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
 ________________________________________________________________________
 
                                  4006--B
 
                             I N  S E N A T E
 
                             February 1, 2023
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read twice and ordered printed, and  when  printed
   to  be  committed to the Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the education law, in relation to contracts  for  excel-
   lence;  to  amend the education law, in relation to foundation aid; 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 universal prekin-
   dergarten funding utilizations and  implementations  plan  report;  to
   amend  the  education  law, in relation to transitional guidelines and
   rules; to amend the education law, in relation to universal prekinder-
   garten expansions and universal  prekindergarten  aid;  to  amend  the
   education  law,  in  relation to extending provisions of the statewide
   universal full-day prekindergarten program;  to  amend  the  education
   law,  in  relation to certain moneys apportioned; 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12572-04-3
 S. 4006--B                          2
 
   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; 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;  to  amend
   the  education  law,  in  relation to extending employment preparation
   education programs; 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 the effec-
   tiveness of such provisions; and to  amend chapter 308 of the laws  of
   2012,  amending  the general municipal law relating to providing local
   governments greater contract flexibility and cost savings  by  permit-
   ting  certain    shared  purchasing  among  political subdivisions, in
   relation to the effectiveness thereof (Part A); to amend the education
   law and chapter 537 of the laws of 1976, relating to  paid,  free  and
   reduced   price  breakfast  for  eligible  pupils  in  certain  school
   districts, in relation to establishment of and/or funding provided  to
   schools  for meal assistance, education of students with disabilities,
   career education, and music  and  art  education  (Part  A-1);  inten-
   tionally  omitted (Part B); to amend the education law, in relation to
   providing access to medication  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  liabil-
   ity company law, in relation to certified public accountants (Part E);
   to  amend  the  general  municipal  law and the public housing law, in
   relation to enacting the new homes targets and  production  incentives
   act  (Part  F);  intentionally  omitted  (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); intentionally omitted (Part I); to amend the  multi-
   ple  dwelling  law,  in relation to modernizing regulations for office
   building  conversions;  and  providing  for  the  repeal  of   certain
   provisions  of  such  law  relating  thereto (Subpart A); to amend the
   labor law and the real property tax law, in relation to exemption from
   local real property taxation of certain multiple dwellings in  a  city
   having  a  population of one million or more (Subpart B); to amend the
   labor law and the real property tax law, in relation to exemptions  of
   eligible  conversions  to  rental multiple dwellings (Subpart C) (Part
   J); intentionally omitted (Part K); intentionally  omitted  (Part  L);
   intentionally omitted (Part M); intentionally omitted (Part N); inten-
   tionally  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); intentionally omitted (Part
   S); intentionally omitted (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 residential school place-
   ments, in relation to the effectiveness thereof  (Part  V);  to  amend
 S. 4006--B                          3
 
   subpart  A  of  chapter  57  of  the  laws of 2012 amending the social
   services law and the family court act relating to establishing a juve-
   nile 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  relating  to
   juvenile  delinquents, in relation to making such provisions permanent
   (Part W); to amend the social services law, in relation  to  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  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 month-
   ly need for aged, blind and disabled persons living in  the  community
   (Part  Z);  to  amend  the labor law, in relation to including Stewart
   International Airport in the definition of  covered  airport  location
   for  the  purposes of minimum wage rates (Part AA); to amend the labor
   law, in relation to sick leave for  domestic  workers  (Part  BB);  to
   amend  the  education  law,  in relation to excluding certain graduate
   students from  mandatory  fees  (Part  CC);  to  amend  the  veterans'
   services  law,  the military law and the executive law, in relation to
   establishing the Alex R. Jimenez New  York  state  military  immigrant
   family  legacy program (Part DD); to amend the social services law, in
   relation to allowances for the costs of diapers (Part  EE);  to  amend
   the arts and cultural affairs law and the economic development law, in
   relation  to  creating  the  arts  and cultural district (Part FF); to
   amend the public housing law, in relation to establishing the  housing
   access  voucher  program  (Part  GG);  to  amend the education law, in
   relation to the registration of new curricula  or  programs  of  study
   offered  by a not-for-profit college or university (Part HH); to amend
   the social  services  law,  in  relation  to  assisting  persons  with
   medically diagnosed HIV infection; and repealing certain provisions of
   such  law relating thereto (Part II); to amend the public housing law,
   in relation to enacting the "NYCHA utility accountability  act"  (Part
   JJ);  to  amend  the social services law, in relation to providing for
   the automated identification  of  affordability  program  participants
   (Part KK); to amend the state finance law, in relation to establishing
   the  New  York state youth sports initiative grants fund (Part LL); to
   amend the social services law, in relation to establishing a statewide
   presumptive eligibility standard for the receipt of child care assist-
   ance (Part MM); to amend the education law, in relation  to  requiring
   nursing  certificate and degree education programs to include clinical
   education and allowing for a portion of such clinical education to  be
   completed  through  simulation  experience (Part NN); establishing the
   special  joint  legislative  commission  on  affordable  housing;  and
   providing  for  the  repeal of such provisions upon expiration thereof
   (Part OO); to amend the education law, in relation to  establishing  a
   Black  Leadership  Institute  within  the State University of New York
   (Part PP); to amend the education law, in relation to allowing  cadets
   enrolled at SUNY Maritime college to use scholarship money on any cost
   associated  with attendance (Part QQ); and to amend the education law,
   in relation to increasing the income  eligibility  threshold  for  the
   tuition assistance program (Part RR)
 S. 4006--B                          4
 
   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 RR. 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
 S. 4006--B                          5
 
 year  and  provided  further  that,  a  school district that submitted a
 contract for excellence for  the  two  thousand  thirteen--two  thousand
 fourteen  school year, unless all schools in the district are identified
 as  in good standing, shall submit a contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand fourteen school year;  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 fourteen--two thousand fifteen school year, unless all  schools  in  the
 district are identified as in good standing, shall submit a contract for
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year which shall, notwithstanding the requirements of subparagraph  (vi)
 of  paragraph  a  of  subdivision  two  of this section, provide for the
 expenditure of an amount  which  shall  be  not  less  than  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further  that a school district that submitted a contract for excellence
 for the two thousand fifteen--two thousand sixteen school  year,  unless
 all  schools  in  the district are identified as in good standing, shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of subparagraph (vi) of paragraph a of subdivision two of this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  fifteen--two  thousand sixteen school year; and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the two thousand sixteen--two thousand seventeen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 seventeen--two thousand eighteen school year which shall,  notwithstand-
 ing  the requirements of subparagraph (vi) of paragraph a of subdivision
 two of this section, provide for the  expenditure  of  an  amount  which
 shall  be  not  less than the amount approved by the commissioner in the
 contract for excellence  for  the  two  thousand  sixteen--two  thousand
 seventeen  school year; and provided further that a school district that
 submitted a contract for excellence for the two thousand  seventeen--two
 thousand  eighteen  school  year, unless all schools in the district are
 identified as in good standing, shall submit a contract  for  excellence
 for  the  two thousand eighteen--two thousand nineteen school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than the  amount  approved  by  the
 commissioner  in the contract for excellence for the two thousand seven-
 teen--two thousand eighteen school year; and provided  further  that,  a
 school  district  that  submitted  a contract for excellence for the two
 thousand eighteen--two thousand nineteen school year, unless all schools
 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
 S. 4006--B                          6
 
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  nineteen--two  thousand  twenty  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing,  shall  submit  a contract for excellence for the two thousand
 twenty--two thousand twenty-one school year which shall, notwithstanding
 the requirements of subparagraph (vi) of paragraph a of subdivision  two
 of this section, provide for the expenditure of an amount which shall be
 not  less  than  the amount approved by the commissioner in the contract
 for excellence for the two thousand nineteen--two thousand twenty school
 year; and provided further that, a  school  district  that  submitted  a
 contract  for excellence for the two thousand twenty--two thousand twen-
 ty-one school year, unless all schools in the district are identified as
 in good standing, shall submit a contract for  excellence  for  the  two
 thousand  twenty-one--two  thousand  twenty-two school year which shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner  in  the contract for excellence for the two thousand twenty--two
 thousand twenty-one school year; and provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 twenty-one--two thousand twenty-two school year, unless all  schools  in
 the district are identified as in good standing, shall submit a contract
 for  excellence  for  the  two thousand twenty-two--two thousand twenty-
 three school year  which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand twenty-one--two thousand  twenty-two  school  year;
 AND  PROVIDED  FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT
 FOR EXCELLENCE FOR THE TWO  THOUSAND  TWENTY-TWO--TWO  THOUSAND  TWENTY-
 THREE  SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS
 IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR  EXCELLENCE  FOR  THE  TWO
 THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR WHICH SHALL,
 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
 S. 4006--B                          7
 
 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
 AID  BASE  COMPUTED  PURSUANT  TO PARAGRAPH J OF SUBDIVISION ONE OF THIS
 SECTION.
   § 3. Intentionally omitted.
   § 4.  Intentionally omitted.
   § 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
 S. 4006--B                          8

 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
 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
 S. 4006--B                          9
 
 [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
 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-
 S. 4006--B                         10
 
 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. UNIVERSAL PREKINDERGARTEN FUNDING  UTILIZATION  AND  IMPLEMENTATION
 PLAN REPORTING. A. ALL SCHOOL DISTRICTS WHICH ARE ELIGIBLE TO RECEIVE AN
 APPORTIONMENT UNDER THIS SECTION OR SECTION THIRTY-SIX HUNDRED TWO-EE OF
 THIS PART BUT WHICH HAVE NOT IMPLEMENTED OR EXPANDED A UNIVERSAL PREKIN-
 DERGARTEN  PROGRAM  SHALL  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 ORGANIZATIONS IN THE CURRENT YEAR; (III) THE
 NUMBER OF FOUR-YEAR-OLD PREKINDERGARTEN STUDENTS WHOSE PARENT OR GUARDI-
 AN  HAS APPLIED FOR A SEAT FOR THEM IN THE CURRENT YEAR, BUT TO WHOM THE
 DISTRICT LACKS CAPACITY TO OFFER A SEAT; (IV) INFORMATION  ON  FINANCIAL
 AND  PROGRAMMATIC  BARRIERS  IN  IMPLEMENTING  UNIVERSAL PREKINDERGARTEN
 PROGRAMS; (V) ABSENT FUNDING AND PROGRAMMATIC BARRIERS, DETAILS  ON  WHY
 UNIVERSAL PREKINDERGARTEN PROGRAMS HAVE NOT BEEN ESTABLISHED OR EXPANDED
 DESPITE  AVAILABLE  FUNDING;  (VI)  ANY  OTHER  INFORMATION AVAILABLE TO
 DISTRICTS AND NECESSARY TO ACCURATELY  ESTIMATE  THE  UNMET  DEMAND  FOR
 FOUR-YEAR-OLD  PREKINDERGARTEN SERVICES WITHIN THE DISTRICT; AND (VII) A
 THREE-YEAR IMPLEMENTATION PLAN DETAILING HOW THE SCHOOL DISTRICT INTENDS
 TO UTILIZE AVAILABLE FUNDING TO START AND EXPAND UNIVERSAL PREKINDERGAR-
 TEN PROGRAMS PURSUANT TO THIS  SECTION  OR  SECTION  THIRTY-SIX  HUNDRED
 TWO-EE  OF  THIS PART.   THIS REPORT, WITH THE THREE-YEAR IMPLEMENTATION
 PLAN, SHALL BE DUE NO LATER THAN SEPTEMBER FIRST, TWO  THOUSAND  TWENTY-
 THREE  TO THE DEPARTMENT AS PART OF THE APPLICATION PRESCRIBED IN SUBDI-
 VISION FIVE OF THIS SECTION AND SHALL BE POSTED ON THE SCHOOL DISTRICT'S
 WEBSITE.  THE DEPARTMENT SHALL COLLATE THE DATA AND THREE-YEAR IMPLEMEN-
 TATION PLANS INTO A REPORT DUE NO LATER THAN JANUARY FIRST, TWO THOUSAND
 TWENTY-FOUR TO THE GOVERNOR, THE DIVISION OF BUDGET, THE TEMPORARY PRES-
 IDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE  SPEAKER  OF
 THE  ASSEMBLY,  AND  THE  MINORITY LEADER OF THE ASSEMBLY, AND POST SUCH
 REPORT ON THE DEPARTMENT'S WEBSITE.    BEGINNING  SEPTEMBER  FIRST,  TWO
 THOUSAND  TWENTY-FOUR, THROUGH SEPTEMBER FIRST, TWO THOUSAND TWENTY-SIX,
 SCHOOL DISTRICTS SUBJECT TO THIS SECTION  SHALL  SUBMIT  ANNUAL  REPORTS
 DETAILING THE STATUS AND PROGRESS OF THE THREE-YEAR IMPLEMENTATION PLAN,
 WITH  THE LAST REPORT DESCRIBING THE THIRD AND FINAL YEAR OF IMPLEMENTA-
 TION,  TO THE DEPARTMENT AS PART OF THE APPLICATION PRESCRIBED IN SUBDI-
 VISION FIVE OF THIS SECTION AND SHALL POST SUCH  REPORT  ON  THE  SCHOOL
 DISTRICT'S WEBSITE. BEGINNING JANUARY  FIRST,  TWO  THOUSAND TWENTY-FIVE
 THE  DEPARTMENT  SHALL  ANNUALLY  COLLATE  THE SUBMITTED SCHOOL DISTRICT
 THREE-YEAR IMPLEMENTATION PLAN PROGRESS REPORTS TO BE DELIVERED  TO  THE
 GOVERNOR, THE DIVISION OF BUDGET, THE TEMPORARY PRESIDENT OF THE SENATE,
 THE  MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
 MINORITY LEADER OF THE ASSEMBLY, AND POST SUCH  REPORT  ON  THE  DEPART-
 MENT'S WEBSITE.
   §  12-a.  The  opening  paragraph  of subdivision 6 of section 3602 of
 education law, as amended by chapter 355 of the laws of 2016, is amended
 to read as follows:
   Apportionment for capital outlays and debt service for school building
 purposes. Any apportionment to a school district pursuant to this subdi-
 vision shall be based upon base year approved expenditures  for  capital
 S. 4006--B                         11

