioner  of
 labor from taking direct administrative enforcement action under article
 six of the labor law.
   § 4. This act shall take effect immediately.
 
                                  PART T

   Section 1. Legislative findings. The legislature finds that both with-
 in  the  city  of  New  York and across the United States, over the past
 several decades, income inequality has  expanded  and  that  poverty  is
 frequently  concentrated  in  economically  disadvantaged  regions.  The
 legislature also finds that economic disparities among  individuals  and
 across  communities have further expanded due to the economic and health
 effects of the virus known as COVID-19. The purpose of this  legislation
 is  to  remediate  these economic disparities by authorizing the city of
 New York, the city school district of the city of New York, the New York
 city school construction authority, the New York city health and  hospi-
 tals  corporation,  the New York city industrial development agency, and
 other city-affiliated not-for-profit corporations to  use  the  economic
 power of their transactions to implement programs by administrative rule
 requiring  contractors  and  subcontractors benefitting from such trans-
 actions to make best efforts to employ qualified economically  disadvan-
 taged  candidates  and  qualified candidates from economically disadvan-
 taged regions.
   § 2. The New York city charter is amended by adding a new  chapter  79
 to read as follows:
                                CHAPTER 79
                COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
 §  3501. ABSORPTION HIRE. THE TERM "ABSORPTION HIRE" MEANS AN INDIVIDUAL
 WHO FILLS A BUILDING SERVICE OPPORTUNITY AND WHO:
   (1) WAS EMPLOYED TO PERFORM BUILDING SERVICE WORK WITHIN THE PRECEDING
 SIX MONTHS AT THE SAME FACILITY TO WHICH SUCH INDIVIDUAL IS ASSIGNED; OR
   (2) FILLS SUCH BUILDING SERVICE OPPORTUNITY AS A RESULT OF A REASSIGN-
 MENT BY A CONTRACTOR OR SUBCONTRACTOR, AS APPLICABLE, DUE TO A DISPLACE-
 S. 4006--A                         111                        A. 3006--A
 
 MENT CAUSED BY THE CLOSURE OF ANOTHER FACILITY, A STAFFING REDUCTION  AT
 ANOTHER FACILITY, OR ANY OTHER SIMILAR EVENT.
   APPRENTICE. THE TERM "APPRENTICE" MEANS AN INDIVIDUAL WHO IS RECEIVING
 TRAINING AND PERFORMING LABOR PURSUANT TO AN APPRENTICESHIP AGREEMENT.
   APPRENTICESHIP AGREEMENT. THE TERM "APPRENTICESHIP AGREEMENT" MEANS AN
 AGREEMENT,  AS  SUCH TERM IS DEFINED BY SECTION EIGHT HUNDRED SIXTEEN OF
 THE LABOR LAW, THAT HAS BEEN  REGISTERED  WITH,  AND  APPROVED  BY,  THE
 COMMISSIONER OF LABOR OF THE STATE OF NEW YORK PURSUANT TO ARTICLE TWEN-
 TY-THREE OF THE LABOR LAW.
   BUILDING  SERVICE OPPORTUNITY. THE TERM "BUILDING SERVICE OPPORTUNITY"
 MEANS AN EMPLOYMENT OPPORTUNITY TO PERFORM BUILDING SERVICE WORK.
   BUILDING SERVICE OPPORTUNITY LABOR HOUR. THE  TERM  "BUILDING  SERVICE
 OPPORTUNITY  LABOR  HOUR"  MEANS A LABOR HOUR PERFORMED BY AN INDIVIDUAL
 EMPLOYED TO FILL A BUILDING SERVICE OPPORTUNITY.
   BUILDING SERVICE WORK. THE TERM  "BUILDING  SERVICE  WORK"  MEANS  THE
 CLASSIFICATIONS  OF LABOR THAT THE APPLICABLE FISCAL OFFICER HAS IDENTI-
 FIED AS CONSISTENT WITH SECTION TWO HUNDRED THIRTY  OF  THE  LABOR  LAW,
 REGARDLESS  OF  WHETHER SUCH LABOR CONSTITUTES BUILDING SERVICE WORK FOR
 WHICH WORKERS ARE ENTITLED TO PREVAILING WAGE PURSUANT TO  ARTICLE  NINE
 OF THE LABOR LAW.
   CITY-AFFILIATED  NOT-FOR-PROFIT CORPORATION. THE TERM "CITY-AFFILIATED
 NOT-FOR-PROFIT CORPORATION" MEANS A  LOCAL  DEVELOPMENT  CORPORATION  OR
 OTHER  NOT-FOR-PROFIT  CORPORATION,  A  MAJORITY  OF  WHOSE  MEMBERS ARE
 APPOINTED BY THE MAYOR.
   CONSTRUCTION. THE TERM "CONSTRUCTION" MEANS:
   (1) ANY LABOR OF A TYPE THAT THE APPLICABLE FISCAL OFFICER, AS DEFINED
 IN PARAGRAPH E OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF  THE
 LABOR LAW, HAS IDENTIFIED IN A PUBLISHED SCHEDULE AS A CLASSIFICATION OF
 WORK  PERFORMED BY LABORERS, WORKMEN OR MECHANICS, REGARDLESS OF WHETHER
 SUCH LABOR CONSTITUTES PUBLIC WORK PURSUANT TO SUCH SECTION; AND
   (2) ANY ADDITIONAL TYPES OF LABOR IDENTIFIED BY THE DIRECTOR BY  RULE,
 PROVIDED THAT SUCH LABOR SHALL NOT INCLUDE BUILDING SERVICE WORK.
   CONTRACTOR. THE TERM "CONTRACTOR" MEANS AN INDIVIDUAL, COMPANY, CORPO-
 RATION, PARTNERSHIP, OR OTHER ENTITY THAT HAS ENTERED INTO A TRANSACTION
 WITH THE CITY, EXCEPT THAT THE TERM "CONTRACTOR" DOES NOT INCLUDE:
   (1) ANY GOVERNMENTAL ENTITY;
   (2)   ANY   MICROBUSINESS,   OTHER  THAN  A  MICROBUSINESS  PERFORMING
 CONSTRUCTION WORK UNDER A TRANSACTION; OR
   (3) ANY LABOR ORGANIZATION.
   DIRECTOR. THE TERM "DIRECTOR" MEANS THE  DIRECTOR  OF  THE  OFFICE  OF
 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT OR HIS OR HER DESIGNEE.
   ECONOMICALLY DISADVANTAGED CANDIDATE. THE TERM "ECONOMICALLY DISADVAN-
 TAGED CANDIDATE" MEANS AN INDIVIDUAL:
   (1) WHOSE INCOME OR HOUSEHOLD INCOME FALLS BELOW AN APPLICABLE QUANTI-
 TATIVE  THRESHOLD  DETERMINED BY THE DIRECTOR, PROVIDED THAT SUCH INCOME
 SHALL NOT INCLUDE ANY TYPES OF PUBLIC BENEFITS PROVIDED BY  THE  FEDERAL
 GOVERNMENT  OR  A STATE OR LOCAL GOVERNMENT AND IDENTIFIED BY THE DIREC-
 TOR; AND
   (2) WHO IS CERTIFIED AS MEETING ALL APPLICABLE REQUIREMENTS.
   ECONOMICALLY DISADVANTAGED REGION. THE  TERM  "ECONOMICALLY  DISADVAN-
 TAGED  REGION"  MEANS  AN AREA, REPRESENTED BY ITS ZIP CODE, IN WHICH AT
 LEAST FIFTEEN PERCENT OF RESIDENTS  HAVE  HOUSEHOLD  INCOMES  BELOW  THE
 FEDERAL POVERTY THRESHOLD.
   ECONOMICALLY  DISADVANTAGED  REGION  CANDIDATE. THE TERM "ECONOMICALLY
 DISADVANTAGED REGION CANDIDATE" MEANS AN INDIVIDUAL WHO IS CERTIFIED  AS
 MEETING ALL APPLICABLE REQUIREMENTS AND WHO IS A:
 S. 4006--A                         112                        A. 3006--A
 
   (1)  RESIDENT  OF  AN  ADDRESS  WITHIN  AN  ECONOMICALLY DISADVANTAGED
 REGION;
   (2) RESIDENT OF A BUILDING THAT IS:
   (I) OWNED OR OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY; AND
   (II) SUBJECT TO SECTION NINE OF THE UNITED STATES HOUSING ACT OF NINE-
 TEEN HUNDRED THIRTY-SEVEN, AS AMENDED; OR
   (3) RESIDENT OF A DWELLING UNIT THAT IS:
   (I)  SUBJECT  TO A REGULATORY AGREEMENT WITH A FEDERAL, STATE OR LOCAL
 GOVERNMENT AGENCY REQUIRING THAT OCCUPANCY OF SUCH  UNIT  BE  RESTRICTED
 BASED ON THE INCOME OF THE OCCUPANTS; AND
   (II)  LOCATED  IN  A  BUILDING THAT WAS PREVIOUSLY OPERATED BY THE NEW
 YORK CITY HOUSING AUTHORITY, WAS PREVIOUSLY SUBJECT TO SECTION  NINE  OF
 THE  UNITED  STATES  HOUSING  ACT  OF  NINETEEN HUNDRED THIRTY-SEVEN, AS
 AMENDED, AND IS SUBJECT TO SECTION EIGHT OF SUCH ACT.
   EMPLOYMENT OPPORTUNITY. THE  TERM  "EMPLOYMENT  OPPORTUNITY"  MEANS  A
 VACANCY IN A POSITION TO PERFORM SERVICES UNDER A TRANSACTION.
   EXEMPT TRANSACTION. THE TERM "EXEMPT TRANSACTION" INCLUDES ANY:
   (1) CONTRACT PROCURED PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE
 STATE FINANCE LAW;
   (2)  CONTRACT  FOR  THE  PERFORMANCE  OF SERVICES BY A CITY-AFFILIATED
 NOT-FOR-PROFIT CORPORATION;
   (3) CONTRACT THE PRINCIPAL PURPOSE OF WHICH IS THE SUPPLY OF GOODS;
   (4) CONTRACT IN AN AMOUNT  BELOW  THE  SMALL  PURCHASE  THRESHOLD  SET
 PURSUANT  TO  THE  AUTHORITY AND PROCEDURE SET FORTH IN SUBDIVISION A OF
 SECTION THREE HUNDRED FOURTEEN OF THIS CHARTER;
   (5) CONTRACT FOR CONFIDENTIAL OR INVESTIGATIVE SERVICES OR  ANY  OTHER
 TYPE  OF  CONTRACT EXCLUDED BY A RULE ADOPTED BY THE DIRECTOR BASED ON A
 DETERMINATION THAT THE APPLICATION OF GOALS  UNDER  THIS  PROGRAM  WOULD
 SUBSTANTIALLY UNDERMINE THE PRIMARY OBJECTIVE OF THAT TYPE OF CONTRACT;
   (6)  CONTRACT  SUBJECT  TO  FEDERAL OR STATE FUNDING REQUIREMENTS THAT
 PRECLUDE OR SUBSTANTIALLY CONFLICT WITH THE APPLICATION OF  GOALS  UNDER
 THIS PROGRAM;
   (7) CONTRACT FOR EMERGENCY DEMOLITION SERVICES PROCURED BY THE DEPART-
 MENT  OF  HOUSING PRESERVATION AND DEVELOPMENT PURSUANT TO THE PROCEDURE
 SET FORTH IN SECTION THREE HUNDRED FIFTEEN OF THIS CHARTER; OR
   (8) A CONTRACT FOR WHICH CONTRACTOR SELECTION IS MADE  BY  AN  ELECTED
 OFFICIAL  OTHER THAN THE MAYOR OR AN AGENCY OTHER THAN A MAYORAL AGENCY,
 EXCEPT AS OTHERWISE PROVIDED BY RULE BY THE DIRECTOR.
   LABOR ORGANIZATION. THE TERM  "LABOR  ORGANIZATION"  HAS  THE  MEANING
 PROVIDED  IN  SECTION  ONE HUNDRED FIFTY-TWO OF TITLE TWENTY-NINE OF THE
 UNITED STATES CODE, OR ANY SUCCESSOR PROVISION.
   MAYORAL AGENCY. THE TERM "MAYORAL AGENCY" INCLUDES:
   (1) ANY AGENCY THE HEAD OF WHICH IS APPOINTED BY THE MAYOR;
   (2) ANY AGENCY HEADED BY A BOARD, COMMISSION,  OR  OTHER  MULTI-MEMBER
 BODY, THE MAJORITY OF THE MEMBERSHIP OF WHICH IS APPOINTED BY THE MAYOR;
 AND
   (3) THE OFFICE OF THE MAYOR.
   MICROBUSINESS.  THE TERM "MICROBUSINESS" MEANS AN INDIVIDUAL, COMPANY,
 CORPORATION, PARTNERSHIP, OR OTHER ENTITY THAT EMPLOYS NO LESS THAN  ONE
 EMPLOYEE AND NO MORE THAN NINE EMPLOYEES.
   MWBE.  THE  TERM  "MWBE"  MEANS  A BUSINESS CERTIFIED AS A MINORITY OR
 WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT TO  ARTICLE  FIFTEEN-A  OF  THE
 EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THIS CHARTER.
   PROJECT  LABOR  AGREEMENT.  THE TERM "PROJECT LABOR AGREEMENT" MEANS A
 PRE-HIRE COLLECTIVE BARGAINING AGREEMENT ENTERED INTO BETWEEN  THE  CITY
 AND  A  BONA  FIDE  BUILDING  AND  CONSTRUCTION TRADE LABOR ORGANIZATION
 S. 4006--A                         113                        A. 3006--A
 
 ESTABLISHING THE LABOR ORGANIZATION OR ITS AFFILIATES AS THE  COLLECTIVE
 BARGAINING  REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM CONSTRUCTION
 WORK ON A TRANSACTION, PROVIDED SUCH AGREEMENT:
   (1)  PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-
 NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM  SUCH  WORK
 ON SUCH TRANSACTION; AND
   (2) INCLUDES GOALS FOR THE EMPLOYMENT OF QUALIFIED ECONOMICALLY DISAD-
 VANTAGED REGION CANDIDATES TO PERFORM SUCH WORK.
   REFERRAL  SOURCE.  THE  TERM  "REFERRAL  SOURCE"  MEANS AN INDIVIDUAL,
 COMPANY, CORPORATION, PARTNERSHIP, AGENCY,  UNION  REFERRAL  SYSTEM,  OR
 OTHER  ENTITY  SELECTED  PURSUANT TO PARAGRAPH THREE OF SUBDIVISION A OF
 SECTION THIRTY-FIVE HUNDRED TWO OF THIS CHAPTER  TO  MAKE  REFERRALS  OF
 CANDIDATES  TO CONTRACTORS, PROSPECTIVE CONTRACTORS, SUBCONTRACTORS, AND
 PROSPECTIVE SUBCONTRACTORS FOR THE PURPOSES OF  MEETING  THE  APPLICABLE
 EMPLOYMENT GOALS SET FORTH IN SUCH SECTION; PROVIDED THAT UNION REFERRAL
 SYSTEMS  THAT HAVE AFFILIATED REGISTERED APPRENTICE PROGRAMS WITH DIRECT
 ENTRY ACCESS FROM PRE-APPRENTICE PROGRAMS THAT ARE COMPLIANT WITH UNITED
 STATES DEPARTMENT OF LABOR OR NEW YORK STATE DEPARTMENT OF  LABOR  REGU-
 LATIONS,  AS  WELL  AS UNION REFERRAL SYSTEMS WITH COMMUNITY RECRUITMENT
 PROGRAMS, SHALL BE DEEMED AN APPROVED REFERRAL SOURCE FOR  THE  PURPOSES
 OF  PARAGRAPH  THREE OF SUBDIVISION A OF SECTION THIRTY-FIVE HUNDRED TWO
 OF THIS CHAPTER.
   SMALL BUSINESS. THE TERM "SMALL BUSINESS" MEANS AN ENTITY THAT:
   (1) IS INDEPENDENTLY OWNED AND OPERATED; AND
   (2) HAS ANNUAL GROSS REVENUES NOT EXCEEDING FIVE MILLION DOLLARS OR  A
 LESSER AMOUNT ESTABLISHED BY THE DIRECTOR BY RULE.
   SUBCONTRACTOR.  THE TERM "SUBCONTRACTOR" MEANS AN INDIVIDUAL, COMPANY,
 CORPORATION, PARTNERSHIP OR OTHER ENTITY THAT HAS ENTERED INTO AN AGREE-
 MENT WITH A CONTRACTOR OR ANOTHER  SUBCONTRACTOR  IN  ORDER  TO  PERFORM
 SERVICES OR ANY OTHER OBLIGATION UNDER A TRANSACTION, PROVIDED THAT SUCH
 AGREEMENT INVOLVES THE PERFORMANCE OF CONSTRUCTION WORK OF ANY VALUE, OR
 THE  TOTAL  DOLLAR  VALUE  OF  SUCH  AGREEMENT  EXCEEDS  TWENTY THOUSAND
 DOLLARS, AND FURTHER PROVIDED THAT THE  TERM  "SUBCONTRACTOR"  DOES  NOT
 INCLUDE:
   (1) EMPLOYEES;
   (2) GOVERNMENTAL ENTITIES;
   (3)    MICROBUSINESSES,    OTHER   THAN   MICROBUSINESSES   PERFORMING
 CONSTRUCTION WORK UNDER A TRANSACTION; OR
   (4) LABOR ORGANIZATIONS.
   TRANSACTION. THE TERM  "TRANSACTION"  MEANS,  A  PROCUREMENT  CONTRACT
 EXCEPT  THAT  THE TERM "TRANSACTION" SHALL NOT INCLUDE ANY EXEMPT TRANS-
 ACTION.
   § 3502. OFFICE OF  COMMUNITY  HIRING  AND  WORKFORCE  DEVELOPMENT.  A.
 OFFICE  ESTABLISHED.  THE  MAYOR  SHALL ESTABLISH AN OFFICE OF COMMUNITY
 HIRING AND WORKFORCE DEVELOPMENT. SUCH OFFICE MAY BE  ESTABLISHED  AS  A
 SEPARATE  OFFICE OR WITHIN ANY DEPARTMENT THE HEAD OF WHICH IS APPOINTED
 BY THE MAYOR. THE OFFICE OF COMMUNITY HIRING AND  WORKFORCE  DEVELOPMENT
 SHALL  BE  HEADED  BY  A DIRECTOR WHO SHALL BE APPOINTED BY THE MAYOR OR
 HEAD OF SUCH DEPARTMENT. THE  DIRECTOR  SHALL,  AS  THE  DIRECTOR  DEEMS
 APPROPRIATE,  ADOPT  RULES  CONSISTENT  WITH THE PURPOSE OF THIS CHAPTER
 RELATING TO EMPLOYMENT GOALS ON TRANSACTIONS, INCLUDING RULES:
   (1) REQUIRING CONTRACTORS AND  SUBCONTRACTORS  TO  AGREE  TO  PUBLICLY
 DISCLOSE EMPLOYMENT OPPORTUNITIES;
   (2)  ESTABLISHING  A PROCEDURE FOR THE CERTIFICATION OF INDIVIDUALS AS
 ECONOMICALLY DISADVANTAGED CANDIDATES, ECONOMICALLY DISADVANTAGED REGION
 CANDIDATES, OR BOTH, PROVIDED THAT SUCH CERTIFICATION  PROCEDURE  SHALL,
 S. 4006--A                         114                        A. 3006--A
 
 TO THE EXTENT THE DIRECTOR DEEMS FEASIBLE, USE DATA SOURCES AND ADMINIS-
 TRATIVE  PROCESSES  ESTABLISHED  OR  MAINTAINED  BY  THE  CITY FOR OTHER
 PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE  ADMINISTRATIVE  BURDENS  ON
 CONTRACTORS, SUBCONTRACTORS, AND INDIVIDUALS;
   (3)  ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR MAY APPROVE REFER-
 RAL SOURCES FOR THE PURPOSES  OF  THIS  SECTION,  WHEREBY  THE  DIRECTOR
 SHALL:
   (I)  PUBLICLY  RELEASE  A REFERRAL SOURCE SOLICITATION THAT INCLUDES A
 DESCRIPTION OF FUNCTIONS OF A  REFERRAL  SOURCE,  THE  MANNER  IN  WHICH
 RESPONSES  MUST BE SUBMITTED, AND THE CRITERIA BY WHICH RESPONDING ENTI-
 TIES WILL BE APPROVED, AND AUTHORIZE ONE OR MORE ENTITIES, AS  APPROPRI-
 ATE,  TO FUNCTION AS REFERRAL SOURCES, BASED ON THE CRITERIA INCLUDED IN
 THE SOLICITATION;
   (II) AUTHORIZE AN AGENCY IN WRITING TO FUNCTION AS A REFERRAL SOURCE;
   (III) AUTHORIZE, IN WRITING, AN ENTITY ENGAGED PURSUANT TO  AN  AGREE-
 MENT  WITH  AN AGENCY FOR EMPLOYMENT RECRUITMENT SERVICES OR OTHER WORK-
 FORCE DEVELOPMENT SERVICES TO FUNCTION AS A REFERRAL SOURCE; OR
   (IV) IDENTIFY AND DEEM UNION REFERRAL  SYSTEMS  THAT  HAVE  AFFILIATED
 REGISTERED APPRENTICE PROGRAMS WITH DIRECT ENTRY ACCESS FROM PRE-APPREN-
 TICE  PROGRAMS  AND  THAT ARE COMPLIANT WITH UNITED STATES DEPARTMENT OF
 LABOR OR NEW YORK STATE DEPARTMENT OF  LABOR  REGULATIONS,  AS  WELL  AS
 UNION  REFERRAL SYSTEMS WITH COMMUNITY RECRUITMENT PROGRAMS, AS APPROVED
 REFERRAL SYSTEMS;
   (4) ESTABLISHING A PROCEDURE THROUGH WHICH THE  DIRECTOR  MAY  PROVIDE
 INFORMATION  REGARDING  REFERRAL SOURCES TO CONTRACTORS, SUBCONTRACTORS,
 PROSPECTIVE CONTRACTORS, AND PROSPECTIVE SUBCONTRACTORS;
   (5) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR SHALL  MONITOR  AND
 CRITERIA  BY  WHICH  THE DIRECTOR SHALL EVALUATE THE PERFORMANCE OF EACH
 REFERRAL SOURCE ON AN ANNUAL BASIS, AND WHERE  THE  DIRECTOR  DETERMINES
 THAT  A REFERRAL SOURCE HAS PERFORMED INADEQUATELY, TERMINATE OR SUSPEND
 THE REFERRAL SOURCE;
   (6) REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO  INTERVIEW,
 AS  APPROPRIATE,  AND  TO  EMPLOY  QUALIFIED  ECONOMICALLY DISADVANTAGED
 REGION CANDIDATES IN ORDER TO MEET EMPLOYMENT GOALS RELATING TO BUILDING
 SERVICE WORK BASED ON:
   (I) THE PERCENTAGE OF BUILDING SERVICE OPPORTUNITIES FILLED BY ECONOM-
 ICALLY DISADVANTAGED REGION CANDIDATES,  PROVIDED  THAT  IN  CALCULATING
 SUCH GOALS, ABSORPTION HIRES SHALL NOT BE CONSIDERED; OR
   (II)  THE  PERCENTAGE  OF  BUILDING  SERVICE  OPPORTUNITY  LABOR HOURS
 PERFORMED BY ECONOMICALLY DISADVANTAGED REGION CANDIDATES, PROVIDED THAT
 IN CALCULATING SUCH GOALS,  BUILDING  SERVICE  OPPORTUNITY  LABOR  HOURS
 PERFORMED BY ABSORPTION HIRES SHALL NOT BE CONSIDERED;
   (7)  REQUIRING  CONTRACTORS  AND  SUBCONTRACTORS TO AGREE TO MAKE BEST
 EFFORTS TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES
 TO PERFORM NO LESS THAN  THIRTY  PERCENT  OF  THE  CUMULATIVE  HOURS  OF
 CONSTRUCTION  LABOR  ON  TRANSACTIONS  INVOLVING  CONSTRUCTION WORK, AND
 ADDITIONALLY REQUIRING, TO THE EXTENT FEASIBLE CONSISTENT WITH THE MAXI-
 MUM RATIOS OF APPRENTICES TO JOURNEY-LEVEL WORKERS  ESTABLISHED  BY  THE
 NEW  YORK  STATE  DEPARTMENT OF LABOR, THAT SUCH CONTRACTORS AND SUBCON-
 TRACTORS AGREE TO MAKE BEST EFFORTS TO EMPLOY APPRENTICES WHO ARE QUALI-
 FIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES  TO  PERFORM  NO  LESS
 THAN  NINE  PERCENT  OF  SUCH  CUMULATIVE  HOURS  OF CONSTRUCTION LABOR,
 PROVIDED THAT LABOR PERFORMED BY APPRENTICES WHO ARE  QUALIFIED  ECONOM-
 ICALLY  DISADVANTAGED  REGION  CANDIDATES  SHALL BE CREDITED TOWARDS THE
 ACHIEVEMENT OF BOTH EMPLOYMENT GOALS SET FORTH IN  THIS  PARAGRAPH,  AND
 FURTHER  PROVIDED  THAT  PRIOR  TO RELEASING A SOLICITATION FOR A TRANS-
 S. 4006--A                         115                        A. 3006--A
 
 ACTION OR OTHERWISE INITIATING A PROCESS  FOR  ENTERING  INTO  A  TRANS-
 ACTION,  AS  APPLICABLE,  THE DIRECTOR MAY WAIVE SUCH REQUIREMENTS WHERE
 THE DIRECTOR DETERMINES IN WRITING THAT  SUCH  WAIVER  IS  IN  THE  BEST
 INTEREST OF THE CITY;
   (8)  REQUIRING  CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW
 AND TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES  IN  ORDER
 TO  MEET  EMPLOYMENT  GOALS  RELATING  TO  WORK  THAT  NEITHER  INVOLVES
 CONSTRUCTION WORK NOR BUILDING SERVICE WORK, AND ESTABLISHING SUCH GOALS
 BASED ON:
   (I) THE PERCENTAGE OF THE CUMULATIVE HOURS OF LABOR PERFORMED BY  SUCH
 CANDIDATES;
   (II)  THE PERCENTAGE OF EMPLOYMENT OPPORTUNITIES FILLED BY SUCH CANDI-
 DATES; OR
   (III) THE TOTAL VALUE OF THE TRANSACTION;
   (9) REQUIRING SUBCONTRACTORS TO AGREE TO MAKE BEST EFFORTS  TO  INTER-
 VIEW,  AS  APPROPRIATE,  AND TO EXTEND OFFERS OF EMPLOYMENT TO QUALIFIED
 CANDIDATES IN ORDER TO MEET ANY EMPLOYMENT GOALS DESCRIBED IN  PARAGRAPH
 SIX  OR  EIGHT  OF  THIS  SUBDIVISION  AND ESTABLISHED PURSUANT TO RULES
 ADOPTED BY THE DIRECTOR;
   (10) ESTABLISHING A SCHEDULE OF  CIVIL  PENALTIES,  BASED  ON  FACTORS
 INCLUDING  BUT  NOT  LIMITED  TO A CONTRACTOR'S INDUSTRY OR ANY RELEVANT
 OCCUPATIONS EMPLOYED BY A CONTRACTOR OR SUBCONTRACTOR, THAT THE DIRECTOR
 OR AN APPLICABLE AGENCY MAY IMPOSE ON A CONTRACTOR DUE TO  THE  CONTRAC-
 TOR'S  OR  SUBCONTRACTOR'S  NON-COMPLIANCE  WITH  AN  OBLIGATION CREATED
 PURSUANT TO THIS SECTION AND A PROCEDURE  FOR  THE  IMPOSITION  OF  SUCH
 PENALTIES,  WHICH  WILL  NOT  EXCLUDE OTHER REMEDIES ESTABLISHED IN THIS
 CHARTER OR ANY OTHER LAW, PROVIDED  THAT  ANY  CIVIL  PENALTIES  IMPOSED
 PURSUANT  TO  THIS  PARAGRAPH SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED
 DOLLARS FOR EACH NON-COMPLIANCE WITH SUCH AN OBLIGATION OR EACH  FAILURE
 TO  CORRECT  SUCH NON-COMPLIANCE, AND FURTHER PROVIDED THAT WHEN PROMUL-
 GATING RULES ESTABLISHING OR AMENDING SUCH A SCHEDULE  OF  CIVIL  PENAL-
 TIES, THE DIRECTOR SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH PENALTIES
 ON  CONTRACTORS AND SUBCONTRACTORS THAT ARE MWBES, NOT-FOR-PROFIT CORPO-
 RATIONS, OR SMALL BUSINESSES;
   (11) DESIGNATING PAPER OR ELECTRONIC FORMATS  FOR  THE  SUBMISSION  OF
 DOCUMENTS RELATED TO THE SELECTION AND OPERATION OF REFERRAL SOURCES AND
 CONTRACTORS  AND  SUBCONTRACTORS SUBJECT TO GOALS PURSUANT TO PARAGRAPHS
 SIX THROUGH NINE OF THIS SUBDIVISION, AS APPLICABLE, INCLUDING  BUT  NOT
 LIMITED  TO, DOCUMENTS CONTAINING INFORMATION REQUIRED PURSUANT TO PARA-
 GRAPHS ONE AND THREE OF THIS SUBDIVISION AND SUBDIVISION C AND  SUBPARA-
 GRAPHS  (E)  AND  (F) OF PARAGRAPH ONE OF SUBDIVISION D OF THIS SECTION;
 SOLICITATION DOCUMENTS AND RESPONSES, INCLUDING BIDS AND PROPOSALS;  AND
 DATA  RELATED  TO  LABOR  PERFORMED  PURSUANT TO TRANSACTIONS, INCLUDING
 PAYROLL REPORTS, AS APPLICABLE; AND
   (12) (A) AUTHORIZING THE DIRECTOR TO ESTABLISH FACTORS BY WHICH  GOALS
 DESCRIBED IN PARAGRAPHS SIX, EIGHT, AND NINE OF THIS SUBDIVISION WILL BE
 ESTABLISHED FOR INDIVIDUAL TRANSACTIONS, INCLUDING:
   (I) THE SCOPE OF THE TRANSACTION;
   (II)  THE  AVAILABILITY OF QUALIFIED ECONOMICALLY DISADVANTAGED CANDI-
 DATES AND ECONOMICALLY DISADVANTAGED REGION CANDIDATES;
   (III) THE NATURE OF ANY EMPLOYMENT  OPPORTUNITIES  THAT  THE  DIRECTOR
 EXPECTS WILL RESULT FROM THE TRANSACTION;
   (IV)  THE POTENTIAL IMPACT OF SUCH GOAL ON CONTRACTORS AND SUBCONTRAC-
 TORS, AS APPLICABLE, THAT ARE  MWBES,  NOT-FOR-PROFIT  CORPORATIONS,  OR
 SMALL BUSINESSES; AND
   (V) ANY OTHER SIMILAR FACTORS.
 S. 4006--A                         116                        A. 3006--A

   (B)  PRIOR TO SETTING A GOAL PURSUANT TO THIS SUBDIVISION FOR AN INDI-
 VIDUAL TRANSACTION, THE  AGENCY  ENTERING  INTO  THE  TRANSACTION  SHALL
 CONSIDER  THE  GOALS  SET FOR PREVIOUS, SIMILAR TRANSACTIONS AND WHETHER
 SUCH GOALS WERE APPROPRIATE FOR SUCH TRANSACTIONS.
   B.  LISTS  OF ECONOMICALLY DISADVANTAGED REGIONS. NO LATER THAN NINETY
 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AT LEAST ONCE  DURING
 EACH TWELVE-MONTH PERIOD THEREAFTER, THE DIRECTOR SHALL PUBLISH A REPORT
 INCLUDING  AN  UPDATED  LIST  OF  ALL ECONOMICALLY DISADVANTAGED REGIONS
 WITHIN A RADIUS OF ONE HUNDRED MILES OF THE CITY  OR  ALL  SUCH  ECONOM-
 ICALLY DISADVANTAGED REGIONS WITHIN THE METROPOLITAN AREA. NOTHING SHALL
 PRECLUDE  AN INDIVIDUAL WHOSE RESIDENCE IS WITHIN AN ECONOMICALLY DISAD-
 VANTAGED REGION THAT IS NOT INCLUDED IN SUCH LIST FROM QUALIFYING AS  AN
 ECONOMICALLY  DISADVANTAGED  REGION  CANDIDATE FOR THE PURPOSES OF GOALS
 SET FORTH UNDER THIS SECTION.
   C. REPORTING. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER  THE  EFFEC-
 TIVE  DATE  OF  THIS  SECTION AND EACH QUARTER THEREAFTER, THE OFFICE OF
 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT SHALL PUBLISH A REPORT  ON  A
 WEBSITE  MAINTAINED OR CONTROLLED BY THE CITY, PURSUANT TO RULES ADOPTED
 BY THE DIRECTOR, THAT SHALL INCLUDE, FOR EACH TRANSACTION SUBJECT  TO  A
 GOAL  ESTABLISHED PURSUANT TO PARAGRAPH SIX, SEVEN, OR EIGHT OF SUBDIVI-
 SION A OF THIS  SECTION,  INFORMATION  DEMONSTRATING  THE  CORRESPONDING
 CONTRACTOR'S  PROGRESS TOWARDS MEETING SUCH GOAL AND, IF APPLICABLE, ANY
 SUBCONTRACTORS' PROGRESS TOWARDS MEETING ANY GOAL  ESTABLISHED  PURSUANT
 TO  PARAGRAPH SEVEN OR NINE OF SUBDIVISION A OF THIS SECTION, AND AGGRE-
 GATE INFORMATION REGARDING THE DEMOGRAPHICS AND COMPENSATION OF  ECONOM-
 ICALLY   DISADVANTAGED  REGION  CANDIDATES,  ECONOMICALLY  DISADVANTAGED
 CANDIDATES, AND APPRENTICES WHO ARE  ECONOMICALLY  DISADVANTAGED  REGION
 CANDIDATES,  AS APPLICABLE, RELATIVE TO ALL INDIVIDUALS EMPLOYED BY SUCH
 CONTRACTOR AND, IF APPLICABLE, SUBCONTRACTORS ON  SUCH  TRANSACTION.  IN
 COMPILING THIS REPORT, THE DIRECTOR SHALL, TO THE EXTENT HE OR SHE DEEMS
 FEASIBLE,  USE  DATA  SOURCES  ESTABLISHED OR MAINTAINED BY THE CITY FOR
 OTHER PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS
 ON CONTRACTORS AND SUBCONTRACTORS,  PROVIDED  THAT  WHERE  THE  DIRECTOR
 DETERMINES  THAT  SUCH  DATA  SOURCES  CANNOT  BE  USED TO COMPLETE SUCH
 REPORT, THE DIRECTOR MAY ADOPT RULES REQUIRING CONTRACTORS  AND  SUBCON-
 TRACTORS  TO  PROVIDE  SUCH  ADDITIONAL  DATA NECESSARY TO COMPLETE THIS
 REPORT, AND TO CERTIFY THE  ACCURACY  OF  SUCH  ADDITIONAL  INFORMATION.
 NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED TO AUTHORIZE THE DIREC-
 TOR  TO PROMULGATE RULES REQUIRING LABOR ORGANIZATIONS TO PROVIDE INFOR-
 MATION ON A REGULAR BASIS TO COMPLETE SUCH REPORTS.
   D. BEST EFFORTS. (1) IN DETERMINING WHETHER A  CONTRACTOR  OR  SUBCON-
 TRACTOR  HAS  EXERCISED BEST EFFORTS TO MEET THE EMPLOYMENT GOALS ESTAB-
 LISHED PURSUANT TO SUBDIVISION A OF THIS  SECTION,  THE  DIRECTOR  SHALL
 CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV-
 ORED:
   (A)  TO  REVIEW  ECONOMICALLY  DISADVANTAGED  REGION  CANDIDATES'  AND
 ECONOMICALLY DISADVANTAGED CANDIDATES' QUALIFICATIONS, AS APPLICABLE, IN
 GOOD FAITH;
   (B) TO ADVERTISE EMPLOYMENT OPPORTUNITIES, AS APPLICABLE, IN A  MANNER
 REASONABLY  INTENDED  TO  ATTRACT  QUALIFIED  ECONOMICALLY DISADVANTAGED
 CANDIDATES OR ECONOMICALLY DISADVANTAGED REGION CANDIDATES, EXCEPT  THAT
 CONTRACTORS  AND SUBCONTRACTORS PERFORMING CONSTRUCTION WORK PURSUANT TO
 A PROJECT LABOR AGREEMENT SHALL NOT BE  REQUIRED TO ADVERTISE EMPLOYMENT
 OPPORTUNITIES FOR CONSTRUCTION WORK;
   (C) TO COORDINATE WITH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, AS
 APPLICABLE, IN ORDER TO INTERVIEW, IF APPLICABLE, AND EMPLOY SUCH CANDI-
 S. 4006--A                         117                        A. 3006--A
 
 DATES IDENTIFIED BY SUCH REFERRAL SOURCES  OR  APPRENTICESHIP  PROGRAMS,
 PROVIDED THAT FOR CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION
 WORK  PURSUANT  TO  A  PROJECT  LABOR AGREEMENT, THE DIRECTOR SHALL ONLY
 CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV-
 ORED  TO  MEET  SUCH  GOALS BY COMPLYING WITH THE REFERRAL PROVISIONS OF
 SUCH PROJECT LABOR AGREEMENT;
   (D) TO REVIEW AND ORGANIZE THE WORK UNDER THE TRANSACTION IN ORDER  TO
 ELIMINATE OBSTACLES TO MEETING SUCH EMPLOYMENT GOALS;
   (E)  TO  MONITOR  AND  TO DOCUMENT THE CONTRACTOR'S OR SUBCONTRACTOR'S
 EFFORTS TO MEET THE EMPLOYMENT GOALS;
   (F) TO CONTACT THE OFFICE OF COMMUNITY HIRING AND  WORKFORCE  DEVELOP-
 MENT  AT  ROUTINE INTERVALS, OR AS OTHERWISE REQUIRED BY RULE, TO INFORM
 THE DIRECTOR OF THE CONTRACTOR'S OR SUBCONTRACTOR'S EFFORTS TO MEET  THE
 EMPLOYMENT GOALS; AND
   (G)  TO  TAKE  ALL  OTHER  COMMERCIALLY REASONABLE ACTIONS TO MEET THE
 EMPLOYMENT GOALS.
   (2) IN ORDER TO EXERCISE BEST EFFORTS, NEITHER CONTRACTORS NOR SUBCON-
 TRACTORS ARE REQUIRED:
   (A) TO UNDERTAKE AN UNDUE FINANCIAL BURDEN;
   (B) TO TERMINATE OR SUBSTANTIALLY REDUCE THE WORK LEVELS OF ANY  OF  A
 CONTRACTOR'S OR SUBCONTRACTOR'S EXISTING EMPLOYEES;
   (C)  TO  EXTEND  AN  OFFER  OF EMPLOYMENT TO AN INDIVIDUAL WHOSE LABOR
 WOULD NOT BE COMMERCIALLY USEFUL; OR
   (D) TO FORGO FILLING BUILDING SERVICE  OPPORTUNITIES  WITH  ABSORPTION
 HIRES.
   E.  DISCRETIONARY  APPLICATION  OF  GOALS.  NOTWITHSTANDING  ANY OTHER
 PROVISION OF THIS SECTION, EMPLOYMENT GOALS AUTHORIZED UNDER  PARAGRAPHS
 SIX, SEVEN, EIGHT AND NINE OF SUBDIVISION A OF THIS SECTION MAY, BUT ARE
 NOT  REQUIRED  TO  BE,  ESTABLISHED  FOR TRANSACTIONS THAT ARE EMERGENCY
 PROCUREMENT CONTRACTS PROCURED PURSUANT TO THE PROCEDURE  SET  FORTH  IN
 SECTION THREE HUNDRED FIFTEEN OF THIS CHARTER.
   F. ADJUSTMENT OF CONSTRUCTION GOALS. ON A BIANNUAL BASIS, THE DIRECTOR
 SHALL  REVIEW AND THEREAFTER MAY PROMULGATE RULES INCREASING OR DECREAS-
 ING THE VALUE OF THE EMPLOYMENT GOALS ESTABLISHED UNDER PARAGRAPH  SEVEN
 OF SUBDIVISION A OF THIS SECTION.
   G.  WAGE PAYMENT ASSURANCES. THE DIRECTOR MAY PROMULGATE RULES SETTING
 FORTH STANDARDS AND A PROCEDURE BY WHICH CONTRACTORS AND  SUBCONTRACTORS
 THAT  THE DIRECTOR HAS DETERMINED HAVE A RECORD OF FAILING TO PAY WAGES,
 INCLUDING BUT NOT LIMITED TO  PREVAILING  WAGES  AND  BENEFITS  REQUIRED
 PURSUANT  TO  ARTICLE  EIGHT OF THE LABOR LAW, TO INDIVIDUALS PERFORMING
 CONSTRUCTION LABOR UNDER A TRANSACTION  SHALL  BE  REQUIRED  TO  PROVIDE
 ADDITIONAL  ASSURANCES  ACCEPTABLE  TO  THE DIRECTOR IN ORDER TO RECEIVE
 CREDIT TOWARDS THE ACHIEVEMENT OF EMPLOYMENT GOALS SET  FORTH  IN  PARA-
 GRAPH SEVEN OF SUBDIVISION A OF THIS SECTION.
   §  3. Paragraph 1 of subdivision b of section 311 of the New York city
 charter, as amended by local law number 20 of the city of New  York  for
 the year 2004, is amended to read as follows:
   1.   the  methods  for  soliciting  bids  or  proposals  and  awarding
 contracts, consistent with the provisions of this chapter, PROVIDED THAT
 THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
 MAY PROMULGATE RULES AUTHORIZING AGENCIES TO INCORPORATE INTO THE  AWARD
 METHODOLOGY  FOR ANY CONTRACT A QUANTITATIVE FACTOR BASED ON A BIDDER OR
 PROPOSER'S CAPACITY TO MEET OR  EXCEED  GOALS  ESTABLISHED  PURSUANT  TO
 SUBDIVISION  A  OF  SECTION THIRTY-FIVE HUNDRED TWO OF THIS CHARTER, AND
 FURTHER PROVIDED THAT AGENCIES INCORPORATING SUCH A QUANTITATIVE  FACTOR
 INTO  THE AWARD METHODOLOGY FOR A CONTRACT PURSUANT TO SUCH A RULE SHALL
 S. 4006--A                         118                        A. 3006--A
 
 CONSIDER THE POTENTIAL IMPACT OF SUCH A  QUANTITATIVE  FACTOR  ON  BUSI-
 NESSES  CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSU-
 ANT TO ARTICLE FIFTEEN-A  OF  THE  EXECUTIVE  LAW  OR  SECTION  THIRTEEN
 HUNDRED  FOUR  OF  THIS  CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL
 BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FIVE  HUNDRED  ONE
 OF THIS CHARTER;
   §  4.  Subparagraphs  (x) and (xi) of paragraph a of subdivision 36 of
 section 2590-h of the education law, as amended by  chapter  98  of  the
 laws of 2019, are amended and two new subparagraphs (xii) and (xiii) are
 added to read as follows:
   (x)  a  process for emergency procurement in the case of an unforeseen
 danger to life, safety, property or a necessary  service  provided  that
 such  procurement  shall be made with such competition as is practicable
 under the circumstances and that a written determination  of  the  basis
 for the emergency procurement shall be required and filed with the comp-
 troller  of  the  city of New York when such emergency contract is filed
 with such comptroller; [and]
   (xi) procedures for the fair  and  equitable  resolution  of  contract
 disputes[.];
   (XII)  EMPLOYMENT  GOALS  ESTABLISHED  IN  ACCORDANCE WITH THE PROGRAM
 ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW  YORK
 CITY  CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED
 PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING  BEST
 EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED,
 HOWEVER,  THAT  WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE
 DIRECTOR OF THE OFFICE OF COMMUNITY HIRING  AND  WORKFORCE  DEVELOPMENT,
 SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI-
 TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHANCELLOR
 OR HIS OR HER DESIGNEE; AND
   (XIII)  A  QUANTITATIVE  FACTOR  TO BE USED IN THE EVALUATION OF BIDS,
 PROPOSALS OR OTHER OFFERS FOR THE  PURPOSES  OF  AWARDING  OF  CONTRACTS
 BASED  ON  A  BIDDER,  PROPOSER  OR  OTHER OFFERER'S CAPACITY TO MEET OR
 EXCEED GOALS ESTABLISHED PURSUANT TO SUBPARAGRAPH (XII)  OF  THIS  PARA-
 GRAPH, PROVIDED THAT, WHEN INCORPORATING SUCH A QUANTITATIVE FACTOR INTO
 THE  AWARD  PROCESS  FOR  A CONTRACT, THE CHANCELLOR, SUPERINTENDENT, OR
 SCHOOL, AS APPLICABLE, SHALL CONSIDER THE POTENTIAL  IMPACT  OF  SUCH  A
 QUANTITATIVE  FACTOR  ON BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED
 BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE  LAW
 OR  SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, NOT-FOR-
 PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM  IS  DEFINED  IN
 SECTION THIRTY-FIVE HUNDRED ONE OF SUCH CHARTER.
   §  5.  Subdivision (c) of section 917 of the general municipal law, as
 separately amended by chapter 1082 of the laws of 1974 and  chapter  239
 of the laws of 2001, is amended to read as follows:
   (c)  For the benefit of the city and the inhabitants thereof an indus-
 trial development agency, to be known as the New  York  City  Industrial
 Development  Agency, is hereby established for the accomplishment of any
 or all of the purposes specified in title one of article  eighteen-A  of
 this  chapter,  except  that it shall not have the power to construct or
 rehabilitate any residential facility or housing of any nature and  kind
 whatsoever,   nor  shall  it  use  any  of  its  funds  to  further  the
 construction or rehabilitation of any residential facility or housing of
 any nature and kind whatsoever. It shall constitute a body corporate and
 politic, and be perpetual in duration. It shall only have the powers and
 duties conferred by title one of article eighteen-A of this chapter upon
 industrial development agencies as of January 1,  1973  except  that  it
 S. 4006--A                         119                        A. 3006--A
 
 shall have the power to finance a rail freight facility AND THE POWER TO
 ESTABLISH  EMPLOYMENT  GOALS  IN ACCORDANCE WITH THE PROGRAM ESTABLISHED
 PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK  CITY  CHAR-
 TER,  INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT
 TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING  BEST  EFFORTS
 PROVISIONS  SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEV-
 ER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIREC-
 TOR OF THE OFFICE OF COMMUNITY HIRING AND  WORKFORCE  DEVELOPMENT,  SUCH
 ACTION  SHALL  NOT  BE  TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNITY
 HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHIEF  EXECU-
 TIVE OFFICER OF THE AGENCY OR HIS OR HER DESIGNEE, and it shall not have
 the  power of condemnation. In the exercise of the powers conferred upon
 such agency with respect to the acquisition of real property by  article
 eighteen-A of this chapter such agency shall be limited to the geograph-
 ical jurisdictional limits of the city.
   §  6.  Section  816-b of the labor law, as added by chapter 571 of the
 laws of 2001, is amended to read as follows:
   §  816-b.  Apprenticeship  participation  on  [construction]   CERTAIN
 GOVERNMENTAL contracts. 1. For purposes of this section:
   (a)  "governmental  entity" shall mean the state, any state agency, as
 that term is defined in section two-a of the state finance law,  munici-
 pal  corporation, commission appointed pursuant to law, school district,
 district corporation, board of education, board  of  cooperative  educa-
 tional  services,  soil conservation district, and public benefit corpo-
 ration; [and]
   (b) "construction contract" shall mean any contract to which a govern-
 mental entity may be a direct  or  indirect  party  which  involves  the
 design, construction, reconstruction, improvement, rehabilitation, main-
 tenance, repair, furnishing, equipping of or otherwise providing for any
 building, facility or physical structure of any kind; AND
   (C) "CITY GOVERNMENTAL ENTITY" MEANS A GOVERNMENTAL ENTITY THAT IS (I)
 A  CITY  WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS; OR (II) A
 CITY SCHOOL DISTRICT OR PUBLIC BENEFIT CORPORATION  OPERATING  PRIMARILY
 WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS.
   2. Notwithstanding any other provision of this article, of section one
 hundred three of the general municipal law, of section one hundred thir-
 ty-five  of  the  state finance law, of section one hundred fifty-one of
 the public housing law, or of any other general, special or local law or
 administrative code, in  entering  into  any  construction  contract,  a
 governmental  entity [which] THAT is to be a direct or indirect party to
 such contract may require that any contractors and subcontractors  have,
 prior  to  entering into such contract, apprenticeship agreements appro-
 priate for the type and scope of work to be performed,  that  have  been
 registered  with,  and  approved  by,  the  commissioner pursuant to the
 requirements found in this article. A CITY GOVERNMENTAL ENTITY THAT IS A
 DIRECT OR INDIRECT PARTY TO A CONTRACT, INCLUDING BUT NOT LIMITED  TO  A
 CONSTRUCTION CONTRACT, MAY ESTABLISH IN ITS SPECIFICATIONS A REQUIREMENT
 THAT,  IN  PERFORMING  THE  WORK,  THE CONTRACTOR AND ITS SUBCONTRACTORS
 UTILIZE A MINIMUM RATIO OF  APPRENTICES  TO  JOURNEY-LEVEL  WORKERS,  AS
 ESTABLISHED  BY THE GOVERNMENTAL ENTITY BUT SUBJECT TO ANY MAXIMUM RATIO
 ESTABLISHED BY THE DEPARTMENT, FOR ANY  CLASSIFICATION  APPROPRIATE  FOR
 THE  TYPE AND SCOPE OF WORK TO BE PERFORMED, PROVIDED THAT NO SUCH MINI-
 MUM RATIO SHALL  BE  ESTABLISHED  FOR  LABOR  PERFORMED  PURSUANT  TO  A
 CONSTRUCTION  CONTRACT  SUBJECT  TO A GOAL FOR THE EMPLOYMENT OF APPREN-
 TICES WHO RESIDE IN ECONOMICALLY DISADVANTAGED REGIONS. Whenever utiliz-
 ing [this requirement] THESE REQUIREMENTS, the governmental entity  may,
 S. 4006--A                         120                        A. 3006--A
 
 in addition to whatever considerations are required by law, consider the
 degree to which career opportunities in apprenticeship training programs
 approved by the commissioner may be provided.
   §  7.  Notwithstanding any provision of law to the contrary, any city-
 affiliated not-for-profit  corporation,  as  such  term  is  defined  in
 section  3501  of  the New York city charter, is authorized to establish
 employment goals in accordance with the program established pursuant  to
 section  3502  of  such charter, including but not limited to employment
 goals established pursuant to paragraph  7  of  subdivision  a  and  the
 corresponding best efforts provisions set forth in subdivision d of such
 section;  provided,  however,  that  where  a  provision of such section
 requires action by the director of the office of  community  hiring  and
 workforce  development of the city of New York, such action shall not be
 taken by the director of the office of community  hiring  and  workforce
 development  but  shall  be taken by the chief executive officer of such
 corporation, or a duly appointed designee.
   § 8. Section 1728 of the public authorities law is amended by adding a
 new subdivision 15-a to read as follows:
   15-A. TO ESTABLISH EMPLOYMENT GOALS IN  ACCORDANCE  WITH  THE  PROGRAM
 ESTABLISHED  PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW YORK
 CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS  ESTABLISHED
 PURSUANT  TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST
 EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED,
 HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION  BY  THE
 DIRECTOR  OF  THE  OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT,
 SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI-
 TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE  PRESIDENT
 OF THE AUTHORITY OR HIS OR HER DESIGNEE;
   §  9. The opening paragraph of paragraph d of subdivision 5 of section
 1734 of the public authorities law, as added by chapter 738 of the  laws
 of 1988, is amended to read as follows:
   the  authority  determines  that it is in the public interest to award
 contracts pursuant to a process for competitive requests  for  proposals
 as  hereinafter  set  forth. For purposes of this section, a process for
 competitive requests for proposals shall mean  a  method  of  soliciting
 proposals and awarding a contract on the basis of a formal evaluation of
 the  characteristics,  such  as  quality,  cost,  delivery schedule, THE
 CAPACITY TO MEET OR EXCEED THE GOALS SET FORTH IN SUBDIVISION  FIFTEEN-A
 OF SECTION SEVENTEEN HUNDRED TWENTY-EIGHT OF THIS TITLE and financing of
 such  proposals  against stated selection criteria. Public notice of the
 requests for proposals shall be given in the same manner as provided  in
 subdivision three of this section and shall include the selection crite-
 ria. In the event the authority makes a material change in the selection
 criteria  from those previously stated in the notice, it will inform all
 proposers of such change and permit proposers to modify their proposals.
 WHEN THE AUTHORITY INCLUDES IN THE SELECTION CRITERIA FOR A REQUEST  FOR
 PROPOSALS  A  QUANTITATIVE FACTOR BASED ON A PROPOSER'S CAPACITY TO MEET
 OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A OF SECTION SEVEN-
 TEEN HUNDRED TWENTY-EIGHT OF THIS TITLE, THE  AUTHORITY  SHALL  CONSIDER
 THE  POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTI-
 FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE
 FIFTEEN-A OF THE EXECUTIVE LAW, SECTION THIRTEEN HUNDRED FOUR OF THE NEW
 YORK CITY CHARTER, OR SECTION  SEVENTEEN  HUNDRED  FORTY-THREE  OF  THIS
 TITLE,  NOT-FOR-PROFIT  CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM
 IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW YORK CITY CHAR-
 TER.
 S. 4006--A                         121                        A. 3006--A
 
   § 10. Section 5 of section 1 of chapter  1016  of  the  laws  of  1969
 constituting  the New York city health and hospitals corporation act, is
 amended by adding a new subdivision 20-a to read as follows:
   20-A.  TO  ESTABLISH  EMPLOYMENT  GOALS IN ACCORDANCE WITH THE PROGRAM
 ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO OF THE NEW  YORK
 CITY  CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED
 PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING  BEST
 EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED,
 HOWEVER,  THAT  WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE
 DIRECTOR OF THE OFFICE OF COMMUNITY HIRING  AND  WORKFORCE  DEVELOPMENT,
 SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI-
 TY  HIRING  AND  WORKFORCE  DEVELOPMENT  BUT  SHALL  BE  TAKEN BY A DULY
 APPOINTED DESIGNEE OF THE CORPORATION; AND
   § 11. Section 8 of section 1 of chapter  1016  of  the  laws  of  1969
 constituting  the New York city health and hospitals corporation act, is
 amended by adding a new subdivision 1-a to read as follows:
   1-A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT, THE  CORPORATION
 MAY ESTABLISH A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS
 FOR  THE  PURPOSES OF AWARDING OF CONTRACTS BASED ON A BIDDER'S CAPACITY
 TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-A  OF
 SECTION FIVE OF THIS ACT, PROVIDED THAT WHEN ESTABLISHING SUCH A QUANTI-
 TATIVE  FACTOR,  THE  CORPORATION SHALL CONSIDER THE POTENTIAL IMPACT OF
 SUCH A QUANTITATIVE  FACTOR  ON  BUSINESSES  CERTIFIED  AS  MINORITY  OR
 WOMEN-OWNED  BUSINESS  ENTERPRISES  PURSUANT TO ARTICLE FIFTEEN-A OF THE
 EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR  OF  THE  NEW  YORK  CITY
 CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM
 IS DEFINED IN SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW YORK CITY CHAR-
 TER;
   §  12.  Subdivision  b of section 2 of chapter 749 of the laws of 2019
 constituting the New York city public works investment act,  is  amended
 by adding a new paragraph 12-a to read as follows:
   (12-A)  A  QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS OR
 OFFERS FOR AWARDING OF CONTRACTS BASED ON A BIDDER OR OFFERER'S CAPACITY
 TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION A OF SECTION
 3502 OF THE NEW YORK CITY CHARTER;
   § 13. No provision of this act shall be construed  to  invalidate  any
 provision  of  a  project  labor  agreement,  as such term is defined in
 section 3501 of the New York city charter, as added by  section  two  of
 this  act,  or  otherwise  affect the contractual rights of any party to
 such an agreement.
   § 14. Severability. If any clause, sentence, paragraph, or section  of
 this  act is declared invalid or unconstitutional by any court of compe-
 tent jurisdiction, after exhaustion of all further judicial review, such
 portion shall be deemed severable, and the court's  judgment  shall  not
 affect,  impair  or  invalidate  the remainder of this act, but shall be
 confined in its operation to the clause, sentence, paragraph, or section
 of this act directly involved in the controversy in which  the  judgment
 was rendered.
   §  15.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided that:
   (a) sections one, two, three, five,  six,  seven,  eight,  nine,  ten,
 eleven,  thirteen,  and  fourteen of this act shall expire and be deemed
 repealed seven years after this act takes  effect,  provided  that  such
 expiration  and repeal shall not affect any transaction, as such term is
 defined by section 3501 of the  New  York  city  charter,  as  added  by
 section  two  of  this act, entered into or for which a solicitation was
 S. 4006--A                         122                        A. 3006--A
 
 released prior to such expiration and repeal, or to any renewals, exten-
 sions, modifications, or amendments to such transaction;
   (b)  the amendments to paragraph a of subdivision 36 of section 2590-h
 of the education law made by section four of this act shall  not  affect
 the expiration of such subdivision and section pursuant to section 34 of
 chapter 91 of the laws of 2002 and subdivision 12 of section 17 of chap-
 ter  345 of the laws of 2009, as amended, and shall expire and be deemed
 repealed therewith, or seven years after this act takes effect, whichev-
 er occurs earlier, provided that such expiration and  repeal  shall  not
 affect  any  transaction  entered  into  or for which a solicitation was
 released prior to such expiration and repeal, or to any renewals, exten-
 sions, modifications, or amendments to such transaction; and
   (c) the amendments to chapter 749 of the laws of 2019 constituting the
 New York city public works investment act made by section twelve of this
 act shall not affect the expiration and repeal of such chapter  pursuant
 to  section  14  of  such  chapter,  as amended, and shall expire and be
 deemed repealed therewith, or seven years after this act  takes  effect,
 whichever occurs earlier.
   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  by  the  director of the office of community hiring and
 workforce development of the city of New York, the  chancellor  and  the
 city  board  of  the  city  school district of the city of New York, the
 president of the New York city school construction authority,  the  duly
 appointed  designee  of  the  New  York city health and hospitals corpo-
 ration, the chief executive officer of  the  New  York  city  industrial
 development  agency, and the chief executive officer of any city-affili-
 ated not-for-profit corporation, as such term is defined by section 3501
 of the New York city charter, as added by section two of this act.
 
                                  PART U
 
   Section 1. Subdivision 2 of section 410-u of the social services  law,
 as  amended by section 1 of part L of chapter 56 of the laws of 2022, is
 amended to read as follows:
   2. The state block grant for child care  shall  be  divided  into  two
 parts pursuant to a plan developed by the department and approved by the
 director  of  the  budget.  One  part  shall be retained by the state to
 provide child care on a statewide basis to special groups and for activ-
 ities  to  increase  the  availability  and/or  quality  of  child  care
 programs,  including,  but  not  limited  to, the start-up of child care
 programs, the operation of child care resource  and  referral  programs,
 training  activities,  the  regulation  and  monitoring  of  child  care
 programs, the development of computerized  data  systems,  and  consumer
 education,  provided  however,  that  child  care  resource and referral
 programs funded under title five-B of article six of this chapter  shall
 meet  additional  performance  standards  developed by the department of
 social services including but not limited to: increasing the  number  of
 child  care  placements  for  persons  who  are at or below [two hundred
 percent of the state income standard, or three hundred  percent  of  the
 state  income  standard effective August first, two thousand twenty-two,
 provided such persons are at or below] eighty-five percent of the  state
 median  income,  with emphasis on placements supporting local efforts in
 meeting federal and state work  participation  requirements,  increasing
 technical  assistance  to  all modalities of legal child care to persons
 S. 4006--A                         123                        A. 3006--A
 
 who are at or below [two hundred percent of the state  income  standard,
 or  three  hundred percent of the state income standard effective August
 first, two thousand twenty-two, provided such persons are at  or  below]
 eighty-five  percent of the state median income, including the provision
 of training to assist providers in meeting child care standards or regu-
 latory requirements, and creating  new  child  care  opportunities,  and
 assisting social services districts in assessing and responding to child
 care  needs  for  persons  at or below [two hundred percent of the state
 income standard, or three hundred percent of the state  income  standard
 effective  August  first, two thousand twenty-two, provided such persons
 are at or below] eighty-five percent of the  state  median  income.  The
 department  shall  have the authority to withhold funds from those agen-
 cies which do not meet performance standards. Agencies whose  funds  are
 withheld  may  have funds restored upon achieving performance standards.
 The other part shall  be  allocated  to  social  services  districts  to
 provide  child  care  assistance to families receiving family assistance
 and to other low income families.
   § 2.  Subdivisions 1 and 3 of section 410-w  of  the  social  services
 law,  subdivision  1  as amended by section 2 of part L of chapter 56 of
 the laws of 2022, and subdivision 3 as amended by  chapter  834  of  the
 laws of 2022, are amended to read as follows:
   1.  A  social services district may use the funds allocated to it from
 the block grant to provide child care assistance to:
   (a) families receiving public assistance when such child care  assist-
 ance is necessary: to enable a parent or caretaker relative to engage in
 work,  participate  in  work  activities  or perform a community service
 pursuant to title nine-B of article five of this chapter;  to  enable  a
 teenage  parent  to  attend  high  school  or  other equivalent training
 program; because the parent  or  caretaker  relative  is  physically  or
 mentally incapacitated; or because family duties away from home necessi-
 tate the parent or caretaker relative's absence; child day care shall be
 provided during breaks in activities[, for a period of up to two weeks].
 Such child day care [may] SHALL be authorized [for a period of up to one
 month if child care arrangements shall be lost if not continued, and the
 program  or employment is scheduled to begin within such period] FOR THE
 PERIOD DESIGNATED BY THE REGULATIONS OF THE DEPARTMENT;
   (b) families with incomes up to [two  hundred  percent  of  the  state
 income  standard,  or three hundred percent of the state income standard
 effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT  OF
 THE  STATE  MEDIAN  INCOME who are attempting through work activities to
 transition off of public assistance when such child care is necessary in
 order to enable a  parent  or  caretaker  relative  to  engage  in  work
 provided  such  families'  public  assistance  has  been terminated as a
 result of increased hours of or  income  from  employment  or  increased
 income  from  child  support  payments  or  the family voluntarily ended
 assistance; provided that the family received public assistance at least
 three of the six months preceding the month  in  which  eligibility  for
 such  assistance  terminated  or  ended or provided that such family has
 received child care assistance under subdivision four of this  section[;
 and  provided,  the family income does not exceed eighty-five percent of
 the state median income];
   (c) families with incomes up to [two  hundred  percent  of  the  state
 income  standard,  or three hundred percent of the state income standard
 effective August first, two thousand twenty-two] EIGHTY-FIVE PERCENT  OF
 THE  STATE  MEDIAN  INCOME,  which are determined in accordance with the
 regulations of the department to be at risk  of  becoming  dependent  on
 S. 4006--A                         124                        A. 3006--A
 
 family  assistance[; provided, the family income does not exceed eighty-
 five percent of the state median income];
   (d)  families  with  incomes  up  to [two hundred percent of the state
 income standard, or three hundred percent of the state  income  standard
 effective  August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF
 THE STATE MEDIAN INCOME, who are attending a post secondary  educational
 program[;  provided,  the  family  income  does  not  exceed eighty-five
 percent of the state median income]; and
   (e) other families with incomes up to  [two  hundred  percent  of  the
 state  income  standard,  or  three  hundred percent of the state income
 standard effective August first,  two  thousand  twenty-two,  which  the
 social services district designates in its consolidated services plan as
 eligible  for  child  care  assistance] EIGHTY-FIVE PERCENT OF THE STATE
 MEDIAN INCOME in accordance with criteria  established  by  the  depart-
 ment[;  provided,  the family income does not exceed eighty-five percent
 of the state median income].
   3. A social services district shall guarantee child care assistance to
 families in receipt of public assistance with  children  under  thirteen
 years  of  age when such child care assistance is necessary for a parent
 or caretaker relative to engage in work or participate  in  work  activ-
 ities pursuant to the provisions of title nine-B of article five of this
 chapter.  Child care assistance shall continue to be guaranteed for such
 a family for a period of twelve months or may be provided  by  a  social
 service  district for a period up to twenty-four months, after the month
 in which the family's eligibility for public assistance  has  terminated
 or ended when such child care is necessary in order to enable the parent
 or  caretaker  relative  to  engage  in work, provided that the family's
 public assistance has been terminated as a result of an increase in  the
 hours  of  or  income  from  employment  or  increased income from child
 support payments or because the  family  voluntarily  ended  assistance;
 that  the family received public assistance in at least three of the six
 months preceding the month in  which  eligibility  for  such  assistance
 terminated or ended or provided that such family has received child care
 assistance under subdivision four of this section; AND that the family's
 income  does  not exceed [two hundred percent of the state income stand-
 ard, or three hundred percent of the  state  income  standard  effective
 August  first,  two thousand twenty-two; and that the family income does
 not exceed] eighty-five percent of the state median income.  Such  child
 day  care  shall recognize the need for continuity of care for the child
 and a district shall not move a child from an existing  provider  unless
 the participant consents to such move.
   §  3.  Paragraph  (a)  of subdivision 2 of section 410-x of the social
 services law, as amended by chapter 416 of the laws of 2000, is  amended
 to read as follows:
   (a)  [A social services district] THE DEPARTMENT may establish priori-
 ties for the  families  which  will  be  eligible  to  receive  funding;
 provided that the priorities provide that eligible families will receive
 equitable access to child care assistance funds to the extent that these
 funds are available.
   §  4.  Paragraphs (b) and (c) of subdivision 2 of section 410-x of the
 social services law are REPEALED.
   § 5. This act shall take effect October 1, 2023. The office  of  chil-
 dren  and  family services is hereby authorized to promulgate such rules
 and regulations as may be necessary, including on an emergency basis, to
 implement the provisions of this act.
 S. 4006--A                         125                        A. 3006--A
 
                                  PART V
 
   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  M  of
 chapter 56 of the laws of 2022, is amended to read as follows:
   §  3.  This act shall take effect immediately [and shall expire and be
 deemed repealed April 1, 2023]; provided however that the amendments  to
 subdivision 10 of section 153 of the social services law made by section
 one of this act, shall not affect the expiration of such subdivision and
 shall be deemed to expire therewith.
   § 2. This act shall take effect immediately.

                                  PART W
 
   Section 1. Section 11 of subpart A of part G of chapter 57 of the laws
 of  2012,  amending  the  social  services  law and the family court act
 relating to establishing a  juvenile  justice  services  close  to  home
 initiative,  as amended by section 2 of part G of chapter 56 of the laws
 of 2018, is amended to read as follows:
   § 11. This act shall take effect April 1, 2012 [and  shall  expire  on
 March  31,  2023 when upon such date the provisions of this act shall be
 deemed repealed; provided,  however,  that  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
 and  directed to be made and completed on or before such effective date;
 provided, however, upon the  repeal  of  this  act,  a  social  services
 district  that  has  custody  of  a  juvenile  delinquent pursuant to an
 approved juvenile justice services close to home initiative shall retain
 custody of such juvenile delinquent until custody may be legally  trans-
 ferred  in  an  orderly  fashion  to  the  office of children and family
 services].
   § 2. Section 7 of subpart B of part G of chapter 57  of  the  laws  of
 2012,  amending  the  social  services law, the family court act and the
 executive law relating to juvenile delinquents, as amended by section  3
 of  part  G  of  chapter  56  of the laws of 2018, is amended to read as
 follows:
   § 7. This act shall take effect April 1, 2012  [and  shall  expire  on
 March  31,  2023 when upon such date the provisions of this act shall be
 deemed repealed; provided,  however,  that  effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date  is  authorized
 and directed to be made and completed on or before such effective date].
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 31, 2023.
 
                                  PART X
 
   Section 1. Subdivision 1 of section 336-a of the social services  law,
 as  amended  by  chapter  275 of the laws of 2017, is amended to read as
 follows:
   1. Social services districts shall make  available  vocational  educa-
 tional training and educational activities.  Such activities may include
 but  need not be limited to, high school education or education designed
 to prepare a participant for  a  high  school  equivalency  certificate,
 basic  and  remedial education, education in English proficiency, educa-
 S. 4006--A                         126                        A. 3006--A
 
 tion or a course of  instruction  in  financial  literacy  and  personal
 finance  that  includes  instruction  on household cash management tech-
 niques, career advice to obtain a well  paying  and  secure  job,  using
 checking  and  savings  accounts, obtaining and utilizing short and long
 term credit, securing a loan or other long  term  financing  arrangement
 for  high  cost  items,  participation  in  a higher education course of
 instruction or trade school, and no more than a total of four  years  of
 post-secondary  education  (or  the  part-time  equivalent). Educational
 activities pursuant to this section may  be  offered  with  any  of  the
 following  providers  which meet the performance or assessment standards
 established in regulations by the commissioner  for  such  providers:  a
 community college, licensed trade school, registered business school, or
 a  two-year or four-year college; provided, however, that such post-sec-
 ondary education must be necessary to  the  attainment  of  the  partic-
 ipant's  individual  employment  goal  as set forth in the employability
 plan and such goal must relate directly to obtaining  useful  employment
 [in  a  recognized  occupation].  When making [any] AN assignment to any
 educational activity pursuant to this subdivision, such assignment shall
 be permitted only to the extent that such assignment is consistent  with
 the individual's assessment and employment plan goals in accordance with
 sections  three  hundred  thirty-five and three hundred thirty-five-a of
 this title and shall require that the individual maintains  satisfactory
 academic progress and hourly participation is documented consistent with
 federal  and  state requirements. For purposes of this provision "satis-
 factory academic progress" shall mean having a cumulative C average,  or
 its  equivalent, as determined by the academic institution. The require-
 ment to maintain satisfactory academic progress may be waived if done so
 by the academic institution and the social services  district  based  on
 undue  hardship  caused by an event such as a personal injury or illness
 of the student, the death of a relative of the student or  other  exten-
 uating circumstances. [Any enrollment in post-secondary education beyond
 a twelve month period must be combined with no less than twenty hours of
 participation  averaged  weekly in paid employment or work activities or
 community service when paid employment is not available.]  PARTICIPATION
 IN  AN  EDUCATIONAL  AND/OR  VOCATIONAL  TRAINING  PROGRAM,  THAT  SHALL
 INCLUDE, BUT  NOT  BE  LIMITED  TO,  A  TWO-YEAR  POST-SECONDARY  DEGREE
 PROGRAM, WHICH IS NECESSARY FOR THE PARTICIPANT TO ATTAIN THEIR INDIVID-
 UAL  EMPLOYMENT  GOAL AND IS LIKELY TO LEAD TO A DEGREE OR CERTIFICATION
 AND SUSTAINED  EMPLOYMENT, SHALL BE APPROVED CONSISTENT WITH SUCH  INDI-
 VIDUAL'S  ASSESSMENT  AND  EMPLOYABILITY  PLAN  TO  THE EXTENT THAT SUCH
 APPROVAL DOES NOT JEOPARDIZE THE STATE'S ABILITY TO COMPLY WITH  FEDERAL
 WORK  PARTICIPATION  RATES, AS DETERMINED BY THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE.
   § 2. Paragraph (a) of subdivision 8 of section  131-a  of  the  social
 services  law  is amended by adding two new subparagraphs (xi) and (xii)
 to read as follows:
   (XI) ALL OF THE EARNED INCOME OF A RECIPIENT OF PUBLIC ASSISTANCE THAT
 IS DERIVED FROM PARTICIPATION IN A QUALIFIED WORK ACTIVITY  OR  TRAINING
 PROGRAM  AS DETERMINED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE, TO THE EXTENT THAT SUCH EARNED INCOME HAS NOT ALREADY BEEN  DISRE-
 GARDED  PURSUANT  TO SUBPARAGRAPH (VII) OF THIS PARAGRAPH, PROVIDED THAT
 THE RECIPIENT'S TOTAL INCOME SHALL NOT BE MORE THAN TWO HUNDRED  PERCENT
 OF THE FEDERAL POVERTY LEVEL.
   (XII)  ONCE  DURING  THE LIFETIME OF A RECIPIENT OF PUBLIC ASSISTANCE,
 ALL OF THE EARNED INCOME OF SUCH RECIPIENT WILL BE DISREGARDED FOLLOWING
 JOB ENTRY, PROVIDED THAT SUCH EXEMPTION OF INCOME FOR PURPOSES OF PUBLIC
 S. 4006--A                         127                        A. 3006--A
 
 ASSISTANCE ELIGIBILITY SHALL BE FOR NO MORE THAN SIX CONSECUTIVE  MONTHS
 FROM  THE INITIAL DATE OF OBTAINING SUCH EMPLOYMENT AND THAT THE RECIPI-
 ENT'S TOTAL INCOME SHALL NOT BE MORE THAN TWO  HUNDRED  PERCENT  OF  THE
 FEDERAL POVERTY LEVEL.
   §  3. This act shall take effect on the two hundred fortieth day after
 it shall have become a law.
 
                                  PART Y
 
   Section 1. The social services law is amended by adding a new  section
 152-d to read as follows:
   §  152-D.  REPLACEMENT OF STOLEN PUBLIC ASSISTANCE. 1. NOTWITHSTANDING
 SECTION THREE HUNDRED FIFTY-J OF THIS ARTICLE AND SUBDIVISION ELEVEN  OF
 SECTION  ONE  HUNDRED  THIRTY-ONE  OF THIS TITLE, AND IN ACCORDANCE WITH
 THIS SECTION, PUBLIC ASSISTANCE  RECIPIENTS  SHALL  RECEIVE  REPLACEMENT
 ASSISTANCE  FOR THE LOSS OF PUBLIC ASSISTANCE, AS DEFINED IN SUBDIVISION
 NINETEEN OF SECTION TWO OF THIS CHAPTER, IN INSTANCES WHEN  SUCH  PUBLIC
 ASSISTANCE  HAS BEEN STOLEN AS A RESULT OF CARD SKIMMING, CLONING, THIRD
 PARTY MISREPRESENTATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES, CONSIST-
 ENT WITH GUIDANCE ISSUED BY  THE  OFFICE  OF  TEMPORARY  AND  DISABILITY
 ASSISTANCE.
   2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH A
 PROTOCOL FOR RECIPIENTS TO REPORT INCIDENTS OF STOLEN PUBLIC ASSISTANCE.
   3.  SOCIAL  SERVICES  DISTRICTS  SHALL  PROMPTLY REPLACE STOLEN PUBLIC
 ASSISTANCE, HOWEVER, SUCH REPLACEMENT SHALL OCCUR  NO  LATER  THAN  FIVE
 BUSINESS DAYS AFTER THE SOCIAL SERVICES DISTRICT HAS VERIFIED THE PUBLIC
 ASSISTANCE  WAS  STOLEN  IN  ACCORDANCE WITH GUIDANCE ESTABLISHED BY THE
 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.
   4. FOR PUBLIC ASSISTANCE  THAT  IS  VERIFIED  AS  STOLEN,  REPLACEMENT
 ASSISTANCE  SHALL BE PROVIDED BY THE SOCIAL SERVICES DISTRICT IN ACCORD-
 ANCE WITH THIS SECTION AS FOLLOWS:
   (A) THE LESSER OF: (I)  THE  AMOUNT  OF  PUBLIC  ASSISTANCE  THAT  WAS
 STOLEN;  OR (II) THE AMOUNT OF PUBLIC ASSISTANCE PROVIDED DURING THE TWO
 MOST RECENT MONTHS PRIOR TO SUCH ASSISTANCE BEING STOLEN; AND
   (B)(I) NO MORE THAN TWICE IN A FEDERAL FISCAL  YEAR  TO  COVER  PUBLIC
 ASSISTANCE  STOLEN  ON  OR  AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-TWO
 THROUGH SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-FOUR; OR (II)  NO  MORE
 THAN  ONCE IN A FEDERAL FISCAL YEAR TO COVER PUBLIC ASSISTANCE STOLEN ON
 OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR.
   5. ANY REPLACEMENT ASSISTANCE PROVIDED UNDER  THIS  SECTION  SHALL  BE
 EXEMPT  FROM RECOUPMENT AND RECOVERY PROVISIONS UNDER TITLE SIX OF ARTI-
 CLE THREE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT ASSISTANCE SHALL  NOT
 BE  EXEMPT  FROM  RECOUPMENT AND RECOVERY IF IT IS LATER DETERMINED THAT
 THE PUBLIC ASSISTANCE THAT WAS REPLACED PURSUANT TO THIS SECTION WAS NOT
 STOLEN AS A RESULT OF CARD SKIMMING, CLONING, THIRD  PARTY  MISREPRESEN-
 TATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES.
   § 2. This act shall take effect immediately.
 
                                  PART Z
 
   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  S  of  chapter  56  of  the  laws  of 2022, are amended to read as
 follows:
 S. 4006--A                         128                        A. 3006--A

   (a) in the case of each individual receiving family  care,  an  amount
 equal to at least [$161.00] $175.00 for each month beginning on or after
 January first, two thousand [twenty-two] TWENTY-THREE.
   (b)  in  the  case  of  each individual receiving residential care, an
 amount equal to at least [$186.00] $202.00 for each month  beginning  on
 or after January first, two thousand [twenty-two] TWENTY-THREE.
   (c)  in  the  case  of  each individual receiving enhanced residential
 care, an amount equal to at  least  [$222.00]  $241.00  for  each  month
 beginning  on  or after January first, two thousand [twenty-two] TWENTY-
 THREE.
   (d) for the period commencing January  first,  two  thousand  [twenty-
 three]  TWENTY-FOUR,  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-three] TWENTY-FOUR, but prior to  June  thirtieth,  two
 thousand  [twenty-three]  TWENTY-FOUR,  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
 S of chapter 56 of the laws of 2022, are amended to read as follows:
   (a) On and after January  first,  two  thousand  [twenty-two]  TWENTY-
 THREE, for an eligible individual living alone, [$928.00] $1,001.00; and
 for an eligible couple living alone, [$1,365.00] $1,475.00.
   (b)   On   and   after   January   first,  two  thousand  [twenty-two]
 TWENTY-THREE, for an eligible individual  living  with  others  with  or
 without  in-kind  income,  [$864.00] $937.00; and for an eligible couple
 living  with  others  with  or  without  in-kind   income,   [$1,307.00]
 $1,417.00.
   (c) On and after January first, two thousand [twenty-two]TWENTY-THREE,
 (i)  for  an  eligible  individual  receiving  family  care, [$1,107.48]
 $1,180.48 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,
 [$1,069.48] $1,142.48; 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-two]
 TWENTY-THREE, (i) for an eligible individual receiving residential care,
 [$1,276.00] $1,349.00 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, [$1,246.00] $1,319.00; 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.
 S. 4006--A                         129                        A. 3006--A

   (e)  On  and  after   January   first,   two   thousand   [twenty-two]
 TWENTY-THREE, (i) for an eligible individual receiving enhanced residen-
 tial  care,  [$1,535.00]  $1,608.00;  and  (ii)  for  an eligible couple
 receiving enhanced residential care, two times the amount set  forth  in
 subparagraph (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-three] TWEN-
 TY-FOUR but prior to June thirtieth, two thousand  [twenty-three]  TWEN-
 TY-FOUR.
   § 3. This act shall take effect December 31, 2023.
   § 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 Z 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. 4006--C                                            A. 3006--C
 
                       S E N A T E - A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 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  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 --
   again reported from said committee with amendments, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  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 providing a state subsidy for
   the federal community eligibility  provision  program;  to  amend  the
   education  law, in relation to the number of charters issued; to amend
   the education law, in relation  to  actual  valuation;  to  amend  the
   education  law,  in relation to average daily attendance; to amend the
   education law, in relation to supplemental public excess cost aid;  to
   amend  the education law, in relation to building aid for metal detec-
   tors, and safety devices for electrically  operated  partitions,  room
   dividers and doors; to amend the education law, in relation to academ-
   ic  enhancement  aid;  to amend the education law, in relation to high
   tax aid; to amend the education law, in relation to prospective  prek-
   indergarten  enrollment  reporting;  to  amend  the  education law, in
   relation to guidance on utilizing  building  aid  to  support-district
   operated  universal  prekindergarten  programs; to amend the education
   law, in relation to universal prekindergarten expansions; to amend the
   education law, in relation to transitional guidelines  and  rules;  to
   amend  the  education  law, in relation to extending provisions of the
   statewide universal full-day pre-kindergarten program;  to  amend  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12572-05-3
 S. 4006--C                          2                         A. 3006--C
 
   education law, in relation to certain moneys apportioned; to amend the
   education  law,  in relation to increasing aid for certain transporta-
   tion costs; to amend the education law and the public authorities law,
   in  relation to zero emission bus progress reporting; 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 effectiveness thereof; to amend the education law, in
   relation to extending aid for  employment  preparation  education  for
   certain  persons age twenty-one and older; to amend chapter 147 of the
   laws of 2001  amending  the  education  law  relating  to  conditional
   appointment  of school district, charter school or BOCES employees, in
   relation to the effectiveness thereof; to amend part C of  chapter  56
   of the laws of 2020 directing the commissioner of education to appoint
   a  monitor  for  the  Rochester city school district, establishing the
   powers and duties of such  monitor  and  certain  other  officers  and
   relating  to  the  apportionment  of  aid  to such school district, in
   relation to the effectiveness thereof; to amend part C of  chapter  57
   of  the laws of 2004 relating to the support of education, in relation
   to the effectiveness thereof; 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 funding; providing for special apportion-
   ment  for  salary  expenses;  providing  for special apportionment for
   public pension accruals; to amend chapter 121  of  the  laws  of  1996
   relating  to  authorizing  the Roosevelt union free school district to
   finance deficits by the issuance  of  serial  bonds,  in  relation  to
   extending  the school years to which apportionment for salary expenses
   apply; provides for an accelerated schedule for certain apportionments
   payable to Mount Vernon city school district; providing for set-asides
   from the state funds which certain districts are  receiving  from  the
   total  foundation  aid;  providing for support of public libraries; to
   amend chapter 498 of the laws  of  2011  amending  the  education  law
   relating to the public library construction grant program, in relation
   to  the effectiveness thereof; to amend chapter 94 of the laws of 2002
   relating to the financial  stability  of  the  Rochester  city  school
   district,  in relation to the effectiveness thereof; and providing for
   the repeal of certain provisions upon expiration thereof (Part A);  to
   amend  the  education law, in relation to tuition authorization at the
   state university of New York and the city university of New York (Part
   B); intentionally omitted (Part C); to amend  the  education  law,  in
   relation  to  removing the maximum award caps for the liberty partner-
   ships program (Part D); intentionally omitted (Part E);  intentionally
   omitted  (Part F); intentionally omitted (Part G); intentionally omit-
   ted (Part H); intentionally omitted (Part  I);  intentionally  omitted
   (Part  J); intentionally omitted (Part K); intentionally omitted (Part
   L); intentionally omitted (Part M); intentionally  omitted  (Part  N);
   intentionally  omitted  (Part  O);  intentionally omitted (Part P); to
   utilize reserves in the mortgage insurance fund  for  various  housing
   purposes  (Part Q); intentionally omitted (Part R); to amend the labor
   law, in relation to increasing minimum wage requirements and  indexing
   the  minimum  wage  to  inflation for certain periods (Part S); inten-
   tionally omitted (Part T);  to  amend  the  social  services  law,  in
   relation  to eligibility for child care assistance; to amend part Z of
   chapter 56 of the laws of 2021 amending the social services law relat-
 S. 4006--C                          3                         A. 3006--C
 
   ing to making child care more affordable for low-income  families,  in
   relation   to   the  effectiveness  thereof;  and  to  repeal  certain
   provisions of the social services law relating thereto  (Part  U);  to
   amend  part  N  of chapter 56 of the laws of 2020, amending the social
   services law  relating  to  restructuring  financing  for  residential
   school  placements, in relation to the effectiveness thereof (Part V);
   to amend subpart A of chapter 57 of the  laws  of  2012  amending  the
   social  services law and the family court act relating to establishing
   a juvenile justice services close to home  initiative,  and  to  amend
   subpart  B  of  part  G of chapter 57 of the laws of 2012 amending the
   social services law, the family court act and the executive law relat-
   ing to juvenile delinquents, in relation to the effectiveness  thereof
   (Part W); to amend the social services law, in relation to eliminating
   the requirement for combined education and other work/activity assign-
   ments, directing approval of certain education and vocational training
   activities up to two-year post-secondary degree programs and providing
   for  a  disregard  of  earned income received by a recipient of public
   assistance derived from participating in a qualified work activity  or
   training  program,  and  further providing for a one-time disregard of
   earned income following job entry for up  to  six  consecutive  months
   under  certain  circumstances  (Part  X); to amend the social services
   law, in relation to the replacement of stolen public assistance  (Part
   Y);  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 Z); in relation to requiring the state univer-
   sity of New York trustees and the  city university of New  York  trus-
   tees to develop a long-term plan to address the impact fluctuations in
   student  enrollment  have on the academic and financial sustainability
   of state-operated institutions and community colleges  (Part  AA);  to
   amend  the  social services law, in relation to increasing from $300 a
   month to $725 a month the rent  subsidy  payable  to  a  foster  child
   living  independently  (Part  BB); to amend chapter 277 of the laws of
   2021  amending the labor law relating to the calculation  of    weekly
   employment    insurance   benefits for workers who are partially unem-
   ployed, in relation to the effectiveness thereof (Part CC);  to  amend
   the  social  services  law,  in  relation  to establishing a statewide
   presumptive eligibility standard for the receipt of child care assist-
   ance (Part DD); to amend the education law, in  relation  to  eligible
   recipients  of  part-time tuition assistance program awards (Part EE);
   in relation to conducting a study of public and private museums in New
   York state (Part FF); to amend the county law and the  judiciary  law,
   in  relation  to entitled compensation for client representation (Part
   GG); to amend the tax law, in relation to eligibility for  the  empire
   state  child credit (Part HH); to amend the education law, in relation
   to maritime scholarships at the state university  of  New  York  (Part
   II);  to  amend  the racing, pari-mutuel wagering and breeding law, in
   relation to the membership of the board of directors  of  the  western
   regional  off-track  betting corporation; and providing for the repeal
   of such provisions upon the expiration thereof (Part JJ);  to  provide
   state  matching contributions to the endowments of the four university
   centers of the state university of New York;  and  providing  for  the
   repeal  of  certain  provisions  upon expiration thereof (Part KK); to
   amend the public health law, in relation to authorizing  body  scanner
   utilization in the department of corrections and community supervision
   (Part  LL); to amend the vehicle and traffic law, in relation to owner
   liability for failure of operator to comply with bus operation-related
 S. 4006--C                          4                         A. 3006--C
 
   local law or regulation traffic restrictions and to  the  adjudication
   of  certain  parking infractions; to amend the public officers law, in
   relation to access to records prepared pursuant to  bus  operation-re-
   lated  local  law or regulation traffic restrictions; to amend part II
   of chapter 59 of the laws of 2010, amending the  vehicle  and  traffic
   law  and  the public officers law relating to establishing a bus rapid
   transit demonstration program to restrict the  use  of  bus  lanes  by
   means  of  bus  lane  photo  devices, in relation to the effectiveness
   thereof; and providing for the repeal of certain provisions upon expi-
   ration thereof (Part MM); in relation to  directing  the  Metropolitan
   Transportation  Authority  to  establish and implement a fare-free bus
   pilot program within the City of New York  (Part  NN);  to  amend  the
   racing,  pari-mutuel  wagering  and  breeding  law, in relation to the
   utilization of funds in the Capital region  off-track  betting  corpo-
   rations'  capital  acquisition  funds  (Part  OO);  to provide for the
   administration of certain funds and accounts related to the  2023-2024
   budget, authorizing certain payments and transfers; to amend the state
   finance  law,  in  relation to the administration of certain funds and
   accounts; to amend part FFF of chapter 56 of the laws of 2022  provid-
   ing  for  the  administration of certain funds and accounts related to
   the 2022-2023 budget, in relation  to  the  effectiveness  of  certain
   provisions  thereof;  to  amend  the  military law, in relation to the
   deposit of funds for the use of armories; to amend the  state  finance
   law,  in  relation  to  the rainy day reserve fund; to amend part D of
   chapter 389 of the laws of 1997  relating  to  the  financing  of  the
   correctional  facilities  improvement  fund  and  the  youth  facility
   improvement fund, in relation to the  issuance  of  certain  bonds  or
   notes;  to  amend chapter 81 of the laws of 2002 relating to providing
   for the administration of certain funds and accounts  related  to  the
   2002-2003  budget,  in  relation  to  the  issuance of certain bonds &
   notes; to amend part Y of chapter 61 of the laws of 2005, relating  to
   providing for the administration of certain funds and accounts related
   to  the 2005-2006 budget, in relation to the issuance of certain bonds
   or notes; to amend the public authorities  law,  in  relation  to  the
   issuance  of  certain  bonds  or  notes;  to  amend the New York state
   medical care facilities finance agency act, in relation to  the  issu-
   ance  of  certain  bonds  or  notes; to amend the New York state urban
   development corporation act, in relation to the  issuance  of  certain
   bonds or notes; to amend chapter 329 of the laws of 1991, amending the
   state  finance law and other laws relating to the establishment of the
   dedicated highway and bridge trust fund, in relation to  the  issuance
   of  certain  bonds  or  notes; to amend the public authorities law, in
   relation to the issuance of certain  bonds  or  notes;  to  amend  the
   private  housing finance law, in relation to housing program bonds and
   notes; to amend part D of chapter   63   of   the   laws   of    2005,
   relating to the composition and responsibilities of the New York state
   higher education capital matching grant board, in relation to increas-
   ing  the   amount  of authorized matching capital grants; to amend the
   New York state urban development corporation act, in relation  to  the
   nonprofit  infrastructure capital investment program; to amend the New
   York state urban development corporation act, in relation to  personal
   income  tax  notes  for 2024, in relation to authorizing the dormitory
   authority of the state of New York and the  urban  development  corpo-
   ration  to  enter  into  line  of  credit  facilities for 2024, and in
   relation to state-supported debt issued during the 2024  fiscal  year;
   to  amend  the state finance law, in relation to payments of bonds; to
 S. 4006--C                          5                         A. 3006--C
 
   amend the state finance law, in relation to the mental health services
   fund; to amend the state finance law, in relation to the  issuance  of
   revenue  bonds;  to  amend the New York state urban development corpo-
   ration act, in relation to permitting the dormitory authority, the New
   York state urban development corporation, and the thruway authority to
   issue  bonds  for  the  purpose  of refunding obligations of the power
   authority of the state of New York to fund energy efficiency  projects
   at state agencies; to amend the public authorities law, in relation to
   financing  of  metropolitan transportation authority (MTA) transporta-
   tion facilities; and providing for the repeal  of  certain  provisions
   upon expiration thereof (Part PP); to amend the public authorities law
   and  the public service law, in relation to advancing renewable energy
   development; establishing the renewable energy  access  and  community
   help  program;  and  providing  funding  to  help  prepare workers for
   employment in the renewable energy field (Part QQ); to amend the ener-
   gy law and the executive law, in relation to prohibiting the installa-
   tion  of  fossil-fuel  equipment   and   building   systems   in   new
   construction;  and  to amend the public authorities law and the public
   buildings law, in  relation  to  establishing  decarbonization  action
   plans  for state-owned facilities (Part RR); to amend part LL of chap-
   ter 58 of the laws of 2019 amending the public authorities law  relat-
   ing  to  the  provision  of  renewable  power  and energy by the Power
   Authority of the State of New York, in relation to  the  effectiveness
   thereof  (Part  SS); to amend the public authorities law and the state
   finance law, in relation to climate action fund revenues and accounts;
   and to amend the labor law and the public service law, in relation  to
   certain climate risk-related and energy transition projects (Part TT);
   to  amend the tax law, the cannabis law, the real property actions and
   proceedings law and the criminal procedure law, in relation to  making
   technical  corrections  to  tax  on  adult-use  cannabis  products and
   enforcement provisions;  and  providing  for  the  repeal  of  certain
   provisions  upon  the  expiration  thereof (Part UU); and to amend the
   criminal procedure law, in relation to setting bail  (Subpart  A);  to
   amend  the  criminal  procedure  law, in relation to excluding certain
   arrests made without  a  warrant  from  certain  pretrial  proceedings
   (Subpart  B); and to amend the judiciary law, in relation to requiring
   the chief administrator of the courts to collect data  and  report  on
   pretrial  commitments  to  local  correctional  facilities (Subpart C)
   (Part VV)
 
   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 2023-2024 state fiscal year. Each component is
 wholly  contained  within  a  Part identified as Parts A through VV. The
 effective date for each particular provision contained within such  Part
 is  set  forth  in  the  last section of such Part. Any provision in any
 section contained within a Part, including the  effective  date  of  the
 Part,  which  makes a reference to a section "of this act", when used in
 connection with that particular component, shall be deemed to  mean  and
 refer  to  the  corresponding  section of the Part in which it is found.
 Section three of this act sets forth the general effective date of  this
 act.
 S. 4006--C                          6                         A. 3006--C
 