 outlays  incurred prior to July first, two thousand one from its general
 fund, capital fund or reserved funds and current year approved  expendi-
 tures for debt service, including debt service for refunding bond issues
 eligible  for  an apportionment pursuant to paragraph g of this subdivi-
 sion and lease or other annual payments to the New York city educational
 construction fund created by article ten of this chapter or the city  of
 Yonkers  educational  construction fund created by article ten-B of this
 chapter which have been pledged to secure the payment of bonds, notes or
 other obligations issued by the fund to finance the construction, acqui-
 sition, reconstruction, rehabilitation  or  improvement  of  the  school
 portion  of  combined occupancy structures, or for lease or other annual
 payments to the New York state urban development corporation created  by
 chapter  one hundred seventy-four of the laws of nineteen hundred sixty-
 eight, pursuant to agreement  between  such  school  district  and  such
 corporation  relating  to the construction, acquisition, reconstruction,
 rehabilitation or improvement of any  school  building,  or  for  annual
 payments  to  the dormitory authority pursuant to any lease, sublease or
 other agreement relating to  the  financing,  refinancing,  acquisition,
 design,   construction,   reconstruction,  rehabilitation,  improvement,
 furnishing and equipping of, or otherwise provide  for  school  district
 capital  facilities  or school district capital equipment made under the
 provisions of section sixteen hundred eighty of the  public  authorities
 law,  or  for  annual  payments pursuant to any lease, sublease or other
 agreement relating to the financing, refinancing,  acquisition,  design,
 construction,  reconstruction,  rehabilitation,  improvement, furnishing
 and equipping of, or otherwise providing for educational facilities of a
 city school district under the provisions of section sixteen of  chapter
 six  hundred five of the laws of two thousand, or for payments, pursuant
 to any assignment authorized by  section  twenty-seven  hundred  ninety-
 nine-tt of the public authorities law, of debt service in furtherance of
 funding the five-year educational facilities capital plan of the city of
 New  York  school district or related debt service costs and expenses as
 set forth in such section, for annual payments pursuant  to  any  lease,
 sublease  or  other  agreement  relating  to the financing, refinancing,
 design,  reconstruction,  rehabilitation,  improvement,  furnishing  and
 equipping of, or otherwise providing for projects authorized pursuant to
 the  city  of  Syracuse  and  the  board of education of the city school
 district of the city of Syracuse cooperative school reconstruction  act,
 for  annual  payments pursuant to any lease, sublease or other agreement
 relating to the financing, refinancing, design, reconstruction, rehabil-
 itation, improvement, furnishing and equipping of, or otherwise  provid-
 ing  for  projects  authorized pursuant to the city of Rochester and the
 board of education of the city school district of the city of  Rochester
 school  facilities modernization program act, for annual payments pursu-
 ant to any lease, sublease or other agreement relating to the financing,
 refinancing,  design,  construction,   reconstruction,   rehabilitation,
 improvement,  furnishing  and  equipping  of, or otherwise providing for
 projects authorized pursuant to the Yonkers city school district facili-
 ties modernization program act, or for lease,  lease-purchase  or  other
 annual  payments  to  another  school district or person, partnership or
 corporation pursuant to  an  agreement  made  under  the  provisions  of
 section  four  hundred three-b, subdivision eight of section twenty-five
 hundred three, or subdivision six of section twenty-five hundred  fifty-
 four  of this chapter, provided that the apportionment for such lease or
 other annual payments under  the  provisions  of  section  four  hundred
 three-b,  subdivision  eight  of  section  twenty-five hundred three, or
 S. 4006--B                         12
 
 subdivision six of section twenty-five hundred fifty-four of this  chap-
 ter,  other  than payments under a lease-purchase agreement or an equiv-
 alent agreement, shall  be  based  upon  approved  expenditures  in  the
 current  year.  Approved  expenditures for capital outlays from a school
 district's general  fund,  capital  fund  or  reserved  funds  that  are
 incurred  on  or after July first, two thousand two, and are not aidable
 pursuant to subdivision six-f of this section, shall be aidable as  debt
 service under an assumed amortization established pursuant to paragraphs
 e  and  j  of  this  subdivision. In any such case approved expenditures
 shall be only for new construction, reconstruction, purchase of existing
 structures, for site purchase and  improvement,  for  new  garages,  for
 original  equipment,  furnishings,  machinery,  or  apparatus,  and  for
 professional fees and other costs incidental  to  such  construction  or
 reconstruction,  or  purchase  of  existing structures. In the case of a
 lease or lease-purchase  agreement  entered  pursuant  to  section  four
 hundred  three-b, subdivision eight of section twenty-five hundred three
 or subdivision six of section twenty-five  hundred  fifty-four  of  this
 chapter,  approved  expenditures  for the lease or other annual payments
 shall not include the costs of heat, electricity, water or other  utili-
 ties or the costs of operation or maintenance of the leased facility. An
 apportionment  shall  be  available  pursuant  to  this  subdivision for
 construction, reconstruction, rehabilitation or improvement in a  build-
 ing,  or  portion thereof, being leased by a school district only if the
 lease is for a term of at least ten years subsequent to the date of  the
 general  construction  contract  for  such construction, reconstruction,
 rehabilitation or improvement. Each school district shall prepare a five
 year capital facilities plan, pursuant to regulations developed  by  the
 commissioner  for  such  purpose,  provided  that  in the case of a city
 school district in a city having a population of one million inhabitants
 or more, such facilities  plan  shall  comply  with  the  provisions  of
 section  twenty-five  hundred ninety-p of this chapter and this subdivi-
 sion. Such plan shall include, but not be limited to, a building  inven-
 tory,  and  estimated  expense  of facility needs, for new construction,
 additions, alterations, reconstruction, major repairs,  energy  consump-
 tion  and maintenance by school building, as appropriate. Such five year
 plan shall include a priority ranking of projects and shall  be  amended
 if  necessary  to  reflect  subsequent on-site evaluations of facilities
 conducted by state supported contractors.   NOTWITHSTANDING ANY    OTHER
 PROVISION OF LAW, ALL SCHOOL DISTRICTS THAT ARE ELIGIBLE FOR FUNDING FOR
 UNIVERSAL  PREKINDERGARTEN  PROGRAMS  PURSUANT  TO  SECTIONS  THIRTY-SIX
 HUNDRED TWO-E AND THIRTY-SIX HUNDRED TWO-EE OF THIS PART,  ARE  ELIGIBLE
 FOR  BUILDING  AID  FOR THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION OR
 LEASES OF ANY SCHOOL BUILDING PROJECT FOR THE PURPOSE OF SERVING PREKIN-
 DERGARTEN STUDENTS AND TO ENSURE PREKINDERGARTEN IS UNIVERSAL.
   § 12-b. Subdivision 6 of section 408 of the education law, as  amended
 by  chapter  385 of the laws of 1994, and as further amended by subdivi-
 sion (d) of section 1 of part W of chapter 56 of the laws  of  2010,  is
 amended and a new subdivision 7 is added to read as follows:
   6.  The  commissioner  may  promulgate  regulations  relating  to  the
 purchase of existing school buildings. Such  regulations  shall  provide
 for  an  appraisal of such buildings as school buildings and the land on
 which they are situated as school sites by the commissioner of  taxation
 and  finance,  such estimates of the cost of renovation and construction
 as may be necessary and limitations on the cost of acquisition and reno-
 vation, in taking into consideration  the  age  and  condition  of  such
 existing  buildings, in relation to the estimated cost of constructing a
 S. 4006--B                         13
 
 new building containing comparable facilities. Such regulations may also
 require the prior  approval  of  the  commissioner  of  any  renovations
 proposed to be made to such existing school buildings.  SUCH REGULATIONS
 SHALL  INCLUDE  PROVISIONS  RELATED  TO  THE  CONSTRUCTION, ACQUISITION,
 RECONSTRUCTION OR LEASES OF ANY SCHOOL BUILDING PROJECT FOR THE  PURPOSE
 OF  SERVING  PREKINDERGARTEN  STUDENTS  AND TO ENSURE PREKINDERGARTEN IS
 UNIVERSAL, PURSUANT TO SECTIONS THIRTY-SIX HUNDRED TWO-E AND  THIRTY-SIX
 HUNDRED TWO-EE OF THIS CHAPTER.
   7.  THE  COMMISSIONER  SHALL ISSUE GUIDANCE TO ALL SCHOOL DISTRICTS ON
 HOW TO UTILIZE  BUILDING  AID  TO  ESTABLISH  AND  EXPAND  DISTRICT  RUN
 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
 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-
 S. 4006--B                         14
 
 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).
   §  13-a.  Subparagraph (ix) of the opening paragraph of subdivision 10
 of section 3602-e of the education law, as added by section 17-c of part
 A of chapter 56 of the laws of 2022, is amended and a  new  subparagraph
 (x) is added to read as follows:
   (ix) for the two thousand twenty-two--two thousand twenty-three school
 year and thereafter, each school district shall be eligible to receive a
 grant  amount  equal  to  the  sum  of (A) the amount set forth for such
 school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput-
 er file produced by the commissioner in support of  the  enacted  budget
 for  the  prior  year  excluding  amounts  subject to section thirty-six
 hundred two-ee of this part and further excluding amounts paid  pursuant
 to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old
 Universal  Prekindergarten  Expansion  added  pursuant to paragraph e of
 subdivision nineteen of this section, provided that such school district
 has met all requirements pursuant to this section and such grants  shall
 be  added  into  a  four-year-old  grant amount based on the amount each
 district was eligible to receive in the base year to serve four-year-old
 prekindergarten pupils, plus (C) funds allocated pursuant to a universal
 prekindergarten expansion under subdivision twenty of this section as of
 the school aid computer listing produced by the commissioner in  support
 of  the  enacted  budget  for the current year, provided that such grant
 amounts shall be divided into a four-year-old grant amount based on  the
 amount  each  district was eligible to receive in the base year to serve
 four-year-old prekindergarten pupils, if any, and a three-year-old grant
 amount based on the amount each district was eligible to receive in  the
 base  year  to serve three-year-old pupils, if any, and provided further
 that the maximum grant shall not exceed the total actual grant  expendi-
 tures  incurred  by  the  school  district in the current school year as
 approved by the commissioner[.], AND
   (X) FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL
 YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A
 GRANT AMOUNT EQUAL TO THE GREATER OF THE AMOUNT PROVIDED UNDER  SUBPARA-
 GRAPH (IX) OF THIS PARAGRAPH OR THE PRODUCT OF (A) THE SUM OF (1) ELIGI-
 BLE  HALF-DAY  THREE-YEAR-OLD  PREKINDERGARTEN PUPILS WEIGHTED AT 0.5 AS
 DEFINED IN CLAUSE TWO OF SUBPARAGRAPH  (III)  OF  PARAGRAPH  B  OF  THIS
 SUBDIVISION,  PLUS  (2) ELIGIBLE FULL-DAY THREE-YEAR-OLD PREKINDERGARTEN
 PUPILS AS DEFINED IN CLAUSE TWO OF SUBPARAGRAPH (II) OF PARAGRAPH  B  OF
 THIS SUBDIVISION, PLUS (3) ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKINDERGAR-
 TEN  PUPILS  WEIGHTED  AT  0.5  AS DEFINED IN CLAUSE ONE OF SUBPARAGRAPH
 (III) OF PARAGRAPH B OF THIS SUBDIVISION,  PLUS  (4)  ELIGIBLE  FULL-DAY
 FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN CLAUSE ONE OF SUBPAR-
 AGRAPH  (II)  OF  PARAGRAPH  B OF THIS SUBDIVISION, PLUS (5) FOR THE TWO
 THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR ONLY, EXPAN-
 SION  SLOTS  PURSUANT  TO  SUBDIVISION  NINETEEN  OF  THIS  SECTION  FOR
 S. 4006--B                         15
 
 DISTRICTS ELIGIBLE UNDER SUCH SUBDIVISION, MULTIPLIED BY (B) THE GREATER
 OF  (1)  TWICE  SELECTED  AID  PER  PREKINDERGARTEN  PUPIL AS DEFINED IN
 SUBPARAGRAPH (I) OF PARAGRAPH B OF THIS SUBDIVISION OR (2) SIX  THOUSAND
 NINE HUNDRED DOLLARS ($6,900), PROVIDED THAT THE MAXIMUM GRANT SHALL NOT
 EXCEED  THE  TOTAL  ACTUAL  GRANT  EXPENDITURES  INCURRED  BY THE SCHOOL
 DISTRICT IN THE CURRENT SCHOOL YEAR AS APPROVED BY THE COMMISSIONER.
   § 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 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
 S. 4006--B                         16
 