                                  PART A
 
   Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
 tion  law,  as amended by chapter 556 of the laws of 2022, is amended to
 read as follows:
   e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
 district  that  submitted a contract for excellence for the two thousand
 eight--two thousand nine school year shall submit a contract for  excel-
 lence  for  the  two  thousand  nine--two  thousand  ten  school year in
 conformity with the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of this section unless all schools in the district are
 identified as in good standing  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 nine--two thousand ten school year, unless all schools in  the  district
 are  identified  as in good standing, shall submit a contract for excel-
 lence for the two thousand eleven--two thousand twelve school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than  the  product  of  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
 district's  gap  elimination  adjustment percentage and provided further
 that, a school district that submitted a contract for excellence for the
 two thousand eleven--two thousand twelve school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for excellence for the two thousand twelve--two thousand thir-
 teen school  year  which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the  two  thousand  eleven--two  thousand  twelve  school  year  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  twelve--two  thousand  thirteen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year  and  provided  further  that,  a  school district that submitted a
 contract for excellence for  the  two  thousand  thirteen--two  thousand
 fourteen  school year, unless all schools in the district are identified
 as in good standing, shall submit a contract for excellence for the  two
 thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand  fourteen  school  year;  and  provided  further that, a school
 district that submitted a contract for excellence for the  two  thousand
 fourteen--two  thousand  fifteen  school year, unless all schools in the
 district are identified as in good standing, shall submit a contract for
 excellence for the two thousand  fifteen--two  thousand  sixteen  school
 year  which shall, notwithstanding the requirements of subparagraph (vi)
 of paragraph a of subdivision two  of  this  section,  provide  for  the
 S. 4006--C                          7                         A. 3006--C
 
 expenditure  of  an  amount  which  shall  be  not  less than the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further  that a school district that submitted a contract for excellence
 for the two thousand fifteen--two thousand sixteen school  year,  unless
 all  schools  in  the district are identified as in good standing, shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of subparagraph (vi) of paragraph a of subdivision two of this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  fifteen--two  thousand sixteen school year; and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the two thousand sixteen--two thousand seventeen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 seventeen--two thousand eighteen school year which shall,  notwithstand-
 ing  the requirements of subparagraph (vi) of paragraph a of subdivision
 two of this section, provide for the  expenditure  of  an  amount  which
 shall  be  not  less than the amount approved by the commissioner in the
 contract for excellence  for  the  two  thousand  sixteen--two  thousand
 seventeen  school year; and provided further that a school district that
 submitted a contract for excellence for the two thousand  seventeen--two
 thousand  eighteen  school  year, unless all schools in the district are
 identified as in good standing, shall submit a contract  for  excellence
 for  the  two thousand eighteen--two thousand nineteen school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than the  amount  approved  by  the
 commissioner  in the contract for excellence for the two thousand seven-
 teen--two thousand eighteen school year; and provided  further  that,  a
 school  district  that  submitted  a contract for excellence for the two
 thousand eighteen--two thousand nineteen school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for  excellence  for  the  two thousand nineteen--two thousand
 twenty school year which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand eighteen--two thousand nineteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  nineteen--two  thousand  twenty  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 twenty--two thousand twenty-one school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand nineteen--two thousand twenty school
 year;  and  provided  further  that,  a school district that submitted a
 contract for excellence for the two thousand twenty--two thousand  twen-
 ty-one school year, unless all schools in the district are identified as
 in  good  standing,  shall  submit a contract for excellence for the two
 thousand twenty-one--two thousand twenty-two school  year  which  shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 S. 4006--C                          8                         A. 3006--C
 
 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; 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  para-
 graph  a  of subdivision two of this section. For purposes of this para-
 graph, the "gap elimination adjustment percentage" shall  be  calculated
 as the sum of one minus the quotient of the sum of the school district's
 net gap elimination adjustment for two thousand ten--two thousand eleven
 computed  pursuant  to  chapter  fifty-three of the laws of two thousand
 ten, making appropriations for  the  support  of  government,  plus  the
 school  district's  gap elimination adjustment for two thousand eleven--
 two thousand twelve as computed pursuant to chapter fifty-three  of  the
 laws  of  two  thousand eleven, making appropriations for the support of
 the local assistance budget, including support for general  support  for
 public  schools, divided by the total aid for adjustment computed pursu-
 ant to chapter fifty-three of the laws of two  thousand  eleven,  making
 appropriations  for  the  local assistance budget, including support for
 general support for public schools. Provided, further, that such  amount
 shall  be expended to support and maintain allowable programs and activ-
 ities approved in the two thousand nine--two thousand ten school year or
 to support new or expanded allowable  programs  and  activities  in  the
 current year.
   §  2. Subdivision 4 of section 3602 of the education law is amended by
 adding a new paragraph k to read as follows:
   K. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-THREE--TWO  THOU-
 SAND  TWENTY-FOUR  SCHOOL  YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO
 THE CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND  TWENTY-THREE--
 TWO  THOUSAND  TWENTY-FOUR  SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE
 TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J  OF  SUBDIVI-
 SION  ONE  OF  THIS SECTION PLUS THE GREATER OF (A) THE POSITIVE DIFFER-
 ENCE, IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH
 A OF THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID  BASE  COMPUTED
 PURSUANT  TO  PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE
 PRODUCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY  THE  TOTAL  FOUNDATION
 S. 4006--C                          9                         A. 3006--C
 
 AID  BASE  COMPUTED  PURSUANT  TO PARAGRAPH J OF SUBDIVISION ONE OF THIS
 SECTION.
   § 3. Intentionally omitted.
   §  3-a.  The  education  law is amended by adding a new section 925 to
 read as follows:
   § 925. COMMUNITY ELIGIBILITY PROVISION STATE SUBSIDY.  NOTWITHSTANDING
 ANY PROVISION OF LAW, RULE OR REGULATION TO THE  CONTRARY,  IN  THE  TWO
 THOUSAND  TWENTY-THREE--TWO  THOUSAND TWENTY-FOUR SCHOOL YEAR AND THERE-
 AFTER, FOR EACH BREAKFAST AND LUNCH MEAL THAT  IS  SERVED  AT  A  SCHOOL
 PARTICIPATING IN THE FEDERAL COMMUNITY ELIGIBILITY PROVISION PROGRAM AND
 THAT  IS  REIMBURSED  AT THE FEDERAL REIMBURSEMENT RATE FOR A PAID MEAL,
 THE DEPARTMENT SHALL REIMBURSE THE SCHOOL FOOD AUTHORITY THE  DIFFERENCE
 BETWEEN (1) THE COMBINED STATE AND FEDERAL REIMBURSEMENT RATE FOR A PAID
 MEAL  FOR THE CURRENT SCHOOL YEAR AND (2) THE COMBINED STATE AND FEDERAL
 REIMBURSEMENT RATE FOR A FREE MEAL FOR THE CURRENT SCHOOL YEAR, PROVIDED
 THAT THE TOTAL REIMBURSEMENT RATE FOR EACH MEAL SERVED SHALL  EQUAL  THE
 COMBINED  STATE  AND  FEDERAL REIMBURSEMENT RATE FOR A FREE MEAL FOR THE
 CURRENT SCHOOL YEAR.
   § 4. Subdivision 9 of section 2852 of the education law is amended  by
 adding a new paragraph (b-1) to read as follows:
   (B-1) A CHARTER THAT HAS BEEN SURRENDERED, REVOKED OR TERMINATED AFTER
 JANUARY FIRST, TWO THOUSAND FIFTEEN, BUT BEFORE JULY FIRST, TWO THOUSAND
 TWENTY-TWO,  INCLUDING  A CHARTER THAT HAS NOT BEEN RENEWED BY ACTION OF
 ITS CHARTER ENTITY, MAY BE REISSUED ONCE PURSUANT TO  PARAGRAPH  (A)  OF
 THIS SUBDIVISION BY THE BOARD OF REGENTS EITHER UPON APPLICATION DIRECT-
 LY  TO  THE  BOARD  OF  REGENTS OR ON THE RECOMMENDATION OF THE BOARD OF
 TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO  A  COMPETITIVE
 PROCESS  IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS SECTION. PROVIDED
 THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD  THE  NUMERICAL  LIMITS
 ESTABLISHED  BY THIS SUBDIVISION, AND PROVIDED FURTHER THAT NO MORE THAN
 TWENTY-TWO CHARTERS MAY BE REISSUED PURSUANT TO THIS PARAGRAPH, PROVIDED
 THAT FOURTEEN OF SUCH REISSUED CHARTERS  SHALL  BE  ALLOCATED  FOR,  AND
 SHALL  NOT  BE  COUNTED  TOWARD  THE NUMERICAL LIMIT IN, A CITY HAVING A
 POPULATION OF ONE MILLION OR MORE ESTABLISHED IN PARAGRAPH (A)  OF  THIS
 SUBDIVISION.  NOTHING HEREIN SHALL BE CONSTRUED TO ALLOW MORE THAN FOUR-
 TEEN SUCH CHARTERS TO BE REISSUED IN A CITY HAVING A POPULATION  OF  ONE
 MILLION OR MORE.
   §  4-a. Subdivision 2 of section 2852 of the education law, as amended
 by section 2 of part D-2 of chapter 57 of the laws of 2007,  is  amended
 to read as follows:
   2.  An  application  for a charter school shall not be approved unless
 the charter entity finds that:
   (a) the charter school described in the application meets the require-
 ments set out in this article and all other applicable laws,  rules  and
 regulations;
   (b) the applicant can demonstrate the ability to operate the school in
 an educationally and fiscally sound manner;
   (c) granting the application is likely to improve student learning and
 achievement  and  materially further the purposes set out in subdivision
 two of section twenty-eight hundred fifty of this article; [and]
   (d) in a school  district  where  the  total  enrollment  of  resident
 students attending charter schools in the base year is greater than five
 percent  of the total public school enrollment of the school district in
 the base year (i) granting the  application  would  have  a  significant
 educational  benefit  to  the  students  expected to attend the proposed
 S. 4006--C                         10                         A. 3006--C
 
 charter school or (ii) the school district in which the  charter  school
 will be located consents to such application; AND
   (E)  FOR APPLICANTS FOR AN INITIAL CHARTER PURSUANT TO PARAGRAPH (B-1)
 OF SUBDIVISION NINE OF THIS SECTION IN A SCHOOL DISTRICT  LOCATED  IN  A
 CITY  WITH  A POPULATION OF ONE MILLION OR MORE, THE TOTAL ENROLLMENT OF
 STUDENTS ATTENDING CHARTER SCHOOLS  WITHIN  THE  COMMUNITY  DISTRICT  IN
 WHICH  THE  CHARTER SCHOOL WILL BE LOCATED IN THE BASE YEAR IS LESS THAN
 OR EQUAL TO FIFTY-FIVE PERCENT OF THE  TOTAL  PUBLIC  SCHOOL  ENROLLMENT
 ATTENDING WITHIN SUCH COMMUNITY DISTRICT IN THE BASE YEAR.
   §  5.  Paragraph  c  of subdivision 1 of section 3602 of the education
 law, as amended by section 11 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   c. "Actual valuation" shall mean the valuation of taxable real proper-
 ty  in  a  school  district obtained by taking the assessed valuation of
 taxable real property within  such  district  as  it  appears  upon  the
 assessment  roll  of  the  town,  city, village, or county in which such
 property is located, for the calendar year two years prior to the calen-
 dar year in which the base year commenced, after revision as provided by
 law, PLUS ANY ASSESSED VALUATION THAT WAS EXEMPTED FROM TAXATION  PURSU-
 ANT  TO  THE CLASS ONE REASSESSMENT EXEMPTION AUTHORIZED BY SECTION FOUR
 HUNDRED EIGHTY-FIVE-U OF THE REAL PROPERTY TAX LAW  OR  THE  RESIDENTIAL
 REVALUATION  EXEMPTION  AUTHORIZED BY SECTION FOUR HUNDRED EIGHTY-FIVE-V
 OF SUCH LAW AS ADDED BY CHAPTER FIVE HUNDRED SIXTY OF THE  LAWS  OF  TWO
 THOUSAND  TWENTY-ONE,  and dividing it by the state equalization rate as
 determined by the [state board of equalization and  assessment]  COMMIS-
 SIONER  OF  TAXATION  AND FINANCE, for the assessment roll of such town,
 city, village, or county completed during such preceding calendar  year.
 The  actual valuation of a central high school district shall be the sum
 of such valuations of its component  districts.  Such  actual  valuation
 shall  include  any  actual  valuation equivalent of payments in lieu of
 taxes determined pursuant to section four  hundred  eighty-five  of  the
 real property tax law. "Selected actual valuation" shall mean the lesser
 of  actual  valuation  calculated for aid payable in the current year or
 the two-year average of the actual valuation calculated for aid  payable
 in  the current year and the actual valuation calculated for aid payable
 in the base year.
   § 6. Paragraph d of subdivision 1 of section  3602  of  the  education
 law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
   d. "Average daily attendance" shall mean the total number  of  attend-
 ance  days  of pupils in a public school of a school district in kinder-
 garten through grade twelve, or equivalent ungraded programs,  plus  the
 total  number  of  instruction  days for such pupils receiving homebound
 instruction including pupils receiving [instruction  through  a  two-way
 telephone  communication  system]  REMOTE  INSTRUCTION AS DEFINED IN THE
 REGULATIONS OF THE COMMISSIONER, divided  by  the  number  of  days  the
 district  school was in session as provided in this section. The attend-
 ance of pupils with disabilities attending under the provisions of para-
 graph c of subdivision two of section forty-four  hundred  one  of  this
 chapter shall be added to average daily attendance.
   §  7.  Paragraph  l  of subdivision 1 of section 3602 of the education
 law, as amended by section 11 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   l.  "Average  daily  membership"  shall  mean  the  possible aggregate
 attendance of all pupils in attendance in a public school of the  school
 district  in  kindergarten  through grade twelve, or equivalent ungraded
 S. 4006--C                         11                         A. 3006--C
 
 programs,  including  possible  aggregate  attendance  for  such  pupils
 receiving homebound instruction, including pupils receiving [instruction
 through  a two-way telephone communication system] REMOTE INSTRUCTION AS
 DEFINED IN THE REGULATIONS OF THE COMMISSIONER, with the possible aggre-
 gate  attendance of such pupils in one-half day kindergartens multiplied
 by one-half, divided by the number of days the district  school  was  in
 session as provided in this section. The full time equivalent enrollment
 of  pupils with disabilities attending under the provisions of paragraph
 c of subdivision two of section forty-four hundred one of  this  chapter
 shall  be  added  to average daily membership.  Average daily membership
 shall include the equivalent  attendance  of  the  school  district,  as
 computed  pursuant  to  paragraph d of this subdivision. In any instance
 where a pupil is a resident of another state or an  Indian  pupil  is  a
 resident of any portion of a reservation located wholly or partly within
 the  borders of the state pursuant to subdivision four of section forty-
 one hundred one of this chapter or a pupil is living on federally  owned
 land  or  property,  such pupil's possible aggregate attendance shall be
 counted as part of the  possible  aggregate  attendance  of  the  school
 district in which such pupil is enrolled.
   §  8.  The closing paragraph of subdivision 5-a of section 3602 of the
 education law, as amended by section 14 of part A of chapter 56  of  the
 laws of 2022, is amended to read as follows:
   For the two thousand eight--two thousand nine school year, each school
 district  shall  be entitled to an apportionment equal to the product of
 fifteen percent and the additional apportionment  computed  pursuant  to
 this  subdivision  for the two thousand seven--two thousand eight school
 year. For the two thousand nine--two thousand ten [through two  thousand
 twenty-two--two thousand twenty-three] school [years] YEAR AND THEREAFT-
 ER  each  school district shall be entitled to an apportionment equal to
 the amount set forth for  such  school  district  as  "SUPPLEMENTAL  PUB
 EXCESS  COST"  under  the heading "2008-09 BASE YEAR AIDS" in the school
 aid computer listing produced by the  commissioner  in  support  of  the
 budget for the two thousand nine--two thousand ten school year and enti-
 tled "SA0910".
   §  9.  Paragraph b of subdivision 6-c of section 3602 of the education
 law, as amended by section 11 of part CCC of chapter 59 of the  laws  of
 2018, is amended to read as follows:
   b.  For  projects  approved  by the commissioner authorized to receive
 additional building aid pursuant to this subdivision for the purchase of
 stationary metal detectors, security cameras or other  security  devices
 approved  by  the  commissioner that increase the safety of students and
 school personnel, provided that for  purposes  of  this  paragraph  such
 other  security  devices shall be limited to electronic security systems
 and hardened doors, and provided  that  for  projects  approved  by  the
 commissioner  on  or  after  the first day of July two thousand thirteen
 [and before the first day of July two thousand twenty-three] such  addi-
 tional  aid  shall  equal  the  product  of  (i)  the building aid ratio
 computed for use in the current year pursuant to paragraph c of subdivi-
 sion six of this section plus ten percentage points, except that  in  no
 case  shall  this amount exceed one hundred percent, and (ii) the actual
 approved expenditures incurred in the base year pursuant to this  subdi-
 vision,  provided  that the limitations on cost allowances prescribed by
 paragraph a of subdivision six of this  section  shall  not  apply,  and
 provided  further  that  any projects aided under this paragraph must be
 included in a district's school  safety  plan.  The  commissioner  shall
 annually  prescribe  a  special  cost allowance for metal detectors, and
 S. 4006--C                         12                         A. 3006--C
 
 security cameras, and the approved expenditures shall  not  exceed  such
 cost allowance.
   §  10.  Paragraph i of subdivision 12 of section 3602 of the education
 law, as amended by section 15 of part A of chapter 56  of  the  laws  of
 2022, is amended to read as follows:
   i.  For  the  two  thousand twenty-one--two thousand twenty-two school
 year [and] THROUGH the two thousand [twenty-two] TWENTY-THREE--two thou-
 sand [twenty-three] TWENTY-FOUR 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.
   § 11. The opening paragraph of subdivision 16 of section 3602  of  the
 education  law,  as amended by section 16 of part A of chapter 56 of the
 laws of 2022, is amended to read as follows:
   Each school district shall be eligible  to  receive  a  high  tax  aid
 apportionment  in the two thousand eight--two thousand nine school year,
 which shall equal the greater of (i) the sum of the tier 1 high tax  aid
 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
 tax  aid apportionment or (ii) the product of the apportionment received
 by the school district pursuant to this subdivision in the two  thousand
 seven--two  thousand  eight  school  year, multiplied by the due-minimum
 factor, which shall equal, for districts with an alternate pupil  wealth
 ratio  computed  pursuant  to  paragraph  b of subdivision three of this
 section that is less than two, seventy percent (0.70), and for all other
 districts, fifty percent (0.50). Each school district shall be  eligible
 to  receive  a  high tax aid apportionment in the two thousand nine--two
 thousand ten through two thousand twelve--two thousand  thirteen  school
 years in the amount set forth for such school district as "HIGH TAX AID"
 under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  nine--two thousand ten school year and entitled "SA0910".
 Each school district shall be eligible to receive a high tax aid  appor-
 tionment in the two thousand thirteen--two thousand fourteen through two
 thousand  [twenty-two] TWENTY-THREE--two thousand [twenty-three] TWENTY-
 FOUR school years equal to the greater of (1) the amount set  forth  for
 such  school  district as "HIGH TAX AID" under the heading "2008-09 BASE
 YEAR AIDS" in the school aid computer listing produced  by  the  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".
   § 12. Section 3602-e of the education law is amended by adding  a  new
 subdivision 3 to read as follows:
   3.  BEGINNING  IN  THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-
 FOUR SCHOOL YEAR, ALL SCHOOL DISTRICTS  SHALL  ANNUALLY  REPORT  TO  THE
 COMMISSIONER:  (I)  THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS
 THE DISTRICT  INTENDS  TO  SERVE  IN  FULL-DAY  AND  HALF-DAY  SLOTS  IN
 DISTRICT-OPERATED  PREKINDERGARTEN  PROGRAMS IN THE CURRENT SCHOOL YEAR;
 (II) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS  THE  DISTRICT
 S. 4006--C                         13                         A. 3006--C
 
 INTENDS  TO  SERVE  IN  FULL-DAY  AND  HALF-DAY SLOTS IN PREKINDERGARTEN
 PROGRAMS OPERATED BY COMMUNITY-BASED ORGANIZATIONS IN THE CURRENT SCHOOL
 YEAR; (III) THE NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS IN  THE
 CURRENT  SCHOOL  YEAR  THE  DISTRICT IS UNABLE TO SERVE DUE TO A LACK OF
 CAPACITY; (IV) THE REASON FOR THE LACK OF CAPACITY, INCLUDING THE AVAIL-
 ABILITY OF APPROPRIATE SPACE, FACILITIES, AND STAFF; AND (V)  ANY  OTHER
 INFORMATION AVAILABLE TO DISTRICTS AND DETERMINED BY THE COMMISSIONER TO
 BE  NECESSARY  TO ACCURATELY ESTIMATE THE UNMET DEMAND FOR FOUR-YEAR-OLD
 PREKINDERGARTEN PROGRAMS WITHIN A DISTRICT. SCHOOL  DISTRICTS  THAT  ARE
 ELIGIBLE TO RECEIVE AN APPORTIONMENT UNDER THIS SECTION OR SECTION THIR-
 TY-SIX  HUNDRED TWO-EE OF THIS PART BUT HAVE NOT CLAIMED THE FULL APPOR-
 TIONMENT SHALL INCLUDE IN THE REPORT TO THE COMMISSIONER INFORMATION  ON
 BARRIERS  TO IMPLEMENTING NEW OR EXPANDING EXISTING UNIVERSAL PREKINDER-
 GARTEN PROGRAMS DESPITE AVAILABLE FUNDING.  SUCH REPORT SHALL BE DUE  ON
 OR BEFORE SEPTEMBER FIRST OF EACH YEAR AND SHALL BE COLLECTED AS PART OF
 THE  APPLICATION SUBMITTED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
 BEGINNING NOVEMBER FIRST, TWO THOUSAND  TWENTY-THREE,  THE  COMMISSIONER
 SHALL  ANNUALLY SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT
 OF THE SENATE, AND THE  SPEAKER  OF  THE  ASSEMBLY  ON  THE  INFORMATION
 REPORTED BY DISTRICTS.
   §  12-a.  Section  408 of the education law is amended by adding a new
 subdivision 7 to read as follows:
   7.  THE  COMMISSIONER  SHALL  ISSUE  GUIDANCE  INFORMING  ALL   SCHOOL
 DISTRICTS OF THE MANNER IN WHICH BUILDING AID MAY BE UTILIZED TO SUPPORT
 DISTRICT-OPERATED   UNIVERSAL   PREKINDERGARTEN   PROGRAMS  PURSUANT  TO
 SECTIONS THIRTY-SIX HUNDRED TWO-E AND THIRTY-SIX HUNDRED TWO-EE OF  THIS
 CHAPTER.
   § 13. Subdivision 20 of section 3602-e of the education law is amended
 by adding a new paragraph b to read as follows:
   B. TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
   (I) THE UNIVERSAL PREKINDERGARTEN EXPANSION FOR THE TWO THOUSAND TWEN-
 TY-THREE--TWO  THOUSAND  TWENTY-FOUR SCHOOL YEAR SHALL BE EQUAL TO TWICE
 THE PRODUCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2)  SELECTED  AID  PER
 PREKINDERGARTEN  PUPIL  CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARA-
 GRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND  TWENTY-
 THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
   (II)  FOR PURPOSES OF THIS PARAGRAPH, "EXPANSION SLOTS" SHALL BE SLOTS
 FOR NEW FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS  FOR  PURPOSES  OF
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  B OF SUBDIVISION TEN OF THIS SECTION.
 EXPANSION SLOTS SHALL BE EQUAL TO THE POSITIVE DIFFERENCE,  IF  ANY,  OF
 (1) THE PRODUCT OF EIGHT HUNDRED NINETY-SEVEN THOUSANDTHS (0.897) MULTI-
 PLIED  BY  UNSERVED  FOUR-YEAR-OLD  PREKINDERGARTEN PUPILS AS DEFINED IN
 SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION LESS
 (2) THE SUM OF FOUR-YEAR-OLD STUDENTS SERVED PLUS THE UNDERSERVED COUNT.
 IF SUCH EXPANSION SLOTS ARE GREATER THAN OR EQUAL TO TEN BUT  LESS  THAN
 TWENTY, THE EXPANSION SLOTS SHALL BE TWENTY; IF SUCH EXPANSION SLOTS ARE
 LESS  THAN TEN, THE EXPANSION SLOTS SHALL BE ZERO; AND FOR A CITY SCHOOL
 DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR  MORE,  THE
 EXPANSION SLOTS SHALL BE ZERO.
   (III)  FOR PURPOSES OF THIS PARAGRAPH, "FOUR-YEAR-OLD STUDENTS SERVED"
 SHALL BE EQUAL TO THE SUM OF (1) THE NUMBER  OF  FOUR-YEAR-OLD  STUDENTS
 SERVED IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE FUNDED PROGRAM WHICH
 MUST MEET THE REQUIREMENTS OF THIS SECTION AS REPORTED TO THE DEPARTMENT
 FOR  THE  TWO  THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR,
 PLUS (2)  THE  NUMBER  OF  FOUR-YEAR-OLD  STUDENTS  SERVED  IN  FULL-DAY
 SETTINGS  IN  A STATE FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF
 S. 4006--C                         14                         A. 3006--C
 
 SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART AND FOR WHICH GRANTS WERE
 AWARDED PRIOR TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
 YEAR, PLUS (3) THE NUMBER OF EXPANSION SLOTS ALLOCATED PURSUANT TO PARA-
 GRAPH  B OF SUBDIVISION NINETEEN OF THIS SECTION, PLUS (4) THE NUMBER OF
 EXPANSION SLOTS ALLOCATED PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVISION,
 PLUS  (5)  THE MAXIMUM NUMBER OF STUDENTS THAT MAY BE SERVED IN FULL-DAY
 PREKINDERGARTEN PROGRAMS FUNDED BY GRANTS WHICH MUST MEET  THE  REQUIRE-
 MENTS  OF  SECTION  THIRTY-SIX  HUNDRED  TWO-EE  OF THIS PART FOR GRANTS
 AWARDED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO  OR  TWO
 THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR.
   (IV)  FOR  PURPOSES  OF THIS PARAGRAPH, THE UNDERSERVED COUNT SHALL BE
 EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF (1) THE SUM OF (A) ELIGIBLE
 FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH
 (II) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOU-
 SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, PLUS (B) THE PROD-
 UCT OF FIVE-TENTHS (0.5) AND THE ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKIN-
 DERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH  (III)  OF  PARAGRAPH  B  OF
 SUBDIVISION  TEN  OF  THIS  SECTION FOR THE TWO THOUSAND TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO SCHOOL YEAR, LESS (2) THE POSITIVE DIFFERENCE OF (A)
 THE NUMBER OF FOUR-YEAR-OLD STUDENTS SERVED  IN  FULL-DAY  AND  HALF-DAY
 SETTINGS  IN  A STATE-FUNDED PROGRAM WHICH MUST MEET THE REQUIREMENTS OF
 THIS SECTION AS REPORTED TO THE DEPARTMENT FOR THE TWO THOUSAND  TWENTY-
 ONE--TWO  THOUSAND TWENTY-TWO SCHOOL YEAR, WITH STUDENTS SERVED IN HALF-
 DAY SETTINGS MULTIPLIED BY FIVE-TENTHS (0.5), LESS  (B)  THE  NUMBER  OF
 PUPILS  SERVED  IN  A  CONVERSION  SLOT  PURSUANT  TO SECTION THIRTY-SIX
 HUNDRED TWO-EE OF THIS PART IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO SCHOOL YEAR MULTIPLIED BY FIVE-TENTHS (0.5).
   § 14. Paragraph d of subdivision 12 of section 3602-e of the education
 law, as amended by section 17-b of part A of chapter 56 of the  laws  of
 2022, is amended to read as follows:
   d. transitional guidelines and rules which allow a program to meet the
 required  staff  qualifications  and  any  other  requirements set forth
 pursuant to this section and regulations adopted by the board of regents
 and the commissioner; provided that such guidelines  include  an  annual
 process  by  which  a district may apply to the commissioner by [August]
 SEPTEMBER first of the current school year for a waiver that would allow
 personnel employed by an eligible agency that is  collaborating  with  a
 school  district  to provide prekindergarten services and licensed by an
 agency other than the  department,  to  meet  the  staff  qualifications
 prescribed  by  the  licensing or registering agency. Provided, further,
 that the commissioner shall annually  submit  a  report  by  [September]
 NOVEMBER first to the chairperson of the assembly ways and means commit-
 tee, the chairperson of the senate finance committee and the director of
 the  budget which shall include but not be limited to the following: (a)
 a listing of the school districts receiving a waiver  pursuant  to  this
 paragraph  from  the  commissioner  for the current school year; (b) the
 number and proportion of students within each district receiving a waiv-
 er pursuant to this paragraph for  the  current  school  year  that  are
 receiving instruction from personnel employed by an eligible agency that
 is  collaborating  with  a  school  district  to provide prekindergarten
 services and licensed by an agency other than the  department;  and  (c)
 the  number  and  proportion of total prekindergarten personnel for each
 school district that are providing instructional  services  pursuant  to
 this  paragraph  that are employed by an eligible agency that is collab-
 orating with a school district to provide prekindergarten  services  and
 S. 4006--C                         15                         A. 3006--C
 
 licensed by an agency other than the department, to meet the staff qual-
 ifications prescribed by the licensing or registering agency.
   §  15. Paragraph (c) of subdivision 8 of section 3602-ee of the educa-
 tion law, as amended by section 17-a of part A of chapter 56 of the laws
 of 2022, is amended to read as follows:
   (c) for eligible agencies as defined in paragraph b of subdivision one
 of section thirty-six hundred two-e of this part that are not schools, a
 bachelor's degree in early childhood education. Provided however, begin-
 ning with the two thousand twenty-two--two thousand twenty-three  school
 year,  a  school  district  may  annually  apply  to the commissioner by
 [August] SEPTEMBER first of the current school year for  a  waiver  that
 would allow personnel employed by an eligible agency that is collaborat-
 ing  with  a  school  district  to  provide prekindergarten services and
 licensed by an agency other than the department, to meet the staff qual-
 ifications prescribed by the licensing or registering  agency.  Provided
 further that the commissioner shall annually submit a report by [Septem-
 ber]  NOVEMBER  first  to the chairperson of the assembly ways and means
 committee, the chairperson of  the  senate  finance  committee  and  the
 director  of  the  budget  which shall include but not be limited to the
 following: (a) a listing of the  school  districts  receiving  a  waiver
 pursuant  to this paragraph from the commissioner for the current school
 year; (b) the number and proportion of  students  within  each  district
 receiving  a  waiver  pursuant  to this paragraph for the current school
 year that are receiving instruction from personnel employed by an eligi-
 ble agency that is collaborating with a school district to provide prek-
 indergarten services and licensed by an agency other  than  the  depart-
 ment;  and  (c)  the  number  and  proportion  of  total prekindergarten
 personnel for each school  district  that  are  providing  instructional
 services  pursuant  to  this  paragraph that are employed by an eligible
 agency that is collaborating with a school district to  provide  prekin-
 dergarten  services and licensed by an agency other than the department,
 to meet the staff qualifications prescribed by the licensing  or  regis-
 tering agency.
   §  16.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 17 of part A of chapter 56 of the laws  of  2022,  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-three] TWENTY-FOUR; provided that the program shall continue and
 remain in full effect.
   § 17. Intentionally omitted.
   § 18. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  19 of part A of chapter 56 of the laws of 2022, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the  two thousand [twenty-two] TWENTY-THREE--two thousand
 [twenty-three] 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 appro-
 priation for the general support for public schools for  the  prescribed
 payments  and  individualized  payments due prior to April first for the
 current year plus the apportionment payable during  the  current  school
 year  pursuant  to  subdivision six-a and subdivision fifteen of section
 thirty-six hundred two of this part minus any reductions to current year
 S. 4006--C                         16                         A. 3006--C

 aids pursuant to subdivision seven of section thirty-six hundred four of
 this part or any deduction from apportionment payable pursuant  to  this
 chapter  for  collection  of  a  school  district  basic contribution as
 defined  in  subdivision eight of section forty-four hundred one of this
 chapter, less any grants provided  pursuant  to  subparagraph  two-a  of
 paragraph  b  of  subdivision  four of section ninety-two-c of the state
 finance law, less any grants provided pursuant to  subdivision  five  of
 section  ninety-seven-nnnn  of  the  state  finance law, less any grants
 provided pursuant to subdivision twelve of  section  thirty-six  hundred
 forty-one  of  this article, or (ii) the apportionment calculated by the
 commissioner based on data on file at the time the payment is processed;
 provided however, that for the purposes of any payments made pursuant to
 this section prior to the first business day  of  June  of  the  current
 year,  moneys apportioned shall not include any aids payable pursuant to
 subdivisions six and fourteen,  if  applicable,  of  section  thirty-six
 hundred  two  of  this part as current year aid for debt service on bond
 anticipation notes and/or bonds first issued in the current year or  any
 aids  payable for full-day kindergarten for the current year pursuant to
 subdivision nine of section thirty-six hundred two  of  this  part.  The
 definitions  of  "base year" and "current year" as set forth in subdivi-
 sion one of section thirty-six hundred two of this part shall  apply  to
 this  section.  For aid payable in the two thousand [twenty-two] TWENTY-
 THREE--two thousand [twenty-three] TWENTY-FOUR school year, reference to
 such "school aid computer listing for the current year" shall  mean  the
 printouts entitled ["SA222-3"] "SA232-4".
   § 18-a. Subdivision 4 of section 3627 of the education law, as amended
 by  section 11-b of part A of chapter 56 of the laws of 2022, is amended
 to read as follows:
   4. Notwithstanding any other provision of law  to  the  contrary,  any
 expenditures for transportation provided pursuant to this section in the
 two  thousand thirteen--two thousand fourteen school year and thereafter
 and otherwise eligible for transportation aid  pursuant  to  subdivision
 seven of section thirty-six hundred two of this article shall be consid-
 ered  approved  transportation expenses eligible for transportation aid,
 provided further that for the two thousand thirteen--two thousand  four-
 teen  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  eigh-
 teen--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 two thousand twenty-two--two
 thousand twenty-three school year [and thereafter]  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 LIMIT-
 ED  TO  THE  SUM  OF  TWENTY-FOUR  MILLION  EIGHT HUNDRED FIFTY THOUSAND
 DOLLARS PLUS THE BASE AMOUNT. For purposes of  this  subdivision,  "base
 amount"  means  the  amount  of  transportation  aid  paid to the school
 district for expenditures incurred in the two thousand twelve--two thou-
 S. 4006--C                         17                         A. 3006--C

 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 of this section 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 of this section at least the expenditures
 used for the base amount.
   § 19. Section 3638 of the education law is amended  by  adding  a  new
 subdivision 7 to read as follows:
   7. BEGINNING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
 SCHOOL  YEAR, EVERY SCHOOL DISTRICT SHALL ANNUALLY SUBMIT TO THE COMMIS-
 SIONER A PROGRESS REPORT ON THE IMPLEMENTATION OF  ZERO-EMISSION  SCHOOL
 BUSES  AS  REQUIRED  UNDER  THIS  SECTION  IN A FORMAT PRESCRIBED BY THE
 COMMISSIONER AND APPROVED BY THE DIRECTOR  OF  THE  BUDGET.  THE  REPORT
 SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, (I) SUFFICIENCY OF THE SCHOOL
 DISTRICT'S ELECTRIC INFRASTRUCTURE  TO  SUPPORT  ANTICIPATED  ELECTRICAL
 NEEDS,  (II)  THE  AVAILABILITY  AND INSTALLATION OF CHARGING OR FUELING
 STATIONS AND OTHER COMPONENTS AND  CAPITAL  INFRASTRUCTURE  REQUIRED  TO
 SUPPORT  THE  TRANSITION  TO  AND  FULL  IMPLEMENTATION OF ZERO-EMISSION
 SCHOOL BUSES, (III) WHETHER THE WORKFORCE DEVELOPMENT REPORT PURSUANT TO
 PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION HAS BEEN  CREATED  AND
 IMPLEMENTED,  (IV)  THE  NUMBER  AND  PROPORTION OF ZERO-EMISSION SCHOOL
 BUSES THE SCHOOL DISTRICT OR  ANY  CONTRACTOR  PROVIDING  TRANSPORTATION
 SERVICES IS UTILIZING IN THE CURRENT SCHOOL YEAR, AND (V) THE NUMBER AND
 PROPORTION  OF  ZERO-EMISSION  SCHOOL  BUSES  PURCHASED OR LEASED BY THE
 SCHOOL DISTRICT OR ANY CONTRACTOR PROVIDING TRANSPORTATION  SERVICES  IN
 THE  CURRENT  SCHOOL  YEAR AND THE TOTAL ANTICIPATED NUMBER FOR THE NEXT
 TWO YEARS. THE PROGRESS REPORT SHALL BE DUE ON OR BEFORE AUGUST FIRST OF
 EACH YEAR.  BEGINNING  OCTOBER  FIRST,  TWO  THOUSAND  TWENTY-FOUR,  THE
 COMMISSIONER  SHALL ANNUALLY SUBMIT A REPORT TO THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE  ASSEMBLY  ON  THE
 PROGRESS  OF IMPLEMENTATION OF ZERO-EMISSION SCHOOL BUSES AS REPORTED BY
 THE SCHOOL DISTRICTS.
   § 19-a. Subdivision 23 of section 1854 of the public authorities  law,
 as  added  by section 1 of subpart B of part B of chapter 56 of the laws
 of 2022, is  amended to read as follows:
   23. No later than December  thirty-first,  two  thousand  [twenty-six]
 TWENTY-FIVE, and annually thereafter, the authority shall issue a report
 on  the availability of zero-emission school buses and charging or fuel-
 ing infrastructure that meet the criteria established in subdivision two
 of section thirty-six hundred thirty-eight of  the  education  law.  The
 authority  shall  provide technical assistance to school districts, upon
 request, in pursuing state and federal grants and other funding opportu-
 nities to support the purchase and contracting requirements set forth in
 subdivision two of section thirty-six hundred thirty-eight of the educa-
 tion law.
   § 20. Subdivision b of section 2 of chapter 756 of the  laws  of  1992
 relating  to funding a program for work force education conducted by the
 consortium for worker education in New York city, as amended by  section
 20  of  part  A of chapter 56 of the laws of 2022, 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
 S. 4006--C                         18                         A. 3006--C
 
 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,  [and]  reimbursement  for  the  2022--2023  school year shall not
 exceed 55.7 percent of the lesser of such approvable costs  per  contact
 hour or sixteen dollars and sixty cents per contact hour, AND REIMBURSE-
 MENT 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 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);  [and]  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). 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.
   § 21. Section 4 of chapter 756 of the laws of 1992 relating to funding
 a program for work force education conducted by the consortium for work-
 er education in New York city, is amended by adding a new subdivision bb
 to read as follows:
   BB.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY AFTER THE
 COMPLETION OF PAYMENTS FOR THE 2023--24 SCHOOL YEAR. NOTWITHSTANDING ANY
 INCONSISTENT PROVISIONS OF LAW,  THE  COMMISSIONER  OF  EDUCATION  SHALL
 WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
 AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
   § 22. Section 6 of chapter 756 of the laws of 1992 relating to funding
 a program for work force education conducted by the consortium for work-
 er  education  in  New  York city, as amended by section 22 of part A of
 chapter 56 of the laws of 2022, is amended to read as follows:
   § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
 repealed [on] June 30, [2023] 2024.
   §  22-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 2022, is amended to read as follows:
 S. 4006--C                         19                         A. 3006--C
 
   a-1. Notwithstanding the provisions of paragraph a  of  this  subdivi-
 sion, for aid payable in the school years two thousand--two thousand one
 through  two  thousand nine--two thousand ten, and two thousand eleven--
 two thousand twelve through two thousand [twenty-two]  TWENTY-THREE--two
 thousand  [twenty-three]  TWENTY-FOUR, 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 regulation by the commissioner,  when  measured  by  accepted
 standardized tests, and who shall be eligible to attend employment prep-
 aration education programs operated pursuant to this subdivision.
   § 23. Intentionally omitted.
   §  24.  Section  12  of  chapter  147 of the laws of 2001 amending the
 education law relating to conditional appointment  of  school  district,
 charter school or BOCES employees, as amended by section 24 of part A of
 chapter 56 of the laws of 2022, is amended to read as follows:
   §  12.  This  act shall take effect on the same date as chapter 180 of
 the laws of 2000 takes effect[, and shall expire July 1, 2023 when  upon
 such date the provisions of this act shall be deemed repealed].
   §  25. Section 12 of part C of chapter 56 of the laws of 2020  direct-
 ing the commissioner of education to appoint   a   monitor    for    the
 Rochester city  school district,  establishing  the  powers  and  duties
 of  such  monitor and certain other officers and relating to the  appor-
 tionment  of aid   to such   school   district, is amended  to  read  as
 follows:
   §  12. This act shall take effect immediately, provided, however, that
 sections two, three, four, five, six, seven, eight, nine and ten of this
 act shall expire and be  deemed  repealed  June  30,  [2023]  2025;  and
 provided further, however that sections one and eleven of this act shall
 expire and be deemed repealed June 30, 2049.
   § 26. Subdivision 11 of section 94 of part C of chapter 57 of the laws
 of  2004  relating to the support of education, as amended by section 37
 of part A of chapter 56 of the laws of  2020,  is  amended  to  read  as
 follows:
   11.  section  seventy-one  of  this  act  shall  expire  and be deemed
 repealed June 30, [2023] 2028;
   § 27. 1. The state education department shall conduct a  comprehensive
 study  of  alternative  tuition  rate-setting methodologies for approved
 providers operating school-age programs receiving funding under  article
 81  and article 89 of the education law and providers operating approved
 preschool special education programs under section 4410 of the education
 law. The state education department shall ensure that such study consid-
 er stakeholder feedback and include, but not be limited  to,  a  compar-
 ative  analysis of rate-setting methodologies utilized by other agencies
 of the  state  of  New  York,  including  the  rate-setting  methodology
 utilized by the office of children and family services for private resi-
 dential  school programs; options and recommendations for an alternative
 rate-setting methodology  or  methodologies;  cost  estimates  for  such
 alternative  methodologies;  and an analysis of current provider tuition
 rates compared to tuition rates that would  be  established  under  such
 alternative methodologies.
   2.  At a minimum, any recommended alternative rate-setting methodology
 or methodologies proposed for such  preschool  and  school-age  programs
 S. 4006--C                         20                         A. 3006--C
 
 shall:  (a) be fiscally sustainable for such programs, school districts,
 counties, and the state; (b) substantially restrict or eliminate tuition
 rate appeals; (c) establish predictable tuition rates  that  are  calcu-
 lated  based on standardized parameters and criteria, including, but not
 limited to, defined program and staffing  models,  regional  costs,  and
 minimum  required enrollment levels as a percentage of program operating
 capacities; (d) include a schedule to phase  in  new  tuition  rates  in
 accordance  with  the  recommended methodology or methodologies; and (e)
 ensure tuition rates for all programs can be calculated  no  later  than
 the beginning of each school year.
   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.
 Adoption of any alternative rate-setting methodologies shall be  subject
 to the approval of the director of the division of the budget.
   § 28. Intentionally omitted.
   §  29.  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 2024 and not later than the last  day  of  the  third  full
 business week of June 2024, 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, 2024, for salary expenses incurred between April 1 and
 June 30, 2023 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  1  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. 4006--C                         21                         A. 3006--C
 
 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  1  and  2 of this section shall first be deducted from the
 following payments due  the  school  district  during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs 1, 2, 3, 4 and 5 of paragraph  a  of  subdivision  1  of  section
 3609-a  of  the education law in the following order: the lottery appor-
 tionment payable pursuant to subparagraph 2 of such  paragraph  followed
 by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
 paragraph and then followed by the district's payments to the  teachers'
 retirement  system pursuant to subparagraph 1 of such paragraph, and any
 remainder to be  deducted  from  the  individualized  payments  due  the
 district  pursuant  to paragraph b of such subdivision shall be deducted
 on a chronological basis starting with  the  earliest  payment  due  the
 district.
   §  30. Special apportionment for public pension accruals. 1.  Notwith-
 standing any other provision of law, upon application to the commission-
 er of education, not later than June 30, 2024, 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, 2024 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 1 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 1 and 2 of this section shall first be  deducted  from  the
 S. 4006--C                         22                         A. 3006--C
 
 following  payments  due  the  school  district  during  the school year
 following the year in which application was made  pursuant  to  subpara-
 graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
 3609-a  of  the education law in the following order: the lottery appor-
 tionment payable pursuant to subparagraph 2 of such  paragraph  followed
 by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
 paragraph and then followed by the district's payments to the  teachers'
 retirement  system pursuant to subparagraph 1 of such paragraph, and any
 remainder to be  deducted  from  the  individualized  payments  due  the
 district  pursuant  to paragraph b of such subdivision shall be deducted
 on a chronological basis starting with  the  earliest  payment  due  the
 district.
   §  30-a. Subdivision a of section 5 of chapter 121 of the laws of 1996
 relating to authorizing the Roosevelt  union  free  school  district  to
 finance  deficits by the issuance of serial bonds, as amended by section
 30-a  of part A of chapter 56 of the laws of 2022, is amended to read as
 follows:
   a. Notwithstanding any other provisions of law,  upon  application  to
 the  commissioner of education submitted not sooner than April first and
 not later than June thirtieth of the applicable school year, the  Roose-
 velt  union  free school district shall be eligible to receive an appor-
 tionment pursuant to this chapter for salary expenses, including related
 benefits, incurred between April first and June thirtieth of such school
 year.  Such apportionment shall not exceed: for the 1996-97 school  year
 through   the  [2022-23]  2023-24  school  year,  four  million  dollars
 ($4,000,000); for the  [2023-24]  2024-25  school  year,  three  million
 dollars ($3,000,000); for the [2024-25] 2025-26 school year, two million
 dollars ($2,000,000); for the [2025-26] 2026-27 school year, one million
 dollars  ($1,000,000);  and  for the [2026-27] 2027-28 school year, zero
 dollars.   Such annual application shall be  made  after  the  board  of
 education  has  adopted  a  resolution to do so with the approval of the
 commissioner of education.
   § 30-b. Certain apportionments payable to the Mount Vernon city school
 district shall be paid on an accelerated schedule as follows:
   a. (1) Notwithstanding any other provisions of law, for aid payable in
 the school years 2022-2023 through 2051-2052  upon  application  to  the
 commissioner of education submitted not sooner than the second Monday in
 June  of the school year in which such aid is payable and not later than
 the Friday following the third Monday in June  of  the  school  year  in
 which  such aid is payable, or ten days after the effective date of this
 act, whichever shall be later, the Mount  Vernon  city  school  district
 shall be eligible to receive an apportionment pursuant to this act in an
 amount  up  to  the product of five million dollars ($5,000,000) and the
 quotient of the positive difference of thirty minus the number of school
 years elapsed since the 2022-2023 school year  divided  by  thirty.  (2)
 Funds  apportioned  pursuant  to  this  subdivision  shall  be  used for
 services and expenses of the Mount Vernon city school district and shall
 be applied to support of its  educational  programs  and  any  liability
 incurred  by such city school district in carrying out its functions and
 responsibilities under the education law.
   b. The claim for an apportionment to be paid to the Mount Vernon  city
 school  district  pursuant  to  subdivision  a  of this section shall be
 submitted to the commissioner of education on a form prescribed for such
 purpose, and shall be payable upon determination  by  such  commissioner
 that  the  form  has  been  submitted  as prescribed and that the school
 district has complied with the reporting requirements of this  act.  For
 S. 4006--C                         23                         A. 3006--C
 
 each  school year in which application is made pursuant to subdivision a
 of this section, such approved amount shall be payable on or before June
 thirtieth of such school year upon the audit and warrant  of  the  state
 comptroller  on  vouchers  certified  or approved by the commissioner of
 education in the manner prescribed by  law  from  moneys  in  the  state
 lottery fund appropriated for general support of public schools and from
 the  general fund to the extent that the amount paid to the Mount Vernon
 city school district pursuant to this subdivision and subdivision  a  of
 this  section  exceeds  the amount of the lottery apportionment, if any,
 due such school district pursuant to subparagraph 2 of  paragraph  a  of
 subdivision  1  of  section  3609-a  of  the  education law on or before
 September first of such school year.
   c. Notwithstanding the provisions of section 3609-a of  the  education
 law,  an amount equal to the amount paid to the Mount Vernon city school
 district during the base year pursuant to subdivisions a and b  of  this
 section  shall  first  be  deducted from payments due during the current
 school year pursuant to subparagraphs 1, 2, 3, 4 and 5 of paragraph a of
 subdivision 1 of section 3609-a of the education law  in  the  following
 order:  the  lottery apportionment payable pursuant to subparagraph 2 of
 such paragraph followed by the fixed fall payments payable  pursuant  to
 subparagraph  4 of such paragraph, and any remainder to be deducted from
 the individualized payments due to the district pursuant to paragraph  b
 of  such subdivision shall be deducted on a chronological basis starting
 with the earliest payment due the district.
   d. Notwithstanding any other provisions of law, the  sum  of  payments
 made  to  the  Mount  Vernon  city  school district during the base year
 pursuant to subdivisions a and b of this section plus payments  made  to
 such  school district during the current year pursuant to section 3609-a
 of the education law shall be deemed to truly represent all aids paid to
 such school district during the current school  year  pursuant  to  such
 section  3609-a  for  the  purposes of computing any adjustments to such
 aids that may occur in a subsequent school year.
   e. (1) On or before the first day of each month beginning in July 2023
 and ending in June 2053, the chief fiscal officer and the superintendent
 of schools of the Mount Vernon city school district  shall  prepare  and
 submit to the board of education a report of the fiscal condition of the
 school district, including but not limited to the most current available
 data on fund balances on funds maintained by the school district and the
 district's use of the apportionments provided pursuant to subdivisions a
 and b of this section.
   (2) Such monthly report shall be in a format prescribed by the commis-
 sioner  of  education.  The  board  of education shall either reject and
 return the report to the chief fiscal officer and the superintendent  of
 schools  for  appropriate revisions and resubmittal or shall approve the
 report and submit copies to the commissioner of education and the  state
 comptroller of such approved report as submitted or resubmitted.
   (3)  In the 2022-2023 through 2051-2052 school years, the chief fiscal
 officer of the Mount Vernon city school district shall monitor all budg-
 ets and for each budget, shall prepare a quarterly report of  summarized
 budget  data  depicting  overall  trends  of  actual revenues and budget
 expenditures for the entire budget as well  as  individual  line  items.
 Such  report  shall  compare revenue estimates and appropriations as set
 forth in such budget with the actual revenues and expenditures  made  to
 date.  All  quarterly  reports  shall be accompanied by a recommendation
 from the superintendent of schools or chief fiscal officer to the  board
 of education setting forth any remedial actions necessary to resolve any
 S. 4006--C                         24                         A. 3006--C
 
 unfavorable  budget variance including the overestimation of revenue and
 underestimation of appropriations. The chief fiscal officer  shall  also
 prepare,  as  part  of such report, a quarterly trial balance of general
 ledger accounts in accordance with generally accepted accounting princi-
 ples  as  prescribed  by  the  state  comptroller.  All reports shall be
 completed within sixty days after the end of each quarter and  shall  be
 submitted  to the chief fiscal officer and the board of education of the
 Mount Vernon city school district, the state  division  of  budget,  the
 office  of  the  state  comptroller,  the commissioner of education, the
 chair of the assembly ways and means committee  and  the  chair  of  the
 senate finance committee.
   §  31. 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 2023--2024  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.
 S. 4006--C                         25                         A. 3006--C

   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 subdivision, notwithstanding any inconsistency with a  request
 for  proposals issued by such commissioner for the purpose of attendance
 improvement  and  dropout prevention for the 2023--2024 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
 2023--2024  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 2023--2024 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.
   § 32. Support of public libraries. The  moneys  appropriated  for  the
 support  of  public  libraries by a chapter of the laws of 2023 enacting
 the aid to localities budget shall  be  apportioned  for  the  2023-2024
 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 2023-2024
 by a chapter of the laws of 2023 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
 S. 4006--C                         26                         A. 3006--C
 
 director of the budget, the aid payable to libraries and library systems
 pursuant to such appropriations  shall  be  reduced  proportionately  to
 ensure  that  the  total amount of aid payable does not exceed the total
 appropriations for such purpose.
   §  32-a.  Section  2  of  chapter 498 of the laws of 2011 amending the
 education law relating to the public library construction grant program,
 as amended by chapter 192 of the laws of 2019, is  amended  to  read  as
 follows:
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law and  shall  expire  and  be
 deemed repealed March 31, [2023] 2026.
   §  33. Subparagraph 2 of paragraph a of section 1 of chapter 94 of the
 laws of 2002 relating to the financial stability of the  Rochester  city
 school district, is amended to read as follows:
   (2)  Notwithstanding  any  other provisions of law, for aid payable in
 the 2002-03 through [2022-23] 2027-28 school years, an amount  equal  to
 twenty  million  dollars  ($20,000,000)  of  general  support for public
 schools otherwise due and payable to the Rochester city school  district
 on  or before September first of the applicable school year shall be for
 an entitlement period ending the immediately preceding June thirtieth.
   § 34. Severability. The provisions of this act shall be severable, and
 if the application of  any  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act  to any person or circumstance shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision, section, part
 of  this  act  or  remainder  thereof,  as the case may be, to any other
 person or circumstance, but shall be confined in its  operation  to  the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   §  35.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2023, provided,
 however, that:
   1. Sections one, two, three-a, five, eight, nine, ten,  eleven,  four-
 teen,  fifteen,  sixteen,  eighteen, eighteen-a, twenty-two, thirty-one,
 and thirty-three of this act shall take effect July 1, 2023;
   2. Section twelve of this act shall expire and be deemed repealed June
 30, 2026;
   3. Section nineteen of this act shall expire and  be  deemed  repealed
 June 30, 2036; and
   4. The amendments to chapter 756 of the laws of 1992 relating to fund-
 ing  a  program  for  work force education conducted by a consortium for
 worker education in New York city made by sections twenty and twenty-one
 of this act shall not affect the repeal of such  chapter  and  shall  be
 deemed repealed therewith.
 
                                  PART B
 
   Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
 tion law is amended by adding a new  subparagraph  (4-a-1)  to  read  as
 follows:
   (4-A-1)  NOTWITHSTANDING  ANY LAW, RULE, REGULATION OR PRACTICE TO THE
 CONTRARY AND FOLLOWING THE REVIEW AND APPROVAL OF THE CHANCELLOR OF  THE
 STATE UNIVERSITY OR HIS OR HER DESIGNEE, THE BOARD OF TRUSTEES MAY ANNU-
 ALLY IMPOSE DIFFERENTIAL TUITION RATES ON NON-RESIDENT UNDERGRADUATE AND
 S. 4006--C                         27                         A. 3006--C

 GRADUATE  RATES  OF  TUITION FOR STATE-OPERATED INSTITUTIONS FOR A THREE
 YEAR PERIOD COMMENCING WITH THE TWO THOUSAND TWENTY-THREE--TWO  THOUSAND
 TWENTY-FOUR  ACADEMIC  YEAR AND ENDING IN THE TWO THOUSAND TWENTY-FIVE--
 TWO  THOUSAND  TWENTY-SIX  ACADEMIC  YEAR,  PROVIDED THAT SUCH RATES ARE
 COMPETITIVE WITH THE RATES OF TUITION CHARGED BY PEER  INSTITUTIONS  AND
 THAT  THE  BOARD OF TRUSTEES ANNUALLY PROVIDE THE REASON AND METHODOLOGY
 BEHIND ANY RATE INCREASE TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, AND THE SPEAKER OF THE ASSEMBLY PRIOR TO THE  APPROVAL  OF  SUCH
 INCREASES.
   §  2.  Paragraph (a) of subdivision 7 of section 6206 of the education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI) NOTWITHSTANDING ANY LAW, RULE,  REGULATION  OR  PRACTICE  TO  THE
 CONTRARY,  COMMENCING  WITH  THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND
 TWENTY-FOUR ACADEMIC YEAR AND ENDING IN THE TWO  THOUSAND  TWENTY-FIVE--
 TWO  THOUSAND  TWENTY-SIX  ACADEMIC  YEAR,    FOLLOWING  THE  REVIEW AND
 APPROVAL OF THE CHANCELLOR OF THE CITY UNIVERSITY OR HIS OR  HER  DESIG-
 NEE,  THE  CITY  UNIVERSITY  OF  NEW  YORK  BOARD  OF  TRUSTEES SHALL BE
 EMPOWERED TO ANNUALLY IMPOSE DIFFERENTIAL TUITION RATES ON  NON-RESIDENT
 UNDERGRADUATE  AND  GRADUATE  RATES  OF  TUITION  FOR  SENIOR  COLLEGES,
 PROVIDED THAT SUCH RATES ARE  COMPETITIVE  WITH  THE  RATES  OF  TUITION
 CHARGED  BY  PEER  INSTITUTIONS  AND THAT THE BOARD OF TRUSTEES ANNUALLY
 PROVIDE THE REASON AND METHODOLOGY  BEHIND  ANY  RATE  INCREASE  TO  THE
 GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
 ASSEMBLY PRIOR TO THE APPROVAL OF SUCH INCREASES.
   § 3. Paragraph (a) of subdivision 7 of section 6206 of  the  education
 law,  as  amended by chapter 669 of the laws of 2022, is amended to read
 as follows:
   (a) (I) The board of trustees shall establish positions,  departments,
 divisions  and  faculties; appoint and in accordance with the provisions
 of law fix salaries of  instructional  and  non-instructional  employees
 therein;  establish  and conduct courses and curricula; prescribe condi-
 tions of student admission, attendance and discharge; and shall have the
 power to determine in its discretion whether tuition  shall  be  charged
 and  to  regulate  tuition  charges, and other instructional and non-in-
 structional fees and other fees and charges at the educational units  of
 the  city  university.  The trustees shall review any proposed community
 college tuition increase and the justification for  such  increase.  The
 justification  provided by the community college for such increase shall
 include a detailed analysis of ongoing operating  costs,  capital,  debt
 service  expenditures, and all revenues. The trustees shall not impose a
 differential tuition charge based upon  need  or  income.  All  students
 enrolled  in  programs  leading  to  like degrees at the senior colleges
 shall be charged a uniform rate  of  tuition,  except  for  differential
 tuition  rates  based  on  state  residency.  Notwithstanding  any other
 provision of this paragraph, the trustees may authorize the setting of a
 separate category of tuition  rate,  that  shall  be  greater  than  the
 tuition  rate  for  resident students and less than the tuition rate for
 non-resident students, only for students enrolled in  distance  learning
 courses  who  are not residents of the state. The trustees shall further
 provide that the payment of tuition and fees by any student who is not a
 resident of New York state, other than a non-immigrant noncitizen within
 the meaning of paragraph (15) of subsection (a) of section 1101 of title
 8 of the United States Code, shall be paid at a rate or charge no great-
 er than that imposed for students who are residents of the state if such
 student:
 S. 4006--C                         28                         A. 3006--C
 
   [(i)] (1) attended an approved New York high school for  two  or  more
 years,  graduated  from an approved New York high school and applied for
 attendance at an institution or educational unit of the city  university
 within five years of receiving a New York state high school diploma; or
   [(ii)]  (2)  attended  an  approved New York state program for general
 equivalency diploma exam preparation,  received  a  general  equivalency
 diploma  issued  within  New York state and applied for attendance at an
 institution or educational unit of the city university within five years
 of receiving a general equivalency diploma issued within New York state;
 or
   [(iii)] (3) was enrolled in an institution or educational unit of  the
 city  university  in  the  fall  semester or quarter of the two thousand
 one--two thousand two academic year and was authorized by such  institu-
 tion  or  educational  unit to pay tuition at the rate or charge imposed
 for students who are residents of the state.
   A student without lawful immigration status shall also be required  to
 file an affidavit with such institution or educational unit stating that
 the  student has filed an application to legalize his or her immigration
 status, or will file such an application as soon as he or she is  eligi-
 ble  to  do  so. The trustees shall not adopt changes in tuition charges
 prior to the enactment of the annual budget. The board of  trustees  may
 accept  as  partial  reimbursement  for the education of veterans of the
 armed forces of the United States who are otherwise qualified such  sums
 as  may  be authorized by federal legislation to be paid for such educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and courses for adult education  appropriate  to  the  field  of  higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion, require students to pay library, laboratory, locker,  break-
 age and other instructional and non-instructional fees and meet the cost
 of  books and consumable supplies. In addition to the foregoing fees and
 charges, the board of trustees may impose and collect fees  and  charges
 for  student  government  and  other  student activities and receive and
 expend them as agent or trustee.
   (II) NOTWITHSTANDING ANY LAW, RULE,  REGULATION  OR  PRACTICE  TO  THE
 CONTRARY,  COMMENCING  WITH  THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND
 TWENTY-FOUR ACADEMIC YEAR AND ENDING IN THE TWO  THOUSAND  TWENTY-FIVE--
 TWO  THOUSAND  TWENTY-SIX  ACADEMIC  YEAR,    FOLLOWING  THE  REVIEW AND
 APPROVAL OF THE CHANCELLOR OF THE CITY UNIVERSITY OR HIS OR  HER  DESIG-
 NEE,  THE  CITY  UNIVERSITY  OF  NEW  YORK  BOARD  OF  TRUSTEES SHALL BE
 EMPOWERED TO ANNUALLY IMPOSE DIFFERENTIAL TUITION RATES ON  NON-RESIDENT
 UNDERGRADUATE  AND  GRADUATE  RATES  OF  TUITION  FOR  SENIOR  COLLEGES,
 PROVIDED THAT SUCH RATES ARE  COMPETITIVE  WITH  THE  RATES  OF  TUITION
 CHARGED  BY  PEER  INSTITUTIONS  AND THAT THE BOARD OF TRUSTEES ANNUALLY
 PROVIDE THE REASON AND METHODOLOGY BEHIND ANY  RATE  INCREASE    TO  THE
 GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
 ASSEMBLY PRIOR TO THE APPROVAL OF SUCH INCREASES.
   § 4. This act shall take  effect  immediately;  provided  however  the
 amendments  to  paragraph  (a)  of  subdivision 7 of section 6206 of the
 education law made by section two of this act shall be  subject  to  the
 expiration  and  reversion  of  such paragraph pursuant to section 16 of
 chapter 260 of the laws of 2011 as amended,  when  upon  such  date  the
 provisions of section three of this act shall take effect.
 
                                  PART C
 
                           Intentionally Omitted
 S. 4006--C                         29                         A. 3006--C
 
                                  PART D
 
   Section  1.  Paragraphs b and c of subdivision 4 of section 612 of the
 education law, as added by chapter 425 of the laws of 1988, are  amended
 to read as follows:
   [b.  A  grant  to a recipient of an award under this section shall not
 exceed the amount of three hundred thousand dollars for any grant  year,
 provided  that  a recipient may receive a grant in excess of such amount
 at the rate of twelve hundred fifty dollars for each student, in  excess
 of  two hundred forty students, who is provided compensatory and support
 services by the recipient during such grant year.
   c.] B. The grant recipients  shall  provide  students  at  public  and
 nonpublic  schools  the  opportunity to receive compensatory and support
 services in an equitable manner consistent with the number and  need  of
 the children in such schools.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
                           Intentionally Omitted
 
                                  PART F
 
                           Intentionally Omitted
 
                                  PART G

                           Intentionally Omitted
 
                                  PART H
 
                           Intentionally Omitted
 
                                  PART I
 
                           Intentionally Omitted
 
                                  PART J
 
                           Intentionally Omitted
 
                                  PART K
 
                           Intentionally Omitted
 
                                  PART L
 
                           Intentionally Omitted
 S. 4006--C                         30                         A. 3006--C
 
                                  PART M
 
                           Intentionally Omitted
 
                                  PART N
 
                           Intentionally Omitted
 
                                  PART O

                           Intentionally Omitted
 
                                  PART P
 
                           Intentionally Omitted
 
                                  PART Q
 
   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, 2024. 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
 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 2022-2023 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, 2023.
   § 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, 2024.  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
 S. 4006--C                         31                         A. 3006--C
 
 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 2022-2023 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, 2023.
   § 3. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may provide, for purposes of the rural rental assist-
 ance program pursuant to article 17-A of  the  private  housing  finance
 law,  a  sum  not to exceed $21,710,000 for the fiscal year ending March
 31, 2024.  Notwithstanding any other provision of law,  and  subject  to
 the  approval of the New York state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  housing  trust  fund corporation, for the purposes of
 reimbursing any costs associated with rural  rental  assistance  program
 contracts  authorized  by  this  section,  a  total  sum  not  to exceed
 $21,710,000, 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 2022-2023 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, 2023.
   § 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 $50,781,000 for  the  fiscal  year
 ending  March  31, 2024. 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
 S. 4006--C                         32                         A. 3006--C

 sum not to exceed $50,781,000, 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 2022-2023 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, 2024.
   § 5. This act shall take effect immediately.
 
                                  PART R
 
                           Intentionally Omitted
 
                                  PART S
 
   Section 1. Paragraph (c) of subdivision 1 of section 652 of the  labor
 law,  as added by section 1 of part K of chapter 54 of the laws of 2016,
 is amended to read as follows:
   (c) Remainder of state. Every  employer  shall  pay  to  each  of  its
 employees  for  each hour worked outside of the city of New York and the
 counties of Nassau, Suffolk, and Westchester, a wage of not less than:
   $9.70 on and after December 31, 2016,
   $10.40 on and after December 31, 2017,
   $11.10 on and after December 31, 2018,
   $11.80 on and after December 31, 2019,
   $12.50 on and after December 31, 2020,
   and on each following December thirty-first UP TO AND  UNTIL  DECEMBER
 31,  2022,  a  wage  published  by the commissioner on or before October
 first, based on the then current minimum wage increased by a  percentage
 determined  by  the  director  of  the  budget  in consultation with the
 commissioner, with the result rounded to the nearest five cents,  total-
 ing no more than fifteen dollars, where the percentage increase shall be
 based  on  indices  including,  but  not  limited  to,  (i)  the rate of
 inflation for the most recent twelve month period ending  June  of  that
 year  based  on  the  consumer  price index for all urban consumers on a
 national and seasonally unadjusted basis (CPI-U), or a  successor  index
 as calculated by the United States department of labor, (ii) the rate of
 state personal income growth for the prior calendar year, or a successor
 index, published by the bureau of economic analysis of the United States
 department of commerce, or (iii) wage growth; or, if greater, such other
 wage  as may be established by federal law pursuant to 29 U.S.C. section
 206 or its successors or such  other  wage  as  may  be  established  in
 accordance with the provisions of this article.
   §  2. Section 652 of the labor law is amended by adding two new subdi-
 visions 1-a and 1-b to read as follows:
   1-A.  ANNUAL MINIMUM WAGE FROM JANUARY 1, 2024 TO DECEMBER 31, 2026.
 S. 4006--C                         33                         A. 3006--C
 
   (A) NEW YORK CITY. NOTWITHSTANDING SUBDIVISION ONE  OF  THIS  SECTION,
 EVERY EMPLOYER REGARDLESS OF SIZE SHALL PAY TO EACH OF ITS EMPLOYEES FOR
 EACH HOUR WORKED IN THE CITY OF NEW YORK A WAGE OF NOT LESS THAN:
   $16.00 ON AND AFTER JANUARY 1, 2024,
   $16.50 ON AND AFTER JANUARY 1, 2025,
   $17.00  ON  AND AFTER JANUARY 1, 2026, OR, IF GREATER, SUCH OTHER WAGE
 AS MAY BE ESTABLISHED BY  FEDERAL  LAW PURSUANT  TO   29 U.S.C.  SECTION
 206  OR  ITS  SUCCESSORS  OR  SUCH  OTHER  WAGE AS MAY BE ESTABLISHED IN
 ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   (B) REMAINDER OF DOWNSTATE. NOTWITHSTANDING SUBDIVISION  ONE  OF  THIS
 SECTION, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR
 WORKED  IN  THE  COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER, A WAGE OF
 NOT LESS THAN:
   $16.00 ON AND AFTER JANUARY 1, 2024,
   $16.50 ON AND AFTER JANUARY 1, 2025,
   $17.00 ON AND AFTER JANUARY 1, 2026, OR, IF GREATER, SUCH  OTHER  WAGE
 AS  MAY  BE ESTABLISHED BY  FEDERAL  LAW PURSUANT  TO  29 U.S.C. SECTION
 206 OR ITS SUCCESSORS OR SUCH  OTHER  WAGE  AS  MAY  BE  ESTABLISHED  IN
 ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   (C)  REMAINDER  OF  STATE.  NOTWITHSTANDING  SUBDIVISION  ONE  OF THIS
 SECTION, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR
 WORKED OUTSIDE THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK,
 AND WESTCHESTER, A WAGE OF NOT LESS THAN:
   $15.00 ON AND AFTER JANUARY 1, 2024,
   $15.50 ON AND AFTER JANUARY 1, 2025,
   $16.00 ON AND AFTER JANUARY 1, 2026, OR, IF GREATER, SUCH  OTHER  WAGE
 AS  MAY  BE ESTABLISHED BY FEDERAL LAW PURSUANT TO 29 U.S.C. SECTION 206
 OR ITS SUCCESSORS OR SUCH OTHER WAGE AS MAY BE ESTABLISHED IN ACCORDANCE
 WITH THE PROVISIONS OF THIS ARTICLE.
   1-B. ANNUAL MINIMUM WAGE INCREASE  BEGINNING  ON  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-SEVEN.  (A)  NEW YORK CITY. ON AND AFTER JANUARY FIRST,
 TWO THOUSAND TWENTY-SEVEN, EVERY EMPLOYER REGARDLESS OF SIZE  SHALL  PAY
 TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE CITY OF NEW YORK, A
 WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED ANNUAL-
 LY  BY THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETER-
 MINED BY INCREASING THE THEN CURRENT YEAR'S MINIMUM  WAGE  RATE  BY  THE
 RATE  OF  CHANGE  IN  THE  AVERAGE  OF THE THREE MOST RECENT CONSECUTIVE
 TWELVE-MONTH PERIODS BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF
 JULY, EACH OVER THEIR PRECEDING TWELVE-MONTH PERIODS  PUBLISHED  BY  THE
 UNITED STATES DEPARTMENT OF LABOR NON-SEASONALLY ADJUSTED CONSUMER PRICE
 INDEX  FOR  NORTHEAST  REGION  URBAN  WAGE  EARNERS AND CLERICAL WORKERS
 (CPI-W) OR ANY SUCCESSOR  INDEX  AS  CALCULATED  BY  THE  UNITED  STATES
 DEPARTMENT OF LABOR, WITH THE RESULT ROUNDED TO THE NEAREST FIVE CENTS.
   (B)  REMAINDER  OF DOWNSTATE. ON AND AFTER JANUARY FIRST, TWO THOUSAND
 TWENTY-SEVEN, EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH
 HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER, A  WAGE
 OF  NOT LESS THAN THE ADJUSTED MINIMUM WAGE RATE ESTABLISHED ANNUALLY BY
 THE COMMISSIONER. SUCH ADJUSTED MINIMUM WAGE RATE SHALL BE DETERMINED BY
 INCREASING THE THEN CURRENT YEAR'S MINIMUM WAGE  RATE  BY  THE  RATE  OF
 CHANGE  IN THE AVERAGE OF THE THREE MOST RECENT CONSECUTIVE TWELVE-MONTH
 PERIODS BETWEEN THE FIRST OF AUGUST AND THE THIRTY-FIRST OF  JULY,  EACH
 OVER THEIR PRECEDING TWELVE-MONTH PERIODS PUBLISHED BY THE UNITED STATES
 DEPARTMENT OF LABOR NON-SEASONALLY ADJUSTED CONSUMER PRICE INDEX FOR THE
 NORTHEAST  REGION URBAN WAGE EARNERS AND CLERICAL WORKERS (CPI-W) OR ANY
 SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF  LABOR,
 WITH THE RESULT ROUNDED TO THE NEAREST FIVE CENTS.
 S. 4006--C                         34                         A. 3006--C
 
   (C) REMAINDER OF STATE. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWEN-
 TY-SEVEN,  EVERY  EMPLOYER  SHALL  PAY TO EACH OF ITS EMPLOYEES FOR EACH
 HOUR WORKED OUTSIDE OF THE CITY OF NEW YORK AND THE COUNTIES OF  NASSAU,
 SUFFOLK,  AND  WESTCHESTER  A WAGE OF NOT LESS THAN THE ADJUSTED MINIMUM
 WAGE  RATE ESTABLISHED ANNUALLY BY THE COMMISSIONER. SUCH ADJUSTED MINI-
 MUM WAGE RATE SHALL BE DETERMINED BY INCREASING THE THEN CURRENT  YEAR'S
 MINIMUM WAGE RATE BY THE RATE OF CHANGE IN THE AVERAGE OF THE THREE MOST
 RECENT  CONSECUTIVE TWELVE-MONTH PERIODS BETWEEN THE FIRST OF AUGUST AND
 THE THIRTY-FIRST OF JULY, EACH OVER THEIR PRECEDING TWELVE-MONTH PERIODS
 PUBLISHED BY  THE  UNITED  STATES  DEPARTMENT  OF  LABOR  NON-SEASONALLY
 ADJUSTED  CONSUMER  PRICE  INDEX FOR NORTHEAST REGION URBAN WAGE EARNERS
 AND CLERICAL WORKERS (CPI-W) OR ANY SUCCESSOR INDEX AS CALCULATED BY THE
 UNITED STATES DEPARTMENT OF LABOR, WITH THE RESULT ROUNDED TO THE  NEAR-
 EST FIVE CENTS.
   (D) EXCEPTIONS. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN AND
 THEREAFTER, NOTWITHSTANDING PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVI-
 SION,  THERE  SHALL  BE NO INCREASE IN THE MINIMUM WAGE IN THE STATE FOR
 THE FOLLOWING YEAR IF ANY OF THE FOLLOWING CONDITIONS ARE MET, PROVIDED,
 HOWEVER, THAT SUCH EXCEPTION SHALL  BE  LIMITED  TO  NO  MORE  THAN  TWO
 CONSECUTIVE YEARS:
   (I) THE RATE OF CHANGE IN THE AVERAGE OF THE MOST RECENT PERIOD OF THE
 FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY OVER THE PRECEDING PERIOD OF
 THE  FIRST OF AUGUST TO THE THIRTY-FIRST OF JULY PUBLISHED BY THE UNITED
 STATES DEPARTMENT OF LABOR NON-SEASONALLY ADJUSTED CONSUMER PRICE  INDEX
 FOR  THE  NORTHEAST  REGION  URBAN  WAGE  EARNERS  AND  CLERICAL WORKERS
 (CPI-W), OR ANY SUCCESSOR INDEX  AS  CALCULATED  BY  THE  UNITED  STATES
 DEPARTMENT OF LABOR, IS NEGATIVE;
   (II)  THE  THREE-MONTH  MOVING  AVERAGE OF THE SEASONALLY ADJUSTED NEW
 YORK STATE UNEMPLOYMENT RATE AS DETERMINED BY THE U-3 MEASURE  OF  LABOR
 UNDERUTILIZATION  FOR  THE MOST RECENT PERIOD ENDING THE THIRTY-FIRST OF
 JULY AS CALCULATED BY THE UNITED STATES DEPARTMENT  OF  LABOR  RISES  BY
 ONE-HALF  PERCENTAGE POINT OR MORE RELATIVE TO ITS LOW DURING THE PREVI-
 OUS TWELVE MONTHS; OR
   (III) SEASONALLY ADJUSTED, TOTAL  NON-FARM  EMPLOYMENT  FOR  NEW  YORK
 STATE  IN  JULY,  CALCULATED  BY  THE UNITED STATES DEPARTMENT OF LABOR,
 DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL  NON-FARM  EMPLOYMENT  FOR
 NEW YORK STATE IN APRIL, AND SEASONALLY ADJUSTED, TOTAL NON-FARM EMPLOY-
 MENT FOR NEW YORK STATE IN JULY, CALCULATED BY THE UNITED STATES DEPART-
 MENT  OF  LABOR,  DECREASED FROM THE SEASONALLY ADJUSTED, TOTAL NON-FARM
 EMPLOYMENT FOR NEW YORK STATE IN JANUARY.
   (E) THE COMMISSIONER SHALL PUBLISH THE ADJUSTED MINIMUM WAGE RATES  NO
 LATER  THAN  THE  FIRST  OF  OCTOBER  OF EACH YEAR TO TAKE EFFECT ON THE
 FOLLOWING FIRST DAY OF JANUARY.
   § 3. Subdivisions 2, 4 and 5 of section 652 of the labor law, subdivi-
 sion 2 as amended by chapter 38 of the laws of 1990, the  opening  para-
 graph  of subdivision 2 as amended by section 6 of part II of chapter 58
 of the laws of 2020, and subdivisions 4 and 5 as amended by section 2 of
 part K of chapter 54 of the  laws  of  2016,  are  amended  to  read  as
 follows:
   2.  Existing  wage  orders.  The  minimum wage orders in effect on the
 effective date of this act shall remain in full force and effect, except
 as modified in accordance with the provisions of this article; provided,
 however, that the minimum wage order for farm workers codified  at  part
 one  hundred  ninety  of  title twelve of the New York code of rules and
 regulations in effect on January first, two  thousand  twenty  shall  be
 deemed to be a wage order established and adopted under this article and
 S. 4006--C                         35                         A. 3006--C
 
 shall  remain  in full force and effect except as modified in accordance
 with the provisions of this article or article nineteen-A of this  chap-
 ter.
   Such  minimum  wage  orders  shall  be modified by the commissioner to
 increase all monetary amounts specified therein in the  same  proportion
 as  the increase in the hourly minimum wage as provided in [subdivision]
 SUBDIVISIONS one, ONE-A,  AND  ONE-B  of  this  section,  including  the
 amounts  specified in such minimum wage orders as allowances for gratui-
 ties, and when furnished by the employer to its  employees,  for  meals,
 lodging,  apparel  and  other  such  items, services and facilities. All
 amounts so modified shall be rounded off to the nearest five cents.  The
 modified  orders  shall  be  promulgated  by  the commissioner without a
 public hearing, and without reference to a wage board, and shall  become
 effective  on  the  effective date of such increases in the minimum wage
 except as otherwise provided in this  subdivision,  notwithstanding  any
 other provision of this article.
   4.  Notwithstanding  subdivisions  one,  ONE-A, ONE-B, and two of this
 section, the wage for an employee who is a food service worker receiving
 tips shall be a cash wage of at least two-thirds  of  the  minimum  wage
 rates set forth in subdivision one of this section, rounded to the near-
 est  five  cents  or seven dollars and fifty cents, whichever is higher,
 provided that the tips of such an employee,  when  added  to  such  cash
 wage,  are  equal  to  or  exceed the minimum wage in effect pursuant to
 [subdivision] SUBDIVISIONS one, ONE-A, AND ONE-B  of  this  section  and
 provided  further  that  no  other  cash wage is established pursuant to
 section six hundred fifty-three of this article.
   5. Notwithstanding subdivisions one, ONE-A, ONE-B,  and  two  of  this
 section, meal and lodging allowances for a food service worker receiving
 a  cash  wage  pursuant  to  subdivision  four of this section shall not
 increase more than two-thirds of the increase  required  by  subdivision
 two  of  this section as applied to state wage orders in effect pursuant
 to [subdivision] SUBDIVISIONS one, ONE-A, AND ONE-B of this section.
   § 4. This act shall take effect immediately.
 
                                  PART T
 
                           Intentionally Omitted
 
                                  PART U
 
   Section 1. Subdivision 2 of section 410-u of the social services  law,
 as  amended by section 1 of part L of chapter 56 of the laws of 2022, is
 amended to read as follows:
   2. The state block grant for child care  shall  be  divided  into  two
 parts pursuant to a plan developed by the department and approved by the
 director  of  the  budget.  One  part  shall be retained by the state to
 provide child care on a statewide basis to special groups and for activ-
 ities  to  increase  the  availability  and/or  quality  of  child  care
 programs,  including,  but  not  limited  to, the start-up of child care
 programs, the operation of child care resource  and  referral  programs,
 training  activities,  the  regulation  and  monitoring  of  child  care
 programs, the development of computerized  data  systems,  and  consumer
 education,  provided  however,  that  child  care  resource and referral
 programs funded under title five-B of article six of this chapter  shall
 meet  additional  performance  standards  developed by the department of
 S. 4006--C                         36                         A. 3006--C
 
 social services including but not limited to: increasing the  number  of
 child  care  placements  for  persons  who  are at or below [two hundred
 percent of the state income standard, or three hundred  percent  of  the
 state  income  standard effective August first, two thousand twenty-two,
 provided such persons are at or below] eighty-five percent of the  state
 median  income,  with emphasis on placements supporting local efforts in
 meeting federal and state work  participation  requirements,  increasing
 technical  assistance  to  all modalities of legal child care to persons
 who are at or below [two hundred percent of the state  income  standard,
 or  three  hundred percent of the state income standard effective August
 first, two thousand twenty-two, provided such persons are at  or  below]
 eighty-five  percent of the state median income, including the provision
 of training to assist providers in meeting child care standards or regu-
 latory requirements, and creating  new  child  care  opportunities,  and
 assisting social services districts in assessing and responding to child
 care  needs  for  persons  at or below [two hundred percent of the state
 income standard, or three hundred percent of the state  income  standard
 effective  August  first, two thousand twenty-two, provided such persons
 are at or below] eighty-five percent of the  state  median  income.  The
 department  shall  have the authority to withhold funds from those agen-
 cies which do not meet performance standards. Agencies whose  funds  are
 withheld  may  have funds restored upon achieving performance standards.
 The other part shall  be  allocated  to  social  services  districts  to
 provide  child  care  assistance to families receiving family assistance
 and to other low income families.
   § 2.  Subdivisions 1 and 3 of section 410-w  of  the  social  services
 law,  subdivision  1  as amended by section 2 of part L of chapter 56 of
 the laws of 2022, and subdivision 3 as amended by chapter 70 of the laws
 of 2023, are amended to read as follows:
   1. A social services district may use the funds allocated to  it  from
 the block grant to provide child care assistance to:
   (a)  families receiving public assistance when such child care assist-
 ance is necessary: to enable a parent or caretaker relative to engage in
 work, participate in work activities  or  perform  a  community  service
 pursuant  to  title  nine-B of article five of this chapter; to enable a
 teenage parent to  attend  high  school  or  other  equivalent  training
 program;  because  the  parent  or  caretaker  relative is physically or
 mentally incapacitated; or because family duties away from home necessi-
 tate the parent or caretaker relative's absence; child day care shall be
 provided during breaks in activities[, for a period of up to two weeks].
 Such child day care [may] SHALL be authorized [for a period of up to one
 month if child care arrangements shall be lost if not continued, and the
 program or employment is scheduled to begin within such period] FOR  THE
 PERIOD DESIGNATED BY THE REGULATIONS OF THE DEPARTMENT;
   (b)  families  with  incomes  up  to [two hundred percent of the state
 income standard, or three hundred percent of the state  income  standard
 effective  August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF
 THE STATE MEDIAN INCOME who are attempting through  work  activities  to
 transition off of public assistance when such child care is necessary in
 order  to  enable  a  parent  or  caretaker  relative  to engage in work
 provided such families' public  assistance  has  been  terminated  as  a
 result  of  increased  hours  of  or income from employment or increased
 income from child support  payments  or  the  family  voluntarily  ended
 assistance; provided that the family received public assistance at least
 three  of  the  six  months preceding the month in which eligibility for
 such assistance terminated or ended or provided  that  such  family  has
 S. 4006--C                         37                         A. 3006--C
 
 received  child care assistance under subdivision four of this section[;
 and provided, the family income does not exceed eighty-five  percent  of
 the state median income];
   (c)  families  with  incomes  up  to [two hundred percent of the state
 income standard, or three hundred percent of the state  income  standard
 effective  August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF
 THE STATE MEDIAN INCOME, which are determined  in  accordance  with  the
 regulations  of  the  department  to be at risk of becoming dependent on
 family assistance[; provided, the family income does not exceed  eighty-
 five percent of the state median income];
   (d)  families  with  incomes  up  to [two hundred percent of the state
 income standard, or three hundred percent of the state  income  standard
 effective  August first, two thousand twenty-two] EIGHTY-FIVE PERCENT OF
 THE STATE MEDIAN INCOME, who are attending a post secondary  educational
 program[;  provided,  the  family  income  does  not  exceed eighty-five
 percent of the state median income]; and
   (e) other families with incomes up to  [two  hundred  percent  of  the
 state  income  standard,  or  three  hundred percent of the state income
 standard effective August first,  two  thousand  twenty-two,  which  the
 social services district designates in its consolidated services plan as
 eligible  for  child  care  assistance] EIGHTY-FIVE PERCENT OF THE STATE
 MEDIAN INCOME in accordance with criteria  established  by  the  depart-
 ment[;  provided,  the family income does not exceed eighty-five percent
 of the state median income].
   3. A social services district shall guarantee child care assistance to
 families in receipt of public assistance with  children  under  thirteen
 years  of  age when such child care assistance is necessary for a parent
 or caretaker relative to engage in work or participate  in  work  activ-
 ities pursuant to the provisions of title nine-B of article five of this
 chapter.  Child care assistance shall continue to be guaranteed for such
 a family for a period of twelve months or, upon approval by the  office,
 may  be  provided by a social services district for a period up to twen-
 ty-four months, after the month in which the  family's  eligibility  for
 public assistance has terminated or ended when such child care is neces-
 sary  in  order  to enable the parent or caretaker relative to engage in
 work, provided that the family's public assistance has  been  terminated
 as  a result of an increase in the hours of or income from employment or
 increased income from child  support  payments  or  because  the  family
 voluntarily ended assistance; that the family received public assistance
 in  at least three of the six months preceding the month in which eligi-
 bility for such assistance terminated or ended  or  provided  that  such
 family has received child care assistance under subdivision four of this
 section;  AND  that  the  family's  income  does not exceed [two hundred
 percent of the state income standard, or three hundred  percent  of  the
 state  income  standard effective August first, two thousand twenty-two;
 and that the family income does not exceed] eighty-five percent  of  the
 state  median  income.  Such child day care shall recognize the need for
 continuity of care for the child and a district shall not move  a  child
 from an existing provider unless the participant consents to such move.
   §  3.  Paragraph  (a)  of subdivision 2 of section 410-x of the social
 services law, as amended by chapter 416 of the laws of 2000, is  amended
 to read as follows:
   (a)  [A  social  services  district] THE OFFICE OF CHILDREN AND FAMILY
 SERVICES may establish priorities for the families which will be  eligi-
 ble to receive funding; provided that the priorities provide that eligi-
 ble  families  will  receive  equitable  access to child care assistance
 S. 4006--C                         38                         A. 3006--C
 
 funds to the extent that these funds are available. THE OFFICE OF  CHIL-
 DREN  AND FAMILY SERVICES SHALL ENSURE THAT FAMILIES IN RECEIPT OF CHILD
 CARE ASSISTANCE AS OF SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-THREE WHO
 WERE  IDENTIFIED  AS A PRIORITY POPULATION UNDER A LOCAL SOCIAL SERVICES
 DISTRICT'S CONSOLIDATED SERVICES PLAN SHALL CONTINUE TO BE ELIGIBLE  FOR
 SUCH  ASSISTANCE,  PROVIDED  THEY  MEET ALL OTHER APPLICABLE ELIGIBILITY
 REQUIREMENTS FOR SUCH ASSISTANCE.
   § 4. Paragraphs (b) and (c) of subdivision 2 of section 410-x  of  the
 social services law are REPEALED.
   §  5.  Section 410-x of the social services law is amended by adding a
 new subdivision 9 to read as follows:
   9. REIMBURSEMENT FOR PAYMENT ON BEHALF OF CHILDREN WHO ARE TEMPORARILY
 ABSENT FROM CHILD CARE SHALL BE PAID FOR UP TO  EIGHTY  DAYS  PER  YEAR.
 REIMBURSEMENT  FOR  ADDITIONAL  ABSENCES MAY BE ALLOWABLE IN THE CASE OF
 EXTENUATING CIRCUMSTANCES, AS DETERMINED BY THE OFFICE OF  CHILDREN  AND
 FAMILY SERVICES.
   §  6.  Subdivision  8  of section 410-w of the social services law, as
 amended by section 1 of part Z of chapter 56 of the  laws  of  2021,  is
 amended to read as follows:
   8.  Notwithstanding any other provision of law, rule or regulations to
 the contrary, a social services district that implements a  plan  amend-
 ment  to  the  child care portion of its child and family services plan,
 either as part of an annual plan update,  or  through  a  separate  plan
 amendment  process,  where  such  amendment  reduces eligibility for, or
 increases the family share percentage of, families receiving child  care
 services, or that implements the process for closing child care cases as
 set forth in the district's approved child and family services plan, due
 to the district determining that it cannot maintain its current caseload
 because  all  of the available funds are projected to be needed for open
 cases, shall provide all  families  whose  eligibility  for  child  care
 assistance  or  family  share percentage will be impacted by such action
 with at least thirty days prior written notice of the action.  Provided,
 however, that a family receiving assistance pursuant to this title shall
 not  be  required  to  contribute  more  than [ten] ONE percent of their
 income exceeding the federal poverty level.
   § 7. Subdivision 6 of section 410-x of the  social  services  law,  as
 amended  by  section  2  of part Z of chapter 56 of the laws of 2021, is
 amended to read as follows:
   6. Pursuant to department regulations, child care assistance shall  be
 provided  on a sliding fee basis based upon the family's ability to pay;
 provided, however, that a family receiving assistance pursuant  to  this
 title shall not be required to contribute more than [ten] ONE percent of
 their income exceeding the federal poverty level.
   §  8.  Subdivision  10 of section 410-w of the social services law, as
 added by section 2 of part L of chapter 56  of  the  laws  of  2022,  is
 amended to read as follows:
   10.  For  the purposes of this [section] TITLE, the term "state median
 income" means the most recent state median income data published by  the
 bureau  of  the  census,  for  a family of the same size, updated by the
 department for a family size of four and adjusted by the department  for
 family size.
   §  9.  Section  3 of part Z of chapter 56 of the laws of 2021 amending
 the social services law relating to making child care more    affordable
 for low-income families, is amended to read as follows:
   §  3.  This act shall take effect immediately [and shall expire and be
 deemed repealed three years after such date].
 S. 4006--C                         39                         A. 3006--C
 
   § 10. This act shall take effect October 1, 2023. The office of  chil-
 dren  and  family services is hereby authorized to promulgate such rules
 and regulations as may be necessary, including on an emergency basis, to
 implement the provisions of this act.
 
                                  PART V
 
   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  M  of
 chapter 56 of the laws of 2022, is amended to read as follows:
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed April 1, [2023] 2024; provided however that  the  amend-
 ments  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, 2023.
 
                                  PART W
 
   Section 1. Section 11 of subpart A of part G of chapter 57 of the laws
 of 2012, amending the social services  law  and  the  family  court  act
 relating  to  establishing  a  juvenile  justice  services close to home
 initiative, as amended by section 2 of part G of chapter 56 of the  laws
 of 2018, is amended to read as follows:
   §  11.  This  act  shall take effect April 1, 2012 and shall expire on
 March 31, [2023] 2028 when upon such date the  provisions  of  this  act
 shall be deemed repealed; provided, however, that effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date; provided, however, upon the repeal of this act, a social
 services district that has custody of a juvenile delinquent pursuant  to
 an  approved  juvenile  justice  services close to home initiative shall
 retain custody of such juvenile delinquent until custody may be  legally
 transferred  in  an orderly fashion to the office of children and family
 services.
   § 2. Section 7 of subpart B of part G of chapter 57  of  the  laws  of
 2012,  amending  the  social  services law, the family court act and the
 executive law relating to juvenile delinquents, as amended by section  3
 of  part  G  of  chapter  56  of the laws of 2018, is amended to read as
 follows:
   § 7. This act shall take effect April 1,  2012  and  shall  expire  on
 March  31,  [2023]  2028  when upon such date the provisions of this act
 shall be deemed repealed; provided, however, that effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary for the implementation of this act on its effective date is author-
 ized  and  directed to be made and completed on or before such effective
 date.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after March 31, 2023.
 