 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--two  thousand  twenty-three]
 TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR school year, "moneys
 apportioned" shall mean the lesser of (i) the sum of one hundred percent
 of  the  respective amount set forth for each school district as payable
 pursuant to this section in the school  aid  computer  listing  for  the
 current year produced by the commissioner in support of the budget which
 includes  the  appropriation  for the general support for public schools
 for the prescribed payments and individualized  payments  due  prior  to
 April  first  for the current year plus the apportionment payable during
 the current school year pursuant to subdivision  six-a  and  subdivision
 fifteen  of  section  thirty-six  hundred  two  of  this  part minus any
 reductions to current year aids pursuant to subdivision seven of section
 thirty-six hundred four of this part or any deduction from apportionment
 payable pursuant to this chapter for collection  of  a  school  district
 basic contribution as defined in subdivision eight of section forty-four
 hundred  one  of  this  chapter,  less  any  grants provided pursuant to
 subparagraph two-a of paragraph b of subdivision four of  section  nine-
 ty-two-c  of the state finance law, less any grants provided pursuant to
 subdivision five of section ninety-seven-nnnn of the state finance  law,
 less any grants provided pursuant to subdivision twelve of section thir-
 ty-six  hundred  forty-one  of  this  article, or (ii) the apportionment
 calculated by the commissioner based on data on file  at  the  time  the
 payment  is  processed;  provided  however, that for the purposes of any
 payments made pursuant to this section prior to the first  business  day
 of  June  of  the current year, moneys apportioned shall not include any
 aids payable pursuant to subdivisions six and fourteen,  if  applicable,
 of  section  thirty-six hundred two of this part as current year aid for
 debt service on bond anticipation notes and/or bonds first issued in the
 current year or any aids  payable  for  full-day  kindergarten  for  the
 current  year pursuant to subdivision nine of section thirty-six hundred
 two of this part. The definitions of "base year" and "current  year"  as
 set  forth  in subdivision one of section thirty-six hundred two of this
 part shall apply to this section. For aid payable in  the  two  thousand
 S. 4006--B                         17

 [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".
   § 19. Intentionally omitted.
   §  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 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 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
 S. 4006--B                         18
 
 WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
 AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
   § 22. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
 ing  a  program for work force education conducted by the consortium for
 worker education in New York city, as amended by section 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. 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 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 for the purpose of developing a new tuition rate-setting methodology
 to  be  implemented by the two thousand twenty-eight--two thousand twen-
 ty-nine school year and thereafter.   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; as well as the review and  consideration
 of  standardized parameters and criteria, including, but not limited to,
 defined  program  and  staffing  models,  regional  costs,  and  minimum
 S. 4006--B                         19
 
 required  enrollment levels as a percentage of program operating capaci-
 ties.
   2.  The  recommended alternative rate-setting methodology or methodol-
 ogies proposed for such preschool and school-age providers shall  strive
 to:    (a)  ensure  the  fiscal  stability of such schools and programs,
 including the provision of annual increase  in  reimbursement,  for  the
 provision  of  a  free  appropriate  public education in accordance with
 applicable program standards pursuant to federal and state law and regu-
 lation; (b) provide predictability in annual  funding  levels  for  such
 schools  and programs; (c) reduce or eliminate tuition rate appeals; (d)
 include a schedule to phase in new tuition rates in accordance with  the
 recommended  methodology  or  methodologies;  and (e) enable issuance of
 school year tuition rates by the start of each such school year.
   3. The education department  shall  present  its  recommendations  and
 analysis  to  the  governor, the division of the budget and the legisla-
 ture, through their respective finance and ways and means chairs, educa-
 tion chairs, and ranking members of such committees, no later than  July
 1,  2025, provided, however, that the department shall regularly consult
 with  the  division  of  the  budget  and  the  legislature   throughout
 completion  of its study. Adoption of any alternative rate-setting meth-
 odologies shall be subject to the approval of the director of the  divi-
 sion of the budget; provided, however, any requested amendments or disa-
 greement  to  such  recommendations  made  by  the  department  would be
 outlined and provided in writing, along with justification and  analysis
 for  such provided by the division of budget to the governor, the tempo-
 rary president of the senate, the minority leader  of  the  senate,  the
 speaker of the assembly, and the minority leader of the assembly.
   § 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.
 S. 4006--B                         20

   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
 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
 S. 4006--B                         21
 
 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
 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
 S. 4006--B                         22
 
 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
 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
 S. 4006--B                         23
 
 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:
   (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.
   §  33-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:
   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--two thousand twen-
 ty-three] AND THEREAFTER, the commissioner may set aside an  amount  not
 to  exceed  two  million  five  hundred  thousand dollars from the funds
 appropriated for purposes of this subdivision for the purpose of serving
 persons twenty-one years of age or older who have not been  enrolled  in
 any  school  for  the  preceding school year, including persons who have
 received a high school diploma or high school  equivalency  diploma  but
 fail  to  demonstrate basic educational competencies as defined in regu-
 lation by the  commissioner,  when  measured  by  accepted  standardized
 tests, and who shall be eligible to attend employment preparation educa-
 tion programs operated pursuant to this subdivision.
   § 33-b. Subdivision a of section 5 of chapter 121 of the laws of 1996,
 relating  to  authorizing  the  Roosevelt  union free school district to
 finance deficits by the issuance of serial bonds, as amended by  section
 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 school year] AND THEREAFTER, four million dollars
 ($4,000,000)[; for  the  2023-24  school  year,  three  million  dollars
 S. 4006--B                         24

 ($3,000,000);   for   the  2024-25  school  year,  two  million  dollars
 ($2,000,000);  for  the  2025-26  school  year,  one   million   dollars
 ($1,000,000);  and  for  the  2026-27 school year, zero dollars].   Such
 annual  application  shall  be  made  after  the  board of education has
 adopted a resolution to do so with the approval of the  commissioner  of
 education.
   §  33-c.  Section  2  of  chapter 308 of the laws of 2012 amending the
 general municipal law relating to providing  local  governments  greater
 contract  flexibility  and  cost  savings  by  permitting certain shared
 purchasing among political subdivisions, as amended by chapter 95 of the
 laws of 2021, is amended to read as follows:
   § 2. This act shall take effect immediately, and shall expire  and  be
 deemed repealed July 31, [2023] 2025.
   § 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,  five,  eight,  nine,  ten, eleven, fourteen,
 fifteen, sixteen, eighteen, thirty-one, thirty-three, thirty-three-a and
 thirty-three-b of this act shall take effect July 1, 2023; and
   2. 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 A-1
 
   Section 1. The education law is amended by adding a new section  915-a
 to read as follows:
   §  915-A.  UNIVERSAL SCHOOL MEALS. 1. THE DEPARTMENT SHALL REQUIRE ALL
 PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS  IN  THE
 STATE  THAT  PARTICIPATE  IN THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL
 BREAKFAST PROGRAM AS PROVIDED IN THE RICHARD B. RUSSELL NATIONAL  SCHOOL
 LUNCH  ACT  AND  THE CHILD NUTRITION ACT, AS AMENDED, TO SERVE BREAKFAST
 AND LUNCH AT NO COST TO THE STUDENT.  PUBLIC SCHOOL  DISTRICTS,  CHARTER
 SCHOOLS  AND NON-PUBLIC SCHOOLS SHALL MAXIMIZE FEDERAL REIMBURSEMENT FOR
 SCHOOL BREAKFAST AND LUNCH PROGRAMS BY ADOPTING PROVISION 2, THE FEDERAL
 COMMUNITY ELIGIBILITY PROVISION, OR ANY OTHER PROVISION UNDER SUCH  ACT,
 THE NATIONAL SCHOOL LUNCH ACT OR THE NATIONAL CHILD NUTRITION ACT.
   2.  THE  DEPARTMENT  SHALL REIMBURSE THE DIFFERENCE BETWEEN THE AMOUNT
 PAID BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE FREE RATE AS
 SET ANNUALLY BY THE UNITED STATES  SECRETARY  OF  AGRICULTURE  UNDER  42
 U.S.C. 1759A FOR EACH SCHOOL.
   3.  THE  DEPARTMENT  IN  CONSULTATION WITH THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE SHALL PROMULGATE ANY RULE OR REGULATION NEEDED FOR
 S. 4006--B                         25
 
 PUBLIC SCHOOL DISTRICTS,  CHARTER  SCHOOLS  AND  NON-PUBLIC  SCHOOLS  TO
 PROMOTE  THE  SUPPLEMENTAL  NUTRITION ASSISTANCE PROGRAM TO A STUDENT OR
 PERSON IN PARENTAL RELATION TO A STUDENT BY EITHER PROVIDING APPLICATION
 ASSISTANCE OR A DIRECT REFERRAL TO AN OUTREACH PARTNER IDENTIFIED BY THE
 DEPARTMENT  TO  THE  OFFICE  OF  TEMPORARY  AND DISABILITY ASSISTANCE TO
 INCREASE THE NUMBER OF STUDENTS DIRECTLY CERTIFIED FOR FREE  OR  REDUCED
 PRICE SCHOOL MEALS.
   4.  IN  ADDITION  TO FULFILLING ANY OTHER APPLICABLE STATE AND FEDERAL
 REQUIREMENTS, THE  DEPARTMENT  SHALL  PROVIDE  TECHNICAL  ASSISTANCE  TO
 ASSIST  PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS
 IN THE TRANSITION TO UNIVERSAL SCHOOL MEALS TO ENSURE SUCCESSFUL PROGRAM
 OPERATIONS AND TO MAXIMIZE FEDERAL FUNDING, INCLUDING:
   A. ASSISTING LOCAL EDUCATIONAL AGENCIES WITH ONE OR MORE COMMUNITY-EL-
 IGIBILITY QUALIFYING SCHOOLS IN MEETING ANY STATE AND  FEDERAL  REQUIRE-
 MENTS  NECESSARY IN ORDER TO RECEIVE REIMBURSEMENT THROUGH THE COMMUNITY
 ELIGIBILITY PROVISION.
   B. IF A SCHOOL OR DISTRICT  IS  INELIGIBLE  TO  RECEIVE  REIMBURSEMENT
 THROUGH  THE  COMMUNITY  ELIGIBILITY  PROVISION, ASSISTING THE SCHOOL OR
 DISTRICT IN ACHIEVING ELIGIBILITY AND, IF THAT IS NOT  FEASIBLE,  ASSIST
 THE SCHOOL OR DISTRICT IN DETERMINING THE VIABILITY OF USING PROVISION 2
 OR OTHER SPECIAL FEDERAL PROVISIONS AVAILABLE TO SCHOOLS.
   C.  MAXIMIZING DIRECT CERTIFICATION FOR SPECIFIC POPULATIONS AS ALLOW-
 ABLE UNDER FEDERAL RULES.
   5. SCHOOL DISTRICTS SHALL REQUIRE PARENTS OR GUARDIANS OF STUDENTS  TO
 FILL  OUT  THE  FREE  AND REDUCED PRICE LUNCH FORM AS PART OF THE ANNUAL
 REGISTRATION PROCESS.
   § 2. Section 5 of chapter 537 of the laws of 1976, relating  to  paid,
 free  and  reduced price breakfast for eligible pupils in certain school
 districts, as amended by section 22-b of part A of  chapter  56  of  the
 laws of 2022, is amended to read as follows:
   §  5.  a.  Notwithstanding  any  monetary  limitations with respect to
 school lunch programs contained in any law  or  regulation,  for  school
 lunch meals served in the school year commencing July 1, 2019 and ending
 June  30,  2022,  a  school food authority shall be eligible for a lunch
 meal State subsidy of twenty-five cents, which shall include any  annual
 State  subsidy  received  by  such school food authority under any other
 provision of State law, for any school lunch meal served by such  school
 food authority; provided that the school food authority certifies to the
 State Education Department through the application submitted pursuant to
 subdivision  c of this section that such food authority has purchased at
 least thirty percent of its total cost of food products for  its  school
 lunch service program from New York state farmers, growers, producers or
 processors  in  the preceding school year.  COMMENCING JULY 1, 2023, AND
 EACH JULY 1 THEREAFTER, A SCHOOL FOOD  AUTHORITY  SHALL  BE  ALLOWED  TO
 ATTRIBUTE MONEYS SPENT ON PURCHASES OF FOOD PRODUCTS FROM NEW YORK STATE
 FARMERS,  GROWERS,  PRODUCERS  OR PROCESSORS MADE FOR ALL IN SCHOOL MEAL
 PROGRAMS, SUCH AS BREAKFAST AND SNACKS, TO THE THIRTY PERCENT  OF  COSTS
 FOR SCHOOL LUNCH SERVICE PROGRAMS.
   b.  Notwithstanding  any  monetary  limitations with respect to school
 lunch programs contained in any law  or  regulation,  for  school  lunch
 meals  served in the school year commencing July 1, 2022 and each July 1
 thereafter, a school food authority shall be eligible for a  lunch  meal
 State subsidy of twenty-five cents, which shall include any annual State
 subsidy received by such school food authority under any other provision
 of  State  law,  for  any  school  lunch meal served by such school food
 authority; provided that the school  food  authority  certifies  to  the
 S. 4006--B                         26
 
 Department  of Agriculture and Markets through the application submitted
 pursuant to subdivision c of this section that such food  authority  has
 purchased at least thirty percent of its total cost of food products for
 its  school  lunch service program from New York state farmers, growers,
 producers or processors in the preceding school year.
   c. The Department of Agriculture and Markets in cooperation  with  the
 State Education Department, shall develop an application for school food
 authorities to seek an additional State subsidy pursuant to this section
 in  a  timeline and format prescribed by the commissioner of agriculture
 and markets. Such application shall include,  but  not  be  limited  to,
 documentation  demonstrating  the  school  food  authority's  total food
 purchases for its school lunch service program, and documentation demon-
 strating its total food purchases  and  percentages  for  such  program,
 PERMITTED TO BE COUNTED UNDER THIS SECTION, from New York State farmers,
 growers,  producers  or  processors  in  the  preceding school year. The
 application shall also include  an  attestation  from  the  school  food
 authority's  chief  operating  officer that it purchased at least thirty
 percent of its total cost of food products PERMITTED TO BE COUNTED UNDER
 THIS SECTION for its school lunch service program from  New  York  State
 farmers,  growers,  producers or processors in the preceding school year
 in order to meet the requirements for  this  additional  State  subsidy.
 School  food  authorities  shall  be required to annually apply for this
 subsidy. After reviewing school food authorities' completed applications
 for an additional State subsidy pursuant to this section, the Department
 of Agriculture and Markets shall certify to the State Education  Depart-
 ment  the  school  food  authorities  approved for such additional State
 subsidy and the State Education Department  shall  pay  such  additional
 State subsidy to such school food authorities.
   d.  The  Department  of Agriculture and Markets shall annually publish
 information on its website commencing on  September  1,  2022  and  each
 September  1  thereafter,  relating  to  each school food authority that
 applied for and received this additional State  subsidy,  including  but
 not  limited  to:  the  school  food authority name, student enrollment,
 average daily lunch participation, total food costs for its school lunch
 service program, total cost  of  food  products  for  its  school  lunch
 service  program purchased from New York State farmers, growers, produc-
 ers or processors, and  the  percent  of  total  food  costs  that  were
 purchased  from New York State farmers, growers, producers or processors
 for its school lunch service program.
   § 3. Subparagraph 1 of paragraph b of subdivision 6-f of section  3602
 of  the education law, as added by section 19 of part H of chapter 83 of
 the laws of 2002, is amended to read as follows:
   (1) has a total project cost  of  [one]  TWO  hundred  FIFTY  thousand
 dollars  or  less; provided however, that for any district, no more than
 one project shall be eligible  pursuant  to  this  subparagraph  for  an
 apportionment within the same school year; and/or
   § 4. Subparagraph 9 of paragraph a of subdivision 6 of section 3602 of
 the  education  law,  as  added  by  chapter 617 of the laws of 2021, is
 renumbered subparagraph 10 and a new subparagraph 11 is added to read as
 follows:
   (11) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  FOR
 THE  PURPOSE  OF  COMPUTATION  OF  BUILDING AID FOR CONSTRUCTION, RECON-
 STRUCTION OR MODERNIZING OF NOT  MORE  THAN  FIVE  CAPITAL  CONSTRUCTION
 PROJECTS  BY THE BINGHAMTON CITY SCHOOL DISTRICT, MULTI-YEAR COST ALLOW-
 ANCES FOR EACH PROJECT SHALL BE ESTABLISHED AND UTILIZED THREE TIMES  IN
 THE  FIRST FIVE-YEAR PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES SHALL
 S. 4006--B                         27

 BE ESTABLISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST
 MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
   §  5.  Subparagraphs  (i)  and (ii) of paragraph k of subdivision 4 of
 section 4405 of the education law, as amended by section 19-a of part  A
 of chapter 56 of the laws of 2022, are amended to read as follows:
   (i)  The  tuition methodology established pursuant to this subdivision
 for the two thousand [twenty-one] TWENTY-TWO--two thousand  [twenty-two]
 TWENTY-THREE school year shall authorize approved private residential or
 non-residential  schools for the education of students with disabilities
 that are located within the state, and special act school  districts  to
 retain  funds  PRIOR TO THE APPLICATION OF RECONCILIATION, INCLUDING BUT
 NOT LIMITED TO, THE  APPLICATION  OF  NON-DIRECT  CARE  AND  TOTAL  COST
 SCREENS, in excess of their allowable and reimbursable costs, AS DEFINED
 BY  THE  REIMBURSABLE  COST  MANUAL,  incurred for services and programs
 provided to school-age students. The amount of funds that may be annual-
 ly retained shall not exceed one  percent  of  the  school's  or  school
 district's  [total  allowable  and  reimbursable  costs for services and
 programs] PROSPECTIVE PER DIEM RATE FOR SERVICES AND  PROGRAMS  provided
 to  school-age  students for the school year from which the funds are to
 be retained; provided that the total accumulated  balance  that  may  be
 retained  shall  not  exceed  four  percent of such total costs for such
 school year; and provided further that such funds shall [not] be [recov-
 erable on] RETAINED  PRIOR  TO  THE  APPLICATION  OF  reconciliation  of
 tuition  rates,  and shall be separate from and in addition to any other
 authorization to retain surplus funds on reconciliation.
   (ii) The tuition methodology established pursuant to this  subdivision
 for  the  two  thousand [twenty-two] TWENTY-THREE--two thousand [twenty-
 three] TWENTY-FOUR school year and annually thereafter  shall  authorize
 approved providers to retain funds PRIOR TO THE APPLICATION OF RECONCIL-
 IATION,  INCLUDING,  BUT  NOT  LIMITED TO, THE APPLICATION OF NON-DIRECT
 CARE AND TOTAL COST SCREENS, in excess of their allowable and reimbursa-
 ble costs, AS DEFINED BY THE  REIMBURSABLE  COST  MANUAL,  incurred  for
 services and programs provided to school-age and preschool students. The
 amount  of  funds  that  may  be  annually retained shall not exceed the
 allowable surplus percentage, AS DEFINED IN SUBPARAGRAPH (III)  OF  THIS
 PARAGRAPH,  of the approved provider's [total allowable and reimbursable
 costs] PROSPECTIVE PER DIEM RATE for services and programs  provided  to
 school-age  and  preschool  students  for the school year from which the
 funds are to be retained[, as defined  in  subparagraph  (iii)  of  this
 paragraph];  provided  that  such  funds shall [not] be [recoverable on]
 RETAINED PRIOR TO THE APPLICATION OF reconciliation [of tuition  rates].
 For  purposes  of  this  subparagraph,  "approved  providers" shall mean
 private residential or non-residential  schools  for  the  education  of
 students  with  disabilities  that are located within the state, special
 act school districts, JULY AND AUGUST PROGRAMS FOR STUDENTS  WITH  DISA-
 BILITIES  APPROVED  PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS
 ARTICLE, and programs approved pursuant to  section  forty-four  hundred
 ten of this article that are subject to tuition rate reconciliation.
   §  6. Subdivision 4 of section 4405 of the education law is amended by
 adding a new paragraph l to read as follows:
   1. TUITION, REGIONAL,  AND/OR  FEE  FOR  SERVICE  REIMBURSEMENT  RATES
 DETERMINED AND APPROVED ON AN INTERIM BASIS IN ADVANCE OF THE ESTABLISH-
 MENT  OF  REIMBURSEMENT RATES PURSUANT TO THE TUITION METHODOLOGY ESTAB-
 LISHED PURSUANT TO THIS SUBDIVISION FOR THE TWO THOUSAND  TWENTY-THREE--
 TWO  THOUSAND  TWENTY-FOUR  SCHOOL  YEAR  AND  ANNUALLY  THEREAFTER, FOR
 SPECIAL SERVICES AND PROGRAMS  PROVIDED    TO  SCHOOL  AGE  STUDENTS  BY
 S. 4006--B                         28
 
 APPROVED  PRIVATE RESIDENTIAL OR NON-RESIDENTIAL  SCHOOLS FOR THE EDUCA-
 TION OF STUDENTS WITH DISABILITIES THAT ARE LOCATED WITHIN THE STATE, BY
 SPECIAL ACT SCHOOL DISTRICTS,  AND  BY  JULY  AND  AUGUST  PROGRAMS  FOR
 STUDENTS  WITH  DISABILITIES  APPROVED  PURSUANT  TO  SECTION FORTY-FOUR
 HUNDRED EIGHT OF THIS ARTICLE  AND  FOR  SPECIAL  SERVICES  OR  PROGRAMS
 PROVIDED  TO  PRESCHOOL  STUDENTS WITH DISABILITIES BY PROGRAMS APPROVED
 PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF  THIS  ARTICLE  INCLUDING,
 BUT  NOT  LIMITED  TO,  SPECIAL CLASS AND SPECIAL CLASS IN AN INTEGRATED
 SETTING PROGRAMS, MULTI-DISCIPLINARY EVALUATION PROGRAMS, SPECIAL EDUCA-
 TION ITINERANT SERVICES, AND  PRESCHOOL  TRANSPORTATION    SERVICES  FOR
 WHICH TUITION AND/OR FEE FOR SERVICE RATES ARE DETERMINED SHALL  INCLUDE
 THE  ANNUAL  GROWTH  AMOUNT FOR SUCH RATES APPROVED FOR THE TWO THOUSAND
 TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND  ANNUALLY  THERE-
 AFTER  PENDING  CERTIFICATION OF THE PROSPECTIVE RATES FOR THE TWO THOU-
 SAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR  AND  SUBSEQUENT
 SCHOOL YEARS.
   §  7.  Section  4003  of  the education law is amended by adding a new
 subdivision 8 to read as follows:
   8. TUITION, REGIONAL,  AND/OR  FEE  FOR  SERVICE  REIMBURSEMENT  RATES
 DETERMINED AND APPROVED ON AN INTERIM BASIS IN ADVANCE OF THE ESTABLISH-
 MENT  OF  REIMBURSEMENT RATES PURSUANT TO THE TUITION METHODOLOGY ESTAB-
 LISHED PURSUANT TO THIS SECTION FOR THE TWO  THOUSAND  TWENTY-THREE--TWO
 THOUSAND  TWENTY-FOUR  SCHOOL  YEAR AND ANNUALLY THEREAFTER, FOR SPECIAL
 SERVICES AND PROGRAMS PROVIDED TO SCHOOL AGE STUDENTS BY A  SPECIAL  ACT
 SCHOOL  DISTRICT  OR AN APPROVED PRIVATE SCHOOL OPERATED BY A CHILD CARE
 INSTITUTION SHALL INCLUDE  THE  ANNUAL  GROWTH  AMOUNT  FOR  SUCH  RATES
 APPROVED  FOR  THE  TWO  THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR
 SCHOOL  YEAR  AND  ANNUALLY  THEREAFTER  PENDING  CERTIFICATION  OF  THE
 PROSPECTIVE  RATES FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWEN-
 TY-FOUR SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS.
   § 8. Paragraph c of subdivision 4 of section  4405  of  the  education
 law, as amended by chapter 82 of the laws of 1995, is amended to read as
 follows:
   c.  The  director of the budget, in consultation with the commissioner
 [of education], the commissioner of social services, and any other state
 agency or other source the director may deem appropriate, shall  approve
 reimbursement methodologies for tuition and for maintenance. Any modifi-
 cation  in  the approved reimbursement methodologies shall be subject to
 the approval of the director of the budget. [Notwithstanding  any  other
 provision  of  law,  rule  or  regulation to the contrary, tuition rates
 established for the nineteen hundred ninety-five--ninety-six school year
 shall exclude the two percent cost of living  adjustment  authorized  in
 rates  established  for  the  nineteen  hundred ninety-four--ninety-five
 school year.] TUITION, REGIONAL, AND/OR FEE FOR SERVICE  RATES  APPROVED
 FOR  THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR
 AND THEREAFTER FOR SPECIAL SERVICES OR PROGRAMS PROVIDED  TO  SCHOOL-AGE
 STUDENTS  BY APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOLS FOR
 THE EDUCATION OF STUDENTS WITH DISABILITIES THAT ARE LOCATED WITHIN  THE
 STATE, BY SPECIAL ACT  SCHOOL DISTRICTS, AND BY JULY AND AUGUST PROGRAMS
 FOR STUDENTS WITH DISABILITIES ENTITLED TO ATTEND PUBLIC SCHOOLS WITHOUT
 THE  PAYMENT  OF  TUITION  PURSUANT TO SECTION THIRTY-TWO HUNDRED TWO OF
 THIS CHAPTER, AND FOR SPECIAL SERVICES OR PROGRAMS PROVIDED TO PRESCHOOL
 STUDENTS BY PROGRAMS  SERVING  PRESCHOOL  STUDENTS    WITH  DISABILITIES
 APPROVED  PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED TEN OF THIS ARTICLE
 INCLUDING, BUT NOT LIMITED TO, SPECIAL CLASS AND  SPECIAL  CLASS  IN  AN
 INTEGRATED  SETTING  PROGRAMS,  MULTI-DISCIPLINARY  EVALUATION PROGRAMS,
 S. 4006--B                         29
 