                                  PART X
 S. 4006--C                         40                         A. 3006--C
 
   Section  1. Subdivision 1 of section 336-a of the social services law,
 as amended by chapter 275 of the laws of 2017, is  amended  to  read  as
 follows:
   1.  Social  services  districts shall make available vocational educa-
 tional training and educational activities.  Such activities may include
 but need not be limited to, high school education or education  designed
 to  prepare  a  participant  for  a high school equivalency certificate,
 basic and remedial education, education in English  proficiency,  educa-
 tion  or  a  course  of  instruction  in financial literacy and personal
 finance that includes instruction on  household  cash  management  tech-
 niques,  career  advice  to  obtain  a well paying and secure job, using
 checking and savings accounts, obtaining and utilizing  short  and  long
 term  credit,  securing  a loan or other long term financing arrangement
 for high cost items, participation  in  a  higher  education  course  of
 instruction  or  trade school, and no more than a total of four years of
 post-secondary education  (or  the  part-time  equivalent).  Educational
 activities  pursuant  to  this  section  may  be offered with any of the
 following providers which meet the performance or  assessment  standards
 established  in  regulations  by  the commissioner for such providers: a
 community college, licensed trade school, registered business school, or
 a two-year or four-year college; provided, however, that such  post-sec-
 ondary  education  must  be  necessary  to the attainment of the partic-
 ipant's individual employment goal as set  forth  in  the  employability
 plan  and  such goal must relate directly to obtaining useful employment
 [in a recognized occupation]. When making [any]  AN  assignment  to  any
 educational activity pursuant to this subdivision, such assignment shall
 be  permitted only to the extent that such assignment is consistent with
 the individual's assessment and employment plan goals in accordance with
 sections three hundred thirty-five and three  hundred  thirty-five-a  of
 this  title and shall require that the individual maintains satisfactory
 academic progress and hourly participation is documented consistent with
 federal and state requirements. For purposes of this  provision  "satis-
 factory  academic progress" shall mean having a cumulative C average, or
 its equivalent, as determined by the academic institution. The  require-
 ment to maintain satisfactory academic progress may be waived if done so
 by  the  academic  institution and the social services district based on
 undue hardship caused by an event such as a personal injury  or  illness
 of  the  student, the death of a relative of the student or other exten-
 uating circumstances. [Any enrollment in post-secondary education beyond
 a twelve month period must be combined with no less than twenty hours of
 participation averaged weekly in paid employment or work  activities  or
 community  service when paid employment is not available.] PARTICIPATION
 IN  AN  EDUCATIONAL  AND/OR  VOCATIONAL  TRAINING  PROGRAM,  THAT  SHALL
 INCLUDE,  BUT  NOT  BE  LIMITED  TO,  A  TWO-YEAR  POST-SECONDARY DEGREE
 PROGRAM, WHICH IS NECESSARY FOR THE PARTICIPANT TO ATTAIN THEIR INDIVID-
 UAL EMPLOYMENT GOAL AND IS LIKELY TO LEAD TO A DEGREE  OR  CERTIFICATION
 AND  SUSTAINED  EMPLOYMENT, SHALL BE APPROVED CONSISTENT WITH SUCH INDI-
 VIDUAL'S ASSESSMENT AND EMPLOYABILITY  PLAN  TO  THE  EXTENT  THAT  SUCH
 APPROVAL  DOES NOT JEOPARDIZE THE STATE'S ABILITY TO COMPLY WITH FEDERAL
 WORK PARTICIPATION RATES, AS DETERMINED BY THE OFFICE OF  TEMPORARY  AND
 DISABILITY ASSISTANCE.
   §  2.  Paragraph  (a)  of subdivision 8 of section 131-a of the social
 services law is amended by adding two new subparagraphs (xii) and (xiii)
 to read as follows:
   (XII) ALL OF THE EARNED INCOME OF A  RECIPIENT  OF  PUBLIC  ASSISTANCE
 THAT  IS  DERIVED  FROM  PARTICIPATION  IN  A QUALIFIED WORK ACTIVITY OR
 S. 4006--C                         41                         A. 3006--C
 
 TRAINING PROGRAM AS DETERMINED BY THE OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE, TO THE EXTENT THAT SUCH EARNED INCOME HAS NOT  ALREADY  BEEN
 DISREGARDED  PURSUANT  TO SUBPARAGRAPH (VII) OF THIS PARAGRAPH, PROVIDED
 THAT  THE  RECIPIENT'S  TOTAL  INCOME SHALL NOT BE MORE THAN TWO HUNDRED
 PERCENT OF THE FEDERAL POVERTY LEVEL.
   (XIII) ONCE DURING THE LIFETIME OF A RECIPIENT OF  PUBLIC  ASSISTANCE,
 ALL OF THE EARNED INCOME OF SUCH RECIPIENT WILL BE DISREGARDED FOLLOWING
 JOB ENTRY, PROVIDED THAT SUCH EXEMPTION OF INCOME FOR PURPOSES OF PUBLIC
 ASSISTANCE  ELIGIBILITY SHALL BE FOR NO MORE THAN SIX CONSECUTIVE MONTHS
 FROM THE INITIAL DATE OF OBTAINING SUCH EMPLOYMENT AND THAT THE  RECIPI-
 ENT'S  TOTAL  INCOME  SHALL  NOT BE MORE THAN TWO HUNDRED PERCENT OF THE
 FEDERAL POVERTY LEVEL. IN THE EVENT A RECIPIENT MOVES FROM ONE TO ANOTH-
 ER SOCIAL SERVICES DISTRICT, THIS DISREGARD SHALL FOLLOW THE RECIPIENT.
   § 3. This act shall take effect on the two hundred fortieth day  after
 it shall have become a law.
 
                                  PART Y
 
   Section  1. The social services law is amended by adding a new section
 152-d to read as follows:
   § 152-D. REPLACEMENT OF STOLEN PUBLIC ASSISTANCE.  1.  NOTWITHSTANDING
 SECTION  THREE HUNDRED FIFTY-J OF THIS ARTICLE AND SUBDIVISION ELEVEN OF
 SECTION ONE HUNDRED THIRTY-ONE OF THIS TITLE,  AND  IN  ACCORDANCE  WITH
 THIS  SECTION,  PUBLIC  ASSISTANCE  RECIPIENTS SHALL RECEIVE REPLACEMENT
 ASSISTANCE FOR THE LOSS OF PUBLIC ASSISTANCE, AS DEFINED IN  SUBDIVISION
 NINETEEN  OF  SECTION TWO OF THIS CHAPTER, IN INSTANCES WHEN SUCH PUBLIC
 ASSISTANCE HAS BEEN STOLEN AS A RESULT OF CARD SKIMMING, CLONING,  THIRD
 PARTY MISREPRESENTATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES, CONSIST-
 ENT  WITH  GUIDANCE  ISSUED  BY  THE  OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE.
   2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH A
 PROTOCOL FOR RECIPIENTS TO REPORT INCIDENTS OF STOLEN PUBLIC ASSISTANCE.
 THIS PROTOCOL WILL BE ADMINISTERED BY SOCIAL SERVICES DISTRICTS PURSUANT
 TO GUIDANCE ISSUED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.
   3. SOCIAL SERVICES DISTRICTS  SHALL  PROMPTLY  REPLACE  STOLEN  PUBLIC
 ASSISTANCE,  HOWEVER,  SUCH  REPLACEMENT  SHALL OCCUR NO LATER THAN FIVE
 BUSINESS DAYS AFTER THE SOCIAL SERVICES DISTRICT HAS VERIFIED THE PUBLIC
 ASSISTANCE WAS STOLEN IN ACCORDANCE WITH  GUIDANCE  ESTABLISHED  BY  THE
 OFFICE  OF  TEMPORARY  AND DISABILITY ASSISTANCE CONSISTENT WITH FEDERAL
 AND STATE LAWS, REGULATIONS AND GUIDANCE, PROVIDED, HOWEVER, THAT SOCIAL
 SERVICES DISTRICTS SHALL NOT ASK RECIPIENTS TO OBTAIN A POLICE REPORT OR
 REQUIRE ANY OTHER INTERACTION WITH LAW ENFORCEMENT  UNLESS  REQUIRED  BY
 FEDERAL  LAW,  REGULATION,  OR  GUIDANCE FOR EITHER PUBLIC ASSISTANCE OR
 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS.
   4. FOR PUBLIC ASSISTANCE  THAT  IS  VERIFIED  AS  STOLEN,  REPLACEMENT
 ASSISTANCE  SHALL BE PROVIDED BY THE SOCIAL SERVICES DISTRICT IN ACCORD-
 ANCE WITH THIS SECTION AS FOLLOWS:
   (A) THE LESSER OF: (I)  THE  AMOUNT  OF  PUBLIC  ASSISTANCE  THAT  WAS
 STOLEN;  OR  (II) THE AMOUNT OF PUBLIC ASSISTANCE EQUAL TO TWO MONTHS OF
 THE MONTHLY ALLOTMENT OF THE HOUSEHOLD IMMEDIATELY  PRIOR  TO  THE  DATE
 UPON  WHICH  THE  PUBLIC  ASSISTANCE  WAS STOLEN; PROVIDED, HOWEVER, THE
 COMMISSIONER MAY PROMULGATE REGULATIONS FOR THE PROVISION OF  ADDITIONAL
 REPLACEMENT  ASSISTANCE  IN  EXTENUATING   CIRCUMSTANCES CONSISTENT WITH
 FEDERAL AND STATE LAWS, REGULATIONS AND GUIDANCE; AND
   (B)(I) NO MORE THAN TWICE IN A FEDERAL FISCAL  YEAR  TO  COVER  PUBLIC
 ASSISTANCE  STOLEN  ON  OR  AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO
 S. 4006--C                         42                         A. 3006--C
 
 THROUGH SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-FOUR; OR (II)  NO  MORE
 THAN  ONCE IN A FEDERAL FISCAL YEAR TO COVER PUBLIC ASSISTANCE STOLEN ON
 OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR.
   5.  ANY  REPLACEMENT  ASSISTANCE  PROVIDED UNDER THIS SECTION SHALL BE
 EXEMPT FROM RECOUPMENT AND RECOVERY PROVISIONS UNDER TITLE SIX OF  ARTI-
 CLE  THREE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT ASSISTANCE SHALL NOT
 BE EXEMPT FROM RECOUPMENT AND RECOVERY IF IT IS  LATER  DETERMINED  THAT
 THE PUBLIC ASSISTANCE THAT WAS REPLACED PURSUANT TO THIS SECTION WAS NOT
 STOLEN  AS  A RESULT OF CARD SKIMMING, CLONING, THIRD PARTY MISREPRESEN-
 TATION OR OTHER SIMILAR FRAUDULENT ACTIVITIES.
   § 2. This act shall take effect immediately.
 
                                  PART Z
 
   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 S of chapter 56 of the  laws  of  2022,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$161.00] $175.00 for each month beginning on or after
 January first, two thousand [twenty-two] TWENTY-THREE.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$186.00] $202.00 for each month beginning on
 or after January first, two thousand [twenty-two] TWENTY-THREE.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$222.00] $241.00 for each month
 beginning on or after January first, two thousand  [twenty-two]  TWENTY-
 THREE.
   (d)  for  the  period  commencing January first, two thousand [twenty-
 three] TWENTY-FOUR, 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-three]  TWENTY-FOUR,  but prior to June thirtieth, two
 thousand  [twenty-three]  TWENTY-FOUR,  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
 S of chapter 56 of the laws of 2022, are amended to read as follows:
   (a)  On  and  after  January  first, two thousand [twenty-two] TWENTY-
 THREE, for an eligible individual living alone, [$928.00] $1,001.00; and
 for an eligible couple living alone, [$1,365.00] $1,475.00.
   (b)  On  and  after   January   first,   two   thousand   [twenty-two]
 TWENTY-THREE,  for  an  eligible  individual  living with others with or
 without in-kind income, [$864.00] $937.00; and for  an  eligible  couple
 living   with   others  with  or  without  in-kind  income,  [$1,307.00]
 $1,417.00.
   (c) On and after January first, two thousand [twenty-two]TWENTY-THREE,
 (i) for  an  eligible  individual  receiving  family  care,  [$1,107.48]
 $1,180.48 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
 S. 4006--C                         43                         A. 3006--C
 
 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,
 [$1,069.48]  $1,142.48;  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-two]
 TWENTY-THREE, (i) for an eligible individual receiving residential care,
 [$1,276.00] $1,349.00 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,  [$1,246.00]  $1,319.00; 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-two]
 TWENTY-THREE, (i) for an eligible individual receiving enhanced residen-
 tial care, [$1,535.00]  $1,608.00;  and  (ii)  for  an  eligible  couple
 receiving  enhanced  residential care, two times the amount set forth in
 subparagraph (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-three]  TWEN-
 TY-FOUR  but  prior to June thirtieth, two thousand [twenty-three] TWEN-
 TY-FOUR.
   § 3. This act shall take effect December 31, 2023.

                                  PART AA
 
   Section 1. 1. The state university of New York trustees shall  develop
 a  long-term  plan to address the impact fluctuations in student enroll-
 ment have on the academic and financial sustainability of state-operated
 institutions and community colleges. Such plan shall include, but not be
 limited to, projected student enrollments, an assessment of  degree  and
 credential  offerings,  initiatives  to  attract and retain students and
 faculty from diverse demographics, and any  research  benchmarks.    The
 plan  shall  also  include how the state university of New York trustees
 plan to stabilize  the  finances  of  all  campuses  and  leverage  each
 campus's strengths to improve its long-term success. The state universi-
 ty  of  New  York  trustees  shall submit such plan to the governor, the
 temporary president of the senate, and the speaker of the assembly on or
 before January 1, 2024.
   2. The city university of New York trustees shall develop a  long-term
 plan  to  address  the impact fluctuations in student enrollment have on
 the academic and financial sustainability of senior colleges and  commu-
 nity colleges. Such plan shall include, but not be limited to, projected
 student  enrollments,  an assessment of degree and credential offerings,
 initiatives to attract and retain  students  and  faculty  from  diverse
 demographics,  and  any research benchmarks. The plan shall also include
 how the city university of New  York  trustees  plan  to  stabilize  the
 finances of all campuses and leverage each campus's strengths to improve
 its  long-term  success.  The city university of New York trustees shall
 S. 4006--C                         44                         A. 3006--C
 
 submit such plan to the governor, the temporary president of the senate,
 and the speaker of the assembly on or before January 1, 2024.
   § 2. This act shall take effect immediately.
 
                                  PART BB
 
   Section  1.  Paragraph  (c)  of  subdivision 5 of section 409-a of the
 social services law, as amended by chapter 624 of the laws of  2019,  is
 amended to read as follows:
   (c)  Notwithstanding  any  other  provision  of  this section, where a
 social services official determines that a lack of adequate  housing  is
 the  primary factor preventing the discharge of a child or children from
 foster care including, but not limited to, children  with  the  goal  of
 discharge  to  independent living, preventive services shall include, in
 addition to any other payments  or  benefits  received  by  the  family,
 special  cash  grants  in  the  form  of  rent subsidies, including rent
 arrears, or any other assistance, sufficient to obtain adequate housing.
 Such rent subsidies or assistance shall not exceed the  sum  of  [three]
 SEVEN hundred TWENTY-FIVE dollars per month, shall not be provided for a
 period  of  more  than  three  years,  and shall be considered a special
 grant. Nothing in this paragraph shall be construed to limit the ability
 of those using such rent subsidy to live with roommates. The  provisions
 of  this  paragraph  shall  not  be  construed  to limit such official's
 authority to provide other preventive services.
   § 2. Subdivision 7 of section 409-a of the  social  services  law,  as
 amended  by  chapter  624  of  the  laws  of 2019, is amended to read as
 follows:
   7. Notwithstanding any other provision of this section,  if  a  social
 services official determines that a lack of adequate housing is a factor
 that may cause the entry of a child or children into foster care and the
 family  has  at least one service need other than lack of adequate hous-
 ing, preventive services may include, in addition to any other  payments
 or  benefits  received by the family, special cash grants in the form of
 rent subsidies, including rent arrears, or any other assistance,  suffi-
 cient  to  obtain  adequate  housing.  Such rent subsidies or assistance
 shall not exceed the sum of [three] SEVEN  hundred  TWENTY-FIVE  dollars
 per  month, shall not be provided for a period of more than three years,
 and shall be considered a special grant.  Nothing  in  this  subdivision
 shall be construed to limit the ability of those using such rent subsidy
 to  live  with  roommates. The provisions of this paragraph shall not be
 construed to limit such official's authority to provide other preventive
 services.
   § 3. This act shall take effect January 1, 2024.
 
                                  PART CC
 
   Section 1. Section 33 of chapter 277 of the laws of 2021 amending  the
 labor  law  relating  to  the calculation of weekly employment insurance
 benefits for workers who are partially unemployed, as amended by section
 1 of part JJ of chapter 56 of the laws of 2022, is amended  to  read  as
 follows:
   §  33.  This act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that sections one  through  thirty
 of  this act shall take effect on THE FIRST MONDAY AFTER April 1, [2023]
 2024 or thirty days after the commissioner of labor certifies  that  the
 department  of  labor  has  an  information technology system capable of
 S. 4006--C                         45                         A. 3006--C
 
 accommodating the amendments in this act, whichever occurs earlier,  AND
 SHALL  BE  APPLICABLE  TO  ALL CLAIMS FILED AND PAYMENTS MADE AFTER SUCH
 DATE; provided that section thirty-one of this act shall take effect  on
 the thirtieth day after it shall have become a law and shall be applica-
 ble  to  new  claims  on  such  date  and thereafter and shall be deemed
 repealed on the same date as the remaining provisions of this  act  take
 effect.  In a manner consistent with the provisions of this section, the
 commissioner of labor shall notify the legislative bill drafting commis-
 sion  upon issuing his or her certification 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 effecting
 the provisions of section 44 of the legislative law and section 70-b  of
 the  public  officers  law,  and provided further that the amendments to
 subdivision 1 of section 591 of the labor law made by section twelve  of
 this act shall be subject to the expiration and reversion of such subdi-
 vision  pursuant  to  section  10 of chapter 413 of the laws of 2003, as
 amended, when upon such date the provisions of section thirteen of  this
 act  shall  take effect; provided further that the amendments to section
 591-a of the labor law made by section fifteen of  this  act  shall  not
 affect  the  repeal  of such section and shall be deemed repealed there-
 with.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2023.
 
                                  PART DD
 
   Section  1.  Section  410-w  of  the social services law is amended by
 adding a new subdivision 3-a to read as follows:
   3-A. A LOCAL SOCIAL SERVICES DISTRICT MAY, UPON  NOTIFICATION  TO  THE
 OFFICE, UTILIZE A PRESUMPTIVE ELIGIBILITY STANDARD TO PROVIDE CHILD CARE
 ASSISTANCE,  IN ACCORDANCE WITH THIS SUBDIVISION. THE OFFICE OF CHILDREN
 AND FAMILY SERVICES  SHALL  ISSUE  GUIDANCE  REGARDING  THE  PRELIMINARY
 ELIGIBILITY  CRITERIA  TO  BE  USED  BY  LOCAL SOCIAL SERVICES DISTRICTS
 UTILIZING A PRESUMPTIVE ELIGIBILITY STANDARD.
   (A) A LOCAL SOCIAL SERVICES DISTRICT OPTING TO UTILIZE  A  PRESUMPTIVE
 ELIGIBILITY  STANDARD,  SHALL,  UPON RECEIPT OF AN APPLICATION FOR CHILD
 CARE ASSISTANCE, INCLUDING ALL COMPLETED DOCUMENTATION REQUIRED  BY  THE
 DISTRICT, COMPLETE A PRELIMINARY ELIGIBILITY DETERMINATION.
   (B)  IF  THE  FAMILY  MEETS  THE PRELIMINARY ELIGIBILITY CRITERIA, THE
 FAMILY SHALL BE PRESUMED ELIGIBLE FOR  CHILD  CARE  ASSISTANCE  FOR  THE
 PERIOD  FROM THE DATE OF THE APPLICATION TO THE DATE OF THE FINAL ELIGI-
 BILITY DETERMINATION.
   (C) IF, UPON FINAL DETERMINATION, A FAMILY IS DETERMINED TO BE  ELIGI-
 BLE  FOR  CHILD  CARE  ASSISTANCE  UNDER SUBDIVISION ONE OR FOUR OF THIS
 SECTION, THE SOCIAL SERVICES DISTRICT MAY UTILIZE CHILD CARE BLOCK GRANT
 FUNDS FOR THE PRESUMPTIVE ELIGIBILITY PERIOD.
   (D) IF, UPON FINAL DETERMINATION, A FAMILY IS DETERMINED TO BE  INELI-
 GIBLE  FOR  CHILD  CARE ASSISTANCE UNDER SUBDIVISION ONE OR FOUR OF THIS
 SECTION, THE SOCIAL SERVICES DISTRICT MUST UTILIZE LOCAL FUNDS  FOR  THE
 PRESUMPTIVE ELIGIBILITY PERIOD.
   (E)  IF,  UPON  FINAL  DETERMINATION,  THE  APPLICATION FOR CHILD CARE
 SERVICES IS DENIED, THE SOCIAL  SERVICES  DISTRICT  SHALL  SEND  WRITTEN
 NOTICE TO THE APPLICANT OF THE DETERMINATION OF INELIGIBILITY AND OF THE
 APPLICANT'S  RIGHT  TO A FAIR HEARING IN ACCORDANCE WITH THE REGULATIONS
 OF THE OFFICE.
 S. 4006--C                         46                         A. 3006--C
 
   § 2. This act shall take effect one year after it shall have become  a
 law.

                                  PART EE
 
   Section 1. Paragraph b of subdivision 1 and subparagraph (ii) of para-
 graph  b  of  subdivision 2 of section 667-c of the education law, para-
 graph b of subdivision 1 as amended and subparagraph (ii) of paragraph b
 of subdivision 2 as added by section 1 of part E of chapter  56  of  the
 laws of 2022, are amended to read as follows:
   b.  part-time  students  enrolled  at  a community college OR A PUBLIC
 AGRICULTURAL AND TECHNICAL COLLEGE in a non-degree workforce  credential
 program  directly  leading to the employment or advancement of a student
 in a "significant industry" as identified by the department of labor  in
 its three most recent statewide significant industries reports published
 preceding  the student's enrollment in such non-degree workforce creden-
 tial program. The state university of New York and the  city  university
 of  New  York  shall  publish and maintain a master list of all eligible
 non-degree workforce credential program courses  and  update  such  list
 every  semester. ELIGIBLE NON-DEGREE WORKFORCE CREDENTIAL PROGRAMS SHALL
 INCLUDE THOSE PROGRAMS LESS THAN TWELVE SEMESTER HOURS,  OR  THE  EQUIV-
 ALENT,  PER  SEMESTER. A student who successfully completes a non-degree
 workforce credential program and receives part-time  tuition  assistance
 program  awards  pursuant  to  this  paragraph shall be awarded academic
 credit by the state university of New York or  city  university  of  New
 York  upon  matriculation  into  a  degree  program at such institution,
 provided that such credit shall be equal  to  the  corresponding  credit
 hours earned in the non-degree workforce credential program.
   (ii)  is  enrolled  in  an  approved  non-degree  workforce credential
 program at a community college OR A PUBLIC  AGRICULTURAL  AND  TECHNICAL
 COLLEGE pursuant to paragraph b of subdivision one of this section.
   § 2. This act shall take effect immediately.
 
                                  PART FF
 
   Section 1. The department of economic development, in conjunction with
 the  empire  state development corporation, the department of education,
 the office of parks, recreation and historic preservation,  the  depart-
 ment of environmental conservation, the department of state, and the New
 York  state council on the arts, is hereby directed to conduct a compre-
 hensive study on public and private museums in  the  state.  Such  study
 shall include, but not be limited to:
   1. taking a census of public and private museums in the state, includ-
 ing  information  on  the  size, hours of operation, visitor statistics,
 funding  sources  and  amounts,  and  the  subjects  of   the   museums'
 collections, of the many museums throughout the state.
   2.  identifying  the  benefits,  shortfalls  and  consequences  of the
 different sources of support museums receive  publicly  and  those  they
 must find privately.
   3.  providing  information  and  recommendations  so  as to inform the
 legislature of the adequacy of public and private sources of the funding
 for museums in the state and to serve current and future funding  needs,
 recommend  systems  of  support to best ensure equitable distribution of
 such funds, regardless of discipline, budget size, or location, and  the
 continued  accessibility and availability of museums promoting a general
 interest in cultural and historical  topics,  fine  arts,  physical  and
 S. 4006--C                         47                         A. 3006--C
 
 natural sciences, technology, engineering and mathematics, and to deter-
 mine  the  feasibility of a single reporting system that includes active
 oversight.
   §  2. A report of the findings of such study, recommendations, and any
 proposed legislation necessary to implement such  recommendations  shall
 be  filed  with the governor, the temporary president of the senate, and
 the speaker of the assembly within one year after the effective date  of
 this act.
   § 3. This act shall take effect immediately.
 
                                  PART GG
 
   Section 1. Section 722-b of the county law, as amended by section 2 of
 part J of chapter 62 of the laws of 2003, is amended to read as follows:
   §  722-b.  Compensation  and  reimbursement for representation. 1. All
 counsel assigned in accordance with a plan of a bar association conform-
 ing to the requirements of section  seven  hundred  twenty-two  of  this
 article  whereby the services of private counsel are rotated and coordi-
 nated by an administrator shall at the conclusion of the  representation
 receive[:
   (a)  for  representation of a person entitled to representation by law
 who is initially charged with a misdemeanor or  lesser  offense  and  no
 felony,  compensation  for  such misdemeanor or lesser offense represen-
 tation at a rate of sixty dollars per hour for time expended in court or
 before a magistrate, judge or justice, and sixty dollars  per  hour  for
 time  reasonably  expended out of court, and shall receive reimbursement
 for expenses reasonably incurred; and
   (b)] for representation of a person in all [other] cases  governed  by
 this  article,  including  all  representation  in  an  appellate court,
 compensation at a rate of [seventy-five] ONE HUNDRED FIFTY-EIGHT dollars
 per hour for time expended  in  court  before  a  magistrate,  judge  or
 justice  and [seventy-five] ONE HUNDRED FIFTY-EIGHT dollars per hour for
 time reasonably expended out of court, and shall  receive  reimbursement
 for expenses reasonably incurred.
   2.  Except  as  provided in SUBDIVISION THREE OF this section, compen-
 sation for time expended in providing representation[:
   (a)] pursuant to [paragraph (a) of] subdivision one  of  this  section
 shall not exceed [two] TEN thousand [four hundred] dollars[; and
   (b) pursuant to paragraph (b) of subdivision one of this section shall
 not exceed four thousand four hundred dollars].
   3.  For  representation  on  an appeal, compensation and reimbursement
 shall be fixed by the appellate court.  For  all  other  representation,
 compensation  and reimbursement shall be fixed by the trial court judge.
 In extraordinary circumstances a trial or appellate  court  may  provide
 for  compensation  in  excess of the foregoing limits and for payment of
 compensation and reimbursement for expenses before the completion of the
 representation.
   4. Each claim for compensation and reimbursement shall be supported by
 a sworn statement  specifying  the  time  expended,  services  rendered,
 expenses  incurred  and  reimbursement  or  compensation  applied for or
 received in the same case from any other  source.  No  counsel  assigned
 hereunder  shall  seek  or accept any fee for representing the party for
 whom he or she is assigned without  approval  of  the  court  as  herein
 provided.
   §  2. Section 722-c of the county law, as amended by section 3 of part
 J of chapter 62 of the laws of 2003, is amended to read as follows:
 S. 4006--C                         48                         A. 3006--C
 
   § 722-c. Services other than counsel. Upon a finding in  an  ex  parte
 proceeding  that  investigative,  expert or other services are necessary
 and that the defendant or other person described in section two  hundred
 forty-nine  or  section  two  hundred sixty-two of the family court act,
 article six-C of the correction law or section four hundred seven of the
 surrogate's  court  procedure act, is financially unable to obtain them,
 the court shall authorize counsel, whether or not assigned in accordance
 with a plan, to obtain the services on behalf of the defendant  or  such
 other person. The court upon a finding that timely procurement of neces-
 sary  services  could  not  await  prior authorization may authorize the
 services nunc pro tunc. The court  shall  determine  reasonable  compen-
 sation  for  the  services and direct payment to the person who rendered
 them or to the person entitled to reimbursement. Only  in  extraordinary
 circumstances  may the court provide for compensation in excess of [one]
 THREE thousand  dollars  per  investigative,  expert  or  other  service
 provider.
   Each  claim  for  compensation shall be supported by a sworn statement
 specifying the time expended, services rendered, expenses  incurred  and
 reimbursement  or  compensation applied for or received in the same case
 from any other source.
   § 3. Subdivisions 3 and 4 of section 35 of the judiciary law, subdivi-
 sion 3 as amended by section 5 of part J of chapter 62 of  the  laws  of
 2003,  and  subdivision  4 as amended by chapter 706 of the laws of 1975
 and as renumbered by chapter 315 of the laws of  1985,  are  amended  to
 read as follows:
   3.  A.  No  counsel  assigned  pursuant  to this section shall seek or
 accept any fee for representing  the  person  for  whom  he  or  she  is
 assigned  without  approval of the court as herein provided. Whenever it
 appears that such person is financially able to obtain counsel  or  make
 partial  payment for the representation, counsel may report this fact to
 the court and the  court  may  terminate  the  assignment  or  authorize
 payment, as the interests of justice may dictate, to such counsel. Coun-
 sel  assigned  hereunder  shall  at the conclusion of the representation
 receive compensation at a rate of [seventy-five] ONE HUNDRED FIFTY-EIGHT
 dollars per hour for time expended  in  court,  and  [seventy-five]  ONE
 HUNDRED FIFTY-EIGHT dollars per hour for time reasonably expended out of
 court, and shall receive reimbursement for expenses reasonably incurred.
   B.  For  representation upon a hearing, compensation and reimbursement
 shall be fixed by the court  wherein  the  hearing  was  held  and  such
 compensation  shall  not  exceed  [four]  TEN  thousand  [four  hundred]
 dollars. For representation in  an  appellate  court,  compensation  and
 reimbursement  shall  be fixed by such court and such compensation shall
 not exceed [four] TEN thousand [four hundred] dollars. In  extraordinary
 circumstances  the  court  may provide for compensation in excess of the
 foregoing limits.
   4. In any proceeding described in paragraph [(a)] A of subdivision one
 of this section, when a person is alleged to be mentally  ill,  mentally
 defective  or a narcotic addict, the court which ordered the hearing may
 appoint no more  than  two  psychiatrists,  certified  psychologists  or
 physicians  to  examine and testify at the hearing upon the condition of
 such person. A psychiatrist,  psychologist  or  physician  so  appointed
 shall,  upon  completion  of [his] THEIR services, receive reimbursement
 for expenses reasonably incurred and reasonable  compensation  for  such
 services,  to  be fixed by the court. Such compensation shall not exceed
 [two hundred] THREE THOUSAND dollars [if one psychiatrist,  psychologist
 or  physician is appointed, or an aggregate sum of three hundred dollars
 S. 4006--C                         49                         A. 3006--C

 if two psychiatrists, psychologists or physicians are appointed], except
 that in extraordinary circumstances the court may  provide  for  compen-
 sation in excess of the foregoing limits.
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023. Effective
 immediately, the addition, amendment, and/or repeal of any rule or regu-
 lation 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 HH
 
   Section  1.  Paragraph 1 of subsection (c-1) of section 606 of the tax
 law, as amended by section 1 of part P of chapter  59  of  the  laws  of
 2018, is amended to read as follows:
   (1)  A  resident taxpayer shall be allowed a credit as provided herein
 equal to the greater of one hundred dollars times the number of qualify-
 ing children of the taxpayer or the applicable percentage of  the  child
 tax  credit allowed the taxpayer under section twenty-four of the inter-
 nal revenue code for the same taxable year for  each  qualifying  child.
 Provided,  however,  in  the  case  of a taxpayer whose federal adjusted
 gross income exceeds  the  applicable  threshold  amount  set  forth  by
 section  24(b)(2) of the Internal Revenue Code, the credit shall only be
 equal to the applicable percentage of the child tax credit  allowed  the
 taxpayer under section 24 of the Internal Revenue Code for each qualify-
 ing child. For the purposes of this subsection, a qualifying child shall
 be  a  child  who  meets the definition of qualified child under section
 24(c) of the internal revenue code [and is at least four years of  age].
 The applicable percentage shall be thirty-three percent. For purposes of
 this  subsection,  any  reference  to section 24 of the Internal Revenue
 Code shall be a reference to such  section  as  it  existed  immediately
 prior to the enactment of Public Law 115-97.
   § 2. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2023.
 
                                  PART II
 
   Section  1.  Subdivisions 2, 5 and 6 of section 352-a of the education
 law, as added by section 1 of part F of chapter 83 of the laws of  2002,
 are amended to read as follows:
   2.  (a) Maritime college shall have a total of two hundred eighty-four
 vacancy positions set aside for applicants  who  are  nominated  by  the
 governor,  a  state  senator  or  a member of the assembly. Such vacancy
 nominations shall increase or decrease based upon the number  of  senate
 districts  authorized  pursuant  to  article three of the New York state
 constitution. An applicant who receives such a nomination,  is  accepted
 for  admission  into  the  college  and  participates  in the regimental
 program shall receive a [tuition] scholarship equal to the amount of the
 state tuition charge after the deduction of any available grant aid  for
 the  four  consecutive  years  following  his  or her admission into the
 program  provided,  however,   that   the   student   remains   in   the
 regimental/cadet degree program and remains at all times in good academ-
 ic standing as determined by the maritime college administration.  In no
 event shall a student lose his or her scholarship based upon legislative
 reapportionment  or  changes  in  legislative composition or membership.
 S. 4006--C                         50                         A. 3006--C

 Nothing herein shall be construed to  limit  or  reduce  the  number  of
 vacancies available to the general population.
   (b)  To  be eligible to receive such nomination and [tuition] scholar-
 ship, the applicant must be a resident of the  state.  For  purposes  of
 this  section,  a  state  resident  shall be defined as a person who has
 resided in the state of New York for a period of at least one year prior
 to the time of nomination, is a graduate or within one  year  of  gradu-
 ation from an approved high school or has attained a New York state high
 school  equivalency  diploma  or  its  equivalent  as  determined by the
 commissioner.
   5. The [tuition] scholarships authorized by this section shall be made
 available so long as funds are made available for such purposes.
   6. Any individual receiving a [tuition] scholarship pursuant  to  this
 section  shall  apply  for  all other available state, federal, or other
 educational grant aid at the time of enrollment. Any grant aid or finan-
 cial assistance received shall be utilized to offset the cost of tuition
 AND THE "SUMMER SEA TERM" to the maximum extent  possible,  except  that
 nothing  shall require that aid or assistance received which may be used
 towards costs other than that of tuition shall  be  applied  toward  the
 cost of tuition.
   § 2. This act shall take effect immediately.
 
                                  PART JJ
 
   Section  1.  The  racing,  pari-mutuel  wagering  and  breeding law is
 amended by adding a new section 502-a to read as follows:
   § 502-A. SPECIAL PROVISIONS WITH REGARD TO THE WESTERN  REGIONAL  OFF-
 TRACK BETTING CORPORATION. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISION
 OF  THIS ARTICLE, ON THE EFFECTIVE DATE OF THIS SECTION THE APPOINTMENTS
 OF ALL MEMBERS OF THE WESTERN  REGIONAL  OFF-TRACK  BETTING  CORPORATION
 APPOINTED  PRIOR TO THE EFFECTIVE DATE OF THIS SECTION ARE DEEMED TERMI-
 NATED, AND EACH SUCH VACANT BOARD POSITION SHALL BE  REPLACED  WITH  THE
 NEW APPOINTMENTS MADE PURSUANT TO THIS SECTION.
   2.  THE WESTERN REGIONAL OFF-TRACK BETTING CORPORATION BOARD OF DIREC-
 TORS SHALL BE COMPOSED OF SEVENTEEN MEMBERS, ONE EACH TO REPRESENT  EACH
 PARTICIPATING  COUNTY  WITHIN  THE WESTERN OFF-TRACK BETTING REGION, AND
 ONE EACH TO REPRESENT THE CITY OF ROCHESTER AND  THE  CITY  OF  BUFFALO.
 EACH  CITY  REPRESENTATIVE  SHALL  BE APPOINTED BY THE MAYOR OF THE CITY
 SUCH  MEMBER  REPRESENTS,  AND  EACH  COUNTY  REPRESENTATIVE  SHALL   BE
 APPOINTED  BY THE COUNTY EXECUTIVE OF THE COUNTY SUCH MEMBER REPRESENTS;
 PROVIDED HOWEVER, IN THE CASE OF A COUNTY THAT DOES NOT  HAVE  A  COUNTY
 EXECUTIVE,  SUCH  COUNTY'S BOARD OF SUPERVISORS SHALL APPOINT SUCH COUN-
 TY'S REPRESENTATIVE.
   3.  NO ACTION SHALL BE TAKEN BY THE CORPORATION EXCEPT PURSUANT TO THE
 FAVORABLE VOTE OF FIFTY-ONE  PERCENT  OF  THE  TOTAL  AUTHORIZED  VOTING
 STRENGTH OF THE BOARD OF DIRECTORS. THE TOTAL AUTHORIZED VOTING STRENGTH
 OF  THE BOARD OF DIRECTORS SHALL BE THE SUM TOTAL OF THE VOTES SPECIFIED
 IN SUBDIVISIONS FOUR AND SEVEN OF THIS SECTION.
   4. THE REPRESENTATIVES OF  EACH  OF  THE  PARTICIPATING  COUNTIES  AND
 CITIES SHALL EACH HAVE THE FOLLOWING NUMBER OF VOTES: THE REPRESENTATIVE
 OF  THE  COUNTY OF NIAGARA SHALL HAVE EIGHT VOTES, THE REPRESENTATIVE OF
 THE COUNTY OF CHAUTAUQUA SHALL HAVE FIVE VOTES,  THE  REPRESENTATIVE  OF
 THE  COUNTY  OF  OSWEGO SHALL HAVE FOUR VOTES, THE REPRESENTATIVE OF THE
 COUNTY OF STEUBEN SHALL HAVE THREE  VOTES,  THE  REPRESENTATIVE  OF  THE
 COUNTY OF WAYNE SHALL HAVE THREE VOTES, THE REPRESENTATIVE OF THE COUNTY
 OF  CATTARAUGUS SHALL HAVE THREE VOTES, THE REPRESENTATIVE OF THE COUNTY
 S. 4006--C                         51                         A. 3006--C
 
 OF CAYUGA SHALL HAVE THREE VOTES, THE REPRESENTATIVE OF  THE  COUNTY  OF
 LIVINGSTON  SHALL  HAVE  TWO  VOTES, THE REPRESENTATIVE OF THE COUNTY OF
 GENESEE SHALL HAVE TWO VOTES, THE REPRESENTATIVE OF THE COUNTY OF  WYOM-
 ING  SHALL  HAVE  ONE  VOTE, THE REPRESENTATIVE OF THE COUNTY OF ORLEANS
 SHALL HAVE ONE VOTE, THE REPRESENTATIVE OF THE COUNTY  OF  SENECA  SHALL
 HAVE  ONE  VOTE, THE REPRESENTATIVE OF THE COUNTY OF SCHUYLER SHALL HAVE
 ONE VOTE, THE REPRESENTATIVE OF THE COUNTY OF ERIE  SHALL  HAVE  TWENTY-
 FOUR VOTES, THE REPRESENTATIVE OF THE COUNTY OF MONROE SHALL HAVE TWENTY
 VOTES,  THE  REPRESENTATIVE OF THE CITY OF BUFFALO SHALL HAVE TEN VOTES,
 AND THE REPRESENTATIVE OF THE CITY OF ROCHESTER SHALL HAVE EIGHT VOTES.
   5. EACH MEMBER OF THE CORPORATION APPOINTED PURSUANT TO  THIS  SECTION
 SHALL  BE  APPOINTED  FOR A TERM OF FOUR YEARS; PROVIDED HOWEVER, THAT A
 MEMBER'S TERM SHALL NOT BE TERMINATED EXCEPT FOR GOOD CAUSE SHOWN.
   6. MEMBERS REPRESENTING A MAJORITY OF THE TOTAL VOTING STRENGTH OF THE
 BOARD OF DIRECTORS THEN IN OFFICE SHALL  CONSTITUTE  A  QUORUM  FOR  THE
 TRANSACTION  OF  ANY BUSINESS OR THE EXERCISE OF ANY POWER OF THE CORPO-
 RATION. EXCEPT AS OTHERWISE SPECIFIED IN THIS SECTION,  FOR  THE  TRANS-
 ACTION  OF ANY BUSINESS OR THE EXERCISE OF ANY POWER OF THE CORPORATION,
 THE CORPORATION SHALL HAVE THE POWER TO ACT BY A MAJORITY  VOTE  OF  THE
 TOTAL  VOTING  STRENGTH  PRESENT  AT ANY MEETING AT WHICH A QUORUM IS IN
 ATTENDANCE.
   7. THE MEMBERS OF THE  BOARD  OF  DIRECTORS  SHALL  ELECT  FROM  THEIR
 MEMBERSHIP, BY A MAJORITY VOTE OF THE TOTAL VOTING STRENGTH OF THE BOARD
 OF DIRECTORS, A CHAIRPERSON. SUCH CHAIRPERSON SHALL SERVE AS CHAIRPERSON
 FOR  THE DURATION OF THEIR TERM ON THE BOARD OF DIRECTORS, OR UNTIL SUCH
 CHAIRPERSON'S RESIGNATION OR UPON REMOVAL BY  A  MAJORITY  VOTE  OF  THE
 TOTAL  VOTING  STRENGTH  OF  THE BOARD OF DIRECTORS. IN ADDITION TO SUCH
 CHAIRPERSON'S VOTING STRENGTH POSSESSED BY VIRTUE OF SUCH  CHAIRPERSON'S
 REPRESENTATION  OF  A  MUNICIPALITY WHICH IS A MEMBER OF THE BOARD, SUCH
 CHAIRPERSON SHALL ALSO HAVE ONE ADDITIONAL VOTE.
   § 2. This act shall take effect immediately; provided,  however,  that
 effective immediately, cities and counties may take any action necessary
 to  begin  the  selection  and  appointment process for new board member
 terms pursuant to this act; and provided further, that upon selection of
 new board members, cities and counties shall notify the  corporation  of
 their  respective appointments via certified mail; and provided further,
 that this act shall expire and be deemed repealed four years after  such
 effective date.
 
                                  PART KK
 
   Section  1.  The  state  shall  make  available an amount equal to the
 $500,000,000 appropriated by a chapter of the laws of 2023 enacting  the
 fiscal  year  2023-2024  state  operations  budget  for  state  matching
 contributions to the endowments of the four university  centers  of  the
 state  university of New York as defined in section 352 of the education
 law. Such matching contributions  shall  provide  one  dollar  of  state
 matching  funds  for every two dollars of new private donations contrib-
 uted to the endowments of the foundations of the university  centers  at
 Albany, Binghamton, Buffalo, and Stony Brook, not to exceed $500,000,000
 in total state matching contributions.
   § 2. Payment of such state matching contributions shall be pursuant to
 a plan developed by the state university of New York and approved by the
 director of the budget. Such plan at a minimum shall: (i) require annual
 reporting  on  the  allocation  of  state  matching contributions and an
 accounting of private donations to  the  university  center  foundations
 S. 4006--C                         52                         A. 3006--C
 
 secured  for  state  matching  contributions;  (ii)  require use of such
 matching contributions to support the  employment  of  faculty  members,
 student  financial  aid, grants for research and development, and/or any
 other  program  or  function that supports university center operations;
 and (iii) align with student needs, programmatic needs, and the diversi-
 ty, equity, and inclusion activities of  the  state  university  of  New
 York.
   §  3.  As  a condition of eligibility for such state matching contrib-
 utions, each university center foundation shall be required  to  have  a
 contract with its respective university center that provides, at a mini-
 mum,  the services the foundation will provide to the university center,
 with such contract being subject to audit by the  state  comptroller  to
 the extent permitted by the state finance law.
   §  4. Each university center of the state university of New York shall
 be  eligible  for  state  matching  contributions  of   no   less   than
 $25,000,000.
   §  5. Each university center of the state university of New York shall
 be  eligible  for  state  matching  contributions  of   no   more   than
 $200,000,000.
   §  6.  This act shall take effect immediately, provided, however, that
 section five of this act shall expire and be deemed  repealed  April  1,
 2026.
 
                                  PART LL
 
   Section 1. Subparagraph (ii) of paragraph (a), paragraph (b), subpara-
 graphs  (i), (ii), (iii) and (v) of paragraph (c), paragraph (e) and the
 opening paragraph and subparagraphs (i) and (ii)  of  paragraph  (f)  of
 subdivision  6  of  section  3502 of the public health law, subparagraph
 (ii) of paragraph (a), paragraph (b), subparagraphs (i), (iii)  and  (v)
 of  paragraph  (c), paragraph (e) and the opening paragraph of paragraph
 (f) as added by chapter 313 of the laws of 2018,  subparagraph  (ii)  of
 paragraph  (c),  and  subparagraphs  (i)  and  (ii)  of paragraph (f) as
 amended by chapter 486 of the laws of  2022,  are  amended  to  read  as
 follows:
   (ii)  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION OR ANY OTHER
 PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY,  LICENSED  PRACTI-
 TIONERS,  PERSONS  LICENSED  UNDER THIS ARTICLE AND UNLICENSED PERSONNEL
 EMPLOYED AT A STATE CORRECTIONAL FACILITY MAY, IN A MANNER PERMITTED  BY
 THE  REGULATIONS  PROMULGATED PURSUANT TO THIS SUBDIVISION, UTILIZE BODY
 IMAGING SCANNING EQUIPMENT THAT APPLIES IONIZING RADIATION TO HUMANS FOR
 PURPOSES OF SCREENING INDIVIDUALS DETAINED IN, COMMITTED  TO,  VISITING,
 OR  EMPLOYED  IN SUCH FACILITY, IN CONNECTION WITH THE IMPLEMENTATION OF
 SUCH FACILITY'S SECURITY PROGRAM.
   (III) The utilization of such body imaging scanning equipment shall be
 in accordance with regulations promulgated by  the  department,  or  FOR
 LOCAL  CORRECTIONAL  FACILITIES  in  cities  having  a population of two
 million or more, such utilization shall  be  in  accordance  with  regu-
 lations promulgated by the New York city department of health and mental
 hygiene.  THE  STATE  COMMISSION OF CORRECTION, IN CONSULTATION WITH THE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION,  SHALL  PROMULGATE
 REGULATIONS  ESTABLISHING  WHEN  BODY IMAGING SCANNING EQUIPMENT WILL BE
 USED TO SCREEN VISITORS AND INCARCERATED INDIVIDUALS  IN  STATE  CORREC-
 TIONAL  FACILITIES. SUCH REGULATIONS SHALL INCLUDE PROVISIONS ESTABLISH-
 ING THAT ALTERNATIVE METHODS OF SCREENING MAY  BE  USED  TO  ACCOMMODATE
 INDIVIDUALS  WHO  DECLINE  OR  ARE UNABLE TO BE SCREENED BY BODY IMAGING
 S. 4006--C                         53                         A. 3006--C
 
 SCANNING EQUIPMENT FOR MEDICAL REASONS AND THAT ALTERNATIVE  METHODS  OF
 SCREENING  MAY  BE  USED  TO  ACCOMMODATE  INDIVIDUALS WHO DECLINE TO BE
 SCREENED FOR  OTHER  REASONS,  UNLESS  SECURITY  CONSIDERATIONS  WARRANT
 OTHERWISE.  SUCH  REGULATIONS  SHALL ALSO ENSURE THAT NO PERSON SHALL BE
 SUBJECTED TO ANY  FORM  OF  HARASSMENT,  INTIMIDATION,  OR  DISCIPLINARY
 ACTION FOR CHOOSING TO BE SEARCHED BY AN ALTERNATIVE METHOD OF SCREENING
 IN LIEU OF BODY IMAGING SCANNING.
   THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SHALL PROMUL-
 GATE REGULATIONS ESTABLISHING WHEN BODY IMAGING SCANNING EQUIPMENT  WILL
 BE  USED TO SCREEN EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS AND COMMU-
 NITY SUPERVISION, PROVIDED,  HOWEVER  THAT  SUCH  REGULATIONS  SHALL  BE
 CONSISTENT  WITH  THE  POLICIES  AND  PROCEDURES  OF  THE  DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION GOVERNING THE SEARCH OF EMPLOYEES.
 SUCH REGULATIONS SHALL INCLUDE PROVISIONS ESTABLISHING THAT  ALTERNATIVE
 METHODS  OF SCREENING MAY BE USED TO ACCOMMODATE INDIVIDUALS WHO DECLINE
 OR ARE UNABLE TO BE SCREENED BY  BODY  IMAGING  SCANNING  EQUIPMENT  FOR
 MEDICAL  OR  OTHER  REASONS.  SUCH REGULATIONS SHALL ALSO ENSURE THAT NO
 PERSON SHALL BE SUBJECTED TO ANY FORM OF  HARASSMENT,  INTIMIDATION,  OR
 DISCIPLINARY ACTION FOR CHOOSING TO BE SEARCHED BY AN ALTERNATIVE METHOD
 OF  SCREENING IN LIEU OF BODY IMAGING SCANNING. AN EMPLOYEE'S REQUEST TO
 BE SEARCHED BY AN ALTERNATIVE METHOD OF SCREENING IN LIEU OF BODY  IMAG-
 ING  SCANNING  SHALL  NOT, IN ITSELF, BE GROUNDS FOR DISCIPLINARY ACTION
 AGAINST SUCH EMPLOYEE.
   (b) Prior to establishing, maintaining or  operating  in  a  STATE  OR
 local  correctional  facility,  any body imaging scanning equipment, the
 chief administrative officer of the  facility  shall  ensure  that  such
 facility  is  in compliance with the regulations promulgated pursuant to
 this subdivision and otherwise applicable requirements for the installa-
 tion, registration, maintenance, operation and inspection of body  imag-
 ing scanning equipment.
   (i) A requirement that prior to operating body imaging scanning equip-
 ment,  unlicensed  personnel  employed  at  STATE  OR local correctional
 facilities shall have successfully completed a training course  approved
 by the department, or FOR LOCAL CORRECTIONAL FACILITIES in cities of two
 million  or more, approved by the New York city department of health and
 mental hygiene, and that such personnel receive additional  training  on
 an annual basis;
   (ii) Limitations on exposure which shall be no more than fifty percent
 of  the annual exposure limits for non-radiation workers as specified by
 applicable regulations, except that [incarcerated] individuals under the
 age of eighteen shall not be subject to more than five percent  of  such
 annual  exposure limits, and pregnant women shall not be subject to such
 scanning at any time. Procedures for identifying pregnant women shall be
 set forth in the regulations;
   (iii) Registration with the department of each body  imaging  scanning
 machine  purchased or installed at a STATE OR local correctional facili-
 ty;
   (v) A requirement that records be kept  regarding  each  use  of  body
 imaging scanning equipment by the STATE OR local correctional facility.
   (e) For the purposes of this subdivision[,]:
   (I)  "[local] LOCAL correctional facility" shall have the same meaning
 as found in subdivision sixteen of section two of the correction law.
   (II) "STATE CORRECTIONAL FACILITY" SHALL MEAN A "CORRECTIONAL  FACILI-
 TY" AS DEFINED IN SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW.
   Any local government agency that utilizes body imaging scanning equip-
 ment  in  a  local  correctional  facility  under its jurisdiction shall
 S. 4006--C                         54                         A. 3006--C
 
 submit an annual report to the department, the speaker of the  assembly,
 and  the  temporary  president of the senate.   IF BODY IMAGING SCANNING
 EQUIPMENT IS UTILIZED IN ONE OR MORE STATE CORRECTIONAL FACILITIES,  THE
 DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION SHALL SUBMIT AN
 ANNUAL REPORT TO THE DEPARTMENT, THE SPEAKER OF THE  ASSEMBLY,  AND  THE
 TEMPORARY  PRESIDENT  OF  THE  SENATE.  Such  report BY EITHER THE LOCAL
 GOVERNMENT AGENCY OR THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPER-
 VISION  shall be submitted within eighteen months after the initial date
 of registration of such equipment  with  the  department,  and  annually
 thereafter,  and shall contain the following information as to each such
 facility:
   (i) FOR LOCAL CORRECTIONAL FACILITIES, the number of times the  equip-
 ment was used on incarcerated individuals upon intake, after visits, and
 upon  the suspicion of contraband, as well as any other event that trig-
 gers the use of such equipment[;
   (ii)], AND the average, median, and highest number of times the equip-
 ment was used on any incarcerated individual, with  corresponding  expo-
 sure levels; AND
   (II) FOR STATE CORRECTIONAL FACILITIES, THE NUMBER OF TIMES THE EQUIP-
 MENT  WAS  USED ON INDIVIDUALS DETAINED IN, COMMITTED TO, WORKING IN, OR
 VISITING THE FACILITY UPON INTAKE, BEFORE WORK SHIFT, AFTER WORK  SHIFT,
 BEFORE  VISITS,  AFTER  VISITS, AND UPON THE SUSPICION OF CONTRABAND, AS
 WELL AS ANY OTHER EVENT THAT TRIGGERS THE USE OF SUCH EQUIPMENT, AND THE
 AVERAGE, MEDIAN, AND HIGHEST NUMBER OF TIMES THE EQUIPMENT WAS  USED  ON
 ANY  INDIVIDUAL  DETAINED  IN, COMMITTED TO, WORKING IN, OR VISITING THE
 FACILITY, WITH CORRESPONDING EXPOSURE LEVELS.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided however,  that  the  amendments  to
 subdivision  6  of section 3502 of the public health law made by section
 one of this act shall not affect the  repeal  of  such  subdivision  and
 shall be deemed repealed therewith. 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 MM
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1111-c-1 to read as follows:
   § 1111-C-1. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS
 OPERATION-RELATED TRAFFIC REGULATIONS. (A) 1. NOTWITHSTANDING ANY  OTHER
 PROVISION  OF  LAW,  THE  CITY  OF  NEW  YORK  IS  HEREBY AUTHORIZED AND
 EMPOWERED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABIL-
 ITY ON THE OWNER OF A VEHICLE FOR FAILURE  OF  AN  OPERATOR  THEREOF  TO
 COMPLY  WITH  BUS  OPERATION-RELATED  TRAFFIC REGULATIONS, IN ACCORDANCE
 WITH THE PROVISIONS OF THIS SECTION.  THE NEW YORK  CITY  DEPARTMENT  OF
 TRANSPORTATION  AND/OR  APPLICABLE  MASS TRANSIT AGENCY, FOR PURPOSES OF
 THE IMPLEMENTATION OF SUCH PROGRAM, SHALL OPERATE BUS  OPERATION-RELATED
 PHOTO DEVICES THAT MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT
 LOCATIONS  DETERMINED  BY  SUCH  DEPARTMENT  OF TRANSPORTATION AND/OR ON
 BUSES SELECTED BY SUCH DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH
 THE APPLICABLE MASS TRANSIT AGENCY.
   2. ANY PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES CAPTURED BY BUS OPERATION-RELATED PHOTO DEVICES SHALL BE INADMIS-
 SIBLE  IN  ANY  DISCIPLINARY  PROCEEDING CONVENED BY THE APPLICABLE MASS
 TRANSIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY
 S. 4006--C                         55                         A. 3006--C
 
 THE DEPARTMENT INVOLVING LICENSURE  PRIVILEGES  OF  BUS  OPERATORS.  ANY
 MOBILE  BUS  OPERATION-RELATED  PHOTO  DEVICE  MOUNTED ON A BUS SHALL BE
 DIRECTED OUTWARDLY FROM SUCH BUS TO CAPTURE IMAGES OF VEHICLES  OPERATED
 IN  VIOLATION  OF  BUS OPERATION-RELATED TRAFFIC REGULATIONS, AND IMAGES
 PRODUCED BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE  IN  THE
 ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED.
   3.  (I)  THE  CITY  OF  NEW  YORK  SHALL ADOPT AND ENFORCE MEASURES TO
 PROTECT THE PRIVACY OF DRIVERS,  PASSENGERS,  PEDESTRIANS  AND  CYCLISTS
 WHOSE  IDENTITY  AND  IDENTIFYING  INFORMATION  MAY BE CAPTURED BY A BUS
 OPERATION-RELATED PHOTO DEVICE. SUCH MEASURES SHALL INCLUDE:
   (A) UTILIZATION OF NECESSARY TECHNOLOGIES TO  ENSURE,  TO  THE  EXTENT
 PRACTICABLE,  THAT  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR OTHER
 RECORDED IMAGES PRODUCED BY SUCH  BUS  OPERATION-RELATED  PHOTO  DEVICES
 SHALL  NOT  INCLUDE  IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR
 THE CONTENTS OF THE  VEHICLE.  PROVIDED,  HOWEVER,  THAT  NO  NOTICE  OF
 LIABILITY  ISSUED  PURSUANT  TO  THIS  SECTION SHALL BE DISMISSED SOLELY
 BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER  RECORDED
 IMAGE  ALLOWS  FOR  THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR
 THE CONTENTS OF A VEHICLE WHERE THE CITY SHOWS THAT IT  MADE  REASONABLE
 EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH IN SUCH CASE;
   (B)  THE INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT
 REGULAR INTERVALS ALONG AND  ADJACENT  TO  ROADWAYS  UPON  WHICH  MOBILE
 AND/OR  STATIONARY  BUS  OPERATION-RELATED  PHOTO  DEVICES  ARE OPERATED
 PURSUANT TO A DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS  SECTION
 STATING  THAT  MOBILE  AND/OR  STATIONARY  BUS  OPERATION-RELATED  PHOTO
 DEVICES ARE USED TO ENFORCE BUS OPERATION-RELATED  TRAFFIC  REGULATIONS,
 IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD; AND
   (C)  OVERSIGHT  PROCEDURES  TO  ENSURE  COMPLIANCE  WITH  THE  PRIVACY
 PROTECTION MEASURES UNDER THIS SUBDIVISION.
   (II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR  ANY  OTHER  RECORDED
 IMAGE  FROM A BUS OPERATION-RELATED PHOTO DEVICE SHALL BE FOR THE EXCLU-
 SIVE USE OF THE CITY OF NEW YORK FOR THE PURPOSE OF THE ADJUDICATION  OF
 LIABILITY  IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A
 NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED  BY
 SUCH  CITY UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH
 SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER  RECORDED  IMAGES
 RELATE,  OR  ONE  YEAR  FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE OF
 LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING  THE  PROVISIONS  OF  ANY
 OTHER  LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A  BUS  OPERATION-RE-
 LATED PHOTO DEVICE SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL
 OR  CRIMINAL  PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR ADMINISTRA-
 TIVE OR ADJUDICATORY BODY IN ANY ACTION  OR  PROCEEDING  THEREIN  EXCEPT
 THAT  WHICH  IS  NECESSARY FOR THE ADJUDICATION OF A NOTICE OF LIABILITY
 ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR EMPLOYEE, OFFI-
 CER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION, EXCEPT  THAT  SUCH
 PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR ANY OTHER RECORDED IMAGES
 FROM SUCH SYSTEMS:
   (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
 VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
 OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
   (B)  (1)  SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
 BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
 SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE  LAW  OR  A  FEDERAL  COURT
 AUTHORIZED  TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
 S. 4006--C                         56                         A. 3006--C
 
 SEARCH WARRANT STATES THAT THERE IS REASONABLE  CAUSE  TO  BELIEVE  SUCH
 INFORMATION  CONSTITUTES  EVIDENCE  OF,  OR TENDS TO DEMONSTRATE THAT, A
 MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN  THIS  STATE  OR  ANOTHER
 STATE,  OR  THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
 MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE,  PROVIDED,
 HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
 COURT  SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A  MISDEMEANOR  OR  FELONY
 AGAINST THE LAWS OF THIS STATE; AND
   (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
 A  JUDGE  OF  COMPETENT  JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
 HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF  A
 FEDERAL  COURT  AUTHORIZED  TO  ISSUE  SUCH A SUBPOENA DUCES TECUM UNDER
 FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
 REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
 THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY  AN  AUTHORIZED
 LAW  ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
 FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT  IF  SUCH
 OFFENSE  WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
 SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT  COMPRISING  SUCH  OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
 THIS STATE; AND
   (3)  MAY,  IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
 OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH  CRIMINAL
 ACTION OR PROCEEDING.
   (III) THE DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION IS
 PROHIBITED  FROM  UTILIZING  AND  FROM  ARRANGING FOR THE UTILIZATION OF
 BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT  LIMITED  TO  FACIAL
 RECOGNITION  TECHNOLOGY,  FOR  ANY PURPOSE. THE USE, AND THE ARRANGEMENT
 FOR THE USE, OF BIOMETRIC  IDENTIFYING  TECHNOLOGY,  INCLUDING  BUT  NOT
 LIMITED  TO  FACIAL  RECOGNITION TECHNOLOGY, ON PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE, OR ANY OTHER RECORDED IMAGE OR DATA PRODUCED BY A BUS
 OPERATION-RELATED PHOTO DEVICE, BY  ANY  PERSON  FOR  ANY  PURPOSE,  ARE
 PROHIBITED.   FOR PURPOSES OF THIS SUBPARAGRAPH, "PERSON" SHALL INCLUDE,
 BUT NOT BE LIMITED TO, A HUMAN BEING, A PUBLIC OR  PRIVATE  CORPORATION,
 AN  UNINCORPORATED ASSOCIATION, A PARTNERSHIP, A GOVERNMENT OR A GOVERN-
 MENTAL INSTRUMENTALITY, A COURT OR  AN  ADMINISTRATIVE  OR  ADJUDICATORY
 BODY, AND ANY EMPLOYEE, OFFICER, AND AGENT OF THE FOREGOING.
   (IV) ANY APPLICABLE MASS TRANSIT AGENCY OPERATING BUS OPERATION-RELAT-
 ED  PHOTO  DEVICES  SHALL  BE PROHIBITED FROM ACCESSING ANY PHOTOGRAPHS,
 MICROPHOTOGRAPHS, VIDEOTAPES, OTHER RECORDED IMAGES  OR  DATA  FROM  BUS
 OPERATION-RELATED PHOTO DEVICES BUT SHALL PROVIDE, PURSUANT TO AN AGREE-
 MENT  WITH  THE CITY OF NEW YORK, FOR THE PROPER HANDLING AND CUSTODY OF
 SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPES,  OTHER  RECORDED  IMAGES
 AND DATA PRODUCED BY SUCH SYSTEMS, AND FOR THE FORWARDING OF SUCH PHOTO-
 GRAPHS,  MICROPHOTOGRAPHS, VIDEOTAPES, OTHER RECORDED IMAGES AND DATA TO
 SUCH CITY FOR THE PURPOSE OF DETERMINING WHETHER  A  MOTOR  VEHICLE  WAS
 OPERATED  IN  VIOLATION OF BUS OPERATION-RELATED TRAFFIC REGULATIONS AND
 IMPOSING MONETARY LIABILITY ON THE OWNER OF SUCH MOTOR VEHICLE THEREFOR.
   (V) EVERY BUS UPON WHICH A MOBILE BUS OPERATION-RELATED  PHOTO  DEVICE
 IS INSTALLED AND OPERATED PURSUANT TO A DEMONSTRATION PROGRAM AUTHORIZED
 PURSUANT TO THIS SECTION SHALL BE EQUIPPED WITH SIGNS, PLACARDS OR OTHER
 DISPLAYS  GIVING  NOTICE TO APPROACHING MOTOR VEHICLE OPERATORS THAT BUS
 OPERATION-RELATED PHOTO DEVICES ARE USED TO ENFORCE BUS OPERATION-RELAT-
 ED TRAFFIC REGULATIONS.
 S. 4006--C                         57                         A. 3006--C
 
   (B) WARNING NOTICES OF VIOLATION SHALL  BE  ISSUED  DURING  THE  FIRST
 SIXTY DAYS THAT BUS OPERATION-RELATED PHOTO DEVICES PURSUANT TO A DEMON-
 STRATION PROGRAM AUTHORIZED BY THIS SECTION ARE ACTIVE AND IN OPERATION.
   (C)  IF  THE  CITY OF NEW YORK HAS ESTABLISHED A DEMONSTRATION PROGRAM
 PURSUANT TO SUBDIVISION (A) OF THIS SECTION,  THE  OWNER  OF  A  VEHICLE
 SHALL  BE  LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH
 VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE  OWNER,  EXPRESS
 OR  IMPLIED,  IN  VIOLATION  OF  ANY BUS OPERATION-RELATED TRAFFIC REGU-
 LATIONS AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED  FROM  A
 BUS  OPERATION-RELATED PHOTO DEVICE; PROVIDED HOWEVER THAT NO OWNER OF A
 VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO  THIS  SECTION
 WHERE  THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING
 VIOLATION OF SUCH BUS OPERATION-RELATED TRAFFIC REGULATION.
   (D) FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
 CHAPTER.
   2. "BUS OPERATION-RELATED PHOTO DEVICE" SHALL MEAN A  DEVICE  THAT  IS
 CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUC-
 ES  ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF
 A BUS OPERATION-RELATED TRAFFIC REGULATION.
   3. "BUS OPERATION-RELATED TRAFFIC REGULATIONS" SHALL MEAN THE  FOLLOW-
 ING  PROVISIONS  SET  FORTH  IN CHAPTER FOUR OF TITLE THIRTY-FOUR OF THE
 RULES OF THE CITY OF NEW  YORK,  ADOPTED  PURSUANT  TO  SECTION  SIXTEEN
 HUNDRED  FORTY-TWO  OF  THIS CHAPTER: 4-08(C)(3), VIOLATION OF POSTED NO
 STANDING RULES PROHIBITED-BUS  STOP;  4-08(E)(9),  GENERAL  NO  STOPPING
 ZONES-BICYCLE  LANES; 4-08(F)(1), GENERAL NO STANDING ZONES-DOUBLE PARK-
 ING; AND 4-08(F)(4), GENERAL NO STANDING ZONES-BUS LANE.
   4. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD"  SHALL  MEAN
 THE  MANUAL  AND  SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
 DEVICES MAINTAINED BY THE COMMISSIONER  OF  TRANSPORTATION  PURSUANT  TO
 SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
   5.  "BIOMETRIC  IDENTIFYING  TECHNOLOGY"  SHALL MEAN ANY TOOL USING AN
 AUTOMATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN VERIFYING A PERSON'S
 IDENTITY BASED ON A PERSON'S BIOMETRIC INFORMATION.
   6. "BIOMETRIC INFORMATION" SHALL MEAN ANY MEASURABLE PHYSICAL, PHYSIO-
 LOGICAL OR BEHAVIORAL CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON,
 INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT CHARAC-
 TERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS,  VOCAL  CHARACTER-
 ISTICS,  AND  ANY  OTHER  CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A
 PERSON INCLUDING, BUT NOT LIMITED TO: FINGERPRINTS;  HANDPRINTS;  RETINA
 AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOMETRY.
   7.  "FACIAL  RECOGNITION"  SHALL  MEAN  ANY TOOL USING AN AUTOMATED OR
 SEMI-AUTOMATED PROCESS THAT ASSISTS IN UNIQUELY IDENTIFYING OR VERIFYING
 A PERSON BY COMPARING AND ANALYZING PATTERNS BASED ON THE PERSON'S FACE.
   (E) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  CITY  OF  NEW  YORK  IN  WHICH THE CHARGED VIOLATION OCCURRED, OR A
 FACSIMILE THEREOF, BASED UPON  INSPECTION  OF  PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A BUS OPERATION-
 RELATED PHOTO DEVICE,  SHALL  BE  PRIMA  FACIE  EVIDENCE  OF  THE  FACTS
 CONTAINED  THEREIN.    ANY  PHOTOGRAPHS,  MICROPHOTOGRAPHS, VIDEOTAPE OR
 OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR
 INSPECTION IN ANY  PROCEEDING  TO  ADJUDICATE  THE  LIABILITY  FOR  SUCH
 VIOLATION PURSUANT TO THIS SECTION.
   (F) AN OWNER LIABLE FOR A VIOLATION OF A BUS OPERATION-RELATED TRAFFIC
 REGULATION  PURSUANT  TO A DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO
 S. 4006--C                         58                         A. 3006--C
 
 THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A
 SCHEDULE OF FINES  AND  PENALTIES  TO  BE  PROMULGATED  BY  THE  PARKING
 VIOLATIONS  BUREAU  OF  THE CITY OF NEW YORK. THE LIABILITY OF THE OWNER
 PURSUANT  TO  THIS  SECTION  SHALL  NOT EXCEED FIFTY DOLLARS FOR A FIRST
 VIOLATION, ONE HUNDRED DOLLARS FOR A SECOND VIOLATION WITHIN  A  TWELVE-
 MONTH  PERIOD,  ONE HUNDRED FIFTY DOLLARS FOR A THIRD VIOLATION WITHIN A
 TWELVE-MONTH PERIOD, TWO HUNDRED DOLLARS FOR A FOURTH VIOLATION WITHIN A
 TWELVE-MONTH PERIOD, AND TWO HUNDRED FIFTY DOLLARS FOR  EACH  SUBSEQUENT
 VIOLATION WITHIN A TWELVE-MONTH PERIOD; PROVIDED, HOWEVER, THAT AN OWNER
 SHALL  BE  LIABLE  FOR  AN  ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE
 DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND  TO  A  NOTICE  OF
 LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
   (G)  AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB-
 LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION  OF  AN
 OPERATOR  AND  SHALL  NOT  BE  MADE  PART OF THE OPERATING RECORD OF THE
 PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR SHALL  IT  BE  USED  FOR
 INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
   (H) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
 PERSON  ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS OPERA-
 TION-RELATED TRAFFIC REGULATION. PERSONAL DELIVERY TO  THE  OWNER  SHALL
 NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
 ORDINARY  COURSE  OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
 CONTAINED THEREIN.
   2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
 PERSON  ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS OPERA-
 TION-RELATED TRAFFIC REGULATION, THE REGISTRATION NUMBER OF THE  VEHICLE
 INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE
 INCLUDING  THE STREET ADDRESS OR CROSS STREETS, ONE OR MORE IMAGES IDEN-
 TIFYING THE VIOLATION, THE DATE AND TIME OF SUCH  VIOLATION,  THE  IDEN-
 TIFICATION  NUMBER  OF  THE  BUS  OPERATION-RELATED  PHOTO  DEVICE WHICH
 RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER, AND WHETHER THE
 DEVICE WAS STATIONARY OR MOBILE.  IF  THE  BUS  OPERATION-RELATED  PHOTO
 DEVICE WAS MOBILE, AN IDENTITY OF THE VEHICLE CONTAINING SUCH BUS OPERA-
 TION-RELATED PHOTO DEVICE SHALL BE INCLUDED IN THE NOTICE.
   3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO  CONTEST
 IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE  AGENCY
 OR  AGENCIES  DESIGNATED  BY  THE  CITY OF NEW YORK, OR ANY OTHER ENTITY
 AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
   (I) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
 SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
   (J)  IF  AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
 TO THIS SECTION FOR ANY  TIME  PERIOD  DURING  WHICH  SUCH  VEHICLE  WAS
 REPORTED  TO  THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
 VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A  VIOLATION  OF  A  BUS
 OPERATION-RELATED  TRAFFIC  REGULATION PURSUANT TO THIS SECTION THAT THE
 VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME  THE
 VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
 OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
 CIENT  THAT  A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
 BE SENT BY FIRST CLASS MAIL TO THE PARKING  VIOLATIONS  BUREAU  OF  SUCH
 CITY.
 S. 4006--C                         59                         A. 3006--C
 
   (K)  1.  AN  OWNER  WHO  IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
 LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS  SECTION  SHALL
 NOT BE LIABLE FOR THE VIOLATION OF A BUS OPERATION-RELATED TRAFFIC REGU-
 LATION, PROVIDED THAT:
   (I)  PRIOR  TO  THE  VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
 VIOLATIONS BUREAU IN ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION  TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
   (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH PARKING
 VIOLATIONS BUREAU OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE
 OTHER  INFORMATION  CONTAINED  IN  THE ORIGINAL NOTICE OF LIABILITY, THE
 LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE
 OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH
 VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED  IN
 THE  RENTAL,  LEASE  OR  OTHER  CONTRACT  DOCUMENT, AS MAY BE REASONABLY
 REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE  PROMULGATED
 FOR SUCH PURPOSE.
   2.  FAILURE  TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
 SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN
 THIS SECTION.
   3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH  ONE  OF
 THIS  SUBDIVISION,  THE  LESSEE  OF  SUCH  VEHICLE  ON  THE DATE OF SUCH
 VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES
 OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
 ANT  TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
 SUBDIVISION (H) OF THIS SECTION.
   (L) 1. IF THE OWNER LIABLE FOR A VIOLATION OF A BUS  OPERATION-RELATED
 TRAFFIC  REGULATION PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF THE
 VEHICLE AT THE TIME OF SUCH VIOLATION, THE OWNER MAY MAINTAIN AN  ACTION
 FOR INDEMNIFICATION AGAINST THE OPERATOR.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
 VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
 OUT  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
 BUS OPERATION-RELATED TRAFFIC REGULATION. FOR PURPOSES OF THIS  SUBDIVI-
 SION  THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS
 OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT  THE  TIME  SUCH
 OPERATOR FAILED TO OBEY A BUS OPERATION-RELATED TRAFFIC REGULATION.
   (M)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF A BUS OPERATION-RELATED
 TRAFFIC REGULATION.
   (N) IF THE CITY OF NEW YORK ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
 SUBDIVISION (A) OF THIS SECTION, SUCH CITY AND THE APPLICABLE MASS TRAN-
 SIT AGENCY SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE OF BUS OPERA-
 TION-RELATED PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY  PRESIDENT  OF
 THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO THOUSAND
 TWENTY-FIVE  AND  EVERY  TWO YEARS THEREAFTER.  THE CITY OF NEW YORK AND
 APPLICABLE MASS TRANSIT AGENCY SHALL ALSO MAKE SUCH REPORTS AVAILABLE ON
 THEIR PUBLIC-FACING WEBSITES, PROVIDED THAT THEY MAY  PROVIDE  AGGREGATE
 DATA  FROM  PARAGRAPH  ONE  OF  THIS  SUBDIVISION IF THE CITY FINDS THAT
 PUBLISHING SPECIFIC LOCATION DATA WOULD JEOPARDIZE PUBLIC SAFETY.   SUCH
 REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE BUS OPERATION-RE-
 LATED PHOTO DEVICES WERE USED;
   2.  THE  TOTAL  NUMBER  OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL
 BASIS;
   3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
 S. 4006--C                         60                         A. 3006--C
 
   4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE  FIRST
 NOTICE OF LIABILITY;
   5.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
   6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY AND  ANY  PARTIC-
 IPATING MASS TRANSIT AGENCY AND AN ITEMIZED LIST OF EXPENDITURES MADE BY
 THE PARTICIPATING MASS TRANSIT AGENCY WITH THESE REVENUES;
   7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS;
   8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA USED;
   9.  THE TOTAL COST TO SUCH CITY  AND THE TOTAL COST TO ANY PARTICIPAT-
 ING MASS TRANSIT AGENCY; AND
   10. A DETAILED REPORT ON THE BUS SPEEDS,  RELIABILITY,  AND  RIDERSHIP
 BEFORE  AND  AFTER  IMPLEMENTATION OF THE DEMONSTRATION PROGRAM FOR EACH
 BUS ROUTE, INCLUDING CURRENT STATISTICS.
   (O) ANY REVENUE FROM FINES AND PENALTIES COLLECTED FROM ANY MOBILE BUS
 OPERATION-RELATED PHOTO DEVICES, NOT INCLUDING ANY REVENUE  SHARED  WITH
 THE  CITY  OF  NEW YORK PURSUANT TO AGREEMENT,  SHALL BE REMITTED BY THE
 CITY OF NEW YORK TO THE APPLICABLE MASS TRANSIT AGENCY  ON  A  QUARTERLY
 BASIS  TO  BE DEPOSITED IN THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW
 YORK CITY TRANSPORTATION ASSISTANCE FUND ESTABLISHED PURSUANT TO SECTION
 TWELVE HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW.
   (P) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF A  BUS
 OPERATION-RELATED TRAFFIC REGULATION PURSUANT TO A DEMONSTRATION PROGRAM
 ADOPTED  PURSUANT  TO THIS SECTION THAT SUCH BUS OPERATION-RELATED PHOTO
 DEVICES WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
   § 2. Subdivision 1 of section 235 of the vehicle and traffic  law,  as
 separately added by chapters 421, 460 and 773 of the laws of 2021, para-
 graph  (h)  as relettered by chapter 258 of the laws of 2022, is amended
 to read as follows:
   1. Notwithstanding any inconsistent provision of any general,  special
 or  local  law or administrative code to the contrary, in any city which
 heretofore or hereafter is authorized  to  establish  an  administrative
 tribunal:  (a)  to  hear and determine complaints of traffic infractions
 constituting parking, standing or stopping violations, or (b) to adjudi-
 cate the liability of  owners  for  violations  of  subdivision  (d)  of
 section  eleven  hundred  eleven  of  this chapter imposed pursuant to a
 local law or ordinance imposing monetary liability on  the  owner  of  a
 vehicle  for  failure of an operator thereof to comply with traffic-con-
 trol indications through the installation and operation of  traffic-con-
 trol signal photo violation-monitoring systems, in accordance with arti-
 cle  twenty-four  of this chapter, or (c) to adjudicate the liability of
 owners for violations of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
 section  eleven  hundred  eighty  of  this chapter imposed pursuant to a
 demonstration program imposing monetary liability  on  the  owner  of  a
 vehicle  for  failure  of an operator thereof to comply with such posted
 maximum speed limits through the installation  and  operation  of  photo
 speed violation monitoring systems, in accordance with article thirty of
 this  chapter,  or  (d)  to  adjudicate  the  liability  of  owners  for
 violations of bus lane restrictions as defined by article twenty-four of
 this chapter imposed pursuant to a bus rapid  transit  program  imposing
 monetary  liability on the owner of a vehicle for failure of an operator
 thereof to comply with such bus lane restrictions through the  installa-
 tion and operation of bus lane photo devices, in accordance with article
 twenty-four  of  this  chapter,  or  (e)  to adjudicate the liability of
 owners for violations of toll collection regulations imposed by  certain
 public  authorities pursuant to the law authorizing such public authori-
 S. 4006--C                         61                         A. 3006--C
 
 ties to impose monetary liability on the owner of a vehicle for  failure
 of  an  operator  thereof  to comply with toll collection regulations of
 such public  authorities  through  the  installation  and  operation  of
 photo-monitoring  systems,  in accordance with the provisions of section
 two thousand nine hundred eighty-five of the public authorities law  and
 sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
 the liability of owners for violations of section eleven hundred  seven-
 ty-four of this chapter when meeting a school bus marked and equipped as
 provided  in  subdivisions  twenty  and  twenty-one-c  of  section three
 hundred seventy-five of this chapter imposed pursuant to a local law  or
 ordinance  imposing  monetary  liability  on  the owner of a vehicle for
 failure of an operator thereof to comply  with  school  bus  red  visual
 signals  through  the  installation  and  operation  of school bus photo
 violation monitoring systems, in accordance with article twenty-nine  of
 this  chapter,  or  (g)  to  adjudicate  the  liability  of  owners  for
 violations of section three hundred eighty-five of this chapter and  the
 rules  of  the  department  of transportation of the city of New York in
 relation to gross vehicle weight and/or axle weight  violations  imposed
 pursuant  to  a  weigh in motion demonstration program imposing monetary
 liability on the owner of a vehicle for failure of an  operator  thereof
 to comply with such gross vehicle weight and/or axle weight restrictions
 through  the  installation  and  operation  of weigh in motion violation
 monitoring systems, in accordance with article ten of this  chapter,  or
 (h)  to adjudicate the liability of owners for violations of subdivision
 (b), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
 imposed  pursuant to a demonstration program imposing monetary liability
 on the owner of a vehicle for failure of an operator thereof  to  comply
 with  such  posted maximum speed limits within a highway construction or
 maintenance work area through the installation and  operation  of  photo
 speed violation monitoring systems, in accordance with article thirty of
 this  chapter,  OR  (I)  TO  ADJUDICATE  THE  LIABILITY  OF  OWNERS  FOR
 VIOLATIONS OF BUS OPERATION-RELATED TRAFFIC REGULATIONS  AS  DEFINED  BY
 ARTICLE  TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION
 PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR  FAIL-
 URE  OF  AN  OPERATOR  THEREOF TO COMPLY WITH SUCH BUS OPERATION-RELATED
 TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF BUS OPERA-
 TION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH  ARTICLE  TWENTY-FOUR  OF
 THIS  CHAPTER,  such  tribunal  and the rules and regulations pertaining
 thereto shall be constituted in substantial conformance with the follow-
 ing sections.
   § 3. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
 separately  added  by  chapters 421, 460 and 773 of the laws of 2021 and
 paragraph (g) as relettered by chapter 258  of  the  laws  of  2022,  is
 amended to read as follows:
   1.  Creation. In any city as hereinbefore or hereafter authorized such
 tribunal when created shall be known as the  parking  violations  bureau
 and  shall  have  jurisdiction of traffic infractions which constitute a
 parking violation and, where authorized: (a) to adjudicate the liability
 of owners for violations of subdivision (d) of  section  eleven  hundred
 eleven  of  this  chapter  imposed  pursuant to a local law or ordinance
 imposing monetary liability on the owner of a vehicle for failure of  an
 operator  thereof to comply with traffic-control indications through the
 installation and operation of traffic-control  signal  photo  violation-
 monitoring systems, in accordance with article twenty-four of this chap-
 ter,  or  (b)  to  adjudicate  the liability of owners for violations of
 S. 4006--C                         62                         A. 3006--C
 
 subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
 of  this  chapter  imposed  pursuant to a demonstration program imposing
 monetary liability on the owner of a vehicle for failure of an  operator
 thereof  to  comply  with  such  posted maximum speed limits through the
 installation and operation of photo speed violation monitoring  systems,
 in  accordance with article thirty of this chapter, or (c) to adjudicate
 the liability of owners for  violations  of  bus  lane  restrictions  as
 defined by article twenty-four of this chapter imposed pursuant to a bus
 rapid  transit  program  imposing  monetary  liability on the owner of a
 vehicle for failure of an operator thereof to comply with such bus  lane
 restrictions  through  the  installation and operation of bus lane photo
 devices, in accordance with article twenty-four of this chapter, or  (d)
 to  adjudicate the liability of owners for violations of toll collection
 regulations imposed by certain public authorities pursuant  to  the  law
 authorizing  such public authorities to impose monetary liability on the
 owner of a vehicle for failure of an operator  thereof  to  comply  with
 toll  collection  regulations  of  such  public  authorities through the
 installation and operation of photo-monitoring  systems,  in  accordance
 with  the provisions of section two thousand nine hundred eighty-five of
 the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
 sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
 hundred fifty,  or  (e)  to  adjudicate  the  liability  of  owners  for
 violations  of  section eleven hundred seventy-four of this chapter when
 meeting a school bus marked and equipped  as  provided  in  subdivisions
 twenty  and  twenty-one-c  of section three hundred seventy-five of this
 chapter imposed pursuant to a local law or ordinance  imposing  monetary
 liability  on  the owner of a vehicle for failure of an operator thereof
 to comply with school bus red visual signals  through  the  installation
 and  operation  of  school  bus  photo  violation monitoring systems, in
 accordance with article twenty-nine of this chapter, or (f)  to  adjudi-
 cate  the  liability  of  owners for violations of section three hundred
 eighty-five of this chapter and the rules of the department of transpor-
 tation of the city of New York  in  relation  to  gross  vehicle  weight
 and/or  axle  weight  violations  imposed  pursuant to a weigh in motion
 demonstration program imposing monetary liability  on  the  owner  of  a
 vehicle  for  failure  of  an operator thereof to comply with such gross
 vehicle weight and/or axle weight restrictions through the  installation
 and  operation  of  weigh  in  motion  violation  monitoring systems, in
 accordance with article ten of this chapter, or (g)  to  adjudicate  the
 liability  of  owners for violations of subdivision (b), (d), (f) or (g)
 of section eleven hundred eighty of this chapter imposed pursuant  to  a
 demonstration  program  imposing  monetary  liability  on the owner of a
 vehicle for failure of an operator thereof to comply  with  such  posted
 maximum  speed  limits within a highway construction or maintenance work
 area through the installation and operation  of  photo  speed  violation
 monitoring  systems,  in accordance with article thirty of this chapter,
 OR (H) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF BUS OPER-
 ATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE  TWENTY-FOUR  OF
 THIS  CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONE-
 TARY LIABILITY ON THE OWNER OF A VEHICLE  FOR  FAILURE  OF  AN  OPERATOR
 THEREOF  TO  COMPLY  WITH SUCH BUS OPERATION-RELATED TRAFFIC REGULATIONS
 THROUGH THE INSTALLATION AND OPERATION OF  BUS  OPERATION-RELATED  PHOTO
 DEVICES,  IN  ACCORDANCE  WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER. Such
 tribunal, except in a city with a population of  one  million  or  more,
 shall  also  have  jurisdiction of abandoned vehicle violations. For the
 purposes of this article, a parking violation is the  violation  of  any
 S. 4006--C                         63                         A. 3006--C
 
 law,  rule  or regulation providing for or regulating the parking, stop-
 ping or standing of a vehicle. In addition for purposes of this article,
 "commissioner" shall mean and include the commissioner of traffic of the
 city or an official possessing authority as such a commissioner.
   §  4.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
 traffic law, as separately added by chapters 421, 460  and  773  of  the
 laws of 2021, is amended to read as follows:
   f.  "Notice  of  violation"  means a notice of violation as defined in
 subdivision nine of section two hundred thirty-seven  of  this  article,
 but shall not be deemed to include a notice of liability issued pursuant
 to authorization set forth in articles ten, twenty-four, twenty-nine and
 thirty of this chapter, section two thousand nine hundred eighty-five of
 the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
 sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
 hundred fifty to impose monetary liability on the owner of a vehicle for
 failure  of  an  operator  thereof: to comply with traffic-control indi-
 cations in violation of subdivision (d) of section eleven hundred eleven
 of this chapter through the installation and operation  of  traffic-con-
 trol signal photo violation-monitoring systems, in accordance with arti-
 cle  twenty-four of this chapter; or to comply with certain posted maxi-
 mum speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)
 of  section  eleven hundred eighty of this chapter through the installa-
 tion and operation of  photo  speed  violation  monitoring  systems,  in
 accordance  with  article  thirty of this chapter; or to comply with bus
 lane restrictions as defined by  article  twenty-four  of  this  chapter
 through  the  installation  and  operation of bus lane photo devices, in
 accordance with article twenty-four of this chapter; or to  comply  with
 toll  collection  regulations  of certain public authorities through the
 installation and operation of photo-monitoring  systems,  in  accordance
 with  the provisions of section two thousand nine hundred eighty-five of
 the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
 sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
 hundred fifty; or to stop for a  school  bus  displaying  a  red  visual
 signal in violation of section eleven hundred seventy-four of this chap-
 ter through the installation and operation of school bus photo violation
 monitoring systems, in accordance with article twenty-nine of this chap-
 ter[,];  or  to  comply  with  certain  posted  maximum  speed limits in
 violation of subdivision (b), (d), (f) or (g) of section eleven  hundred
 eighty of this chapter within a highway construction or maintenance work
 area  through  the  installation  and operation of photo speed violation
 monitoring systems, in accordance with article thirty of  this  chapter;
 or  to  comply with gross vehicle weight and/or axle weight restrictions
 in violation of section three hundred eighty-five of  this  chapter  and
 the  rules  of  the department of transportation of the city of New York
 through the installation and operation  of  weigh  in  motion  violation
 monitoring  systems,  in accordance with article ten of this chapter; OR
 TO COMPLY WITH BUS OPERATION-RELATED TRAFFIC REGULATIONS AS  DEFINED  BY
 ARTICLE  TWENTY-FOUR  OF  THIS  CHAPTER IN VIOLATION OF THE RULES OF THE
 DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL-
 LATION AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN  ACCORD-
 ANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER.
   § 5. Subdivisions 1, 1-a and the opening subparagraph of paragraph (a)
 of subdivision 1-b of section 240 of the vehicle and traffic law, subdi-
 visions  1  and  1-a as separately added by chapters 421, 460 and 773 of
 the laws of 2021, and the  opening  subparagraph  of  paragraph  (a)  of
 S. 4006--C                         64                         A. 3006--C
 
 subdivision 1-b as added by chapter 407 of the laws of 2022, are amended
 to read as follows:
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty; or a person alleged to be  liable
 in  accordance  with  any provisions of law specifically authorizing the
 imposition of monetary liability on the owner of a vehicle  for  failure
 of  an  operator  thereof: to comply with traffic-control indications in
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter through the installation and operation of traffic-control signal
 photo  violation-monitoring  systems, in accordance with article twenty-
 four of this chapter; or to comply with  certain  posted  maximum  speed
 limits  in violation of subdivision (b), (c), (d), (f) or (g) of section
 eleven hundred eighty of this chapter through the installation and oper-
 ation of photo speed violation monitoring systems,  in  accordance  with
 article  thirty of this chapter; or to comply with bus lane restrictions
 as defined by article twenty-four of this chapter through the  installa-
 tion and operation of bus lane photo devices, in accordance with article
 twenty-four  of  this  chapter;  or to comply with toll collection regu-
 lations of certain public authorities through the installation and oper-
 ation of photo-monitoring systems, in accordance with the provisions  of
 section  two thousand nine hundred eighty-five of the public authorities
 law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
 hundred  seventy-four  of the laws of nineteen hundred fifty; or to stop
 for a school bus displaying a red visual signal in violation of  section
 eleven hundred seventy-four of this chapter through the installation and
 operation  of  school bus photo violation monitoring systems, in accord-
 ance with article twenty-nine of this  chapter[,];  or  to  comply  with
 certain  posted  maximum  speed  limits in violation of subdivision (b),
 (d), (f) or (g) of section eleven hundred eighty of this chapter  within
 a highway construction or maintenance work area through the installation
 and operation of photo speed violation monitoring systems, in accordance
 with  article  thirty  of  this chapter; or to comply with gross vehicle
 weight and/or axle weight restrictions in  violation  of  section  three
 hundred  eighty-five  of this chapter and the rules of the department of
 transportation of the city of New  York  through  the  installation  and
 operation of weigh in motion violation monitoring systems, in accordance
 with article ten of this chapter; OR TO COMPLY WITH BUS OPERATION-RELAT-
 ED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER
 IN  VIOLATION  OF  THE  RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE
 CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION  OF  BUS  OPERA-
 TION-RELATED  PHOTO  DEVICES,  IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF
 THIS CHAPTER, contests such allegation, the  bureau  shall  advise  such
 person  personally  by such form of first class mail as the director may
 direct of the date on which he or she must appear to answer  the  charge
 at  a  hearing.  The form and content of such notice of hearing shall be
 prescribed by the director, and shall contain a warning  to  advise  the
 person  so  pleading  or  contesting  that failure to appear on the date
 designated, or on any subsequent adjourned  date,  shall  be  deemed  an
 admission of liability, and that a default judgment may be entered ther-
 eon.
   1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
 entered, or the bureau has been notified that an allegation of liability
 in accordance with provisions of law specifically authorizing the  impo-
 sition of monetary liability on the owner of a vehicle for failure of an
 operator   thereof:   to  comply  with  traffic-control  indications  in
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 S. 4006--C                         65                         A. 3006--C

 chapter through the installation and operation of traffic-control signal
 photo  violation-monitoring  systems, in accordance with article twenty-
 four of this chapter; or to comply with  certain  posted  maximum  speed
 limits  in violation of subdivision (b), (c), (d), (f) or (g) of section
 eleven hundred eighty of this chapter through the installation and oper-
 ation of photo speed violation monitoring systems,  in  accordance  with
 article  thirty of this chapter; or to comply with bus lane restrictions
 as defined by article twenty-four of this chapter through the  installa-
 tion and operation of bus lane photo devices, in accordance with article
 twenty-four  of  this  chapter;  or to comply with toll collection regu-
 lations of certain public authorities through the installation and oper-
 ation of photo-monitoring systems, in accordance with the provisions  of
 section  two thousand nine hundred eighty-five of the public authorities
 law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
 hundred  seventy-four  of the laws of nineteen hundred fifty; or to stop
 for a school bus displaying a red visual signal in violation of  section
 eleven hundred seventy-four of this chapter through the installation and
 operation  of  school bus photo violation monitoring systems, in accord-
 ance with article twenty-nine of this  chapter[,];  or  to  comply  with
 certain  posted  maximum  speed  limits in violation of subdivision (b),
 (d), (f) or (g) of section eleven hundred eighty of this chapter  within
 a highway construction or maintenance work area through the installation
 and operation of photo speed violation monitoring systems, in accordance
 with  article  thirty  of  this chapter; or to comply with gross vehicle
 weight and/or axle weight restrictions in  violation  of  section  three
 hundred  eighty-five  of this chapter and the rules of the department of
 transportation of the city of New  York  through  the  installation  and
 operation of weigh in motion violation monitoring systems, in accordance
 with article ten of this chapter; OR TO COMPLY WITH BUS OPERATION-RELAT-
 ED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER
 IN  VIOLATION  OF  THE  RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE
 CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION  OF  BUS  OPERA-
 TION-RELATED  PHOTO  DEVICES,  IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF
 THIS CHAPTER, is being contested, by a person in a timely fashion and  a
 hearing  upon  the  merits has been demanded, but has not yet been held,
 the bureau shall not issue any notice of fine or penalty to that  person
 prior to the date of the hearing.
   In a city having a population of one million or more, at every hearing
 for the adjudication of a notice of liability, as provided by this arti-
 cle,  there shall be a rebuttable presumption that the owner of a first-
 response emergency vehicle alleged to be liable in accordance  with  any
 provisions  of  law  specifically authorizing the imposition of monetary
 liability on the owner of a vehicle for failure of an operator  thereof:
 to  comply  with traffic-control indications in violation of subdivision
 (d) of section eleven hundred eleven of this chapter through the instal-
 lation and operation of traffic-control signal photo  violation-monitor-
 ing  systems, in accordance with article twenty-four of this chapter; or
 to comply with certain posted  maximum  speed  limits  in  violation  of
 subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
 of this chapter through the installation and operation  of  photo  speed
 violation  monitoring systems, in accordance with article thirty of this
 chapter; or to comply with bus lane restrictions as defined  by  article
 twenty-four  of  this  chapter through the installation and operation of
 bus lane photo devices, in accordance with article twenty-four  of  this
 chapter;  OR TO COMPLY WITH BUS OPERATION-RELATED TRAFFIC REGULATIONS AS
 DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES
 S. 4006--C                         66                         A. 3006--C
 
 OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH  THE
 INSTALLATION  AND  OPERATION  OF BUS OPERATION-RELATED PHOTO DEVICES, IN
 ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER is  not  liable  for
 such  alleged  violation  if  such owner of the first-response emergency
 vehicle provides the hearing officer with:
   § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
 and traffic law, as separately added by chapters 421, 460 and 773 of the
 laws of 2021, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or an allegation of liability of an owner for a violation of subdivision
 (d) of section eleven hundred eleven of this chapter imposed pursuant to
 a local law or ordinance imposing monetary liability on the owner  of  a
 vehicle  for  failure of an operator thereof to comply with traffic-con-
 trol indications through the installation and operation of  traffic-con-
 trol signal photo violation-monitoring systems, in accordance with arti-
 cle  twenty-four  of  this  chapter, or an allegation of liability of an
 owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
 section  eleven  hundred  eighty  of  this chapter imposed pursuant to a
 demonstration program imposing monetary liability  on  the  owner  of  a
 vehicle for failure of an operator thereof to comply with certain posted
 maximum  speed  limits  through  the installation and operation of photo
 speed violation monitoring systems, in accordance with article thirty of
 this chapter, or an allegation of liability of an owner for a  violation
 of bus lane restrictions as defined by article twenty-four of this chap-
 ter  imposed  pursuant  to a bus rapid transit program imposing monetary
 liability on the owner of a vehicle for failure of an  operator  thereof
 to  comply  with such bus lane restrictions through the installation and
 operation of bus lane photo devices, in accordance with article  twenty-
 four  of  this  chapter, or an allegation of liability of an owner for a
 violation of toll  collection  regulations  imposed  by  certain  public
 authorities  pursuant  to the law authorizing such public authorities to
 impose monetary liability on the owner of a vehicle for  failure  of  an
 operator  thereof  to  comply  with  toll collection regulations of such
 public authorities through the installation and operation of photo-moni-
 toring systems, in accordance with the provisions of section  two  thou-
 sand nine hundred eighty-five of the public authorities law and sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of  the laws of nineteen hundred fifty, or an allegation of liability of
 an owner for a violation of section eleven hundred seventy-four of  this
 chapter  when  meeting  a  school bus marked and equipped as provided in
 subdivisions twenty and twenty-one-c of section three  hundred  seventy-
 five of this chapter imposed pursuant to a local law or ordinance impos-
 ing monetary liability on the owner of a vehicle for failure of an oper-
 ator  thereof  to  comply with school bus red visual signals through the
 installation and operation of  school  bus  photo  violation  monitoring
 systems,  in  accordance with article twenty-nine of this chapter, or an
 allegation of liability of an owner for a violation of subdivision  (b),
 (d), (f) or (g) of section eleven hundred eighty of this chapter imposed
 pursuant  to  a demonstration program imposing monetary liability on the
 owner of a vehicle for failure of an operator  thereof  to  comply  with
 certain  posted  maximum  speed  limits within a highway construction or
 maintenance work area through the installation and  operation  of  photo
 speed violation monitoring systems, in accordance with article thirty of
 this  chapter, or an allegation of liability of an owner for a violation
 of section three hundred eighty-five of this chapter and  the  rules  of
 the  department of transportation of the city of New York in relation to
 S. 4006--C                         67                         A. 3006--C
 
 gross vehicle weight and/or axle weight violations imposed pursuant to a
 weigh in motion demonstration program imposing monetary liability on the
 owner of a vehicle for failure of an operator  thereof  to  comply  with
 such  gross  vehicle  weight and/or axle weight restrictions through the
 installation and operation  of  weigh  in  motion  violation  monitoring
 systems,  in  accordance with article ten of this chapter, OR AN ALLEGA-
 TION OF LIABILITY OF AN OWNER FOR A VIOLATION OF  BUS  OPERATION-RELATED
 TRAFFIC  REGULATIONS  AS  DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER
 IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY  LIABILITY
 ON  THE  OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY
 WITH SUCH BUS OPERATION-RELATED TRAFFIC REGULATIONS THROUGH THE  INSTAL-
 LATION  AND OPERATION OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORD-
 ANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, shall be  held  before  a
 hearing examiner in accordance with rules and regulations promulgated by
 the bureau.
   g. A record shall be made of a hearing on a plea of not guilty or of a
 hearing  at  which  liability  in  accordance with any provisions of law
 specifically authorizing the imposition of  monetary  liability  on  the
 owner  of  a  vehicle for failure of an operator thereof: to comply with
 traffic-control indications in violation of subdivision (d)  of  section
 eleven hundred eleven of this chapter through the installation and oper-
 ation  of  traffic-control signal photo violation-monitoring systems, in
 accordance with article twenty-four of  this  chapter;  to  comply  with
 certain  posted  maximum  speed  limits in violation of subdivision (b),
 (c), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
 through the installation and operation of photo speed violation monitor-
 ing  systems,  in  accordance  with  article  thirty of this chapter; to
 comply with bus lane restrictions as defined by article  twenty-four  of
 this  chapter  through  the installation and operation of bus lane photo
 devices, in accordance with article  twenty-four  of  this  chapter;  to
 comply  with  toll  collection regulations of certain public authorities
 through the installation and operation of photo-monitoring  systems,  in
 accordance  with  the  provisions  of  section two thousand nine hundred
 eighty-five of  the  public  authorities  law  and  sections  sixteen-a,
 sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
 laws of nineteen hundred fifty; [or] to stop for a school bus displaying
 a red visual signal in violation of section eleven hundred  seventy-four
 of  this  chapter  through  the installation and operation of school bus
 photo violation monitoring systems, in accordance with  article  twenty-
 nine  of this chapter[, or]; to comply with certain posted maximum speed
 limits in violation of subdivision (b), (d), (f) or (g) of section elev-
 en hundred eighty of this chapter within a highway construction or main-
 tenance work area through the installation and operation of photo  speed
 violation  monitoring systems, in accordance with article thirty of this
 chapter[, or]; to comply with gross vehicle weight  and/or  axle  weight
 restrictions  in  violation of section three hundred eighty-five of this
 chapter and the rules of the department of transportation of the city of
 New York through the installation  and  operation  of  weigh  in  motion
 violation  monitoring  systems,  in  accordance with article ten of this
 chapter; OR TO COMPLY WITH BUS OPERATION-RELATED TRAFFIC REGULATIONS  AS
 DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES
 OF  THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE
 INSTALLATION AND OPERATION OF BUS OPERATION-RELATED  PHOTO  DEVICES,  IN
 ACCORDANCE  WITH  ARTICLE  TWENTY-FOUR  OF  THIS  CHAPTER, is contested.
 Recording devices may be used for the making of the record.
 S. 4006--C                         68                         A. 3006--C
 
   § 7. Subdivisions 1 and 2 of section 241 of the  vehicle  and  traffic
 law,  as  separately  added  by chapters 421, 460 and 773 of the laws of
 2021, are amended to read as follows:
   1.  The  hearing  examiner  shall make a determination on the charges,
 either sustaining or dismissing them. Where the hearing examiner  deter-
 mines  that the charges have been sustained he or she may examine either
 the prior  parking  violations  record  or  the  record  of  liabilities
 incurred in accordance with any provisions of law specifically authoriz-
 ing  the  imposition of monetary liability on the owner of a vehicle for
 failure of an operator thereof: to  comply  with  traffic-control  indi-
 cations in violation of subdivision (d) of section eleven hundred eleven
 of  this  chapter through the installation and operation of traffic-con-
 trol signal photo violation-monitoring systems, in accordance with arti-
 cle twenty-four of this chapter; to comply with certain  posted  maximum
 speed  limits  in  violation of subdivision (b), (c), (d), (f) or (g) of
 section eleven hundred eighty of this chapter through  the  installation
 and operation of photo speed violation monitoring systems, in accordance
 with   article   thirty  of  this  chapter;  to  comply  with  bus  lane
 restrictions as defined by article twenty-four of this  chapter  through
 the  installation and operation of bus lane photo devices, in accordance
 with article twenty-four of this chapter; to comply with toll collection
 regulations of certain public authorities through the  installation  and
 operation of photo-monitoring systems, in accordance with the provisions
 of  section two thousand nine hundred eighty-five of the public authori-
 ties law and sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
 seven  hundred  seventy-four of the laws of nineteen hundred fifty; [or]
 to stop for a school bus displaying a red visual signal in violation  of
 section  eleven hundred seventy-four of this chapter through the instal-
 lation and operation of school bus photo violation  monitoring  systems,
 in  accordance with article twenty-nine of this chapter[, or]; to comply
 with certain posted maximum speed limits  in  violation  of  subdivision
 (b),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
 within a highway construction  or  maintenance  work  area  through  the
 installation  and operation of photo speed violation monitoring systems,
 in accordance with article thirty of this chapter; [or] to  comply  with
 gross  vehicle  weight  and/or  axle weight restrictions in violation of
 section three hundred eighty-five of this chapter and the rules  of  the
 department of transportation of the city of New York through the instal-
 lation and operation of weigh in motion violation monitoring systems, in
 accordance with article ten of this chapter; OR TO COMPLY WITH BUS OPER-
 ATION-RELATED  TRAFFIC  REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF
 THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF  TRANSPORTA-
 TION  OF  THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF
 BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE  TWENTY-
 FOUR  OF  THIS  CHAPTER,  of  the person charged, as applicable prior to
 rendering a final  determination.  Final  determinations  sustaining  or
 dismissing  charges shall be entered on a final determination roll main-
 tained by the bureau together with records showing payment  and  nonpay-
 ment of penalties.
   2.  Where  an operator or owner fails to enter a plea to a charge of a
 parking violation or contest an allegation of  liability  in  accordance
 with  any  provisions  of law specifically authorizing the imposition of
 monetary liability on the owner of a vehicle for failure of an  operator
 thereof:  to  comply  with  traffic-control  indications in violation of
 subdivision (d) of section eleven hundred eleven of this chapter through
 the installation and operation of traffic-control  signal  photo  viola-
 S. 4006--C                         69                         A. 3006--C
 
 tion-monitoring  systems, in accordance with article twenty-four of this
 chapter; to comply with certain posted maximum speed limits in violation
 of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
 eighty  of  this chapter through the installation and operation of photo
 speed violation monitoring systems, in accordance with article thirty of
 this chapter; to comply with bus lane restrictions as defined by article
 twenty-four of this chapter through the installation  and  operation  of
 bus  lane  photo devices, in accordance with article twenty-four of this
 chapter; to comply with toll collection regulations  of  certain  public
 authorities  through  the installation and operation of photo-monitoring
 systems, in accordance with the provisions of section two thousand  nine
 hundred   eighty-five   of  the  public  authorities  law  and  sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of the laws of nineteen hundred fifty; to stop for a school bus display-
 ing a red visual signal in violation of section eleven hundred  seventy-
 four  of  this  chapter through the installation and operation of school
 bus photo violation monitoring systems, in accordance with article twen-
 ty-nine of this chapter[, or]; to comply  with  certain  posted  maximum
 speed limits in violation of subdivision (b), (d), (f) or (g) of section
 eleven  hundred  eighty of this chapter within a highway construction or
 maintenance work area through the installation and  operation  of  photo
 speed violation monitoring systems, in accordance with article thirty of
 this  chapter;  [or]  to  comply  with  gross vehicle weight and/or axle
 weight restrictions in violation of section three hundred eighty-five of
 this chapter and the rules of the department of  transportation  of  the
 city  of  New  York  through  the installation and operation of weigh in
 motion violation monitoring systems, in accordance with article  ten  of
 this  chapter;  OR  TO  COMPLY  WITH BUS OPERATION-RELATED TRAFFIC REGU-
 LATIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER  IN  VIOLATION
 OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK
 THROUGH  THE  INSTALLATION  AND OPERATION OF BUS OPERATION-RELATED PHOTO
 DEVICES, IN ACCORDANCE WITH ARTICLE  TWENTY-FOUR  OF  THIS  CHAPTER,  or
 fails  to  appear  on  a designated hearing date or subsequent adjourned
 date or fails after a hearing to comply  with  the  determination  of  a
 hearing examiner, as prescribed by this article or by rule or regulation
 of  the bureau, such failure to plead or contest, appear or comply shall
 be deemed, for all purposes, an admission  of  liability  and  shall  be
 grounds  for  rendering  and  entering  a  default judgment in an amount
 provided by the rules and regulations of the bureau. However, after  the
 expiration  of  the  original  date  prescribed  for entering a plea and
 before a default judgment may be rendered, in such case the bureau shall
 pursuant to the applicable provisions of law  notify  such  operator  or
 owner,  by  such  form of first class mail as the commission may direct;
 (1) of the violation charged, or liability alleged  in  accordance  with
 any  provisions  of law specifically authorizing the imposition of mone-
 tary liability on the owner of a vehicle  for  failure  of  an  operator
 thereof:  to  comply  with  traffic-control  indications in violation of
 subdivision (d) of section eleven hundred eleven of this chapter through
 the installation and operation of traffic-control  signal  photo  viola-
 tion-monitoring  systems, in accordance with article twenty-four of this
 chapter; to comply with certain posted maximum speed limits in violation
 of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
 eighty  of  this chapter through the installation and operation of photo
 speed violation monitoring systems, in accordance with article thirty of
 this chapter; to comply with bus lane restrictions as defined by article
 twenty-four of this chapter through the installation  and  operation  of
 S. 4006--C                         70                         A. 3006--C
 
 bus  lane  photo devices, in accordance with article twenty-four of this
 chapter; to comply with toll collection regulations  of  certain  public
 authorities  through  the installation and operation of photo-monitoring
 systems,  in accordance with the provisions of section two thousand nine
 hundred  eighty-five  of  the  public  authorities  law   and   sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of the laws of nineteen hundred fifty; to stop for a school bus display-
 ing  a red visual signal in violation of section eleven hundred seventy-
 four of this chapter through the installation and  operation  of  school
 bus photo violation monitoring systems, in accordance with article twen-
 ty-nine  of  this  chapter[,  or]; to comply with certain posted maximum
 speed limits in violation of subdivision (b), (d), (f) or (g) of section
 eleven hundred eighty of this chapter within a highway  construction  or
 maintenance  work  area  through the installation and operation of photo
 speed violation monitoring systems, in accordance with article thirty of
 this chapter; [or] to comply  with  gross  vehicle  weight  and/or  axle
 weight restrictions in violation of section three hundred eighty-five of
 this  chapter  and  the rules of the department of transportation of the
 city of New York through the installation  and  operation  of  weigh  in
 motion  violation  monitoring systems, in accordance with article ten of
 this chapter; OR TO COMPLY  WITH  BUS  OPERATION-RELATED  TRAFFIC  REGU-
 LATIONS  AS  DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION
 OF THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK
 THROUGH THE INSTALLATION AND OPERATION OF  BUS  OPERATION-RELATED  PHOTO
 DEVICES,  IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, (2) of
 the impending default judgment, (3) that such judgment will  be  entered
 in the Civil Court of the city in which the bureau has been established,
 or other court of civil jurisdiction or any other place provided for the
 entry  of  civil  judgments within the state of New York, and (4) that a
 default may be avoided by entering a plea or contesting an allegation of
 liability in accordance with any provisions of law specifically  author-
 izing the imposition of monetary liability on the owner of a vehicle for
 failure  of  an  operator  thereof: to comply with traffic-control indi-
 cations in violation of subdivision (d) of section eleven hundred eleven
 of this chapter through the installation and operation  of  traffic-con-
 trol signal photo violation-monitoring systems, in accordance with arti-
 cle  twenty-four  of this chapter; to comply with certain posted maximum
 speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)  of
 section  eleven  hundred eighty of this chapter through the installation
 and operation of photo speed violation monitoring systems, in accordance
 with  article  thirty  of  this  chapter;  to  comply  with   bus   lane
 restrictions  as  defined by article twenty-four of this chapter through
 the installation and operation of bus lane photo devices, in  accordance
 with article twenty-four of this chapter; to comply with toll collection
 regulations  of  certain public authorities through the installation and
 operation of photo-monitoring systems, in accordance with the provisions
 of section two thousand nine hundred eighty-five of the public  authori-
 ties  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
 seven hundred seventy-four of the laws of  nineteen  hundred  fifty;  to
 stop  for  a  school  bus displaying a red visual signal in violation of
 section eleven hundred seventy-four of this chapter through the  instal-
 lation  and  operation of school bus photo violation monitoring systems,
 in accordance with article twenty-nine of this chapter[, or]; to  comply
 with  certain  posted  maximum  speed limits in violation of subdivision
 (b), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
 within  a  highway  construction  or  maintenance  work area through the
 S. 4006--C                         71                         A. 3006--C
 
 installation and operation of photo speed violation monitoring  systems,
 in  accordance  with article thirty of this chapter; [or] to comply with
 gross vehicle weight and/or axle weight  restrictions  in  violation  of
 section  three  hundred eighty-five of this chapter and the rules of the
 department of transportation of the city of New York through the instal-
 lation and operation of weigh in motion violation monitoring systems, in
 accordance with article ten of this chapter; OR TO COMPLY WITH BUS OPER-
 ATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE  TWENTY-FOUR  OF
 THIS  CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPORTA-
 TION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND  OPERATION  OF
 BUS  OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-
 FOUR OF THIS CHAPTER; or making an appearance within thirty days of  the
 sending  of  such notice. Pleas entered and allegations contested within
 that period shall be in the manner prescribed  in  the  notice  and  not
 subject  to  additional penalty or fee. Such notice of impending default
 judgment shall not be required prior to the rendering and entry  thereof
 in the case of operators or owners who are non-residents of the state of
 New  York.  In  no  case  shall a default judgment be rendered or, where
 required, a notice of impending default judgment be sent, more than  two
 years after the expiration of the time prescribed for entering a plea or
 contesting  an allegation. When a person has demanded a hearing, no fine
 or penalty shall be imposed for any reason, prior to the holding of  the
 hearing.  If  the  hearing  examiner  shall  make a determination on the
 charges, sustaining them, he or she shall impose no greater  penalty  or
 fine than those upon which the person was originally charged.
   § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
 of the vehicle and traffic law, as separately added by chapters 421, 460
 and  773  of the laws of 2021, clause (vii) as renumbered by chapter 258
 of the laws of 2022, is amended to read as follows:
   (i) If at the time of application for a registration or renewal there-
 of there is a certification from a  court,  parking  violations  bureau,
 traffic  and  parking  violations  agency  or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry of a final decision in response to a
 total of three or more summonses or  other  process  in  the  aggregate,
 issued  within  an eighteen month period, charging either that: (i) such
 motor vehicle was parked, stopped or standing, or that such motor  vehi-
 cle  was operated for hire by the registrant or his or her agent without
 being licensed as a motor vehicle for  hire  by  the  appropriate  local
 authority,  in  violation of any of the provisions of this chapter or of
 any law, ordinance, rule or regulation made by  a  local  authority;  or
 (ii)  the  registrant  was  liable for a violation of subdivision (d) of
 section eleven hundred eleven of this  chapter  imposed  pursuant  to  a
 local  law  or  ordinance  imposing monetary liability on the owner of a
 vehicle for failure of an operator thereof to comply  with  traffic-con-
 trol  indications through the installation and operation of traffic-con-
 trol signal photo violation-monitoring systems, in accordance with arti-
 cle twenty-four of this chapter; or (iii) the registrant was liable  for
 a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
 hundred eighty of this  chapter  imposed  pursuant  to  a  demonstration
 program  imposing monetary liability on the owner of a vehicle for fail-
 ure of an operator thereof to comply  with  such  posted  maximum  speed
 limits  through  the installation and operation of photo speed violation
 monitoring systems, in accordance with article thirty of  this  chapter;
 S. 4006--C                         72                         A. 3006--C
 
 or  (iv)  the  registrant  was  liable  for  a  violation  of  bus  lane
 restrictions as defined by article twenty-four of this  chapter  imposed
 pursuant  to  a bus rapid transit program imposing monetary liability on
 the owner of a vehicle for failure of an operator thereof to comply with
 such bus lane restrictions through the installation and operation of bus
 lane photo devices, in accordance with article twenty-four of this chap-
 ter;  or (v) the registrant was liable for a violation of section eleven
 hundred seventy-four of this chapter when meeting a  school  bus  marked
 and  equipped  as  provided  in  subdivisions twenty and twenty-one-c of
 section three hundred seventy-five of this chapter imposed pursuant to a
 local law or ordinance imposing monetary liability on  the  owner  of  a
 vehicle for failure of an operator thereof to comply with school bus red
 visual  signals  through  the  installation  and operation of school bus
 photo violation monitoring systems, in accordance with  article  twenty-
 nine  of this chapter; or (vi) the registrant was liable for a violation
 of section three hundred eighty-five of this chapter and  the  rules  of
 the  department of transportation of the city of New York in relation to
 gross vehicle weight and/or axle weight violations imposed pursuant to a
 weigh in motion demonstration program imposing monetary liability on the
 owner of a vehicle for failure of an operator  thereof  to  comply  with
 such  gross  vehicle  weight and/or axle weight restrictions through the
 installation and operation  of  weigh  in  motion  violation  monitoring
 systems,  in  accordance  with article ten of this chapter; or (vii) the
 registrant was liable for a violation of subdivision (b),  (d),  (f)  or
 (g) of section eleven hundred eighty of this chapter imposed pursuant to
 a  demonstration  program  imposing monetary liability on the owner of a
 vehicle for failure of an operator thereof to comply  with  such  posted
 maximum  speed  limits within a highway construction or maintenance work
 area through the installation and operation  of  photo  speed  violation
 monitoring  systems,  in accordance with article thirty of this chapter,
 OR (VIII) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF BUS OPERATION-RE-
 LATED TRAFFIC REGULATIONS AS DEFINED  BY  ARTICLE  TWENTY-FOUR  OF  THIS
 CHAPTER  IMPOSED  PURSUANT  TO A DEMONSTRATION PROGRAM IMPOSING MONETARY
 LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN  OPERATOR  THEREOF
 TO  COMPLY  WITH  SUCH BUS OPERATION-RELATED TRAFFIC REGULATIONS THROUGH
 THE INSTALLATION AND OPERATION OF BUS OPERATION-RELATED  PHOTO  DEVICES,
 IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, the commissioner
 or  his  or her agent shall deny the registration or renewal application
 until the applicant provides proof from the court, traffic  and  parking
 violations  agency  or  administrative  tribunal wherein the charges are
 pending that an appearance or answer has been made or in the case of  an
 administrative  tribunal  that he or she has complied with the rules and
 regulations of said tribunal following entry of a final decision.  Where
 an application is denied pursuant to this section, the commissioner may,
 in  his or her discretion, deny a registration or renewal application to
 any other person for the same vehicle and may  deny  a  registration  or
 renewal  application  for any other motor vehicle registered in the name
 of the applicant where the commissioner has determined that such  regis-
 trant's  intent  has  been to evade the purposes of this subdivision and
 where the commissioner has  reasonable  grounds  to  believe  that  such
 registration  or  renewal will have the effect of defeating the purposes
 of this subdivision. Such denial shall only remain in effect as long  as
 the  summonses  remain  unanswered,  or in the case of an administrative
 tribunal, the registrant fails to comply with the rules and  regulations
 following entry of a final decision.
 S. 4006--C                         73                         A. 3006--C
 
   §  9.  Subdivision 1-a of section 1809 of the vehicle and traffic law,
 as separately added by chapters 421, 460 and 773 of the  laws  of  2021,
 paragraph  (g)  as  relettered  by  chapter  258 of the laws of 2022, is
 amended to read as follows:
   1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
 section, the provisions of subdivision one of  this  section  shall  not
 apply  to  an adjudication of liability of owners: (a) for violations of
 subdivision (d) of section eleven hundred eleven of this chapter imposed
 pursuant to a local law or ordinance imposing monetary liability on  the
 owner  of  a  vehicle  for failure of an operator thereof to comply with
 traffic-control indications through the installation  and  operation  of
 traffic-control signal photo violation-monitoring systems, in accordance
 with  article  twenty-four  of  this  chapter;  or (b) for violations of
 subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
 of  this  chapter  imposed  pursuant to a demonstration program imposing
 monetary liability on the owner of a vehicle for failure of an  operator
 thereof  to  comply  with  such  posted maximum speed limits through the
 installation and operation of photo speed violation monitoring  systems,
 in accordance with article thirty of this chapter; or (c) for violations
 of bus lane restrictions as defined by article twenty-four of this chap-
 ter  imposed  pursuant  to a bus rapid transit program imposing monetary
 liability on the owner of a vehicle for failure of an  operator  thereof
 to  comply  with such bus lane restrictions through the installation and
 operation of bus lane photo devices, in accordance with article  twenty-
 four  of  this  chapter;  or (d) for violations of toll collection regu-
 lations imposed by  certain  public  authorities  pursuant  to  the  law
 authorizing  such public authorities to impose monetary liability on the
 owner of a vehicle for failure of an operator  thereof  to  comply  with
 toll  collection  regulations  of  such  public  authorities through the
 installation and operation of photo-monitoring  systems,  in  accordance
 with  the provisions of section two thousand nine hundred eighty-five of
 the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
 sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
 hundred fifty; or (e) for violations of section eleven hundred  seventy-
 four  of  this  chapter when meeting a school bus marked and equipped as
 provided in  subdivisions  twenty  and  twenty-one-c  of  section  three
 hundred  seventy-five of this chapter imposed pursuant to a local law or
 ordinance imposing monetary liability on the  owner  of  a  vehicle  for
 failure  of  an  operator  thereof  to comply with school bus red visual
 signals through the installation  and  operation  of  school  bus  photo
 violation  monitoring systems, in accordance with article twenty-nine of
 this chapter; or (f) for violations of section three hundred eighty-five
 of this chapter and the rules of the department of transportation of the
 city of New York in relation to gross vehicle weight and/or axle  weight
 violations  imposed  pursuant to a weigh in motion demonstration program
 imposing monetary liability on the owner of a vehicle for failure of  an
 operator  thereof  to  comply with such gross vehicle weight and/or axle
 weight restrictions through the installation and operation of  weigh  in
 motion  violation  monitoring systems, in accordance with article ten of
 this chapter; or (g) for violations of subdivision (b), (d), (f) or  (g)
 of  section  eleven hundred eighty of this chapter imposed pursuant to a
 demonstration program imposing monetary liability  on  the  owner  of  a
 vehicle  for  failure  of an operator thereof to comply with such posted
 maximum speed limits within a highway construction or  maintenance  work
 area  through  the  installation  and operation of photo speed violation
 monitoring systems, in accordance with article thirty of  this  chapter;
 S. 4006--C                         74                         A. 3006--C
 
 OR  (H)  FOR  VIOLATIONS OF BUS OPERATION-RELATED TRAFFIC REGULATIONS AS
 DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER  IMPOSED  PURSUANT  TO  A
 DEMONSTRATION  PROGRAM  IMPOSING  MONETARY  LIABILITY  ON THE OWNER OF A
 VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS OPER-
 ATION-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION
 OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN-
 TY-FOUR OF THIS CHAPTER.
   §  10. Subdivision 1 of section 1809-a of the vehicle and traffic law,
 as amended by section 21 of part J of chapter 62 of the laws of 2003, is
 amended to read as follows:
   1. The provisions of any other general or special law notwithstanding,
 whenever, in a city having a population of one hundred thousand or  more
 according   to   the  nineteen  hundred  eighty  United  States  census,
 proceedings in an administrative tribunal or a court result in a finding
 of liability, or conviction for the violation of any statute, local law,
 ordinance or rule involving the parking, stopping or standing of a motor
 vehicle, EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
 OF BUS OPERATION-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWEN-
 TY-FOUR OF THIS CHAPTER IMPOSED  PURSUANT  TO  A  DEMONSTRATION  PROGRAM
 IMPOSING  MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
 OPERATOR THEREOF TO COMPLY WITH SUCH BUS OPERATION-RELATED TRAFFIC REGU-
 LATIONS THROUGH THE INSTALLATION AND OPERATION OF BUS  OPERATION-RELATED
 PHOTO  DEVICES,  IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER,
 there shall be levied a mandatory surcharge in  addition  to  any  other
 sentence, fine or penalty otherwise permitted or required, in the amount
 of fifteen dollars. Such surcharge shall not be deemed a monetary penal-
 ty  for the purposes of section two hundred thirty-seven of this chapter
 or section 19-203 of the administrative code of the city of New York.
   § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law,
 as added by section 7 of part C of chapter 55 of the laws  of  2013,  is
 amended to read as follows:
   1. Notwithstanding any other provision of law, whenever proceedings in
 an  administrative  tribunal  or  court  result  in  a  conviction for a
 violation of section  twelve  hundred,  twelve  hundred  one  or  twelve
 hundred  two  of this chapter, EXCEPT AN ADJUDICATION OF LIABILITY OF AN
 OWNER FOR A VIOLATION OF BUS OPERATION-RELATED  TRAFFIC  REGULATIONS  AS
 DEFINED  BY  ARTICLE  TWENTY-FOUR  OF THIS CHAPTER IMPOSED PURSUANT TO A
 DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY  ON  THE  OWNER  OF  A
 VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS OPER-
 ATION-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION
 OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN-
 TY-FOUR  OF THIS CHAPTER, there shall be levied a mandatory surcharge in
 addition to any other sentence, fine or penalty otherwise  permitted  or
 required, in the amount of twenty-five dollars.
   §  12.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as separately added by chapters 421, 460 and 773 of the
 laws of 2021, clause (viii) as renumbered by chapter 258 of the laws  of
 2022, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation  adopted  pursuant  to  this  chapter,  except: (i) a traffic
 infraction involving standing, stopping, or  parking  or  violations  by
 pedestrians  or  bicyclists; and (ii) an adjudication of liability of an
 S. 4006--C                         75                         A. 3006--C
 
 owner for a violation of subdivision (d) of section eleven hundred elev-
 en of this chapter imposed pursuant to a local law or ordinance imposing
 monetary liability on the owner of a vehicle for failure of an  operator
 thereof to comply with traffic-control indications through the installa-
 tion  and operation of traffic-control signal photo violation-monitoring
 systems, in accordance with article twenty-four  of  this  chapter;  and
 (iii) an adjudication of liability of an owner for a violation of subdi-
 vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
 this chapter imposed pursuant to a demonstration program imposing  mone-
 tary  liability  on  the  owner  of a vehicle for failure of an operator
 thereof to comply with such posted  maximum  speed  limits  through  the
 installation  and operation of photo speed violation monitoring systems,
 in accordance with article thirty of this chapter; and (iv)  an  adjudi-
 cation of liability of an owner for a violation of bus lane restrictions
 as  defined by article twenty-four of this chapter imposed pursuant to a
 bus rapid transit program imposing monetary liability on the owner of  a
 vehicle  for failure of an operator thereof to comply with such bus lane
 restrictions through the installation and operation of  bus  lane  photo
 devices, in accordance with article twenty-four of this chapter; and (v)
 an  adjudication  of  liability  of  an  owner  for  a violation of toll
 collection regulations imposed by certain public authorities pursuant to
 the law authorizing such public authorities to impose monetary liability
 on the owner of a vehicle for failure of an operator thereof  to  comply
 with  toll collection regulations of such public authorities through the
 installation and operation of photo-monitoring  systems,  in  accordance
 with section two thousand nine hundred eighty-five of the public author-
 ities  law  or  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
 seven hundred seventy-four of the laws of nineteen  hundred  fifty;  and
 (vi) an adjudication of liability of an owner for a violation of section
 eleven  hundred  seventy-four  of this chapter when meeting a school bus
 marked and equipped as provided in subdivisions twenty and  twenty-one-c
 of  section  three hundred seventy-five of this chapter imposed pursuant
 to a local law or ordinance imposing monetary liability on the owner  of
 a  vehicle  for failure of an operator thereof to comply with school bus
 red visual signals through the installation and operation of school  bus
 photo  violation  monitoring systems, in accordance with article twenty-
 nine of this chapter; and (vii) an adjudication of liability of an owner
 for a violation of section three hundred eighty-five of this chapter and
 the rules of the department of transportation of the city of New York in
 relation to gross vehicle weight and/or axle weight  violations  imposed
 pursuant  to  a  weigh in motion demonstration program imposing monetary
 liability on the owner of a vehicle for failure of an  operator  thereof
 to comply with such gross vehicle weight and/or axle weight restrictions
 through  the  installation  and  operation  of weigh in motion violation
 monitoring systems, in accordance with article ten of this chapter;  and
 (viii)  an  adjudication  of  liability  of  an owner for a violation of
 subdivision (b), (d), (f) or (g) of section  eleven  hundred  eighty  of
 this  chapter imposed pursuant to a demonstration program imposing mone-
 tary liability on the owner of a vehicle  for  failure  of  an  operator
 thereof to comply with such posted maximum speed limits within a highway
 construction or maintenance work area through the installation and oper-
 ation  of  photo  speed violation monitoring systems, in accordance with
 article thirty of this chapter; AND (IX) AN ADJUDICATION OF LIABILITY OF
 AN OWNER FOR A VIOLATION OF BUS OPERATION-RELATED TRAFFIC REGULATIONS AS
 DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER  IMPOSED  PURSUANT  TO  A
 DEMONSTRATION  PROGRAM  IMPOSING  MONETARY  LIABILITY  ON THE OWNER OF A
 S. 4006--C                         76                         A. 3006--C

 VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS OPER-
 ATION-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION
 OF BUS OPERATION-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN-
 TY-FOUR  OF  THIS  CHAPTER,  there  shall  be  levied in addition to any
 sentence, penalty or other surcharge required or permitted  by  law,  an
 additional surcharge of twenty-eight dollars.
   §  13.  Subdivision  2  of  section  87  of the public officers law is
 amended by adding a new paragraph (s) to read as follows:
   (S) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES  PREPARED  UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-C-ONE
 OF THE VEHICLE AND TRAFFIC LAW.
   § 14. Paragraph 3 of subdivision (a) of section 1111-c of the  vehicle
 and  traffic  law  is REPEALED and a new paragraph 3 is added to read as
 follows:
   3. (I) THE CITY OF NEW  YORK  SHALL  ADOPT  AND  ENFORCE  MEASURES  TO
 PROTECT  THE  PRIVACY  OF  DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS
 WHOSE IDENTITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A BUS LANE
 PHOTO DEVICE. SUCH MEASURES SHALL INCLUDE:
   (A) UTILIZATION OF NECESSARY TECHNOLOGIES TO  ENSURE,  TO  THE  EXTENT
 PRACTICABLE,  THAT  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR OTHER
 RECORDED IMAGES PRODUCED BY  SUCH  BUS  LANE  PHOTO  DEVICES  SHALL  NOT
 INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
 OF  THE  VEHICLE.  PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
 PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE SUCH A PHOTO-
 GRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED IMAGE ALLOWS FOR THE
 IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHI-
 CLE WHERE THE CITY SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY  WITH
 THE PROVISIONS OF THIS PARAGRAPH IN SUCH CASE;
   (B)  THE INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT
 REGULAR INTERVALS ALONG AND ADJACENT TO BUS LANES  STATING  THAT  MOBILE
 AND/OR  STATIONARY  BUS  LANE PHOTO DEVICES ARE USED TO ENFORCE BUS LANE
 RESTRICTIONS, IN CONFORMANCE WITH STANDARDS ESTABLISHED  IN  THE  MUTCD;
 AND
   (C)  OVERSIGHT  PROCEDURES  TO  ENSURE  COMPLIANCE  WITH  THE  PRIVACY
 PROTECTION MEASURES UNDER THIS SUBDIVISION.
   (II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR  ANY  OTHER  RECORDED
 IMAGE FROM A BUS LANE PHOTO DEVICE SHALL BE FOR THE EXCLUSIVE USE OF THE
 CITY  OF  NEW  YORK  FOR  THE  PURPOSE  OF THE ADJUDICATION OF LIABILITY
 IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE  OF
 LIABILITY  PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY SUCH CITY
 UPON THE FINAL RESOLUTION OF THE  NOTICE  OF  LIABILITY  TO  WHICH  SUCH
 PHOTOGRAPHS,   MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED  IMAGES
 RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE  OF  SUCH  NOTICE  OF
 LIABILITY,  WHICHEVER  IS  LATER.  NOTWITHSTANDING THE PROVISIONS OF ANY
 OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  VIDEOTAPE  OR  ANY  OTHER  RECORDED IMAGE FROM A BUS LANE PHOTO
 DEVICE SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL
 PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR ADMINISTRATIVE OR ADJUDI-
 CATORY BODY IN ANY ACTION OR PROCEEDING THEREIN  EXCEPT  THAT  WHICH  IS
 NECESSARY  FOR THE ADJUDICATION OF A NOTICE OF LIABILITY ISSUED PURSUANT
 TO THIS SECTION, AND NO PUBLIC ENTITY  OR  EMPLOYEE,  OFFICER  OR  AGENT
 THEREOF  SHALL  DISCLOSE SUCH INFORMATION, EXCEPT THAT SUCH PHOTOGRAPHS,
 MICROPHOTOGRAPHS, VIDEOTAPE OR  ANY  OTHER  RECORDED  IMAGES  FROM  SUCH
 SYSTEMS:
   (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
 VEHICLE  OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
 S. 4006--C                         77                         A. 3006--C
 
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
 OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
   (B)  (1)  SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
 BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
 SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE  LAW  OR  A  FEDERAL  COURT
 AUTHORIZED  TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
 SEARCH WARRANT STATES THAT THERE IS REASONABLE  CAUSE  TO  BELIEVE  SUCH
 INFORMATION  CONSTITUTES  EVIDENCE  OF,  OR TENDS TO DEMONSTRATE THAT, A
 MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN  THIS  STATE  OR  ANOTHER
 STATE,  OR  THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
 MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE,  PROVIDED,
 HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
 COURT  SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A  MISDEMEANOR  OR  FELONY
 AGAINST THE LAWS OF THIS STATE; AND
   (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
 A  JUDGE  OF  COMPETENT  JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
 HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF  A
 FEDERAL  COURT  AUTHORIZED  TO  ISSUE  SUCH A SUBPOENA DUCES TECUM UNDER
 FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
 REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
 THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY  AN  AUTHORIZED
 LAW  ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
 FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT  IF  SUCH
 OFFENSE  WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
 SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT  COMPRISING  SUCH  OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
 THIS STATE; AND
   (3)  MAY,  IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
 OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH  CRIMINAL
 ACTION OR PROCEEDING.
   (III) THE DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION IS
 PROHIBITED  FROM  UTILIZING  AND  FROM  ARRANGING FOR THE UTILIZATION OF
 BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT  LIMITED  TO  FACIAL
 RECOGNITION  TECHNOLOGY,  FOR  ANY PURPOSE. THE USE, AND THE ARRANGEMENT
 FOR THE USE, OF BIOMETRIC  IDENTIFYING  TECHNOLOGY,  INCLUDING  BUT  NOT
 LIMITED  TO  FACIAL  RECOGNITION TECHNOLOGY, ON PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE, OR ANY OTHER RECORDED IMAGE OR DATA PRODUCED BY A BUS
 LANE PHOTO DEVICE, BY ANY PERSON FOR ANY PURPOSE,  ARE  PROHIBITED.  FOR
 PURPOSES OF THIS SUBPARAGRAPH, "PERSON" SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO, A HUMAN BEING, A PUBLIC OR PRIVATE CORPORATION, AN UNINCORPORATED
 ASSOCIATION, A PARTNERSHIP, A GOVERNMENT OR A GOVERNMENTAL INSTRUMENTAL-
 ITY,  A COURT OR AN ADMINISTRATIVE OR ADJUDICATORY BODY, AND ANY EMPLOY-
 EE, OFFICER, AND AGENT OF THE FOREGOING.
   (IV) ANY APPLICABLE MASS  TRANSIT  AGENCY  OPERATING  BUS  LANE  PHOTO
 DEVICES  SHALL BE PROHIBITED FROM ACCESSING ANY PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPES, OTHER RECORDED IMAGES OR DATA FROM  BUS  LANE  PHOTO
 DEVICES BUT SHALL PROVIDE, PURSUANT TO AN AGREEMENT WITH THE CITY OF NEW
 YORK, FOR THE PROPER HANDLING AND CUSTODY OF SUCH PHOTOGRAPHS, MICROPHO-
 TOGRAPHS,  VIDEOTAPES,  OTHER  RECORDED IMAGES AND DATA PRODUCED BY SUCH
 SYSTEMS, AND FOR THE FORWARDING OF SUCH  PHOTOGRAPHS,  MICROPHOTOGRAPHS,
 VIDEOTAPES,  OTHER RECORDED IMAGES AND DATA TO SUCH CITY FOR THE PURPOSE
 OF DETERMINING WHETHER A MOTOR VEHICLE WAS OPERATED IN VIOLATION OF  BUS
 LANE  RESTRICTIONS  AND IMPOSING MONETARY LIABILITY ON THE OWNER OF SUCH
 MOTOR VEHICLE THEREFOR.
 S. 4006--C                         78                         A. 3006--C
 
   (V) EVERY BUS UPON WHICH A MOBILE BUS LANE PHOTO DEVICE  IS  INSTALLED
 AND OPERATED PURSUANT TO A BUS RAPID TRANSIT PROGRAM AUTHORIZED PURSUANT
 TO THIS SECTION SHALL BE EQUIPPED WITH SIGNS, PLACARDS OR OTHER DISPLAYS
 GIVING NOTICE TO APPROACHING MOTOR VEHICLE OPERATORS THAT BUS LANE PHOTO
 DEVICES ARE USED TO ENFORCE BUS LANE RESTRICTIONS.
   § 15. Subdivision (c) of section 1111-c of the vehicle and traffic law
 is  amended  by  adding  four  new  paragraphs 7, 8, 9 and 10 to read as
 follows:
   7. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD"  SHALL  MEAN
 THE  MANUAL  AND  SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
 DEVICES MAINTAINED BY THE COMMISSIONER  OF  TRANSPORTATION  PURSUANT  TO
 SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
   8.  "BIOMETRIC  IDENTIFYING  TECHNOLOGY"  SHALL MEAN ANY TOOL USING AN
 AUTOMATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN VERIFYING A PERSON'S
 IDENTITY BASED ON A PERSON'S BIOMETRIC INFORMATION.
   9. "BIOMETRIC INFORMATION" SHALL MEAN ANY MEASURABLE PHYSICAL, PHYSIO-
 LOGICAL OR BEHAVIORAL CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON,
 INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT CHARAC-
 TERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS,  VOCAL  CHARACTER-
 ISTICS,  AND  ANY  OTHER  CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A
 PERSON INCLUDING, BUT NOT LIMITED TO: FINGERPRINTS;  HANDPRINTS;  RETINA
 AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOMETRY.
   10.  "FACIAL  RECOGNITION"  SHALL  MEAN ANY TOOL USING AN AUTOMATED OR
 SEMI-AUTOMATED PROCESS THAT ASSISTS IN UNIQUELY IDENTIFYING OR VERIFYING
 A PERSON BY COMPARING AND ANALYZING PATTERNS BASED ON THE PERSON'S FACE.
   § 16. Subdivision (e) of section 1111-c of  the  vehicle  and  traffic
 law,  as  amended  by  section  1 of part D of chapter 39 of the laws of
 2019, is amended to read as follows:
   (e) An owner liable for a violation of a bus lane restriction  imposed
 on  any  route  within  a  bus rapid transit program shall be liable for
 monetary penalties in accordance with a schedule of fines and  penalties
 promulgated  by  the parking violations bureau of the city of New York[;
 provided, however, that the monetary penalty for violating  a  bus  lane
 restriction].  THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION shall
 not exceed fifty dollars FOR A FIRST VIOLATION, one hundred dollars  for
 a  second  [offense] VIOLATION within a twelve-month period, one hundred
 fifty dollars for a third  [offense]  VIOLATION  within  a  twelve-month
 period,  two  hundred  dollars for a fourth [offense] VIOLATION within a
 twelve-month period, and two hundred fifty dollars for  each  subsequent
 [offense]  VIOLATION  within  a  twelve-month period; provided, further,
 that an owner shall be liable for an additional penalty  not  to  exceed
 twenty-five  dollars  for each violation for the failure to respond to a
 notice of liability within the prescribed time period.
   § 17. Subdivision (j) of section 1111-c of  the  vehicle  and  traffic
 law,  as  amended  by section 6 of part NNN of chapter 59 of the laws of
 2018, is amended to read as follows:
   (j) 1. If the owner liable for a violation of a bus  lane  restriction
 was  not  the  operator of the vehicle at the time of the violation, the
 owner may maintain an action for indemnification against the operator.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
 VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
 OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY  A
 BUS  LANE RESTRICTION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL BE A
 PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE
 S. 4006--C                         79                         A. 3006--C
 
 WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
 BUS LANE RESTRICTION.
   §  18.  The  opening  paragraph  and paragraph 6 of subdivision (l) of
 section 1111-c of the vehicle and traffic law, as amended by  section  6
 of  part  NNN  of chapter 59 of the laws of 2018, are amended to read as
 follows:
   If the city of New York  adopts  a  bus  rapid  transit  demonstration
 program  pursuant  to  subdivision (a) of this section it shall submit a
 report on the results of the use of bus lane photo devices to the gover-
 nor, the temporary president of the senate and the speaker of the assem-
 bly by April first, two thousand twelve and every two years  thereafter.
 THE  CITY OF NEW YORK AND APPLICABLE MASS TRANSIT AGENCY SHALL ALSO MAKE
 SUCH REPORTS AVAILABLE ON THEIR PUBLIC-FACING  WEBSITES,  PROVIDED  THAT
 THEY  MAY  PROVIDE AGGREGATE DATA FROM PARAGRAPH ONE OF THIS SUBDIVISION
 IF THE CITY FINDS THAT PUBLISHING SPECIFIC LOCATION DATA WOULD  JEOPARD-
 IZE PUBLIC SAFETY. Such report shall include, but not be limited to:
   6.  the  total amount of revenue realized by such city and any partic-
 ipating mass transit agency AND AN ITEMIZED LIST OF EXPENDITURES MADE BY
 THE PARTICIPATING MASS TRANSIT AGENCY WITH THESE REVENUES;
   § 19. Section 1111-c of the vehicle and  traffic  law  is  amended  by
 adding a new subdivision (n) to read as follows:
   (N)  IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF A BUS
 LANE RESTRICTION PURSUANT TO A BUS RAPID TRANSIT PROGRAM ADOPTED  PURSU-
 ANT TO THIS SECTION THAT SUCH BUS LANE PHOTO DEVICES WERE MALFUNCTIONING
 AT THE TIME OF THE ALLEGED VIOLATION.
   §  20. The opening paragraph of section 14 of part II of chapter 59 of
 the laws of 2010, amending the vehicle and traffic law  and  the  public
 officers  law relating to establishing a bus rapid transit demonstration
 program to restrict the use of bus lanes by  means  of  bus  lane  photo
 devices,  as amended by section 2 of part D of chapter 39 of the laws of
 2019, is amended to read as follows:
   This act shall take effect on the ninetieth day after  it  shall  have
 become  a law and shall expire [15 years after such effective date] JULY
 1, 2028 when upon such date the provisions of this act shall  be  deemed
 repealed;  and  provided  that any rules and regulations related to this
 act shall be promulgated on or  before  such  effective  date,  provided
 that:
   § 21. This act shall take effect one year after it shall have become a
 law; provided, however, that sections one and thirteen of this act shall
 expire  on  July  1,  2028,  when  upon such date the provisions of such
 sections shall be deemed repealed; provided further, however,  that  the
 amendments to subdivision 1 of section 1809-a of the vehicle and traffic
 law  made by section ten of this act shall not affect the repeal of such
 subdivision and  shall  be  deemed  repealed  therewith;  and  provided,
 further,  that the amendments to section 1111-c of the vehicle and traf-
 fic law made by sections fourteen, fifteen, sixteen, seventeen, eighteen
 and nineteen of this act shall not affect the repeal of such section and
 shall be deemed to be repealed therewith.   Effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of section one of this act on its effective  date
 are  authorized  to  be  made  and completed on or before such effective
 date.
 
                                  PART NN
 S. 4006--C                         80                         A. 3006--C
 
   Section 1. 1. The Metropolitan Transportation Authority ("the authori-
 ty") shall take necessary steps to establish and implement  a  fare-free
 bus pilot program within the City of New York. The authority shall pres-
 ent  the  fare-free bus pilot program to its board for approval no later
 than 60 days after the effective date of this act, for implementation no
 later than 90 days after board adoption.
   2.  The  purpose of the fare-free bus pilot program shall be to under-
 stand the impact of fare-free bus routes on ridership, quality  of  life
 issues,  bus  speed  performance,  operations, and related issues as the
 authority deems relevant.
   3. The fare-free bus pilot program shall consist of five fare-free bus
 routes and shall cost no more than fifteen million dollars in net  oper-
 ating costs.  Net operating costs shall be determined by the total costs
 of  implementing the fare-free bus pilot program and shall not accrue to
 the City of New York.
   4. The fare-free bus  routes  included  in  the  fare-free  bus  pilot
 program shall be selected by the authority, provided that there shall be
 at  least one fare-free bus route within each of the following counties:
 Kings County, New York County, Queens County, Richmond County and  Bronx
 County.  The factors considered by the authority in selecting such fare-
 free  bus  routes shall include but not be limited to: (a) fare evasion;
 (b)   ridership,   including   subway   ridership   and   ridership   on
 adjacent/redundant  bus routes; (c) service adequacy and equity for low-
 income and economically disadvantaged communities;  and  (d)  access  to
 employment  and  commercial  activity  in  areas served by the fare-free
 routes.
   5. No express bus routes shall be included in the fare-free bus  pilot
 program.
   6.  The authority shall report to its board on the fare-free bus pilot
 program after it has been in effect for six months and  again  upon  the
 conclusion  of the pilot.  Such reports shall also be sent to the Gover-
 nor, the temporary president of the  Senate,  and  the  speaker  of  the
 Assembly,  and  shall  include,  but  not  be  limited to, the following
 comparative performance metrics: (a) ridership totals relative to equiv-
 alent time periods before  the  pilot  took  effect;  (b)  increases  or
 decreases  in fare evasion  on adjacent/redundant bus routes and subways
 during the fare-free bus pilot program relative to the  equivalent  time
 period  before  the fare-free bus pilot program took effect; (c) percent
 of scheduled service delivered; (d) average end-to-end bus speed  chang-
 es;  (e) customer journey time performance; (f) additional bus stop time
 and travel time; (g) wait assessments; (h)  the  cost  to  provide  such
 service  itemized by route; (i) scheduled service frequency; and (j) any
 other impacts associated with and  resulting  from  such  fare-free  bus
 pilot program.
   7.  The  fare-free  bus routes shall revert to regular revenue service
 six to twelve months after the fare-free bus pilot program begins.
   § 2. This act shall take effect immediately.
 
                                  PART OO
 
   Section 1. Subdivision 2 of section 509-a of the  racing,  pari-mutuel
 wagering and breeding law, as amended by section 1 of part DD of chapter
 59 of the laws of 2022, is amended to read as follows:
   2.  a. Notwithstanding any other provision of law or regulation to the
 contrary, from April nineteenth, two thousand twenty-one to March  thir-
 ty-first,  two  thousand  twenty-two, twenty-three percent of the funds,
 S. 4006--C                         81                         A. 3006--C
 
 not to exceed two and one-half million dollars,  in  the  Catskill  off-
 track  betting  corporation's  capital acquisition fund and twenty-three
 percent of the funds, not to exceed four hundred forty thousand dollars,
 in  the Capital off-track betting corporation's capital acquisition fund
 established pursuant to this section shall also  be  available  to  such
 off-track betting corporation for the purposes of statutory obligations,
 payroll, and expenditures necessary to accept authorized wagers.
   b.  Notwithstanding  any  other  provision of law or regulation to the
 contrary, from April first, two thousand  twenty-two  to  March  thirty-
 first, two thousand twenty-three, twenty-three percent of the funds, not
 to  exceed  two  and one-half million dollars, in the Catskill off-track
 betting corporation's capital acquisition fund established  pursuant  to
 this  section, and twenty-three percent of the funds, not to exceed four
 hundred forty thousand dollars, in the Capital off-track betting  corpo-
 ration's  capital acquisition fund established pursuant to this section,
 shall be available  to  such  off-track  betting  corporations  for  the
 purposes  of  statutory obligations, payroll, and expenditures necessary
 to accept authorized wagers.
   c. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  OR  REGULATION  TO  THE
 CONTRARY,  FROM  APRIL FIRST, TWO THOUSAND TWENTY-THREE TO MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-FOUR, TWENTY-THREE PERCENT OF THE FUNDS,  NOT
 TO  EXCEED  TWO  AND ONE-HALF MILLION DOLLARS, IN THE CATSKILL OFF-TRACK
 BETTING CORPORATION'S CAPITAL ACQUISITION FUND ESTABLISHED  PURSUANT  TO
 THIS  SECTION,  AND ONE MILLION DOLLARS IN THE CAPITAL OFF-TRACK BETTING
 CORPORATION'S CAPITAL ACQUISITION  FUND  ESTABLISHED  PURSUANT  TO  THIS
 SECTION,  SHALL  BE  AVAILABLE TO SUCH OFF-TRACK BETTING CORPORATION FOR
 THE PURPOSES OF EXPENDITURES NECESSARY TO ACCEPT AUTHORIZED WAGERS; PAST
 DUE STATUTORY OBLIGATIONS TO NEW  YORK  LICENSED  OR  FRANCHISED  RACING
 CORPORATIONS  OR  ASSOCIATIONS;  PAST DUE CONTRACTUAL OBLIGATIONS DUE TO
 OTHER RACING ASSOCIATIONS OR ORGANIZATIONS FOR THE COSTS OF ACQUIRING  A
 SIMULCAST  SIGNAL; PAST DUE STATUTORY PAYMENT OBLIGATIONS DUE TO THE NEW
 YORK STATE THOROUGHBRED BREEDING AND DEVELOPMENT FUND CORPORATION, AGRI-
 CULTURE AND NEW YORK STATE HORSE  BREEDING  DEVELOPMENT  FUND,  AND  THE
 HARRY    M.  ZWEIG MEMORIAL FUND FOR EQUINE RESEARCH; AND PAST DUE OBLI-
 GATIONS DUE THE STATE.
   D. Prior to a corporation being able to utilize the  funds  authorized
 by paragraph [b] C of this subdivision, the corporation must ATTEST THAT
 THE  SURCHARGE MONIES FROM SECTION FIVE HUNDRED THIRTY-TWO OF THIS CHAP-
 TER ARE BEING HELD SEPARATE AND APART FROM ANY AMOUNTS OTHERWISE AUTHOR-
 IZED TO BE RETAINED FROM PARI-MUTUEL   POOLS AND  ALL  SURCHARGE  MONIES
 HAVE  BEEN  AND WILL CONTINUE TO BE PAID TO THE LOCALITIES AS PRESCRIBED
 IN LAW.  ONCE THIS CONDITION IS SATISFIED, THE CORPORATION  MUST  submit
 an expenditure plan to the gaming commission for review. Such plan shall
 include the corporation's outstanding liabilities, projected revenue for
 the upcoming year, a detailed explanation of how the funds will be used,
 and  any  other  information NECESSARY TO DETAIL SUCH PLAN AS determined
 [necessary] by the commission. Upon review, the commission [will]  SHALL
 make  a  determination  as to whether [access to the funds is needed and
 warranted] THE REQUIREMENTS OF THIS PARAGRAPH HAVE  BEEN  SATISFIED  AND
 NOTIFY  THE  CORPORATION  OF EXPENDITURE PLAN APPROVAL. IN THE EVENT THE
 COMMISSION DETERMINES THE REQUIREMENTS OF THIS PARAGRAPH HAVE  NOT  BEEN
 SATISFIED,  THE COMMISSION SHALL NOTIFY THE CORPORATION OF ALL DEFICIEN-
 CIES NECESSARY FOR APPROVAL. AS A CONDITION  OF  SUCH  EXPENDITURE  PLAN
 APPROVAL,  THE  CORPORATION  SHALL PROVIDE A REPORT TO THE COMMISSION NO
 LATER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-THREE, WHICH SHALL INCLUDE
 AN ACCOUNTING OF THE USE OF SUCH FUNDS. AT SUCH TIME, THE COMMISSION MAY
 S. 4006--C                         82                         A. 3006--C
 
 CAUSE AN INDEPENDENT AUDIT TO BE CONDUCTED OF THE CORPORATION'S BOOKS TO
 ENSURE THAT ALL MONEYS WERE SPENT AS INDICATED IN  SUCH  APPROVED  PLAN.
 THE  AUDIT  SHALL BE PAID FOR FROM MONEY IN THE FUND ESTABLISHED BY THIS
 SECTION.  IF  THE  AUDIT  DETERMINES  THAT  A CORPORATION USED THE MONEY
 AUTHORIZED UNDER THIS SECTION FOR A PURPOSE OTHER  THAN  ONE  LISTED  IN
 THEIR EXPENDITURE PLAN, THEN THE CORPORATION SHALL REIMBURSE THE CAPITAL
 ACQUISITION FUND FOR THE UNAUTHORIZED AMOUNT.
   § 2. This act shall take effect immediately.
 
                                  PART PP
 
   Section  1. The state comptroller is hereby authorized and directed to
 loan money in accordance with the provisions set forth in subdivision  5
 of  section  4  of  the  state finance law to the following funds and/or
 accounts:
   1. DOL-Child performer protection account (20401).
   2. Local government records management account (20501).
   3. Child health plus program account (20810).
   4. EPIC premium account (20818).
   5. Education - New (20901).
   6. VLT - Sound basic education fund (20904).
   7.  Sewage  treatment  program  management  and  administration   fund
 (21000).
   8. Hazardous bulk storage account (21061).
   9. Utility environmental regulatory account (21064).
   10. Federal grants indirect cost recovery account (21065).
   11. Low level radioactive waste account (21066).
   12. Recreation account (21067).
   13. Public safety recovery account (21077).
   14. Environmental regulatory account (21081).
   15. Natural resource account (21082).
   16. Mined land reclamation program account (21084).
   17. Great lakes restoration initiative account (21087).
   18. Environmental protection and oil spill compensation fund (21200).
   19. Public transportation systems account (21401).
   20. Metropolitan mass transportation (21402).
   21. Operating permit program account (21451).
   22. Mobile source account (21452).
   23. Statewide   planning   and  research  cooperative  system  account
 (21902).
   24. New York state thruway authority account (21905).
   25. Mental hygiene program fund account (21907).
   26. Mental hygiene patient income account (21909).
   27. Financial control board account (21911).
   28. Regulation of racing account (21912).
   29. State university dormitory income reimbursable account (21937).
   30. Criminal justice improvement account (21945).
   31. Environmental laboratory reference fee account (21959).
   32. Training, management and evaluation account (21961).
   33. Clinical laboratory reference system assessment account (21962).
   34. Indirect cost recovery account (21978).
   35. Multi-agency training account (21989).
   36. Bell jar collection account (22003).
   37. Industry and utility service account (22004).
   38. Real property disposition account (22006).
   39. Parking account (22007).
 S. 4006--C                         83                         A. 3006--C
 
   40. Courts special grants (22008).
   41. Asbestos safety training program account (22009).
   42. Batavia school for the blind account (22032).
   43. Investment services account (22034).
   44. Surplus property account (22036).
   45. Financial oversight account (22039).
   46. Regulation of Indian gaming account (22046).
   47. Rome school for the deaf account (22053).
   48. Seized assets account (22054).
   49. Administrative adjudication account (22055).
   50. New York City assessment account (22062).
   51. Cultural education account (22063).
   52. Local services account (22078).
   53. DHCR mortgage servicing account (22085).
   54. Housing indirect cost recovery account (22090).
   55. Voting Machine Examinations account (22099).
   56. DHCR-HCA application fee account (22100).
   57. Low income housing monitoring account (22130).
   58. Restitution account (22134).
   59. Corporation administration account (22135).
   60.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
 account (22144).
   61. Deferred compensation administration account (22151).
   62. Rent revenue other New York City account (22156).
   63. Rent revenue account (22158).
   64. Transportation aviation account (22165).
   65. Tax revenue arrearage account (22168).
   66. New York State Campaign Finance Fund account (22211).
   67. New York state medical indemnity fund account (22240).
   68. Behavioral health parity compliance fund (22246).
   69. Pharmacy benefit manager regulatory fund (22255).
   70. State university general income offset account (22654).
   71. Lake George park trust fund account (22751).
   72. Highway safety program account (23001).
   73. DOH drinking water program account (23102).
   74. NYCCC operating offset account (23151).
   75. Commercial gaming revenue account (23701).
   76. Commercial gaming regulation account (23702).
   77. Highway use tax administration account (23801).
   78. New York state secure choice administrative account (23806).
   79. New York state cannabis revenue fund (24800).
   80. Fantasy sports administration account (24951).
   81. Mobile sports wagering fund (24955).
   82. Highway and bridge capital account (30051).
   83. State university residence hall rehabilitation fund (30100).
   84. State parks infrastructure account (30351).
   85. Clean water/clean air implementation fund (30500).
   86. Hazardous waste remedial cleanup account (31506).
   87. Youth facilities improvement account (31701).
   88. Housing assistance fund (31800).
   89. Housing program fund (31850).
   90. Highway facility purpose account (31951).
   91. New York racing account (32213).
   92. Capital miscellaneous gifts account (32214).
   93. Information technology capital financing account (32215).
 S. 4006--C                         84                         A. 3006--C
 
   94. New York environmental protection and  spill  remediation  account
 (32219).
   95. Mental hygiene facilities capital improvement fund (32300).
   96. Correctional facilities capital improvement fund (32350).
   97. New York State Storm Recovery Capital Fund (33000).
   98. OGS convention center account (50318).
   99. Empire Plaza Gift Shop (50327).
   100.  Unemployment Insurance Benefit Fund, Interest Assessment Account
 (50651).
   101. Centralized services fund (55000).
   102. Archives records management account (55052).
   103. Federal single audit account (55053).
   104. Civil service administration account (55055).
   105. Civil service EHS occupational health program account (55056).
   106. Banking services account (55057).
   107. Cultural resources survey account (55058).
   108. Neighborhood work project account (55059).
   109. Automation & printing chargeback account (55060).
   110. OFT NYT account (55061).
   111. Data center account (55062).
   112. Intrusion detection account (55066).
   113. Domestic violence grant account (55067).
   114. Centralized technology services account (55069).
   115. Labor contact center account (55071).
   116. Human services contact center account (55072).
   117. Tax contact center account (55073).
   118. Department of law civil recoveries account (55074).
   119. Executive direction internal audit account (55251).
   120. CIO Information technology centralized services account (55252).
   121. Health insurance internal service account (55300).
   122. Civil service employee benefits division  administrative  account
 (55301).
   123. Correctional industries revolving fund (55350).
   124. Employees health insurance account (60201).
   125. Medicaid management information system escrow fund (60900).
   126. Virtual currency assessments account.
   § 1-a. The state comptroller is hereby authorized and directed to loan
 money  in  accordance  with the provisions set forth in subdivision 5 of
 section 4 of the state finance law to any account within  the  following
 federal  funds,  provided  the comptroller has made a determination that
 sufficient federal grant award authority is available to reimburse  such
 loans:
   1. Federal USDA-food and nutrition services fund (25000).
   2. Federal health and human services fund (25100).
   3. Federal education fund (25200).
   4. Federal block grant fund (25250).
   5. Federal miscellaneous operating grants fund (25300).
   6. Federal unemployment insurance administration fund (25900).
   7. Federal unemployment insurance occupational training fund (25950).
   8. Federal emergency employment act fund (26000).
   9. Federal capital projects fund (31350).
   §  2.  Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, on
 or before March 31, 2024, up to the unencumbered balance or the  follow-
 ing amounts:
 S. 4006--C                         85                         A. 3006--C
 
   Economic Development and Public Authorities:
   1. $1,175,000 from the miscellaneous special revenue fund, underground
 facilities safety training account (22172), to the general fund.
   2.  An  amount  up  to the unencumbered balance from the miscellaneous
 special revenue fund, business and licensing services  account  (21977),
 to the general fund.
   3.  $19,810,000  from  the  miscellaneous  special  revenue fund, code
 enforcement account (21904), to the general fund.
   4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
 revenue fund, tax revenue arrearage account (22168).
   Education:
   1.  $2,303,000,000  from  the  general fund to the state lottery fund,
 education account (20901), as reimbursement for disbursements made  from
 such  fund for supplemental aid to education pursuant to section 92-c of
 the state finance law that are in excess of  the  amounts  deposited  in
 such fund for such purposes pursuant to section 1612 of the tax law.
   2. $1,033,000,000 from the general fund to the state lottery fund, VLT
 education  account (20904), as reimbursement for disbursements made from
 such fund for supplemental aid to education pursuant to section 92-c  of
 the  state  finance  law  that are in excess of the amounts deposited in
 such fund for such purposes pursuant to section 1612 of the tax law.
   3. $137,789,000 from the general fund to the New York state commercial
 gaming fund, commercial gaming revenue account (23701), as reimbursement
 for disbursements made from such fund for supplemental aid to  education
 pursuant  to section 97-nnnn of the state finance law that are in excess
 of the amounts deposited in such fund for purposes pursuant  to  section
 1352 of the racing, pari-mutuel wagering and breeding law.
   4.  $1,061,047,000 from the general fund to the mobile sports wagering
 fund, education account (24955), as reimbursement for disbursements made
 from such fund for supplemental aid to  education  pursuant  to  section
 92-c of the state finance law that are in excess of the amounts deposit-
 ed  in  such  fund  for  such  purposes  pursuant to section 1367 of the
 racing, pari-mutuel wagering and breeding law.
   5. $7,000,000 from the interactive fantasy sports fund, fantasy sports
 education account (24950), to the state lottery fund, education  account
 (20901),  as  reimbursement  for  disbursements  made from such fund for
 supplemental aid to education pursuant to  section  92-c  of  the  state
 finance law.
   6.  An  amount up to the unencumbered balance in the fund on March 31,
 2024 from the charitable gifts  trust  fund,  elementary  and  secondary
 education  account  (24901), to the general fund, for payment of general
 support for public schools pursuant to section 3609-a of  the  education
 law.
   7. Moneys from the state lottery fund (20900) up to an amount deposit-
 ed in such fund pursuant to section 1612 of the tax law in excess of the
 current year appropriation for supplemental aid to education pursuant to
 section 92-c of the state finance law.
   8.  $300,000  from the New York state local government records manage-
 ment improvement  fund,  local  government  records  management  account
 (20501), to the New York state archives partnership trust fund, archives
 partnership trust maintenance account (20351).
   9. $900,000 from the general fund to the miscellaneous special revenue
 fund, Batavia school for the blind account (22032).
   10. $900,000 from the general fund to the miscellaneous special reven-
 ue fund, Rome school for the deaf account (22053).
 S. 4006--C                         86                         A. 3006--C
 
   11.  $343,400,000  from  the  state  university  dormitory income fund
 (40350) to the miscellaneous  special  revenue  fund,  state  university
 dormitory income reimbursable account (21937).
   12.  $8,318,000  from  the general fund to the state university income
 fund, state university income offset account (22654),  for  the  state's
 share of repayment of the STIP loan.
   13. $53,000,000 from the state university income fund, state universi-
 ty hospitals income reimbursable account (22656) to the general fund for
 hospital  debt  service  for  the period April 1, 2023 through March 31,
 2024.
   14. $5,160,000 from the miscellaneous special revenue fund, office  of
 the  professions  account (22051), to the miscellaneous capital projects
 fund, office of the professions electronic licensing account (32222).
   15. $24,000,000 from any of the state education  department's  special
 revenue  and internal service funds to the miscellaneous special revenue
 fund, indirect cost recovery account (21978).
   16. $4,200,000 from any of the state  education  department's  special
 revenue or internal service funds to the capital projects fund (30000).
   17.  $30,013,000  from  the  general fund to the miscellaneous special
 revenue fund, HESC-insurance premium payments account (21960).
   Environmental Affairs:
   1. $16,000,000 from any of the department of  environmental  conserva-
 tion's  special  revenue federal funds, and/or federal capital funds, to
 the environmental conservation special revenue  fund,  federal  indirect
 recovery account (21065).
   2.  $5,000,000  from  any of the department of environmental conserva-
 tion's special revenue federal funds, and/or federal capital  funds,  to
 the  conservation  fund  (21150)  or Marine Resources Account (21151) as
 necessary to avoid diversion of conservation funds.
   3. $3,000,000 from any of the office of parks, recreation and historic
 preservation capital projects federal funds and special revenue  federal
 funds  to the miscellaneous special revenue fund, federal grant indirect
 cost recovery account (22188).
   4. $1,000,000 from any of the office of parks, recreation and historic
 preservation special revenue federal funds to the miscellaneous  capital
 projects fund, I love NY water account (32212).
   5.  $100,000,000 from the general fund to the environmental protection
 fund, environmental protection fund transfer account (30451).
   6. $6,000,000 from the general fund to the  hazardous  waste  remedial
 fund, hazardous waste oversight and assistance account (31505).
   7.  An  amount  up  to or equal to the cash balance within the special
 revenue-other waste management & cleanup account (21053) to the  capital
 projects  fund  (30000) for services and capital expenses related to the
 management and cleanup program as put forth in section  27-1915  of  the
 environmental conservation law.
   8.  $1,800,000  from  the  miscellaneous  special revenue fund, public
 service account (22011) to the miscellaneous special revenue fund, util-
 ity environmental regulatory account (21064).
   9. $7,000,000 from the general fund to the enterprise fund, state fair
 account (50051).
   10. $4,000,000 from the waste management & cleanup account (21053)  to
 the general fund.
   11.  $3,000,000 from the waste management & cleanup account (21053) to
 the environmental protection fund transfer account (30451).
   12. Up to $10,000,000 from  the  general  fund  to  the  miscellaneous
 special revenue fund, patron services account (22163).
 S. 4006--C                         87                         A. 3006--C
 
   13. $500,000 from the general fund to the miscellaneous special reven-
 ue fund, authority budget office account (22138).
   Family Assistance:
   1.  $7,000,000 from any of the office of children and family services,
 office of temporary and disability assistance, or department  of  health
 special  revenue  federal funds and the general fund, in accordance with
 agreements with social services districts, to the miscellaneous  special
 revenue  fund, office of human resources development state match account
 (21967).
   2. $4,000,000 from any of the office of children and  family  services
 or office of temporary and disability assistance special revenue federal
 funds to the miscellaneous special revenue fund, family preservation and
 support services and family violence services account (22082).
   3. $18,670,000 from any of the office of children and family services,
 office  of  temporary and disability assistance, or department of health
 special revenue federal  funds  and  any  other  miscellaneous  revenues
 generated  from  the operation of office of children and family services
 programs to the general fund.
   4. $175,000,000 from any of the office  of  temporary  and  disability
 assistance  or department of health special revenue funds to the general
 fund.
   5. $2,500,000 from any of  the  office  of  temporary  and  disability
 assistance  special  revenue  funds to the miscellaneous special revenue
 fund, office of temporary  and  disability  assistance  program  account
 (21980).
   6. $35,000,000 from any of the office of children and family services,
 office  of temporary and disability assistance, department of labor, and
 department of health special revenue federal  funds  to  the  office  of
 children  and family services miscellaneous special revenue fund, multi-
 agency training contract account (21989).
   7. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
 facility per diem account (22186), to the general fund.
   8.  $621,850  from the general fund to the combined gifts, grants, and
 bequests fund, WB Hoyt Memorial account (20128).
   9. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
 central registry (22028), to the general fund.
   10.  $900,000  from  the general fund to the Veterans' Remembrance and
 Cemetery Maintenance and Operation account (20201).
   11. $905,000,000 from the general fund to  the  housing  program  fund
 (31850).
   12.  Up  to  $10,000,000 from any of the office of children and family
 services special revenue federal funds to the office of the court admin-
 istration special revenue other federal iv-e funds account.
   General Government:
   1. $12,000,000 from the general fund to the health insurance revolving
 fund (55300).
   2. $292,400,000  from  the  health  insurance  reserve  receipts  fund
 (60550) to the general fund.
   3. $150,000 from the general fund to the not-for-profit revolving loan
 fund (20650).
   4. $150,000 from the not-for-profit revolving loan fund (20650) to the
 general fund.
   5.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
 property account (22036), to the general fund.
   6. $19,000,000 from the miscellaneous special  revenue  fund,  revenue
 arrearage account (22024), to the general fund.
 S. 4006--C                         88                         A. 3006--C
 
   7.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
 arrearage account (22024), to the miscellaneous  special  revenue  fund,
 authority budget office account (22138).
   8.  $1,000,000  from  the  miscellaneous special revenue fund, parking
 account (22007), to the general fund, for the purpose of reimbursing the
 costs of debt service related to state parking facilities.
   9. $11,460,000 from the general fund to the agencies internal  service
 fund,  central  technology  services account (55069), for the purpose of
 enterprise technology projects.
   10. $10,000,000 from the general fund to the agencies internal service
 fund, state data center account (55062).
   11. $12,000,000 from the miscellaneous special revenue  fund,  parking
 account  (22007), to the centralized services, building support services
 account (55018).
   12. $30,000,000 from the general fund to the  internal  service  fund,
 business services center account (55022).
   13.  $8,000,000  from  the  general fund to the internal service fund,
 building support services account (55018).
   14. $1,500,000 from the combined expendable trust fund, plaza  special
 events account (20120), to the general fund.
   15.  $50,000,000 from the New York State cannabis revenue fund (24800)
 to the general fund.
   16. A transfer from the general  fund  to  the  miscellaneous  special
 revenue  fund,  New York State Campaign Finance Fund Account (22211), up
 to an amount equal to total reimbursements due to qualified candidates.
   17. $6,000,000 from the miscellaneous special revenue fund,  standards
 and purchasing account (22019), to the general fund.
   Health:
   1.  A transfer from the general fund to the combined gifts, grants and
 bequests fund, breast cancer research and education account (20155),  up
 to  an  amount  equal  to  the  monies collected and deposited into that
 account in the previous fiscal year.
   2. A transfer from the general fund to the combined gifts, grants  and
 bequests  fund,  prostate  cancer  research,  detection,  and  education
 account (20183), up to an amount  equal  to  the  moneys  collected  and
 deposited into that account in the previous fiscal year.
   3.  A transfer from the general fund to the combined gifts, grants and
 bequests fund,  Alzheimer's  disease  research  and  assistance  account
 (20143),  up  to  an  amount equal to the moneys collected and deposited
 into that account in the previous fiscal year.
   4. $8,940,000 from the HCRA resources fund (20800)  to  the  miscella-
 neous  special  revenue  fund, empire state stem cell trust fund account
 (22161).
   5. $3,600,000 from the miscellaneous special revenue fund, certificate
 of need account (21920), to the  miscellaneous  capital  projects  fund,
 healthcare IT capital subfund (32216).
   6.  $4,000,000  from  the  miscellaneous  special  revenue fund, vital
 health records account (22103), to the  miscellaneous  capital  projects
 fund, healthcare IT capital subfund (32216).
   7.  $6,000,000  from  the  miscellaneous special revenue fund, profes-
 sional medical conduct account (22088),  to  the  miscellaneous  capital
 projects fund, healthcare IT capital subfund (32216).
   8.  $114,500,000  from  the HCRA resources fund (20800) to the capital
 projects fund (30000).
   9. $6,550,000 from the general fund  to  the  medical  cannabis  trust
 fund, health operation and oversight account (23755).
 S. 4006--C                         89                         A. 3006--C
 
   10. An amount up to the unencumbered balance from the charitable gifts
 trust  fund, health charitable account (24900), to the general fund, for
 payment of general support for primary, preventive, and inpatient health
 care, dental and vision care, hunger prevention and nutritional  assist-
 ance,  and  other services for New York state residents with the overall
 goal of ensuring that New York state residents have  access  to  quality
 health care and other related services.
   11.  $500,000  from  the  miscellaneous special revenue fund, New York
 State cannabis revenue fund, to the miscellaneous special revenue  fund,
 environmental laboratory fee account (21959).
   12.  An  amount  up to the unencumbered balance from the public health
 emergency charitable gifts trust fund to the general fund,  for  payment
 of  goods  and services necessary to respond to a public health disaster
 emergency or to assist or aid in responding to such a disaster.
   13.  $1,000,000,000 from the general fund to the health care transfor-
 mation fund (24850).
   14. $2,590,000 from the miscellaneous special  revenue  fund,  patient
 safety center account (22140), to the general fund.
   15.  $1,000,000  from  the miscellaneous special revenue fund, nursing
 home receivership account (21925), to the general fund.
   16. $130,000 from the miscellaneous special revenue fund,  quality  of
 care account (21915), to the general fund.
   17. $2,200,000 from the miscellaneous special revenue fund, adult home
 quality enhancement account (22091), to the general fund.
   18.  $7,429,000  from  the  general fund, to the miscellaneous special
 revenue fund, helen hayes hospital account (22140).
   19. $1,117,000 from the general fund,  to  the  miscellaneous  special
 revenue fund, New York city veterans' home account (22141).
   20.  $813,000  from  the  general  fund,  to the miscellaneous special
 revenue fund, New York state home for veterans' and their dependents  at
 oxford account (22142).
   21.  $313,000  from  the  general  fund,  to the miscellaneous special
 revenue fund, western New York veterans' home account (22143).
   22. $1,473,000 from the general fund,  to  the  miscellaneous  special
 revenue  fund,  New  York  state for veterans in the lower-hudson valley
 account (22144).
   Labor:
   1. $600,000 from the miscellaneous special revenue fund, DOL  fee  and
 penalty account (21923), to the child performer's protection fund, child
 performer protection account (20401).
   2.  $11,700,000  from  the unemployment insurance interest and penalty
 fund,  unemployment  insurance  special  interest  and  penalty  account
 (23601), to the general fund.
   3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
 ment  insurance special interest and penalty account (23601), and public
 work enforcement account (21998), to the general fund.
   4. $850,000 from the miscellaneous special revenue fund, DOL  elevator
 safety  program  fund (22252) to the miscellaneous special revenue fund,
 DOL fee and penalty account (21923).
   Mental Hygiene:
   1. $3,800,000 from the general fund, to the agencies internal  service
 fund, civil service EHS occupational health program account (55056).
   2.  $2,000,000 from the general fund, to the mental hygiene facilities
 capital improvement fund (32300).
   3. $20,000,000 from the opioid settlement fund (23817) to the  miscel-
 laneous capital projects fund, opioid settlement capital account.
 S. 4006--C                         90                         A. 3006--C

   4.  $20,000,000  from  the miscellaneous capital projects fund, opioid
 settlement capital account to the opioid settlement fund (23817).
   Public Protection:
   1.  $1,350,000  from the miscellaneous special revenue fund, emergency
 management account (21944), to the general fund.
   2. $2,587,000 from the  general  fund  to  the  miscellaneous  special
 revenue fund, recruitment incentive account (22171).
   3.  $23,773,000  from  the general fund to the correctional industries
 revolving  fund,  correctional  industries  internal   service   account
 (55350).
   4.  $2,000,000,000  from  any of the division of homeland security and
 emergency services special revenue federal funds to the general fund.
   5. $115,420,000 from the state police motor  vehicle  law  enforcement
 and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
 police motor vehicle enforcement account (22802), to  the  general  fund
 for state operation expenses of the division of state police.
   6.  $138,272,000  from the general fund to the correctional facilities
 capital improvement fund (32350).
   7. $5,000,000 from the general  fund  to  the  dedicated  highway  and
 bridge trust fund (30050) for the purpose of work zone safety activities
 provided by the division of state police for the department of transpor-
 tation.
   8.  $10,000,000 from the miscellaneous special revenue fund, statewide
 public safety communications account (22123), to  the  capital  projects
 fund (30000).
   9.  $9,830,000  from  the  miscellaneous  special  revenue fund, legal
 services assistance account (22096), to the general fund.
   10. $1,000,000 from the general fund to the agencies internal  service
 fund, neighborhood work project account (55059).
   11.  $7,980,000  from  the miscellaneous special revenue fund, finger-
 print identification & technology account (21950), to the general fund.
   12. $1,100,000 from the state police motor vehicle law enforcement and
 motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
 theft and insurance fraud account (22801), to the general fund.
   13.  $14,400,000  from  the  general fund to the miscellaneous special
 revenue fund, criminal justice improvement account (21945).
   14. $2,000,000 from the general  fund  to  the  miscellaneous  special
 revenue fund, hazard mitigation revolving loan account.
   15. Up to $114,000,000 from the indigent legal services fund, indigent
 legal services account (23551) to the general fund.
   Transportation:
   1.  $20,000,000 from the general fund to the mass transportation oper-
 ating assistance fund, public transportation systems  operating  assist-
 ance account (21401), of which $12,000,000 constitutes the base need for
 operations.
   2.  $727,500,000  from  the  general fund to the dedicated highway and
 bridge trust fund (30050).
   3. $244,250,000 from the general fund to the MTA financial  assistance
 fund, mobility tax trust account (23651).
   4. $5,000,000 from the miscellaneous special revenue fund, transporta-
 tion  regulation  account  (22067)  to  the dedicated highway and bridge
 trust fund (30050), for disbursements made  from  such  fund  for  motor
 carrier  safety that are in excess of the amounts deposited in the dedi-
 cated highway and bridge trust fund (30050) for such purpose pursuant to
 section 94 of the transportation law.
 S. 4006--C                         91                         A. 3006--C
 
   5. $477,000 from the miscellaneous special revenue fund, traffic adju-
 dication account (22055), to the general fund.
   6. $5,000,000 from the miscellaneous special revenue fund, transporta-
 tion  regulation  account (22067) to the general fund, for disbursements
 made from such fund for motor carrier safety that are in excess  of  the
 amounts  deposited  in  the  general  fund  for such purpose pursuant to
 section 94 of the transportation law.
   Miscellaneous:
   1. $250,000,000 from the general fund to any funds or accounts for the
 purpose of reimbursing certain outstanding accounts receivable balances.
   2. $500,000,000 from the general fund to the  debt  reduction  reserve
 fund (40000).
   3.  $450,000,000  from  the New York state storm recovery capital fund
 (33000) to the revenue bond tax fund (40152).
   4. $15,500,000 from the general fund, community  projects  account  GG
 (10256), to the general fund, state purposes account (10050).
   5.  $100,000,000  from any special revenue federal fund to the general
 fund, state purposes account (10050).
   6. $8,250,000,000 from the special revenue federal  fund,  ARPA-Fiscal
 Recovery  Fund  (25546)  to  the  general  fund,  state purposes account
 (10050) to cover eligible costs incurred by the state.
   § 3. Notwithstanding any law to the contrary, and in  accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, on or before March 31, 2024:
   1.  Upon request of the commissioner of environmental conservation, up
 to $12,745,400 from revenues credited to any of the department of  envi-
 ronmental  conservation special revenue funds, including $4,000,000 from
 the environmental protection and oil spill  compensation  fund  (21200),
 and  $1,834,600 from the conservation fund (21150), to the environmental
 conservation special revenue fund, indirect charges account (21060).
   2. Upon request of the commissioner of agriculture and markets, up  to
 $3,000,000  from  any special revenue fund or enterprise fund within the
 department of agriculture and markets to the general fund, to pay appro-
 priate administrative expenses.
   3. Upon request of the commissioner of the  division  of  housing  and
 community  renewal, up to $6,221,000 from revenues credited to any divi-
 sion of housing and community renewal federal or  miscellaneous  special
 revenue fund to the miscellaneous special revenue fund, housing indirect
 cost recovery account (22090).
   4.  Upon  request  of  the commissioner of the division of housing and
 community renewal, up to $5,500,000 may be transferred from any  miscel-
 laneous  special  revenue  fund  account,  to  any miscellaneous special
 revenue fund.
   5. Upon request of the commissioner of health up to  $13,694,000  from
 revenues  credited  to any of the department of health's special revenue
 funds, to the miscellaneous special revenue fund, administration account
 (21982).
   6. Upon the request of the attorney general,  up  to  $4,000,000  from
 revenues credited to the federal health and human services fund, federal
 health  and  human services account (25117) or the miscellaneous special
 revenue fund, recoveries and revenue account (22041), to  the  miscella-
 neous  special  revenue  fund,  litigation settlement and civil recovery
 account (22117).
   § 4. On or before March 31, 2024, the comptroller is hereby authorized
 and directed to deposit earnings that  would  otherwise  accrue  to  the
 general  fund  that are attributable to the operation of section 98-a of
 S. 4006--C                         92                         A. 3006--C
 
 the state finance law, to the agencies internal  service  fund,  banking
 services  account  (55057),  for  the purpose of meeting direct payments
 from such account.
   §  5.  Notwithstanding  any law to the contrary, upon the direction of
 the director of the budget and upon requisition by the state  university
 of  New  York,  the  dormitory  authority  of  the  state of New York is
 directed to transfer, up to $22,000,000 in revenues generated  from  the
 sale of notes or bonds, the state university income fund general revenue
 account  (22653)  for  reimbursement  of  bondable equipment for further
 transfer to the state's general fund.
   § 6. Notwithstanding any law to the contrary, and in  accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget and
 upon  consultation  with  the  state university chancellor or his or her
 designee, on or before March 31, 2024, up to $16,000,000 from the  state
 university  income  fund  general  revenue  account (22653) to the state
 general fund for debt service costs related to campus supported  capital
 project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
 University at Buffalo.
   § 7. Notwithstanding any law to the contrary, and in  accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget and
 upon  consultation  with  the  state university chancellor or his or her
 designee, on or before March 31, 2024, up to $6,500,000 from  the  state
 university  income  fund  general  revenue  account (22653) to the state
 general fund for debt service costs related to campus supported  capital
 project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
 University at Albany.
   § 8. Notwithstanding any law to the  contrary,  the  state  university
 chancellor or his or her designee is authorized and directed to transfer
 estimated  tuition revenue balances from the state university collection
 fund (61000) to the  state  university  income  fund,  state  university
 general revenue offset account (22655) on or before March 31, 2024.
   §  9.  Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to $1,335,239,500 from the general fund to the state  university  income
 fund, state university general revenue offset account (22655) during the
 period  of  July  1, 2023 through June 30, 2024 to support operations at
 the state university.
   § 10. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to  $48,966,000  from  the  general  fund to the state university income
 fund, state university general revenue offset account (22655) during the
 period of July 1, 2023 to June  30,  2024  for  general  fund  operating
 support  pursuant  to subparagraph (4-b) of paragraph h of subdivision 2
 of section three hundred fifty-five of the education law.
   § 11. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to  $20,000,000  from  the  general  fund to the state university income
 fund, state university general revenue offset account (22655) during the
 period of July 1, 2023 to June 30, 2024 to fully fund the tuition credit
 pursuant to subdivision two of section six hundred sixty-nine-h  of  the
 education law.
 S. 4006--C                         93                         A. 3006--C
 
   §  12. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the state university  chancel-
 lor  or his or her designee, up to $55,000,000 from the state university
 income  fund,  state  university  hospitals  income reimbursable account
 (22656), for services and expenses of hospital  operations  and  capital
 expenditures at the state university hospitals; and the state university
 income  fund,  Long  Island  veterans' home account (22652) to the state
 university capital projects fund (32400) on or before June 30, 2024.
   § 13. Notwithstanding any law to the contrary, and in accordance  with
 section  4 of the state finance law, the comptroller, after consultation
 with the state university chancellor or his or her designee,  is  hereby
 authorized  and directed to transfer moneys, in the first instance, from
 the state university collection fund, Stony  Brook  hospital  collection
 account (61006), Brooklyn hospital collection account (61007), and Syra-
 cuse  hospital collection account (61008) to the state university income
 fund, state university hospitals income reimbursable account (22656)  in
 the  event  insufficient  funds  are  available  in the state university
 income fund, state  university  hospitals  income  reimbursable  account
 (22656)  to  permit the full transfer of moneys authorized for transfer,
 to the general fund for payment of debt  service  related  to  the  SUNY
 hospitals.  Notwithstanding  any law to the contrary, the comptroller is
 also hereby authorized and directed, after consultation with  the  state
 university  chancellor  or  his or her designee, to transfer moneys from
 the state university income fund to the state  university  income  fund,
 state  university  hospitals  income reimbursable account (22656) in the
 event insufficient funds are available in the  state  university  income
 fund,  state university hospitals income reimbursable account (22656) to
 pay hospital operating costs or to permit the full  transfer  of  moneys
 authorized for transfer, to the general fund for payment of debt service
 related to the SUNY hospitals on or before March 31, 2024.
   §  14.  Notwithstanding any law to the contrary, upon the direction of
 the director of the budget and the chancellor of the state university of
 New York or his or her designee, and in accordance with section 4 of the
 state finance law, the comptroller is hereby authorized and directed  to
 transfer  monies from the state university dormitory income fund (40350)
 to the state university residence hall rehabilitation fund (30100),  and
 from  the state university residence hall rehabilitation fund (30100) to
 the state university dormitory income fund (40350), in an amount not  to
 exceed $100 million from each fund.
   §  15. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, at the request of the director of the  budget,
 up  to $700 million from the unencumbered balance of any special revenue
 fund or account, agency  fund  or  account,  internal  service  fund  or
 account,  enterprise  fund  or account, or any combination of such funds
 and accounts, to the general fund. The amounts transferred  pursuant  to
 this authorization shall be in addition to any other transfers expressly
 authorized  in  the  2023-24  budget. Transfers from federal funds, debt
 service funds, capital projects funds, the community projects  fund,  or
 funds  that would result in the loss of eligibility for federal benefits
 or federal funds pursuant to federal law, rule, or regulation as assent-
 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
 1951 are not permitted pursuant to this authorization.
   §  16. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 S. 4006--C                         94                         A. 3006--C
 
 and directed to transfer, at the request of the director of the  budget,
 up  to $100 million from any non-general fund or account, or combination
 of funds and accounts, to the miscellaneous special revenue fund,  tech-
 nology  financing  account  (22207),  the miscellaneous capital projects
 fund, the federal capital projects account (31350), information technol-
 ogy capital financing account (32215),  or  the  centralized  technology
 services  account  (55069),  for the purpose of consolidating technology
 procurement and services. The amounts transferred to  the  miscellaneous
 special  revenue  fund, technology financing account (22207) pursuant to
 this authorization shall be equal to or less than  the  amount  of  such
 monies  intended  to  support  information  technology  costs  which are
 attributable, according to a plan, to such account made in pursuance  to
 an  appropriation  by law. Transfers to the technology financing account
 shall be completed  from  amounts  collected  by  non-general  funds  or
 accounts  pursuant  to a fund deposit schedule or permanent statute, and
 shall be transferred to the technology financing account pursuant  to  a
 schedule agreed upon by the affected agency commissioner. Transfers from
 funds  that would result in the loss of eligibility for federal benefits
 or federal funds pursuant to federal law, rule, or regulation as assent-
 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
 1951 are not permitted pursuant to this authorization.
   §  17. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, at the request of the director of the  budget,
 up  to $400 million from any non-general fund or account, or combination
 of funds and accounts, to the general fund for the  purpose  of  consol-
 idating  technology  procurement  and  services. The amounts transferred
 pursuant to this authorization shall be equal to or less than the amount
 of such monies intended to support information  technology  costs  which
 are attributable, according to a plan, to such account made in pursuance
 to  an  appropriation  by  law.  Transfers  to the general fund shall be
 completed from amounts collected by non-general funds or accounts pursu-
 ant to a fund deposit schedule.  Transfers from funds that would  result
 in  the loss of eligibility for federal benefits or federal funds pursu-
 ant to federal law, rule, or regulation as assented to in chapter 683 of
 the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
 pursuant to this authorization.
   §  18. Notwithstanding any provision of law to the contrary, as deemed
 feasible and advisable by its trustees, the power authority of the state
 of New York is authorized and directed to transfer to the state treasury
 to the credit of the general fund up to $20,000,000 for the state fiscal
 year commencing April 1, 2023, the proceeds of which will be utilized to
 support energy-related state activities.
   § 19. Notwithstanding any provision of law, rule or regulation to  the
 contrary,  the  New York state energy research and development authority
 is authorized and directed to contribute $913,000 to the state  treasury
 to the credit of the general fund on or before March 31, 2024.
   §  20. Notwithstanding any provision of law, rule or regulation to the
 contrary, the New York state energy research and  development  authority
 is authorized and directed to transfer five million dollars to the cred-
 it of the Environmental Protection Fund on or before March 31, 2024 from
 proceeds  collected  by the authority from the auction or sale of carbon
 dioxide emission allowances allocated by the department of environmental
 conservation.
 S. 4006--C                         95                         A. 3006--C
 