 SPECIAL   EDUCATION ITINERANT  SERVICES,  AND  PRESCHOOL  TRANSPORTATION
 SERVICES  FOR  WHICH TUITION AND/OR REGIONAL RATES ARE DETERMINED, SHALL
 GROW BY A PERCENTAGE EQUAL TO THE GREATER OF: (I) THE DIFFERENCE OF  THE
 QUOTIENT  ARRIVED  AT  WHEN  DIVIDING   THE STATEWIDE APPORTIONMENTS FOR
 GENERAL SUPPORT FOR PUBLIC SCHOOLS, AS DEFINED  IN  SUBDIVISION  ONE  OF
 SECTION  THIRTY-SIX HUNDRED NINE-A OF THIS CHAPTER, FOR THE CURRENT YEAR
 BY SUCH APPORTIONMENTS FOR THE BASE YEAR, AS SUCH TERMS ARE  DEFINED  IN
 SUBDIVISION  ONE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  CHAPTER, AS
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
 BUDGET FOR THE CURRENT YEAR, LESS ONE; OR (II) ZERO.
   § 9. Subdivision 2 of section 4003 of the education law, as amended by
 chapter 947 of the laws of 1981, is amended to read as follows:
   2.  The  director of the budget, in consultation with the commissioner
 [of education], the commissioner of social services, the commissioner of
 health, the commissioner of mental health, and any other state agency or
 other source he may deem appropriate, shall approve reimbursement  meth-
 odologies  for  tuition  and  maintenance.  Any modification in any such
 methodology which has previously been approved shall be subject  to  the
 approval  of  the director of the budget.  TUITION, REGIONAL, AND/OR FEE
 FOR SERVICE RATES APPROVED FOR THE TWO THOUSAND TWENTY-THREE--TWO  THOU-
 SAND  TWENTY-FOUR  SCHOOL  YEAR  AND  THEREAFTER FOR SPECIAL SERVICES OR
 PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS BY AN APPROVED  PRIVATE  SCHOOL
 OR  SPECIAL  ACT  SCHOOL  DISTRICT OPERATED BY A CHILD CARE INSTITUTION,
 SHALL GROW BY A PERCENTAGE EQUAL TO THE GREATER OF: (I)  THE  DIFFERENCE
 OF  THE  QUOTIENT  ARRIVED AT WHEN DIVIDING THE STATEWIDE APPORTIONMENTS
 FOR GENERAL SUPPORT FOR PUBLIC SCHOOLS, AS DEFINED IN SUBDIVISION ONE OF
 SECTION THIRTY-SIX HUNDRED NINE-A OF THIS CHAPTER, FOR THE CURRENT  YEAR
 BY  SUCH  APPORTIONMENTS FOR THE BASE YEAR, AS SUCH TERMS ARE DEFINED IN
 SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  CHAPTER,  AS
 COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
 COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
 BUDGET FOR THE CURRENT YEAR, LESS ONE; OR (II) ZERO.
   § 10. Section 4204-b of the education law is amended by adding  a  new
 subdivision 5 to read as follows:
   5.  FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL
 YEAR AND THEREAFTER, AN INSTITUTION SUBJECT TO  THIS  ARTICLE  SHALL  BE
 AUTHORIZED TO RETAIN FUNDS IN EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE
 COSTS  INCURRED  FOR  SERVICES  AND  PROGRAMS TO STUDENTS APPOINTED. THE
 AMOUNT OF FUNDS THAT MAY BE  ANNUALLY  RETAINED  SHALL  NOT  EXCEED  ONE
 PERCENT  OF THE INSTITUTION'S TOTAL ALLOWABLE AND REIMBURSABLE COSTS FOR
 SERVICES AND PROGRAMS PROVIDED TO STUDENTS   FOR THE  SCHOOL  YEAR  FROM
 WHICH  THE FUNDS ARE TO BE RETAINED, PROVIDED THAT THE TOTAL ACCUMULATED
 BALANCE THAT MAY BE RETAINED SHALL NOT EXCEED FOUR PERCENT OF SUCH TOTAL
 COSTS FOR SUCH SCHOOL YEAR AND PROVIDED, FURTHER, THAT SUCH FUNDS  SHALL
 NOT BE RECOVERABLE  ON  RECONCILIATION,  SUCH  FUNDS  SHALL  BE  CARRIED
 FORWARD  AS  TOTAL REIMBURSABLE COSTS FOR PURPOSES OF CALCULATING SUBSE-
 QUENT YEAR PROSPECTIVE AND RECONCILIATION TUITION RATES AND  SUCH  FUNDS
 SHALL  BE  SEPARATE  FROM  AND IN ADDITION TO ANY OTHER AUTHORIZATION TO
 RETAIN SURPLUS FUNDS ON  RECONCILIATION. FUNDS SHALL  BE  EXPENDED  ONLY
 PURSUANT  TO  AN AUTHORIZATION OF THE GOVERNING BOARD OF THE INSTITUTION
 FOR A PURPOSE EXPRESSLY AUTHORIZED AS PART OF ALLOWABLE  COSTS  FOR  THE
 YEAR  IN  WHICH THE FUNDS ARE TO BE EXPENDED, PROVIDED THAT FUNDS MAY BE
 EXPENDED TO PAY PRIOR  YEAR  OUTSTANDING  DEBTS.  ANY  INSTITUTION  THAT
 RETAINS FUNDS PURSUANT TO THIS SUBDIVISION SHALL BE REQUIRED TO ANNUALLY
 REPORT  A  STATEMENT  OF  THE  TOTAL BALANCE OF SUCH RETAINED FUNDS, THE
 S. 4006--B                         30
 
 AMOUNT, IF ANY, RETAINED IN THE PRIOR SCHOOL YEAR, THE AMOUNT,  IF  ANY,
 DISPERSED  IN  THE PRIOR SCHOOL YEAR, AND THE FINANCIAL REPORTS THAT ARE
 REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT.
   §  11.  Paragraph  b of subdivision 5 of section 1950 of the education
 law, as amended by chapter 130 of the laws of 2022, is amended  to  read
 as follows:
   b.  The  cost of services herein referred to shall be the amount allo-
 cated to each component school district  by  the  board  of  cooperative
 educational  services  to  defray  expenses  of  such  board,  including
 approved expenses from the testing of potable water systems of  occupied
 school  buildings under the board's jurisdiction as required pursuant to
 section eleven hundred ten of the public health law provided  that  such
 expenses  for testing of potable water systems are not reimbursable from
 another state or federal source, except that that  part  of  the  salary
 paid  any  teacher, supervisor or other employee of the board of cooper-
 ative educational services which is, (I) FOR THE  TWO  THOUSAND  TWENTY-
 TWO--TWO  THOUSAND  TWENTY-THREE  SCHOOL YEAR AND PRIOR SCHOOL YEARS, in
 excess of thirty thousand dollars, (II) FOR AID PAYABLE IN THE TWO THOU-
 SAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL  YEAR  IN  EXCESS  OF
 FORTY  THOUSAND DOLLARS, (III) FOR AID PAYABLE IN THE TWO THOUSAND TWEN-
 TY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR IN EXCESS OF  FIFTY  THOU-
 SAND  DOLLARS, (IV) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO
 THOUSAND TWENTY-SIX SCHOOL YEAR AND THEREAFTER, IN EXCESS OF SIXTY THOU-
 SAND DOLLARS, shall not be such an approved  expense,  and  except  also
 that  administrative  and clerical expenses shall not exceed ten percent
 of the total expenses for  purposes  of  this  computation.  Any  gifts,
 donations  or  interest  earned  by the board of cooperative educational
 services or on behalf of the board of cooperative  educational  services
 by  the dormitory authority or any other source shall not be deducted in
 determining the cost of services  allocated  to  each  component  school
 district.  Any payments made to a component school district by the board
 of cooperative educational services pursuant to  subdivision  eleven  of
 section  six-p  of the general municipal law attributable to an approved
 cost of service computed pursuant to this subdivision shall be  deducted
 from  the  cost of services allocated to such component school district.
 The expense of transportation  provided  by  the  board  of  cooperative
 educational services pursuant to paragraph q of subdivision four of this
 section  shall  be  eligible for aid apportioned pursuant to subdivision
 seven of section thirty-six hundred two of this chapter and no board  of
 cooperative  educational  services  transportation  expense  shall be an
 approved cost of services for the computation of aid under this subdivi-
 sion.  Transportation expense pursuant to  paragraph  q  of  subdivision
 four  of  this  section  shall be included in the computation of the ten
 percent limitation on administrative and clerical expenses.
   § 12. Paragraph b of subdivision 10 of section 3602 of  the  education
 law,  as  amended  by  section 16 of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
   b. Aid for career education. There shall be apportioned to  such  city
 school districts and other school districts which were not components of
 a  board of cooperative educational services in the base year for pupils
 in grades [ten] NINE through twelve in attendance  in  career  education
 programs  as  such programs are defined by the commissioner, subject for
 the purposes of this paragraph to the approval of the  director  of  the
 budget,  an amount for each such pupil to be computed by multiplying the
 career education aid ratio by three thousand nine hundred dollars.  Such
 aid  will  be  payable  for  weighted  pupils attending career education
 S. 4006--B                         31
 
 programs operated by the school district and  for  weighted  pupils  for
 whom  such  school  district contracts with boards of cooperative educa-
 tional services to attend career education programs operated by a  board
 of cooperative educational services. Weighted pupils for the purposes of
 this  paragraph  shall  mean  the  sum  of the attendance of students in
 grades [ten] NINE through twelve in career education sequences in trade,
 industrial, technical, agricultural or health programs plus the  product
 of sixteen hundredths multiplied by the attendance of students in grades
 [ten]  NINE through twelve in career education sequences in business and
 marketing as defined by the  commissioner  in  regulations.  The  career
 education  aid ratio shall be computed by subtracting from one the prod-
 uct obtained by multiplying fifty-nine percent by  the  combined  wealth
 ratio.  This  aid ratio shall be expressed as a decimal carried to three
 places without rounding, but not less than thirty-six percent.
   Any school district that receives aid pursuant to this paragraph shall
 be required to use such amount to support career education  programs  in
 the current year.
   A board of education which spends less than its local funds as defined
 by regulations of the commissioner for career education in the base year
 during the current year shall have its apportionment under this subdivi-
 sion  reduced  in an amount equal to such deficiency in the current or a
 succeeding school year, provided however that the commissioner may waive
 such reduction upon determination that overall expenditures per pupil in
 support of career education programs were continued at a level equal  to
 or  greater than the level of such overall expenditures per pupil in the
 preceding school year.
   § 13. Subdivision 6-a of section 3641 of the education law,  as  added
 by section 16 of part A of chapter 57 of the laws of 2013, is amended to
 read as follows:
   6-a.  Community  school grants. [a. Within the amount appropriated for
 such purpose, subject to a plan developed by the state council on  chil-
 dren  and families in coordination with the commissioner and approved by
 the director of the budget, the  commissioner  shall  award  competitive
 grants pursuant to this subdivision to eligible school districts or in a
 city  with  a  population  of  one million or more an eligible entity to
 implement, beginning in the two thousand thirteen--two thousand fourteen
 school year, a plan that targets school buildings as community  hubs  to
 deliver  co-located  or  school-linked  academic, health, mental health,
 nutrition, counseling, legal and/or other services to students and their
 families in a manner that will lead to improved  educational  and  other
 outcomes.  In  a city with a population of one million or more, eligible
 entities shall mean the city school district of the city of New York, or
 not-for-profit organizations, which shall include not-for-profit  commu-
 nity  based  organizations.  An eligible entity that is a not-for-profit
 may apply for a community school grant  provided  that  it  collaborates
 with  the  city school district of the city of New York and receives the
 approval of the chancellor of the city school district of  the  city  of
 New York.
   (1) Such plan shall include, but not be limited to:
   (i) The process by which a request for proposals will be developed;
   (ii)  The  scoring  rubric  by which such proposals will be evaluated,
 provided that such grants shall be awarded based on  factors  including,
 but  not  limited  to: measures of school district need; measures of the
 need of students to be served by  each  of  the  school  districts;  the
 school  district's  proposal  to  target  the  highest  need schools and
 S. 4006--B                         32