   § 21. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
 amended  by section 21 of part FFF of chapter 56 of the laws of 2022, is
 amended to read as follows:
   5. Notwithstanding the provisions of section one hundred seventy-one-a
 of  the  tax law, as separately amended by chapters four hundred eighty-
 one and four hundred eighty-four of the laws of nineteen hundred  eight-
 y-one,  and notwithstanding the provisions of chapter ninety-four of the
 laws of two thousand eleven, or any  other  provisions  of  law  to  the
 contrary,  during  the  fiscal  year beginning April first, two thousand
 [twenty-two] TWENTY-THREE, the state comptroller  is  hereby  authorized
 and  directed  to  deposit  to the fund created pursuant to this section
 from amounts collected pursuant to article twenty-two of the tax law and
 pursuant to a schedule submitted by the director of the  budget,  up  to
 [$1,830,985,000,] $1,716,913,000 as may be certified in such schedule as
 necessary  to  meet the purposes of such fund for the fiscal year begin-
 ning April first, two thousand [twenty-two] TWENTY-THREE.
   § 22. Notwithstanding any law to  the  contrary,  the  comptroller  is
 hereby authorized and directed to transfer, upon request of the director
 of  the  budget, on or before March 31, 2024, the following amounts from
 the following special revenue accounts  to  the  capital  projects  fund
 (30000),  for  the  purposes  of reimbursement to such fund for expenses
 related to the maintenance and preservation of state assets:
   1. $43,000 from the miscellaneous special revenue fund, administrative
 program account (21982).
   2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
 hospital account (22140).
   3. $456,000 from the miscellaneous special revenue fund, New York city
 veterans' home account (22141).
   4. $570,000 from the miscellaneous  special  revenue  fund,  New  York
 state home for veterans' and their dependents at oxford account (22142).
   5.  $170,000  from the miscellaneous special revenue fund, western New
 York veterans' home account (22143).
   6. $323,000 from the miscellaneous  special  revenue  fund,  New  York
 state for veterans in the lower-hudson valley account (22144).
   7.  $2,550,000  from  the  miscellaneous  special revenue fund, patron
 services account (22163).
   8. $9,016,000 from  the  miscellaneous  special  revenue  fund,  state
 university general income reimbursable account (22653).
   9.  $142,782,000  from  the  miscellaneous special revenue fund, state
 university revenue offset account (22655).
   10. $51,897,000 from the state university dormitory income fund, state
 university dormitory income fund (40350).
   11. $1,000,000 from the miscellaneous special revenue fund, litigation
 settlement and civil recovery account (22117).
   § 23. Section 60 of part FFF of chapter  56    of  the  laws  of  2022
 providing  for  the administration of certain funds and accounts related
 to the 2022-2023 budget, is amended to read as follows:
   § 60. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022; provided,
 however,  that  the provisions of sections one, one-a, two, three, four,
 five, six, seven, eight, thirteen, fourteen,  fifteen,  sixteen,  seven-
 teen,  eighteen,  nineteen, twenty[,] AND twenty-two[, and twenty-three]
 of this act shall  expire  March  31,  2023  when  upon  such  date  the
 provisions of such sections shall be deemed repealed; provided, further,
 that  the  amendments  to  section 89-h of the state finance law made by
 section twenty-eight of this act shall not affect  the  repeal  of  such
 S. 4006--C                         96                         A. 3006--C
 
 section  and  shall be deemed repealed therewith; and provided, further,
 that section twenty-eight-a of this act shall expire March 31, 2027; AND
 PROVIDED, FURTHER, THAT SECTION TWENTY-THREE OF THIS  ACT  SHALL  EXPIRE
 MARCH 31, 2028.
   §  24. Subdivision 5 of section 183 of the military law, as amended by
 section 2 of part O of chapter 55 of the laws of  2018,  is  amended  to
 read as follows:
   5.  All moneys paid as rent as provided in this section, together with
 all sums paid to cover expenses of heating and lighting, shall be trans-
 mitted by the officer in charge and control of the  armory  through  the
 adjutant  general  to  the  state  treasury for deposit to the [agencies
 enterprise fund] MISCELLANEOUS SPECIAL REVENUE FUND - 339 armory  rental
 account.
   §  25.  Subdivision  2  of  section 92-cc of the state finance law, as
 amended by section 26 of part FFF of chapter 56 of the laws of 2022,  is
 amended to read as follows:
   2.  Such  fund  shall  have  a maximum balance not to exceed [fifteen]
 TWENTY-FIVE per centum of the aggregate amount projected to be disbursed
 from the general fund during [the fiscal year immediately following] the
 then-current fiscal year. At the request of the director of the  budget,
 the  state  comptroller  shall  transfer monies to the rainy day reserve
 fund up to and including an amount equivalent  to  [three]  FIFTEEN  per
 centum of the aggregate amount projected to be disbursed from the gener-
 al  fund during the then-current fiscal year, unless such transfer would
 increase the rainy day reserve fund to an amount in excess of  [fifteen]
 TWENTY-FIVE per centum of the aggregate amount projected to be disbursed
 from the general fund during the [fiscal year immediately following the]
 then-current  fiscal year, in which event such transfer shall be limited
 to such amount as will increase the  rainy  day  reserve  fund  to  such
 [fifteen] TWENTY-FIVE per centum limitation.
   §  26.  Notwithstanding  any  other  law,  rule,  or regulation to the
 contrary, the state comptroller is hereby authorized and directed to use
 any balance remaining in the mental health services  fund  debt  service
 appropriation, after payment by the state comptroller of all obligations
 required pursuant to any lease, sublease, or other financing arrangement
 between the dormitory authority of the state of New York as successor to
 the  New  York  state  medical  care  facilities finance agency, and the
 facilities development corporation pursuant to chapter 83 of the laws of
 1995 and the department of mental hygiene  for  the  purpose  of  making
 payments  to  the  dormitory  authority of the state of New York for the
 amount of the earnings for the investment of  monies  deposited  in  the
 mental health services fund that such agency determines will or may have
 to  be  rebated  to the federal government pursuant to the provisions of
 the internal revenue code of 1986, as amended, in order to  enable  such
 agency  to  maintain  the  exemption from federal income taxation on the
 interest paid to the holders of such agency's mental services facilities
 improvement revenue bonds. Annually on or before each  June  30th,  such
 agency  shall  certify to the state comptroller its determination of the
 amounts received in the mental health services fund as a result  of  the
 investment  of  monies  deposited  therein  that  will or may have to be
 rebated to the federal government pursuant  to  the  provisions  of  the
 internal revenue code of 1986, as amended.
   § 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
 of  1997,  relating  to  the  financing  of  the correctional facilities
 improvement fund and the youth facility improvement fund, as amended  by
 S. 4006--C                         97                         A. 3006--C
 
 section  30 of part FFF of chapter 56 of the laws of 2022, is amended to
 read as follows:
   1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
 notwithstanding the provisions of section 18 of section 1 of chapter 174
 of the laws of 1968, the New York state urban development corporation is
 hereby authorized to issue bonds, notes  and  other  obligations  in  an
 aggregate  principal amount not to exceed [nine billion five hundred two
 million seven hundred thirty-nine thousand dollars $9,502,739,000]  NINE
 BILLION  EIGHT HUNDRED SIXTY-FIVE MILLION EIGHT HUNDRED FIFTY-NINE THOU-
 SAND DOLLARS $9,865,859,000, and shall  include  all  bonds,  notes  and
 other  obligations issued pursuant to chapter 56 of the laws of 1983, as
 amended or supplemented. The proceeds of  such  bonds,  notes  or  other
 obligations  shall be paid to the state, for deposit in the correctional
 facilities capital improvement fund to pay for all or any portion of the
 amount or amounts paid by the state from appropriations  or  reappropri-
 ations  made  to the department of corrections and community supervision
 from the correctional facilities capital improvement  fund  for  capital
 projects.  The  aggregate  amount  of  bonds, notes or other obligations
 authorized to be issued pursuant to this section  shall  exclude  bonds,
 notes  or  other  obligations issued to refund or otherwise repay bonds,
 notes or other obligations theretofore issued,  the  proceeds  of  which
 were  paid  to the state for all or a portion of the amounts expended by
 the state from appropriations or reappropriations made to the department
 of corrections and community supervision; provided, however,  that  upon
 any  such refunding or repayment the total aggregate principal amount of
 outstanding bonds, notes or other obligations may be greater than  [nine
 billion  five  hundred  two  million  seven hundred thirty-nine thousand
 dollars $9,502,739,000] NINE BILLION EIGHT  HUNDRED  SIXTY-FIVE  MILLION
 EIGHT  HUNDRED  FIFTY-NINE  THOUSAND DOLLARS $9,865,859,000, only if the
 present value of the aggregate debt service of the refunding  or  repay-
 ment bonds, notes or other obligations to be issued shall not exceed the
 present value of the aggregate debt service of the bonds, notes or other
 obligations  so  to  be refunded or repaid. For the purposes hereof, the
 present value of the aggregate debt service of the refunding  or  repay-
 ment bonds, notes or other obligations and of the aggregate debt service
 of the bonds, notes or other obligations so refunded or repaid, shall be
 calculated  by utilizing the effective interest rate of the refunding or
 repayment bonds, notes or other obligations, which shall  be  that  rate
 arrived  at  by doubling the semi-annual interest rate (compounded semi-
 annually) necessary to discount the debt service payments on the refund-
 ing or repayment bonds, notes or  other  obligations  from  the  payment
 dates  thereof to the date of issue of the refunding or repayment bonds,
 notes or other obligations and to  the  price  bid  including  estimated
 accrued interest or proceeds received by the corporation including esti-
 mated accrued interest from the sale thereof.
   §  28.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
 laws of 2005, relating to providing for the  administration  of  certain
 funds  and  accounts  related  to  the  2005-2006  budget, as amended by
 section  31 of part FFF of chapter 56 of the laws of 2022, is amended to
 read as follows:
   (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
 notwithstanding  any provisions of law to the contrary, the urban devel-
 opment corporation is hereby authorized to issue bonds or notes  in  one
 or  more  series  in  an  aggregate principal amount not to exceed [four
 hundred twenty-six million one hundred  thousand  dollars  $426,100,000]
 FIVE   HUNDRED   THIRTY-EIGHT   MILLION  ONE  HUNDRED  THOUSAND  DOLLARS
 S. 4006--C                         98                         A. 3006--C
 
 $538,100,000, excluding bonds issued to finance one or more debt service
 reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
 notes issued to refund or otherwise repay such bonds or notes previously
 issued,  for  the  purpose  of  financing  capital projects including IT
 initiatives for the division of state police, debt service  and  leases;
 and to reimburse the state general fund for disbursements made therefor.
 Such  bonds  and  notes of such authorized issuer shall not be a debt of
 the state, and the state shall not be liable thereon, nor shall they  be
 payable  out  of any funds other than those appropriated by the state to
 such authorized issuer for debt service and related expenses pursuant to
 any service contract  executed  pursuant  to  subdivision  (b)  of  this
 section  and  such  bonds  and notes shall contain on the face thereof a
 statement to such effect. Except for  purposes  of  complying  with  the
 internal revenue code, any interest income earned on bond proceeds shall
 only be used to pay debt service on such bonds.
   §  29.  Subdivision 3 of section 1285-p of the public authorities law,
 as amended by section 32 of part FFF of chapter 56 of the laws of  2022,
 is amended to read as follows:
   3.  The  maximum amount of bonds that may be issued for the purpose of
 financing  environmental  infrastructure  projects  authorized  by  this
 section  shall  be  [eight  billion  one hundred seventy-one million one
 hundred ten thousand dollars $8,171,110,000] NINE BILLION THREE  HUNDRED
 THIRTY-FIVE  MILLION  SEVEN HUNDRED TEN THOUSAND DOLLARS $9,335,710,000,
 exclusive of bonds issued to fund any debt service  reserve  funds,  pay
 costs  of issuance of such bonds, and bonds or notes issued to refund or
 otherwise repay bonds or notes previously issued. Such bonds  and  notes
 of the corporation shall not be a debt of the state, and the state shall
 not  be liable thereon, nor shall they be payable out of any funds other
 than those appropriated by the state to the corporation for debt service
 and related expenses pursuant to any service contracts executed pursuant
 to subdivision one of this section,  and  such  bonds  and  notes  shall
 contain on the face thereof a statement to such effect.
   §  30.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
 laws of 2002, relating to providing for the  administration  of  certain
 funds  and  accounts  related  to  the  2002-2003  budget, as amended by
 section 33 of part FFF of chapter 56 of the laws of 2022, is amended  to
 read as follows:
   (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
 notwithstanding the provisions of section 18 of  the  urban  development
 corporation  act, the corporation is hereby authorized to issue bonds or
 notes in one or more series in an  aggregate  principal  amount  not  to
 exceed [three hundred eighty-three million five hundred thousand dollars
 $383,500,000]  FIVE  HUNDRED  ONE  MILLION FIVE HUNDRED THOUSAND DOLLARS
 $501,500,000, excluding bonds issued to fund one or  more  debt  service
 reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
 notes issued to refund or otherwise repay such bonds or notes previously
 issued, for the purpose of financing capital costs related  to  homeland
 security  and  training facilities for the division of state police, the
 division of military and naval affairs,  and  any  other  state  agency,
 including  the  reimbursement  of  any disbursements made from the state
 capital projects fund, and is hereby authorized to issue bonds or  notes
 in  one  or  more  series in an aggregate principal amount not to exceed
 [one billion six hundred four million nine hundred  eighty-six  thousand
 dollars  $1,604,986,000]  ONE  BILLION  SEVEN  HUNDRED  THIRTEEN MILLION
 EIGHTY-SIX THOUSAND DOLLARS $1,713,086,000, excluding  bonds  issued  to
 fund one or more debt service reserve funds, to pay costs of issuance of
 S. 4006--C                         99                         A. 3006--C
 
 such  bonds, and bonds or notes issued to refund or otherwise repay such
 bonds or notes previously issued, for the purpose of financing  improve-
 ments  to State office buildings and other facilities located statewide,
 including  the  reimbursement  of  any disbursements made from the state
 capital projects fund. Such bonds and notes of the corporation shall not
 be a debt of the state, and the state shall not be liable  thereon,  nor
 shall  they be payable out of any funds other than those appropriated by
 the state to the corporation  for  debt  service  and  related  expenses
 pursuant  to  any service contracts executed pursuant to subdivision (b)
 of this section, and such bonds and notes  shall  contain  on  the  face
 thereof a statement to such effect.
   §  31.  Paragraph  (c) of subdivision 19 of section 1680 of the public
 authorities law, as amended by section 34 of part FFF of chapter  56  of
 the laws of 2022, is amended to read as follows:
   (c) Subject to the provisions of chapter fifty-nine of the laws of two
 thousand,  the  dormitory  authority shall not issue any bonds for state
 university educational facilities purposes if the  principal  amount  of
 bonds to be issued when added to the aggregate principal amount of bonds
 issued  by  the  dormitory  authority  on and after July first, nineteen
 hundred eighty-eight for state university  educational  facilities  will
 exceed  [sixteen  billion six hundred eleven million five hundred sixty-
 four thousand dollars $16,611,564,000] EIGHTEEN BILLION ONE HUNDRED  TEN
 MILLION   NINE  HUNDRED  SIXTY-FOUR  THOUSAND  DOLLARS  $18,110,964,000;
 provided, however, that bonds issued or to be issued shall  be  excluded
 from  such  limitation  if:    (1) such bonds are issued to refund state
 university construction bonds and state  university  construction  notes
 previously  issued  by the housing finance agency; or (2) such bonds are
 issued to refund bonds of the authority or other obligations issued  for
 state  university  educational facilities purposes and the present value
 of the aggregate debt service on the refunding bonds does not exceed the
 present value of the aggregate debt service on the bonds refunded there-
 by; provided, further that upon certification by  the  director  of  the
 budget  that the issuance of refunding bonds or other obligations issued
 between April first, nineteen hundred ninety-two and March thirty-first,
 nineteen hundred ninety-three will generate long term economic  benefits
 to  the  state, as assessed on a present value basis, such issuance will
 be deemed to have met the present value test noted above.  For  purposes
 of  this subdivision, the present value of the aggregate debt service of
 the refunding  bonds  and  the  aggregate  debt  service  of  the  bonds
 refunded, shall be calculated by utilizing the true interest cost of the
 refunding  bonds,  which  shall  be that rate arrived at by doubling the
 semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
 discount  the  debt  service  payments  on  the refunding bonds from the
 payment dates thereof to the date of issue of the refunding bonds to the
 purchase price of the refunding bonds, including interest accrued there-
 on prior to the issuance thereof. The maturity of such bonds, other than
 bonds issued to refund outstanding bonds, shall not exceed the  weighted
 average economic life, as certified by the state university construction
 fund,  of  the facilities in connection with which the bonds are issued,
 and in any case not later than the earlier of thirty years or the  expi-
 ration  of  the  term of any lease, sublease or other agreement relating
 thereto; provided that no note, including renewals thereof, shall mature
 later than five years after the date  of  issuance  of  such  note.  The
 legislature  reserves  the  right to amend or repeal such limit, and the
 state of New York, the dormitory authority, the state university of  New
 York,  and  the  state  university construction fund are prohibited from
 S. 4006--C                         100                        A. 3006--C
 
 covenanting or making any other agreements with or for  the  benefit  of
 bondholders which might in any way affect such right.
   §  32.  Paragraph  (c) of subdivision 14 of section 1680 of the public
 authorities law, as amended by section 35 of part FFF of chapter  56  of
 the laws of 2022, is amended to read as follows:
   (c) Subject to the provisions of chapter fifty-nine of the laws of two
 thousand,  (i)  the  dormitory  authority  shall not deliver a series of
 bonds for city university community college facilities, except to refund
 or to be substituted for or in lieu of other bonds in relation  to  city
 university  community college facilities pursuant to a resolution of the
 dormitory authority adopted before July first, nineteen hundred  eighty-
 five  or any resolution supplemental thereto, if the principal amount of
 bonds so to be issued when added  to  all  principal  amounts  of  bonds
 previously  issued by the dormitory authority for city university commu-
 nity college facilities, except to refund or to be substituted  in  lieu
 of  other bonds in relation to city university community college facili-
 ties will exceed the sum of four hundred twenty-five million dollars and
 (ii) the dormitory authority shall not deliver a series of bonds  issued
 for  city university facilities, including community college facilities,
 pursuant to a resolution of the dormitory authority adopted on or  after
 July  first,  nineteen  hundred  eighty-five,  except to refund or to be
 substituted for or in lieu of other bonds in relation to city university
 facilities and except for bonds issued pursuant to a resolution  supple-
 mental  to a resolution of the dormitory authority adopted prior to July
 first, nineteen hundred eighty-five, if the principal amount of bonds so
 to be issued when added to the  principal  amount  of  bonds  previously
 issued pursuant to any such resolution, except bonds issued to refund or
 to  be  substituted  for  or  in lieu of other bonds in relation to city
 university facilities, will exceed [ten billion two  hundred  fifty-four
 million  six hundred eighty-six thousand dollars $10,254,686,000] ELEVEN
 BILLION THREE HUNDRED FOURTEEN MILLION THREE HUNDRED FIFTY-TWO  THOUSAND
 DOLLARS $11,314,352,000.  The legislature reserves the right to amend or
 repeal  such  limit, and the state of New York, the dormitory authority,
 the city university, and the fund are  prohibited  from  covenanting  or
 making any other agreements with or for the benefit of bondholders which
 might in any way affect such right.
   §  33. Subdivision 10-a of section 1680 of the public authorities law,
 as amended by section 36 of part FFF of chapter 56 of the laws of  2022,
 is amended to read as follows:
   10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
 two thousand, but notwithstanding any other provision of the law to  the
 contrary, the maximum amount of bonds and notes to be issued after March
 thirty-first,  two  thousand two, on behalf of the state, in relation to
 any locally sponsored community  college,  shall  be  [one  billion  one
 hundred   twenty-three   million  one  hundred  forty  thousand  dollars
 $1,123,140,000]  ONE BILLION TWO HUNDRED  TWENTY-SEVEN  MILLION  NINETY-
 FIVE THOUSAND DOLLARS $1,227,095,000.  Such amount shall be exclusive of
 bonds and notes issued to fund any reserve fund or funds, costs of issu-
 ance  and to refund any outstanding bonds and notes, issued on behalf of
 the state, relating to a locally sponsored community college.
   § 34. Subdivision 1 of section 17 of part D of chapter 389 of the laws
 of 1997, relating  to  the  financing  of  the  correctional  facilities
 improvement  fund and the youth facility improvement fund, as amended by
 section 37 of part FFF of chapter 56 of the laws of 2022, is amended  to
 read as follows:
 S. 4006--C                         101                        A. 3006--C
 
   1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
 notwithstanding the provisions of section 18 of section 1 of chapter 174
 of the laws of 1968, the New York state urban development corporation is
 hereby authorized to issue bonds, notes  and  other  obligations  in  an
 aggregate principal amount not to exceed [nine hundred sixty-two million
 seven  hundred fifteen thousand dollars $962,715,000]  ONE BILLION FOUR-
 TEEN MILLION SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS  $1,014,735,000,
 which  authorization  increases the aggregate principal amount of bonds,
 notes and other obligations authorized by section 40 of chapter  309  of
 the  laws  of  1996,  and shall include all bonds, notes and other obli-
 gations issued pursuant to chapter 211 of the laws of 1990,  as  amended
 or  supplemented. The proceeds of such bonds, notes or other obligations
 shall be paid to the state, for deposit in the youth facilities improve-
 ment fund OR THE CAPITAL PROJECTS FUND, to pay for all or any portion of
 the amount or amounts paid by the state from appropriations or  reappro-
 priations  made  to  the office of children and family services from the
 youth facilities improvement fund for capital  projects.  The  aggregate
 amount  of  bonds,  notes  and other obligations authorized to be issued
 pursuant to this section shall exclude bonds, notes or other obligations
 issued to refund or otherwise repay bonds, notes  or  other  obligations
 theretofore issued, the proceeds of which were paid to the state for all
 or a portion of the amounts expended by the state from appropriations or
 reappropriations  made  to  the  office of children and family services;
 provided, however, that upon any such refunding or repayment  the  total
 aggregate  principal  amount  of outstanding bonds, notes or other obli-
 gations may be  greater  than  [nine  hundred  sixty-two  million  seven
 hundred  fifteen  thousand  dollars  $962,715,000]  ONE BILLION FOURTEEN
 MILLION SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS $1,014,735,000,  only
 if  the  present value of the aggregate debt service of the refunding or
 repayment bonds, notes or other  obligations  to  be  issued  shall  not
 exceed  the  present  value  of the aggregate debt service of the bonds,
 notes or other obligations so to be refunded or repaid. For the purposes
 hereof, the present value of the aggregate debt service of the refunding
 or repayment bonds, notes or other obligations and of the aggregate debt
 service of the bonds, notes or other obligations so refunded or  repaid,
 shall  be  calculated  by  utilizing  the effective interest rate of the
 refunding or repayment bonds, notes or other obligations, which shall be
 that  rate  arrived  at  by  doubling  the  semi-annual  interest   rate
 (compounded  semi-annually)  necessary  to  discount  the  debt  service
 payments on the refunding or repayment bonds, notes or other obligations
 from the payment dates thereof to the date of issue of the refunding  or
 repayment bonds, notes or other obligations and to the price bid includ-
 ing  estimated  accrued interest or proceeds received by the corporation
 including estimated accrued interest from the sale thereof.
   § 35. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
 chapter 392 of the laws of 1973, constituting the New York state medical
 care facilities finance agency act, as amended by section 38 of part FFF
 of chapter 56 of the laws of 2022, is amended to read as follows:
   b.  The  agency shall have power and is hereby authorized from time to
 time to issue negotiable bonds and notes in conformity  with  applicable
 provisions  of  the uniform commercial code in such principal amount as,
 in the opinion of the agency, shall  be  necessary,  after  taking  into
 account  other moneys which may be available for the purpose, to provide
 sufficient funds to  the  facilities  development  corporation,  or  any
 successor agency, for the financing or refinancing of or for the design,
 construction, acquisition, reconstruction, rehabilitation or improvement
 S. 4006--C                         102                        A. 3006--C
 
 of  mental  health  services  facilities pursuant to paragraph a of this
 subdivision, the payment of interest on mental health services  improve-
 ment  bonds and mental health services improvement notes issued for such
 purposes,  the establishment of reserves to secure such bonds and notes,
 the cost or premium of bond insurance or  the  costs  of  any  financial
 mechanisms  which  may  be used to reduce the debt service that would be
 payable by the agency on its mental health services facilities  improve-
 ment  bonds  and notes and all other expenditures of the agency incident
 to and necessary or convenient to providing the  facilities  development
 corporation,  or  any  successor agency, with funds for the financing or
 refinancing of or for any such design, construction, acquisition, recon-
 struction, rehabilitation or improvement and for the refunding of mental
 hygiene improvement bonds issued pursuant to section 47-b of the private
 housing finance law; provided, however, that the agency shall not  issue
 mental  health  services  facilities improvement bonds and mental health
 services facilities improvement notes in an aggregate  principal  amount
 exceeding  [ten  billion  nine  hundred  forty-two million eight hundred
 thirty-three  thousand  dollars  $10,942,833,000]  TWELVE  BILLION  FOUR
 HUNDRED  EIGHTEEN  MILLION  THREE  HUNDRED THIRTY-SEVEN THOUSAND DOLLARS
 $12,418,337,000, excluding mental health services facilities improvement
 bonds and mental health services facilities improvement notes issued  to
 refund  outstanding  mental health services facilities improvement bonds
 and mental  health  services  facilities  improvement  notes;  provided,
 however,  that  upon  any  such  refunding or repayment of mental health
 services facilities improvement  bonds  and/or  mental  health  services
 facilities  improvement  notes  the  total aggregate principal amount of
 outstanding mental health  services  facilities  improvement  bonds  and
 mental  health  facilities  improvement  notes  may be greater than [ten
 billion nine hundred forty-two million eight hundred thirty-three  thou-
 sand  dollars  $10,942,833,000]  TWELVE  BILLION  FOUR  HUNDRED EIGHTEEN
 MILLION THREE HUNDRED  THIRTY-SEVEN  THOUSAND  DOLLARS  $12,418,337,000,
 only  if,  except  as hereinafter provided with respect to mental health
 services facilities bonds and mental health  services  facilities  notes
 issued  to  refund  mental  hygiene  improvement  bonds authorized to be
 issued pursuant to the provisions of section 47-b of the private housing
 finance law, 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  be  refunded  or
 repaid.  For  purposes  hereof, the present values of the aggregate debt
 service of the refunding or repayment bonds, notes or other  obligations
 and  of  the  aggregate  debt service of the bonds, notes or other obli-
 gations so refunded or repaid, shall  be  calculated  by  utilizing  the
 effective  interest  rate  of the refunding or repayment bonds, notes or
 other obligations, which shall be that rate arrived at by  doubling  the
 semi-annual   interest  rate  (compounded  semi-annually)  necessary  to
 discount the debt service payments on the refunding or repayment  bonds,
 notes or other obligations from the payment dates thereof to the date of
 issue  of  the  refunding or repayment bonds, notes or other obligations
 and to the price bid including estimated accrued  interest  or  proceeds
 received  by the authority including estimated accrued interest from the
 sale thereof. Such bonds, other than bonds issued to refund  outstanding
 bonds,  shall be scheduled to mature over a term not to exceed the aver-
 age useful life, as certified by the facilities development corporation,
 of the projects for which the bonds are issued, and in  any  case  shall
 not  exceed  thirty  years  and  the  maximum  maturity  of notes or any
 renewals thereof shall not exceed  five  years  from  the  date  of  the
 S. 4006--C                         103                        A. 3006--C
 
 original  issue  of  such  notes. Notwithstanding the provisions of this
 section, the agency shall have the power and  is  hereby  authorized  to
 issue  mental health services facilities improvement bonds and/or mental
 health  services  facilities  improvement  notes  to  refund outstanding
 mental hygiene improvement bonds authorized to be issued pursuant to the
 provisions of section 47-b of the private housing finance  law  and  the
 amount  of  bonds  issued  or outstanding for such purposes shall not be
 included for purposes of determining the amount of bonds issued pursuant
 to this section. The director of the budget shall allocate the aggregate
 principal authorized to be issued by the  agency  among  the  office  of
 mental  health,  office  for people with developmental disabilities, and
 the office of addiction services  and  supports,  in  consultation  with
 their respective commissioners to finance bondable appropriations previ-
 ously approved by the legislature.
   §  36.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
 laws of 2005, relating to providing for the  administration  of  certain
 funds  and  accounts  related  to  the  2005-2006  budget, as amended by
 section 39 of part FFF of chapter 56 of the laws of 2022, is amended  to
 read as follows:
   (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
 notwithstanding any provisions of law  to  the  contrary,  one  or  more
 authorized  issuers  as defined by section 68-a of the state finance law
 are hereby authorized to issue bonds or notes in one or more  series  in
 an  aggregate  principal  amount not to exceed [one hundred ninety-seven
 million dollars $197,000,000] TWO HUNDRED  FORTY-SEVEN  MILLION  DOLLARS
 $247,000,000, excluding bonds issued to finance one or more debt service
 reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
 notes issued to refund or otherwise repay such bonds or notes previously
 issued, for  the  purpose  of  financing  capital  projects  for  public
 protection  facilities  in  the  Division of Military and Naval Affairs,
 debt service and leases; and to reimburse the  state  general  fund  for
 disbursements  made  therefor.  Such  bonds and notes of such authorized
 issuer shall not be a debt of the state, and  the  state  shall  not  be
 liable  thereon,  nor  shall they be payable out of any funds other than
 those appropriated by the state  to  such  authorized  issuer  for  debt
 service  and  related expenses pursuant to any service contract executed
 pursuant to subdivision (b) of this section and  such  bonds  and  notes
 shall contain on the face thereof a statement to such effect. Except for
 purposes  of  complying  with  the  internal  revenue code, any interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   § 37. Section 53 of section 1 of chapter 174  of  the  laws  of  1968,
 constituting  the  New  York state urban development corporation act, as
 amended by section 40 of part FFF of chapter 56 of the laws of 2022,  is
 amended to read as follows:
   §  53.  1.  Notwithstanding  the  provisions  of  any other law to the
 contrary, the dormitory authority and the urban development  corporation
 are  hereby authorized to issue bonds or notes in one or more series for
 the purpose of funding project costs for the acquisition  of  equipment,
 including  but  not limited to the creation or modernization of informa-
 tion technology systems and related research and development  equipment,
 health and safety equipment, heavy equipment and machinery, the creation
 or  improvement  of security systems, and laboratory equipment and other
 state costs associated with such capital projects. The aggregate princi-
 pal amount of bonds authorized to be issued  pursuant  to  this  section
 shall   not   exceed   [three   hundred   ninety-three  million  dollars
 S. 4006--C                         104                        A. 3006--C

 $393,000,000] FOUR HUNDRED NINETY-THREE  MILLION  DOLLARS  $493,000,000,
 excluding  bonds  issued to fund one or more debt service reserve funds,
 to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
 refund  or  otherwise  repay such bonds or notes previously issued. Such
 bonds and notes of the dormitory authority  and  the  urban  development
 corporation shall not be a debt of the state, and the state shall not be
 liable  thereon,  nor  shall they be payable out of any funds other than
 those appropriated by the state to the dormitory authority and the urban
 development corporation for principal, interest,  and  related  expenses
 pursuant to a service contract and such bonds and notes shall contain on
 the  face  thereof  a  statement  to such effect. Except for purposes of
 complying with the internal revenue code, any interest income earned  on
 bond proceeds shall only be used to pay debt service on such bonds.
   2.  Notwithstanding  any  other  provision  of law to the contrary, in
 order to assist the dormitory authority and the urban development corpo-
 ration in undertaking the financing for project costs for  the  acquisi-
 tion  of equipment, including but not limited to the creation or modern-
 ization of information  technology  systems  and  related  research  and
 development  equipment, health and safety equipment, heavy equipment and
 machinery, the creation or improvement of security systems, and  labora-
 tory  equipment  and  other  state  costs  associated  with such capital
 projects, the director of the budget is hereby authorized to enter  into
 one or more service contracts with the dormitory authority and the urban
 development  corporation,  none  of  which  shall exceed thirty years in
 duration, upon such terms and conditions as the director of  the  budget
 and the dormitory authority and the urban development corporation agree,
 so  as  to  annually  provide  to  the dormitory authority and the urban
 development corporation, in the aggregate, a sum not to exceed the prin-
 cipal, interest, and related expenses required for such bonds and notes.
 Any service contract entered into pursuant to this section shall provide
 that the obligation of the state to  pay  the  amount  therein  provided
 shall  not  constitute  a  debt  of  the state within the meaning of any
 constitutional or statutory provision and shall be deemed executory only
 to the extent of  monies  available  and  that  no  liability  shall  be
 incurred  by  the  state  beyond  the monies available for such purpose,
 subject to annual appropriation by the legislature. Any such contract or
 any payments made or to be made thereunder may be assigned  and  pledged
 by  the  dormitory  authority  and  the urban development corporation as
 security for its bonds and notes, as authorized by this section.
   § 38. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
 1991,  amending  the  state  finance  law and other laws relating to the
 establishment of the dedicated highway and bridge trust fund, as amended
 by section 41 of part FFF of chapter 56 of the laws of 2022, is  amended
 to read as follows:
   (b) Any service contract or contracts for projects authorized pursuant
 to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
 14-k of the transportation law, and entered into pursuant to subdivision
 (a) of this section, shall provide  for  state  commitments  to  provide
 annually  to  the  thruway  authority a sum or sums, upon such terms and
 conditions as shall be deemed appropriate by the director of the budget,
 to fund, or fund the debt service requirements of any bonds or any obli-
 gations of the thruway authority issued to  fund  or  to  reimburse  the
 state for funding such projects having a cost not in excess of [thirteen
 billion  fifty-three  million  eight hundred eighty-one thousand dollars
 $13,053,881,000] THIRTEEN BILLION NINE HUNDRED  FORTY-NINE  MILLION  TWO
 HUNDRED THIRTY-FOUR THOUSAND DOLLARS $13,949,234,000 cumulatively by the
 S. 4006--C                         105                        A. 3006--C
 
 end of fiscal year [2022-23] 2023-24.  For purposes of this subdivision,
 such projects shall be deemed to include capital grants to cities, towns
 and  villages  for  the reimbursement of eligible capital costs of local
 highway  and bridge projects within such municipality, where allocations
 to cities, towns and villages are based on the total number of New  York
 or United States or interstate signed touring route miles for which such
 municipality  has  capital  maintenance  responsibility,  and where such
 eligible capital costs include the costs of construction and  repair  of
 highways,  bridges, highway-railroad crossings, and other transportation
 facilities for projects with a service life of ten years or more.
   § 39. Subdivision 1 of section 1689-i of the public  authorities  law,
 as  amended by section 42 of part FFF of chapter 56 of the laws of 2022,
 is amended to read as follows:
   1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
 request  of  the  commissioner of education, to finance eligible library
 construction projects pursuant to section two hundred seventy-three-a of
 the education law, in amounts certified  by  such  commissioner  not  to
 exceed  a  total principal amount of [three hundred thirty-three million
 dollars  $333,000,000]  THREE  HUNDRED   SIXTY-SEVEN   MILLION   DOLLARS
 $367,000,000.
   §  40.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
 constituting the New York state urban development  corporation  act,  as
 amended  by section 43 of part FFF of chapter 56 of the laws of 2022, is
 amended to read as follows:
   § 44. Issuance of certain  bonds  or  notes.  1.  Notwithstanding  the
 provisions of any other law to the contrary, the dormitory authority and
 the  corporation are hereby authorized to issue bonds or notes in one or
 more series for the purpose of funding project costs  for  the  regional
 economic  development  council  initiative,  the economic transformation
 program, state university of New York college for nanoscale and  science
 engineering,  projects  within  the city of Buffalo or surrounding envi-
 rons, the New York works economic development  fund,  projects  for  the
 retention of professional football in western New York, the empire state
 economic  development  fund,  the  clarkson-trudeau partnership, the New
 York genome center, the cornell university college of  veterinary  medi-
 cine,  the  olympic  regional  development  authority,  projects at nano
 Utica, onondaga county revitalization  projects,  Binghamton  university
 school of pharmacy, New York power electronics manufacturing consortium,
 regional  infrastructure  projects,  high  tech  innovation and economic
 development  infrastructure  program,  high   technology   manufacturing
 projects in Chautauqua and Erie county, an industrial scale research and
 development  facility  in  Clinton county, upstate revitalization initi-
 ative projects, downstate revitalization  initiative,  market  New  York
 projects,  fairground  buildings,  equipment or facilities used to house
 and promote agriculture, the state fair, the  empire  state  trail,  the
 moynihan  station  development  project, the Kingsbridge armory project,
 strategic economic development projects, the cultural, arts  and  public
 spaces  fund,  water  infrastructure  in  the city of Auburn and town of
 Owasco, a life sciences laboratory public  health  initiative,  not-for-
 profit  pounds, shelters and humane societies, arts and cultural facili-
 ties improvement program, restore  New  York's  communities  initiative,
 heavy  equipment,  economic  development  and  infrastructure  projects,
 Roosevelt Island operating corporation capital  projects,  Lake  Ontario
 regional  projects,  Pennsylvania  station  and  other transit projects,
 athletic facilities for professional football in Orchard Park, New  York
 and other state costs associated with such projects. The aggregate prin-
 S. 4006--C                         106                        A. 3006--C
 
 cipal  amount  of bonds authorized to be issued pursuant to this section
 shall not exceed [fourteen billion nine hundred sixty-eight million four
 hundred two thousand  dollars  $14,968,402,000]  SEVENTEEN  BILLION  SIX
 HUNDRED   FIFTY-FIVE   MILLION   SIX   HUNDRED   TWO   THOUSAND  DOLLARS
 $17,655,602,000, excluding bonds issued to fund one or more debt service
 reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
 notes issued to refund or otherwise repay such bonds or notes previously
 issued.  Such  bonds and notes of the dormitory authority and the corpo-
 ration shall not be a debt of the state, and  the  state  shall  not  be
 liable  thereon,  nor  shall they be payable out of any funds other than
 those appropriated by the state  to  the  dormitory  authority  and  the
 corporation  for principal, interest, and related expenses pursuant to a
 service contract and such bonds and notes  shall  contain  on  the  face
 thereof  a  statement  to  such effect. Except for purposes of complying
 with the internal revenue code,  any  interest  income  earned  on  bond
 proceeds shall only be used to pay debt service on such bonds.
   2.  Notwithstanding  any  other  provision  of law to the contrary, in
 order to assist the dormitory authority and the corporation in undertak-
 ing the financing for project costs for the regional  economic  develop-
 ment  council  initiative,  the  economic  transformation program, state
 university of New York college for nanoscale  and  science  engineering,
 projects  within  the  city  of Buffalo or surrounding environs, the New
 York works economic development fund,  projects  for  the  retention  of
 professional  football  in  western  New York, the empire state economic
 development fund, the clarkson-trudeau partnership, the New York  genome
 center, the cornell university college of veterinary medicine, the olym-
 pic  regional  development  authority,  projects at nano Utica, onondaga
 county revitalization projects, Binghamton university school of  pharma-
 cy,  New  York  power  electronics  manufacturing  consortium,  regional
 infrastructure projects, New York State Capital Assistance  Program  for
 Transportation,  infrastructure,  and  economic  development,  high tech
 innovation and economic development infrastructure program,  high  tech-
 nology  manufacturing  projects in Chautauqua and Erie county, an indus-
 trial scale research and development facility in Clinton county, upstate
 revitalization initiative projects, downstate revitalization initiative,
 market New York projects, fairground buildings, equipment or  facilities
 used  to house and promote agriculture, the state fair, the empire state
 trail, the moynihan station development project, the Kingsbridge  armory
 project, strategic economic development projects, the cultural, arts and
 public  spaces fund, water infrastructure in the city of Auburn and town
 of Owasco, a life sciences laboratory public health initiative, not-for-
 profit pounds, shelters and humane societies, arts and cultural  facili-
 ties  improvement  program,  restore  New York's communities initiative,
 heavy  equipment,  economic  development  and  infrastructure  projects,
 Roosevelt  Island  operating  corporation capital projects, Lake Ontario
 regional projects, Pennsylvania  station  and  other  transit  projects,
 athletic  facilities for professional football in Orchard Park, New York
 and other state costs associated with such projects the director of  the
 budget  is hereby authorized to enter into one or more service contracts
 with the dormitory authority and the corporation, none  of  which  shall
 exceed  thirty  years in duration, upon such terms and conditions as the
 director of the budget and the dormitory authority and  the  corporation
 agree,  so  as  to  annually  provide to the dormitory authority and the
 corporation, in the aggregate, a sum not to exceed the principal, inter-
 est, and related expenses required for such bonds and notes. Any service
 contract entered into pursuant to this section shall  provide  that  the
 S. 4006--C                         107                        A. 3006--C
 
 obligation  of  the  state  to pay the amount therein provided shall not
 constitute a debt of the state within the meaning of any  constitutional
 or  statutory provision and shall be deemed executory only to the extent
 of monies available and that no liability shall be incurred by the state
 beyond  the  monies available for such purpose, subject to annual appro-
 priation by the legislature. Any such contract or any payments  made  or
 to  be  made  thereunder  may  be  assigned and pledged by the dormitory
 authority and the corporation as security for its bonds  and  notes,  as
 authorized by this section.
   § 41. Subdivision 1 of section 386-b of the public authorities law, as
 amended  by section 44 of part FFF of chapter 56 of the laws of 2022, is
 amended to read as follows:
   1. Notwithstanding any other provision of law  to  the  contrary,  the
 authority, the dormitory authority and the urban development corporation
 are  hereby authorized to issue bonds or notes in one or more series for
 the purpose of financing peace bridge  projects  and  capital  costs  of
 state and local highways, parkways, bridges, the New York state thruway,
 Indian reservation roads, and facilities, and transportation infrastruc-
 ture   projects   including  aviation  projects,  non-MTA  mass  transit
 projects, and rail service preservation projects, including work  appur-
 tenant  and  ancillary  thereto. The aggregate principal amount of bonds
 authorized to be issued pursuant to this section shall not  exceed  [ten
 billion  one hundred forty-seven million eight hundred sixty-three thou-
 sand dollars $10,147,863,000] TWELVE BILLION THREE HUNDRED EIGHT MILLION
 THREE HUNDRED ELEVEN THOUSAND DOLLARS $12,308,311,000,  excluding  bonds
 issued  to  fund one or more debt service reserve funds, to pay costs of
 issuance of such bonds, and to refund or otherwise repay such  bonds  or
 notes  previously  issued.    Such bonds and notes of the authority, the
 dormitory authority and the urban development corporation shall not be a
 debt of the state, and the state shall not be liable thereon, nor  shall
 they  be  payable  out of any funds other than those appropriated by the
 state to the authority, the dormitory authority and the  urban  develop-
 ment  corporation for principal, interest, and related expenses pursuant
 to a service contract and such bonds and notes shall contain on the face
 thereof a statement to such effect. Except  for  purposes  of  complying
 with  the  internal  revenue  code,  any  interest income earned on bond
 proceeds shall only be used to pay debt service on such bonds.
   § 42. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
 housing  finance law, as amended by section 45 of part FFF of chapter 56
 of the laws of 2022, is amended to read as follows:
   (a) Subject to the provisions of chapter fifty-nine of the laws of two
 thousand, in order to enhance and encourage  the  promotion  of  housing
 programs  and thereby achieve the stated purposes and objectives of such
 housing programs, the agency shall have the power and is hereby  author-
 ized  from  time  to  time to issue negotiable housing program bonds and
 notes in such principal amount as shall be necessary to  provide  suffi-
 cient  funds  for the repayment of amounts disbursed (and not previously
 reimbursed) pursuant to law or any prior year making  capital  appropri-
 ations  or  reappropriations  for  the  purposes of the housing program;
 provided, however, that the agency may issue such bonds and notes in  an
 aggregate  principal  amount  not exceeding [thirteen billion eighty-two
 million eight hundred ninety-one thousand dollars $13,082,891,000] THIR-
 TEEN BILLION SIX HUNDRED THIRTY-FIVE MILLION  FOUR  HUNDRED  TWENTY-FIVE
 THOUSAND  DOLLARS  $13,635,425,000,  plus  a  principal  amount of bonds
 issued to fund the debt service reserve fund in accordance with the debt
 service reserve fund requirement established by the agency and  to  fund
 S. 4006--C                         108                        A. 3006--C
 
 any  other  reserves  that the agency reasonably deems necessary for the
 security or marketability of such bonds and to provide for  the  payment
 of   fees  and  other  charges  and  expenses,  including  underwriters'
 discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
 enhancement and liquidity enhancement related to the  issuance  of  such
 bonds  and  notes.  No  reserve  fund securing the housing program bonds
 shall be entitled or eligible to  receive  state  funds  apportioned  or
 appropriated to maintain or restore such reserve fund at or to a partic-
 ular level, except to the extent of any deficiency resulting directly or
 indirectly  from a failure of the state to appropriate or pay the agreed
 amount under any of the contracts provided for in  subdivision  four  of
 this section.
   §  43.  Subdivision 1 of section 50 of section 1 of chapter 174 of the
 laws of 1968, constituting the New York state urban  development  corpo-
 ration  act,  as  amended by section 46 of part FFF of chapter 56 of the
 laws of 2022, is amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the dormitory authority and the urban development corporation are hereby
 authorized to issue bonds or notes in one or more series for the purpose
 of  funding project costs undertaken by or on behalf of the state educa-
 tion department, special act school districts,  state-supported  schools
 for  the  blind  and  deaf,  approved private special education schools,
 non-public schools, community centers, day care facilities,  residential
 camps, day camps, Native American Indian Nation schools, and other state
 costs  associated  with  such capital projects.  The aggregate principal
 amount of bonds authorized to be issued pursuant to this  section  shall
 not  exceed  [three  hundred  one million seven hundred thousand dollars
 $301,700,000] THREE HUNDRED TWENTY-ONE MILLION SEVEN HUNDRED NINETY-NINE
 THOUSAND DOLLARS $321,799,000, excluding bonds issued  to  fund  one  or
 more debt service reserve funds, to pay costs of issuance of such bonds,
 and  bonds  or  notes  issued to refund or otherwise repay such bonds or
 notes previously issued. Such bonds and notes of the dormitory authority
 and the urban development corporation shall not be a debt of the  state,
 and the state shall not be liable thereon, nor shall they be payable out
 of any funds other than those appropriated by the state to the dormitory
 authority and the urban development corporation for principal, interest,
 and  related  expenses pursuant to a service contract and such bonds and
 notes shall contain on the face thereof  a  statement  to  such  effect.
 Except  for  purposes  of  complying with the internal revenue code, any
 interest income earned on bond proceeds shall only be used to  pay  debt
 service on such bonds.
   §  44.  Subdivision 1 of section 47 of section 1 of chapter 174 of the
 laws of 1968, constituting the New York state urban  development  corpo-
 ration  act,  as  amended by section 47 of part FFF of chapter 56 of the
 laws of 2022, is amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the  dormitory  authority  and  the corporation are hereby authorized to
 issue bonds or notes in one or more series for the  purpose  of  funding
 project costs for the office of information technology services, depart-
 ment  of  law,  and  other  state  costs  associated  with  such capital
 projects. The aggregate principal  amount  of  bonds  authorized  to  be
 issued  pursuant  to  this  section  shall  not  exceed [one billion one
 hundred  fifty-two  million  five  hundred  sixty-six  thousand  dollars
 $1,152,566,000]  ONE  BILLION  THREE  HUNDRED  FIFTY-THREE MILLION EIGHT
 HUNDRED  FIFTY-TWO  THOUSAND  DOLLARS  $1,353,852,000,  excluding  bonds
 issued  to  fund one or more debt service reserve funds, to pay costs of
 S. 4006--C                         109                        A. 3006--C
 
 issuance of such bonds, and bonds or notes issued to refund or otherwise
 repay such bonds or notes previously issued. Such bonds and notes of the
 dormitory authority and the corporation shall  not  be  a  debt  of  the
 state,  and  the  state  shall  not be liable thereon, nor shall they be
 payable out of any funds other than those appropriated by the  state  to
 the dormitory authority and the corporation for principal, interest, and
 related expenses pursuant to a service contract and such bonds and notes
 shall contain on the face thereof a statement to such effect. Except for
 purposes  of  complying  with  the  internal  revenue code, any interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   § 45. Paragraph (b) of subdivision 1 of  section  385  of  the  public
 authorities  law,  as amended by section 48 of part FFF of chapter 56 of
 the laws of 2022, is amended to read as follows:
   (b) The  authority  is  hereby  authorized,  as  additional  corporate
 purposes  thereof solely upon the request of the director of the budget:
 (i) to issue special emergency highway and bridge trust fund  bonds  and
 notes  for  a  term  not to exceed thirty years and to incur obligations
 secured by the moneys appropriated from the dedicated highway and bridge
 trust fund established in section eighty-nine-b  of  the  state  finance
 law; (ii) to make available the proceeds in accordance with instructions
 provided  by  the  director  of the budget from the sale of such special
 emergency highway and bridge trust fund  bonds,  notes  or  other  obli-
 gations,  net of all costs to the authority in connection therewith, for
 the purposes of financing all or a portion of the  costs  of  activities
 for  which  moneys in the dedicated highway and bridge trust fund estab-
 lished in section eighty-nine-b of the state finance law are  authorized
 to  be  utilized or for the financing of disbursements made by the state
 for the activities authorized pursuant to section eighty-nine-b  of  the
 state  finance  law; and (iii) to enter into agreements with the commis-
 sioner of transportation pursuant to section ten-e of  the  highway  law
 with  respect  to  financing  for  any activities authorized pursuant to
 section eighty-nine-b of the state finance law, or agreements  with  the
 commissioner  of  transportation pursuant to sections ten-f and ten-g of
 the highway law in connection with activities on state highways pursuant
 to these sections, and (iv) to enter into service contracts,  contracts,
 agreements,  deeds  and  leases  with  the director of the budget or the
 commissioner of  transportation  and  project  sponsors  and  others  to
 provide  for  the  financing  by  the authority of activities authorized
 pursuant to section eighty-nine-b of the state finance law, and each  of
 the  director  of  the budget and the commissioner of transportation are
 hereby authorized to enter into  service  contracts,  contracts,  agree-
 ments,  deeds  and leases with the authority, project sponsors or others
 to provide for such financing. The authority shall not issue  any  bonds
 or  notes  in  an  amount  in  excess of [nineteen billion seven hundred
 seventy-six   million   nine    hundred    twenty    thousand    dollars
 $19,776,920,000]  TWENTY  BILLION  SIX  HUNDRED FORTY-EIGHT MILLION FIVE
 HUNDRED SEVEN THOUSAND DOLLARS $20,648,507,000, plus a principal  amount
 of  bonds  or  notes:  (A) to fund capital reserve funds; (B) to provide
 capitalized interest; and, (C) to  fund  other  costs  of  issuance.  In
 computing  for the purposes of this subdivision, the aggregate amount of
 indebtedness evidenced by bonds and notes of the authority issued pursu-
 ant to this section, as amended by a chapter of  the  laws  of  nineteen
 hundred ninety-six, there shall be excluded the amount of bonds or notes
 issued  that  would constitute interest under the United States Internal
 S. 4006--C                         110                        A. 3006--C
 
 Revenue Code of 1986, as amended, and the amount of indebtedness  issued
 to refund or otherwise repay bonds or notes.
   §  46.  Subdivision 1 of section 1680-r of the public authorities law,
 as amended by section 50 of part FFF of chapter 56 of the laws of  2022,
 is amended to read as follows:
   1.  Notwithstanding  the  provisions of any other law to the contrary,
 the dormitory authority and the urban development corporation are hereby
 authorized to issue bonds or notes in one or more series for the purpose
 of funding project costs for the capital restructuring financing program
 for health care and related facilities licensed pursuant to  the  public
 health  law  or  the mental hygiene law and other state costs associated
 with such capital projects,  the  health  care  facility  transformation
 programs,  the  essential health care provider program, and other health
 care capital project costs. The  aggregate  principal  amount  of  bonds
 authorized  to be issued pursuant to this section shall not exceed [four
 billion six hundred fifty-three  million  dollars  $4,653,000,000]  FIVE
 BILLION  ONE HUNDRED FIFTY-THREE MILLION DOLLARS $5,153,000,000, exclud-
 ing bonds issued to fund one or more debt service reserve funds, to  pay
 costs  of issuance of such bonds, and bonds or notes issued to refund or
 otherwise repay such bonds or notes previously issued.  Such  bonds  and
 notes  of  the dormitory authority and the urban development corporation
 shall not be a debt of the state, and the  state  shall  not  be  liable
 thereon,  nor  shall  they  be payable out of any funds other than those
 appropriated by the state to  the  dormitory  authority  and  the  urban
 development  corporation  for  principal, interest, and related expenses
 pursuant to a service contract and such bonds and notes shall contain on
 the face thereof a statement to such  effect.  Except  for  purposes  of
 complying  with the internal revenue code, any interest income earned on
 bond proceeds shall only be used to pay debt service on such bonds.
   § 47. Subdivision 1 of section 1680-k of the public  authorities  law,
 as  amended by section 51 of part FFF of chapter 56 of the laws of 2022,
 is amended to read as follows:
   1. Subject to the provisions of chapter fifty-nine of the laws of  two
 thousand, but notwithstanding any provisions of law to the contrary, the
 dormitory  authority is hereby authorized to issue bonds or notes in one
 or more series in an aggregate principal amount  not  to  exceed  [forty
 million  eight  hundred  thirty  thousand  dollars  ($40,830,000)] FORTY
 MILLION NINE HUNDRED FORTY-FIVE THOUSAND DOLLARS $40,945,000,  excluding
 bonds  issued  to finance one or more debt service reserve funds, to pay
 costs of issuance of such bonds, and bonds or notes issued to refund  or
 otherwise  repay  such bonds or notes previously issued, for the purpose
 of financing the construction of the  New  York  state  agriculture  and
 markets  food laboratory. Eligible project costs may include, but not be
 limited to the cost of  design,  financing,  site  investigations,  site
 acquisition  and  preparation, demolition, construction, rehabilitation,
 acquisition of machinery and equipment, and infrastructure improvements.
 Such bonds and notes of such authorized issuers shall not be a  debt  of
 the  state, and the state shall not be liable thereon, nor shall they be
 payable out of any funds other than those appropriated by the  state  to
 such  authorized  issuers for debt service and related expenses pursuant
 to any service contract executed pursuant to  subdivision  two  of  this
 section  and  such  bonds  and notes shall contain on the face thereof a
 statement to such effect. Except for  purposes  of  complying  with  the
 internal revenue code, any interest income earned on bond proceeds shall
 only be used to pay debt service on such bonds.
 S. 4006--C                         111                        A. 3006--C
 
   §  48.  Paragraph  (b) of subdivision 3 and clause (B) of subparagraph
 (iii) of paragraph (j) of subdivision 4 of section 1 of part D of  chap-
 ter 63 of the laws of 2005, relating to the composition and responsibil-
 ities  of  the  New  York  state higher education capital matching grant
 board, as amended by section 52 of part FFF of chapter 56 of the laws of
 2022, are amended to read as follows:
   (b)  Within amounts appropriated therefor, the board is hereby author-
 ized and directed to  award  matching  capital  grants  totaling  [three
 hundred  forty-five  million dollars $345,000,000] THREE HUNDRED EIGHTY-
 FIVE MILLION DOLLARS, $385,000,000. Each college shall be eligible for a
 grant award amount as determined by the calculations pursuant to  subdi-
 vision  five of this section. In addition, such colleges shall be eligi-
 ble to compete for additional funds pursuant to paragraph (h) of  subdi-
 vision four of this section.
   (B)  The  dormitory authority shall not issue any bonds or notes in an
 amount  in  excess  of  [three  hundred   forty-five   million   dollars
 $345,000,000]  THREE  HUNDRED  EIGHTY-FIVE MILLION DOLLARS, $385,000,000
 for the purposes of this section; excluding bonds  or  notes  issued  to
 fund one or more debt service reserve funds, to pay costs of issuance of
 such  bonds, and bonds or notes issued to refund or otherwise repay such
 bonds or notes previously issued. Except for purposes of complying  with
 the  internal  revenue code, any interest on bond proceeds shall only be
 used to pay debt service on such bonds.
   § 49. Paragraph (b) of subdivision 1 of section 54-b of section  1  of
 chapter  174  of the laws of 1968, constituting the New York state urban
 development corporation act, as added by section 54 of part FFF of chap-
 ter 56 of the laws of 2022, is amended to read as follows:
   (b) Notwithstanding any  other  provision  of  law  to  the  contrary,
 including,  specifically,  the  provisions  of chapter 59 of the laws of
 2000 and section sixty-seven-b of the state finance law,  the  dormitory
 authority  of  the  state  of  New  York  and the corporation are hereby
 authorized to issue personal income tax revenue anticipation notes  with
 a maturity no later than March 31, [2023] 2024, in one or more series in
 an  aggregate  principal amount for each fiscal year not to exceed three
 billion dollars, and to pay costs of issuance of  such  notes,  for  the
 purpose  of  temporarily  financing  budgetary  needs of the state. Such
 purpose shall constitute an authorized purpose under subdivision two  of
 section sixty-eight-a of the state finance law for all purposes of arti-
 cle five-C of the state finance law with respect to the notes authorized
 by  this  paragraph.  Such  notes  shall  not  be  renewed,  extended or
 refunded. For so long as any notes authorized by this paragraph shall be
 outstanding, the restrictions, limitations and requirements contained in
 article five-B of the state finance law shall not apply.
   § 50. Paragraph (c) of subdivision 1 of section 55-b of section  1  of
 chapter  174  of the laws of 1968, constituting the New York state urban
 development corporation act, as added by section 55 of part FFF of chap-
 ter 56 of the laws of 2022, is amended to read as follows:
   (c) Notwithstanding any  other  provision  of  law  to  the  contrary,
 including,  specifically,  the  provisions  of chapter 59 of the laws of
 2000 and section 67-b of the state finance law, the dormitory  authority
 of  the  state  of  New  York  and the urban development corporation are
 authorized until March 31, [2023] 2024 to: (i) enter into  one  or  more
 line  of credit facilities not in excess of [two] ONE billion dollars in
 aggregate principal amount; (ii) draw, at  one  or  more  times  at  the
 direction of the director of the budget, upon such line of credit facil-
 ities  and  provide to the state the amounts so drawn for the purpose of
 S. 4006--C                         112                        A. 3006--C
 
 assisting  the  state  to  temporarily  finance  its  budgetary   needs;
 provided,  however,  that  the total principal amounts of such draws for
 each fiscal year shall not exceed [two] ONE billion dollars;  and  (iii)
 secure  repayment  of all draws under such line of credit facilities and
 the payment of related expenses and fees, which  repayment  and  payment
 obligations  shall not constitute a debt of the state within the meaning
 of any constitutional or statutory provision and shall be deemed  execu-
 tory only to the extent moneys are available and that no liability shall
 be  incurred  by the state beyond the moneys available for such purpose,
 and that such payment obligation is subject to annual  appropriation  by
 the  legislature. Any line of credit facility agreements entered into by
 the dormitory authority of the state of New York and/or the urban devel-
 opment corporation with financial institutions pursuant to this  section
 may contain such provisions that the dormitory authority of the state of
 New  York  and/or  the  urban  development corporation deem necessary or
 desirable for the establishment of such credit facilities.  The  maximum
 term  of  any line of credit facility shall be one year from the date of
 incurrence; provided however that no draw on any  such  line  of  credit
 facility  shall  occur after March 31, [2023] 2024, and provided further
 that any such line of credit facility whose term  extends  beyond  March
 31, [2023] 2024 shall be supported by sufficient appropriation authority
 enacted  by  the  legislature  that  provides  for  the repayment of all
 amounts drawn and remaining unpaid as of March 31, [2023] 2024, as  well
 as  the  payment of related expenses and fees incurred and to become due
 and payable by the dormitory authority of the state of New  York  and/or
 the urban development corporation.
   §  51.  Subdivisions 2 and 3 of section 58 of section 1 of chapter 174
 of the laws of 1968, constituting the New York state  urban  development
 corporation act, as added by section 56 of part FFF of chapter 56 of the
 laws  of  2022,  are amended and a new subdivision 5 is added to read as
 follows:
   2. Definitions. When used in this section:
   (A) "Commission" shall mean  the  gateway  development  commission,  a
 bi-state  commission and a body corporate and politic established by the
 state of New Jersey and the state of New  York,  acting  in  the  public
 interest  and  exercising essential governmental functions in accordance
 with the Gateway development commission act, and any successor thereto.
   (B) "Federal transportation loan" shall mean one or more loans made to
 the commission to finance the Hudson tunnel project under or pursuant to
 any U.S. Department of Transportation program or act, including but  not
 limited  to  the Railroad Rehabilitation & Improvement Financing Program
 or the Transportation Infrastructure Finance and Innovation  Act,  which
 loan or loans are related to the state capital commitment.
   (C) "Gateway development commission act" shall mean chapter 108 of the
 laws of New York, 2019, as amended.
   (D) "Gateway project" shall mean the Hudson tunnel project.
   (E)  "Hudson  tunnel  project"  shall  mean  the project consisting of
 construction of a tunnel connecting the  states  of  New  York  and  New
 Jersey  and  the  completion  of  certain ancillary facilities including
 construction of concrete casing at Hudson Yards in Manhattan,  New  York
 and the rehabilitation of the existing North River Tunnels.
   (F)  "State  capital commitment" shall mean (I) an aggregate principal
 amount not to exceed  [$2,350,000,000]  $2,850,000,000,  plus  (II)  any
 interest  costs,  including  capitalized  interest,  and  (III)  related
 expenses and fees, ALL OF WHICH SHALL BE payable by  the  state  of  New
 York  to,  OR  AT  THE  DIRECTION  OF,  the commission under one or more
 S. 4006--C                         113                        A. 3006--C
 
 service contracts or other agreements pursuant to this section, as  well
 as any expenses of the state incurred in connection therewith.
   (G)  "Related expenses and fees" shall mean commitment fees, SERVICING
 AND MONITORING COSTS, CREDIT RISK PREMIUM PAYMENTS AND SIMILAR  CHARGES,
 ADMINISTRATIVE  FEES  and  other  ancillary  costs,  expenses  and  fees
 incurred, and to become due and payable, by the commission in connection
 with the Federal transportation loan, OR BY THE STATE IN CONNECTION WITH
 ANY SERVICE CONTRACT.
   3. Notwithstanding any other provision of  law  to  the  contrary,  in
 order  to  provide for the payment for the state capital commitment, the
 director of the budget is hereby authorized to enter into  one  or  more
 service contracts or other agreements with the commission, none of which
 shall  exceed  the  maximum duration of the Federal transportation loan,
 upon such terms and conditions as the director of the budget and commis-
 sion agree, so as to provide to OR AT THE DIRECTION OF  the  commission,
 for each state fiscal year, a sum not to exceed the amount required [for
 the payment of the state capital commitment] TO BE PAID AS PRINCIPAL AND
 INTEREST  UNDER  THE  FEDERAL  TRANSPORTATION LOAN FOR SUCH FISCAL YEAR,
 PLUS RELATED EXPENSES AND FEES for such fiscal year.  Any  such  service
 contract  or  other  agreement  shall provide that the obligation of the
 state to pay the amount therein provided shall not constitute a debt  of
 the  state  within  the  meaning  of  any  constitutional  or  statutory
 provision and shall be deemed executory only to  the  extent  of  monies
 available,  that  no liability shall be incurred by the state beyond the
 monies available for such purpose, and that such obligation  is  subject
 to annual appropriation by the legislature. Any such service contract or
 other  agreement  and  any payments made or to be made thereunder may be
 assigned and pledged by the commission as security for the repayment  by
 the commission of the Federal transportation loan.
   5.  ON  OR  BEFORE  THE BEGINNING OF EACH QUARTER, THE DIRECTOR OF THE
 BUDGET SHALL CERTIFY TO THE STATE COMPTROLLER THE  ESTIMATED  AMOUNT  OF
 MONIES  THAT  SHALL  BE  RESERVED  IN  THE GENERAL DEBT SERVICE FUND FOR
 PAYMENT PURSUANT TO ANY SERVICE CONTRACT AUTHORIZED BY SUBDIVISION 3  OF
 THIS  SECTION PAYABLE BY SUCH FUND DURING EACH MONTH OF THE STATE FISCAL
 YEAR. SUCH  CERTIFICATE  MAY  BE  PERIODICALLY  UPDATED,  AS  NECESSARY.
 NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, THE STATE COMP-
 TROLLER SHALL RESERVE IN THE GENERAL DEBT SERVICE  FUND  THE  AMOUNT  OF
 MONIES  IDENTIFIED ON SUCH CERTIFICATE AS NECESSARY FOR PAYMENT PURSUANT
 TO ANY SERVICE CONTRACT AUTHORIZED BY  SUBDIVISION  3  OF  THIS  SECTION
 DURING  THE CURRENT OR NEXT SUCCEEDING QUARTER OF THE STATE FISCAL YEAR.
 SUCH MONIES SO RESERVED SHALL NOT BE AVAILABLE FOR  ANY  OTHER  PURPOSE.
 SUCH  CERTIFICATE  SHALL  BE  REPORTED TO THE CHAIRPERSONS OF THE SENATE
 FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE.
   § 52. Notwithstanding any law to  the  contrary,  the  comptroller  is
 hereby authorized and directed to transfer, upon request of the director
 of  the  budget,  on or before March 31, 2024 the following amounts from
 the following special revenue accounts or enterprise funds to the gener-
 al fund, for the  purposes of offsetting principal and  interest  costs,
 incurred  by  the  state  pursuant  to  section  fifty-four of this act,
 provided that the annual amount of the transfer shall be  no  more  than
 the  principal  and  interest  that would have otherwise been due to the
 power authority of the state of New York, from any state  agency,  in  a
 given state fiscal year.  Amounts pertaining to special revenue accounts
 assigned  to the state university of New York shall be considered inter-
 changeable between the designated special revenue accounts  as  to  meet
 the requirements of this section and section fifty-four of this act:
 S. 4006--C                         114                        A. 3006--C
 
   1.  $15,000,000  from  the  miscellaneous  special revenue fund, state
 university general income reimbursable account (22653).
   2.  $5,000,000  from  the  miscellaneous  special  revenue fund, state
 university dormitory income reimbursable account (21937).
   3. $5,000,000 from the enterprise fund, city university senior college
 operating fund (60851).
   § 53. Section 59 of section 1 of chapter 174  of  the  laws  of  1968,
 constituting  the  New  York state urban development corporation act, as
 added by section 59 of part FFF of chapter 56 of the laws  of  2022,  is
 amended to read as follows:
   §  59.  The dormitory authority of the state of New York, the New York
 state urban development corporation, and  the  New  York  state  thruway
 authority  are  hereby  authorized  to issue bonds in one or more series
 under either article 5-C or article 5-F of the state finance law for the
 purpose of refunding obligations of the power authority of the state  of
 New York to fund energy efficiency projects at state agencies including,
 but not limited to, the state university of New York, city university of
 New  York, the New York state office of general services, New York state
 office of mental health, state education department, and New York  state
 department  of  agriculture and markets.  The aggregate principal amount
 of bonds authorized to be issued pursuant  to  this  section  shall  not
 exceed  [two hundred million dollars ($200,000,000)] FOUR HUNDRED SEVEN-
 TY-FIVE MILLION DOLLARS ($475,000,000), excluding bonds  issued  to  pay
 costs  of  issuance  of such bonds and to refund or otherwise repay such
 bonds. Such bonds issued by the dormitory authority of the state of  New
 York,  the  New  York  state urban development corporation, and New York
 state thruway authority shall not be a debt of the state, and the  state
 shall  not be liable thereon, nor shall they be payable out of any funds
 other than those appropriated by the state under article 5-C or  article
 5-F of the state finance law, as applicable.
   § 54. Subdivision 1 of section 386-a of the public authorities law, as
 amended  by section 49 of part FFF of chapter 56 of the laws of 2022, is
 amended to read as follows:
   1. Notwithstanding any other provision of law  to  the  contrary,  the
 authority, the dormitory authority and the urban development corporation
 are  hereby authorized to issue bonds or notes in one or more series for
 the purpose of assisting the metropolitan  transportation  authority  in
 the  financing  of  transportation  facilities as defined in subdivision
 seventeen of section twelve hundred sixty-one of this chapter  or  other
 capital  projects. The aggregate principal amount of bonds authorized to
 be issued pursuant to this section shall not exceed twelve billion  five
 hundred   fifteen  million  eight  hundred  fifty-six  thousand  dollars
 $12,515,856,000, excluding bonds issued to fund one or more debt service
 reserve funds, to pay costs of issuance of such bonds, and to refund  or
 otherwise  repay  such  bonds or notes previously issued. Such bonds and
 notes of the authority, the dormitory authority and the  urban  develop-
 ment  corporation  shall not be a debt of the state, and the state shall
 not be liable thereon, nor shall they be payable out of any funds  other
 than  those  appropriated  by  the state to the authority, the dormitory
 authority and the urban development corporation for principal, interest,
 and related expenses pursuant to a service contract and such  bonds  and
 notes  shall  contain  on  the  face thereof a statement to such effect.
 Except for purposes of complying with the  internal  revenue  code,  any
 interest  income  earned on bond proceeds shall only be used to pay debt
 service on such bonds.  Notwithstanding any other provision  of  law  to
 the contrary, including the limitations contained in subdivision four of
 S. 4006--C                         115                        A. 3006--C
 
 section  sixty-seven-b of the state finance law, (A) any bonds and notes
 issued prior to April first,  two  thousand  [twenty-three]  TWENTY-FOUR
 pursuant  to this section may be issued with a maximum maturity of fifty
 years,  and  (B)  any bonds issued to refund such bonds and notes may be
 issued with a maximum maturity of fifty years from the  respective  date
 of original issuance of such bonds and notes.
   §  55.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
 finance law, as amended by section 46 of part JJ of chapter  56  of  the
 laws of 2020, is amended to read as follows:
   (b)  On  or  before the beginning of each quarter, the director of the
 budget may certify to the state  comptroller  the  estimated  amount  of
 monies  that  shall be reserved in the general debt service fund for the
 payment of debt service and related expenses payable by such fund during
 each month of the state fiscal year, excluding  payments  due  from  the
 revenue  bond tax fund. Such certificate may be periodically updated, as
 necessary. Notwithstanding any provision of law  to  the  contrary,  the
 state  comptroller  shall  reserve  in the general debt service fund the
 amount of monies identified on such certificate  as  necessary  for  the
 payment  of debt service and related expenses during the current or next
 succeeding quarter of the state fiscal year. Such monies reserved  shall
 not  be  available  for  any  other  purpose.  Such certificate shall be
 reported to the chairpersons of the Senate  Finance  Committee  and  the
 Assembly  Ways  and  Means  Committee.  The provisions of this paragraph
 shall expire June thirtieth, two thousand [twenty-three] TWENTY-SIX.
   § 56. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2023; provided,
 however,  that  the provisions of sections one, one-a, two, three, four,
 five, six, seven, eight, thirteen, fourteen,  fifteen,  sixteen,  seven-
 teen,  eighteen,  nineteen,  twenty  and  twenty-two,  of this act shall
 expire March 31, 2024  when  upon  such  date  the  provisions  of  such
 sections shall be deemed repealed.
 
                                  PART QQ
 
   Section  1.  Section  1005 of the public authorities law is amended by
 adding a new subdivision 27-a to read as follows:
   27-A. (A) THE AUTHORITY IS AUTHORIZED AND DIRECTED, TO:
   (I) PLAN, DESIGN, DEVELOP, FINANCE, CONSTRUCT, OWN, OPERATE,  MAINTAIN
 AND  IMPROVE,  EITHER  ALONE, OR JOINTLY WITH OTHER ENTITIES THROUGH THE
 USE OF PUBLIC-PRIVATE AGREEMENTS ESTABLISHED IN PARAGRAPH  (F)  OF  THIS
 SUBDIVISION,  RENEWABLE ENERGY GENERATING PROJECTS IN THE STATE, INCLUD-
 ING ITS TERRITORIAL WATERS, AND/OR ON PROPERTY OR IN  WATERS  UNDER  THE
 JURISDICTION OR REGULATORY AUTHORITY OF THE UNITED STATES, OR ANY COMPO-
 NENT  THEREOF,  TO:    SUPPORT THE STATE'S RENEWABLE ENERGY GOALS ESTAB-
 LISHED PURSUANT TO THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION  ACT;
 PROVIDE  OR  MAINTAIN  AN ADEQUATE AND RELIABLE SUPPLY OF ELECTRIC POWER
 AND ENERGY IN THE STATE, INCLUDING BUT NOT LIMITED TO, HIGH  NEED  AREAS
 AND  COMMUNITIES  SERVED BY SMALL NATURAL GAS POWER PLANTS AS DEFINED IN
 THIS SECTION; AND SUPPORT THE RENEWABLE ENERGY ACCESS AND COMMUNITY HELP
 PROGRAM ESTABLISHED  PURSUANT  TO  SUBDIVISION  TWENTY-SEVEN-B  OF  THIS
 SECTION; SUBJECT TO THE STRATEGIC PLAN DEVELOPED AND UPDATED PURSUANT TO
 PARAGRAPH  (E)  OF  THIS  SUBDIVISION  APPROVED  BY  THE TRUSTEES OF THE
 AUTHORITY, PROVIDED THAT THE AUTHORITY, OR  A  WHOLLY  OWNED  SUBSIDIARY
 THEREOF,  SHALL  AT  ALL  TIMES  MAINTAIN MAJORITY OWNERSHIP OF ANY SUCH
 PROJECT, AND PROVIDED FURTHER THAT THE AUTHORITY, ANY SUBSIDIARY  THERE-
 OF,  OR  ANY  OTHER  ENTITY  PARTICIPATING IN A PUBLIC-PRIVATE AGREEMENT
 S. 4006--C                         116                        A. 3006--C

 ESTABLISHED IN PARAGRAPH (F) OF THIS  SUBDIVISION,  SHALL  ONLY  DESIGN,
 DEVELOP, FINANCE, CONSTRUCT, OWN, OPERATE, MAINTAIN AND IMPROVE PROJECTS
 PURSUANT  TO THIS SUBDIVISION THAT HAVE BEEN IDENTIFIED IN THE STRATEGIC
 PLAN  OR ITS UPDATES AS PROVIDED IN SUBPARAGRAPH (V) OF PARAGRAPH (E) OF
 THIS SUBDIVISION; AND
   (II) NOTWITHSTANDING ANY CONFLICTING  PROVISION  OF  TITLE  FIVE-A  OF
 ARTICLE  NINE  OF  THIS CHAPTER, ACQUIRE FROM WILLING SELLERS, LEASE, OR
 DISPOSE OF PROPERTY INTERESTS RELATED TO THE DEVELOPMENT OR  DISPOSITION
 OF  RENEWABLE  ENERGY  GENERATING  PROJECTS AUTHORIZED BY THIS PARAGRAPH
 THROUGH A COMPETITIVE SELECTION PROCESS OR BY NEGOTIATION, PROVIDED THAT
 THE AUTHORITY AND ANY SUBSIDIARY THEREOF SHALL  RECEIVE  NOT  LESS  THAN
 FAIR  MARKET VALUE, SUPPORTED BY AN APPRAISAL PREPARED BY AN INDEPENDENT
 APPRAISER, FOR THE DISPOSAL OF ANY  INTEREST  IN  ANY  RENEWABLE  ENERGY
 GENERATING PROJECT.
   (B)  THE  AUTHORITY, ITS SUBSIDIARIES OR ANY ENTITY PARTICIPATING IN A
 PUBLIC-PRIVATE AGREEMENT ESTABLISHED IN PARAGRAPH (F) OF  THIS  SUBDIVI-
 SION  OR  ACTING  ON  BEHALF OF THE AUTHORITY, WHEN DEVELOPING RENEWABLE
 ENERGY GENERATING PROJECTS AUTHORIZED IN THIS SUBDIVISION,  OR  SUBDIVI-
 SION TWENTY-SEVEN-B OF THIS SECTION, SHALL: (I) NOT DEVELOP, EXCEPT WHEN
 NECESSARY FOR GENERATOR LEAD LINES AND OTHER EQUIPMENT NEEDED FOR INTER-
 CONNECTION OF PROJECTS TO THE ELECTRIC SYSTEM, ON PROPERTY THAT CONSISTS
 OF  LAND  USED  IN  AGRICULTURAL  PRODUCTION,  TAKING INTO CONSIDERATION
 WHETHER THE LAND IS WITHIN AN AGRICULTURAL DISTRICT OR CONTAINS  MINERAL
 SOIL  GROUPS  1-4,  AS  DEFINED  BY  THE  DEPARTMENT  OF AGRICULTURE AND
 MARKETS, UNLESS A RENEWABLE ENERGY GENERATION PROJECT IS IN  FURTHERANCE
 OF  AN AGRIVOLTAICS PROJECT; (II) MINIMIZE HARM TO WILDLIFE, ECOSYSTEMS,
 PUBLIC HEALTH AND PUBLIC SAFETY; AND (III) NOT BUILD  ON  LANDS  LOCATED
 UPON  ANY  NATIVE  AMERICAN  TERRITORY  OR RESERVATION LOCATED WHOLLY OR
 PARTLY WITHIN THE STATE, EXCEPT THROUGH VOLUNTARY SALE OR  OTHER  AGREE-
 MENT  FOR  SUCH  USE  WITH  THE  CONSENT  OF THE RELEVANT NATION AND ANY
 REQUIRED CONSENT OF THE FEDERAL GOVERNMENT.
   (C) RENEWABLE ENERGY GENERATING PROJECTS DEVELOPED BY  THE  AUTHORITY,
 OR  A  WHOLLY OWNED SUBSIDIARY, PURSUANT TO THIS SUBDIVISION OR SUBDIVI-
 SION TWENTY-SEVEN-B OF THIS SECTION THAT MEET ELIGIBILITY CRITERIA UNDER
 STATE PROGRAMS ADMINISTERED BY THE PUBLIC SERVICE COMMISSION AND THE NEW
 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL  BE  ELIGIBLE
 TO  RECEIVE  RENEWABLE  ENERGY  CERTIFICATES  IN  ACCORDANCE  WITH  SUCH
 PROGRAMS CONSISTENT WITH LAWS AND REGULATIONS.
   (D) NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE  OF
 THIS  SUBDIVISION,  AND  ANNUALLY THEREAFTER, THE AUTHORITY SHALL CONFER
 WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY,  THE
 OFFICE  OF  RENEWABLE  ENERGY  SITING, THE DEPARTMENT OF PUBLIC SERVICE,
 CLIMATE AND RESILIENCY EXPERTS, LABOR ORGANIZATIONS,  AND  ENVIRONMENTAL
 JUSTICE  AND  COMMUNITY ORGANIZATIONS CONCERNING THE STATE'S PROGRESS ON
 MEETING THE RENEWABLE ENERGY GOALS ESTABLISHED BY THE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT. WHEN EXERCISING THE AUTHORITY PROVIDED FOR
 IN PARAGRAPH (A) OF THIS SUBDIVISION, THE INFORMATION DEVELOPED  THROUGH
 SUCH  CONFERRAL  SHALL  BE USED TO IDENTIFY PROJECTS TO HELP ENSURE THAT
 THE STATE MEETS ITS GOALS UNDER THE  CLIMATE  LEADERSHIP  AND  COMMUNITY
 PROTECTION  ACT.  ANY  CONFERRAL  PROVIDED  FOR  IN THIS PARAGRAPH SHALL
 INCLUDE CONSIDERATION OF THE TIMING OF PROJECTS IN  THE  INTERCONNECTION
 QUEUE  OF THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR FOR NEW
 YORK STATE,  TAKING  INTO  ACCOUNT  BOTH  CAPACITY  FACTORS  OR  PLANNED
 PROJECTS  AND  THE INTERCONNECTION QUEUE'S HISTORICAL COMPLETION RATE. A
 REPORT ON THE INFORMATION DEVELOPED THROUGH   SUCH  CONFERRAL  SHALL  BE
 PUBLISHED AND MADE ACCESSIBLE ON THE WEBSITE OF THE AUTHORITY.
 S. 4006--C                         117                        A. 3006--C
 
   (E)  (I)  BEGINNING IN TWO THOUSAND TWENTY-FIVE, AND BIENNIALLY THERE-
 AFTER  UNTIL TWO THOUSAND THIRTY-THREE, THE AUTHORITY,  IN  CONSULTATION
 WITH  THE  NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE
 OFFICE OF RENEWABLE ENERGY SITING, THE DEPARTMENT OF PUBLIC SERVICE, AND
 THE  FEDERALLY  DESIGNATED  ELECTRIC  BULK  SYSTEM OPERATOR FOR NEW YORK
 STATE, SHALL DEVELOP AND PUBLISH BIENNIALLY A  RENEWABLE  ENERGY  GENER-
 ATION  STRATEGIC   PLAN ("STRATEGIC PLAN") THAT IDENTIFIES THE RENEWABLE
 ENERGY GENERATING PRIORITIES BASED ON THE PROVISIONS OF PARAGRAPH (A) OF
 THIS SUBDIVISION FOR THE TWO-YEAR PERIOD COVERED BY THE PLAN AS  FURTHER
 PROVIDED FOR IN THIS PARAGRAPH.
   (II)  IN  DEVELOPING,  AND UPDATING, THE STRATEGIC PLAN, THE AUTHORITY
 SHALL CONSIDER:
   (A) INFORMATION DEVELOPED PURSUANT TO PARAGRAPH (D) OF  THIS  SUBDIVI-
 SION;
   (B)  HIGH NEED AREAS WHERE TRANSMISSION AND DISTRIBUTION UPGRADES WILL
 BE NECESSARY TO INTERCONNECT NEW RENEWABLE ENERGY GENERATION PROJECTS;
   (C) THE FEASIBILITY OF PROJECTS, BASED ON COSTS,  POTENTIAL  BENEFITS,
 AND OTHER RELEVANT CONSIDERATIONS;
   (D) THE FISCAL CONDITION OF THE AUTHORITY AND THE IMPACTS OF POTENTIAL
 RENEWABLE  ENERGY  GENERATING  PROJECTS ON THE AUTHORITY AND ITS SUBSID-
 IARIES;
   (E) WAYS TO MINIMIZE ANY  NEGATIVE  TAX  REVENUE  IMPACTS  ON  MUNICI-
 PALITIES  THAT  HOST RENEWABLE ENERGY GENERATING PROJECTS, INCLUDING BUT
 NOT LIMITED TO, PILOT AND/OR COMMUNITY BENEFIT AGREEMENTS;
   (F) THE TIMING, CHARACTERISTICS  AND  SIZE  OF  THE  RENEWABLE  ENERGY
 GENERATING PROJECTS IN THE INTERCONNECTION QUEUE OF THE FEDERALLY DESIG-
 NATED ELECTRIC BULK SYSTEM OPERATOR FOR NEW YORK STATE;
   (G) IN CONSULTATION WITH THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM
 OPERATOR  FOR  NEW  YORK STATE, THE POWER, ENERGY AND ANCILLARY SERVICES
 PROVIDED BY PLANNED RENEWABLE ENERGY GENERATING  PROJECTS,  TAKING  INTO
 ACCOUNT THE HISTORICAL COMPLETION RATE OF SIMILAR PROJECTS; AND
   (H) OPPORTUNITIES TO WORK IN PARTNERSHIP WITH PRIVATE SECTOR RENEWABLE
 ENERGY  DEVELOPERS  TO  ACCELERATE ACTIVITY, CATALYZE GREATER SCALE, AND
 SPUR ADDITIONAL MARKET PARTICIPATION.
   (III) THE STRATEGIC PLAN SHALL ADDRESS THE PURPOSES  STATED  IN  PARA-
 GRAPH (A) OF THIS SUBDIVISION, AND  PRIORITIZE PROJECTS THAT:
   (A) ACTIVELY BENEFIT DISADVANTAGED COMMUNITIES;
   (B) SERVE PUBLICLY-OWNED FACILITIES; AND
   (C)  SUPPORT  THE  RENEWABLE  ENERGY ACCESS AND COMMUNITY HELP PROGRAM
 ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION.
   (IV) THE STRATEGIC PLAN SHALL ASSESS AND IDENTIFY AT A MINIMUM:
   (A) RENEWABLE ENERGY GENERATING HIGH NEED AND PRIORITY AREAS;
   (B) PRIORITY  LOCATIONS FOR THE DEVELOPMENT OF RENEWABLE ENERGY GENER-
 ATING PROJECTS;
   (C) THE TYPES  AND  CAPACITY  OF  RENEWABLE  ENERGY  RESOURCES  TO  BE
 UTILIZED;
   (D)  THE ESTIMATED COST OF RENEWABLE ENERGY GENERATING PROJECTS TO THE
 EXTENT KNOWN;
   (E) A DESCRIPTION OF ANY DELAYS OR ANTICIPATED DELAYS ASSOCIATED  WITH
 COMPLETION OF THE RENEWABLE ENERGY GENERATING PROJECTS;
   (F)  WHICH  OF THE INTENDED PURPOSES IN PARAGRAPH (A) OF THIS SUBDIVI-
 SION EACH RENEWABLE ENERGY GENERATING PROJECT IS INTENDED TO SUPPORT;
   (G) ANY PRIORITIZATION GIVEN TO THE ORDER OF DEVELOPMENT OF  RENEWABLE
 ENERGY GENERATING PROJECTS;
   (H)  THE  BENEFITS  ASSOCIATED  WITH  THE  RENEWABLE ENERGY GENERATING
 PROJECTS, INCLUDING ANY BENEFITS TO DISADVANTAGED COMMUNITIES;
 S. 4006--C                         118                        A. 3006--C
 
   (I) ANY BENEFITS TO RATE PAYERS;
   (J)  THE STATE'S PROGRESS TOWARDS ACHIEVING THE RENEWABLE ENERGY GOALS
 OF THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT; AND
   (K) ANY OTHER INFORMATION THE AUTHORITY DETERMINES TO BE APPROPRIATE.
   (V) THE PLAN SHALL INCLUDE A LIST OF PROPOSED RENEWABLE ENERGY  GENER-
 ATING  PROJECTS. SUCH LIST SHALL INCLUDE PROJECTS THAT ARE PLANNED TO BE
 COMMENCED PRIOR TO THE NEXT UPDATE OR VERSION OF THE PLAN,  AND  AT  THE
 AUTHORITY'S  DISCRETION  NEED  NOT  INCLUDE ANY PROJECTS IN THE PLANNING
 STAGE. EACH PROPOSED PROJECT LISTED SHALL INCLUDE, WITHOUT LIMITATION:
   (A) LOCATION OF THE PROJECT, TO THE EXTENT  THAT  PROPERTY  ASSOCIATED
 WITH SUCH LOCATION HAS BEEN SECURED FOR THE PROPOSED PROJECT;
   (B) THE TYPE, OR TYPES, OF RENEWABLE ENERGY RESOURCES UTILIZED;
   (C) THE POTENTIAL GENERATING CAPACITY OF EACH PROJECT;
   (D) THE ESTIMATED PROJECT COST;
   (E) THE TIMELINE FOR COMPLETION; AND
   (F)  THE  ENTITY UNDERTAKING THE PROPOSED PROJECT AND ANY PUBLIC PART-
 NERSHIP AGREEMENTS THE AUTHORITY OR ITS SUBSIDIARIES ENTER INTO FOR SUCH
 PROJECT.
   (VI) IN DEVELOPING THE STRATEGIC PLAN,  THE  AUTHORITY  SHALL  CONSULT
 WITH  STAKEHOLDERS INCLUDING, WITHOUT LIMITATION, CLIMATE AND RESILIENCY
 EXPERTS,  LABOR ORGANIZATIONS, ENVIRONMENTAL JUSTICE COMMUNITIES, DISAD-
 VANTAGED COMMUNITY MEMBERS, RESIDENTIAL  AND  SMALL  BUSINESS  RATEPAYER
 ADVOCATES,  AND  COMMUNITY ORGANIZATIONS. THE AUTHORITY SHALL ALSO SEEK,
 WHERE POSSIBLE, COMMUNITY INPUT THROUGH THE REGIONAL CLEAN  ENERGY  HUBS
 PROGRAM ADMINISTERED BY THE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
   (VII)  THE  AUTHORITY  SHALL POST A DRAFT OF THE STRATEGIC PLAN ON ITS
 WEBSITE FOR PUBLIC COMMENT FOR A PERIOD OF  AT  LEAST  SIXTY  DAYS,  AND
 SHALL HOLD AT LEAST THREE PUBLIC HEARINGS ON THE DRAFT STRATEGIC PLAN IN
 REGIONALLY DIVERSE PARTS OF THE STATE.
   (VIII)  THE  AUTHORITY  SHALL  AFTER CONSIDERING THE STAKEHOLDER INPUT
 PUBLISH  THE FIRST FINAL STRATEGIC PLAN  ON ITS WEBSITE  NO  LATER  THAN
 JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE.
   (IX)  THE  AUTHORITY,  UNTIL  TWO THOUSAND THIRTY-FIVE, SHALL   UPDATE
 EACH BIENNIAL STRATEGIC PLAN ANNUALLY, AFTER A PUBLIC COMMENT PERIOD  OF
 AT  LEAST  THIRTY  DAYS  AND  AT LEAST ONE PUBLIC HEARING.  SUCH UPDATED
 STRATEGIC  PLAN SHALL INCLUDE A REVIEW  OF  THE  IMPLEMENTATION  OF  THE
 PROJECTS  PREVIOUSLY  INCLUDED  IN  THE  STRATEGIC  PLAN  WITH NECESSARY
 UPDATES, INCLUDING STATUS IN THE INTERCONNECTION QUEUE.   THE  AUTHORITY
 MAY  UPDATE  THE  PLAN MORE OFTEN THAN ANNUALLY PROVIDED THAT IT FOLLOWS
 THE  PUBLIC  COMMENT  AND  PUBLIC  HEARING  PROCESS  FOR  UPDATED  PLANS
 PRESCRIBED BY THIS PARAGRAPH.
   (X)  THE  STRATEGIC  PLAN AND   ANY UPDATE THEREOF SHALL NOT BE DEEMED
 FINAL UNTIL IT IS APPROVED BY THE AUTHORITY'S TRUSTEES.
   (F) THE AUTHORITY SHALL HAVE THE RIGHT TO EXERCISE AND PERFORM ALL  OR
 PART  OF ITS POWERS AND FUNCTIONS PURSUANT TO THIS SUBDIVISION OR SUBDI-
 VISION TWENTY-SEVEN-B OF THIS SECTION, THROUGH ONE OR MORE WHOLLY  OWNED
 SUBSIDIARIES.  THE  AUTHORITY  MAY FORM SUCH SUBSIDIARY BY ACQUIRING THE
 VOTING SHARES THEREOF OR BY RESOLUTION OF THE BOARD DIRECTING ANY OF ITS
 TRUSTEES, OFFICERS OR EMPLOYEES TO ORGANIZE A SUBSIDIARY PURSUANT TO THE
 BUSINESS CORPORATION LAW, OR THE NOT-FOR-PROFIT CORPORATION LAW,  OR  AS
 OTHERWISE AUTHORIZED BY LAW. SUCH RESOLUTION SHALL PRESCRIBE THE PURPOSE
 FOR WHICH SUCH SUBSIDIARY IS TO BE FORMED, WHICH SHALL NOT BE INCONSIST-
 ENT WITH THE PROVISIONS OF THIS SUBDIVISION. EACH SUCH SUBSIDIARY PURSU-
 ANT  TO THIS SUBDIVISION SHALL BE SUBJECT TO ANY PROVISION OF THIS CHAP-
 TER PERTAINING TO SUBSIDIARIES    OF  PUBLIC  AUTHORITIES,  EXCEPT  THAT
 SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED TWENTY-SEVEN-A OF THIS
 S. 4006--C                         119                        A. 3006--C
 
 CHAPTER  SHALL  NOT  APPLY  TO ANY SUBSIDIARY ORGANIZED PURSUANT TO THIS
 SECTION. THE AUTHORITY MAY TRANSFER TO ANY SUCH SUBSIDIARY  ANY  MONEYS,
 PROPERTY  (REAL,  PERSONAL OR MIXED) OR FACILITIES IN ORDER TO CARRY OUT
 THE  PURPOSES  OF  THIS SUBDIVISION. EACH SUCH SUBSIDIARY SHALL HAVE ALL
 THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS  OF  THE
 AUTHORITY  TO  THE EXTENT THE SAME ARE NOT INCONSISTENT WITH THE STATUTE
 OR  STATUTES  PURSUANT  TO  WHICH  SUCH  SUBSIDIARY  WAS   INCORPORATED;
 PROVIDED, HOWEVER, THAT IN ANY EVENT ANY SUCH SUBSIDIARY  SHALL BE ENTI-
 TLED TO EXEMPTIONS FROM THE PUBLIC SERVICE LAW AND ANY REGULATION BY, OR
 THE  JURISDICTION OF, THE PUBLIC SERVICE COMMISSION, EXCEPT AS OTHERWISE
 PROVIDED IN THIS SUBDIVISION OR  SUBDIVISION  TWENTY-SEVEN-B    OF  THIS
 SECTION.    IN EXERCISING THE AUTHORITY PROVIDED FOR IN PARAGRAPH (A) OF
 THIS SUBDIVISION, THE AUTHORITY OR ANY  SUBSIDIARY  THEREOF,  MAY  ENTER
 INTO  PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS, TO THE EXTENT THE AUTHORITY
 DETERMINES THAT SUCH COLLABORATIONS ARE IN  THE  BEST  INTEREST  OF  THE
 STATE,  AND  NECESSARY  TO  MITIGATE FINANCIAL RISKS TO THE AUTHORITY TO
 MANAGEABLE LEVELS AS DETERMINED BY THE TRUSTEES. NOTHING IN THIS  SUBDI-
 VISION  SHALL BE CONSTRUED AS AUTHORIZING ANY PRIVATE ENTITY THAT ENTERS
 INTO A  PUBLIC-PRIVATE  PARTNERSHIP  OR  A  SIMILAR  AGREEMENT,  OR  ANY
 CONTRACT  AUTHORIZED HEREIN, WITH THE AUTHORITY OR A SUBSIDIARY THEREOF,
 TO RECEIVE, EXERCISE OR CLAIM ENTITLEMENT  TO  ANY  OF  THE  PRIVILEGES,
 IMMUNITIES,  TAX  EXEMPTIONS OR OTHER EXEMPTIONS OF THE AUTHORITY OR ANY
 SUBSIDIARY THEREOF.
   (G) THE SOURCE OF ANY FINANCING AND/OR LOANS FOR ANY  OF  THE  ACTIONS
 AUTHORIZED  IN  THIS  SUBDIVISION MAY INCLUDE: (I) THE PROCEEDS OF NOTES
 ISSUED PURSUANT TO SECTION ONE THOUSAND NINE-A OF THIS TITLE;  (II)  THE
 PROCEEDS  OF  BONDS  ISSUED PURSUANT TO SECTION ONE THOUSAND TEN OF THIS
 TITLE; (III) OTHER FUNDS  MADE  AVAILABLE  BY  THE  AUTHORITY  FOR  SUCH
 PURPOSES;  OR  (IV) ANY OTHER FUNDS MADE AVAILABLE TO THE AUTHORITY FROM
 NON-AUTHORITY SOURCES INCLUDING BUT NOT  LIMITED  TO  STATE  OR  FEDERAL
 MONIES.
   (H)  FOR  ANY  RENEWABLE  ENERGY GENERATING PROJECT AUTHORIZED BY THIS
 SUBDIVISION, IDENTIFIED IN THE STRATEGIC PLAN AND  DEVELOPED  AFTER  ITS
 EFFECTIVE  DATE,  THE AUTHORITY IS AUTHORIZED, PURSUANT TO LAW AND REGU-
 LATION, TO:
   (I) SELL RENEWABLE ENERGY CREDITS OR ATTRIBUTES TO, THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, INCLUDING FOR THE PURPOSE  OF
 SUPPORTING  THE  GREENHOUSE  GAS EMISSION REDUCTION GOALS IN THE CLIMATE
 LEADERSHIP AND COMMUNITY PROTECTION ACT;
   (II) SELL RENEWABLE POWER AND ENERGY AND  ANCILLARY  SERVICES  TO,  OR
 INTO,  MARKETS OPERATED BY THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM
 OPERATOR FOR NEW YORK STATE;
   (III) SELL RENEWABLE POWER AND ENERGY AND RENEWABLE ENERGY CREDITS  OR
 ATTRIBUTES  TO:  (A) ANY LOAD SERVING ENTITY IN THE STATE, INCLUDING THE
 LONG ISLAND POWER AUTHORITY (DIRECTLY, OR THROUGH ITS SERVICE  PROVIDER,
 AS  APPROPRIATE),  INCLUDING BUT NOT LIMITED TO THE PURPOSE OF PROVIDING
 BILL  CREDITS  TO  LOW-INCOME  OR  MODERATE-INCOME  END-USE  ELECTRICITY
 CONSUMERS  IN DISADVANTAGED COMMUNITIES FOR RENEWABLE ENERGY PRODUCED BY
 RENEWABLE ENERGY SYSTEMS AS PROVIDED FOR IN  SUBDIVISION  TWENTY-SEVEN-B
 OF THIS SECTION;
   (B)  MANUFACTURERS  OF GREEN HYDROGEN PRODUCED THROUGH ELECTROLYSIS OR
 OTHER ZERO-EMISSION TECHNOLOGY TO DISPLACE FOSSIL FUEL USE IN THE  STATE
 FOR USE AT FACILITIES LOCATED IN THE STATE;
   (C) ANY PUBLIC ENTITY OR AUTHORITY CUSTOMER;
   (D) COMMUNITY DISTRIBUTED GENERATION PROVIDERS, ENERGY AGGREGATORS AND
 SIMILAR ENTITIES FOR THE BENEFIT OF SUBSCRIBERS TO COMMUNITY DISTRIBUTED
 S. 4006--C                         120                        A. 3006--C
 
 GENERATION  PROJECTS  IN THE STATE, INCLUDING LOW-INCOME OR MODERATE-IN-
 COME END-USE ELECTRICITY CONSUMERS LOCATED IN DISADVANTAGED COMMUNITIES;
 AND
   (E) ANY CCA COMMUNITY.
   (I)  FOR  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
 THE MEANINGS INDICATED IN THIS PARAGRAPH UNLESS  THE  CONTEXT  INDICATES
 ANOTHER MEANING OR INTENT:
   (I) "AUTHORITY CUSTOMER" MEANS AN ENTITY LOCATED IN THE STATE TO WHICH
 THE  AUTHORITY  SELLS OR IS UNDER CONTRACT TO SELL POWER OR ENERGY UNDER
 THE AUTHORITY IN THIS TITLE OR ANY OTHER LAW.
   (II) "CCA COMMUNITY" MEANS ONE OR MORE MUNICIPAL CORPORATIONS  LOCATED
 WITHIN  THE  STATE THAT HAVE PROVIDED FOR THE PURCHASE OF POWER, ENERGY,
 OR RENEWABLE ENERGY CREDITS OR OTHER ATTRIBUTES UNDER A CCA PROGRAM.
   (III) "CCA PROGRAM"  MEANS  A  COMMUNITY  CHOICE  AGGREGATION  PROGRAM
 APPROVED BY THE PUBLIC SERVICE COMMISSION.
   (IV) "DISADVANTAGED COMMUNITIES" HAS THE MEANING ASCRIBED TO THAT TERM
 BY SUBDIVISION FIVE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION
 LAW.
   (V)  "PUBLIC  ENTITY"  HAS THE SAME MEANING AS IN SUBPARAGRAPH FIVE OF
 PARAGRAPH (B) OF SUBDIVISION SEVENTEEN OF THIS SECTION.
   (VI) "RENEWABLE ENERGY GENERATING PROJECT" OR "PROJECT" MEANS:
   (A) FACILITIES THAT GENERATE POWER AND ENERGY BY MEANS OF A  RENEWABLE
 ENERGY SYSTEM;
   (B) FACILITIES THAT STORE AND DISCHARGE POWER AND ENERGY; AND
   (C) FACILITIES, INCLUDING GENERATOR LEAD LINES, FOR INTERCONNECTION OF
 RENEWABLE ENERGY GENERATING PROJECTS TO DELIVERY POINTS WITHIN THE STATE
 OF NEW YORK.
   (VII)  "RENEWABLE  ENERGY  SYSTEM"  HAS  THE  SAME  MEANING AS SECTION
 SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   (J) THE AUTHORITY SHALL COMPLETE AND SUBMIT A  REPORT,  ON  OR  BEFORE
 JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER,
 TO  THE  GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESI-
 DENT OF THE SENATE, AND  SHALL  POST  SUCH  REPORT  ON  THE  AUTHORITY'S
 WEBSITE  SUCH  THAT  THE  REPORT  IS ACCESSIBLE FOR PUBLIC REVIEW.  SUCH
 REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) A DESCRIPTION OF THE RENEWABLE ENERGY PROJECTS THE  AUTHORITY  HAS
 PLANNED, DESIGNED, DEVELOPED, FINANCED, OR CONSTRUCTED AND THAT IT OWNS,
 OPERATES,  MAINTAINS  OR IMPROVES, ALONE OR JOINTLY WITH OTHER ENTITIES,
 UNDER THE AUTHORITY OF THIS SUBDIVISION;
   (II) A DESCRIPTION OF THE ACQUISITION, LEASE OR OTHER  DISPOSITION  OF
 INTERESTS IN RENEWABLE ENERGY GENERATING PROJECTS BY THE AUTHORITY UNDER
 THIS SUBDIVISION;
   (III) A LISTING OF ALL RENEWABLE POWER, ENERGY, ANCILLARY SERVICES AND
 RELATED  CREDITS  AND ATTRIBUTES SOLD OR PURCHASED BY THE AUTHORITY FROM
 SUCH PROJECTS;
   (IV) A LISTING OF THE ENTITIES TO WHICH THE  AUTHORITY  HAS  SUPPLIED,
 ALLOCATED  OR  SOLD  ANY  RENEWABLE POWER, ENERGY, ANCILLARY SERVICES OR
 RELATED CREDITS OR ATTRIBUTES FROM SUCH PROJECTS;
   (V) A LISTING AND DESCRIPTION OF ALL SUBSIDIARIES THAT  THE  AUTHORITY
 FORMED,  PUBLIC-PRIVATE  PARTNERSHIPS  THE AUTHORITY HAS JOINED, AND THE
 SUBSIDIARIES AND PUBLIC-PRIVATE PARTNERSHIPS   FROM  AND  TO  WHICH  THE
 AUTHORITY ACQUIRED OR TRANSFERRED ANY INTERESTS;
   (VI) THE TOTAL AMOUNT OF REVENUES GENERATED FROM THE SALE OF RENEWABLE
 ENERGY PRODUCTS FROM SUCH PROJECTS; AND
   (VII)  AN  EXPLANATION OF HOW EACH RENEWABLE ENERGY GENERATION PROJECT
 SUPPORTS THE PURPOSES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION.
 S. 4006--C                         121                        A. 3006--C

   (K) ALL RENEWABLE ENERGY GENERATING PROJECTS SUBJECT TO THIS  SUBDIVI-
 SION  AND  SUBDIVISION  TWENTY-SEVEN-B  OF  THIS SECTION SHALL BE DEEMED
 PUBLIC WORK AND SUBJECT TO AND PERFORMED  IN  ACCORDANCE  WITH  ARTICLES
 EIGHT AND NINE OF THE LABOR LAW. EACH CONTRACT FOR SUCH RENEWABLE ENERGY
 GENERATING PROJECT SHALL CONTAIN A PROVISION THAT SUCH PROJECTS MAY ONLY
 BE  UNDERTAKEN  PURSUANT  TO A PROJECT LABOR AGREEMENT.  FOR PURPOSES OF
 THIS  SUBDIVISION  AND  SUBDIVISION  TWENTY-SEVEN-B  OF  THIS   SECTION,
 "PROJECT  LABOR  AGREEMENT"  SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING
 AGREEMENT BETWEEN THE AUTHORITY, OR A  THIRD  PARTY  ON  BEHALF  OF  THE
 AUTHORITY,  AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGAN-
 IZATION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING
 REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON  A  PUBLIC  WORK
 PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO
 SIGN  A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM
 PROJECT WORK. ALL CONTRACTORS AND SUBCONTRACTORS  ASSOCIATED  WITH  THIS
 WORK  SHALL  BE REQUIRED TO UTILIZE APPRENTICESHIP AGREEMENTS AS DEFINED
 BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
   (L) THE AUTHORITY SHALL INCLUDE REQUIREMENTS  IN  ANY  PROCUREMENT  OR
 DEVELOPMENT OF A RENEWABLE ENERGY GENERATING PROJECT, AS DEFINED IN THIS
 SUBDIVISION,  THAT THE COMPONENTS AND PARTS SHALL BE PRODUCED OR MADE IN
 WHOLE OR SUBSTANTIAL PART IN  THE  UNITED  STATES,  ITS  TERRITORIES  OR
 POSSESSIONS.  THE  AUTHORITY'S PRESIDENT AND CHIEF EXECUTIVE OFFICER, OR
 HIS OR HER DESIGNEE MAY WAIVE THE PROCUREMENT AND  DEVELOPMENT  REQUIRE-
 MENTS  SET FORTH IN THIS PARAGRAPH IF SUCH OFFICIAL DETERMINES THAT: THE
 REQUIREMENTS WOULD NOT BE IN THE PUBLIC INTEREST; THE REQUIREMENTS WOULD
 RESULT IN UNREASONABLE COSTS; OBTAINING SUCH  INFRASTRUCTURE  COMPONENTS
 AND  PARTS  IN  THE UNITED STATES WOULD INCREASE THE COST OF A RENEWABLE
 ENERGY GENERATING PROJECT BY AN UNREASONABLE AMOUNT; OR SUCH  COMPONENTS
 OR  PARTS CANNOT BE PRODUCED, MADE, OR ASSEMBLED IN THE UNITED STATES IN
 SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES OR OF SATISFACTORY QUALI-
 TY. SUCH DETERMINATION MUST BE MADE ON AN ANNUAL  BASIS  NO  LATER  THAN
 DECEMBER  THIRTY-FIRST,  AFTER  PROVIDING  NOTICE AND AN OPPORTUNITY FOR
 PUBLIC COMMENT, AND SUCH DETERMINATION SHALL BE MADE PUBLICLY AVAILABLE,
 IN WRITING, ON THE AUTHORITY'S WEBSITE WITH A  DETAILED  EXPLANATION  OF
 THE FINDINGS LEADING TO SUCH DETERMINATION. IF THE AUTHORITY'S PRESIDENT
 AND CHIEF EXECUTIVE OFFICER, OR HIS OR HER DESIGNEE, HAS ISSUED DETERMI-
 NATIONS  FOR  THREE  CONSECUTIVE  YEARS  FINDING  THAT NO SUCH WAIVER IS
 WARRANTED PURSUANT TO THIS PARAGRAPH, THEN THE AUTHORITY SHALL NO LONGER
 BE REQUIRED TO PROVIDE THE ANNUAL DETERMINATION REQUIRED BY  THIS  PARA-
 GRAPH.
   (M)  (I)  NOTHING IN THIS SUBDIVISION OR SUBDIVISION TWENTY-SEVEN-B OF
 THIS SECTION SHALL ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES, INCLUD-
 ING, BUT NOT LIMITED  TO  TERMS  AND  CONDITIONS  OF  EMPLOYMENT,  CIVIL
 SERVICE  STATUS,  AND  COLLECTIVE  BARGAINING  UNIT  MEMBERSHIP,  OF ANY
 CURRENT EMPLOYEES OF THE AUTHORITY.
   (II) NOTHING IN THIS ARTICLE  SHALL  RESULT  IN:  (A)  THE  DISCHARGE,
 DISPLACEMENT,  OR  LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH
 AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES,  OR  EMPLOYMENT
 BENEFITS;  (B)  THE  IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREE-
 MENTS; (C) THE TRANSFER OF EXISTING DUTIES AND  FUNCTIONS;  OR  (D)  THE
 TRANSFER OF FUTURE DUTIES AND FUNCTIONS, OF ANY CURRENTLY EMPLOYED WORK-
 ER  OF THE STATE OR ANY AGENCY, PUBLIC AUTHORITY OR THE STATE UNIVERSITY
 OF NEW YORK.
   (N) THE AUTHORITY SHALL ENTER INTO A MEMORANDUM OF  UNDERSTANDING  FOR
 THE  OPERATION  AND MAINTENANCE OF A RENEWABLE ENERGY GENERATING PROJECT
 DEVELOPED PURSUANT TO THIS SUBDIVISION OR  SUBDIVISION  TWENTY-SEVEN  OF
 S. 4006--C                         122                        A. 3006--C
 
 THIS SECTION WITH A BONA FIDE LABOR ORGANIZATION OF JURISDICTION THAT IS
 ACTIVELY ENGAGED IN REPRESENTING TRANSITIONING EMPLOYEES FROM NON-RENEW-
 ABLE  GENERATION FACILITIES. SUCH MEMORANDUM SHALL BE ENTERED INTO PRIOR
 TO  THE  COMPLETION  DATE  OF  A RENEWABLE ENERGY GENERATING PROJECT AND
 SHALL BE AN ONGOING MATERIAL CONDITION OF AUTHORIZATION TO  OPERATE  AND
 MAINTAIN  A  RENEWABLE  ENERGY  GENERATING PROJECT DEVELOPED PURSUANT TO
 THIS SUBDIVISION OR SUBDIVISION  TWENTY-SEVEN-B  OF  THIS  SECTION.  THE
 MEMORANDUM  SHALL  ONLY APPLY TO THE EMPLOYEES NECESSARY FOR THE MAINTE-
 NANCE AND OPERATION OF SUCH RENEWABLE ENERGY GENERATING  PROJECTS.  SUCH
 MEMORANDUM SHALL CONTAIN BUT NOT BE LIMITED TO SAFETY AND TRAINING STAN-
 DARDS,  DISASTER  RESPONSE  MEASURES, GUARANTEED HOURS, STAFFING LEVELS,
 PAY RATE PROTECTION, AND RETRAINING PROGRAMS. THE EMPLOYEES ELIGIBLE FOR
 THESE POSITIONS SHALL FIRST BE SELECTED FROM  A  POOL  OF  TRANSITIONING
 WORKERS  WHO  HAVE LOST THEIR EMPLOYMENT OR WILL BE LOSING THEIR EMPLOY-
 MENT IN THE NON-RENEWABLE ENERGY GENERATION SECTOR. SUCH LIST OF  POTEN-
 TIAL  EMPLOYEES  WILL  BE  PROVIDED  BY AFFECTED LABOR ORGANIZATIONS AND
 PROVIDED TO THE DEPARTMENT OF  LABOR.  THE  DEPARTMENT  OF  LABOR  SHALL
 UPDATE  AND  PROVIDE  SUCH  LIST  TO  THE AUTHORITY NINETY DAYS PRIOR TO
 PURCHASE, ACQUISITION, AND/OR CONSTRUCTION OF  ANY  PROJECT  UNDER  THIS
 SUBDIVISION OR SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION.
   (O)  FOR  THE  PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, ANY
 PERSON ENTERING INTO A CONTRACT FOR A  PROJECT  AUTHORIZED  PURSUANT  TO
 THIS  SECTION  SHALL BE DEEMED A STATE AGENCY AS THAT TERM IS DEFINED IN
 SUCH ARTICLE  AND SUCH CONTRACTS SHALL BE DEEMED STATE CONTRACTS  WITHIN
 THE MEANING OF THAT TERM AS SET FORTH IN SUCH ARTICLE.
   (P)  NOTHING IN THIS SUBDIVISION OR SUBDIVISION TWENTY-SEVEN-B OF THIS
 SECTION, SHALL BE CONSTRUED AS  EXEMPTING  THE  AUTHORITY,  ITS  SUBSID-
 IARIES,  OR ANY RENEWABLE ENERGY GENERATING PROJECTS UNDERTAKEN PURSUANT
 TO THIS SECTION FROM THE REQUIREMENTS OF SECTION  NINETY-FOUR-C  OF  THE
 EXECUTIVE  LAW  RESPECTING  ANY RENEWABLE ENERGY SYSTEM DEVELOPED BY THE
 AUTHORITY OR AN AUTHORITY SUBSIDIARY AFTER THE EFFECTIVE  DATE  OF  THIS
 SUBDIVISION THAT MEETS THE DEFINITION OF "MAJOR RENEWABLE ENERGY FACILI-
 TY" AS DEFINED IN SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW AND SECTION
 EIGHT  OF  PART  JJJ  OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND
 TWENTY, AS IT RELATES TO HOST COMMUNITY BENEFITS, AND SECTION  11-0535-C
 OF THE ENVIRONMENTAL CONSERVATION LAW AS IT RELATES TO AN ENDANGERED AND
 THREATENED SPECIES MITIGATION BANK FUND.
   (Q)  ALL  RENEWABLE  ENERGY GENERATING PROJECTS THE AUTHORITY PLANS TO
 UNDERTAKE PURSUANT TO THE AUTHORITY AND DIRECTIVE OF  PARAGRAPH  (A)  OF
 THIS SUBDIVISION, AND IDENTIFIED IN THE STRATEGIC PLAN, SHALL BE SUBJECT
 TO REVIEW AND APPROVAL OF THE AUTHORITY'S BOARD OF TRUSTEES.
   § 2. Section 1005 of the public authorities law is amended by adding a
 new subdivision 27-b to read as follows:
   27-B.  (A) DEFINITIONS.  FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (I)  "BILL  CREDIT" MEANS A MONTHLY MONETARY CREDIT WHICH IS FUNDED BY
 THE AUTHORITY, AS FURTHER DETERMINED BY THE  PUBLIC  SERVICE  COMMISSION
 AND  APPEARS ON THE UTILITY BILL OF A LOW-INCOME OR MODERATE-INCOME END-
 USE ELECTRICITY CONSUMER  LOCATED  IN  A  DISADVANTAGED  COMMUNITY,  FOR
 RENEWABLE   ENERGY  PRODUCED  BY  RENEWABLE  ENERGY  SYSTEMS  DEVELOPED,
 CONSTRUCTED, OWNED, OR CONTRACTED FOR BY  THE  POWER  AUTHORITY  OF  THE
 STATE  OF  NEW  YORK  AND  INJECTED  INTO A DISTRIBUTION OR TRANSMISSION
 FACILITY AT ONE OR MORE POINTS IN NEW  YORK  STATE,  TOGETHER  WITH  ANY
 ENHANCED  INCENTIVE  PAYMENTS  FOR  A  COMMUNITY  DISTRIBUTED GENERATION
 PROJECT SERVING A DISADVANTAGED COMMUNITY PROVIDED FOR IN PARAGRAPH  (B)
 OF  SUBDIVISION  SEVEN OF SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW,
 S. 4006--C                         123                        A. 3006--C
 
 TOGETHER WITH ANY OTHER FUNDING MADE AVAILABLE BY THE AUTHORITY FOR SUCH
 PURPOSES;
   (II)  "DISADVANTAGED  COMMUNITY" MEANS A COMMUNITY DEFINED AS A DISAD-
 VANTAGED COMMUNITY IN ACCORDANCE WITH ARTICLE SEVENTY-FIVE OF THE  ENVI-
 RONMENTAL CONSERVATION LAW;
   (III)  "JURISDICTIONAL  LOAD  SERVING  ENTITY" HAS THE SAME MEANING AS
 DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF  SECTION  SIXTY-SIX-P  OF
 THE PUBLIC SERVICE LAW;
   (IV)  "LOW-INCOME OR MODERATE-INCOME END-USE CONSUMER" SHALL MEAN END-
 USE CUSTOMERS OF ELECTRIC CORPORATIONS AND COMBINATION GAS AND  ELECTRIC
 CORPORATIONS  REGULATED BY THE PUBLIC SERVICE COMMISSION WHOSE INCOME IS
 FOUND TO BE BELOW THE STATE MEDIAN INCOME BASED ON HOUSEHOLD SIZE;
   (V) "RENEWABLE ENERGY" MEANS ELECTRICAL ENERGY PRODUCED BY A RENEWABLE
 ENERGY SYSTEM;
   (VI) "RENEWABLE ENERGY SYSTEMS" HAS THE SAME  MEANING  AS  DEFINED  IN
 PARAGRAPH  (B)  OF  SUBDIVISION ONE OF SECTION SIXTY-SIX-P OF THE PUBLIC
 SERVICE LAW; AND
   (VII) "QUALIFIED ENERGY  STORAGE  SYSTEM"  HAS  THE  SAME  MEANING  AS
 DEFINED IN SUBDIVISION ONE OF SECTION SEVENTY-FOUR OF THE PUBLIC SERVICE
 LAW.
   (B)  THE  AUTHORITY IS AUTHORIZED AND DIRECTED, AS DEEMED FEASIBLE AND
 ADVISABLE BY ITS TRUSTEES, TO ESTABLISH A PROGRAM, AS SOON AS  PRACTICA-
 BLE,  TO  BE  KNOWN  AS  THE "RENEWABLE ENERGY ACCESS AND COMMUNITY HELP
 PROGRAM" OR "REACH", THAT  WILL  ENABLE  LOW-INCOME  OR  MODERATE-INCOME
 END-USE  ELECTRICITY  CONSUMERS  IN DISADVANTAGED COMMUNITIES, INCLUDING
 SUCH END-USE ELECTRICITY CUSTOMERS WHO RESIDE  IN  BUILDINGS  THAT  HAVE
 ON-SITE  NET-METERED GENERATION OR WHO PARTICIPATE IN A COMMUNITY CHOICE
 AGGREGATION OR COMMUNITY DISTRIBUTED GENERATION PROJECT, UNLESS THEY OPT
 OUT OF REACH, TO RECEIVE BILL CREDITS GENERATED  BY  THE  PRODUCTION  OF
 RENEWABLE  ENERGY BY A RENEWABLE ENERGY SYSTEM PLANNED, DESIGNED, DEVEL-
 OPED, FINANCED, CONSTRUCTED, OWNED, OPERATED, MAINTAINED OR IMPROVED, OR
 CONTRACTED FOR BY THE AUTHORITY AS A RENEWABLE ENERGY GENERATING PROJECT
 PURSUANT TO SUBDIVISION TWENTY-SEVEN-A OF THIS SECTION. SUCH BILL  CRED-
 ITS  SHALL  BE  IN ADDITION TO ANY OTHER RENEWABLE ENERGY PROGRAM OR ANY
 OTHER PROGRAM OR BENEFIT THAT END-USE ELECTRICITY CONSUMERS IN DISADVAN-
 TAGED COMMUNITIES RECEIVE. FOR PURPOSES OF THIS SUBDIVISION, A RENEWABLE
 ENERGY SYSTEM DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED  FOR  BY  THE
 AUTHORITY  SHALL BE: (I) SIZED UP TO AND INCLUDING FIVE MEGAWATTS ALTER-
 NATING CURRENT AND INTERCONNECTED TO THE DISTRIBUTION SYSTEM  OR  TRANS-
 MISSION  SYSTEM  IN  THE  SERVICE TERRITORY OF THE ELECTRIC UTILITY THAT
 SERVES THE END-USE ELECTRICITY CONSUMERS THAT RECEIVE BILL  CREDITS;  OR
 (II)  SIZED  ABOVE FIVE MEGAWATTS ALTERNATING CURRENT AND INTERCONNECTED
 TO THE DISTRIBUTION  OR  TRANSMISSION  SYSTEM  AT  ONE  OR  MORE  POINTS
 ANYWHERE WITHIN THE STATE.
   (C)  FOR  PURPOSES  OF IMPLEMENTING REACH, THE AUTHORITY IS AUTHORIZED
 AND DIRECTED, AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO:
   (I) PURSUANT TO THE AUTHORITY PROVIDED IN PARAGRAPH (A) OF SUBDIVISION
 TWENTY-SEVEN-A OF THIS SECTION, DEVELOP, CONSTRUCT, OWN, AND/OR  OPERATE
 RENEWABLE ENERGY GENERATING PROJECTS;
   (II)  CONTRACT  FOR  THE DEVELOPMENT, CONSTRUCTION AND/OR OPERATION OF
 RENEWABLE ENERGY SYSTEMS;
   (III) SELL, PURCHASE, AND OTHERWISE CONTRACT REGARDING RENEWABLE ENER-
 GY, RENEWABLE ENERGY CREDITS OR ATTRIBUTES AND OTHER ENERGY PRODUCTS AND
 SERVICES GENERATED BY RENEWABLE ENERGY GENERATING PROJECTS; AND
   (IV) ENTER INTO CONTRACTS FOR PURPOSES OF IMPLEMENTING REACH,  INCLUD-
 ING  BUT NOT LIMITED TO AGREEMENTS WITH DEVELOPERS, OWNERS AND OPERATORS
 S. 4006--C                         124                        A. 3006--C
 
 OF RENEWABLE ENERGY SYSTEMS, AND  AGREEMENTS  WITH  JURISDICTIONAL  LOAD
 SERVING  ENTITIES  AND  THE  LONG ISLAND POWER AUTHORITY, OR ITS SERVICE
 PROVIDER, TO PROVIDE FOR BILL CREDITS TO END-USE  ELECTRICITY  CONSUMERS
 IN  DISADVANTAGED COMMUNITIES FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE
 ENERGY SYSTEMS, UPON TERMS AND CONDITIONS APPROVED BY THE PUBLIC SERVICE
 COMMISSION PURSUANT TO SUBDIVISIONS SEVEN AND EIGHT  OF  SECTION  SIXTY-
 SIX-P OF THE PUBLIC SERVICE LAW.
   (D)  THE  AUTHORITY  SHALL  COMPLETE AND SUBMIT A REPORT, ON OR BEFORE
 JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER,
 TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF
 THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, AND THE MINORITY LEADER
 OF THE SENATE WHICH SHALL BE POSTED  ON  THE  AUTHORITY'S  WEBSITE,  AND
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  CONTRACTS  ENTERED  INTO  BY  THE  AUTHORITY FOR THE DEVELOPMENT,
 CONSTRUCTION AND/OR OPERATION  OF  RENEWABLE  ENERGY  SYSTEMS  THAT  ARE
 INTENDED  IN WHOLE OR IN PART TO SUPPORT REACH, AND THE PLANNED LOCATION
 OF SUCH PROJECTS;
    (II) RENEWABLE ENERGY SYSTEMS THAT ARE BEING PLANNED AND DEVELOPED OR
 THAT HAVE BEEN DEVELOPED BY OR FOR THE AUTHORITY THAT  ARE  INTENDED  IN
 WHOLE OR IN PART TO SUPPORT REACH, AND THE LOCATION OF SUCH PROJECTS;
   (III)  AN ESTIMATE OF THE AGGREGATE AMOUNT OF BILL CREDITS PROVIDED TO
 END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES UNDER REACH;
   (IV) AN ESTIMATE OF: (A) THE TOTAL AMOUNT OF REVENUES  GENERATED  FROM
 THE SALE OF RENEWABLE CAPACITY, ENERGY, RENEWABLE CREDITS OR ATTRIBUTES,
 AND  RELATED  ANCILLARY SERVICES THAT ARE USED TO FUND BILL CREDITS; AND
 (B) ANY OTHER AUTHORITY FUNDS, AS DETERMINED TO BE FEASIBLE  AND  ADVIS-
 ABLE  BY  THE TRUSTEES, THE AUTHORITY HAS CONTRIBUTED FOR THE PURPOSE OF
 FUNDING BILL CREDITS UNDER REACH;
   (V) THE AMOUNT OF ENERGY PRODUCED BY EACH FACILITY; AND
   (VI) THE KILOWATT-HOUR SALES BY PROJECT.
   (E) THE AUTHORITY MAY REQUEST FROM ANY DEPARTMENT,  DIVISION,  OFFICE,
 COMMISSION  OR  OTHER AGENCY OF THE STATE OR ANY STATE PUBLIC AUTHORITY,
 AND THE SAME ARE AUTHORIZED TO PROVIDE, SUCH  ASSISTANCE,  SERVICES  AND
 DATA AS MAY BE REQUIRED BY THE AUTHORITY IN CARRYING OUT THE PURPOSES OF
 THIS SUBDIVISION.
   (F)  WITHIN  ONE  YEAR  OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
 AUTHORITY SHALL ISSUE A REPORT TO  THE  GOVERNOR,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF
 THE ASSEMBLY, AND THE MINORITY LEADER OF THE SENATE THAT  ADDRESSES  THE
 FEASIBILITY  AND ADVISABILITY OF IMPLEMENTING A PROGRAM SIMILAR TO REACH
 FOR THE PURPOSE OF PROVIDING BILL CREDITS TO LOW-INCOME OR  MODERATE-IN-
 COME  END-USE ELECTRICITY CONSUMERS LOCATED IN DISADVANTAGED COMMUNITIES
 IN THE SERVICE TERRITORIES OF MUNICIPAL DISTRIBUTION UTILITIES AND RURAL
 ELECTRIC COOPERATIVES LOCATED IN  NEW  YORK  STATE.  THE  AUTHORITY  MAY
 CONFER  WITH  ANY MUNICIPAL DISTRIBUTION UTILITY OR ITS REPRESENTATIVES,
 AND ANY RURAL ELECTRIC  COOPERATIVE  OR  ITS  REPRESENTATIVES,  AND  MAY
 REQUEST  FROM ANY MUNICIPAL DISTRIBUTION UTILITY, RURAL ELECTRIC COOPER-
 ATIVE, DEPARTMENT, DIVISION, OFFICE, COMMISSION OR OTHER AGENCY  OF  THE
 STATE OR STATE PUBLIC AUTHORITY, AND THE SAME ARE AUTHORIZED TO PROVIDE,
 SUCH  ASSISTANCE,  SERVICES AND DATA AS MAY BE REQUIRED BY THE AUTHORITY
 TO COMPLETE THE REPORT.
   (G) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS AUTHORIZING  ANY
 PRIVATE  ENTITY THAT ENTERS INTO A PUBLIC-PRIVATE PARTNERSHIP OR A SIMI-
 LAR AGREEMENT, OR ANY CONTRACT AUTHORIZED HEREIN, WITH THE AUTHORITY  OR
 AN  AUTHORITY  SUBSIDIARY,  TO RECEIVE, EXERCISE OR CLAIM ENTITLEMENT TO
 S. 4006--C                         125                        A. 3006--C
 
 ANY OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS OR OTHER EXEMPTIONS OF
 THE AUTHORITY OR ANY AUTHORITY SUBSIDIARY.
   § 3. Subdivision 1 of section 66-p of the public service law, as added
 by chapter 106 of the laws of 2019, is amended to read as follows:
   1. As used in this section:
   (a)  "jurisdictional  load serving entity" means any entity subject to
 the jurisdiction of the commission that  secures  energy  to  serve  the
 electrical   energy  requirements  of  end-use  customers  in  New  York
 state[;].
   (b) "renewable energy systems" means systems that generate electricity
 or thermal energy through use of the following technologies: solar ther-
 mal, photovoltaics, on land and offshore wind, hydroelectric, geothermal
 electric, geothermal ground source  heat,  tidal  energy,  wave  energy,
 ocean  thermal,  and  fuel  cells  which  do  not  utilize a fossil fuel
 resource in the process of generating electricity.
   (C) "BILL CREDIT" SHALL HAVE THE SAME MEANING AS IN  SUBPARAGRAPH  (I)
 OF  PARAGRAPH  (A) OF SUBDIVISION TWENTY-SEVEN-B OF SECTION ONE THOUSAND
 FIVE OF THE PUBLIC AUTHORITIES LAW.
   (D) "DISADVANTAGED COMMUNITY" MEANS A COMMUNITY DEFINED AS A DISADVAN-
 TAGED COMMUNITY UNDER ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL  CONSER-
 VATION LAW.
   (E) "RENEWABLE ENERGY" MEANS ELECTRICAL ENERGY PRODUCED BY A RENEWABLE
 ENERGY SYSTEM.
   (F)  "LOW-INCOME  OR MODERATE-INCOME END-USE CONSUMER" SHALL MEAN END-
 USE CUSTOMERS OF ELECTRIC CORPORATIONS AND COMBINATION GAS AND  ELECTRIC
 CORPORATIONS  REGULATED BY THE PUBLIC SERVICE COMMISSION WHOSE INCOME IS
 FOUND TO BE BELOW THE STATE MEDIAN INCOME BASED ON HOUSEHOLD SIZE.
   § 4. Section 66-p of the public service law is amended by adding a new
 subdivision 8 to read as follows:
   8. THE POWER AUTHORITY OF THE STATE OF NEW YORK SHALL, NO  LATER  THAN
 TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, FILE A PETI-
 TION   TO   COMMENCE,  AND  THE  COMMISSION  SHALL  COMMENCE,  NECESSARY
 PROCEEDINGS TO ENABLE THE POWER AUTHORITY OF THE STATE OF  NEW  YORK  TO
 PROVIDE BILL CREDITS FROM RENEWABLE ENERGY GENERATING PROJECTS UNDER THE
 RENEWABLE  ENERGY  ACCESS AND COMMUNITY HELP PROGRAM, OR "REACH", ESTAB-
 LISHED PURSUANT TO SUBDIVISION TWENTY-SEVEN-B OF  SECTION  ONE  THOUSAND
 FIVE  OF  THE  PUBLIC  AUTHORITIES LAW, TO LOW-INCOME OR MODERATE-INCOME
 END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES FOR RENEWABLE
 ENERGY PRODUCED  BY  RENEWABLE  ENERGY  GENERATING  PROJECTS  DEVELOPED,
 CONSTRUCTED,  OWNED,  OR  CONTRACTED  FOR  BY THE POWER AUTHORITY OF THE
 STATE OF NEW YORK PURSUANT TO SUBDIVISION TWENTY-SEVEN-A OF SECTION  ONE
 THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW.  SUCH BILL CREDITS SHALL BE
 IN  ADDITION  TO ANY OTHER RENEWABLE ENERGY PROGRAM OR ANY OTHER PROGRAM
 OR  BENEFIT  THAT  LOW-INCOME  OR  MODERATE-INCOME  END-USE  ELECTRICITY
 CONSUMERS IN DISADVANTAGED COMMUNITIES RECEIVE, AND ANY OTHER INCENTIVES
 MADE  AVAILABLE  BY  THE  POWER  AUTHORITY OF THE STATE OF NEW YORK. FOR
 PURPOSES OF THIS  SUBDIVISION,  A  RENEWABLE  ENERGY  SYSTEM  DEVELOPED,
 CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE AUTHORITY SHALL BE:
   (A)  SIZED  UP TO AND INCLUDING FIVE MEGAWATTS ALTERNATING CURRENT AND
 INTERCONNECTED TO THE DISTRIBUTION SYSTEM OR TRANSMISSION SYSTEM IN  THE
 SERVICE  TERRITORY OF THE ELECTRIC UTILITY THAT SERVES THE LOW-INCOME OR
 MODERATE-INCOME END-USE CONSUMERS THAT RECEIVE BILL CREDITS; OR
   (B) SIZED ABOVE FIVE MEGAWATTS ALTERNATING CURRENT AND  INTERCONNECTED
 TO  THE  DISTRIBUTION  OR  TRANSMISSION  SYSTEM  AT  ONE  OR MORE POINTS
 ANYWHERE IN NEW YORK STATE.  THE COMMISSION SHALL, AFTER  PUBLIC  NOTICE
 AND COMMENT, ESTABLISH SUCH PROGRAMS IMPLEMENTING REACH WHICH:
 S. 4006--C                         126                        A. 3006--C
 
   (I) PROVIDE THAT JURISDICTIONAL LOAD SERVING ENTITIES SHALL ENTER INTO
 AGREEMENTS  WITH  THE  POWER AUTHORITY OF THE STATE OF NEW YORK TO CARRY
 OUT REACH;
   (II)  PROVIDE  THAT  JURISDICTIONAL  LOAD  SERVING ENTITIES SHALL FILE
 TARIFFS AND OTHER SOLUTIONS DETERMINED BY THE  COMMISSION  TO  IMPLEMENT
 REACH  AT  A  REASONABLE  COST WHILE ENSURING SAFE AND RELIABLE ELECTRIC
 SERVICE;
   (III) PROVIDE THAT, UNLESS THEY OPT OUT, LOW-INCOME OR MODERATE-INCOME
 END-USE ELECTRICITY CONSUMERS IN  DISADVANTAGED  COMMUNITIES,  INCLUDING
 SUCH  END-USE  ELECTRICITY CUSTOMERS WHO HAVE OR WHO RESIDE IN BUILDINGS
 THAT HAVE ON-SITE NET-METERED GENERATION OR WHO PARTICIPATE IN A  COMMU-
 NITY  CHOICE  AGGREGATION  OR  COMMUNITY DISTRIBUTED GENERATION PROJECT,
 SHALL RECEIVE BILL CREDITS FOR RENEWABLE ENERGY PRODUCED BY A  RENEWABLE
 ENERGY  SYSTEM  DEVELOPED,  CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE
 POWER AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO  SUBDIVISION  TWEN-
 TY-SEVEN-A OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW;
   (IV)  CONSIDER  ENHANCED INCENTIVE PAYMENTS IN BILL CREDITS TO LOW-IN-
 COME OR MODERATE-INCOME END-USE ELECTRICITY CONSUMERS  IN  DISADVANTAGED
 COMMUNITIES  FOR  RENEWABLE ENERGY SYSTEMS INCLUDING SOLAR AND COMMUNITY
 DISTRIBUTED GENERATION PROJECTS AS PROVIDED  FOR  IN  PARAGRAPH  (B)  OF
 SUBDIVISION SEVEN OF THIS SECTION;
   (V)  TO  THE  EXTENT  PRACTICABLE  INCLUDE ENERGY STORAGE IN RENEWABLE
 ENERGY SYSTEMS TO DELIVER CLEAN ENERGY BENEFITS TO LOW-INCOME OR  MODER-
 ATE-INCOME END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES AS
 PROVIDED  FOR  IN  PARAGRAPHS  (A)  AND (B) OF SUBDIVISION SEVEN OF THIS
 SECTION; AND
   (VI) ADDRESS RECOVERY BY JURISDICTIONAL LOAD SERVING ENTITIES OF THEIR
 PRUDENTLY INCURRED COSTS OF  ADMINISTERING  REACH  IN  ELECTRIC  SERVICE
 DELIVERY  RATES  OF THE UTILITY IN WHOSE SERVICE TERRITORY LOW-INCOME OR
 MODERATE-INCOME END-USE ELECTRICITY CONSUMERS IN A DISADVANTAGED  COMMU-
 NITY PARTICIPATE IN REACH.
   § 5. Section 1005 of the public authorities law is amended by adding a
 new subdivision 27-c to read as follows:
   27-C.  (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION,
 THE AUTHORITY SHALL PUBLISH A PLAN PROVIDING FOR THE PROPOSED PHASE OUT,
 BY DECEMBER THIRTY-FIRST, TWO THOUSAND  THIRTY,  OF  THE  PRODUCTION  OF
 ELECTRIC ENERGY FROM ITS SMALL NATURAL GAS POWER PLANTS.  THE PLAN SHALL
 INCLUDE  A  PROPOSED  STRATEGY  TO REPLACE, WHERE APPROPRIATE, THE SMALL
 NATURAL GAS POWER PLANTS WITH RENEWABLE ENERGY SYSTEMS,  AS  DEFINED  IN
 SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, INCLUDING RENEWABLE ENER-
 GY GENERATING PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION TWENTY-SEVEN-A
 OF  THIS SECTION PROVIDED SUCH PROJECTS SHALL BE INCLUDED IN THE STRATE-
 GIC PLAN ESTABLISHED PURSUANT  TO  SUBDIVISION  TWENTY-SEVEN-A  OF  THIS
 SECTION.    BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY, THE AUTHORITY
 SHALL CEASE PRODUCTION OF ELECTRICITY AT EACH OF ITS SMALL  NATURAL  GAS
 POWER  PLANTS  SHOULD THE AUTHORITY DETERMINE THAT SUCH PLANT OR PLANTS,
 OR THE ELECTRICITY PRODUCTION THEREFROM ARE NOT NEEDED FOR  ANY  OF  THE
 FOLLOWING PURPOSES: (I) EMERGENCY POWER SERVICE; OR (II) ELECTRIC SYSTEM
 RELIABILITY, INCLUDING BUT NOT LIMITED TO, OPERATING FACILITIES TO MAIN-
 TAIN  POWER  SYSTEM  REQUIREMENTS  FOR  FACILITY THERMAL LIMITS, VOLTAGE
 LIMITS, FREQUENCY LIMITS, FAULT CURRENT DUTY LIMITS, OR DYNAMIC STABILI-
 TY LIMITS, IN ACCORDANCE WITH THE SYSTEM RELIABILITY  STANDARDS  OF  THE
 NORTH  AMERICAN ELECTRIC RELIABILITY CORPORATION, CRITERIA OF THE NORTH-
 EAST POWER COORDINATING COUNCIL, RULES OF THE NEW YORK STATE RELIABILITY
 COUNCIL, AND AS APPLICABLE, RELIABILITY RULES OF THE  UTILITY  IN  WHOSE
 SERVICE  TERRITORY  A SMALL NATURAL GAS POWER PLANT IS LOCATED. NOTWITH-
 S. 4006--C                         127                        A. 3006--C
 
 STANDING ANY OTHER  PROVISION  OF  THIS  PARAGRAPH,  THE  AUTHORITY  MAY
 CONTINUE  TO  PRODUCE  ELECTRIC  ENERGY  AT ANY OF THE SMALL NATURAL GAS
 POWER PLANTS IF EXISTING OR PROPOSED  REPLACEMENT  GENERATION  RESOURCES
 WOULD  RESULT  IN  MORE  THAN  A DE MINIMIS NET INCREASE OF EMISSIONS OF
 CARBON DIOXIDE OR CRITERIA AIR POLLUTANTS WITHIN A DISADVANTAGED  COMMU-
 NITY  AS  DEFINED IN SUBDIVISION FIVE OF SECTION 75-0101 OF THE ENVIRON-
 MENTAL CONSERVATION LAW. THE AUTHORITY SHALL FILE  DEACTIVATION  NOTICES
 WITH  THE  FEDERALLY  DESIGNATED  ELECTRIC  BULK SYSTEM OPERATOR FOR THE
 STATE OF NEW YORK FOR THE PURPOSE OF CEASING ELECTRICITY PRODUCTION FROM
 THE SMALL NATURAL GAS POWER PLANTS IN A TIMEFRAME SUFFICIENT TO  FACILI-
 TATE THE CESSATION OF ELECTRICITY PRODUCTION PURSUANT TO THIS PARAGRAPH.
   (B)  IN  DETERMINING  WHETHER TO CEASE ELECTRICITY PRODUCTION FROM ANY
 SMALL NATURAL GAS POWER PLANT, THE AUTHORITY  IS  AUTHORIZED  TO  CONFER
 WITH  THE  FEDERALLY  DESIGNATED  ELECTRIC  BULK SYSTEM OPERATOR FOR THE
 STATE, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE
 DEPARTMENT OF PUBLIC SERVICE, AND  THE  DISTRIBUTION  UTILITY  IN  WHOSE
 SERVICE  TERRITORY SUCH SMALL NATURAL GAS POWER PLANT OPERATES, IN ADDI-
 TION TO SUCH OTHER STAKEHOLDERS AS THE AUTHORITY DETERMINES TO BE APPRO-
 PRIATE.  DETERMINATIONS SHALL BE ON A PLANT BY PLANT BASIS,  BE  UPDATED
 NO  LESS THAN EVERY TWO YEARS, AND BE MADE PUBLICLY AVAILABLE ALONG WITH
 THE SUPPORTING DOCUMENTATION ON WHICH THE DETERMINATION  WAS  BASED.  IN
 MAKING  SUCH  DETERMINATIONS, THE AUTHORITY SHALL PROVIDE AN OPPORTUNITY
 FOR PUBLIC COMMENT OF NOT LESS THAN SIXTY DAYS PRIOR TO THE PUBLIC HEAR-
 ING AND SHALL HOLD AT LEAST ONE PUBLIC HEARING IN THE AFFECTED  COMMUNI-
 TY.
   (C) NOTHING IN THIS SUBDIVISION IS INTENDED TO, NOR SHALL BE CONSTRUED
 TO,  PROHIBIT  THE AUTHORITY IN ITS DISCRETION FROM USING, OR PERMITTING
 THE USE OF, INCLUDING THROUGH LEASE, SALE,  OR  OTHER  ARRANGEMENT,  ANY
 SMALL  NATURAL  GAS POWER PLANT OR ITS SITE OR ASSOCIATED INFRASTRUCTURE
 IN WHOLE OR IN PART FOR ELECTRIC SYSTEM PURPOSES THAT DOES  NOT  INVOLVE
 THE  COMBUSTION OF FOSSIL FUELS, INCLUDING, BUT NOT LIMITED TO PROVIDING
 SYSTEM VOLTAGE SUPPORT, ENERGY STORAGE, INTERCONNECTION OF  EXISTING  OR
 NEW  RENEWABLE GENERATION, OR THE USE OF THE GENERATOR STEP UP TRANSFOR-
 MERS AND SUBSTATIONS FOR TRANSMISSION OR DISTRIBUTION PURPOSES  PROVIDED
 THAT  SUCH  USE,  LEASE,  SALE,  OR  OTHER ARRANGEMENT SHALL COMPLY WITH
 EXISTING LAW.
   (D) FOR PURPOSES OF THIS SUBDIVISION,  THE  TERM  "SMALL  NATURAL  GAS
 POWER  PLANT"  OR  "PLANT"  MEANS  EACH OF THE SEVEN ELECTRIC GENERATING
 POWER PLANTS OWNED AND OPERATED BY THE AUTHORITY LOCATED AT SIX SITES IN
 BRONX, BROOKLYN, QUEENS AND STATEN ISLAND AND  ONE  SITE  IN  BRENTWOOD,
 SUFFOLK  COUNTY,  WHICH  EACH  USE  ONE  OR MORE SIMPLE CYCLE COMBUSTION
 TURBINE UNITS, TOTALING ELEVEN UNITS, FUELED BY NATURAL  GAS  AND  WHICH
 TYPICALLY OPERATE DURING PERIODS OF PEAK ELECTRIC SYSTEM DEMAND.
   § 6. Section 1020-f of the public authorities law, as added by chapter
 517  of the laws of 1986, is amended by adding a new subdivision (jj) to
 read as follows:
   (JJ) AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO  ENTER  INTO
 CONTRACTS  WITH  THE  POWER  AUTHORITY  OF THE STATE OF NEW YORK FOR THE
 PROVISION OF BILL CREDITS GENERATED BY THE PRODUCTION OF RENEWABLE ENER-
 GY BY A  RENEWABLE  ENERGY  SYSTEM  DEVELOPED,  CONSTRUCTED,  OWNED,  OR
 CONTRACTED FOR BY THE POWER AUTHORITY OF THE STATE OF NEW YORK UNDER THE
 RENEWABLE  ENERGY ACCESS AND COMMUNITY HELP PROGRAM ESTABLISHED PURSUANT
 TO SUBDIVISION TWENTY-SEVEN-B OF SECTION ONE THOUSAND FIVE OF THIS ARTI-
 CLE AND, UNLESS SUCH END-USE ELECTRICITY CONSUMERS OPT OUT,  TO  PROVIDE
 SUCH  BILL  CREDITS TO LOW-INCOME OR MODERATE-INCOME END-USE ELECTRICITY
 CONSUMERS IN DISADVANTAGED COMMUNITIES, INCLUDING SUCH END-USE ELECTRIC-
 S. 4006--C                         128                        A. 3006--C
 
 ITY CUSTOMERS WHO HAVE OR WHO RESIDE  IN  BUILDINGS  THAT  HAVE  ON-SITE
 NET-METERED  GENERATION  OR WHO PARTICIPATE IN A COMMUNITY CHOICE AGGRE-
 GATION OR COMMUNITY DISTRIBUTED GENERATION PROJECT.
   § 7. Section 1005 of the public authorities law is amended by adding a
 new subdivision 27-d to read as follows:
   27-D.  BEGINNING  IN  STATE  FISCAL YEAR TWO THOUSAND TWENTY-FOUR--TWO
 THOUSAND TWENTY-FIVE, THE AUTHORITY IS AUTHORIZED,  AS  DEEMED  FEASIBLE
 AND  ADVISABLE  BY THE TRUSTEES, TO MAKE AVAILABLE AN AMOUNT UP TO TWEN-
 TY-FIVE MILLION DOLLARS ANNUALLY TO THE  DEPARTMENT  OF  LABOR  TO  FUND
 PROGRAMS  ESTABLISHED  OR  IMPLEMENTED  BY  OR  WITHIN THE DEPARTMENT OF
 LABOR, INCLUDING BUT NOT LIMITED TO THE OFFICE OF  JUST  TRANSITION  AND
 PROGRAMS  FOR  WORKFORCE TRAINING AND RETRAINING, TO PREPARE WORKERS FOR
 EMPLOYMENT FOR WORK IN THE RENEWABLE ENERGY FIELD.
   § 8. Paragraph (a) and subparagraph 1 of paragraph (b) of  subdivision
 13-b  of section 1005 of the public authorities law, as added by section
 4 of part CC of chapter 60 of the laws of 2011, are amended to  read  as
 follows:
   (a)  Residential  consumer  electricity cost discount. Notwithstanding
 any provision of this title or article six of the  economic  development
 law to the contrary, the authority is authorized, as deemed feasible and
 advisable  by  the trustees, to use revenues from the sale of hydroelec-
 tric power, and such other funds of the authority as deemed feasible and
 advisable by the trustees, to fund monthly payments to be made  for  the
 benefit of such classes of electricity consumers as enjoyed the benefits
 of authority hydroelectric power withdrawn pursuant to subdivision thir-
 teen-a  of  this  section,  for  the purpose of mitigating price impacts
 associated with the reallocation of such power in the  manner  described
 in  this  subdivision.   Such monthly payments shall commence after such
 hydroelectric power is withdrawn AND SHALL CEASE AUGUST FIRST, TWO THOU-
 SAND TWENTY-THREE.  The total annual amount of monthly payments for each
 of the three twelve month periods following withdrawal of such  [hyrdoe-
 lectric]  HYDROELECTRIC  power shall be one hundred million dollars. The
 total annual amount of monthly payments for each of the  two  subsequent
 twelve  month periods shall be seventy million dollars and fifty million
 dollars, respectively. Thereafter, the total annual  amount  of  monthly
 payments  for  each  twelve month period THROUGH THE FINAL PERIOD ENDING
 AUGUST FIRST, TWO THOUSAND TWENTY-THREE shall be thirty million dollars.
 The total amount of monthly payments shall be apportioned by the author-
 ity among the utility corporations that, prior to the effective date  of
 this  subdivision, purchased such hydroelectric power for the benefit of
 their domestic and rural consumers according to the relative amounts  of
 such power purchased by such corporations. The monthly payments shall be
 credited  to  the  electricity  bills of such corporations' domestic and
 rural consumers in a manner to  be  determined  by  the  public  service
 commission  of the state of New York. The monthly credit provided by any
 such corporation to any one consumer shall not exceed the total  monthly
 electric utility cost incurred by such consumer.
   (1)  Beginning  with  the second twelve month period after such hydro-
 electric power is withdrawn, up to eight million dollars of the residen-
 tial consumer electricity cost discount established by paragraph (a)  of
 this subdivision shall be dedicated for monthly payments to agricultural
 producers who receive electric service at the residential rate, PROVIDED
 THAT  IN THE FINAL TWELVE MONTH PERIOD ENDING AUGUST FIRST, TWO THOUSAND
 TWENTY-THREE, THE AMOUNT DEDICATED FOR AGRICULTURAL PRODUCERS SHALL  NOT
 EXCEED TWENTY PERCENT OF THE AMOUNT MADE AVAILABLE FOR THE OVERALL RESI-
 DENTIAL  CONSUMER ELECTRICITY COST DISCOUNT. The total amount of monthly
 S. 4006--C                         129                        A. 3006--C
 
 payments shall be apportioned by the authority among the utility  corpo-
 rations  in  the same manner as they are apportioned in paragraph (a) of
 this subdivision. Monthly payments shall be credited to the  electricity
 bills  of  such  corporations'  agricultural consumers in a manner to be
 determined by the public service commission of the state  of  New  York.
 The  combined  monthly credit, under this paragraph and paragraph (a) of
 this subdivision, provided by any such corporation to any  one  consumer
 shall  not  exceed  the  total monthly electric utility cost incurred by
 such consumer.
   § 9. Subdivision 13-b of section 1005 of the public  authorities  law,
 as  added  by  section  4  of part CC of chapter 60 of the laws of 2011,
 paragraph (a) and subparagraph 1 of paragraph (b) as amended by  section
 eight of this act, is amended to read as follows:
   13-b. [Residential consumer discount programs. (a) Residential consum-
 er  electricity  cost  discount.  Notwithstanding  any provision of this
 title or article six of the economic development law  to  the  contrary,
 the  authority  is  authorized,  as deemed feasible and advisable by the
 trustees, to use revenues from the sale of hydroelectric power, and such
 other funds of the authority as deemed feasible  and  advisable  by  the
 trustees,  to  fund  monthly payments to be made for the benefit of such
 classes of electricity consumers as enjoyed the  benefits  of  authority
 hydroelectric power withdrawn pursuant to subdivision thirteen-a of this
 section, for the purpose of mitigating price impacts associated with the
 reallocation  of such power in the manner described in this subdivision.
 Such monthly payments shall commence after such hydroelectric  power  is
 withdrawn  and shall cease August first, two thousand twenty-three.  The
 total annual amount of monthly payments for each  of  the  three  twelve
 month  periods following withdrawal of such hydroelectric power shall be
 one hundred million dollars. The total annual amount of monthly payments
 for each of the two subsequent twelve month  periods  shall  be  seventy
 million dollars and fifty million dollars, respectively. Thereafter, the
 total  annual  amount  of  monthly payments for each twelve month period
 through the final period ending August first, two thousand  twenty-three
 shall  be  thirty  million dollars. The total amount of monthly payments
 shall be apportioned by the authority  among  the  utility  corporations
 that,  prior  to  the effective date of this subdivision, purchased such
 hydroelectric power for the benefit of their domestic and rural  consum-
 ers  according  to  the relative amounts of such power purchased by such
 corporations. The monthly payments shall be credited to the  electricity
 bills  of such corporations' domestic and rural consumers in a manner to
 be determined by the public service commission of the state of New York.
 The monthly credit provided by any such corporation to any one  consumer
 shall  not  exceed  the  total monthly electric utility cost incurred by
 such consumer.
   (b)] Agricultural consumer electricity cost discount.  (1)  [Beginning
 with  the  second  twelve month period after such hydroelectric power is
 withdrawn, up to eight million dollars of the residential consumer elec-
 tricity cost discount established by paragraph (a) of  this  subdivision
 shall  be  dedicated  for monthly payments to agricultural producers who
 receive electric service at the residential rate, provided that  in  the
 final  twelve  month  period  ending  August first, two thousand twenty-
 three, the amount dedicated for agricultural producers shall not  exceed
 twenty  percent of the amount made available for the overall residential
 consumer electricity cost discount. The total amount of monthly payments
 shall be apportioned by the authority among the utility corporations  in
 the  same manner as they are apportioned in paragraph (a) of this subdi-
 S. 4006--C                         130                        A. 3006--C

 vision. Monthly payments shall be credited to the electricity  bills  of
 such  corporations'  agricultural consumers in a manner to be determined
 by the public service commission of the state of New York. The  combined
 monthly  credit, under this paragraph and paragraph (a) of this subdivi-
 sion, provided by any such corporation to any  one  consumer  shall  not
 exceed  the total monthly electric utility cost incurred by such consum-
 er.] NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR ARTICLE SIX  OF  THE
 ECONOMIC  DEVELOPMENT  LAW TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED,
 BEGINNING IN TWO THOUSAND TWENTY-FOUR, AS DEEMED FEASIBLE AND  ADVISABLE
 BY  THE  TRUSTEES, TO USE REVENUES FROM THE SALE OF HYDROELECTRIC POWER,
 AND SUCH OTHER FUNDS OF THE AUTHORITY AS DEEMED FEASIBLE  AND  ADVISABLE
 BY  THE TRUSTEES, TO FUND MONTHLY PAYMENTS TO BE MADE FOR THE BENEFIT OF
 AGRICULTURAL PRODUCERS WHO RECEIVE ELECTRIC SERVICE AT  THE  RESIDENTIAL
 RATE WHO ENJOYED THE BENEFITS OF AUTHORITY HYDROELECTRIC POWER WITHDRAWN
 PURSUANT  TO SUBDIVISION THIRTEEN-A OF THIS SECTION, AND WHO WERE PREVI-
 OUSLY ELIGIBLE TO RECEIVE BENEFITS UNDER THE AGRICULTURAL CONSUMER ELEC-
 TRICITY COST DISCOUNT CREATED BY SECTION FOUR  OF  PART  CC  OF  CHAPTER
 SIXTY  OF THE LAWS OF TWO THOUSAND ELEVEN, FOR THE PURPOSE OF MITIGATING
 PRICE IMPACTS ASSOCIATED WITH THE REALLOCATION  OF  SUCH  POWER  IN  THE
 MANNER  DESCRIBED  IN  THIS  SUBDIVISION.  SUCH  MONTHLY  PAYMENTS SHALL
 COMMENCE SEPTEMBER FIRST, TWO THOUSAND  TWENTY-FOUR.  THE  TOTAL  ANNUAL
 AMOUNT OF MONTHLY PAYMENTS SHALL NOT EXCEED FIVE MILLION DOLLARS.
   (2)  The  authority  shall  work  cooperatively with the department of
 public service to evaluate the agricultural  consumer  electricity  cost
 discount,  which  shall include an assessment of the benefits to recipi-
 ents compared to the benefits the recipients received from the  authori-
 ty's  hydroelectric  power, withdrawn pursuant to subdivision thirteen-a
 of this section, during the twelve month period ending December  thirty-
 first,  two  thousand  ten, and compared to other agricultural consumers
 that did not choose to receive the discount.
   [(c)] (B) Energy efficiency program. (1) Beginning with the withdrawal
 of such hydroelectric power, the authority or the New York state  energy
 research  and  development authority, shall conduct an energy efficiency
 program for five years to provide energy efficiency improvements for the
 purpose of reducing energy consumption for domestic and rural consumers.
 Such energy efficiency program may be  undertaken  in  cooperation  with
 other  energy efficiency programs offered by utility corporations, state
 agencies and authorities including but not limited to the New York state
 energy research and development authority; provided however that  energy
 savings  attributable to such other energy efficiency programs shall not
 be included in determining the amount of energy saved  pursuant  to  the
 program established by this paragraph;
   (2)  The  authority or the New York state energy research and develop-
 ment authority shall annually post on their website a report  evaluating
 the  energy efficiency program, including but not limited to, the number
 of domestic and rural consumers who opted to participate in the  program
 and,  if  practicable,  the  estimated  savings  the  domestic and rural
 consumers received by participating in the energy efficiency program.
   § 10. Nothing in this act is intended to limit, impair, or affect  the
 legal  authority  of  the Power Authority of the State of New York under
 any other provision of law.
   § 11. Severability. If any word, phrase, 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 thereof, but shall be confined in its operation
 to the word, phrase, clause, sentence, paragraph, section, or part ther-
 S. 4006--C                         131                        A. 3006--C
 
 eof directly involved in the controversy in which  such  judgment  shall
 have been rendered.
   §  12. This act shall take effect immediately; provided, however, that
 section nine of this act shall take effect January 1, 2024.
 
                                  PART RR
 
   Section 1. Subdivision 6 of section 11-104 of the energy law, as added
 by chapter 374 of the laws of 2022, is amended and two new  subdivisions
 7 and 8 are added to read as follows:
   6.  (A) To the fullest extent feasible, the standards for construction
 of buildings in the code shall be designed to help achieve  the  state's
 clean energy and climate agenda, including but not limited to greenhouse
 gas  reduction,  set forth within chapter one hundred six of the laws of
 two thousand nineteen, also known as the New York state climate  leader-
 ship  and community protection act, and as further identified by the New
 York state  climate  action  council  established  pursuant  to  section
 75-0103 of the environmental conservation law.
   (B)  IN ADDITION TO THE FOREGOING, TO SUPPORT THE GOAL OF ZERO ON-SITE
 GREENHOUSE GAS EMISSIONS AND HELP ACHIEVE THE STATE'S CLEAN  ENERGY  AND
 CLIMATE  AGENDA,  INCLUDING  BUT NOT LIMITED TO GREENHOUSE GAS REDUCTION
 REQUIREMENTS SET FORTH WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO
 THOUSAND NINETEEN, ALSO KNOWN AS THE NEW YORK STATE  CLIMATE  LEADERSHIP
 AND  COMMUNITY  PROTECTION ACT, THE CODE SHALL PROHIBIT THE INSTALLATION
 OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, IN ANY NEW  BUILDING  NOT
 MORE THAN SEVEN STORIES IN HEIGHT, EXCEPT FOR A NEW COMMERCIAL OR INDUS-
 TRIAL  BUILDING  GREATER THAN ONE HUNDRED THOUSAND SQUARE FEET IN CONDI-
 TIONED FLOOR AREA, ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-FIVE, AND THE CODE SHALL PROHIBIT  THE  INSTALLATION  OF  FOSSIL-FUEL
 EQUIPMENT  AND  BUILDING  SYSTEMS,  IN  ALL NEW BUILDINGS AFTER DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT.
   7. (A) THE PROVISIONS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION SIX OF
 THIS SECTION SHALL NOT BE CONSTRUED AS APPLYING  TO  BUILDINGS  EXISTING
 PRIOR TO THE EFFECTIVE DATE OF THE APPLICABLE PROHIBITION, INCLUDING TO:
   (I)  THE  REPAIR, ALTERATION, ADDITION, RELOCATION, OR CHANGE OF OCCU-
 PANCY OR USE OF SUCH BUILDINGS; AND
   (II) THE INSTALLATION OR CONTINUED USE AND MAINTENANCE OF  FOSSIL-FUEL
 EQUIPMENT  AND  BUILDING SYSTEMS, INCLUDING AS RELATED TO COOKING EQUIP-
 MENT, IN ANY SUCH BUILDINGS.
   (B) IN ADDITION, IN EFFECTUATING THE PROVISIONS SET FORTH IN PARAGRAPH
 (B) OF SUBDIVISION SIX OF THIS SECTION THE CODE SHALL INCLUDE EXEMPTIONS
 FOR THE PURPOSES OF ALLOWING THE INSTALLATION  AND  USE  OF  FOSSIL-FUEL
 EQUIPMENT AND BUILDING SYSTEMS WHERE SUCH ARE INSTALLED AND USED:
   (I)  FOR  GENERATION  OF  EMERGENCY  BACK-UP  POWER  AND STANDBY POWER
 SYSTEMS;
   (II) IN A MANUFACTURED HOME AS DEFINED IN SUBDIVISION SEVEN OF SECTION
 SIX HUNDRED ONE OF THE EXECUTIVE LAW; OR
   (III) IN A BUILDING OR PART OF A BUILDING THAT IS USED AS  A  MANUFAC-
 TURING  FACILITY,  COMMERCIAL  FOOD ESTABLISHMENT, LABORATORY, CAR WASH,
 LAUNDROMAT, HOSPITAL, OTHER MEDICAL FACILITY,  CRITICAL  INFRASTRUCTURE,
 INCLUDING BUT NOT LIMITED TO EMERGENCY MANAGEMENT FACILITIES, WASTEWATER
 TREATMENT  FACILITIES, AND WATER TREATMENT AND PUMPING FACILITIES, AGRI-
 CULTURAL BUILDING, FUEL CELL SYSTEM, OR CREMATORIUM, AS SUCH  TERMS  ARE
 DEFINED BY THE CODE COUNCIL.
   (C)  WHERE THE CODE INCLUDES AN ALLOWED EXEMPTION PURSUANT TO SUBPARA-
 GRAPH (I) OR (III) OF PARAGRAPH (B)  OF  THIS  SUBDIVISION,  OTHER  THAN
 S. 4006--C                         132                        A. 3006--C
 
 AGRICULTURAL  BUILDINGS  AS DEFINED BY THE COUNCIL, SUCH EXEMPTION SHALL
 INCLUDE PROVISIONS THAT, TO THE FULLEST EXTENT FEASIBLE, LIMIT  THE  USE
 OF  FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS TO THE SYSTEM AND AREA OF
 THE BUILDING FOR WHICH A PROHIBITION ON FOSSIL-FUEL EQUIPMENT AND BUILD-
 ING  SYSTEMS  IS  INFEASIBLE;  REQUIRE  THE AREA OR SERVICE WITHIN A NEW
 BUILDING WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE  INSTALLED
 BE ELECTRIFICATION READY, EXCEPT WITH RESPECT TO SERVICING MANUFACTURING
 OR  INDUSTRIAL  PROCESSES;  AND  MINIMIZE EMISSIONS FROM THE FOSSIL-FUEL
 EQUIPMENT AND BUILDING SYSTEMS THAT ARE ALLOWED  TO  BE  USED,  PROVIDED
 THAT  THE PROVISIONS SET FORTH IN THIS PARAGRAPH DO NOT ADVERSELY AFFECT
 HEALTH, SAFETY, SECURITY, OR FIRE PROTECTION.  FINANCIAL  CONSIDERATIONS
 SHALL  NOT BE SUFFICIENT BASIS TO DETERMINE PHYSICAL OR TECHNICAL INFEA-
 SIBILITY.
   (D) EXEMPTIONS INCLUDED IN THE CODE PURSUANT TO THIS SUBDIVISION SHALL
 BE PERIODICALLY REVIEWED BY THE STATE FIRE PREVENTION AND BUILDING  CODE
 COUNCIL  TO  ASSURE  THAT  THEY  CONTINUE  TO EFFECTUATE THE PURPOSES OF
 SUBDIVISION SIX OF THIS SECTION TO THE FULLEST EXTENT FEASIBLE.
   (E) THE CODE SHALL ALLOW FOR EXEMPTION OF A NEW BUILDING  CONSTRUCTION
 PROJECT  THAT  REQUIRES  AN  APPLICATION  FOR  NEW  OR EXPANDED ELECTRIC
 SERVICE, PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-ONE OF THE PUBLIC
 SERVICE LAW AND/OR SECTION TWELVE  OF  THE  TRANSPORTATION  CORPORATIONS
 LAW,  WHEN ELECTRIC SERVICE CANNOT BE REASONABLY PROVIDED BY THE GRID AS
 OPERATED BY THE LOCAL ELECTRIC CORPORATION OR MUNICIPALITY  PURSUANT  TO
 SUBDIVISION  ONE  OF  SECTION  SIXTY-FIVE  OF  THE  PUBLIC  SERVICE LAW;
 PROVIDED, HOWEVER, THAT THE PUBLIC SERVICE  COMMISSION  SHALL  DETERMINE
 REASONABLENESS  FOR PURPOSES OF THIS EXEMPTION. FOR THE PURPOSES OF THIS
 PARAGRAPH, "GRID" SHALL HAVE THE SAME  MEANING  AS  ELECTRIC  PLANT,  AS
 DEFINED IN SUBDIVISION TWELVE OF SECTION TWO OF THE PUBLIC SERVICE LAW.
   8. FOR THE PURPOSES OF THIS SECTION:
   (A) "FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS" SHALL MEAN (I) EQUIP-
 MENT,  AS  SUCH  TERM IS DEFINED IN SECTION 11-102 OF THIS ARTICLE, THAT
 USES FOSSIL-FUEL FOR COMBUSTION;  OR  (II)  SYSTEMS,  OTHER  THAN  ITEMS
 SUPPORTING  AN  INDUSTRIAL  OR  COMMERCIAL PROCESS AS REFERRED TO IN THE
 DEFINITION OF EQUIPMENT IN SECTION 11-102 OF THE ENERGY LAW,  ASSOCIATED
 WITH A BUILDING THAT WILL BE USED FOR OR TO SUPPORT THE SUPPLY, DISTRIB-
 UTION, OR DELIVERY OF FOSSIL-FUEL FOR ANY PURPOSE, OTHER THAN FOR USE BY
 MOTOR VEHICLES.
   (B)  "ELECTRIFICATION READY" MEANS THE NEW BUILDING OR PORTION THEREOF
 WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE ALLOWED TO BE  USED
 WHICH  CONTAINS  ELECTRICAL  SYSTEMS AND DESIGNS THAT PROVIDE SUFFICIENT
 CAPACITY FOR A FUTURE REPLACEMENT  OF  SUCH  FOSSIL-FUEL  EQUIPMENT  AND
 BUILDING  SYSTEMS  WITH  ELECTRIC-POWERED  EQUIPMENT,  INCLUDING BUT NOT
 LIMITED TO SUFFICIENT SPACE, DRAINAGE, ELECTRICAL  CONDUCTORS  OR  RACE-
 WAYS,  BUS  BAR  CAPACITY,  AND  OVERCURRENT PROTECTIVE DEVICES FOR SUCH
 ELECTRIC-POWERED EQUIPMENT.
   § 2. Section 371 of the executive law, as added by chapter 707 of  the
 laws of 1981, is amended to read as follows:
   § 371. Statement of legislative findings and purposes. 1. The legisla-
 ture hereby finds and declares that:
   a. The present level of loss of life, injury to persons, and damage to
 property  as  a result of fire demonstrates that the people of the state
 have yet to receive the basic level of  protection  to  which  they  are
 entitled  in  connection with the construction and maintenance of build-
 ings;
   b. There does not exist for all areas of the state a single, adequate,
 enforceable code establishing minimum standards for fire protection  and
 S. 4006--C                         133                        A. 3006--C
 
 construction,  maintenance  and  use of materials in buildings. Instead,
 there exists a multiplicity of codes and requirements for various  types
 of  buildings  administered at various levels of state and local govern-
 ment.  There  are, in addition, extensive areas of the state in which no
 code at all is in effect for the general benefit of the  people  of  the
 state;
   c.  The  present system of enforcement of fire protection and building
 construction codes is characterized by  a  lack  of  adequately  trained
 personnel,  as  well  as  inconsistent  qualifications for personnel who
 administer and enforce those codes;
   d. Whether because of the absence of applicable codes, inadequate code
 provisions or inadequate enforcement of codes, the threat to the  public
 health  and  safety  posed by fire remains a real and present danger for
 the people of the state; and
   e. The multiplicity of fire protection and building construction  code
 requirements  poses  an  additional  problem for the people of the state
 since it increases the cost of doing business in the state by perpetuat-
 ing multiple requirements, jurisdictional overlaps and  business  uncer-
 tainties,   and,  in  some  instances,  by  artificially  inducing  high
 construction costs.
   2. The legislature declares that it shall be the public policy of  the
 state of New York to:
   a.  Immediately  provide  for  a  minimum level of protection from the
 hazards of fire in every part of the state;
   b. Provide for the promulgation of a uniform code addressing  building
 construction  and  fire  prevention  in order to provide a basic minimum
 level of protection to all people of the state from hazards of fire  and
 inadequate  building construction. In providing for such a uniform code,
 it is declared to be the policy of the state of New York to:
   (1) reconcile the myriad existing and  potentially  conflicting  regu-
 lations which apply to different types of buildings and occupancies;
   (2)  recognize  that  fire  prevention  and  fire prevention codes are
 closely related to the adequacy of building construction codes, that the
 greatest portion of a  building  code's  requirements  are  fire  safety
 oriented,  and  that  fire prevention and building construction concerns
 should be the subject of a single code;
   (3) RECOGNIZE THAT THE DECARBONIZATION OF NEW AND  EXISTING  BUILDINGS
 IS  CLOSELY  RELATED  TO  THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA AS
 DESCRIBED IN THE NEW YORK CLIMATE LEADERSHIP  AND  COMMUNITY  PROTECTION
 ACT  SET  FORTH  IN  CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND
 NINETEEN, AND THAT THE UNIFORM CODE SHALL ENABLE THE STATE'S CLEAN ENER-
 GY OBJECTIVES;
   (4) place public and private buildings on an equal plane with  respect
 to fire prevention and adequacy of building construction;
   [(4)]  (5)  require new and existing buildings alike to keep pace with
 advances  in  technology  concerning  fire   prevention   and   building
 construction,  including,  where appropriate, that provisions apply on a
 retroactive basis; and
   [(5)] (6) provide protection to both residential  and  non-residential
 buildings;
   c.  Insure  that the uniform code be in full force and effect in every
 area of the state;
   d. Encourage local governments to exercise their full powers to admin-
 ister and enforce the uniform code; and
 S. 4006--C                         134                        A. 3006--C
 
   e. Provide for a uniform, statewide approach to the training and qual-
 ification of personnel engaged in the administration and enforcement  of
 the uniform code.
   § 3. Subdivision 19 of section 378 of the executive law, as renumbered
 by  chapter  47  of the laws of 2022, is renumbered subdivision 20 and a
 new subdivision 19 is added to read as follows:
   19. A. TO SUPPORT THE GOAL OF ZERO ON-SITE  GREENHOUSE  GAS  EMISSIONS
 AND  HELP ACHIEVE THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING
 BUT NOT LIMITED TO GREENHOUSE GAS REDUCTION REQUIREMENTS SET FORTH WITH-
 IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO  THOUSAND  NINETEEN,  ALSO
 KNOWN  AS THE NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION
 ACT, THE UNIFORM CODE SHALL PROHIBIT  THE  INSTALLATION  OF  FOSSIL-FUEL
 EQUIPMENT  AND BUILDING SYSTEMS, IN ANY NEW BUILDING NOT MORE THAN SEVEN
 STORIES IN HEIGHT, EXCEPT FOR A NEW COMMERCIAL  OR  INDUSTRIAL  BUILDING
 GREATER THAN ONE HUNDRED THOUSAND SQUARE FEET IN CONDITIONED FLOOR AREA,
 ON  OR  AFTER  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND THE
 UNIFORM CODE SHALL PROHIBIT THE INSTALLATION  OF  FOSSIL-FUEL  EQUIPMENT
 AND  BUILDING SYSTEMS, IN ALL NEW BUILDINGS ON OR AFTER DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-EIGHT.
   B. THE PROVISIONS SET FORTH IN PARAGRAPH A OF THIS  SUBDIVISION  SHALL
 NOT  BE  CONSTRUED AS APPLYING TO BUILDINGS EXISTING PRIOR TO THE EFFEC-
 TIVE DATE OF THE APPLICABLE PROHIBITION, INCLUDING TO:
   (I) THE REPAIR, ALTERATION, ADDITION, RELOCATION, OR CHANGE  OF  OCCU-
 PANCY OR USE OF SUCH BUILDINGS; AND
   (II)  THE INSTALLATION OR CONTINUED USE AND MAINTENANCE OF FOSSIL-FUEL
 EQUIPMENT AND BUILDING SYSTEMS, INCLUDING AS RELATED TO  COOKING  EQUIP-
 MENT, IN ANY SUCH BUILDINGS.
   C.  IN ADDITION, IN EFFECTUATING THE PROVISIONS SET FORTH IN PARAGRAPH
 A OF THIS SUBDIVISION THE CODE SHALL INCLUDE EXEMPTIONS FOR THE PURPOSES
 OF ALLOWING THE INSTALLATION AND USE OF FOSSIL-FUEL EQUIPMENT AND BUILD-
 ING SYSTEMS WHERE SUCH SYSTEMS ARE INSTALLED AND USED:
   (I) FOR GENERATION  OF  EMERGENCY  BACK-UP  POWER  AND  STANDBY  POWER
 SYSTEMS;
   (II) IN A MANUFACTURED HOME AS DEFINED IN SUBDIVISION SEVEN OF SECTION
 SIX HUNDRED ONE OF THE EXECUTIVE LAW; OR
   (III)  IN  A BUILDING OR PART OF A BUILDING THAT IS USED AS A MANUFAC-
 TURING FACILITY, COMMERCIAL FOOD ESTABLISHMENT,  LABORATORY,  CAR  WASH,
 LAUNDROMAT,  HOSPITAL,  OTHER MEDICAL FACILITY, CRITICAL INFRASTRUCTURE,
 INCLUDING BUT NOT LIMITED TO EMERGENCY MANAGEMENT FACILITIES, WASTEWATER
 TREATMENT FACILITIES, AND WATER TREATMENT AND PUMPING FACILITIES,  AGRI-
 CULTURAL  BUILDING,  FUEL CELL SYSTEM, OR CREMATORIUM, AS SUCH TERMS ARE
 DEFINED BY THE CODE COUNCIL.
   D. WHERE THE UNIFORM CODE INCLUDES AN ALLOWED  EXEMPTION  PURSUANT  TO
 SUBPARAGRAPH (I) OR (III) OF PARAGRAPH C OF THIS SUBDIVISION, OTHER THAN
 AGRICULTURAL  BUILDINGS  AS DEFINED BY THE COUNCIL, SUCH EXEMPTION SHALL
 INCLUDE PROVISIONS THAT, TO THE FULLEST EXTENT FEASIBLE, LIMIT  THE  USE
 OF  FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS TO THE SYSTEM AND AREA OF
 THE BUILDING FOR WHICH A PROHIBITION ON FOSSIL-FUEL EQUIPMENT AND BUILD-
 ING SYSTEMS IS INFEASIBLE; EXCEPT WITH RESPECT TO SERVICING  MANUFACTUR-
 ING  OR  INDUSTRIAL  PROCESSES, REQUIRE THE AREA OR SERVICE WITHIN A NEW
 BUILDING WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE  INSTALLED
 BE  ELECTRIFICATION  READY;  AND MINIMIZE EMISSIONS FROM THE FOSSIL-FUEL
 EQUIPMENT AND BUILDING SYSTEMS THAT ARE ALLOWED  TO  BE  USED,  PROVIDED
 THAT  SUCH  PROVISIONS DO NOT ADVERSELY AFFECT HEALTH, SAFETY, SECURITY,
 OR FIRE PROTECTION. FINANCIAL CONSIDERATIONS  SHALL  NOT  BE  SUFFICIENT
 BASIS TO DETERMINE PHYSICAL OR TECHNICAL INFEASIBILITY.
 S. 4006--C                         135                        A. 3006--C
 
   E.  EXEMPTIONS  INCLUDED IN THE UNIFORM CODE PURSUANT TO THIS SUBDIVI-
 SION SHALL BE PERIODICALLY REVIEWED BY THE CODE COUNCIL TO  ASSURE  THAT
 THEY CONTINUE TO EFFECTUATE THE PURPOSES OF PARAGRAPH A OF THIS SUBDIVI-
 SION AND SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDIVISION TWO OF SECTION
 THREE  HUNDRED  SEVENTY-ONE OF THIS ARTICLE TO THE FULLEST EXTENT FEASI-
 BLE.
   F. THE CODE SHALL ALLOW FOR EXEMPTION OF A NEW  BUILDING  CONSTRUCTION
 PROJECT  THAT  REQUIRES  AN  APPLICATION  FOR  NEW  OR EXPANDED ELECTRIC
 SERVICE, PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-ONE OF THE PUBLIC
 SERVICE LAW AND/OR SECTION TWELVE  OF  THE  TRANSPORTATION  CORPORATIONS
 LAW,  WHEN ELECTRIC SERVICE CANNOT BE REASONABLY PROVIDED BY THE GRID AS
 OPERATED BY THE LOCAL ELECTRIC CORPORATION OR MUNICIPALITY  PURSUANT  TO
 SUBDIVISION  ONE  OF  SECTION  SIXTY-FIVE  OF  THE  PUBLIC  SERVICE LAW;
 PROVIDED, HOWEVER, THAT THE PUBLIC SERVICE  COMMISSION  SHALL  DETERMINE
 REASONABLENESS  FOR PURPOSES OF THIS EXEMPTION. FOR THE PURPOSES OF THIS
 PARAGRAPH, "GRID" SHALL HAVE THE SAME  MEANING  AS  ELECTRIC  PLANT,  AS
 DEFINED IN SUBDIVISION TWELVE OF SECTION TWO OF THE PUBLIC SERVICE LAW.
   G. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS" SHALL MEAN (A) EQUIP-
 MENT,  AS SUCH TERM IS DEFINED IN SECTION 11-102 OF THE ENERGY LAW, THAT
 USES FOSSIL-FUEL FOR  COMBUSTION;  OR  (B)  SYSTEMS,  OTHER  THAN  ITEMS
 SUPPORTING  AN  INDUSTRIAL  OR  COMMERCIAL PROCESS AS REFERRED TO IN THE
 DEFINITION OF EQUIPMENT IN SECTION 11-102 OF THE ENERGY LAW,  ASSOCIATED
 WITH A BUILDING THAT WILL BE USED FOR OR TO SUPPORT THE SUPPLY, DISTRIB-
 UTION, OR DELIVERY OF FOSSIL-FUEL FOR ANY PURPOSE, OTHER THAN FOR USE BY
 MOTOR VEHICLES.
   (II) "ELECTRIFICATION READY" MEANS THE NEW BUILDING OR PORTION THEREOF
 WHERE  FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE ALLOWED TO BE USED
 WHICH CONTAINS ELECTRICAL SYSTEMS AND DESIGNS  THAT  PROVIDE  SUFFICIENT
 CAPACITY  FOR  A  FUTURE  REPLACEMENT  OF SUCH FOSSIL-FUEL EQUIPMENT AND
 BUILDING SYSTEMS WITH  ELECTRIC-POWERED  EQUIPMENT,  INCLUDING  BUT  NOT
 LIMITED  TO  SUFFICIENT  SPACE, DRAINAGE, ELECTRICAL CONDUCTORS OR RACE-
 WAYS, BUS BAR CAPACITY, AND  OVERCURRENT  PROTECTIVE  DEVICES  FOR  SUCH
 ELECTRIC-POWERED EQUIPMENT.
   § 4. Section 1005 of the public authorities law is amended by adding a
 new subdivision 30 to read as follows:
   30.  TO ESTABLISH DECARBONIZATION ACTION PLANS FOR STATE-OWNED FACILI-
 TIES AS PROVIDED FOR IN SECTION NINETY OF THE PUBLIC BUILDINGS LAW,  AND
 TO CONSULT, COOPERATE, AND COORDINATE WITH ANY STATE ENTITY, AS REQUIRED
 OR AUTHORIZED IN ARTICLE FOUR-D OF THE PUBLIC BUILDINGS LAW.
   §  5.  The public buildings law is amended by adding a new article 4-D
 to read as follows:

                                ARTICLE 4-D
                 DECARBONIZATION OF STATE-OWNED FACILITIES
 SECTION 90. DEFINITIONS.
         91. DECARBONIZATION ACTION PLANS.
   § 90. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "AUTHORITY" SHALL MEAN THE POWER AUTHORITY OF THE STATE OF NEW YORK
 ESTABLISHED UNDER TITLE ONE OF ARTICLE FIVE OF  THE  PUBLIC  AUTHORITIES
 LAW.
   2.  "DECARBONIZATION"  AND "DECARBONIZE" MEANS ELIMINATING ALL ON-SITE
 COMBUSTION OF FOSSIL-FUELS AND ASSOCIATED CO-POLLUTANTS WITH THE  EXCEP-
 TION  OF  BACK-UP  EMERGENCY  GENERATORS AND REDUNDANT SYSTEMS NEEDED TO
 ADDRESS PUBLIC HEALTH, SAFETY AND SECURITY, PROVIDING HEATING AND  COOL-
 ING  THROUGH  THERMAL ENERGY, AND THERMAL ENERGY NETWORKS, FROM NON-COM-
 S. 4006--C                         136                        A. 3006--C
 
 BUSTION SOURCES, AND TO THE GREATEST EXTENT FEASIBLE  PRODUCING  ON-SITE
 ELECTRICITY THAT IS ONE HUNDRED PERCENT RENEWABLE.
   3. "HIGHEST-EMITTING FACILITIES" MEANS STATE-OWNED FACILITIES THAT ARE
 AMONG THE HIGHEST PRODUCERS OF GREENHOUSE GAS EMISSIONS AND COLLECTIVELY
 ACCOUNT  FOR  AT LEAST THIRTY PERCENT OF THE GREENHOUSE GAS EMISSIONS AS
 RECORDED BY THE AUTHORITY'S BUILD SMART NY PROGRAM ESTABLISHED  PURSUANT
 TO EXECUTIVE ORDER 88 OF 2012.
   4.  "THERMAL  ENERGY"  SHALL  HAVE THE MEANING PROVIDED IN SUBDIVISION
 TWENTY-EIGHT OF SECTION TWO OF THE PUBLIC SERVICE LAW.
   5. "THERMAL ENERGY NETWORK" SHALL HAVE THE SAME MEANING AS DEFINED  IN
 SUBDIVISION TWENTY-NINE OF SECTION TWO OF THE PUBLIC SERVICE LAW.
   6.  "STATE  ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY" SHALL MEAN THE
 NEW YORK STATE ENERGY RESEARCH  AND  DEVELOPMENT  AUTHORITY  ESTABLISHED
 UNDER TITLE NINE OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW.
   7.  "STATE-OWNED  FACILITIES"  OR  "FACILITIES" INCLUDES "BUILDING" AS
 DEFINED BY SECTION EIGHTY-ONE OF THIS CHAPTER, "DORMITORY" AS DEFINED BY
 SECTION THREE HUNDRED SEVENTY OF THE EDUCATION LAW,  AND  "FACILITY"  AS
 DEFINED BY SECTION THREE HUNDRED SEVENTY OF THE EDUCATION LAW.
   § 91. DECARBONIZATION ACTION PLANS. 1. THE AUTHORITY IS HEREBY AUTHOR-
 IZED  AND DIRECTED TO ESTABLISH DECARBONIZATION ACTION PLANS FOR FIFTEEN
 OF THE HIGHEST-EMITTING FACILITIES THAT WILL SERVE AS A BASIS FOR DECAR-
 BONIZING THE FACILITIES TO THE MAXIMUM EXTENT PRACTICABLE,  AND  SUBJECT
 TO  ANY  NEEDED  REDUNDANT SYSTEMS AND BACK-UP SYSTEMS NEEDED FOR PUBLIC
 SAFETY AND SECURITY. DECARBONIZATION  ACTION  PLANS  SHALL  ADDRESS  THE
 FOLLOWING MATTERS AT A MINIMUM:
   (A)  A COMPREHENSIVE ACCOUNTING AND ANALYSIS OF ALL ENERGY USES AT THE
 FACILITIES.
   (B) GREENHOUSE GAS AND OTHER HARMFUL EMISSIONS (E.G., NOX, SOX, PARTI-
 CULATE MATTER) RESULTING FROM THE ON-SITE AND SOURCE ENERGY USAGE OF THE
 FACILITIES.
   (C) ANALYSIS OF THE FEASIBILITY OF USING THERMAL  ENERGY  AND  THERMAL
 ENERGY  NETWORKS  AT THE FACILITY, INCLUDING ANY ANTICIPATED LIMITATIONS
 ON THE USE OF THERMAL ENERGY NETWORKS, ALONG WITH A CHARACTERIZATION  OF
 ANY  SUCH  LIMITATIONS, INCLUDING WHETHER THEY ARE PERMANENT, TEMPORARY,
 OR RESOLVABLE ON A COST-EFFECTIVE BASIS.
   (D) IDENTIFICATION AND ANALYSIS OF  ENERGY  EFFICIENCY  MEASURES  THAT
 COULD BE DESIGNED AND CONSTRUCTED IN LATER DECARBONIZATION PROJECT PHAS-
 ES.
   (E)  AN  ANALYSIS  OF THE AVAILABILITY AND/OR FEASIBILITY OF PROVIDING
 CLEAN ENERGY THROUGH ELECTRIFICATION TECHNOLOGIES AND  ASSOCIATED  ELEC-
 TRICAL  UPGRADES  TO  MEET THE FACILITY ENERGY NEEDS, AS DEMONSTRATED BY
 THE REDUCED LOAD PROFILES DETERMINED TO  BE  PRACTICABLE  BASED  ON  THE
 ENERGY EFFICIENCY MEASURES IDENTIFIED, EITHER THROUGH ON-SITE GENERATION
 AND/OR OTHER PROCUREMENT.
   (F)  INVESTIGATION  OF  THE  RESILIENCY  AND REDUNDANT CAPACITY OF THE
 EXISTING CRITICAL INFRASTRUCTURE, SUCH AS HEATING,  COOLING  AND  BACKUP
 ELECTRICAL POWER SYSTEMS.
   (G)  IDENTIFICATION  OF  ANY  PARTS  OF  THE FACILITIES THAT CANNOT BE
 DECARBONIZED, WITH EXPLANATIONS.
   (H) GEOTECHNICAL INVESTIGATIONS INTO THE ON-SITE POTENTIAL  FOR  CLEAN
 ENERGY SOURCES, INCLUDING DRILLING TEST GEOTHERMAL WELLS AS NEEDED.
   (I)  DETERMINATION  OF  THE FEASIBILITY AND ADVISABILITY OF GATHERING,
 COMBINING, OR EXPANDING ANY CLEAN  ENERGY  SOURCES  OR  CENTRAL  THERMAL
 ENERGY NETWORKS WITH NEIGHBORING OR NEARBY RELATED STATE FACILITIES.
   (J)  INVESTIGATION  OF THE INFRASTRUCTURE, PLANNING AND FUNDING NEEDED
 TO ELECTRIFY TRANSPORTATION RESOURCES REGULARLY USED TO SERVE THE FACIL-
 S. 4006--C                         137                        A. 3006--C
 
 ITIES,    SUCH    AS    PUBLIC    TRANSIT,     VEHICLE     FLEETS     OR
 EMPLOYEE/RESIDENT/STUDENT ELECTRIC VEHICLE CHARGING STATIONS.
   (K)  AN  ECONOMIC AND FEASIBILITY ANALYSIS BASED UPON THE POTENTIAL TO
 DECARBONIZE THE FACILITY, CONSIDERING AMONG OTHER THINGS THE NET PRESENT
 VALUE OF THE LIFE CYCLE COST OF THE THERMAL SYSTEMS  AND  OTHER  SYSTEMS
 PROPOSED,  INCLUSIVE  OF THE SOCIAL COST OF CARBON, CAPITAL EXPENSES FOR
 INITIAL IMPLEMENTATION AND MAJOR EQUIPMENT REPLACEMENTS, AND OPERATIONAL
 EXPENSES, INCLUDING LABOR COSTS.
   2. THE AUTHORITY SHALL COMPLETE THE DECARBONIZATION  ACTION  PLANS  NO
 LATER  THAN JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, PROVIDED THAT
 SUCH DATE SHALL BE EXTENDED FOR JUSTIFIABLE DELAY OUTSIDE THE CONTROL OF
 THE AUTHORITY, INCLUDING, BUT NOT  LIMITED  TO,  PREVIOUSLY  PLANNED  OR
 CURRENT  MAJOR  RENOVATIONS  OR  REPLACEMENTS TO THE FACILITIES, DELAYED
 PERMITTING OR APPROVAL BY BUILDING OWNERS, LOCAL AUTHORITIES,  OR  OTHER
 ESSENTIAL  PARTIES, EXTERNAL RESOURCE BOTTLENECKS, PENDING OR UNRESOLVED
 INVESTIGATIONS INTO UTILITY GRID CAPACITY OR SIMILAR CIRCUMSTANCES WHERE
 CRUCIAL INFORMATION IS NOT YET AVAILABLE OR DETERMINED.  SUCH  EXTENSION
 SHALL  BE  LIMITED  TO THE TIME NECESSARY TO ADDRESS THE FACTORS CAUSING
 SUCH DELAY.
   3. THE AUTHORITY SHALL COMPLETE AND SUBMIT  A  REPORT,  ON  OR  BEFORE
 JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER,
 TO  THE  GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESI-
 DENT OF THE SENATE, AND  SHALL  POST  SUCH  REPORT  ON  THE  AUTHORITY'S
 WEBSITE  SO  THAT  IT IS ACCESSIBLE FOR PUBLIC REVIEW. SUCH REPORT SHALL
 INCLUDE, BUT NOT BE LIMITED TO: (A) THE PROGRESS OF THE  DECARBONIZATION
 ACTION  PLANS;  (B)  ANY  DIFFICULTIES  IN PREPARING THE DECARBONIZATION
 ACTION PLANS; AND (C) ANY ANTICIPATED DELAYS IN COMPLETING THE DECARBON-
 IZATION ACTION PLANS BY JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN.
   4. THE AUTHORITY IS  AUTHORIZED  TO  ALLOCATE  UP  TO  THIRTY  MILLION
 DOLLARS TO PREPARE THE DECARBONIZATION ACTION PLANS. THE OWNER OR OPERA-
 TOR  OF  STATE-OWNED FACILITIES SHALL NOT BE RESPONSIBLE FOR REIMBURSING
 THE AUTHORITY FOR THE COSTS THE AUTHORITY INCURS TO ESTABLISH THE DECAR-
 BONIZATION ACTION PLANS PROVIDED FOR IN THIS SECTION, PROVIDED THAT  THE
 AUTHORITY  IS  AUTHORIZED TO OBTAIN REIMBURSEMENT OF SUCH COSTS FROM ANY
 OTHER AVAILABLE FUNDING SOURCES, AND PROVIDED FURTHER, THAT  NOTHING  IN
 THIS  SUBDIVISION  IS  INTENDED  TO  LIMIT  THE AUTHORITY FROM RECEIVING
 COMPENSATION FOR ANY SERVICES IT PROVIDES TO ANY OWNER  OR  OPERATOR  OF
 STATE-OWNED  FACILITIES, INCLUDING SERVICES RELATED TO IMPLEMENTATION OF
 DECARBONIZATION PLANS AND DECARBONIZATION PROJECTS, ON  SUCH  TERMS  AND
 CONDITIONS AS THE PARTIES AGREE.
   5.  THE  AUTHORITY  MAY  ASK  AND  SHALL RECEIVE FROM THE STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY, THE OFFICE OF GENERAL SERVICES,  THE
 STATE UNIVERSITY OF NEW YORK, THE DORMITORY AUTHORITY, THE DEPARTMENT OF
 ENVIRONMENTAL  CONSERVATION, AND ANY OWNERS AND OPERATORS OF STATE-OWNED
 FACILITIES, ANY INFORMATION OR STAFF TECHNICAL ASSISTANCE  NECESSARY  TO
 CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION.
   6.  THE  CHILLER. THE STATE UNIVERSITY OF NEW YORK SHALL UTILIZE UP TO
 THIRTY MILLION DOLLARS OF THE 2023-24 NEW YORK STATE  URBAN  DEVELOPMENT
 CORPORATION  CAPITAL  APPROPRIATION  FOR  THE  REPLACEMENT OF ABSORPTION
 CHILLERS IN THE CENTRAL CHILLER PLANT OF THE  STATE  UNIVERSITY  OF  NEW
 YORK AT ALBANY.
   7.  ANY  PROJECT,  INCLUDING  ANY  THERMAL ENERGY PROJECT, THAT MAY BE
 FUNDED AS A RESULT OF A DECARBONIZATION ACTION PLAN  COMPLETED  PURSUANT
 TO  THIS  SECTION  SHALL: (A) BE DEEMED A PUBLIC WORK PROJECT SUBJECT TO
 ARTICLE EIGHT OF THE LABOR LAW; (B) REQUIRE THAT THE COMPONENT PARTS  OF
 ANY  GEOTHERMAL  SYSTEMS  OR  ANY  OTHER  HEATING OR COOLING SYSTEMS ARE
 S. 4006--C                         138                        A. 3006--C
 
 PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES,  ITS
 TERRITORIES OR POSSESSIONS, SUBJECT TO A WAIVER PROVISION SIMILAR TO THE
 ONE  CONTAINED  IN  SUBDIVISION TWO OF SECTION SIXTY-SIX-S OF THE PUBLIC
 SERVICE  LAW;  (C)  CONTAIN A REQUIREMENT THAT ANY PUBLIC OWNER OR THIRD
 PARTY ACTING ON BEHALF OF A PUBLIC OWNER  ENTER  INTO  A  PROJECT  LABOR
 AGREEMENT  AS DEFINED BY SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW
 FOR ALL CONSTRUCTION WORK; AND (D) REQUIRE  THE  PAYMENT  OF  PREVAILING
 WAGE  STANDARDS CONSISTENT WITH ARTICLE NINE OF THE LABOR LAW FOR BUILD-
 ING SERVICES WORK. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
 ALL RIGHTS OR BENEFITS, INCLUDING TERMS AND  CONDITIONS  OF  EMPLOYMENT,
 AND  PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING PUBLIC EMPLOYEES AND THE WORK JURISDICTION, COVERED JOB TITLES,
 AND WORK ASSIGNMENTS, SET FORTH IN THE CIVIL SERVICE LAW AND  COLLECTIVE
 BARGAINING  AGREEMENTS  WITH  LABOR  ORGANIZATIONS  REPRESENTING  PUBLIC
 EMPLOYEES SHALL BE PRESERVED AND PROTECTED. ANY SUCH PROJECT  SHALL  NOT
 RESULT IN THE: (I) DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER OR LOSS
 OF  POSITION  (INCLUDING PARTIAL DISPLACEMENT AS SUCH A REDUCTION IN THE
 HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENEFITS) OR RESULT  IN
 THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS; (II) TRANS-
 FER  OF  EXISTING  DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPER-
 ATIONS CURRENTLY PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED  ENTITIES
 TO  A  CONTRACTING  ENTITY; OR (III) TRANSFER OF FUTURE DUTIES AND FUNC-
 TIONS ORDINARILY PERFORMED BY EMPLOYEES  OF  AUTHORIZED  ENTITIES  TO  A
 CONTRACTING ENTITY.
   § 6. This act shall take effect immediately.
 