 students; the sustainability of the proposed community schools  program;
 and proposal quality;
   (iii) The form and manner by which applications will be submitted;
   (iv)  The  manner by which calculation of the amount of the award will
 be determined;
   (v) The timeline for the issuance and review of applications; and
   (vi) Program implementation phases that will trigger  payment  of  set
 percentages of the total award.
   (2)  In  assessing  proposal quality, the commissioner shall take into
 account factors including, but not limited to:
   (i) The extent to which the school district's proposal  would  provide
 such  community services through partnerships with local governments and
 non-profit organizations;
   (ii) The extent to which the proposal would provide  for  delivery  of
 such services directly in school buildings;
   (iii)  The  extent to which the proposal articulates how such services
 would facilitate measurable improvement in student and family outcomes;
   (iv) The extent to which the proposal articulates and  identifies  how
 existing  funding  streams  and  programs  would be used to provide such
 community services; and
   (v) the extent to  which  the  proposal  ensures  the  safety  of  all
 students, staff and community members in school buildings used as commu-
 nity hubs.
   b.  A  response  to  a  request  for proposals issued pursuant to this
 subdivision may be submitted by a single school district or jointly by a
 consortium of two or more school districts, or in a city  with  a  popu-
 lation of one million or more, an eligible entity.
   c.  The  amount  of the grant award shall be determined by the commis-
 sioner, consistent with the plan developed pursuant to  paragraph  a  of
 this  subdivision,  except  that  no single district may be awarded more
 than forty percent of the total amount of grant awards made pursuant  to
 this  subdivision;  and  provided  further that the maximum award to any
 individual community school site shall be five hundred thousand dollars;
 and provided further that the amount awarded will be  paid  out  in  set
 percentages  over time upon successful implementation of each phase of a
 school district's approved proposal set forth pursuant to paragraph a of
 this subdivision; and provided further that none of the  grants  awarded
 pursuant  to this subdivision may be used to supplant existing funding.]
 A. FOR THE PURPOSES OF THIS SECTION, A "COMMUNITY SCHOOL" SHALL  INCLUDE
 BOTH  A  PLACE AND A SET OF PARTNERSHIPS BETWEEN THE SCHOOL DISTRICT AND
 OTHER COMMUNITY RESOURCES TO TAKE A COMPREHENSIVE  APPROACH  TO  IMPROVE
 ACADEMIC  AND  DEVELOPMENTAL  OUTCOMES;  FOCUSED  ON  ACADEMICS, HEALTH,
 MENTAL WELLNESS, SOCIAL SERVICES, YOUTH AND  COMMUNITY  DEVELOPMENT  AND
 FAMILY  AND  COMMUNITY ENGAGEMENT WHICH LEADS TO IMPROVED STUDENT LEARN-
 ING, STRONGER FAMILIES AND HEALTHIER COMMUNITIES; AND HAS A FRAMEWORK IN
 PLACE TO ELIMINATE THE BARRIERS FOR ALL STUDENTS TO  HAVE  ACCESS  TO  A
 HIGH-QUALITY LEARNING EXPERIENCE.
   (1)  SUCH  SCHOOLS SHALL INCLUDE A COMMUNITY SCHOOL DIRECTOR TO IMPLE-
 MENT THE COMMUNITY SCHOOL FRAMEWORK BY:
   (I) REVIEWING STUDENT DATA AND CONDUCTING COMMUNITY  WIDE  ASSESSMENTS
 OF NEEDS AND ASSETS;
   (II)  COORDINATING  AND  LEVERAGING INTEGRATED HEALTH, MENTAL WELLNESS
 AND SOCIAL SUPPORTS;
   (III) IDENTIFYING AND SECURING FAMILY SUPPORTS THAT INCLUDE EMPOWERING
 PARENTS TO PARTICIPATE IN DECISION MAKING AND TO MAINTAIN ACTIVE  FAMILY
 S. 4006--B                         33

 AND COMMUNITY ENGAGEMENT THAT VALUES THEIR DIVERSE EXPERIENCES AND BACK-
 GROUNDS TO DEVELOP AND PROMOTE A VISION FOR STUDENT SUCCESS;
   (IV) IMPLEMENTING, EXPANDING AND ENRICHING LEARNING TIME, PROGRAMS AND
 OPPORTUNITIES,  INCLUDING  BUT  NOT LIMITED TO BEFORE, DURING AND AFTER-
 SCHOOL, WEEKEND, SUMMER AND YEAR-ROUND PROGRAMS, THAT PROVIDE ADDITIONAL
 ACADEMIC SUPPORT, ENRICHMENT ACTIVITIES AND OTHER PROGRAMS THAT  MAY  BE
 OFFERED  IN  PARTNERSHIP  WITH  COMMUNITY-BASED ORGANIZATIONS TO ENHANCE
 ACADEMIC LEARNING, SOCIAL SKILLS, EMOTIONAL AND LIFE SKILLS;
   (V) MANAGING A COMMUNITY SCHOOL-BASED COMMITTEE THAT INCLUDES  BUT  IS
 NOT  LIMITED  TO  THE  SCHOOL  PRINCIPAL,  CERTIFIED CLASSROOM TEACHERS,
 SCHOOL RELATED PROFESSIONALS, OTHER SCHOOL EMPLOYEES, FAMILIES, COMMUNI-
 TY ORGANIZATIONS, AND COLLECTIVE BARGAINING ORGANIZATIONS,  THAT  GUIDES
 COLLABORATIVE PLANNING, IMPLEMENTATION AND OVERSIGHT; AND
   (VI)  IMPLEMENTING  HIGH-QUALITY  TEACHING  AND LEARNING THAT PROVIDES
 ONGOING PROFESSIONAL DEVELOPMENT TO TEACHERS AND SCHOOL-RELATED  PROFES-
 SIONALS.
   (2) FOR THE PURPOSES OF THIS SECTION A COMMUNITY SCHOOL FRAMEWORK IS A
 SET  OF  STRATEGIES  IMPLEMENTED  IN  A  COMMUNITY  SCHOOL  THAT INCLUDE
 PROGRAMS AND SERVICES THAT FOCUS ON BUILDING AND  MAINTAINING  RELATION-
 SHIPS TO IMPROVE ACADEMIC AND DEVELOPMENTAL OUTCOMES FOR STUDENTS.
   B.  ALLOCATION OF FUNDS. EACH QUALIFYING SCHOOL DISTRICT SHALL RECEIVE
 FUNDING  FROM  THIS  PROGRAM EQUAL TO THE RESULT OF THE QUOTIENT OF EACH
 DISTRICT'S  FOUNDATION AID COMMUNITY SCHOOL SETASIDE AMOUNT  ESTABLISHED
 PURSUANT  TO  SECTION  THIRTY-SIX HUNDRED TWO OF THIS ARTICLE DIVIDED BY
 THE STATEWIDE VALUE OF THE  FOUNDATION  AID  COMMUNITY  SCHOOL  SETASIDE
 AMOUNT  ESTABLISHED  PURSUANT  TO SECTION THIRTY-SIX HUNDRED TWO OF THIS
 ARTICLE MULTIPLIED BY THE AMOUNT OF THE APPROPRIATION FOR THE  COMMUNITY
 SCHOOL  CATEGORICAL  GRANT ESTABLISHED HEREIN.    DISTRICTS WHICH DO NOT
 HAVE A SETASIDE OF FOUNDATION AID  FOR  COMMUNITY  SCHOOLS  PURSUANT  TO
 SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL NOT BE ELIGIBLE FOR
 FUNDS PURSUANT TO THIS SUBDIVISION.
   C.  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS THAT SET FORTH THE
 REQUIREMENTS FOR USE OF SUCH FUNDS BY DISTRICTS, WHICH SHALL  INCLUDE  A
 REQUIREMENT  THAT  DISTRICTS  REQUIRE  THAT  FUNDS  BE USED TO TRANSFORM
 PREEXISTING COMMUNITY SCHOOL PROGRAMS, STRUGGLING OR PERSISTENTLY STRUG-
 GLING SCHOOLS, OR SCHOOLS WITH SIGNIFICANT LEVELS OF POVERTY,  HOMELESS-
 NESS,  FREE  AND  REDUCED PRICE MEALS, OR OTHER FACTORS AS DETERMINED BY
 THE COMMISSIONER. PROVIDED FURTHER THAT SUCH REGULATIONS  SHALL  REQUIRE
 SCHOOL DISTRICTS TO DEMONSTRATE SUBSTANTIAL TEACHER, PARENT AND COMMUNI-
 TY  INVOLVEMENT  IN  THE  PLANNING,  IMPLEMENTATION,  AND OPERATION OF A
 COMMUNITY SCHOOL. THE COMMISSIONER  MAY  DETERMINE  THAT  A  PREEXISTING
 COMMUNITY  SCHOOLS PROGRAM SATISFIES THE REQUIREMENTS OF THE COMMISSION-
 ER'S REGULATIONS PROVIDED THAT HE OR SHE MAY  REQUIRE  ANY  MODIFICATION
 THERETO.
   §  14.  The  education  law is amended by adding new section 3037-a to
 read as follows:
   § 3037-A. GRANTS FOR HIRING ART OR MUSIC TEACHERS. 1. FOR PURPOSES  OF
 THIS SECTION, THE TERM "ELIGIBLE TEACHER" SHALL MEAN AN INDIVIDUAL THAT:
   (A)  (I)  IS  CERTIFIED TO TEACH IN NEW YORK STATE PURSUANT TO SECTION
 THREE THOUSAND FOUR OF THIS ARTICLE;
   (II) HOLDS A MASTER'S DEGREE OR PH.D. IN AN ART OR MUSIC SUBJECT OR IN
 EDUCATION; OR
   (III) HOLDS A BACHELOR'S DEGREE IN AN  ART  OR  MUSIC  SUBJECT  OR  IN
 EDUCATION AND IS CURRENTLY ENROLLED IN A MASTER'S OR PH.D. PROGRAM IN AN
 ART OR MUSIC SUBJECT OR IN EDUCATION WITHIN FIVE YEARS FROM THE LATER OF
 S. 4006--B                         34
 
 THE EFFECTIVE DATE OF THIS SECTION OR THE EMPLOYMENT START DATE WITH THE
 NONPUBLIC SCHOOL;
   (B)  TEACHES  ART  OR  MUSIC  IN  ANY GRADES FROM KINDERGARTEN THROUGH
 TWELVE; AND
   (C) IS EMPLOYED BY A NONPUBLIC SCHOOL.
   2. (A) WITHIN AMOUNTS APPROPRIATED THEREFOR, NONPUBLIC SCHOOLS  SHALL,
 UPON  APPLICATION,  BE  REIMBURSED BY THE DEPARTMENT FOR THE SALARIES OF
 ELIGIBLE TEACHERS. EACH SCHOOL WHICH SEEKS A REIMBURSEMENT  PURSUANT  TO
 THIS  SECTION  SHALL  SUBMIT  TO THE OFFICE OF RELIGIOUS AND INDEPENDENT
 SCHOOLS AN APPLICATION THEREFOR, TOGETHER WITH SUCH ADDITIONAL DOCUMENTS
 AS THE COMMISSIONER MAY REASONABLY REQUIRE, AT SUCH TIMES, IN SUCH  FORM
 AND  CONTAINING  SUCH  INFORMATION  AS THE COMMISSIONER MAY PRESCRIBE BY
 REGULATION. APPLICATIONS FOR REIMBURSEMENT PURSUANT TO THIS SECTION MUST
 BE RECEIVED BY AUGUST FIRST OF EACH YEAR FOR SCHOOLS  TO  BE  REIMBURSED
 FOR THE SALARIES OF ELIGIBLE TEACHERS IN THE PRIOR YEAR.
   (B)  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION, REIMBURSEMENT FOR
 ELIGIBLE TEACHERS SHALL BE THE AVERAGE  COMPARABLE  TEACHER  SALARY  AND
 PERSONAL  SERVICE,  PER  SUBJECT  AREA, OF PUBLIC SCHOOL TEACHERS IN THE
 SCHOOL DISTRICT IN WHICH SUCH NONPUBLIC SCHOOLS ARE LOCATED,  MULTIPLIED
 BY  THE  PERCENTAGE  OF FULL TIME EQUIVALENT SECULAR INSTRUCTIONAL HOURS
 COMPLETED IN THE SCHOOL DAY PER SUBJECT AREA. REIMBURSEMENTS  SHALL  NOT
 BE  PROVIDED  FOR  ELIGIBLE  TEACHERS  WHO PROVIDE INSTRUCTION IN ART OR
 MUSIC IF SUCH TEACHERS  ALSO  PROVIDE  NON-SECULAR  INSTRUCTION  IN  ANY
 CAPACITY.
   (C)  IN  THE  EVENT THAT THE APPLICATIONS FOR REIMBURSEMENT UNDER THIS
 SECTION EXCEED THE APPROPRIATION AVAILABLE FOR THIS PROGRAM,  THEN  EACH
 APPLICANT  SHALL  ONLY  BE  REIMBURSED AN AMOUNT EQUAL TO THE PERCENTAGE
 THAT EACH SUCH APPLICANT REPRESENTS TO THE  TOTAL  OF  ALL  APPLICATIONS
 SUBMITTED.
   3.  THE COMMISSIONER MAY PROMULGATE ANY RULES OR REGULATIONS NECESSARY
 TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 15. Severability. The provisions of this act shall be severable, and
 if  the application of any  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act  to any person or circumstance shall be
 adjudged by any court of   competent jurisdiction to  be  invalid,  such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion  of  any  such clause, sentence, paragraph, subdivision, section or
 part of this act or remainder thereof, as the case may be, to any  other
 person  or  circumstance, but shall be confined in its  operation to the
 clause, sentence, paragraph,  subdivision,  section  or  part    thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 16. This act shall take effect immediately; provided, however,  that
 sections  one,  eleven, and twelve of this act shall take effect July 1,
 2023.
 