                                  PART SS
 
   Section  1.  Section  4  of  part LL of chapter 58 of the laws of 2019
 amending the public authorities law relating to the provision of renewa-
 ble power and energy by the Power Authority of the State of New York  is
 amended to read as follows:
   §  4.  This act shall take effect immediately; PROVIDED, HOWEVER, THAT
 SECTIONS TWO AND THREE OF THIS ACT SHALL EXPIRE AND BE  DEEMED  REPEALED
 ON  JUNE  30, 2033, provided, however, that [the provisions of sections]
 SUBPARAGRAPH (2) OF PARAGRAPH (A) OF SUBDIVISION 27 OF SECTION  1005  OF
 THE  PUBLIC  AUTHORITIES LAW AS ADDED BY SECTION two [and three] of this
 act shall expire on June  30,  2024  when  upon  such  date  [the]  SUCH
 provisions  [of  such  sections] shall be deemed repealed, provided that
 such repeal shall not affect or impair any act done, any  right,  permit
 or  authorization  accrued or acquired, or any liability incurred, prior
 to the time such repeal takes effect,  and  provided  further  that  any
 project or contract that was awarded by the power authority of the state
 of  New  York  prior to such repeal shall be permitted to continue under
 this act notwithstanding such repeal.
   § 2. This act shall take effect immediately.
 
                                  PART TT
 
   Section 1. Section 1854 of the public authorities law  is  amended  by
 adding three new subdivisions 24, 25 and 26 to read as follows:
   24. ALL REVENUES GENERATED PURSUANT TO REGULATIONS OR ACTIONS TAKEN BY
 THE  DEPARTMENT,  THE  AUTHORITY  OR ANY OTHER STATE ENTITY, PURSUANT TO
 SECTIONS 75-0107 AND 75-0109  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW,
 SHALL    BE  PLACED  INTO A SEGREGATED AUTHORITY FUNDING ACCOUNT, ESTAB-
 LISHED PURSUANT TO SECTION EIGHTEEN HUNDRED FIFTY-NINE  OF  THIS  TITLE,
 S. 4006--C                         139                        A. 3006--C
 
 PRIOR  TO  PROGRAMMATIC  OR  ADMINISTRATIVE ALLOCATION, AND SHALL NOT BE
 COMMINGLED WITH OTHER AUTHORITY FUNDS.
   25.  WITHIN THIRTY DAYS FOLLOWING RECEIPT OF REVENUES GENERATED PURSU-
 ANT TO REGULATIONS OR ACTIONS TAKEN BY THE DEPARTMENT, THE AUTHORITY  OR
 ANY  OTHER  STATE ENTITY PURSUANT TO SECTIONS 75-0107 AND 75-0109 OF THE
 ENVIRONMENTAL CONSERVATION LAW, THE AUTHORITY SHALL MAKE  THE  FOLLOWING
 TRANSFERS FROM SUCH SEGREGATED AUTHORITY FUNDING ACCOUNT:
   (A)  NOT  LESS THAN THIRTY PERCENT TO THE NEW YORK CLIMATE ACTION FUND
 CONSUMER CLIMATE ACTION ACCOUNT ESTABLISHED PURSUANT TO SECTION  NINETY-
 NINE-QQ OF THE STATE FINANCE LAW;
   (B) UP TO THREE PERCENT TO THE NEW YORK CLIMATE ACTION FUND INDUSTRIAL
 SMALL  BUSINESS  CLIMATE  ACTION ACCOUNT ESTABLISHED PURSUANT TO SECTION
 NINETY-NINE-QQ OF THE STATE FINANCE LAW; AND
   (C) NOT LESS THAN SIXTY-SEVEN PERCENT TO THE NEW YORK  CLIMATE  ACTION
 FUND  CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-
 NINE-QQ OF THE STATE FINANCE LAW.
   26. CLIMATE AFFORDABILITY STUDY. THE AUTHORITY AND THE  DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION,  IN  CONSULTATION  WITH THE DIVISION OF THE
 BUDGET, THE DEPARTMENT OF PUBLIC SERVICE, AND THE DEPARTMENT OF TAXATION
 AND FINANCE, SHALL CONDUCT A STUDY AND ISSUE A REPORT  WITH  RECOMMENDA-
 TIONS  FOR  THE USE OF MONEYS TRANSFERRED TO THE CONSUMER CLIMATE ACTION
 ACCOUNT ESTABLISHED PURSUANT TO  SECTION  NINETY-NINE-QQ  OF  THE  STATE
 FINANCE  LAW.    SUCH  REPORT  SHALL BE GUIDED BY THE FINAL SCOPING PLAN
 PREPARED PURSUANT TO SECTION 75-0103 OF THE  ENVIRONMENTAL  CONSERVATION
 LAW  AND  SHALL CONSIDER, AMONG OTHER THINGS: (A) STRUCTURE AND DISTRIB-
 UTION OF BENEFITS IN  AN  EQUITABLE  MANNER,  ACCOUNTING  FOR  POTENTIAL
 DISPROPORTIONATE  IMPACTS  TO  LOW-INCOME  HOUSEHOLDS  AND DISADVANTAGED
 COMMUNITIES; (B) IMPLEMENTATION OF A VARIETY OF MECHANISMS TO  MEET  THE
 VARIED  NEEDS  OF  THE  PEOPLE  OF  THE  STATE, WHICH MAY INCLUDE DIRECT
 PAYMENTS, TAX CREDITS, TRANSIT VOUCHERS, UTILITY  ASSISTANCE,  OR  OTHER
 FINANCIAL  BENEFITS  THAT  ARE REASONABLE AND PRACTICABLE; (C) FINANCIAL
 BENEFITS THAT ENSURE THAT INDIVIDUALS RECEIVING MEANS-TESTED  GOVERNMENT
 ASSISTANCE RECEIVE BENEFITS THAT WILL NOT CONSTITUTE INCOME FOR PURPOSES
 OF ANY SUCH MEANS-TESTED GOVERNMENT ASSISTANCE PROGRAMS; AND (D) BENEFIT
 PROGRAMS  THAT  LIMIT  THE ADMINISTRATIVE EFFORT REQUIRED OF RECIPIENTS.
 SUCH STUDY SHALL BE COMPLETED BY THE  FIRST  OF  JANUARY,  TWO  THOUSAND
 TWENTY-FOUR, AND SHALL BE DELIVERED TO THE GOVERNOR AND THE LEGISLATURE.
   § 2. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   §  99-QQ. NEW YORK CLIMATE ACTION FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
 STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE  "NEW  YORK  CLIMATE
 ACTION FUND".
   2.  THE   COMPTROLLER   SHALL   ESTABLISH   THE FOLLOWING SEPARATE AND
 DISTINCT ACCOUNTS WITHIN THE NEW YORK CLIMATE ACTION FUND:
   (A) CONSUMER CLIMATE ACTION ACCOUNT;
   (B) INDUSTRIAL SMALL BUSINESS CLIMATE ACTION ACCOUNT; AND
   (C) CLIMATE INVESTMENT ACCOUNT.
   3. (A) THE NEW  YORK  CLIMATE  ACTION  FUND  CONSUMER  CLIMATE  ACTION
 ACCOUNT  SHALL CONSIST OF MONEYS RECEIVED BY THE STATE PURSUANT TO PARA-
 GRAPH (A) OF SUBDIVISION TWENTY-FIVE OF SECTION EIGHTEEN HUNDRED  FIFTY-
 FOUR  OF  THE PUBLIC AUTHORITIES LAW, AND ALL OTHER MONEYS APPROPRIATED,
 CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE  PURSUANT
 TO  LAW.    MONEYS  OF THE ACCOUNT SHALL BE EXPENDED FOR THE PURPOSES OF
 PROVIDING BENEFITS TO HELP REDUCE POTENTIAL INCREASED COSTS  OF  VARIOUS
 GOODS AND SERVICES TO CONSUMERS IN THE STATE.
 S. 4006--C                         140                        A. 3006--C

   (B) THE NEW YORK CLIMATE ACTION FUND INDUSTRIAL SMALL BUSINESS CLIMATE
 ACTION ACCOUNT SHALL CONSIST OF MONEYS RECEIVED BY THE STATE PURSUANT TO
 PARAGRAPH  (B)  OF  SUBDIVISION  TWENTY-FIVE OF SECTION EIGHTEEN HUNDRED
 FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW, AND ALL OTHER MONEYS APPROPRI-
 ATED,  CREDITED,  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR SOURCE
 PURSUANT TO LAW. MONEYS  OF  THE  ACCOUNT  SHALL  BE  EXPENDED  FOR  THE
 PURPOSES  OF PROVIDING BENEFITS TO HELP REDUCE POTENTIAL INCREASED COSTS
 OF VARIOUS GOODS AND SERVICES TO INDUSTRIAL  SMALL  BUSINESSES  INCORPO-
 RATED, FORMED OR ORGANIZED, AND DOING BUSINESS IN THE STATE OF NEW YORK.
   (C)  THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT SHALL
 CONSIST OF MONEYS RECEIVED BY THE STATE PURSUANT  TO  PARAGRAPH  (C)  OF
 SUBDIVISION  TWENTY-FIVE  OF  SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE
 PUBLIC AUTHORITIES LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED,  OR
 TRANSFERRED THERETO FROM ANY  OTHER  FUND  OR  SOURCE PURSUANT  TO  LAW.
 MONEYS   OF   THE   ACCOUNT  SHALL BE MADE AVAILABLE FOR THE PURPOSES OF
 ASSISTING THE STATE IN TRANSITIONING TO A LESS CARBON INTENSIVE ECONOMY,
 INCLUDING BUT NOT LIMITED TO: (I) PURPOSES WHICH ARE CONSISTENT WITH THE
 GENERAL FINDINGS OF  THE  SCOPING  PLAN  PREPARED  PURSUANT  TO  SECTION
 75-0103  OF  THE ENVIRONMENTAL CONSERVATION LAW; (II) ADMINISTRATIVE AND
 IMPLEMENTATION COSTS, AUCTION DESIGN AND SUPPORT COSTS, PROGRAM  DESIGN,
 EVALUATION,  AND OTHER ASSOCIATED COSTS; AND (III) MEASURES WHICH PRIOR-
 ITIZE DISADVANTAGED COMMUNITIES BY SUPPORTING  ACTIONS  CONSISTENT  WITH
 THE  REQUIREMENTS OF PARAGRAPH D OF SUBDIVISION THREE OF SECTION 75-0109
 AND OF SECTION 75-0117 OF THE ENVIRONMENTAL CONSERVATION LAW, IDENTIFIED
 THROUGH  COMMUNITY  DECISION-MAKING  AND  STAKEHOLDER  INPUT,  INCLUDING
 EARLY  ACTION TO REDUCE GREENHOUSE GAS EMISSIONS IN DISADVANTAGED COMMU-
 NITIES.
   4. MONEYS IN THE NEW YORK CLIMATE ACTION FUND SHALL BE  KEPT  SEPARATE
 FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
 THE  COMPTROLLER  OR THE COMMISSIONER OF TAXATION AND FINANCE. PROVIDED,
 HOWEVER, THAT ANY MONEYS OF THE FUND NOT REQUIRED FOR IMMEDIATE USE MAY,
 AT THE DISCRETION OF THE COMPTROLLER, IN CONSULTATION WITH THE  DIRECTOR
 OF THE DIVISION OF BUDGET, BE INVESTED BY THE COMPTROLLER IN OBLIGATIONS
 OF  THE  UNITED STATES OR THE STATE. THE PROCEEDS OF ANY SUCH INVESTMENT
 SHALL BE RETAINED BY THE FUND AS ASSETS TO BE USED FOR PURPOSES  OF  THE
 FUND.
   § 3. The labor law is amended by adding a new section 224-f to read as
 follows:
   § 224-F. WAGE REQUIREMENTS FOR CERTAIN CLIMATE RISK-RELATED AND ENERGY
 TRANSITION PROJECTS. 1. FOR PURPOSES OF THIS SECTION, A "COVERED CLIMATE
 RISK-RELATED AND ENERGY TRANSITION PROJECT" MEANS A CONSTRUCTION PROJECT
 THAT  RECEIVES  AT  LEAST ONE HUNDRED THOUSAND DOLLARS OF FUNDS FROM THE
 NEW YORK CLIMATE ACTION  FUND  CLIMATE  INVESTMENT  ACCOUNT  ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW.
   2.  A COVERED CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECT SHALL
 BE SUBJECT TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE  WITH  SECTIONS
 TWO  HUNDRED  TWENTY,  TWO  HUNDRED  TWENTY-A, TWO HUNDRED TWENTY-B, TWO
 HUNDRED  TWENTY-I,   TWO   HUNDRED   TWENTY-THREE,   AND   TWO   HUNDRED
 TWENTY-FOUR-B  OF THIS ARTICLE, PROVIDED THAT A COVERED CLIMATE RISK-RE-
 LATED AND ENERGY TRANSITION PROJECT MAY STILL OTHERWISE BE CONSIDERED  A
 COVERED  PROJECT  PURSUANT  TO SECTION TWO HUNDRED TWENTY OR TWO HUNDRED
 TWENTY-FOUR-A OF THIS ARTICLE IF IT MEETS THE DEFINITION THEREIN.
   3. FOR PURPOSES OF THIS SECTION, A COVERED  CLIMATE  RISK-RELATED  AND
 ENERGY TRANSITION PROJECT SHALL EXCLUDE:
   A.  PRIVATELY  OWNED  CONSTRUCTION  WORK  PERFORMED  UNDER  A PRE-HIRE
 COLLECTIVE BARGAINING AGREEMENT BETWEEN AN OWNER OR DEVELOPER AND A BONA
 S. 4006--C                         141                        A. 3006--C
 
 FIDE BUILDING AND  CONSTRUCTION  TRADES  LABOR  ORGANIZATION  WHICH  HAS
 ESTABLISHED  ITSELF, AND/OR ITS AFFILIATES, AS THE COLLECTIVE BARGAINING
 REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON SUCH A  PROJECT,
 AND  WHICH  PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A
 PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM WORK ON
 SUCH A PROJECT; OR
   B. CONSTRUCTION WORK ON ONE- OR TWO-FAMILY DWELLINGS WHERE THE PROPER-
 TY IS THE OWNER'S PRIMARY RESIDENCE, OR CONSTRUCTION WORK  PERFORMED  ON
 PROPERTY WHERE THE OWNER OF THE PROPERTY OWNS NO MORE THAN FOUR DWELLING
 UNITS; OR
   C.  CONSTRUCTION  WORK PERFORMED ON A MULTIPLE RESIDENCE AND/OR ANCIL-
 LARY AMENITIES OR INSTALLATIONS THAT IS WHOLLY PRIVATELY OWNED IN ANY OF
 THE FOLLOWING CIRCUMSTANCES:
   (I) WHERE NO LESS THAN TWENTY-FIVE PERCENT OF  THE  RESIDENTIAL  UNITS
 ARE AFFORDABLE AND SHALL BE RETAINED SUBJECT TO AN ANTICIPATED REGULATO-
 RY  AGREEMENT  WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY, OR A
 NOT-FOR-PROFIT ENTITY WITH AN ANTICIPATED FORMAL AGREEMENT WITH A LOCAL,
 STATE, OR FEDERAL GOVERNMENTAL ENTITY FOR PURPOSES OF PROVIDING AFFORDA-
 BLE HOUSING IN A GIVEN LOCALITY OR REGION PROVIDED THAT  THE  PERIOD  OF
 AFFORDABILITY  FOR  A  RESIDENTIAL  UNIT  DEEMED  AFFORDABLE  UNDER  THE
 PROVISIONS OF THIS PARAGRAPH SHALL BE FOR NO  LESS  THAN  FIFTEEN  YEARS
 FROM THE DATE OF CONSTRUCTION; OR
   (II)  WHERE  NO LESS THAN THIRTY-FIVE PERCENT OF THE RESIDENTIAL UNITS
 INVOLVES THE PROVISION OF SUPPORTIVE  HOUSING  SERVICES  FOR  VULNERABLE
 POPULATIONS PROVIDED THAT SUCH UNITS ARE SUBJECT TO AN ANTICIPATED REGU-
 LATORY AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY.
   4.  AS A CONDITION OF RECEIVING FUNDS FROM THE NEW YORK CLIMATE ACTION
 FUND CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION  NINETY-
 NINE-QQ  OF THE STATE FINANCE LAW FOR A COVERED CLIMATE RISK-RELATED AND
 ENERGY TRANSITION PROJECT,  THE  OWNER  OR  DEVELOPER  OF  SUCH  COVERED
 CLIMATE  RISK-RELATED  AND  ENERGY  TRANSITION PROJECT, OR A THIRD PARTY
 ACTING ON SUCH OWNER'S OR DEVELOPER'S BEHALF, SHALL AGREE TO ENTER  INTO
 A  LABOR  PEACE AGREEMENT WITH AT LEAST ONE BONA FIDE LABOR ORGANIZATION
 EITHER:
   A. WHERE SUCH BONA FIDE LABOR ORGANIZATION  IS  ACTIVELY  REPRESENTING
 NON-CONSTRUCTION  EMPLOYEES  WHO  WILL  BE  WORKING  WITHIN  THE COVERED
 CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECT ONCE BUILT; OR
   B. UPON NOTICE BY A BONA FIDE LABOR ORGANIZATION THAT IS ATTEMPTING TO
 REPRESENT SUCH NON-CONSTRUCTION EMPLOYEES.
   5. FOR PURPOSES OF THIS  SECTION  "LABOR  PEACE  AGREEMENT"  MEANS  AN
 AGREEMENT BETWEEN AN OWNER AND/OR DEVELOPER AND LABOR ORGANIZATION THAT,
 AT  A MINIMUM, PROTECTS THE STATE'S PROPRIETARY INTERESTS BY PROHIBITING
 LABOR ORGANIZATIONS AND MEMBERS FROM ENGAGING IN PICKETING,  WORK  STOP-
 PAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFERENCE.
   6. THE OWNER OR DEVELOPER USING FUNDS FROM THE NEW YORK CLIMATE ACTION
 FUND  CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-
 NINE-QQ OF THE STATE FINANCE LAW FOR A COVERED CLIMATE RISK-RELATED  AND
 ENERGY TRANSITION PROJECT PURSUANT TO THIS SECTION SHALL:
   A.  REQUIRE THE USE OF APPRENTICESHIP AGREEMENTS AS DEFINED BY ARTICLE
 TWENTY-THREE OF THIS CHAPTER; OR FOR INDUSTRIES  WITHOUT  APPRENTICESHIP
 PROGRAMS,  REQUIRE THE USE OF WORKFORCE TRAINING, PREFERABLY IN CONJUNC-
 TION WITH A BONA FIDE LABOR ORGANIZATION; AND
   B. CONSIDER USE OF REGISTERED PRE-APPRENTICESHIP DIRECT ENTRY PROGRAMS
 FOR THE RECRUITMENT OF LOCAL AND/OR DISADVANTAGED WORKERS.
   7. FOR PURPOSES OF THIS SECTION, THE "FISCAL OFFICER" SHALL BE  DEEMED
 TO  BE THE COMMISSIONER. THE ENFORCEMENT OF ANY COVERED CLIMATE RISK-RE-
 S. 4006--C                         142                        A. 3006--C
 
 LATED AND ENERGY TRANSITION PROJECT UNDER THIS SECTION SHALL BE  SUBJECT
 TO  THE  REQUIREMENTS  OF SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWEN-
 TY-A, TWO HUNDRED TWENTY-B, TWO HUNDRED TWENTY-I,  TWO  HUNDRED  TWENTY-
 THREE,  TWO  HUNDRED  TWENTY-FOUR-B  OF  THIS  ARTICLE,  AND SECTION TWO
 HUNDRED TWENTY-SEVEN OF THIS CHAPTER AND WITHIN THE JURISDICTION OF  THE
 FISCAL  OFFICER;  PROVIDED,  HOWEVER,  NOTHING CONTAINED IN THIS SECTION
 SHALL BE DEEMED TO CONSTRUE ANY COVERED CLIMATE RISK-RELATED AND  ENERGY
 TRANSITION PROJECT AS OTHERWISE BEING CONSIDERED PUBLIC WORK PURSUANT TO
 THIS ARTICLE.
   8.  THE  FISCAL  OFFICER MAY ISSUE RULES AND REGULATIONS GOVERNING THE
 PROVISIONS OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE  GROUNDS
 FOR  DETERMINATIONS  AND ORDERS PURSUANT TO SECTION TWO HUNDRED TWENTY-B
 OF THIS ARTICLE.
   9. FOR ANY BUILDING SERVICE WORK ON A COVERED CLIMATE RISK-RELATED AND
 ENERGY TRANSITION PROJECT, PREVAILING WAGE SHALL BE PAID CONSISTENT WITH
 ARTICLE NINE OF THIS CHAPTER.
   10. ANY PUBLIC ENTITY RECEIVING AT LEAST FIVE MILLION DOLLARS IN FUNDS
 FROM THE NEW YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT  ESTAB-
 LISHED PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW FOR A
 PROJECT  WHICH  INVOLVES  THE  CONSTRUCTION, RECONSTRUCTION, ALTERATION,
 MAINTENANCE,  MOVING,  DEMOLITION,  EXCAVATION,  DEVELOPMENT  OR   OTHER
 IMPROVEMENT  OF  ANY  BUILDING,  STRUCTURE  OR LAND, SHALL BE SUBJECT TO
 SECTION TWO HUNDRED TWENTY-TWO OF THIS ARTICLE.
   § 4. The labor law is amended by adding a new section 21-f to read  as
 follows:
   § 21-F. JOB TRANSITION PLAN FOR CERTAIN CLIMATE RISK-RELATED AND ENER-
 GY  TRANSITION PROJECTS. 1. THE COMMISSIONER, IN CONSULTATION WITH LABOR
 ORGANIZATIONS, SHALL DEVELOP A COMPREHENSIVE PLAN TO TRANSITION,  TRAIN,
 OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY CLIMATE RISK-RELATED AND ENER-
 GY  TRANSITION  PROJECTS  FUNDED  FROM  THE NEW YORK CLIMATE ACTION FUND
 CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION  NINETY-NINE-
 QQ  OF THE STATE FINANCE LAW. THIS PLAN SHALL INCLUDE A METHOD OF ALLOW-
 ING DISPLACED AND TRANSITIONING WORKERS, INCLUDING AFFECTED LABOR ORGAN-
 IZATIONS, TO NOTIFY THE COMMISSIONER OF THE LOSS  OF  EMPLOYMENT,  THEIR
 PREVIOUS TITLE, AND PREVIOUS WAGE RATES INCLUDING WHETHER THEY PREVIOUS-
 LY  RECEIVED  MEDICAL  BENEFITS, RETIREMENT BENEFITS, AND/OR OTHER BENE-
 FITS. THE PLAN SHALL REQUIRE EMPLOYERS TO  NOTIFY  THE  COMMISSIONER  OF
 WORKERS  LAID  OFF  OR DISCHARGED DUE TO CLIMATE RISK-RELATED AND ENERGY
 TRANSITION PROJECTS FUNDED FROM THE NEW YORK CLIMATE ACTION FUND CLIMATE
 INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-NINE-QQ OF THE
 STATE FINANCE LAW.
   2. FUNDING SHALL BE MADE AVAILABLE FOR WORKER TRANSITION AND  RETRAIN-
 ING,  WHICH SHALL INCLUDE FUNDING AS PROVIDED BY SUBDIVISION TWENTY-SEV-
 EN-D OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW.
   3. THE COMMISSIONER SHALL CREATE A PROGRAM PURSUANT  TO  WHICH,  WHERE
 APPLICABLE  AND  FEASIBLE,  NEWLY  CREATED  JOB  OPPORTUNITIES  SHALL BE
 OFFERED TO A POOL OF TRANSITIONING WORKERS WHO HAVE LOST  THEIR  EMPLOY-
 MENT  OR  WILL  BE  LOSING  THEIR EMPLOYMENT IN THE ENERGY SECTOR DUE TO
 CLIMATE RISK-RELATED AND ENERGY TRANSITION PROJECTS FUNDED FROM THE  NEW
 YORK CLIMATE ACTION FUND CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT
 TO  SECTION  NINETY-NINE-QQ OF THE STATE FINANCE LAW. SUCH PROGRAM SHALL
 INCLUDE A METHOD FOR THE COMMISSIONER TO COMMUNICATE NAMES  AND  CONTACT
 INFORMATION  FOR  DISPLACED  OR TRANSITIONING WORKERS TO PUBLIC ENTITIES
 THAT MAY HAVE JOB OPPORTUNITIES FOR SUCH WORKERS EVERY NINETY DAYS.
   § 5. Notwithstanding any provision of law to the contrary, all  rights
 or   benefits,   including  terms  and  conditions  of  employment,  and
 S. 4006--C                         143                        A. 3006--C
 
 protection of civil service and  collective  bargaining  status  of  all
 existing public employees and the work jurisdiction, covered job titles,
 and  work assignments, set forth in the civil service law and collective
 bargaining  agreements  with  labor  organizations  representing  public
 employees shall be preserved and  protected.  Nothing  in  this  section
 shall  result  in the: (i) displacement of any currently employed worker
 or loss of position (including partial displacement as such a  reduction
 in  the  hours  of  non-overtime work, wages, or employment benefits) or
 result in the impairment of existing collective  bargaining  agreements;
 (ii)  transfer  of  existing duties and functions related to maintenance
 and operations currently performed by existing employees  of  authorized
 entities to a contracting entity; or (iii) transfer of future duties and
 functions  ordinarily performed by employees of authorized entities to a
 contracting entity.
   § 6. The public service law is amended by adding a new section 66-v to
 read as follows:
   § 66-V. REQUIREMENTS FOR CERTAIN CLIMATE RISK-RELATED AND ENERGY TRAN-
 SITION PROJECTS. 1. EACH CONTRACT USING FUNDS FROM THE NEW YORK  CLIMATE
 ACTION  FUND  CLIMATE INVESTMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION
 NINETY-NINE-QQ OF THE STATE FINANCE LAW FOR A COVERED  CLIMATE  RISK-RE-
 LATED  AND  ENERGY TRANSITION PROJECT SHALL CONTAIN A PROVISION THAT THE
 IRON AND STEEL USED OR SUPPLIED IN THE PERFORMANCE OF  THE  CONTRACT  OR
 ANY  SUBCONTRACT  THERETO  AND THAT IS PERMANENTLY INCORPORATED INTO THE
 PROJECT, SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART  IN  THE
 UNITED STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF AN IRON OR
 STEEL  PRODUCT,  ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED STATES,
 ITS TERRITORIES OR POSSESSIONS, FROM THE INITIAL MELTING  STAGE  THROUGH
 THE  APPLICATION  OF  COATINGS, EXCEPT METALLURGICAL PROCESSES INVOLVING
 THE REFINEMENT OF STEEL ADDITIVES. FOR THE PURPOSES OF THIS SUBDIVISION,
 "PERMANENTLY INCORPORATED" SHALL MEAN AN IRON OR STEEL PRODUCT  THAT  IS
 REQUIRED  TO  REMAIN  IN  PLACE AT THE END OF THE PROJECT CONTRACT, IN A
 FIXED LOCATION, AFFIXED TO THE PROJECT TO  WHICH  IT  WAS  INCORPORATED.
 IRON  AND  STEEL  PRODUCTS  THAT  ARE  CAPABLE  OF  BEING MOVED FROM ONE
 LOCATION TO ANOTHER SHALL NOT BE CONSIDERED PERMANENTLY INCORPORATED.
   2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
 IF  THE  HEAD  OF  THE PUBLIC ENTITY PROVIDING FUNDS, IN HIS OR HER SOLE
 DISCRETION, DETERMINES THAT THE PROVISIONS WOULD NOT BE  IN  THE  PUBLIC
 INTEREST,  WOULD  RESULT  IN  UNREASONABLE COSTS, OR THAT OBTAINING SUCH
 STEEL OR IRON IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS WOULD
 INCREASE THE COST OF THE CONTRACT BY AN  UNREASONABLE  AMOUNT,  OR  SUCH
 IRON  OR  STEEL,  INCLUDING WITHOUT LIMITATION IRON AND STEEL, CANNOT BE
 PRODUCED OR MADE IN THE UNITED STATES ITS TERRITORIES OR POSSESSIONS  IN
 SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF SATISFACTORY QUAL-
 ITY.
   3.  THE  HEAD  OF THE PUBLIC ENTITY PROVIDING FUNDS GENERATED FROM THE
 NEW YORK CLIMATE ACTION  FUND  CLIMATE  INVESTMENT  ACCOUNT  ESTABLISHED
 PURSUANT  TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW MAY, IN HIS
 OR HER SOLE DISCRETION, PROVIDE FOR IN A REQUEST FOR  PROPOSAL,  INVITA-
 TION  FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD PROVIDED
 FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM OFFERORS INTEND-
 ING TO RESULT IN A CONTRACT IN SUPPORT OF A PROJECT, A COMPETITIVE PROC-
 ESS IN WHICH THE EVALUATION OF COMPETING BIDS GIVES SIGNIFICANT  CONSID-
 ERATION  IN  THE  EVALUATION PROCESS TO THE PROCUREMENT OF EQUIPMENT AND
 SUPPLIES FROM BUSINESSES LOCATED IN NEW YORK STATE.
   § 7. This act shall take effect immediately.
 S. 4006--C                         144                        A. 3006--C
 
                                  PART UU
 
   Section 1. The Legislature hereby finds and declares that the Marijua-
 na  Regulation  and  Taxation  Act (MRTA) envisioned the creation of new
 legal industries in which cannabis is regulated, controlled  and  taxed,
 and  the  generation  of  new  revenue  streams  that enable substantial
 investments  into communities and for the people most impacted by canna-
 bis criminalization.   The Legislature  further  finds  that  additional
 regulations to curb illegal cannabis retail establishments are necessary
 to  fully  effectuate the MRTA and ensure that the goals of the MRTA are
 achieved.
   § 2. Subdivisions (a) and (g) of section 492 of the tax law, as  added
 by chapter 92 of the laws of 2021, are amended and a new subdivision (l)
 is added to read as follows:
   (a) "Adult-use cannabis product" [or "adult-use cannabis" has the same
 meaning  as  the  term  is defined in section three of the cannabis law]
 MEANS CANNABIS, CONCENTRATED CANNABIS, AND CANNABIS-INFUSED PRODUCTS, AS
 REFLECTED ON THE PRODUCT LABEL, WHETHER OR NOT SUCH  ADULT-USE  CANNABIS
 PRODUCT  IS FOR USE BY A CANNABIS CONSUMER AS SUCH A CONSUMER IS DEFINED
 IN SUBDIVISION SIX OF SECTION THREE OF THE CANNABIS LAW. For purposes of
 this article, under no circumstances shall  adult-use  cannabis  product
 include  medical  cannabis  or  cannabinoid  hemp  product as defined in
 section three of the cannabis law.
   (g) "Illicit cannabis" means and includes  [cannabis  flower,  concen-
 trated  cannabis, cannabis edible product and cannabis plant] ANY ADULT-
 USE CANNABIS  PRODUCT,  INCLUDING  CONCENTRATED  CANNABIS  AND  CANNABIS
 EDIBLE  PRODUCTS  on which any tax required to have been paid under this
 chapter has not been paid. Illicit cannabis shall not include any canna-
 bis lawfully possessed in accordance with the cannabis law or penal law.
   (L) "POSSESSION FOR SALE" OR "POSSESSED FOR SALE" MEANS POSSESSION  OF
 MORE  THAN  FIVE  POUNDS OF ADULT-USE CANNABIS PRODUCTS, OR ONE POUND OF
 CONCENTRATED CANNABIS PRODUCTS OR CANNABIS EDIBLE PRODUCTS, AT  A  BUSI-
 NESS  OR  OTHER  LOCATION  USED FOR THE STORAGE, DISTRIBUTION OR SALE OF
 SUCH CANNABIS PRODUCTS WITH THE INTENT THAT SUCH  PRODUCTS  BE  SOLD  AT
 RETAIL.   POSSESSION SHALL BE PRESUMED TO BE FOR SALE WHEN THE ADULT-USE
 CANNABIS PRODUCTS ARE POSSESSED IN ANY PLACE OF BUSINESS  USED  FOR  THE
 BUYING AND SELLING OF SUCH ADULT-USE CANNABIS PRODUCTS. POSSESSION SHALL
 NOT  BE PRESUMED TO BE FOR SALE WHEN THE ADULT-USE CANNABIS PRODUCTS ARE
 POSSESSED IN A RESIDENCE OR OTHER REAL PROPERTY, OR ANY PERSONAL VEHICLE
 ON OR ABOUT SUCH PROPERTY, NOT BEING USED AS A BUSINESS FOR  THE  BUYING
 AND SELLING OF SUCH ADULT-USE CANNABIS PRODUCTS.
   § 3. Section 494 of the tax law, as added by chapter 92 of the laws of
 2021, is amended to read as follows:
   §  494.  Registration  and renewal. (a) [(i)] (1) Every distributor on
 whom tax is imposed under  this  article  and  every  person  who  sells
 adult-use  cannabis products at retail must file with the commissioner a
 properly completed application for a  certificate  of  registration  AND
 OBTAIN  SUCH CERTIFICATE before engaging in business, PROVIDED, HOWEVER,
 THIS SECTION SHALL NOT APPLY TO  A  NATURAL  PERSON  ENGAGED  IN  LAWFUL
 ACTIVITY  PERTAINING TO PERSONAL USE OR PERSONAL CULTIVATION PURSUANT TO
 ARTICLE TWO HUNDRED TWENTY-TWO OF THE PENAL LAW. An  application  for  a
 certificate  of registration must be submitted electronically, on a form
 prescribed by the commissioner, and must be accompanied by a non-refund-
 able application fee of six hundred dollars. A certificate of  registra-
 tion  shall  not  be  assignable  or transferable and shall be destroyed
 S. 4006--C                         145                        A. 3006--C
 
 immediately upon such person ceasing to do business as specified in such
 certificate, or in the event that such business never commenced.
   [(ii)]  (2)  Provided,  however, that the commissioner shall refund or
 credit an application fee paid with respect to the  registration  of  an
 adult-use  cannabis business in this state if, prior to the beginning of
 the period with respect to which such registration relates, the  certif-
 icate  of  registration described in [subparagraph (i)] PARAGRAPH ONE of
 this [paragraph] SUBDIVISION is returned to the department or,  if  such
 certificate  has been destroyed, the operator of such business satisfac-
 torily accounts to the commissioner for  the  missing  certificate,  but
 such  business  may  not  sell adult-use cannabis products in this state
 during such period, unless it is re-registered. Such  refund  or  credit
 shall  be  deemed  a  refund of tax paid in error, provided, however, no
 interest shall be allowed or paid on any such refund.
   (b) (1) The commissioner shall refuse to issue a certificate of regis-
 tration to any applicant and shall revoke the certificate  of  registra-
 tion  of  any  such person who does not possess a valid license from the
 office of cannabis management.
   (2) The commissioner may refuse to issue a certificate of registration
 to any applicant where such applicant:
   (i) has a past-due liability as that term is defined  in  section  one
 hundred seventy-one-v of this chapter;
   (ii)  has  had  a  certificate  of  registration under this article, a
 license from the office of cannabis management, or any license or regis-
 tration provided for in this chapter revoked  or  suspended  where  such
 revocation  or  suspension was in effect on the date the application was
 filed or ended within one year from the date on which  such  application
 was filed;
   (iii) has been convicted of a crime provided for in this chapter with-
 in  one  year  from  the date on which such application was filed or the
 certificate was issued, as applicable;
   (iv) willfully fails to file a report or return required by this arti-
 cle;
   (v) willfully files, causes to be filed, gives or causes to be given a
 report, return, certificate or affidavit required by this article  which
 is false; [or]
   (vi)  willfully fails to collect or truthfully account for or pay over
 any tax imposed by this article[.];
   (VII) HAS BEEN DETERMINED TO HAVE POSSESSED  ILLICIT  CANNABIS  WITHIN
 ONE YEAR FROM THE DATE ON WHICH SUCH APPLICATION WAS FILED;
   (VIII)  IS  A  DISTRIBUTOR  THAT HAS BEEN DETERMINED TO HAVE KNOWINGLY
 SOLD ADULT-USE CANNABIS PRODUCTS  TO  ANY  PERSON  WHO  SELLS  ADULT-USE
 CANNABIS  PRODUCTS  AT  RETAIL  AND  WHO  IS  NOT  REGISTERED UNDER THIS
 SECTION, OR WHOSE REGISTRATION HAS BEEN SUSPENDED OR REVOKED; OR
   (IX) HAS A PLACE OF BUSINESS  AT  THE  SAME  PREMISES  AS  THAT  OF  A
 DISTRIBUTOR  UPON  WHOM TAX IS IMPOSED UNDER THIS ARTICLE, OR PERSON WHO
 SELLS ADULT-USE CANNABIS PRODUCTS AT RETAIL, WHOSE REGISTRATION HAS BEEN
 REVOKED AND WHERE SUCH REVOCATION IS STILL IN EFFECT, UNLESS THE  APPLI-
 CANT PROVIDES THE COMMISSIONER WITH ADEQUATE DOCUMENTATION DEMONSTRATING
 THAT  SUCH  APPLICANT ACQUIRED THE PREMISES OR BUSINESS THROUGH AN ARM'S
 LENGTH TRANSACTION AS DEFINED IN PARAGRAPH (E)  OF  SUBDIVISION  ONE  OF
 SECTION FOUR HUNDRED EIGHTY-A OF THIS CHAPTER AND THAT THE SALE OR LEASE
 WAS  NOT  CONDUCTED,  IN WHOLE OR IN PART, FOR THE PURPOSE OF PERMITTING
 THE ORIGINAL REGISTRANT TO AVOID THE EFFECT OF THE  PREVIOUS  REVOCATION
 FOR THE SAME PREMISES.
 S. 4006--C                         146                        A. 3006--C
 
   (3) THE COMMISSIONER MAY REVOKE THE CERTIFICATE OF REGISTRATION ISSUED
 TO ANY PERSON WHO:
   (I)  HAS  HAD ANY LICENSE OR REGISTRATION PROVIDED FOR IN THIS CHAPTER
 REVOKED OR SUSPENDED;
   (II) HAS BEEN CONVICTED OF A CRIME PROVIDED FOR IN THIS CHAPTER  WHERE
 SUCH  CONVICTION  OCCURRED  NOT  MORE THAN ONE YEAR PRIOR TO THE DATE OF
 REVOCATION;
   (III) WILLFULLY FAILS TO FILE A REPORT  OR  RETURN  REQUIRED  BY  THIS
 ARTICLE;
   (IV)  WILLFULLY FILES, CAUSES TO BE FILED, GIVES OR CAUSES TO BE GIVEN
 A REPORT, RETURN, CERTIFICATE OR  AFFIDAVIT  REQUIRED  BY  THIS  ARTICLE
 WHICH IS FALSE;
   (V)  WILLFULLY  FAILS TO COLLECT OR TRUTHFULLY ACCOUNT FOR OR PAY OVER
 ANY TAX IMPOSED BY THIS ARTICLE; OR
   (VI) IS A DISTRIBUTOR THAT HAS BEEN DETERMINED TO HAVE KNOWINGLY  SOLD
 ADULT-USE  CANNABIS  PRODUCTS TO ANY PERSON WHO SELLS ADULT-USE CANNABIS
 PRODUCTS AT RETAIL AND WHO IS NOT  REGISTERED  UNDER  THIS  SECTION,  OR
 WHOSE REGISTRATION HAS BEEN SUSPENDED OR REVOKED.
   [(2)]  (4) In addition to the grounds for revocation in [paragraph (1)
 of] this subdivision, where a person who holds a certificate  of  regis-
 tration is determined to have possessed or sold illicit cannabis:
   (1)  such  registration  may  be revoked (I) for a period of up to one
 year for the first such possession or sale BY SUCH PERSON;
   [(2)] (II) FOR A PERIOD OF  UP  TO  THREE  YEARS  for  a  second  such
 possession  or  sale  within a period of five years by such person[, the
 registration of such person may be revoked for a period of up  to  three
 years]; AND
   [(3)]  (III)  FOR  A  PERIOD  OF  UP  TO  FIVE  YEARS for a third such
 possession or sale within a  period  of  [up  to]  five  years  by  such
 person[,  the registration of such person may be revoked for a period of
 five years]. A certificate of registration may be  revoked  pursuant  to
 this  paragraph immediately upon such person's receipt of written notice
 of revocation from the commissioner.
   A PERSON WHO IS NOTIFIED OF  A  REVOCATION  OF  THEIR  CERTIFICATE  OF
 REGISTRATION PURSUANT TO THIS PARAGRAPH SHALL HAVE THE RIGHT TO HAVE THE
 REVOCATION  REVIEWED BY THE COMMISSIONER OR THEIR DESIGNEE BY CONTACTING
 THE DEPARTMENT AT A TELEPHONE NUMBER OR AN ADDRESS TO  BE  DISCLOSED  IN
 THE  NOTICE  OF  REVOCATION  WITHIN TEN DAYS OF SUCH PERSON'S RECEIPT OF
 SUCH NOTIFICATION. SUCH PERSON MAY PRESENT WRITTEN EVIDENCE OR  ARGUMENT
 IN  SUPPORT OF THEIR DEFENSE TO THE REVOCATION OR MAY APPEAR AT A SCHED-
 ULED CONFERENCE WITH THE COMMISSIONER OR THEIR DESIGNEE TO PRESENT  ORAL
 ARGUMENTS  AND WRITTEN AND ORAL EVIDENCE IN SUPPORT OF SUCH DEFENSE. THE
 COMMISSIONER OR THEIR DESIGNEE IS AUTHORIZED TO DELAY THE EFFECTIVE DATE
 OF THE REVOCATION TO ENABLE SUCH PERSON TO PRESENT FURTHER  EVIDENCE  OR
 ARGUMENTS  IN  CONNECTION WITH THE REVOCATION. THE COMMISSIONER OR THEIR
 DESIGNEE SHALL CANCEL THE REVOCATION OF THE CERTIFICATE OF  REGISTRATION
 IF  THE  COMMISSIONER OR THEIR DESIGNEE IS NOT SATISFIED BY A PREPONDER-
 ANCE OF THE EVIDENCE THAT A BASIS FOR REVOCATION PURSUANT TO THIS  PARA-
 GRAPH  EXISTS.  AN  ORDER OF REVOCATION OF A CERTIFICATE OF REGISTRATION
 UNDER THIS PARAGRAPH SHALL NOT BE REVIEWABLE  BY  THE  DIVISION  OF  TAX
 APPEALS  BUT  MAY  BE  REVIEWED PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE
 CIVIL PRACTICE LAW AND RULES BY A PROCEEDING COMMENCED  IN  THE  SUPREME
 COURT WITHIN FOUR MONTHS OF THE REVOCATION PETITIONING THAT THE ORDER OF
 REVOCATION BE ENJOINED OR SET ASIDE. SUCH PROCEEDING SHALL BE INSTITUTED
 IN  THE  COUNTY  WHERE THE COMMISSIONER HAS THEIR PRINCIPAL OFFICE. UPON
 THE FILING OF SUCH PETITION THE COURT SHALL  HAVE  JURISDICTION  TO  SET
 S. 4006--C                         147                        A. 3006--C
 
 ASIDE  SUCH  ORDER OF REVOCATION, IN WHOLE OR IN PART, OR TO DISMISS THE
 PETITION. THE JURISDICTION OF THE SUPREME COURT SHALL BE  EXCLUSIVE  AND
 ITS  ORDER  DISMISSING  THE  PETITION OR ENJOINING OR SETTING ASIDE SUCH
 ORDER,  IN  WHOLE  OR  IN PART, SHALL BE FINAL, SUBJECT TO REVIEW BY THE
 APPELLATE DIVISION OF THE SUPREME COURT AND THE COURT OF APPEALS IN  THE
 SAME  MANNER  AND  FORM  AND WITH THE SAME EFFECT AS PROVIDED BY LAW FOR
 APPEALS FROM A JUDGMENT IN A SPECIAL PROCEEDING.  ALL  SUCH  PROCEEDINGS
 SHALL BE HEARD AND DETERMINED BY THE COURT AND BY ANY APPELLATE COURT AS
 EXPEDITIOUSLY  AS  POSSIBLE  AND WITH LAWFUL PRECEDENCE OVER OTHER CIVIL
 MATTERS. ALL SUCH PROCEEDINGS FOR REVIEW SHALL BE HEARD ON THE PETITION,
 TRANSCRIPT AND OTHER PAPERS, AND ON APPEAL SHALL BE HEARD ON THE RECORD,
 WITHOUT REQUIREMENT OF PRINTING.
   (c) WHERE A PERSON THAT DOES NOT POSSESS A CERTIFICATE OF REGISTRATION
 UNDER THIS SECTION HAS BEEN DETERMINED TO HAVE  POSSESSED  OR  SOLD  ANY
 ADULT-USE CANNABIS PRODUCT OR ILLICIT CANNABIS:
   (1)  THE  COMMISSIONER MAY REVOKE A CERTIFICATE OF AUTHORITY ISSUED TO
 SUCH PERSON PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS CHAP-
 TER FOR A PLACE OF BUSINESS WHERE SUCH PERSON  HAS  BEEN  DETERMINED  TO
 HAVE  POSSESSED  FOR  SALE OR TO HAVE SOLD ADULT-USE CANNABIS PRODUCT OR
 ILLICIT CANNABIS THREE OR MORE TIMES WITHIN A PERIOD OF FIVE YEARS WITH-
 OUT A CERTIFICATE OF REGISTRATION.
   (2) THE COMMISSIONER MAY REFUSE TO ISSUE A  CERTIFICATE  OF  AUTHORITY
 UNDER  SECTION ELEVEN HUNDRED THIRTY-FOUR OF THIS CHAPTER TO A DISTRIBU-
 TOR UPON WHOM TAX IS IMPOSED UNDER THIS ARTICLE, OR A PERSON  WHO  SELLS
 ADULT-USE  CANNABIS  PRODUCTS  AT RETAIL, WHO HAS A PLACE OF BUSINESS AT
 THE SAME PREMISES AS THAT OF A PERSON WHOSE CERTIFICATE OF AUTHORITY HAS
 BEEN REVOKED PURSUANT TO PARAGRAPH ONE OF  THIS  SUBDIVISION  AND  WHERE
 SUCH  REVOCATION  IS  STILL IN EFFECT, UNLESS THE APPLICANT PROVIDES THE
 COMMISSIONER WITH ADEQUATE DOCUMENTATION DEMONSTRATING THAT SUCH  APPLI-
 CANT  ACQUIRED  THE  PREMISES OR BUSINESS THROUGH AN ARM'S LENGTH TRANS-
 ACTION AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE  OF  SECTION  FOUR
 HUNDRED  EIGHTY-A  OF  THIS  CHAPTER  AND THAT THE SALE OR LEASE WAS NOT
 CONDUCTED, IN WHOLE OR IN  PART,  FOR  THE  PURPOSE  OF  PERMITTING  THE
 ORIGINAL  REGISTRANT  TO AVOID THE EFFECT OF THE PREVIOUS REVOCATION FOR
 THE SAME PREMISES.
   (D) A certificate of registration shall be valid for the period speci-
 fied thereon, unless earlier suspended or revoked. Upon  the  expiration
 of  the  term  stated on a certificate of registration, such certificate
 shall be null and void.
   [(d)] (E) Every holder of a certificate of  registration  must  notify
 the  commissioner  of  changes  to  any of the information stated on the
 certificate, or of changes to any information contained in the  applica-
 tion for the certificate of registration. Such notification must be made
 on or before the last day of the month in which a change occurs and must
 be made electronically on a form prescribed by the commissioner.
   [(e)]  (F)  Every  holder  of a certificate of registration under this
 article shall be required to reapply prior to such certificate's expira-
 tion, during a reapplication period  established  by  the  commissioner.
 Such reapplication period shall not occur more frequently than every two
 years.  Such reapplication shall be subject to the same requirements and
 conditions as an initial application, including grounds for refusal  and
 the payment of the application fee.
   [(f)] (G) Any person who is required to obtain a certificate of regis-
 tration  under  subdivision  (a) of this section who possesses adult-use
 cannabis products without such certificate shall be subject to a penalty
 of [five hundred dollars for each month or  part  thereof  during  which
 S. 4006--C                         148                        A. 3006--C

 adult-use  cannabis products are possessed without such certificate, not
 to exceed ten thousand dollars in the aggregate] UP  TO  SEVEN  THOUSAND
 FIVE  HUNDRED  DOLLARS  FOR A FIRST VIOLATION AND UP TO FIFTEEN THOUSAND
 DOLLARS  FOR A SECOND OR SUBSEQUENT VIOLATION WITHIN THREE YEARS FOLLOW-
 ING A PRIOR VIOLATION. ANY SUCH  ADULT-USE  CANNABIS  PRODUCT  SHALL  BE
 SUBJECT  TO IMMEDIATE FORFEITURE TO, AND SEIZURE BY, THE COMMISSIONER OR
 THEIR DULY AUTHORIZED REPRESENTATIVES, OR THE DULY AUTHORIZED  REPRESEN-
 TATIVES OF THE OFFICE OF CANNABIS MANAGEMENT.
   (H)  NO  DISTRIBUTOR  ON  WHOM TAX IS IMPOSED UNDER THIS ARTICLE SHALL
 SELL ANY ADULT-USE CANNABIS PRODUCT TO ANY PERSON  WHO  SELLS  ADULT-USE
 CANNABIS  PRODUCTS  AT  RETAIL  AND  WHO  IS  NOT  REGISTERED UNDER THIS
 SECTION, OR WHOSE REGISTRATION HAS BEEN SUSPENDED OR REVOKED.
   § 4. Section 496 of the tax law is amended by adding a new subdivision
 (c) to read as follows:
   (C) THE FAILURE OF ANY PERSON WHO SELLS ADULT-USE CANNABIS PRODUCTS AT
 RETAIL, EXCEPT A PERSON WHO POSSESSES A  VALID  REGISTERED  ORGANIZATION
 ADULT-USE  CULTIVATOR PROCESSOR DISTRIBUTOR RETAIL DISPENSARY LICENSE OR
 MICROBUSINESS LICENSE ISSUED BY THE OFFICE OF  CANNABIS  MANAGEMENT,  TO
 COMPLY  WITH  SUBDIVISION (A) OF THIS SECTION FOR THE ADULT-USE CANNABIS
 PRODUCTS IN SUCH PERSON'S POSSESSION SHALL BE PRESUMPTIVE EVIDENCE  THAT
 THE  TAX THEREON HAS NOT BEEN PAID, AND THAT SUCH PERSON SHALL BE LIABLE
 FOR THE TAX THEREON UNLESS EVIDENCE OF SUCH INVOICE, PAYMENT OR  ASSUMP-
 TION SHALL LATER BE PRODUCED.
   §  5. Section 496-c of the tax law, as added by chapter 92 of the laws
 of 2021, is amended to read as follows:
   § 496-c. [Illicit cannabis penalty]  ADDITIONAL  PENALTIES.    (a)  In
 addition  to  any  other civil or criminal penalties that may apply, any
 person knowingly in possession of or knowingly having control  over  ANY
 TYPE  OF illicit cannabis, as defined in section four hundred ninety-two
 of this article, after notice and an opportunity for a hearing, shall be
 liable for a civil penalty [of not less than  two  hundred  dollars  per
 ounce  of  illicit  cannabis  flower,  five dollars per milligram of the
 total weight of any illicit cannabis edible product, fifty  dollars  per
 gram  of  the  total  weight  of any product containing illicit cannabis
 concentrate, and five hundred dollars per illicit  cannabis  plant,  but
 not to exceed four hundred dollars per ounce of illicit cannabis flower,
 ten  dollars  per  milligram of the total weight of any illicit cannabis
 edible product, one hundred dollars per gram of the total weight of  any
 product  containing  illicit  cannabis  concentrate,  and  one  thousand
 dollars per illicit cannabis plant] IN AN AMOUNT UP  TO  TWO  TIMES  THE
 AMOUNT OF TAX OTHERWISE REQUIRED TO BE PAID FOR SUCH PRODUCT for a first
 violation,  and  for a second [and] OR subsequent violation within three
 years following a prior violation [shall] MAY  be  liable  for  a  civil
 penalty  [of  not  less  than  four hundred dollars per ounce of illicit
 cannabis flower, ten dollars per milligram of the total  weight  of  any
 illicit  cannabis  edible  product,  one hundred dollars per gram of the
 total weight of any product containing illicit cannabis concentrate, and
 one thousand dollars per illicit cannabis plant, but not to exceed  five
 hundred dollars per ounce of illicit cannabis flower, twenty dollars per
 milligram  of  the  total weight of any illicit cannabis edible product,
 two hundred dollars per gram of the total weight of any product contain-
 ing illicit cannabis concentrate, and two thousand dollars  per  illicit
 cannabis  plant] IN AN AMOUNT UP TO THREE TIMES THE AMOUNT OF TAX OTHER-
 WISE REQUIRED TO BE PAID FOR SUCH PRODUCT.
   (b) IN ADDITION TO ANY OTHER PENALTY AUTHORIZED BY THIS CHAPTER OR ANY
 OTHER LAW:
 S. 4006--C                         149                        A. 3006--C
 
   (1) ANY PERSON WHO KNOWINGLY POSSESSES  FOR  SALE,  AS  SUCH  TERM  IS
 DEFINED  IN  SECTION  FOUR HUNDRED NINETY-TWO OF THIS ARTICLE, MORE THAN
 FIVE POUNDS BUT LESS THAN TWELVE POUNDS OF ILLICIT CANNABIS OR MORE THAN
 ONE POUND BUT LESS THAN FOUR POUNDS OF ILLICIT CONCENTRATED CANNABIS  OR
 ILLICIT  CANNABIS  EDIBLE PRODUCT, AFTER NOTICE AND AN OPPORTUNITY FOR A
 HEARING, MAY BE LIABLE FOR A CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND
 DOLLARS FOR A FIRST VIOLATION AND MAY BE LIABLE FOR A CIVIL  PENALTY  OF
 UP TO FIFTY THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION WITHIN
 THREE YEARS FOLLOWING A PRIOR VIOLATION.
   (2)  ANY  PERSON  WHO  KNOWINGLY  POSSESSES  FOR SALE, AS SUCH TERM IS
 DEFINED IN SECTION FOUR HUNDRED NINETY-TWO OF THIS ARTICLE, OVER  TWELVE
 OR  MORE  POUNDS  OF  ILLICIT CANNABIS OR FOUR OR MORE POUNDS OF ILLICIT
 CONCENTRATED CANNABIS OR ILLICIT CANNABIS EDIBLE PRODUCT,  AFTER  NOTICE
 AND  AN  OPPORTUNITY FOR A HEARING, MAY BE LIABLE FOR A CIVIL PENALTY OF
 UP TO SEVENTY-FIVE THOUSAND DOLLARS FOR A FIRST  VIOLATION  AND  MAY  BE
 LIABLE  FOR  A CIVIL PENALTY OF UP TO ONE HUNDRED THOUSAND DOLLARS FOR A
 SECOND OR SUBSEQUENT VIOLATION WITHIN  THREE  YEARS  FOLLOWING  A  PRIOR
 VIOLATION.
   (3)  IN  ADDITION TO ANY PENALTY IMPOSED PURSUANT TO PARAGRAPHS ONE OR
 TWO OF THIS SUBDIVISION, ANY PERSON WHO KNOWINGLY POSSESSES FOR SALE, AS
 SUCH TERM IS DEFINED IN SECTION FOUR HUNDRED NINETY-TWO OF THIS ARTICLE,
 MORE THAN FIVE POUNDS OF ILLICIT CANNABIS, OR MORE  THAN  ONE  POUND  OF
 ILLICIT  CONCENTRATED  CANNABIS OR ILLICIT CANNABIS EDIBLE PRODUCT, IN A
 COMMERCIAL LOCATION, AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING,  MAY
 BE  SUBJECT  TO  AN  ADDITIONAL  CIVIL  PENALTY  OF UP TO FIFTY THOUSAND
 DOLLARS FOR A FIRST VIOLATION AND MAY BE LIABLE FOR A CIVIL  PENALTY  OF
 UP  TO ONE HUNDRED THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION
 WITHIN THREE YEARS FOLLOWING A PRIOR VIOLATION.   FOR PURPOSES  OF  THIS
 PARAGRAPH,  "COMMERCIAL  LOCATION" MEANS REAL PROPERTY OR A VEHICLE HELD
 OUT AS OPEN TO THE PUBLIC OR OTHERWISE BEING USED TO  CONDUCT  WHOLESALE
 OR  RETAIL TRANSACTIONS, INCLUDING A STORAGE AREA IN OR ADJACENT TO SUCH
 PROPERTY OR VEHICLE. SUCH TERM  SHALL  NOT  INCLUDE  A  RESIDENCE  OR  A
 PERSONALLY-OWNED VEHICLE LOCATED AT SUCH RESIDENCE.
   (C)  ANY  DISTRIBUTOR  ON  WHOM TAX IS IMPOSED UNDER THIS ARTICLE THAT
 KNOWINGLY SELLS ANY ADULT-USE CANNABIS PRODUCT TO ANY PERSON  WHO  SELLS
 AT  RETAIL  ADULT-USE  CANNABIS  PRODUCTS  WHO  IS  NOT REGISTERED UNDER
 SECTION FOUR HUNDRED NINETY-FOUR OF THIS ARTICLE, OR WHOSE  REGISTRATION
 HAS  BEEN SUSPENDED OR REVOKED, MAY, AFTER NOTICE AND AN OPPORTUNITY FOR
 A HEARING, BE LIABLE FOR A CIVIL PENALTY OF UP TO FIFTY THOUSAND DOLLARS
 FOR A FIRST VIOLATION AND UP TO  ONE  HUNDRED  THOUSAND  DOLLARS  FOR  A
 SECOND  OR  SUBSEQUENT  VIOLATION  WITHIN  THREE YEARS FOLLOWING A PRIOR
 VIOLATION.
   (D) No enforcement action taken under this section shall be  construed
 to  limit  any other criminal or civil liability of anyone in possession
 of illicit cannabis.
   [(c)] (E) The [penalty] PENALTIES imposed by this  section  shall  not
 apply to NATURAL persons lawfully in possession of [less than two ounces
 of]  adult-use  cannabis  or  [ten  grams  of] concentrated cannabis [in
 accordance with the cannabis law or  penal  law]  FOR  PERSONAL  USE  AS
 PROVIDED IN ARTICLE TWO HUNDRED TWENTY-TWO OF THE PENAL LAW.
   § 6. The tax law is amended by adding two new sections 496-d and 496-e
 to read as follows:
   §  496-D.  ENFORCEMENT.    THE COMMISSIONER OR THE COMMISSIONER'S DULY
 AUTHORIZED REPRESENTATIVES ARE HEREBY AUTHORIZED:
   (A) TO CONDUCT REGULATORY INSPECTIONS DURING NORMAL BUSINESS HOURS  OF
 ANY  PLACE  OF  BUSINESS,  INCLUDING A VEHICLE   USED FOR SUCH BUSINESS,
 S. 4006--C                         150                        A. 3006--C

 WHERE ADULT-USE CANNABIS PRODUCTS ARE DISTRIBUTED, PLACED, STORED,  SOLD
 OR  OFFERED FOR SALE.  FOR THE PURPOSES OF THIS SECTION, "PLACE OF BUSI-
 NESS" SHALL NOT INCLUDE A RESIDENCE  OR  OTHER  REAL  PROPERTY,  OR  ANY
 PERSONAL  VEHICLE ON OR ABOUT SUCH PROPERTY, NOT HELD OUT AS OPEN TO THE
 PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR  COMMERCIAL  MANNER,
 UNLESS  PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH RESIDENCE, REAL PROP-
 ERTY OR VEHICLE IS BEING USED IN SUCH A BUSINESS  OR  COMMERCIAL  MANNER
 FOR THE BUYING OR SELLING OF ADULT-USE CANNABIS PRODUCTS.
   (B)  TO EXAMINE ANY ADULT-USE CANNABIS PRODUCTS AND THE BOOKS, PAPERS,
 INVOICES AND OTHER RECORDS OF ANY PLACE OF  BUSINESS  OR  VEHICLE  WHERE
 ADULT-USE  CANNABIS  PRODUCTS  ARE  DISTRIBUTED, PLACED, STORED, SOLD OR
 OFFERED FOR SALE. ANY PERSON IN POSSESSION, CONTROL OR OCCUPANCY OF  ANY
 SUCH BUSINESS IS REQUIRED TO GIVE TO THE COMMISSIONER OR THE COMMISSION-
 ER'S  DULY  AUTHORIZED  REPRESENTATIVES OR THE DULY AUTHORIZED REPRESEN-
 TATIVES OF THE OFFICE OF CANNABIS MANAGEMENT, THE MEANS, FACILITIES, AND
 OPPORTUNITY FOR SUCH EXAMINATIONS.  FOR THE PURPOSES  OF  THIS  SECTION,
 "PLACE  OF BUSINESS" SHALL NOT INCLUDE A RESIDENCE OR OTHER REAL PROPER-
 TY, OR ANY PERSONAL VEHICLE ON OR ABOUT SUCH PROPERTY, NOT HELD  OUT  AS
 OPEN  TO THE PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR COMMER-
 CIAL MANNER, UNLESS PROBABLE CAUSE EXISTS TO  BELIEVE  THAT  SUCH  RESI-
 DENCE,  REAL  PROPERTY  OR  VEHICLE  IS BEING USED IN SUCH A BUSINESS OR
 COMMERCIAL MANNER FOR  THE  BUYING  OR  SELLING  OF  ADULT-USE  CANNABIS
 PRODUCTS.
   (C) IF ANY PERSON REGISTERED UNDER SECTION FOUR HUNDRED NINETY-FOUR OF
 THIS  ARTICLE, OR THEIR AGENTS, REFUSES TO GIVE THE COMMISSIONER, OR THE
 COMMISSIONER'S DULY AUTHORIZED REPRESENTATIVES,  THE  MEANS,  FACILITIES
 AND  OPPORTUNITY  FOR  THE INSPECTIONS AND EXAMINATIONS REQUIRED BY THIS
 SECTION, THE COMMISSIONER, AFTER NOTICE AND AN OPPORTUNITY FOR  A  HEAR-
 ING,  MAY  REVOKE  THEIR  REGISTRATION  TO  DISTRIBUTE OR SELL ADULT-USE
 CANNABIS PRODUCTS AT RETAIL:
   (I) FOR A PERIOD OF ONE YEAR FOR THE FIRST SUCH FAILURE;
   (II) FOR A PERIOD OF UP TO THREE YEARS FOR A SECOND SUCH FAILURE WITH-
 IN A PERIOD OF THREE YEARS; AND
   (III) FOR A PERIOD OF UP TO SEVEN YEARS FOR A THIRD SUCH FAILURE WITH-
 IN FIVE YEARS.
   (D) THE COMMISSIONER OR THE COMMISSIONER'S DULY  AUTHORIZED  REPRESEN-
 TATIVES  SHALL SEIZE ANY ILLICIT CANNABIS FOUND IN ANY PLACE OF BUSINESS
 OR VEHICLE WHERE ADULT-USE CANNABIS PRODUCTS  ARE  DISTRIBUTED,  PLACED,
 STORED,  SOLD  OR  OFFERED FOR SALE BY ANY PERSON WHO DOES NOT POSSESS A
 CERTIFICATE OF REGISTRATION AS DESCRIBED IN SECTION FOUR  HUNDRED  NINE-
 TY-FOUR OF THIS CHAPTER.
   (E)  ALL  ILLICIT  CANNABIS  SEIZED  PURSUANT TO THE AUTHORITY OF THIS
 CHAPTER OR ANY OTHER LAW OF THIS STATE  SHALL  BE  TURNED  OVER  TO  THE
 OFFICE  OF  CANNABIS MANAGEMENT OR THEIR AUTHORIZED REPRESENTATIVE. SUCH
 SEIZED ILLICIT CANNABIS SHALL, AFTER NOTICE AND  AN  OPPORTUNITY  FOR  A
 HEARING,  BE  FORFEITED TO THE STATE.  IF THE OFFICE OF CANNABIS MANAGE-
 MENT DETERMINES THE ILLICIT CANNABIS CANNOT BE USED FOR LAW  ENFORCEMENT
 PURPOSES,  IT MAY, WITHIN A REASONABLE TIME AFTER THE FORFEITURE OF SUCH
 ILLICIT CANNABIS, UPON PUBLICATION IN THE STATE REGISTRY,  DESTROY  SUCH
 FORFEITED ILLICIT CANNABIS.
   §  496-E.  NOTIFICATION OF ENFORCEMENT ACTIONS. THE COMMISSIONER SHALL
 NOTIFY THE CANNABIS CONTROL BOARD AND THE OFFICE OF CANNABIS  MANAGEMENT
 OF  THE COMMENCEMENT OF ANY ENFORCEMENT ACTIONS TAKEN UNDER THIS ARTICLE
 AS WELL AS  THE  CONCLUSION,  OUTCOMES,  AND  THE  AMOUNT  OF  PENALTIES
 COLLECTED AS A RESULT OF SUCH ACTIONS.
 S. 4006--C                         151                        A. 3006--C
 
   §  7.   Paragraph 8 of subdivision (a) of section 1801 of the tax law,
 as added by section 15 of subpart I of part V-1 of  chapter  57  of  the
 laws  of  2009,  is  amended  and  a new paragraph 9 is added to read as
 follows:
   (8)  issues  an  exemption certificate, interdistributor sales certif-
 icate, resale certificate, or any other document capable of evidencing a
 claim that taxes do not apply to a transaction, which he or she does not
 believe to be true and correct as to any material  matter,  which  omits
 any  material  information,  or  which is false, fraudulent, or counter-
 feit[.]; OR
   (9) (A) KNOWINGLY FAILS TO COLLECT  OR  REMIT  ANY  TAXES  IMPOSED  BY
 SECTION  FOUR  HUNDRED  NINETY-THREE  OF THIS CHAPTER ON THE SALE OF ANY
 ADULT-USE CANNABIS PRODUCT; OR (B) KNOWINGLY POSSESSES FOR SALE, AS SUCH
 TERM IS DEFINED IN SECTION FOUR HUNDRED NINETY-TWO OF THIS CHAPTER,  ANY
 SUCH  PRODUCT ON WHICH THE TAX REQUIRED TO BE PAID UNDER SUBDIVISION (A)
 OF SUCH SECTION HAS NOT BEEN PAID.
   § 8. Section 3 of the cannabis law is amended by adding two new subdi-
 visions 40-a and 46-a to read as follows:
   40-A. "PERSON" MEANS AN INDIVIDUAL, INSTITUTION, CORPORATION,  GOVERN-
 MENT  OR  GOVERNMENTAL  SUBDIVISION  OR  AGENCY, BUSINESS TRUST, ESTATE,
 TRUST, PARTNERSHIP OR ASSOCIATION, OR ANY OTHER ENTITY.
   46-A. "INDIRECT RETAIL SALE" MEANS  TO  GIVE  ANY  CANNABIS,  CANNABIS
 PRODUCT, CANNABINOID HEMP, HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED
 OR  LABELED  AS  SUCH  BY  ANY  PERSON ENGAGING IN A COMMERCIAL BUSINESS
 VENTURE OR OTHERWISE PROVIDING OR OFFERING  GOODS  OR  SERVICES  TO  THE
 GENERAL  PUBLIC  FOR  REMUNERATION FOR SUCH GOODS AND/OR SERVICES, WHERE
 ANY SUCH CANNABIS, CANNABIS PRODUCT, CANNABINOID HEMP  OR  HEMP  EXTRACT
 PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH, ACCOMPANIES (A) THE
 SALE OF ANY TANGIBLE OR INTANGIBLE PROPERTY; OR (B) THE PROVISION OF ANY
 SERVICE,  INCLUDING  BUT  NOT LIMITED TO ENTRY TO A VENUE OR EVENT, OR A
 BENEFIT OF A MEMBERSHIP TO A CLUB, ASSOCIATION, OR OTHER ORGANIZATION.
   § 9. Subdivisions 3 and 8 of  section  10  of  the  cannabis  law  are
 amended and a new subdivision 3-a is added to read as follows:
   3.  [Sole  discretion  to]  TO  revoke, cancel or suspend [for cause],
 AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, any registration,  license,
 or  permit  issued  under this chapter [and/or to impose a civil penalty
 for cause, after notice and an opportunity for a  hearing,  against  any
 holder  of  a  registration,  license, or permit issued pursuant to this
 chapter] FOR A VIOLATION OF THIS  CHAPTER  OR  ANY  REGULATION  PURSUANT
 THERETO.
   3-A.  TO  IMPOSE  OR  RECOVER A CIVIL PENALTY, AS OTHERWISE AUTHORIZED
 UNDER THIS CHAPTER, AGAINST  ANY  PERSON  FOUND  TO  HAVE  VIOLATED  ANY
 PROVISION  OF  THIS  CHAPTER, WHETHER OR NOT A REGISTRATION, LICENSE, OR
 PERMIT HAS BEEN ISSUED TO SUCH PERSON PURSUANT TO THIS CHAPTER.
   8. To [inspect or provide authorization  for  the  inspection  at  any
 time] CONDUCT REGULATORY INSPECTIONS DURING NORMAL BUSINESS HOURS of any
 [premises]  PLACE  OF  BUSINESS, INCLUDING A VEHICLE USED FOR SUCH BUSI-
 NESS, where medical cannabis, adult-use cannabis [or], CANNABIS,  CANNA-
 BIS  PRODUCT, cannabinoid hemp [and], hemp extract [is] PRODUCTS, OR ANY
 PRODUCTS MARKETED OR LABELED AS SUCH, ARE cultivated, processed, stored,
 distributed or sold BY ANY PERSON HOLDING A  REGISTRATION,  LICENSE,  OR
 PERMIT  UNDER THIS CHAPTER, OR BY ANY PERSON WHO IS ENGAGING IN ACTIVITY
 FOR WHICH A LICENSE WOULD  BE  REQUIRED  UNDER  THIS  CHAPTER.  FOR  THE
 PURPOSES  OF  THIS  SUBDIVISION, "PLACE OF BUSINESS" SHALL NOT INCLUDE A
 RESIDENCE OR OTHER REAL PROPERTY NOT OTHERWISE HELD OUT AS OPEN  TO  THE
 PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR COMMERCIAL MANNER OR
 S. 4006--C                         152                        A. 3006--C
 
 ANY  PRIVATE VEHICLE ON OR ABOUT THE SAME SUCH PROPERTY, UNLESS PROBABLE
 CAUSE EXISTS TO BELIEVE THAT SUCH RESIDENCE, REAL PROPERTY,  OR  VEHICLE
 ARE  BEING  USED  IN SUCH BUSINESS OR COMMERCIAL MANNER FOR THE ACTIVITY
 DESCRIBED HEREIN.
   §  10.  Subdivisions  3  and  5  of section 11 of the cannabis law are
 amended and three new subdivisions 13, 14 and 15 are added  to  read  as
 follows:
   3.  To  [inspect  or  provide  for  the inspection] CONDUCT REGULATORY
 INSPECTIONS DURING NORMAL BUSINESS HOURS  of  any  [premises]  PLACE  OF
 BUSINESS,  INCLUDING  A  VEHICLE USED FOR SUCH BUSINESS, where [medical]
 cannabis,  [adult-use  cannabis]  CANNABIS  PRODUCT,  CANNABINOID   hemp
 [cannabis],  HEMP  EXTRACT PRODUCTS, OR ANY PRODUCTS MARKETED OR LABELED
 AS SUCH, are CULTIVATED, PROCESSED, manufactured or  sold,  IRRESPECTIVE
 OF WHETHER A REGISTRATION, LICENSE, OR PERMIT HAS BEEN ISSUED UNDER THIS
 CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION, "PLACE OF BUSINESS" SHALL
 NOT INCLUDE A RESIDENCE OR OTHER REAL PROPERTY NOT OTHERWISE HELD OUT AS
 OPEN  TO THE PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR COMMER-
 CIAL MANNER OR ANY PRIVATE VEHICLE ON OR ABOUT THE SAME  SUCH  PROPERTY,
 UNLESS  PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH RESIDENCE, REAL PROP-
 ERTY, OR VEHICLE ARE BEING USED IN SUCH BUSINESS  OR  COMMERCIAL  MANNER
 FOR THE ACTIVITY DESCRIBED HEREIN.
   5.  To  [inspect  or  provide  for  the inspection] CONDUCT REGULATORY
 INSPECTIONS DURING NORMAL BUSINESS HOURS of any REGISTERED, licensed  or
 permitted  [premises]  PLACE  OF  BUSINESS, INCLUDING A VEHICLE USED FOR
 SUCH BUSINESS, where medical CANNABIS, adult-use [or] CANNABIS, CANNABI-
 NOID hemp [is], HEMP EXTRACT  PRODUCTS,  OR  ANY  PRODUCTS  MARKETED  OR
 LABELED AS SUCH, ARE cultivated, processed, stored, distributed or sold.
 FOR  THE  PURPOSES  OF  THIS  SUBDIVISION, "PLACE OF BUSINESS" SHALL NOT
 INCLUDE A RESIDENCE OR OTHER REAL PROPERTY NOT  OTHERWISE  HELD  OUT  AS
 OPEN  TO THE PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR COMMER-
 CIAL MANNER OR ANY PRIVATE VEHICLE ON OR ABOUT THE SAME  SUCH  PROPERTY,
 UNLESS  PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH RESIDENCE, REAL PROP-
 ERTY, OR VEHICLE ARE BEING USED IN SUCH BUSINESS  OR  COMMERCIAL  MANNER
 FOR THE ACTIVITY DESCRIBED HEREIN.
   13. TO CREATE AND MAINTAIN A PUBLICLY AVAILABLE DIRECTORY OF THE NAMES
 AND LOCATIONS OF PERSONS LICENSED OR REGISTERED PURSUANT TO THIS CHAPTER
 TO ENGAGE IN RETAIL SALES.
   14.  TO  CREATE  A  SYSTEM  WHEREBY  PERSONS  REGISTERED, LICENSED, OR
 PERMITTED UNDER THIS CHAPTER CAN CONFIRM THE REGISTRATION,  LICENSE,  OR
 PERMIT  OF  ANOTHER  PERSON FOR THE PURPOSES OF ENSURING COMPLIANCE WITH
 THIS CHAPTER.
   15. BEGINNING JANUARY FIRST, TWO  THOUSAND  TWENTY-FOUR  AND  ANNUALLY
 THEREAFTER,  REPORT  ON ENFORCEMENT ACTIONS TAKEN UNDER THIS CHAPTER AND
 THE ENFORCEMENT ACTIONS TAKEN BY THE DEPARTMENT OF TAXATION AND FINANCE,
 INCLUDING THE INFORMATION  REQUIRED  TO  BE  PROVIDED  IN  SECTION  FOUR
 HUNDRED  NINETY-SIX-E OF THE TAX LAW AND TO SUBMIT SUCH ANNUAL REPORT TO
 THE LEGISLATURE AND POST IT PUBLICLY ON ITS WEBSITE.
   § 11. Subdivisions 1, 2, 3 and 4 of section 16 of the cannabis law are
 amended and a new subdivision 6 is added to read as follows:
   1. Any person  who  violates,  disobeys  or  disregards  any  term  or
 provision  of  this chapter or of any lawful notice, order or regulation
 pursuant thereto for which a civil [or criminal] penalty is  not  other-
 wise  expressly prescribed IN THIS CHAPTER by law, [shall] MAY be liable
 to the people of the state for a civil penalty of  not  to  exceed  five
 thousand   dollars   for  [every]  EACH  such  violation  OR  SUBSEQUENT
 VIOLATION. IN ASSESSING THE CIVIL PENALTY UNDER  THIS  SUBDIVISION,  THE
 S. 4006--C                         153                        A. 3006--C
 
 BOARD  OR OFFICE, AS MAY BE APPLICABLE SHALL TAKE INTO CONSIDERATION THE
 NATURE OF SUCH VIOLATION AND SHALL ASSESS  A  PENALTY  THAT  IS  PROPOR-
 TIONATE TO THE VIOLATION.
   2.  The penalty provided for in subdivision one of this section may be
 recovered by an action OR PROCEEDING IN A COURT OF  COMPETENT  JURISDIC-
 TION brought by THE BOARD OR THE OFFICE, AS MAY BE APPLICABLE, OR BY THE
 ATTORNEY  GENERAL AT THE REQUEST OF the board [in any court of competent
 jurisdiction] OR THE OFFICE.
   3. Such civil penalty may be released or compromised by the  board  OR
 THE OFFICE, AS MAY BE APPLICABLE, before the matter has been referred to
 the  attorney  general,  and  where such matter has been referred to the
 attorney general, any such penalty may be released  or  compromised  and
 any  action  OR  PROCEEDING commenced to recover the same may be settled
 and discontinued by the attorney general with the consent of the board.
   4. It shall be the duty of the attorney general upon  the  request  of
 the  board  OR  OFFICE, AS MAY BE APPLICABLE, to bring an action [for an
 injunction] OR PROCEEDING against any person who violates,  disobeys  or
 disregards  any  term  or  provision  of  this  chapter or of any lawful
 notice, order or regulation pursuant thereto FOR ANY  RELIEF  AUTHORIZED
 UNDER THIS CHAPTER, INCLUDING EQUITABLE AND/OR INJUNCTIVE RELIEF AND THE
 RECOVERY OF CIVIL PENALTIES; provided, however, that the BOARD OR execu-
 tive  director  shall  furnish  the attorney general with such material,
 evidentiary matter or proof as may be requested by the attorney  general
 for the prosecution of such an action OR PROCEEDING.
   6.  THE  BOARD  OR THE OFFICE, AS MAY BE APPLICABLE, SHALL FORWARD ANY
 FINAL FINDINGS OF A VIOLATION UNDER THIS CHAPTER TO ANY OTHER  STATEWIDE
 LICENSING  AGENCY  WHERE  SUCH  FINDINGS WERE ENTERED AGAINST A BUSINESS
 HOLDING ANY OTHER SUCH LICENSE, FOR ANY SUCH OTHER LICENSING  AGENCY  TO
 REVIEW  THE  FINDINGS  TO DETERMINE IF THERE HAS BEEN A VIOLATION OF ANY
 SUCH LICENSE ISSUED BY SUCH AGENCY.
   § 12. The cannabis law is amended by adding a new section 16-a to read
 as follows:
   § 16-A. EMERGENCY RELIEF. FOLLOWING SERVICE OF A NOTICE  OF  VIOLATION
 AND  ORDER  REQUIRING  IMMEDIATE  CESSATION OF UNLICENSED ACTIVITY UNDER
 THIS CHAPTER, THE OFFICE OF CANNABIS MANAGEMENT, OR THE ATTORNEY  GENER-
 AL, AT THE REQUEST OF AND ON BEHALF OF THE OFFICE MAY BRING AND MAINTAIN
 A  CIVIL  PROCEEDING  IN  THE  SUPREME  COURT OF THE COUNTY IN WHICH THE
 BUILDING OR PREMISES IS LOCATED TO PERMANENTLY  ENJOIN  SUCH  UNLICENSED
 ACTIVITY  WHEN  CONDUCTED,  MAINTAINED, OR PERMITTED IN SUCH BUILDING OR
 PREMISES, OCCUPIED AS A PLACE OF BUSINESS AS  DESCRIBED  IN  SUBDIVISION
 EIGHT OF SECTION TEN OF THIS CHAPTER, IN VIOLATION OF SUBDIVISION ONE OR
 ONE-A  OF SECTION ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER OR SUBDIVISION
 EIGHT OF SECTION ONE HUNDRED THIRTY-TWO OF  THIS  CHAPTER,  WHICH  SHALL
 CONSTITUTE  AN  UNLICENSED ACTIVITY THAT PRESENTS A DANGER TO THE PUBLIC
 HEALTH, SAFETY, AND WELFARE, AND SHALL ALSO ENJOIN THE PERSON OR PERSONS
 CONDUCTING OR MAINTAINING SUCH UNLICENSED ACTIVITY, IN  ACCORDANCE  WITH
 THE FOLLOWING PROCEDURES:
   1.  PROCEEDING FOR PERMANENT INJUNCTION.  (A) TO THE EXTENT KNOWN, THE
 OWNER,  LESSOR,  AND  LESSEE OF A BUILDING OR PREMISES WHEREIN THE UNLI-
 CENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR  PERMITTED  SHALL  BE
 MADE DEFENDANTS IN THE PROCEEDING. THE VENUE OF SUCH PROCEEDING SHALL BE
 IN  THE  COUNTY  WHERE THE UNLICENSED ACTIVITY IS BEING CONDUCTED, MAIN-
 TAINED, OR PERMITTED. THE EXISTENCE OF AN ADEQUATE REMEDY AT  LAW  SHALL
 NOT  PREVENT  THE  GRANTING OF TEMPORARY OR PERMANENT RELIEF PURSUANT TO
 THIS SECTION.
 S. 4006--C                         154                        A. 3006--C
 
   (B) THE PROCEEDING SHALL NAME AS DEFENDANTS THE BUILDING  OR  PREMISES
 WHEREIN  THE  UNLICENSED  ACTIVITY  IS  BEING  CONDUCTED, MAINTAINED, OR
 PERMITTED, BY DESCRIBING IT BY TAX LOT AND STREET ADDRESS AND  AT  LEAST
 ONE OF THE OWNERS OF SOME PART OF OR INTEREST IN THE PROPERTY.
   (C)  IN  REM JURISDICTION SHALL BE COMPLETE OVER THE BUILDING OR PREM-
 ISES WHEREIN THE UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED,  OR
 PERMITTED BY AFFIXING THE NOTICE OF PETITION TO THE DOOR OF THE BUILDING
 OR PREMISES AND BY MAILING THE NOTICE OF PETITION BY CERTIFIED OR REGIS-
 TERED  MAIL, RETURN RECEIPT REQUESTED, TO ONE OF THE OWNERS OF SOME PART
 OF OR INTEREST IN THE PROPERTY. PROOF OF SERVICE SHALL BE  FILED  WITHIN
 TWO DAYS THEREAFTER WITH THE CLERK OF THE COURT DESIGNATED IN THE NOTICE
 OF  PETITION.    IN  ANY  COUNTY WHERE E-FILING IS UNAVAILABLE, PROOF OF
 SERVICE MAY BE MAILED TO THE CLERK. SERVICE SHALL BE COMPLETE UPON  SUCH
 FILING OR MAILING.
   (D)  DEFENDANTS, OTHER THAN THE BUILDING OR PREMISES WHEREIN THE UNLI-
 CENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMITTED,  SHALL  BE
 SERVED WITH THE NOTICE OF PETITION AS PROVIDED IN THE CIVIL PRACTICE LAW
 AND  RULES OR PURSUANT TO COURT ORDER. NO MORE THAN THIRTY DAYS PRIOR TO
 SUCH SERVICE, THE OFFICE SHALL MAIL A COPY, BY CERTIFIED  MAIL,  OF  ANY
 PRIOR  NOTICE OF VIOLATION OR LETTER OR ORDER TO CEASE AND DESIST RELAT-
 ING TO THE UNLICENSED ACTIVITY AT THE BUILDING OR PREMISES TO THE PERSON
 IN WHOSE NAME THE REAL ESTATE AFFECTED BY THE PROCEEDING IS RECORDED  IN
 THE OFFICE OF THE CITY REGISTER OR THE COUNTY CLERK, AS THE CASE MAY BE,
 WHO  SHALL  BE  PRESUMED  TO  BE  THE  OWNER THEREOF. SUCH MAILING SHALL
 CONSTITUTE NOTICE TO THE OWNER AND SHALL BE DEEMED TO BE  COMPLETE  UPON
 SUCH  MAILING BY THE OFFICE AS PROVIDED ABOVE. NO MORE THAN FIFTEEN DAYS
 PRIOR TO SUCH SERVICE, THE OFFICE,  OR  THE  ATTORNEY  GENERAL,  AT  THE
 REQUEST  OF  AND  ON  BEHALF OF THE OFFICE OF CANNABIS MANAGEMENT, SHALL
 VERIFY THE ONGOING OCCUPANCY OF ANY NATURAL PERSON WHO IS  A  TENANT  OF
 RECORD  AND  ALLEGED TO HAVE CAUSED OR PERMITTED THE UNLICENSED ACTIVITY
 IN THE BUILDING OR PREMISES WHEREIN THE UNLICENSED ACTIVITY  IS  ALLEGED
 TO  HAVE  BEEN  CONDUCTED, MAINTAINED, OR PERMITTED. IF AT ANY TIME SUCH
 DEFENDANTS VACATE SUCH BUILDING OR PREMISES, ANY  ACTION  OR  PROCEEDING
 FILED  IN  ACCORDANCE WITH THESE PROCEDURES RELATING TO SUCH BUILDING OR
 PREMISES SHALL BE WITHDRAWN.
   (E) WITH RESPECT TO ANY PROCEEDING COMMENCED OR TO BE COMMENCED PURSU-
 ANT TO THIS SECTION BY THE OFFICE OF CANNABIS MANAGEMENT OR THE ATTORNEY
 GENERAL, AT THE REQUEST OF AND ON BEHALF  OF  THE  OFFICE,  MAY  FILE  A
 NOTICE  OF  PENDENCY PURSUANT TO THE PROVISIONS OF ARTICLE SIXTY-FIVE OF
 THE CIVIL PRACTICE LAW AND RULES.
   (F) THE PERSON IN WHOSE NAME THE REAL ESTATE AFFECTED BY THE  PROCEED-
 ING  IS RECORDED IN THE OFFICE OF THE CITY REGISTER OR THE COUNTY CLERK,
 AS THE CASE MAY BE, SHALL BE PRESUMED TO BE THE  OWNER  THEREOF.    UPON
 BEING  SERVED  IN  A PROCEEDING UNDER THIS SECTION, SUCH OWNER SHALL, TO
 THE EXTENT KNOWN, PROVIDE TO THE OFFICE OF CANNABIS  MANAGEMENT,  WITHIN
 THREE  DAYS,  THE  NAMES OF ANY OTHER OWNERS, LESSORS AND LESSEES OF THE
 BUILDING OR PREMISES THAT IS THE SUBJECT OF THE PROCEEDING.  THEREAFTER,
 SUCH OWNERS, LESSORS AND LESSEES MAY BE MADE PARTIES TO THE PROCEEDING.
   (G) WHENEVER THERE IS EVIDENCE THAT A PERSON WAS THE  MANAGER,  OPERA-
 TOR,  SUPERVISOR OR, IN ANY OTHER WAY, IN CHARGE OF THE PREMISES, AT THE
 TIME THE UNLICENSED ACTIVITY WAS BEING CONDUCTED, MAINTAINED, OR PERMIT-
 TED, SUCH EVIDENCE SHALL BE PRESUMPTIVE THAT HE OR SHE WAS AN  AGENT  OR
 EMPLOYEE OF THE OWNER OR LESSEE OF THE BUILDING OR PREMISES.
   (H) IF A FINDING IS MADE THAT THE DEFENDANT HAS CONDUCTED, MAINTAINED,
 OR  PERMITTED  THE  UNLICENSED ACTIVITY A PENALTY, TO BE INCLUDED IN THE
 JUDGMENT, MAY BE AWARDED IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS
 S. 4006--C                         155                        A. 3006--C
 
 FOR EACH DAY IT IS FOUND THAT  THE  DEFENDANT  INTENTIONALLY  CONDUCTED,
 MAINTAINED  OR  PERMITTED  THE UNLICENSED ACTIVITY.  UPON RECOVERY, SUCH
 PENALTY SHALL BE PAID TO THE OFFICE OF CANNABIS MANAGEMENT.
   2.    PRELIMINARY INJUNCTION. (A) PENDING A PROCEEDING FOR A PERMANENT
 INJUNCTION PURSUANT TO THIS SECTION THE COURT MAY  GRANT  A  PRELIMINARY
 INJUNCTION  ENJOINING  THE UNLICENSED ACTIVITY AND THE PERSON OR PERSONS
 CONDUCTING, MAINTAINING, OR  PERMITTING  THE  UNLICENSED  ACTIVITY  FROM
 FURTHER  CONDUCTING, MAINTAINING, OR PERMITTING THE UNLICENSED ACTIVITY,
 WHERE THE PUBLIC HEALTH, SAFETY  OR  WELFARE  IMMEDIATELY  REQUIRES  THE
 GRANTING  OF  SUCH  INJUNCTION. A TEMPORARY CLOSING ORDER MAY BE GRANTED
 PENDING A HEARING FOR A PRELIMINARY INJUNCTION WHERE IT APPEARS BY CLEAR
 AND CONVINCING EVIDENCE THAT UNLICENSED ACTIVITY  WITHIN  THE  SCOPE  OF
 THIS  SECTION  IS BEING CONDUCTED, MAINTAINED, OR PERMITTED AND THAT THE
 PUBLIC HEALTH, SAFETY OR WELFARE IMMEDIATELY REQUIRES THE GRANTING OF  A
 TEMPORARY  CLOSING  ORDER.  A TEMPORARY RESTRAINING ORDER MAY BE GRANTED
 PENDING A HEARING FOR A PRELIMINARY INJUNCTION.
   (B) A PRELIMINARY INJUNCTION SHALL BE ENFORCED BY THE  OFFICE  OR,  AT
 THE  REQUEST  OF THE OFFICE, THE ATTORNEY GENERAL. AT THE REQUEST OF THE
 OFFICE, A POLICE OFFICER OR PEACE OFFICER  WITH  JURISDICTION  MAY  ALSO
 ENFORCE THE PRELIMINARY INJUNCTION.
   (C)  THE  OFFICE  OR THE ATTORNEY GENERAL SHALL SHOW, BY AFFIDAVIT AND
 SUCH OTHER EVIDENCE AS MAY BE SUBMITTED, THAT THERE IS A CAUSE OF ACTION
 FOR A PERMANENT INJUNCTION ABATING UNLICENSED ACTIVITY.
   3. TEMPORARY CLOSING ORDER. (A) IF, ON  A  MOTION  FOR  A  PRELIMINARY
 INJUNCTION  ALLEGING UNLICENSED ACTIVITY AS DESCRIBED IN THIS SECTION IN
 A BUILDING OR PREMISES USED FOR COMMERCIAL PURPOSES ONLY, THE OFFICE  OR
 THE  ATTORNEY GENERAL DEMONSTRATES BY CLEAR AND CONVINCING EVIDENCE THAT
 SUCH UNLICENSED ACTIVITY IS BEING CONDUCTED,  MAINTAINED,  OR  PERMITTED
 AND  THAT  THE  PUBLIC HEALTH, SAFETY, OR WELFARE IMMEDIATELY REQUIRES A
 TEMPORARY CLOSING ORDER, A TEMPORARY ORDER  CLOSING  SUCH  PART  OF  THE
 BUILDING   OR   PREMISES  WHEREIN  SUCH  UNLICENSED  ACTIVITY  IS  BEING
 CONDUCTED, MAINTAINED, OR PERMITTED MAY BE GRANTED WITHOUT NOTICE, PEND-
 ING ORDER OF THE COURT GRANTING OR REFUSING THE  PRELIMINARY  INJUNCTION
 AND  UNTIL FURTHER ORDER OF THE COURT. UPON GRANTING A TEMPORARY CLOSING
 ORDER, THE COURT SHALL DIRECT THE HOLDING OF A HEARING FOR THE  PRELIMI-
 NARY  INJUNCTION  AT  THE EARLIEST POSSIBLE TIME BUT NO LATER THAN THREE
 BUSINESS DAYS FROM THE GRANTING OF SUCH ORDER; A DECISION ON THE  MOTION
 FOR A PRELIMINARY INJUNCTION SHALL BE RENDERED BY THE COURT WITHIN THREE
 BUSINESS DAYS AFTER THE CONCLUSION OF THE HEARING.
   (B)  UNLESS  THE  COURT  ORDERS  OTHERWISE,  A TEMPORARY CLOSING ORDER
 TOGETHER WITH THE PAPERS UPON WHICH IT WAS BASED AND A NOTICE OF HEARING
 FOR THE PRELIMINARY INJUNCTION SHALL BE PERSONALLY SERVED, IN  THE  SAME
 MANNER AS A SUMMONS AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES.
   (C)  A TEMPORARY CLOSING ORDER SHALL ONLY BE ISSUED PRIOR TO A HEARING
 ON A PRELIMINARY INJUNCTION IF THE BUILDING  OR  PREMISES  IS  USED  FOR
 COMMERCIAL PURPOSES ONLY.
   (D) NO TEMPORARY CLOSING ORDER SHALL BE ISSUED AGAINST ANY BUILDING OR
 PREMISES WHERE, IN ADDITION TO THE UNLICENSED ACTIVITY WHICH IS ALLEGED,
 ACTIVITY  THAT  IS  LICENSED  OR  OTHERWISE LAWFUL REMAINS IN PLACE.  IN
 ADDITION, NO TEMPORARY CLOSING ORDER SHALL BE ISSUED AGAINST ANY  BUILD-
 ING OR PREMISES WHICH IS USED IN PART AS RESIDENCE AND PURSUANT TO LOCAL
 LAW OR ORDINANCE IS ZONED AND LAWFULLY OCCUPIED AS A RESIDENCE.
   4.  TEMPORARY RESTRAINING ORDER. (A) IF, ON A MOTION FOR A PRELIMINARY
 INJUNCTION ALLEGING UNLICENSED ACTIVITY AS DESCRIBED IN THIS SECTION  IN
 A  BUILDING  OR PREMISES USED FOR COMMERCIAL PURPOSES, THE OFFICE OR THE
 ATTORNEY GENERAL DEMONSTRATES BY CLEAR AND CONVINCING EVIDENCE THAT SUCH
 S. 4006--C                         156                        A. 3006--C
 
 UNLICENSED ACTIVITY IS BEING CONDUCTED,  MAINTAINED,  OR  PERMITTED  AND
 THAT THE PUBLIC HEALTH, SAFETY, OR WELFARE IMMEDIATELY REQUIRES A TEMPO-
 RARY  RESTRAINING  ORDER,  A  TEMPORARY RESTRAINING ORDER MAY BE GRANTED
 WITHOUT  NOTICE RESTRAINING THE DEFENDANTS AND ALL PERSONS FROM REMOVING
 OR IN ANY MANNER INTERFERING WITH THE FURNITURE,  FIXTURES  AND  MOVABLE
 PROPERTY  USED  IN CONDUCTING, MAINTAINING OR PERMITTING SUCH UNLICENSED
 ACTIVITY, INCLUDING ADULT-USE CANNABIS,  AND  FROM  FURTHER  CONDUCTING,
 MAINTAINING OR PERMITTING SUCH UNLICENSED ACTIVITY, PENDING ORDER OF THE
 COURT  GRANTING OR REFUSING THE PRELIMINARY INJUNCTION AND UNTIL FURTHER
 ORDER OF THE COURT. UPON GRANTING A  TEMPORARY  RESTRAINING  ORDER,  THE
 COURT  SHALL DIRECT THE HOLDING OF A HEARING FOR THE PRELIMINARY INJUNC-
 TION AT THE EARLIEST POSSIBLE TIME BUT NO LATER THAN THREE BUSINESS DAYS
 FROM THE GRANTING OF SUCH ORDER; A DECISION ON THE MOTION FOR A PRELIMI-
 NARY INJUNCTION SHALL BE RENDERED BY THE  COURT  WITHIN  THREE  BUSINESS
 DAYS AFTER THE CONCLUSION OF THE HEARING.
   (B)  UNLESS  THE COURT ORDERS OTHERWISE, A TEMPORARY RESTRAINING ORDER
 AND THE PAPERS UPON WHICH IT WAS BASED AND A NOTICE OF HEARING  FOR  THE
 PRELIMINARY INJUNCTION SHALL BE PERSONALLY SERVED, IN THE SAME MANNER AS
 A SUMMONS AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES.
   5.  TEMPORARY  CLOSING  ORDER; TEMPORARY RESTRAINING ORDER; ADDITIONAL
 ENFORCEMENT PROCEDURES.  (A) IF ON A MOTION FOR  A  PRELIMINARY  INJUNC-
 TION,  THE OFFICE OF CANNABIS MANAGEMENT OR THE ATTORNEY GENERAL SUBMITS
 EVIDENCE WARRANTING BOTH A  TEMPORARY  CLOSING  ORDER  AND  A  TEMPORARY
 RESTRAINING ORDER, THE COURT SHALL GRANT BOTH ORDERS.
   (B)  UPON THE REQUEST OF THE OFFICE, ANY POLICE OFFICER OR PEACE OFFI-
 CER WITH JURISDICTION MAY ASSIST IN THE ENFORCEMENT OF A TEMPORARY CLOS-
 ING ORDER AND TEMPORARY RESTRAINING ORDER.
   (C) THE POLICE OFFICER OR PEACE OFFICER SERVING  A  TEMPORARY  CLOSING
 ORDER  OR  A TEMPORARY RESTRAINING ORDER SHALL FORTHWITH MAKE AND RETURN
 TO THE COURT AN INVENTORY OF PERSONAL PROPERTY SITUATED IN AND  USED  IN
 CONDUCTING,  MAINTAINING,  OR  PERMITTING THE UNLICENSED ACTIVITY WITHIN
 THE SCOPE OF THIS CHAPTER AND SHALL ENTER UPON THE BUILDING OR  PREMISES
 FOR  SUCH  PURPOSE. SUCH INVENTORY SHALL BE TAKEN IN ANY MANNER WHICH IS
 DEEMED LIKELY TO EVIDENCE A TRUE  AND  ACCURATE  REPRESENTATION  OF  THE
 PERSONAL  PROPERTY  SUBJECT TO SUCH INVENTORY INCLUDING, BUT NOT LIMITED
 TO PHOTOGRAPHING SUCH PERSONAL PROPERTY.
   (D) THE POLICE OFFICER OR PEACE OFFICER SERVING  A  TEMPORARY  CLOSING
 ORDER  SHALL,  UPON SERVICE OF THE ORDER, COMMAND ALL PERSONS PRESENT IN
 THE BUILDING OR PREMISES TO VACATE  THE  PREMISES  FORTHWITH.  UPON  THE
 BUILDING  OR  PREMISES  BEING  VACATED,  THE  PREMISES SHALL BE SECURELY
 LOCKED AND ALL KEYS DELIVERED TO THE OFFICER SERVING THE ORDER WHO THER-
 EAFTER SHALL DELIVER THE KEYS TO THE FEE OWNER, LESSOR, OR LESSEE OF THE
 BUILDING OR PREMISES INVOLVED. IF THE FEE OWNER, LESSOR,  OR  LESSEE  IS
 NOT  AT  THE  BUILDING OR PREMISES WHEN THE ORDER IS BEING EXECUTED, THE
 OFFICER SHALL SECURELY PADLOCK THE PREMISES AND RETAIN  THE  KEYS  UNTIL
 THE  FEE  OWNER,  LESSOR,  OR  LESSEE OF THE BUILDING IS ASCERTAINED, IN
 WHICH EVENT, THE OFFICER SHALL DELIVER THE KEYS TO SUCH  OWNER,  LESSOR,
 OR LESSEE.
   (E) UPON SERVICE OF A TEMPORARY CLOSING ORDER OR A TEMPORARY RESTRAIN-
 ING ORDER, THE POLICE OFFICER OR PEACE OFFICER SHALL POST A COPY THEREOF
 IN  A  CONSPICUOUS  PLACE  OR UPON ONE OR MORE OF THE PRINCIPAL DOORS AT
 ENTRANCES OF SUCH  PREMISES  WHERE  THE  UNLICENSED  ACTIVITY  IS  BEING
 CONDUCTED,  MAINTAINED,  OR  PERMITTED.  IN  ADDITION, WHERE A TEMPORARY
 CLOSING ORDER HAS BEEN GRANTED, THE OFFICER SHALL AFFIX, IN A  CONSPICU-
 OUS  PLACE  OR  UPON  ONE OR MORE OF THE PRINCIPAL DOORS AT ENTRANCES OF
 SUCH PREMISES, A PRINTED NOTICE THAT THE PREMISES HAVE  BEEN  CLOSED  BY
 S. 4006--C                         157                        A. 3006--C
 
 COURT  ORDER,  WHICH  NOTICE  SHALL  CONTAIN THE LEGEND "CLOSED BY COURT
 ORDER" IN BLOCK LETTERING OF SUFFICIENT SIZE TO BE  OBSERVED  BY  ANYONE
 INTENDING  OR  LIKELY  TO ENTER THE PREMISES, THE DATE OF THE ORDER, THE
 COURT  FROM  WHICH ISSUED, AND THE NAME OF THE OFFICER OR AGENCY POSTING
 THE NOTICE. IN ADDITION, WHERE A TEMPORARY RESTRAINING  ORDER  HAS  BEEN
 GRANTED,    THE POLICE OFFICER OR PEACE OFFICER SHALL AFFIX, IN THE SAME
 MANNER, A NOTICE SIMILAR TO THE NOTICE PROVIDED FOR  IN  RELATION  TO  A
 TEMPORARY  CLOSING ORDER EXCEPT THAT THE NOTICE SHALL STATE THAT CERTAIN
 DESCRIBED ACTIVITY IS PROHIBITED BY COURT  ORDER  AND  THAT  REMOVAL  OF
 PROPERTY  IS PROHIBITED BY COURT ORDER.  MUTILATION OR REMOVAL OF SUCH A
 POSTED ORDER OR SUCH A POSTED NOTICE WHILE IT REMAINS IN FORCE, IN ADDI-
 TION TO ANY OTHER PUNISHMENT PRESCRIBED BY LAW, SHALL BE PUNISHABLE,  ON
 CONVICTION,  BY  A  FINE  OF  NOT  MORE THAN FIVE THOUSAND DOLLARS OR BY
 IMPRISONMENT NOT EXCEEDING NINETY DAYS, OR BY BOTH, PROVIDED SUCH  ORDER
 OR  NOTICE CONTAINS THEREIN A NOTICE OF SUCH PENALTY. ANY POLICE OFFICER
 OR PEACE OFFICER WITH JURISDICTION MAY, UPON THE REQUEST OF THE  OFFICE,
 ASSIST IN THE ENFORCEMENT OF THIS SECTION.
   6.  TEMPORARY  CLOSING ORDER; TEMPORARY RESTRAINING ORDER; DEFENDANT'S
 REMEDIES.   (A) A TEMPORARY CLOSING ORDER  OR  A  TEMPORARY  RESTRAINING
 ORDER  SHALL  BE  VACATED,  UPON  NOTICE TO THE OFFICE, IF THE DEFENDANT
 SHOWS BY AFFIDAVIT AND SUCH OTHER PROOF AS MAY  BE  SUBMITTED  THAT  THE
 UNLICENSED ACTIVITY WITHIN THE SCOPE OF THIS CHAPTER HAS BEEN ABATED. AN
 ORDER  VACATING  A  TEMPORARY  CLOSING  ORDER OR A TEMPORARY RESTRAINING
 ORDER SHALL INCLUDE A PROVISION AUTHORIZING THE OFFICE  TO  INSPECT  THE
 BUILDING  OR  PREMISES  WHICH IS THE SUBJECT OF A PROCEEDING PURSUANT TO
 THIS SUBDIVISION, PERIODICALLY WITHOUT NOTICE, DURING  THE  PENDENCY  OF
 THE  PROCEEDING FOR THE PURPOSE OF ASCERTAINING WHETHER OR NOT THE UNLI-
 CENSED ACTIVITY HAS BEEN RESUMED. ANY POLICE OFFICER  OR  PEACE  OFFICER
 WITH  JURISDICTION  MAY,  UPON  THE REQUEST OF THE OFFICE, ASSIST IN THE
 ENFORCEMENT OF AN INSPECTION PROVISION OF AN ORDER VACATING A  TEMPORARY
 CLOSING ORDER OR TEMPORARY RESTRAINING ORDER.
   (B)  A TEMPORARY CLOSING ORDER OR A TEMPORARY RESTRAINING ORDER MAY BE
 VACATED BY THE COURT, UPON NOTICE TO  THE  OFFICE,  WHEN  THE  DEFENDANT
 GIVES  AN UNDERTAKING AND THE COURT IS SATISFIED THAT THE PUBLIC HEALTH,
 SAFETY, OR WELFARE WILL BE PROTECTED ADEQUATELY DURING THE  PENDENCY  OF
 THE  PROCEEDING.  THE  UNDERTAKING  SHALL  BE  IN AN AMOUNT EQUAL TO THE
 ASSESSED VALUATION OF THE BUILDING  OR  PREMISES  WHERE  THE  UNLICENSED
 ACTIVITY  IS  BEING CONDUCTED, MAINTAINED, OR PERMITTED OR IN SUCH OTHER
 AMOUNT AS MAY BE FIXED BY THE COURT. THE  DEFENDANT  SHALL  PAY  TO  THE
 OFFICE  AND  THE  ATTORNEY GENERAL, IN THE EVENT A JUDGMENT OF PERMANENT
 INJUNCTION IS OBTAINED, THEIR ACTUAL COSTS, EXPENSES  AND  DISBURSEMENTS
 IN  BRINGING  AND MAINTAINING THE PROCEEDING. IN ADDITION, THE DEFENDANT
 SHALL PAY TO  THE  LOCAL  GOVERNMENT  OR  LAW  ENFORCEMENT  AGENCY  THAT
 PROVIDED  ASSISTANCE IN ENFORCING ANY ORDER OF THE COURT ISSUED PURSUANT
 TO A PROCEEDING BROUGHT UNDER THIS SECTION, ITS ACTUAL  COSTS,  EXPENSES
 AND DISBURSEMENTS IN ASSISTING WITH THE ENFORCEMENT OF THE PROCEEDING.
   7.  PERMANENT INJUNCTION.  (A) A JUDGMENT AWARDING A PERMANENT INJUNC-
 TION PURSUANT TO THIS CHAPTER SHALL DIRECT  THAT  ANY  ILLICIT  CANNABIS
 SEIZED  SHALL  BE  TURNED  OVER  TO THE OFFICE OF CANNABIS MANAGEMENT OR
 THEIR AUTHORIZED REPRESENTATIVE. THE JUDGMENT  MAY  FURTHER  DIRECT  ANY
 POLICE  OFFICER  OR  PEACE OFFICER WITH JURISDICTION TO SEIZE AND REMOVE
 FROM THE BUILDING OR PREMISES ALL MATERIAL, EQUIPMENT, AND INSTRUMENTAL-
 ITIES USED IN THE CREATION AND MAINTENANCE OF  THE  UNLICENSED  ACTIVITY
 AND  SHALL  DIRECT  THE  SALE BY THE SHERIFF OF ANY SUCH PROPERTY IN THE
 MANNER PROVIDED FOR THE SALE OF PERSONAL PROPERTY UNDER EXECUTION PURSU-
 ANT TO THE PROVISIONS OF THE CIVIL  PRACTICE  LAW  AND  RULES.  THE  NET
 S. 4006--C                         158                        A. 3006--C
 
 PROCEEDS  OF  ANY  SUCH  SALE,  AFTER  DEDUCTION  OF THE LAWFUL EXPENSES
 INVOLVED, SHALL BE PAID TO THE GENERAL FUND OF THE STATE.
   (B)  A JUDGMENT AWARDING A PERMANENT INJUNCTION PURSUANT TO THIS CHAP-
 TER MAY DIRECT THE CLOSING OF THE BUILDING OR  PREMISES  BY  ANY  POLICE
 OFFICER  OR  PEACE  OFFICER WITH JURISDICTION TO THE EXTENT NECESSARY TO
 ABATE THE UNLICENSED ACTIVITY AND SHALL DIRECT  ANY  POLICE  OFFICER  OR
 PEACE  OFFICER  WITH  JURISDICTION  TO POST A COPY OF THE JUDGMENT AND A
 PRINTED NOTICE OF SUCH CLOSING CONFORMING TO THE  REQUIREMENTS  OF  THIS
 CHAPTER.  THE  CLOSING DIRECTED BY THE JUDGMENT SHALL BE FOR SUCH PERIOD
 AS THE COURT MAY DIRECT BUT IN NO EVENT SHALL THE CLOSING BE FOR A PERI-
 OD OF MORE THAN ONE YEAR FROM THE POSTING OF THE JUDGMENT  PROVIDED  FOR
 IN  THIS  SECTION.  IF  THE  OWNER SHALL FILE A BOND IN THE VALUE OF THE
 PROPERTY ORDERED TO BE CLOSED AND SUBMITS PROOF TO THE  COURT  THAT  THE
 UNLICENSED ACTIVITY HAS BEEN ABATED AND WILL NOT BE CREATED, MAINTAINED,
 OR  PERMITTED  FOR  SUCH  PERIOD OF TIME AS THE BUILDING OR PREMISES HAS
 BEEN DIRECTED TO BE CLOSED IN THE JUDGMENT, THE  COURT  MAY  VACATE  THE
 PROVISIONS  OF  THE  JUDGMENT THAT DIRECT THE CLOSING OF THE BUILDING OR
 PREMISES. A CLOSING BY A POLICE OFFICER OR PEACE OFFICER WITH  JURISDIC-
 TION  PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL NOT CONSTITUTE AN
 ACT OF POSSESSION, OWNERSHIP, OR CONTROL BY SUCH POLICE OFFICER OR PEACE
 OFFICER OF THE CLOSED PREMISES.
   (C) UPON THE REQUEST OF THE  OFFICE  OF  CANNABIS  MANAGEMENT  OR  ITS
 AUTHORIZED  REPRESENTATIVE,  ANY  POLICE  OFFICER  OR PEACE OFFICER WITH
 JURISDICTION MAY ASSIST IN THE ENFORCEMENT  OF  A  JUDGMENT  AWARDING  A
 PERMANENT  INJUNCTION  ENTERED  IN A PROCEEDING BROUGHT PURSUANT TO THIS
 CHAPTER.
   (D) A JUDGMENT RENDERED AWARDING A PERMANENT  INJUNCTION  PURSUANT  TO
 THIS  CHAPTER  SHALL  BE AND BECOME A LIEN UPON THE BUILDING OR PREMISES
 NAMED IN THE PETITION IN SUCH PROCEEDING, SUCH LIEN  TO  DATE  FROM  THE
 TIME OF FILING A NOTICE OF LIS PENDENS IN THE OFFICE OF THE CLERK OF THE
 COUNTY  WHEREIN  THE  BUILDING  OR  PREMISES IS LOCATED. EVERY SUCH LIEN
 SHALL HAVE PRIORITY BEFORE ANY MORTGAGE OR OTHER LIEN THAT EXISTS  PRIOR
 TO SUCH FILING EXCEPT TAX AND ASSESSMENT LIENS.
   (E)  A JUDGMENT AWARDING A PERMANENT INJUNCTION PURSUANT TO THIS CHAP-
 TER SHALL PROVIDE, IN ADDITION TO THE COSTS AND DISBURSEMENTS ALLOWED BY
 THE CIVIL PRACTICE LAW AND RULES, UPON SATISFACTORY PROOF  BY  AFFIDAVIT
 OR  SUCH  OTHER EVIDENCE AS MAY BE SUBMITTED, THE ACTUAL COSTS, EXPENSES
 AND DISBURSEMENTS OF THE OFFICE AND THE ATTORNEY GENERAL IN BRINGING AND
 MAINTAINING THE PROCEEDING.
   8. CIVIL PROCEEDINGS. IN ADDITION TO THE  AUTHORITY  GRANTED  IN  THIS
 SECTION  TO  THE OFFICE OF CANNABIS MANAGEMENT AND THE ATTORNEY GENERAL,
 COUNTY ATTORNEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT IN WHICH  SUCH
 BUILDING  OR  PREMISES  IS  LOCATED  MAY,  AFTER  THE OFFICE OF CANNABIS
 MANAGEMENT GRANTS PERMISSION IN WRITING,  BRING  AND  MAINTAIN  A  CIVIL
 PROCEEDING  IN  THE SUPREME COURT OF THE COUNTY IN WHICH THE BUILDING OR
 PREMISES IS  LOCATED  TO  PERMANENTLY  ENJOIN  THE  UNLICENSED  ACTIVITY
 DESCRIBED  IN THIS SECTION AND THE PERSON OR PERSONS CONDUCTING OR MAIN-
 TAINING SUCH UNLICENSED ACTIVITY, IN ACCORDANCE WITH THE PROCEDURES  SET
 FORTH IN THIS SECTION.  THE OFFICE SHALL BE PERMITTED TO INTERVENE AS OF
 RIGHT IN ANY SUCH PROCEEDING. ANY SUCH GOVERNMENTAL ENTITY WHICH OBTAINS
 A  PERMANENT  INJUNCTION  PURSUANT  TO THIS CHAPTER SHALL BE AWARDED, IN
 ADDITION TO THE COSTS AND DISBURSEMENTS ALLOWED BY  THE  CIVIL  PRACTICE
 LAW  AND  RULES,  UPON  SATISFACTORY  PROOF  BY  AFFIDAVIT OR SUCH OTHER
 EVIDENCE AS MAY BE SUBMITTED, THE ACTUAL COSTS, EXPENSES  AND  DISBURSE-
 MENTS IN BRINGING AND MAINTAINING THE PROCEEDING. THE AUTHORITY PROVIDED
 BY  THIS SUBDIVISION SHALL BE IN ADDITION TO, AND SHALL NOT BE DEEMED TO
 S. 4006--C                         159                        A. 3006--C
 
 DIMINISH OR REDUCE, ANY RIGHTS OF THE PARTIES DESCRIBED IN THIS  SECTION
 UNDER  EXISTING  LAW  FOR  ANY VIOLATION PURSUANT TO THIS CHAPTER OR ANY
 OTHER LAW.
   §  13.  Subdivisions  3, 6 and 7 of section 17 of the cannabis law are
 amended to read as follows:
   3. Notice and right of hearing as provided in the state administrative
 procedure act shall be served at least fifteen days prior to the date of
 the hearing, provided that, whenever because of  danger  to  the  public
 health, safety or welfare it appears prejudicial to the interests of the
 people  of the state to delay action for fifteen days OR WITH RESPECT TO
 A VIOLATION OF SUBDIVISION ONE OR ONE-A OF SECTION ONE  HUNDRED  TWENTY-
 FIVE  OF  THIS CHAPTER, the board may serve the respondent with an order
 requiring certain action or the cessation of  certain  activities  imme-
 diately or within a specified period of less than fifteen days.
   6.  Following a hearing, the board may make appropriate determinations
 and issue a final order in accordance therewith.   THE RESPONDENT  SHALL
 HAVE  THIRTY  DAYS  TO  SUBMIT  A  WRITTEN  APPEAL  TO THE BOARD. IF THE
 RESPONDENT DOES NOT SUBMIT A WRITTEN APPEAL WITHIN THIRTY  DAYS  OF  THE
 DETERMINATION OF THE BOARD THE ORDER SHALL BE FINAL.
   7.  The  board  may  adopt,  amend and repeal administrative rules and
 regulations governing the procedures to  be  followed  with  respect  to
 hearings,  [such]  INVESTIGATIONS,  AND OTHER ADMINISTRATIVE ENFORCEMENT
 ACTIONS TAKEN PURSUANT TO THIS CHAPTER, INCLUDING ANY  SUCH  ENFORCEMENT
 ACTIONS  TAKEN  AGAINST  PERSONS  NOT REGISTERED, LICENSED, OR PERMITTED
 UNDER THIS CHAPTER. SUCH rules [to] SHALL be consistent with the  policy
 and  purpose  of  this chapter and the effective and fair enforcement of
 its provisions.
   § 14. Section 19 of the cannabis law is amended to read as follows:
   § 19. Public health and education campaign. The office,  in  consulta-
 tion  with  the  commissioners  of  the  department of health, office of
 addiction services and supports, and  office  of  mental  health,  shall
 develop and implement a comprehensive public health monitoring, surveil-
 lance  and  education  campaign  regarding the legalization of adult-use
 cannabis and the impact of cannabis use on public health and safety. The
 public health and education campaign shall also include  general  educa-
 tion to the public about the cannabis law, INCLUDING THE POTENTIAL RISKS
 ASSOCIATED  WITH  PATRONIZING  UNLICENSED RETAIL LOCATIONS, OR OTHERWISE
 PROCURING CANNABIS PRODUCT, CANNABINOID HEMP  OR  HEMP  EXTRACT  PRODUCT
 THROUGH PERSONS NOT AUTHORIZED BY THE OFFICE.
   §  15.  Paragraphs  (l)  and (m) of subdivision 1 of section 64 of the
 cannabis law are amended and a new paragraph (n) is  added  to  read  as
 follows:
   (l)  the applicant satisfies any other conditions as determined by the
 board; [and]
   (m) if the applicant is a registered organization, the  organization's
 maintenance of effort in manufacturing and/or dispensing and/or research
 of medical cannabis for certified patients and caregivers[.]; AND
   (N)  WHETHER THE APPLICANT OR ITS MANAGING OFFICERS HAVE BEEN FOUND TO
 HAVE ENGAGED IN ACTIVITIES IN VIOLATION OF THIS CHAPTER.
   § 16. Section 125 of the cannabis law  is  amended  by  adding  a  new
 subdivision 1-a to read as follows:
   1-A. NO PERSON SHALL ENGAGE IN AN INDIRECT RETAIL SALE IRRESPECTIVE OF
 WHETHER  SUCH  PERSON  HAS  OBTAINED  A REGISTRATION, LICENSE, OR PERMIT
 ISSUED UNDER THIS CHAPTER.
 S. 4006--C                         160                        A. 3006--C

   § 17. Subdivisions 1 and 6 of section 132  of  the  cannabis  law  are
 amended  and  three  new subdivisions 1-a, 7, and 8 are added to read as
 follows:
   1.  (A) Any person who cultivates for sale or sells cannabis, cannabis
 products, [or] medical cannabis, OR ANY PRODUCT MARKETED OR  LABELED  AS
 SUCH,  without  having  an  appropriate  registration, license or permit
 therefor, [or] INCLUDING A PERSON whose registration, license, or permit
 has been revoked, surrendered or cancelled, [may be  subject  to  prose-
 cution  in  accordance  with article two hundred twenty-two of the penal
 law] WHERE SUCH PERSON IS ENGAGING IN ACTIVITY FOR WHICH A LICENSE WOULD
 BE REQUIRED UNDER THIS CHAPTER, MAY BE SUBJECT TO A CIVIL PENALTY OF NOT
 MORE THAN TEN THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH  VIOLATION
 CONTINUES  AND  AN ADDITIONAL CIVIL PENALTY IN AN AMOUNT OF NO MORE THAN
 FIVE TIMES THE REVENUE FROM SUCH PROHIBITED SALES OR, IN AN AMOUNT OF NO
 MORE THAN THREE TIMES THE PROJECTED REVENUE FOR ANY SUCH  PRODUCT  FOUND
 IN  THE POSSESSION OF SUCH PERSON BASED ON THE RETAIL LIST PRICE OF SUCH
 PRODUCTS; PROVIDED, HOWEVER, THAT ANY SUCH PERSON WHO  ENGAGES  IN  SUCH
 ACTIVITY  FROM A RESIDENCE OR OTHER REAL PROPERTY NOT OTHERWISE HELD OUT
 AS OPEN TO THE PUBLIC OR OTHERWISE  BEING  UTILIZED  IN  A  BUSINESS  OR
 COMMERCIAL MANNER OR ANY PRIVATE VEHICLE ON OR ABOUT SAME SUCH PROPERTY,
 AND  THE  QUANTITY  OF SUCH PRODUCT ON SUCH PREMISES OR VEHICLE DOES NOT
 EXCEED THE LIMITS OF PERSONAL USE UNDER ARTICLE TWO  HUNDRED  TWENTY-TWO
 OF THE PENAL LAW, MAY BE SUBJECT TO A CIVIL PENALTY OF NO MORE THAN FIVE
 THOUSAND DOLLARS.
   PROVIDED,  FURTHER,  THAT  WHERE SUCH PERSON HAS BEEN ORDERED TO CEASE
 SUCH CONDUCT PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED  THIRTY-
 EIGHT-A  OF THIS CHAPTER, SUCH PERSON MAY BE ASSESSED A CIVIL PENALTY OF
 NO MORE THAN TWENTY THOUSAND DOLLARS PER DAY FOR EACH DAY  DURING  WHICH
 SUCH  VIOLATION  CONTINUES AFTER RECEIVING SUCH ORDER IN ADDITION TO THE
 ADDITIONAL CIVIL PENALTIES SET FORTH ABOVE; PROVIDED, HOWEVER, THAT  ANY
 SUCH  PERSON WHO ENGAGES IN SUCH ACTIVITY FROM A RESIDENCE OR OTHER REAL
 PROPERTY NOT OTHERWISE HELD OUT AS OPEN TO THE PUBLIC OR OTHERWISE BEING
 UTILIZED IN A BUSINESS OR COMMERCIAL MANNER OR ANY PRIVATE VEHICLE ON OR
 ABOUT SAME SUCH PROPERTY, AND THE QUANTITY OF SUCH PRODUCT ON SUCH PREM-
 ISES OR VEHICLE DOES NOT EXCEED THE LIMITS OF PERSONAL USE UNDER ARTICLE
 TWO HUNDRED TWENTY-TWO OF THE PENAL LAW,  MAY  BE  SUBJECT  TO  A  CIVIL
 PENALTY OF NO MORE THAN TEN THOUSAND DOLLARS.
   (B)  IF A PERSON ENGAGING IN THE CONDUCT DESCRIBED IN PARAGRAPH (A) OF
 THIS SUBDIVISION, OR SUBDIVISION ONE-A OF THIS SECTION REFUSES TO PERMIT
 THE OFFICE OR THE BOARD FROM PERFORMING A  REGULATORY  INSPECTION,  SUCH
 PERSON  MAY  BE  ASSESSED A CIVIL PENALTY OF UP TO FOUR THOUSAND DOLLARS
 FOR A FIRST REFUSAL AND UP TO EIGHT THOUSAND DOLLARS  FOR  A  SECOND  OR
 SUBSEQUENT  REFUSAL WITHIN THREE YEARS OF A PRIOR REFUSAL. IF THE OFFICE
 OR BOARD IS NOT PERMITTED ACCESS FOR A REGULATORY INSPECTION PURSUANT TO
 SECTION TEN OR SECTION ELEVEN OF THIS CHAPTER, AS  APPLICABLE,  BY  SUCH
 PERSON,  THE  ATTORNEY  GENERAL,  UPON  THE REQUEST OF THE OFFICE OR THE
 BOARD, SHALL BE AUTHORIZED TO APPLY, WITHOUT NOTICE TO SUCH  PERSON,  TO
 THE  SUPREME  COURT  IN  THE  COUNTY  IN  WHICH THE PLACE OF BUSINESS IS
 LOCATED FOR AN ORDER GRANTING THE OFFICE OR BOARD ACCESS TO  SUCH  PLACE
 OF  BUSINESS.  THE COURT MAY GRANT SUCH AN ORDER IF IT DETERMINES, BASED
 ON EVIDENCE PRESENTED BY THE ATTORNEY GENERAL, THAT THERE IS  REASONABLE
 CAUSE  TO  BELIEVE  THAT  SUCH  PLACE OF BUSINESS IS A PLACE OF BUSINESS
 WHICH DOES NOT POSSESS A VALID REGISTRATION, LICENSE, OR  PERMIT  ISSUED
 BY THE OFFICE OR BOARD.
 S. 4006--C                         161                        A. 3006--C
 
   (C) IN ASSESSING THE CIVIL PENALTIES UNDER THIS SUBDIVISION, THE BOARD
 OR OFFICE SHALL TAKE INTO CONSIDERATION THE NATURE OF SUCH VIOLATION AND
 SHALL ASSESS A PENALTY THAT IS PROPORTIONATE TO THE VIOLATION.
   1-A.  ANY  PERSON  FOUND  TO  HAVE  ENGAGED IN INDIRECT RETAIL SALE IN
 VIOLATION OF SUBDIVISION ONE-A OF SECTION  ONE  HUNDRED  TWENTY-FIVE  OF
 THIS  CHAPTER, SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT EQUALING
 THE LESSER OF THREE TIMES THE REVENUE FOR SUCH INDIRECT RETAIL SALES  OR
 UP  TO  TWO  THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUCH SALE, PROVIDED,
 HOWEVER, THAT WHERE SUCH CONDUCT ALSO CONSTITUTES A VIOLATION OF  SUBDI-
 VISION ONE OF THIS SECTION, SUCH PERSON MAY ONLY BE SUBJECT TO THE CIVIL
 PENALTIES  UNDER ONE SUCH SUBDIVISION, AND PROVIDED, FURTHER, THAT WHERE
 SUCH PERSON HAS BEEN ORDERED TO CEASE SUCH CONDUCT PURSUANT TO  SUBDIVI-
 SION  ONE  OF  SECTION  ONE HUNDRED THIRTY-EIGHT-A OF THIS ARTICLE, SUCH
 PERSON MAY BE ASSESSED A CIVIL PENALTY OF UP TO  FIVE  THOUSAND  DOLLARS
 FOR  EACH  DAY  DURING WHICH SUCH VIOLATION CONTINUES IN ADDITION TO ANY
 CIVIL PENALTIES SET FORTH ABOVE.
   6. [After due] EXCEPT AS OTHERWISE PROVIDED FOR IN THIS  CHAPTER,  THE
 BOARD  SHALL  PROMULGATE  RULES AND REGULATIONS PROVIDING FOR notice and
 opportunity to be heard, [as established by rules and regulations] PRIOR
 TO THE IMPOSITION OF ANY CIVIL PENALTY UNDER THIS SECTION, EXCEPT  WHERE
 SUCH  CIVIL  PENALTY  IS  BEING SOUGHT IN AN ACTION OR PROCEEDING BY THE
 ATTORNEY GENERAL AS OTHERWISE  AUTHORIZED  IN  THIS  CHAPTER,  PROVIDED,
 FURTHER,  nothing in this section shall prohibit the board from suspend-
 ing, revoking, or denying a license, permit, registration,  or  applica-
 tion  in  addition to the penalties [prescribed in] THAT MAY BE ASSESSED
 UNDER this section.
   7. THE PENALTIES PROVIDED FOR IN SUBDIVISION ONE OF THIS  SECTION  MAY
 BE RECOVERED BY THE ATTORNEY GENERAL ON BEHALF OF THE BOARD OR OFFICE IN
 AN  ACTION OR PROCEEDING BROUGHT PURSUANT TO SECTION ONE HUNDRED THIRTY-
 EIGHT-A OF THIS CHAPTER.
   8. ANY PERSON WHO KNOWINGLY AND UNLAWFULLY SELLS, GIVES, OR CAUSES  TO
 BE  SOLD  OR GIVEN, ANY CANNABIS OR CANNABIS PRODUCTS FOR WHICH THE SALE
 OF SUCH PRODUCTS REQUIRES A LICENSE, PERMIT, OR REGISTRATION UNDER  THIS
 CHAPTER WHERE SUCH PERSON OWNS AND/OR IS PRINCIPALLY RESPONSIBLE FOR THE
 OPERATION  OF A BUSINESS WHERE SUCH PRODUCTS WERE SOLD, GIVEN, OR CAUSED
 TO BE SOLD OR GIVEN WITHOUT HAVING OBTAINED A VALID LICENSE,  PERMIT  OR
 REGISTRATION  THEREFOR SHALL BE GUILTY OF A CLASS A MISDEMEANOR. FOR THE
 PURPOSES OF THIS SECTION, "OPERATION OF A BUSINESS" SHALL MEAN  ENGAGING
 IN  THE  SALE  OF, OR OTHERWISE OFFERING FOR SALE, GOODS AND SERVICES TO
 THE GENERAL PUBLIC, INCLUDING THROUGH INDIRECT RETAIL SALES.
   § 18. Subdivisions 6 and 8 of section 133  of  the  cannabis  law  are
 amended to read as follows:
   6. Any registration, license or permit issued by the board pursuant to
 this  chapter may be revoked, cancelled or suspended and/or be subjected
 to the imposition of a monetary penalty set forth in this chapter in the
 manner prescribed by this section. IN ADDITION TO THE GROUNDS SET  FORTH
 IN  THIS  SECTION,  THE  BOARD  MAY  ALSO REVOKE, CANCEL, OR SUSPEND ANY
 REGISTRATION, LICENSE, OR PERMIT WHERE SUCH PERSON HOLDING  SUCH  REGIS-
 TRATION,  LICENSE,  OR PERMIT HAS BEEN FOUND TO HAVE REFUSED TO PERMIT A
 REGULATORY INSPECTION BY THE BOARD.
   8. All other registrations, licenses  or  permits  issued  under  this
 chapter  may be revoked, cancelled, suspended and/or made subject to the
 imposition of a civil penalty by the office after a hearing to  be  held
 in  such  manner and upon such notice as may be prescribed in regulation
 by the board. IN ADDITION TO THE GROUNDS SET FORTH IN THIS SECTION,  THE
 OFFICE MAY ALSO REVOKE, CANCEL, OR SUSPEND ANY REGISTRATION, LICENSE, OR
 S. 4006--C                         162                        A. 3006--C
 
 PERMIT  WHERE  SUCH PERSON HOLDING SUCH REGISTRATION, LICENSE, OR PERMIT
 HAS BEEN FOUND TO HAVE REFUSED TO PERMIT A REGULATORY INSPECTION BY  THE
 OFFICE.
   §  19.  Subdivision 1 of section 137 of the cannabis law is amended by
 adding a new paragraph (d-1) to read as follows:
   (D-1) A PERSON WHO HAS BEEN  FOUND  TO  HAVE  ENGAGED  IN  UNLICENSED,
 UNREGISTERED,  OR  UNPERMITTED  CONDUCT  UNDER THIS CHAPTER, UNTIL THREE
 YEARS AFTER SUCH FINDING;
   § 20. Section 138-a of the cannabis law is amended to read as follows:
   § 138-a. [Injunction] ACTION for  unlawful  [manufacturing,  sale,  or
 distribution  of]  BUSINESS PRACTICES RELATING TO cannabis. The BOARD OR
 THE office of cannabis management shall, IN ACCORDANCE WITH THE AUTHORI-
 TY OTHERWISE CONFERRED IN THIS CHAPTER, have the authority  to  [request
 an injunction]:
   1.  ORDER  ANY  PERSON  WHO  IS  UNLAWFULLY  CULTIVATING,  PROCESSING,
 DISTRIBUTING OR SELLING CANNABIS, CANNABIS PRODUCT, CANNABINOID HEMP  OR
 HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH IN THIS
 STATE WITHOUT OBTAINING THE APPROPRIATE REGISTRATION, LICENSE, OR PERMIT
 THEREFOR, OR ENGAGING IN AN INDIRECT RETAIL SALE TO CEASE SUCH PROHIBIT-
 ED CONDUCT;
   2.  SEIZE  ANY  CANNABIS,  CANNABIS  PRODUCT, CANNABINOID HEMP OR HEMP
 EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS  SUCH,  FOUND  IN
 THE  POSSESSION OF A PERSON ENGAGED IN THE CONDUCT DESCRIBED IN SUBDIVI-
 SION ONE OF THIS SECTION;
   3. INITIATE OR REFER THE MATTER TO THE  BOARD  FOR  AN  ADMINISTRATIVE
 PROCEEDING TO ENFORCE THE PROVISIONS OF THIS SECTION;
   4. SEEK INJUNCTIVE RELIEF against any person [who is unlawfully culti-
 vating, processing, distributing or selling cannabis in this state with-
 out obtaining the appropriate registration, license, or permit therefor,
 in  accordance  with this chapter and any applicable state law] ENGAGING
 IN CONDUCT IN VIOLATION OF THIS SECTION; AND
   5. REQUEST THAT THE ATTORNEY GENERAL OBTAIN JUDICIAL ENFORCEMENT OF AN
 ORDER ISSUED UNDER SUBDIVISION ONE OF THIS SECTION OR BRING AN ACTION OR
 PROCEEDING FOR ANY RELIEF OTHERWISE AUTHORIZED UNDER THIS CHAPTER FOR  A
 VIOLATION  OF  THIS  CHAPTER,  INCLUDING  THE RECOVERY OF ANY APPLICABLE
 CIVIL PENALTIES.
   § 21. The real property actions and  proceedings  law  is  amended  by
 adding a new section 715-a to read as follows:
   §  715-A.  GROUNDS AND PROCEDURE FOR REMOVAL OF COMMERCIAL TENANTS FOR
 UNLICENSED CANNABIS RETAIL SALE.  1.  ANY  DULY  AUTHORIZED  ENFORCEMENT
 AGENCY OF THE STATE OR OF A SUBDIVISION THEREOF, UNDER A DUTY TO ENFORCE
 THE PROVISIONS OF THE PENAL LAW OR OF ANY STATE OR LOCAL LAW, ORDINANCE,
 CODE,  RULE OR REGULATION RELATING TO BUILDINGS, OR THE CANNABIS CONTROL
 BOARD, OFFICE OF CANNABIS MANAGEMENT OR THE ATTORNEY GENERAL PURSUANT TO
 SECTION ONE HUNDRED  THIRTY-EIGHT-A  OF  THE  CANNABIS  LAW,  MAY  SERVE
 PERSONALLY  UPON  THE  OWNER  OR LANDLORD OF REAL PROPERTY AUTHORIZED OR
 OTHERWISE INTENDED OR ADVERTISED, IN WHOLE OR PART, FOR USE TO BUY, SELL
 OR OTHERWISE PROVIDE GOODS OR SERVICES, OR FOR OTHER  BUSINESS,  COMMER-
 CIAL,  PROFESSIONAL  SERVICES OR MANUFACTURING ACTIVITIES, OR UPON THEIR
 AGENT, A WRITTEN NOTICE REQUIRING THE  OWNER  OR  LANDLORD  TO  MAKE  AN
 APPLICATION FOR THE REMOVAL OF A COMMERCIAL TENANT SO USING OR OCCUPYING
 THE  SAME FOR A VIOLATION OF ARTICLE TWO HUNDRED TWENTY-TWO OF THE PENAL
 LAW OR ARTICLE SIX OF THE CANNABIS LAW INVOLVING THE UNLICENSED SALE  OF
 CANNABIS,  WHERE  SUCH  PROPERTY,  OR THE PORTION THEREOF BEING USED FOR
 SUCH UNLICENSED ACTIVITY, IS NOT OCCUPIED  FOR  ANY  OTHER  LICENSED  OR
 LAWFUL  PURPOSE.  IF  THE OWNER OR LANDLORD OR THEIR AGENT DOES NOT MAKE
 S. 4006--C                         163                        A. 3006--C

 SUCH APPLICATION WITHIN FIVE DAYS THEREAFTER; OR, HAVING MADE  IT,  DOES
 NOT IN GOOD FAITH DILIGENTLY PROSECUTE IT, THE ENFORCEMENT AGENCY GIVING
 THE NOTICE MAY BRING A PROCEEDING UNDER THIS ARTICLE FOR SUCH REMOVAL AS
 THOUGH  THE  PETITIONER  WERE THE OWNER OR LANDLORD OF THE PREMISES, AND
 SHALL HAVE PRECEDENCE OVER ANY SIMILAR PROCEEDING THEREAFTER BROUGHT  BY
 SUCH  OWNER  OR  LANDLORD  OR TO ONE THERETOFORE BROUGHT BY THEM AND NOT
 PROSECUTED DILIGENTLY AND IN GOOD FAITH. AN ENFORCEMENT  AGENCY  AUTHOR-
 IZED  TO BRING A PETITION HEREUNDER MAY DO SO ON THEIR OWN INITIATIVE OR
 UPON A REFERRAL FROM AN AGENCY OF THE STATE OR  A  SUBDIVISION  THEREOF.
 THE  PERSON  IN  POSSESSION  OF  THE  PROPERTY, AS WELL AS ANY LESSEE OR
 SUBLESSEE AND THE OWNER OR LANDLORD SHALL BE  MADE  RESPONDENTS  IN  THE
 PROCEEDING.
   2.  A  COURT, UPON A FINDING OF SUCH VIOLATION MAY, IN ADDITION TO ANY
 OTHER ORDER PROVIDED BY LAW:
   (A) GRANT A PETITION PURSUANT TO THIS SECTION ORDERING  THE  IMMEDIATE
 REMOVAL OF SUCH TENANT;
   (B)  IMPOSE  AND  REQUIRE  THE PAYMENT BY ANY RESPONDENT NOT OTHERWISE
 SUBJECT TO A CIVIL PENALTY UNDER SECTION SIXTEEN OR ONE HUNDRED  TWENTY-
 FIVE OF THE CANNABIS LAW, WHO HAS BEEN FOUND TO HAVE KNOWINGLY PERMITTED
 SUCH  A  VIOLATION, A CIVIL PENALTY NOT EXCEEDING THREE TIMES THE AMOUNT
 OF RENT CHARGED FOR THE DURATION OF THE VIOLATION;
   (C) ORDER THE PAYMENT OF REASONABLE ATTORNEYS FEES AND  THE  COSTS  OF
 THE PROCEEDING TO THE PETITIONER; AND
   (D)  ORDER  THAT  ANY  SUCH  MULTIPLE RESPONDENTS SHALL BE JOINTLY AND
 SEVERALLY LIABLE FOR ANY PAYMENT SO ORDERED UNDER THIS SUBDIVISION.
   3. FOR THE PURPOSES OF A PROCEEDING UNDER THIS SECTION, AN ENFORCEMENT
 AGENCY OF THE STATE OR OF A SUBDIVISION THEREOF, WHICH  MAY  COMMENCE  A
 PROCEEDING  UNDER  THIS  SECTION,  MAY  SUBPOENA WITNESSES, COMPEL THEIR
 ATTENDANCE, EXAMINE THEM UNDER OATH BEFORE THEMSELVES  OR  A  COURT  AND
 REQUIRE THAT ANY BOOKS, RECORDS, DOCUMENTS OR PAPERS RELEVANT OR MATERI-
 AL  TO THE INQUIRY BE TURNED OVER TO THEM FOR INSPECTION, EXAMINATION OR
 AUDIT, PURSUANT TO THE CIVIL PRACTICE LAW AND RULES.
   4. THE USE OR OCCUPANCY OF PREMISES SOLELY OR PRIMARILY FOR THE  UNLI-
 CENSED  RETAIL SALE OF CANNABIS SHALL CONSTITUTE AN ILLEGAL TRADE, MANU-
 FACTURE, OR OTHER BUSINESS FOR THE PURPOSES OF SECTION TWO HUNDRED THIR-
 TY-ONE OF THE REAL PROPERTY LAW.
   § 22. Section 2.10 of the criminal procedure law is amended by  adding
 a new subdivision 86 to read as follows:
   86. INVESTIGATORS APPOINTED BY THE CANNABIS CONTROL BOARD, PURSUANT TO
 SECTION TEN OF THE CANNABIS LAW; PROVIDED, HOWEVER, THAT NOTHING IN THIS
 SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFICER TO CARRY, POSSESS,
 REPAIR,  OR DISPOSE OF A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFOR
 HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
   § 23. This act shall take effect immediately; provided, however,  that
 the  provisions  of section 16-a of the cannabis law as added by section
 twelve of this act shall expire and be deemed repealed on May 1, 2028.
 
                                  PART VV
 
   Section 1. This Part enacts into law major components  of  legislation
 relating  to  securing  orders,  mandatory arrests for domestic violence
 cases, and data collection. Each component is wholly contained within  a
 Subpart  identified as Subparts A through C. The effective date for each
 particular provision contained within such Subpart is set forth  in  the
 last  section  of  such  Subpart. Any provision in any section contained
 within a Subpart, including the effective date  of  the  Subpart,  which
 S. 4006--C                         164                        A. 3006--C
 
 makes reference to a section "of this act", when used in connection with
 that  particular  component,  shall  be  deemed to mean and refer to the
 corresponding section of the Subpart in which it is found. Section three
 of this Part sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section  1. The opening paragraph and paragraphs (d) and (f) of subdi-
 vision 3-a and subdivision 5 of section 500.10 of the criminal procedure
 law, the opening paragraph and paragraph (d) as  amended  and  paragraph
 (f) of subdivision 3-a as added by section 1 of part UU of chapter 56 of
 the laws of 2020 and subdivision 5 as amended by section 1-e of part JJJ
 of chapter 59 of the laws of 2019, are amended to read as follows:
   "Release  under non-monetary conditions." A court releases a principal
 under non-monetary conditions  when,  having  acquired  control  over  a
 person, it authorizes the person to be at liberty during the pendency of
 the  criminal  action or proceeding involved under conditions ordered by
 the court[, which]. THE CONDITIONS ORDERED shall [be the least  restric-
 tive  conditions  that  will] REFLECT THE FINDINGS OF THE INDIVIDUALIZED
 DETERMINATION WARRANTING SUCH IMPOSITION OF NON-MONETARY  CONDITIONS  TO
 reasonably  assure the principal's return to court and reasonably assure
 the principal's compliance with court conditions. A principal shall  not
 be  required  to pay for any part of the cost of release on non-monetary
 conditions. Such conditions may include, among other conditions  reason-
 able under the circumstances:
   (d)  that, [when it is shown pursuant to] UPON A FINDING IN ACCORDANCE
 WITH subdivision four of section 510.45 of this  title  [that  no  other
 realistic  non-monetary condition or set of non-monetary conditions will
 suffice to reasonably assure the person's return to court],  the  person
 be  placed  in  reasonable pretrial supervision with a pretrial services
 agency serving principals in that county, PROVIDED, HOWEVER  THAT  WHERE
 NON-MONETARY CONDITIONS ARE IMPOSED IN COMBINATION WITH A SECURING ORDER
 ALSO  FIXING BAIL, THE COURT SHALL NOT BE REQUIRED TO MAKE SUCH SEPARATE
 FINDING;
   (f) that the principal be referred to a pretrial services  agency  for
 placement  in  mandatory  programming,  including counseling, treatment,
 INCLUDING BUT NOT LIMITED  TO  MENTAL  HEALTH  AND  CHEMICAL  DEPENDENCE
 TREATMENT,  and  intimate  partner violence intervention programs. Where
 applicable, the court may REFER THE PRINCIPAL TO A CRISIS  STABILIZATION
 CENTER OR direct THAT the principal be removed to a hospital pursuant to
 section 9.43 of the mental hygiene law;
   5.  "Securing  order" means an order of a court committing a principal
 to the custody of the sheriff  or  fixing  bail,  where  authorized,  or
 releasing the principal on the principal's own recognizance or releasing
 the principal under non-monetary conditions, OR, AS OTHERWISE AUTHORIZED
 UNDER  THIS  TITLE, ORDERING NON-MONETARY CONDITIONS IN CONJUNCTION WITH
 FIXING BAIL.
   § 2. The opening paragraph of subdivision 1,  subdivision  3  and  the
 opening  paragraph  of  subdivision  4 of section 510.10 of the criminal
 procedure law, the opening paragraph of  subdivision  1  as  amended  by
 section  1  of  subpart  C of part UU of chapter 56 of the laws of 2022,
 subdivision 3 as added by section 2 of part JJJ of  chapter  59  of  the
 laws  of  2019, and the opening paragraph of subdivision 4 as amended by
 section 2 of part UU of chapter 56 of the laws of 2020, are amended  and
 a new opening paragraph is added to read as follows:
 S. 4006--C                         165                        A. 3006--C
 
   THE  IMPOSITION  OF A SPECIFIC TYPE OF SECURING ORDER IS IN SOME CASES
 REQUIRED BY LAW AND IN OTHER CASES WITHIN THE DISCRETION OF THE COURT IN
 ACCORDANCE WITH THE PRINCIPLES OF, AND PURSUANT TO ITS AUTHORITY GRANTED
 UNDER, THIS TITLE.
   When  a  principal, whose future court attendance at a criminal action
 or proceeding is or may be required, comes under the control of a court,
 such court shall[,] IMPOSE A SECURING  ORDER  in  accordance  with  this
 title[, by a securing order release the principal on the principal's own
 recognizance,  release  the principal under non-monetary conditions, or,
 where authorized, fix bail or commit the principal to the custody of the
 sheriff. In all such cases, except where another type of securing  order
 is  shown  to  be required by law, the court shall release the principal
 pending trial on the principal's own recognizance, unless it  is  demon-
 strated  and].  EXCEPT  AS  OTHERWISE REQUIRED BY LAW, the court [makes]
 SHALL MAKE an individualized determination  [that]  AS  TO  WHETHER  the
 principal poses a risk of flight to avoid prosecution, CONSIDER THE KIND
 AND  DEGREE OF CONTROL OR RESTRICTION NECESSARY TO REASONABLY ASSURE THE
 PRINCIPAL'S RETURN TO COURT, AND SELECT A SECURING ORDER CONSISTENT WITH
 ITS DETERMINATION UNDER THIS SUBDIVISION. [If such a  finding  is  made,
 the court must select the least restrictive alternative and condition or
 conditions that will reasonably assure the principal's return to court.]
 The  court  shall explain THE BASIS FOR ITS DETERMINATION AND its choice
 of [release, release with conditions, bail or remand] SECURING ORDER  on
 the  record  or  in  writing. In making [its] A determination UNDER THIS
 SUBDIVISION, the court must consider and  take  into  account  available
 information about the principal, including:
   3.  In  cases  other  than  as  described  in subdivision four of this
 section, the court shall release the  principal  pending  trial  on  the
 principal's own recognizance, unless the court finds on the record or in
 writing  that  release  on  the  principal's  own  recognizance will not
 reasonably assure the principal's return to court.  In  such  instances,
 the  court  shall  release the principal under non-monetary conditions[,
 selecting the least restrictive alternative and conditions] AS  PROVIDED
 FOR  IN  SUBDIVISION  THREE-A  OF SECTION 500.10 OF THIS TITLE that will
 reasonably assure the principal's  return  to  court.  The  court  shall
 explain its choice of [alternative and conditions] SECURING ORDER on the
 record or in writing.
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, OR ORDER NON-MONETARY  CONDITIONS  IN
 CONJUNCTION  WITH FIXING BAIL, or, where the defendant is charged with a
 qualifying offense which is a felony, the court may commit the principal
 to the custody of the sheriff. A principal stands charged with a  quali-
 fying offense for the purposes of this subdivision when he or she stands
 charged with:
   §  3.  Subdivision  1  and  paragraph  (b) of subdivision 2 of section
 510.20 of the criminal procedure law, as amended by section  3  of  part
 JJJ of chapter 59 of the laws of 2019, are amended and a new subdivision
 3 is added to read as follows:
   1.  Upon  any  occasion  when a court has issued a securing order with
 respect to a principal and the principal is confined in the  custody  of
 the  sheriff  as  a  result of the securing order or a previously issued
 securing order, the principal may make an application for  recognizance,
 release  under  non-monetary conditions [or], bail, A REDUCTION OF BAIL,
 S. 4006--C                         166                        A. 3006--C
 
 OR IMPOSITION OF NON-MONETARY CONDITIONS IN CONJUNCTION WITH BAIL  OR  A
 REDUCTION OF BAIL.
   (b)  Upon such application, the principal must be accorded an opportu-
 nity to be heard, present evidence and  to  contend  that  an  order  of
 recognizance,  release  under  non-monetary conditions or, where author-
 ized, bail, A REDUCTION OF BAIL, OR IMPOSITION  OF  NON-MONETARY  CONDI-
 TIONS  IN  CONJUNCTION  WITH BAIL OR A REDUCTION OF BAIL, must or should
 issue, that the court should release the principal  on  the  principal's
 own  recognizance or under non-monetary conditions rather than fix bail,
 OR WHERE BAIL HAS BEEN IMPOSED, REDUCE THE AMOUNT  OF  BAIL  AND  IMPOSE
 NON-MONETARY  CONDITIONS, WHERE AUTHORIZED UNDER THIS TITLE, and that if
 bail is authorized and fixed it should be  in  a  suggested  amount  and
 form.
   3. WHEN AN APPLICATION FOR A CHANGE IN SECURING ORDER IS BROUGHT UNDER
 THIS  SECTION  AND  ONE  OR  MORE OF THE CHARGE OR CHARGES ON WHICH SUCH
 SECURING ORDER WAS BASED HAVE BEEN DISMISSED AND/OR  REDUCED  SUCH  THAT
 THE  SECURING  ORDER IS NO LONGER SUPPORTED BY THE PROVISIONS OF SECTION
 510.10 OF THIS ARTICLE, THE COURT SHALL IMPOSE A NEW SECURING  ORDER  IN
 ACCORDANCE WITH SUCH SECTION.
   § 4. Subdivision 1 of section 510.30 of the criminal procedure law, as
 amended  by  section 2 of subpart C of part UU of chapter 56 of the laws
 of 2022, is amended to read as follows:
   1. With respect to any principal,  the  court  in  all  cases,  unless
 otherwise  provided  by law, must impose [the least restrictive kind and
 degree of control or restriction that is necessary to secure the princi-
 pal's return to court when required. In  determining  that  matter,  the
 court  must,  on  the  basis of available information, consider and take
 into account information about the principal that  is  relevant  to  the
 principal's return to court, including:
   (a) The principal's activities and history;
   (b) If the principal is a defendant, the charges facing the principal;
   (c) The principal's criminal conviction record if any;
   (d)  The  principal's  record  of  previous adjudication as a juvenile
 delinquent, as retained pursuant to section 354.2 of  the  family  court
 act,  or,  of  pending cases where fingerprints are retained pursuant to
 section 306.1 of such act, or a youthful offender, if any;
   (e) The principal's previous record with respect to  flight  to  avoid
 criminal prosecution;
   (f)  If monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and, in cases where bail is authorized, the principal's ability to  post
 bail  without  posing  undue  hardship, as well as his or her ability to
 obtain a secured, unsecured, or partially secured bond;
   (g) any violation by the principal of an order of protection issued by
 any court;
   (h) the principal's history of use or possession of a firearm;
   (i) whether the charge is alleged to have caused serious  harm  to  an
 individual or group of individuals; and
   (j) If the principal is a defendant, in the case of an application for
 a  securing  order  pending  appeal,  the  merit or lack of merit of the
 appeal] A SECURING ORDER IN ACCORDANCE WITH SECTION 510.10 OF THIS ARTI-
 CLE, AND SHALL EXPLAIN THE BASIS FOR ITS  DETERMINATION  AND  CHOICE  OF
 SECURING ORDER ON THE RECORD OR IN WRITING.
   §  5.  Subdivision  3  and  paragraph  (b) of subdivision 4 of section
 510.40 of the criminal procedure law, as added by section 6 of part  JJJ
 of chapter 59 of the laws of 2019, are amended to read as follows:
 S. 4006--C                         167                        A. 3006--C
 
   3.  Non-monetary  conditions  of  release  shall be individualized and
 established in writing by the court. At future  court  appearances,  the
 court shall consider a lessening of conditions or modification of condi-
 tions to a less burdensome form based on the principal's compliance with
 such  conditions of release. In the event of alleged non-compliance with
 the conditions of release in an  important  respect,  pursuant  to  this
 subdivision,  additional  conditions may be imposed by the court, on the
 record or in writing, only after notice of the facts  and  circumstances
 of  such  alleged  non-compliance,  reasonable  under the circumstances,
 affording the principal and the principal's attorney and the  people  an
 opportunity to present relevant, admissible evidence, relevant witnesses
 and  to  cross-examine  witnesses, and a finding by clear and convincing
 evidence that the principal violated a condition of release in an impor-
 tant respect. Following such a finding, in determining whether to impose
 additional conditions for non-compliance, the court shall  consider  and
 may  select conditions [consistent with the court's obligation to impose
 the least restrictive condition or conditions] AS PROVIDED FOR IN SUBDI-
 VISION THREE-A OF SECTION 500.10 OF  THIS  TITLE  that  will  reasonably
 assure  the  defendant's return to court. The court shall explain on the
 record or in writing the reasons  for  its  determination  and  for  any
 changes to the conditions imposed.
   (b)  The  specific  method of electronic monitoring of the principal's
 location must be approved by the court. [It must be the  least  restric-
 tive] THE procedure and method [that will] OF SUCH ELECTRONIC MONITORING
 SHALL  REFLECT THE FINDINGS OF THE INDIVIDUALIZED DETERMINATION WARRANT-
 ING SUCH IMPOSITION OF ELECTRONIC MONITORING TO  reasonably  assure  the
 principal's  return  to  court, and SHALL BE unobtrusive to the greatest
 extent practicable.
   § 6. Paragraph (a) and the  opening  paragraph  of  paragraph  (b)  of
 subdivision  1,  and  the  opening paragraph of subdivision 2 of section
 530.20 of the criminal procedure law, paragraph (a) of subdivision 1  as
 amended  by  section 3 of subpart C of part UU of chapter 56 of the laws
 of 2022, the opening paragraph of paragraph (b) as amended by section  3
 of  part UU of chapter 56 of the laws of 2020, and the opening paragraph
 of subdivision 2 as amended by section 16 of part JJJ of chapter  59  of
 the laws of 2019, are amended to read as follows:
   (a) In cases other than as described in paragraph (b) of this subdivi-
 sion, the court shall release the principal pending trial on the princi-
 pal's  own  recognizance[,  unless the court finds on the record] or [in
 writing that] release [on] the [principal's own  recognizance  will  not
 reasonably  assure  the  principal's return to court. In such instances,
 the court shall release the] principal PENDING TRIAL under  non-monetary
 conditions,  [selecting the least restrictive alternative and conditions
 that will reasonably assure the principal's return to court] THE  DETER-
 MINATION  FOR  WHICH SHALL BE MADE IN ACCORDANCE WITH SUBDIVISION ONE OF
 SECTION 510.10 OF THIS TITLE.  The court shall explain THE BASIS FOR its
 DETERMINATION AND choice of [alternative and conditions] SECURING  ORDER
 on  the  record  or  in writing. [In making its determination, the court
 must consider and take into  account  available  information  about  the
 principal, including:
   (i) the principal's activities and history;
   (ii)  if  the principal is a defendant, the charges facing the princi-
 pal;
   (iii) the principal's criminal conviction record if any;
   (iv) the principal's record of previous  adjudication  as  a  juvenile
 delinquent,  as  retained  pursuant to section 354.1 of the family court
 S. 4006--C                         168                        A. 3006--C

 act, or of pending cases where fingerprints  are  retained  pursuant  to
 section 306.1 of such act, or a youthful offender, if any;
   (v)  the  principal's  previous record with respect to flight to avoid
 criminal prosecution;
   (vi) if monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and, in cases where bail is authorized, the principal's ability to  post
 bail  without  posing  undue  hardship, as well as his or her ability to
 obtain a secured, unsecured, or partially secured bond;
   (vii) any violation by the principal of an order of protection  issued
 by any court;
   (viii) the principal's history and use or possession of a firearm;
   (ix)  whether  the charge is alleged to have caused serious harm to an
 individual or group of individuals; and
   (x) if the principal is a defendant, in the case of an application for
 a securing order pending appeal, the merit  or  lack  of  merit  of  the
 appeal.]
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix  bail,  ORDER  NON-MONETARY  CONDITIONS  IN
 CONJUNCTION  WITH FIXING BAIL, or, where the defendant is charged with a
 qualifying offense which is a felony, the court may commit the principal
 to the custody of the sheriff. The court shall  explain  its  choice  of
 [release, release with conditions, bail or remand] SECURING ORDER on the
 record  or  in  writing.  A  principal  stands charged with a qualifying
 offense when he or she stands charged with:
   When the defendant is charged, by felony complaint, with a felony, the
 court may, in its discretion, AND IN ACCORDANCE WITH SECTION  510.10  OF
 THIS  TITLE,  order recognizance, release under non-monetary conditions,
 or, where authorized, FIX bail,  OR  ORDER  NON-MONETARY  CONDITIONS  IN
 CONJUNCTION  WITH FIXING BAIL, or commit the defendant to the custody of
 the sheriff except as otherwise provided  in  subdivision  one  of  this
 section or this subdivision:
   §  7.  The closing paragraph of subdivision 1 of section 530.30 of the
 criminal procedure law, as amended by section 17 of part JJJ of  chapter
 59 of the laws of 2019, is amended to read as follows:
   In  such  case, such superior court judge may vacate the order of such
 local criminal court and release the defendant on recognizance or  under
 non-monetary  conditions,  or  where  authorized,  fix  bail in a lesser
 amount or in a less burdensome form, [whichever are the  least  restric-
 tive  alternative  and]  OR  ORDER  NON-MONETARY  conditions  [that will
 reasonably assure the defendant's return to court] IN  CONJUNCTION  WITH
 FIXING  BAIL,  INCLUDING  FIXING  BAIL  IN  A LESSER AMOUNT OR IN A LESS
 BURDENSOME FORM, THE DETERMINATION FOR WHICH SHALL BE MADE IN ACCORDANCE
 WITH SECTION 510.10 OF THIS TITLE.  The court shall  explain  THE  BASIS
 FOR  its DETERMINATION AND choice of [alternative and conditions] SECUR-
 ING ORDER on the record or in writing.
   § 8. Subdivision 3 and the  opening  paragraph  of  subdivision  4  of
 section  530.40  of the criminal procedure law, subdivision 3 as amended
 by section 3 of subpart B of part UU of chapter 56 of the laws  of  2022
 and  the  opening  paragraph of subdivision 4 as amended by section 4 of
 part UU of chapter 56 of the laws  of  2020,  are  amended  to  read  as
 follows:
   3.  In  cases  other  than  as  described  in subdivision four of this
 section the court shall release the principal pending trial on the prin-
 S. 4006--C                         169                        A. 3006--C
 
 cipal's own recognizance[, unless the court finds on the record] or  [in
 writing  that]  release  [on] the [principal's own recognizance will not
 reasonably assure the principal's return to court.  In  such  instances,
 the  court shall release the] principal PENDING TRIAL under non-monetary
 conditions, [selecting the least restrictive alternative and  conditions
 that  will reasonably assure the principal's return to court] THE DETER-
 MINATION FOR WHICH SHALL BE MADE IN ACCORDANCE WITH  SECTION  510.10  OF
 THIS  TITLE. The court shall explain THE BASIS FOR its DETERMINATION AND
 choice of [alternative and conditions] SECURING ORDER on the  record  or
 in  writing.  [In  making its determination, the court must consider and
 take into account available information about the principal, including:
   (a) the principal's activities and history;
   (b) if the principal is a defendant, the charges facing the principal;
   (c) the principal's criminal conviction record if any;
   (d) the principal's record of  previous  adjudication  as  a  juvenile
 delinquent,  as  retained  pursuant to section 354.1 of the family court
 act, or of pending cases where fingerprints  are  retained  pursuant  to
 section 306.1 of such act, or a youthful offender, if any;
   (e)  the  principal's  previous record with respect to flight to avoid
 criminal prosecution;
   (f) if monetary bail is authorized, according to the restrictions  set
 forth in this title, the principal's individual financial circumstances,
 and,  in cases where bail is authorized, the principal's ability to post
 bail without posing undue hardship, as well as his  or  her  ability  to
 obtain a secured, unsecured, or partially secured bond;
   (g) any violation by the principal of an order of protection issued by
 any court;
   (h) the principal's history and use or possession of a firearm;
   (i)  whether  the  charge is alleged to have caused serious harm to an
 individual or group of individuals; and
   (j) if the principal is a defendant, in the case of an application for
 a securing order pending appeal, the merit  or  lack  of  merit  of  the
 appeal.]
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion, AND IN
 ACCORDANCE WITH SECTION 510.10 OF  THIS  TITLE,  release  the  principal
 pending  trial on the principal's own recognizance or under non-monetary
 conditions, fix bail, OR ORDER NON-MONETARY  CONDITIONS  IN  CONJUNCTION
 WITH  FIXING  BAIL, or, where the defendant is charged with a qualifying
 offense which is a felony, the court may commit  the  principal  to  the
 custody of the sheriff. The court shall explain THE BASIS FOR ITS DETER-
 MINATION  AND  its  choice of [release, release with conditions, bail or
 remand] SECURING ORDER on the record or in writing. A  principal  stands
 charged  with  a qualifying offense for the purposes of this subdivision
 when he or she stands charged with:
   § 9. Subdivisions 1 and 2-a of section 530.45 of the  criminal  proce-
 dure  law, subdivision 1 as amended by section 19 of part JJJ of chapter
 59 of the laws of 2019, and subdivision 2-a as added  by  section  9  of
 part  UU  of  chapter  56  of  the  laws of 2020, are amended to read as
 follows:
   1. When the defendant is at liberty in the course of a criminal action
 as a result of a prior SECURING order [of  recognizance,  release  under
 non-monetary  conditions  or  bail] and the court revokes such order and
 then, where authorized, fixes no bail [or],  fixes  bail  in  a  greater
 amount  or  in  a more burdensome form than was previously fixed, OR, IN
 CONJUNCTION WITH THE IMPOSITION OF NON-MONETARY CONDITIONS,  FIXES  BAIL
 S. 4006--C                         170                        A. 3006--C
 
 IN  A  GREATER  AMOUNT  OR IN A MORE BURDENSOME FORM THAN WAS PREVIOUSLY
 FIXED and remands or commits defendant to the custody of the sheriff, or
 issues a more restrictive securing order, a judge designated in subdivi-
 sion  two  of  this section, upon application of the defendant following
 conviction of an offense other than a class A felony or  a  class  B  or
 class  C  felony offense as defined in article one hundred thirty of the
 penal law committed or attempted to be committed by  a  person  eighteen
 years  of age or older against a person less than eighteen years of age,
 and before sentencing, may  issue  a  securing  order  and  release  the
 defendant  on  the  defendant's  own recognizance, release the defendant
 under non-monetary conditions, or,  where  authorized,  fix  bail  [or],
 WHICH  MAY  BE IN CONJUNCTION WITH THE IMPOSITION OF NON-MONETARY CONDI-
 TIONS, fix bail in a lesser amount or in a less burdensome  form,  WHICH
 MAY BE IN CONJUNCTION WITH THE IMPOSITION OF NON-MONETARY CONDITIONS, or
 issue  a  less  restrictive  securing  order, than fixed by the court in
 which the conviction was entered.
   2-a. Notwithstanding the provisions of  subdivision  four  of  section
 510.10,  paragraph (b) of subdivision one of section 530.20 and subdivi-
 sion four of section 530.40 of this title, when a defendant charged with
 an offense that is not such a qualifying offense is  convicted,  whether
 by  guilty  plea or verdict, in such criminal action or proceeding of an
 offense that is not a qualifying offense, the court may,  in  accordance
 with law, issue a securing order: releasing the defendant on the defend-
 ant's  own  recognizance  or under non-monetary conditions where author-
 ized, fix bail, OR ORDERING NON-MONETARY CONDITIONS IN CONJUNCTION  WITH
 FIXING BAIL, or remand the defendant to the custody of the sheriff where
 authorized.
   § 10. Subdivisions 2 and 3 of section 530.50 of the criminal procedure
 law,  subdivision  2  as added by section 10 of part UU of chapter 56 of
 the laws of 2020, and subdivision 3 as added by section 4 of  subpart  D
 of  part  UU  of  chapter 56 of the laws of 2022, are amended to read as
 follows:
   2. Notwithstanding the  provisions  of  subdivision  four  of  section
 510.10,  paragraph (b) of subdivision one of section 530.20 and subdivi-
 sion four of section 530.40 of this title, when a defendant charged with
 an offense that is not such a qualifying offense applies, pending deter-
 mination of an appeal, for an order of recognizance or release  on  non-
 monetary  conditions,  where  authorized,  [or] fixing bail, OR ORDERING
 NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL, a judge identi-
 fied in subdivision two of section 460.50 or paragraph (a)  of  subdivi-
 sion  one of section 460.60 of this chapter may, in accordance with law,
 and except as otherwise provided by law, issue a securing order: releas-
 ing the defendant on the defendant's own recognizance or under non-mone-
 tary conditions where authorized, fixing bail, OR ORDERING  NON-MONETARY
 CONDITIONS  IN  CONJUNCTION WITH FIXING BAIL, or remanding the defendant
 to the custody of the sheriff where authorized.
   3. Where an appeal by the people has been taken from an order dismiss-
 ing one or more counts of an accusatory instrument for failure to comply
 with a discovery order pursuant to subdivision twelve of section  450.20
 of  this  chapter and the defendant is charged with a qualifying offense
 in the remaining counts in the accusatory instrument,  pending  determi-
 nation  of  an  appeal, the defendant may apply for an order of recogni-
 zance or release on  non-monetary  conditions,  where  authorized,  [or]
 fixing  bail,  OR  ORDERING  NON-MONETARY CONDITIONS IN CONJUNCTION WITH
 FIXING BAIL. A judge identified in subdivision two of section 460.50  of
 this  chapter  or  paragraph (a) of subdivision one of section 460.60 of
 S. 4006--C                         171                        A. 3006--C
 
 this chapter may, in  accordance  with  law,  and  except  as  otherwise
 provided  by  law, issue a securing order releasing the defendant on the
 defendant's own recognizance  or  under  non-monetary  conditions  where
 authorized, fixing bail, OR ORDERING NON-MONETARY CONDITIONS IN CONJUNC-
 TION  WITH FIXING BAIL, or remanding the defendant to the custody of the
 sheriff where authorized.
   § 11. The opening paragraph of paragraph (b), and  the  closing  para-
 graph  of  subparagraph  (i)  and  subparagraph (ii) of paragraph (d) of
 subdivision 2 of section  530.60  of  the  criminal  procedure  law,  as
 amended by section 20 of part JJJ of chapter 59 of the laws of 2019, are
 amended  and  a new subparagraph (iii) of paragraph (d) is added to read
 as follows:
   Except as provided in paragraph (a) of this subdivision or  any  other
 law, whenever in the course of a criminal action or proceeding a defend-
 ant  charged with the commission of an offense is at liberty as a result
 of [an order of recognizance, release under non-monetary  conditions  or
 bail]  A  SECURING  ORDER  issued  pursuant  to this article it shall be
 grounds for revoking such order and [fixing bail] IMPOSING A NEW  SECUR-
 ING  ORDER  IN  ACCORDANCE  WITH  PARAGRAPH (D) OF THIS SUBDIVISION, THE
 BASIS FOR WHICH SHALL BE MADE ON THE RECORD OR IN WRITING, in such crim-
 inal action or proceeding  when  the  court  has  found,  by  clear  and
 convincing evidence, that the defendant:
   Upon  expiration  of  any  of  the three periods specified within this
 subparagraph, whichever is shortest, the court may grant or deny release
 upon an order of bail or recognizance in accordance with the  provisions
 of this article. Upon conviction to an offense the provisions of article
 five hundred thirty of this chapter shall apply; [and]
   (ii)  Under  SUBPARAGRAPH  (I)  OF  paragraph (b) of this subdivision,
 revocation of [the order of  recognizance,  release  under  non-monetary
 conditions  or,  as  the case may be, bail] A PREVIOUSLY ISSUED SECURING
 ORDER shall result in the issuance of a new securing order which may, if
 otherwise authorized by law, permit the principal's release on  recogni-
 zance  or  release  under non-monetary conditions, but shall also render
 the defendant eligible for an order fixing bail, OR  ORDERING  NON-MONE-
 TARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL, provided, however, that
 in  accordance  with the principles in this title the court must [select
 the least restrictive alternative and condition or conditions that  will
 reasonably assure the principal's return to court] IMPOSE A NEW SECURING
 ORDER  IN  ACCORDANCE  WITH  SUBDIVISION  ONE  OF SECTION 510.10 OF THIS
 TITLE, AND IN  IMPOSING  SUCH  ORDER,  MAY  CONSIDER  THE  CIRCUMSTANCES
 WARRANTING SUCH REVOCATION. Nothing in this subparagraph shall be inter-
 preted  as shortening the period of detention, or requiring or authoriz-
 ing any less restrictive form of a securing order, which may be  imposed
 pursuant to any other law[.]; AND
   (III)  UNDER  SUBPARAGRAPHS  (II), (III), AND (IV) OF PARAGRAPH (B) OF
 THIS SUBDIVISION, REVOCATION OF A PREVIOUSLY ISSUED SECURING ORDER SHALL
 RESULT IN THE ISSUANCE OF A NEW SECURING ORDER WHICH MAY,  IF  OTHERWISE
 AUTHORIZED  BY  LAW,  PERMIT  THE PRINCIPAL'S RELEASE ON RECOGNIZANCE OR
 RELEASE UNDER NON-MONETARY CONDITIONS, BUT SHALL ALSO RENDER THE DEFEND-
 ANT ELIGIBLE FOR AN ORDER FIXING BAIL OR  ORDERING  NON-MONETARY  CONDI-
 TIONS  IN  CONJUNCTION  WITH  FIXING  BAIL.  IN ISSUING THE NEW SECURING
 ORDER, THE COURT SHALL CONSIDER  THE  KIND  AND  DEGREE  OF  CONTROL  OR
 RESTRICTION  NECESSARY  TO  REASONABLY  ASSURE THE PRINCIPAL'S RETURN TO
 COURT AND COMPLIANCE WITH COURT CONDITIONS, AND SELECT A SECURING  ORDER
 CONSISTENT  WITH  ITS  DETERMINATION,  TAKING  INTO  ACCOUNT THE FACTORS
 REQUIRED TO BE CONSIDERED UNDER SUBDIVISION ONE  OF  SECTION  510.10  OF
 S. 4006--C                         172                        A. 3006--C
 
 THIS TITLE, THE CIRCUMSTANCES WARRANTING SUCH REVOCATION, AND THE NATURE
 AND  EXTENT  OF  THE  PRINCIPAL'S  NONCOMPLIANCE WITH PREVIOUSLY ORDERED
 NON-MONETARY CONDITIONS OF THE  SECURING  ORDER  SUBJECT  TO  REVOCATION
 UNDER THIS SUBDIVISION. NOTHING IN THIS SUBPARAGRAPH SHALL BE INTERPRET-
 ED  AS  SHORTENING  THE PERIOD OF DETENTION, OR REQUIRING OR AUTHORIZING
 ANY LESS RESTRICTIVE FORM OF A SECURING  ORDER,  WHICH  MAY  BE  IMPOSED
 PURSUANT TO ANY OTHER LAW.
   §  12.  This act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                 SUBPART B
 
   Section 1. Paragraph (a) of subdivision 1 of  section  150.20  of  the
 criminal procedure law, as amended by section 1-a of part JJJ of chapter
 59 of the laws of 2019, is amended to read as follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of  this title to arrest a person without a warrant for an offense other
 than a class A, B, C or D felony  or  a  violation  of  section  130.25,
 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, [he] OR OTHER
 THAN WHERE AN ARREST IS REQUIRED TO BE MADE PURSUANT TO SUBDIVISION FOUR
 OF SECTION 140.10 OF THIS TITLE, THE OFFICER shall, except as set out in
 paragraph (b) of this subdivision, subject to the provisions of subdivi-
 sions  three  and four of section 150.40 of this title, instead issue to
 and serve upon such person an appearance ticket.
   § 2. Subdivision 2 of section 150.20 of the criminal procedure law, as
 amended by chapter 550 of the laws  of  1987,  is  amended  to  read  as
 follows:
   2.  (a)  Whenever,  PURSUANT TO SECTION 140.10 OF THIS TITLE, a police
 officer has arrested a person without a warrant  for  an  offense  other
 than  a  class  A,  B,  C  or D felony or a violation of section 130.25,
 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law OR OTHER  THAN
 WHERE  AN ARREST WAS REQUIRED TO BE MADE pursuant to SUBDIVISION FOUR OF
 section 140.10 OF THIS TITLE, or (b) whenever a peace  officer,  who  is
 not  authorized  by  law  to  issue an appearance ticket, has arrested a
 person for an offense other than a class A,  B,  C  or  D  felony  or  a
 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of
 the  penal  law pursuant to section 140.25 OF THIS TITLE, and SUCH PEACE
 OFFICER has requested a police officer to  issue  and  serve  upon  such
 arrested  person  an  appearance  ticket pursuant to subdivision four of
 section 140.27 OF THIS TITLE, or (c) whenever a person has been arrested
 for an offense other than a class A, B, C or D felony or a violation  of
 section  130.25,  130.40,  205.10, 205.17, 205.19 or 215.56 of the penal
 law and SUCH PERSON has been delivered to the custody of an  appropriate
 police  officer  pursuant  to  section 140.40 OF THIS TITLE, such police
 officer may, instead of bringing such person  before  a  local  criminal
 court  and  promptly  filing  or  causing the arresting peace officer or
 arresting person to file a local criminal  court  accusatory  instrument
 therewith,  issue  to  and  serve upon such person an appearance ticket.
 [The issuance and service of an appearance  ticket  under  such  circum-
 stances  may  be  conditioned upon a deposit of pre-arraignment bail, as
 provided in section 150.30.]
   § 3. Subdivisions 2 and 3 of section 140.20 of the criminal  procedure
 law,  as amended by chapter 550 of the laws of 1987, are amended to read
 as follows:
   2. If the arrest is for an offense other than a class A,  B,  C  or  D
 felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
 S. 4006--C                         173                        A. 3006--C
 
 or 215.56 of the penal law, OR OTHER THAN WHERE AN ARREST IS REQUIRED TO
 BE MADE  PURSUANT TO SUBDIVISION FOUR OF SECTION 140.10 OF THIS ARTICLE,
 the arrested person need not be brought before a local criminal court as
 provided  in  subdivision  one,  and  the  procedure  may  instead be as
 follows:
   (a) A police officer may issue and serve an appearance ticket upon the
 arrested person and release him from custody, as prescribed in  subdivi-
 sion two of section 150.20 OF THIS TITLE; or
   (b)  The  desk  officer  in charge at a police station, county jail or
 police headquarters, or any of his superior officers, may, in such place
 fix pre-arraignment bail and, upon deposit thereof, issue and  serve  an
 appearance  ticket  upon the arrested person and release him from custo-
 dy[, as prescribed in section 150.30].
   3. [If] OTHER THAN WHERE AN ARREST IS REQUIRED TO BE MADE PURSUANT  TO
 SUBDIVISION FOUR OF SECTION 140.10 OF THIS ARTICLE, IF (a) the arrest is
 for  an offense other than a class A, B, C or D felony or a violation of
 section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56  of  the  penal
 law,  and  (b)  owing  to  unavailability  of a local criminal court the
 arresting police officer is unable to bring the arrested  person  before
 such  a  court  with  reasonable promptness, either an appearance ticket
 must be served unconditionally upon the arrested person or  pre-arraign-
 ment  bail  must be fixed, as prescribed in subdivision two. If pre-arr-
 aignment bail is fixed but not  posted,  such  arrested  person  may  be
 temporarily  held in custody but must be brought before a local criminal
 court without unnecessary delay. Nothing contained in  this  subdivision
 requires a police officer to serve an appearance ticket upon an arrested
 person or release him from custody at a time when such person appears to
 be under the influence of alcohol, narcotics or other drug to the degree
 that he may endanger himself or other persons.
   § 4. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section  1.  Subdivision  5  of  section  216 of the judiciary law, as
 amended by section 1 of subpart G of part UU of chapter 56 of  the  laws
 of 2022, is amended to read as follows:
   5.  The  chief  administrator  of  the courts, in conjunction with the
 division of criminal justice services, shall  collect  data  and  report
 every six months regarding pretrial release and detention. Such data and
 report  shall contain information categorized by age, gender, racial and
 ethnic background;  regarding  the  nature  of  the  criminal  offenses,
 including the top charge of each case; the number and type of charges in
 each  defendant's criminal record; whether the prosecutor requested that
 the court fix bail, the amounts and  forms  of  bail  requested  by  the
 prosecutor,  and  the  amounts  and  forms of bail set by the court; the
 number of individuals released on recognizance; the number  of  individ-
 uals  released  on  non-monetary  conditions,  including  the conditions
 imposed; the number of individuals committed to the custody of a sheriff
 prior to trial; the rates of failure to appear and rearrest; the outcome
 of such cases or dispositions; the length of the pretrial detention stay
 and any other such information as the chief administrator and the  divi-
 sion  of  criminal  justice services may find necessary and appropriate.
 FURTHER, THE CHIEF ADMINISTRATOR OF THE COURTS SHALL  COLLECT  DATA  AND
 REPORT  EVERY MONTH REGARDING PRETRIAL COMMITMENTS TO LOCAL CORRECTIONAL
 FACILITIES. SUCH DATA SHALL INCLUDE BUT NOT BE LIMITED TO  AGE,  GENDER,
 RACIAL  AND  ETHNIC  BACKGROUND OF THE PRINCIPAL; BOTH BEGINNING AND END
 S. 4006--C                         174                        A. 3006--C
 
 DATES OF PRETRIAL COMMITMENT TO THE CUSTODY OF THE SHERIFF;  TOTAL  DAYS
 OF  PRETRIAL  COMMITMENT  TO  THE  CUSTODY  OF  THE SHERIFF; THE TYPE OF
 COMMITMENT ORDERED BY THE COURT; THE TOP CHARGE AT ARREST  AND  ARRAIGN-
 MENT; AND WHETHER THE PRINCIPAL HAD BEEN PREVIOUSLY RELEASED FROM CUSTO-
 DY  IN THE CASE. Such report shall aggregate the data collected by coun-
 ty; court, including city, town and village courts; and judge. The  data
 shall  be  aggregated  in  order  to  protect the identity of individual
 defendants. The report shall be released publicly and published  on  the
 websites of the office of court administration and the division of crim-
 inal justice services. The first report shall be published twelve months
 after  this  subdivision shall have become a law, and shall include data
 from the first six months  following  the  enactment  of  this  section.
 Reports for subsequent periods shall be published every six months ther-
 eafter;  PROVIDED,  HOWEVER,  THAT THE PRETRIAL DETENTION ADMISSIONS AND
 DISCHARGES REPORT WILL BE PUBLISHED EVERY MONTH.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Subparts A through C of this act shall
 be as specifically set forth in the last section of such Subparts.
   § 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 VV of this act shall be
 as specifically set forth in the last section of such Parts.