                                  PART B
 
                           Intentionally Omitted
 
                                  PART C
 
   Section 1. The education law is amended by adding a new section 6438-b
 to read as follows:
 S. 4006--B                         35
 
   § 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:
   (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
 S. 4006--B                         36
 
 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:
   (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:
 S. 4006--B                         37
 
 § 1509. Disqualification  of  shareholders,  directors,   officers   and
           employees.
   If  any  shareholder,  director, officer or employee of a professional
 service corporation, including  a  design  professional  service  corpo-
 ration,  who  has  been  rendering  professional  service  to the public
 becomes legally disqualified to practice his OR  HER  profession  within
 this  state,  he  OR  SHE shall sever all employment with, and financial
 interests (other than interests as  a  creditor)  in,  such  corporation
 forthwith  or as otherwise provided in section 1510 of this article. All
 provisions of law regulating the rendering of professional services by a
 person elected or appointed to a public office shall be applicable to  a
 shareholder,  director,  officer and employee of such corporation in the
 same manner and to the same extent as if fully set  forth  herein.  Such
 legal  disqualification  to  practice  his OR HER profession within this
 state shall be deemed to constitute an irrevocable offer by the disqual-
 ified shareholder to sell his OR HER shares to the corporation, pursuant
 to the provisions of section 1510 of this article or of the  certificate
 of  incorporation,  by-laws  or  agreement among the corporation and all
 shareholders, whichever is applicable. Compliance with the terms of such
 offer shall be specifically enforceable in the courts of this  state.  A
 professional  service  corporation's  failure to enforce compliance with
 this provision shall constitute a ground for forfeiture of  its  certif-
 icate of incorporation and its dissolution.
   § 5. Paragraph (a) of section 1511 of the business corporation law, as
 amended  by  chapter 550 of the laws of 2011, is amended and a new para-
 graph (c) is added to read as follows:
   (a) No shareholder of a professional service corporation [or], INCLUD-
 ING a design professional service corporation, may sell or transfer  his
 OR  HER  shares  in such corporation except to another individual who is
 eligible to have shares issued to him OR  HER  by  such  corporation  or
 except  in  trust to another individual who would be eligible to receive
 shares if he OR SHE were employed by  the  corporation.  Nothing  herein
 contained shall be construed to prohibit the transfer of shares by oper-
 ation  of  law or by court decree.  No transferee of shares by operation
 of law or court decree may vote the shares for  any  purpose  whatsoever
 except  with  respect to corporate action under sections 909 and 1001 of
 this chapter. The restriction in the preceding sentence shall not apply,
 however, where such transferee would be eligible to have  shares  issued
 to  him  OR HER if he OR SHE were an employee of the corporation and, if
 there are other shareholders, a  majority  of  such  other  shareholders
 shall fail to redeem the shares so transferred, pursuant to section 1510
 of  this  article, within sixty days of receiving written notice of such
 transfer. Any sale or transfer, except by  operation  of  law  or  court
 decree  or  except for a corporation having only one shareholder, may be
 made only after the same shall have been approved by the board of direc-
 tors, or at a shareholders' meeting specially called for such purpose by
 such proportion, not less than a majority, of the outstanding shares  as
 may be provided in the certificate of incorporation or in the by-laws of
 such professional service corporation. At such shareholders' meeting the
 shares  held by the shareholder proposing to sell or transfer his OR HER
 shares may not be voted or counted for any purpose,  unless  all  share-
 holders consent that such shares be voted or counted. The certificate of
 incorporation or the by-laws of the professional service corporation, or
 the  professional  service  corporation  and the shareholders by private
 agreement, may provide, in lieu of  or  in  addition  to  the  foregoing
 provisions,  for the alienation of shares and may require the redemption
 S. 4006--B                         38

 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:
   (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
 S. 4006--B                         39
 
 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
 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
 S. 4006--B                         40
 
 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
 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
 S. 4006--B                         41
 
 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
 (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
 S. 4006--B                         42
 
 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
 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
 S. 4006--B                         43
 
 (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,
 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
 S. 4006--B                         44
 
 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
 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
 S. 4006--B                         45
 
 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 production incentives act".
   § 2. Article 20 of the general municipal law, as renumbered by chapter
 84  of  the  laws of 1981, is renumbered to be article 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 PRODUCTION INCENTIVES
 
 SECTION 1000. LEGISLATIVE FINDINGS AND DECLARATIONS.
         1001. DEFINITIONS.
         1002. APPLICABILITY.
         1003. GROWTH TARGETS.
         1004. HOUSING PRODUCTION INCENTIVES.
         1005. LAND USE ADVISORY COUNCIL.
 S. 4006--B                         46
 
   §  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-
 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.
 S. 4006--B                         47
 
   10. IN ORDER TO PREVENT HOUSING INSECURITY, HARDSHIP, AND DISLOCATION,
 THE  PROVISIONS  OF  THIS  ARTICLE  ARE  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. "LAND USE ADVISORY COUNCIL" SHALL MEAN THE LAND USE ADVISORY  COUN-
 CIL ESTABLISHED 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,
 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-
 S. 4006--B                         48
 
 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,  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. "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.
   15. "SUPPORTIVE HOUSING" SHALL MEAN RESIDENTIAL  DWELLING  UNITS  WITH
 SUPPORTIVE SERVICES FOR TENANTS.
   16.  "EXEMPTED  LOCALITIES"  SHALL  MEAN  LOCALITIES  CONTAINING LANDS
 DESIGNATED AS FOREVER WILD BY ARTICLE XIV OF THE NEW YORK STATE  CONSTI-
 TUTION  AND  MUNICIPALITIES  ENGAGED  IN  A WATERSHED AGREEMENT WITH THE
 DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE CITY OF NEW YORK.
   § 1002. APPLICABILITY. THIS ARTICLE SHALL  APPLY  TO  ALL  LOCALITIES,
 EXCLUDING  EXEMPTED LOCALITIES, AS DEFINED IN SUBDIVISION TEN OF SECTION
 ONE THOUSAND ONE OF THIS ARTICLE.
   § 1003. GROWTH TARGETS.  THE FOLLOWING GROWTH TARGETS WILL BE UTILIZED
 AS A METRIC TO ALLOW A LOCALITY TO ACCESS FUNDING, SUBJECT TO  APPROPRI-
 ATION, TO INCENTIVIZE INCREASING HOUSING SUPPLY.
   1.  A  LOCALITY  LOCATED  OUTSIDE  OF  THE METROPOLITAN TRANSPORTATION
 COMMUTER DISTRICT HAS A GROWTH TARGET OF 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.
   2. A LOCALITY LOCATED INSIDE OF THE METROPOLITAN TRANSPORTATION COMMU-
 TER DISTRICT HAS A GROWTH TARGET OF AN AMOUNT EQUAL TO THREE PERCENT  OF
 THE  AMOUNT  OF  RESIDENTIAL  HOUSING  UNITS EXISTING IN THE LOCALITY AS
 REPORTED IN THE MOST RECENTLY PUBLISHED UNITED STATES DECENNIAL CENSUS.
   3. SUBJECT TO SUBDIVISION FOUR OF THIS SECTION, THE NUMBER OF ELIGIBLE
 RESIDENTIAL DWELLING UNITS  SHALL  BE  CALCULATED  USING  THE  FOLLOWING
 FORMULA:
   A.  A  PERMITTED NEW RESIDENTIAL DWELLING UNIT SHALL BE COUNTED AS ONE
 ELIGIBLE RESIDENTIAL DWELLING UNIT, PROVIDED THAT A PERMITTED NEW  RESI-
 S. 4006--B                         49
 
 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
   B.  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.
   4. THE FOLLOWING PERMITTED RESIDENTIAL DWELLING  UNITS  SHALL  NOT  BE
 COUNTED AS ELIGIBLE RESIDENTIAL DWELLING UNITS:
   A.  ANY  PERMITTED  RESIDENTIAL  DWELLING  UNIT WHERE MORE THAN TWELVE
 MONTHS HAVE PASSED BETWEEN THE AUTHORIZATION GRANTING PERMISSION AND THE
 COMMENCEMENT OF CONSTRUCTION; AND
   B. 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 OCCU-
 PANCY.
   5. IN THE EVENT A PERMITTED RESIDENTIAL DWELLING UNIT IS  NOT  COUNTED
 AS  AN  ELIGIBLE  RESIDENTIAL  UNIT PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION, SUCH RESIDENTIAL DWELLING UNIT MAY BE COUNTED  AS  AN  ELIGIBLE
 RESIDENTIAL 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 TARGETS.
   6. A. IT SHALL BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS
 SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF THIS  SUBDI-
 VISION.  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 SUBDIVISION 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 SUBDIVISION TO BE IN
 EFFECT THROUGHOUT SUCH LOCALITY.
   (I) FOR THE PURPOSES OF THIS SUBDIVISION:
   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
 S. 4006--B                         50
 
 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
 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;
 S. 4006--B                         51
 
   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; OR
   H. ANY REQUIREMENT FOR OWNER OCCUPANCY IN EITHER THE PRIMARY OR ACCES-
 SORY DWELLING UNIT.
   (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.
   (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
 S. 4006--B                         52
 
 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.
   (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, BUT MUST MEET THE FOLLOWING CRITERIA:
   A.  BE  LOCATED  IN  A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN
 URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND
   B. COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT  TO
 THE  FEDERAL  COMPREHENSIVE  ENVIRONMENTAL  RESPONSE,  COMPENSATION  AND
 LIABILITY ACT (42 U.S.C. CHAPTER 103), AND  COMPLETE  TESTING  FOR  LEAD
 WATER  AND  PAINT,  ASBESTOS,  AND  RADON, THE RESULTS OF WHICH SHALL BE
 SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE  LOCAL  AGENCY
 RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION;
   C.  RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL,
 AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT
 SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY  STATE  WETLAND  LAWS  OR
 DRINKING  WATER  LAWS  UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR
 ANY RULES OR REGULATIONS PROMULGATED THERETO; OR
   D. HAVE BEEN  SUBJECT  TO  A  GENERAL  ENVIRONMENTAL  IMPACT  ANALYSIS
 THROUGH AN ENVIRONMENTAL IMPACT STATEMENT.
   (XIII)  A  COURT  SHALL  NOT  INTERVENE  WITH  AN ENVIRONMENTAL REVIEW
 CONDUCTED PURSUANT TO THIS ARTICLE OR RULES OR  REGULATIONS  PROMULGATED
 THERETO UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL
 TO THE DECISION MAKERS' REVIEW.
   B.  IT  SHALL  BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS
 SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF  THIS  PARA-
 S. 4006--B                         53

 GRAPH.  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) 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.
   (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
 S. 4006--B                         54
 
 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
 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,  BUT
 MUST MEET THE FOLLOWING CRITERIA:
   A.  BE  LOCATED  IN  A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN
 URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND
   B. COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT  TO
 THE  FEDERAL  COMPREHENSIVE  ENVIRONMENTAL  RESPONSE,  COMPENSATION  AND
 LIABILITY ACT (42 U.S.C. CHAPTER 103), AND  COMPLETE  TESTING  FOR  LEAD
 WATER  AND  PAINT,  ASBESTOS,  AND  RADON, THE RESULTS OF WHICH SHALL BE
 SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE  LOCAL  AGENCY
 RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION;
   C.  RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL,
 AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT
 SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY  STATE  WETLAND  LAWS  OR
 DRINKING  WATER  LAWS  UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR
 ANY RULES OR REGULATIONS PROMULGATED THERETO; OR
   D. HAVE BEEN  SUBJECT  TO  A  GENERAL  ENVIRONMENTAL  IMPACT  ANALYSIS
 THROUGH AN ENVIRONMENTAL IMPACT STATEMENT.
   (X) A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED
 PURSUANT  TO  THIS  ARTICLE  OR RULES OR REGULATIONS PROMULGATED THERETO
 UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL TO  THE
 DECISION MAKERS' REVIEW.
 S. 4006--B                         55
 
   C.  IT  SHALL  BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS
 SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF  THIS  PARA-
 GRAPH.  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,  BUT
 MUST MEET THE FOLLOWING CRITERIA:
   A.  BE  LOCATED  IN  A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN
 URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND
   B. COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT  TO
 THE  FEDERAL  COMPREHENSIVE  ENVIRONMENTAL  RESPONSE,  COMPENSATION  AND
 LIABILITY ACT (42 U.S.C. CHAPTER 103), AND  COMPLETE  TESTING  FOR  LEAD
 WATER  AND  PAINT,  ASBESTOS,  AND  RADON, THE RESULTS OF WHICH SHALL BE
 SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE  LOCAL  AGENCY
 RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION;
   C.  RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL,
 AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT
 SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY  STATE  WETLAND  LAWS  OR
 DRINKING  WATER  LAWS  UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR
 ANY RULES OR REGULATIONS PROMULGATED THERETO; OR
   D. HAVE BEEN  SUBJECT  TO  A  GENERAL  ENVIRONMENTAL  IMPACT  ANALYSIS
 THROUGH AN ENVIRONMENTAL IMPACT STATEMENT.
   (III)  A  COURT  SHALL  NOT  INTERVENE  WITH  AN  ENVIRONMENTAL REVIEW
 CONDUCTED PURSUANT TO THIS ARTICLE OR RULES OR  REGULATIONS  PROMULGATED
 THERETO UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL
 TO THE DECISION MAKERS' REVIEW.
 S. 4006--B                         56
 
   D.  IT  SHALL  BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS
 SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF  THIS  PARA-
 GRAPH. 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 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)  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, BUT MUST MEET THE FOLLOWING CRITERIA:
   A.  BE  LOCATED  IN  A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN
 URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND
   B. COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT  TO
 THE  FEDERAL  COMPREHENSIVE  ENVIRONMENTAL  RESPONSE,  COMPENSATION  AND
 LIABILITY ACT (42 U.S.C. CHAPTER 103), AND  COMPLETE  TESTING  FOR  LEAD
 WATER  AND  PAINT,  ASBESTOS,  AND  RADON, THE RESULTS OF WHICH SHALL BE
 SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE  LOCAL  AGENCY
 RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION;
   C.  RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL,
 AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT
 SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY  STATE  WETLAND  LAWS  OR
 DRINKING  WATER  LAWS  UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR
 ANY RULES OR REGULATIONS PROMULGATED THERETO; OR
 S. 4006--B                         57
 
   D. HAVE BEEN  SUBJECT  TO  A  GENERAL  ENVIRONMENTAL  IMPACT  ANALYSIS
 THROUGH AN ENVIRONMENTAL IMPACT STATEMENT.
   (V) A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED
 PURSUANT  TO  THIS  ARTICLE  OR RULES OR REGULATIONS PROMULGATED THERETO
 UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL TO  THE
 DECISION MAKERS' REVIEW.
   (VI)  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, BUT MUST MEET THE FOLLOWING
 CRITERIA:
   A. BE LOCATED IN A CENSUS TRACT DEFINED AS AN  URBANIZED  AREA  OR  AN
 URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND
   B.  COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT TO
 THE  FEDERAL  COMPREHENSIVE  ENVIRONMENTAL  RESPONSE,  COMPENSATION  AND
 LIABILITY  ACT  (42  U.S.C.  CHAPTER 103), AND COMPLETE TESTING FOR LEAD
 WATER AND PAINT, ASBESTOS, AND RADON, THE  RESULTS  OF  WHICH  SHALL  BE
 SUBMITTED  BY  THE PROPOSED DEVELOPER OF SUCH ACTION TO THE LOCAL AGENCY
 RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION;
   C. RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL  PROFESSIONAL,
 AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT
 SUCH  ACTION,  AS  PROPOSED,  WILL NOT VIOLATE ANY STATE WETLAND LAWS OR
 DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC  HEALTH  LAW,  OR
 ANY RULES OR REGULATIONS PROMULGATED THERETO; OR
   D.  HAVE  BEEN  SUBJECT  TO  A  GENERAL  ENVIRONMENTAL IMPACT ANALYSIS
 THROUGH AN ENVIRONMENTAL IMPACT STATEMENT.
   (VII) A  COURT  SHALL  NOT  INTERVENE  WITH  AN  ENVIRONMENTAL  REVIEW
 CONDUCTED  PURSUANT  TO THIS ARTICLE OR RULES OR REGULATIONS PROMULGATED
 THERETO UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL
 TO THE DECISION MAKERS' REVIEW.
   (VIII) PROJECT SPECIFIC REVIEW OF ANY PROJECT THAT  PROVIDES  RESIDEN-
 TIAL 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--B                         58
 
   E.  IT  SHALL  BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS
 SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF  THIS  PARA-
 GRAPH. 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  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)  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, BUT MUST MEET THE FOLLOWING CRITERIA:
   A.  BE  LOCATED  IN  A CENSUS TRACT DEFINED AS AN URBANIZED AREA OR AN
 URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND
   B. COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT  TO
 THE  FEDERAL  COMPREHENSIVE  ENVIRONMENTAL  RESPONSE,  COMPENSATION  AND
 LIABILITY ACT (42 U.S.C. CHAPTER 103), AND  COMPLETE  TESTING  FOR  LEAD
 WATER  AND  PAINT,  ASBESTOS,  AND  RADON, THE RESULTS OF WHICH SHALL BE
 SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE  LOCAL  AGENCY
 RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION;
   C.  RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL,
 AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT
 SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE ANY  STATE  WETLAND  LAWS  OR
 DRINKING  WATER  LAWS  UNDER ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, OR
 ANY RULES OR REGULATIONS PROMULGATED THERETO; OR
 S. 4006--B                         59
 
   D. HAVE BEEN  SUBJECT  TO  A  GENERAL  ENVIRONMENTAL  IMPACT  ANALYSIS
 THROUGH AN ENVIRONMENTAL IMPACT STATEMENT.
   (III)  A  COURT  SHALL  NOT  INTERVENE  WITH  AN  ENVIRONMENTAL REVIEW
 CONDUCTED PURSUANT TO THIS ARTICLE OR RULES OR  REGULATIONS  PROMULGATED
 THERETO UNLESS THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL
 TO THE DECISION MAKERS' REVIEW.
   (IV)  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.
   (V)  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.
   F.  IT  SHALL  BE CONSIDERED TO BE A PREFERRED ACTION PURSUANT TO THIS
 SECTION IF A LOCALITY ENACTS BY LOCAL LAW THE PROVISIONS OF  THIS  PARA-
 GRAPH.  FOR  ANY LOCALITY WITHIN A CITY WITH A POPULATION OF ONE MILLION
 OR MORE THAT HAS AN AVERAGE AGGREGATE DENSITY LESS THAN  FIFTY  DWELLING
 UNITS  PER  ACRE  ONE-HALF  MILE FROM ITS TRANSIT STATIONS AS OF JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR, 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) FOR THE PURPOSES OF THIS PARAGRAPH:
   (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:
 S. 4006--B                         60
 
   (1)  WITHIN  A  TIER 1 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTY RESIDENTIAL DWELLINGS PER ACRE;
   (2)  WITHIN  A  TIER 2 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FORTY RESIDENTIAL DWELLINGS PER ACRE;
   (3) WITHIN A TIER 3 TRANSIT-ORIENTED DEVELOPMENT  ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE THIRTY RESIDENTIAL DWELLINGS PER ACRE;
   (4)  WITHIN  A  TIER 4 TRANSIT-ORIENTED DEVELOPMENT ZONE, THE REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE TWENTY RESIDENTIAL DWELLINGS PER ACRE;
   (5) WITHIN A TIER 5 TRANSIT-ORIENTED DEVELOPMENT  ZONE,  THE  REQUIRED
 MINIMUM AVERAGE DENSITY SHALL BE FIFTEEN RESIDENTIAL DWELLINGS PER ACRE;
 AND
   (6)  WITHIN  A  TIER 6 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
 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:
   (1) WRITTEN OR OTHER COMPREHENSIVE PLAN OR PLANS;
   (2) ZONING ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (3) SPECIAL USE PERMIT, SPECIAL EXCEPTION PERMIT,  OR  SPECIAL  PERMIT
 ORDINANCE, LOCAL LAWS, RESOLUTIONS OR REGULATIONS;
   (4) SUBDIVISION ORDINANCE, LOCAL LAWS, RESOLUTIONS, OR REGULATIONS;
   (5)  SITE  PLAN  REVIEW  ORDINANCE,  LOCAL  LAWS, RESOLUTIONS OR REGU-
 LATIONS; AND/OR
   (6) 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 DEVEL-
 OPMENT OF LAND OR THE INTENSITY OF SUCH DEVELOPMENT.
   (H) "MAPPED OR DEDICATED PARKS" SHALL BE DEFINED AS:
   (1) 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
   (2)  ANY  PARKLAND  EXPRESSLY OR IMPLIEDLY DEDICATED TO PARK OR RECRE-
 ATIONAL USE ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
 S. 4006--B                         61

   (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) "ELIGIBLE 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" SHALL BE 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:
   (1)  BE  COMPLETED  WITH  APPROVAL OR DENIAL DELIVERED TO THE APPLYING
 PARTY WITHIN ONE HUNDRED TWENTY DAYS OF THE APPLICATION BEING SUBMITTED;
 AND
   (2) BE LIMITED TO A REVIEW OF THE FOLLOWING:
   (I) THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE  DRINKING
 WATER AND WASTEWATER SERVICES TO THE PROPOSED PROJECT;
   (II)  THE CAPACITY OF LOCAL INFRASTRUCTURE TO PROVIDE ADEQUATE UTILITY
 SERVICES TO THE PROPOSED PROJECT; AND
   (III) 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  TRANSIT-ORIENTED  DEVELOPMENT
 REVIEW  PROCESS  MAY  CONSIDER  AESTHETICS, AND PROVIDED FURTHER THAT NO
 AESTHETIC REQUIREMENTS SHALL INCREASE THE COST OF AN ELIGIBLE PROJECT TO
 MAKE SUCH PROJECT AS PROPOSED ECONOMICALLY INFEASIBLE.
   (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-
 S. 4006--B                         62
 
 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 WITHIN A CITY WITH A POPULATION  OF  GREATER  THAN  ONE  MILLION
 PEOPLE.
   (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  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.
   (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 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.
   (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 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.
   (U) "TIER 5 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.
   (V)  "TIER  6 QUALIFYING TRANSIT STATION" SHALL BE DEFINED AS ANY RAIL
 OR BUS STATION WITHIN THE STATE OF NEW YORK THAT IS NOT OPERATED  ON  AN
 EXCLUSIVELY  SEASONAL  BASIS  AND  THAT  IS OWNED, OPERATED OR OTHERWISE
 SERVED BY AMTRAK, PROVIDES FREQUENT SERVICE, OR HAS SUBSTANTIAL PARKING,
 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.
 S. 4006--B                         63
 
   (W) "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.
   (X) "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.
   (Y) "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.
   (Z) "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.
   (AA)  "TIER  5  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 5 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 5 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 5 QUALIFYING TRANSIT STATIONS, REGARDLESS OF THE OWNERSHIP  OF
 S. 4006--B                         64
 
 SUCH  PARKING STRUCTURES OR FACILITIES, AS OF THE EFFECTIVE DATE OF THIS
 SECTION. PROVIDED FURTHER THAT ANY TIER  5  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 5 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (BB)  "TIER  6  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 6 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 6 QUALIFYING TRANSIT STATIONS, AND ARE APPURTENANT TO
 SUCH TIER 6 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  6  QUALIFYING  TRANSIT  STATION
 SHALL  BE CONSIDERED TO BE PART OF SUCH TIER 6 TRANSIT-ORIENTED DEVELOP-
 MENT ZONE.
   (CC) "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, A TIER 4 TRANSIT-OR-
 IENTED DEVELOPMENT ZONE, A TIER 5 TRANSIT-ORIENTED DEVELOPMENT ZONE,  OR
 A TIER 6 TRANSIT-ORIENTED DEVELOPMENT ZONE AS APPLICABLE.
   (II)  A  LOCAL GOVERNMENT SHALL, BY LOCAL LAW, PROVIDE FOR THE FACILI-
 TATION OF TRANSIT-ORIENTED DEVELOPMENT BY:
   (A) 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 APPLICABLE AGGREGATE DENSITY
 OVER THE TRANSIT-ORIENTED DEVELOPMENT ZONE.
   (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 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.
   (C)  ALL  PROPOSED ACTIONS SUBJECT TO REVIEW PURSUANT TO A TRANSIT-OR-
 IENTED 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.
 PROJECTS  NOT  SUBJECT  TO  ENVIRONMENTAL REVIEW MUST MEET THE FOLLOWING
 CRITERIA:
   (1) BE LOCATED IN A CENSUS TRACT DEFINED AS AN URBANIZED  AREA  OR  AN
 URBAN CLUSTER BY THE FEDERAL CENSUS BUREAU; AND
   (2) COMPLETE A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) PURSUANT TO
 THE  FEDERAL  COMPREHENSIVE  ENVIRONMENTAL  RESPONSE,  COMPENSATION  AND
 LIABILITY ACT (42 U.S.C. CHAPTER 103), AND  COMPLETE  TESTING  FOR  LEAD
 WATER  AND  PAINT,  ASBESTOS,  AND  RADON, THE RESULTS OF WHICH SHALL BE
 SUBMITTED BY THE PROPOSED DEVELOPER OF SUCH ACTION TO THE  LOCAL  AGENCY
 RESPONSIBLE FOR APPROVING OR DENYING THE APPLICATION FOR SUCH ACTION;
   (3) RECEIVE CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL PROFESSIONAL,
 AS SUCH TERM IS DEFINED BY THE COMMISSIONER PURSUANT TO REGULATION, THAT
 S. 4006--B                         65
 
 SUCH  ACTION,  AS  PROPOSED,  WILL NOT VIOLATE ANY STATE WETLAND LAWS OR
 DRINKING WATER LAWS UNDER ARTICLE ELEVEN OF THE PUBLIC  HEALTH  LAW,  OR
 ANY RULES OR REGULATIONS PROMULGATED THERETO; OR
   (4)  HAVE  BEEN  SUBJECT  TO  A  GENERAL ENVIRONMENTAL IMPACT ANALYSIS
 THROUGH AN ENVIRONMENTAL IMPACT STATEMENT.
   (D) A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED
 PURSUANT TO THIS ARTICLE OR RULES  OR  REGULATIONS  PROMULGATED  THERETO
 UNLESS  THERE IS SUBSTANTIAL INFORMATION MISSING THAT IS MATERIAL TO THE
 DECISION MAKERS' REVIEW.
   § 1004. HOUSING PRODUCTION INCENTIVES. 1. LOCALITIES MAY ACCESS FUNDS,
 SUBJECT TO APPROPRIATION, AT THE DISCRETION OF  THE  LAND  USE  ADVISORY
 COUNCIL  FOR  THE  PURPOSE  OF ENGAGING IN HOUSING DATA COLLECTION AND A
 GENERAL PLANNING PROCESS.
   2. LOCALITIES DETERMINED BY THE LAND  USE  ADVISORY  COUNCIL  TO  HAVE
 REACHED OR SURPASSED THEIR GROWTH TARGETS OR ADOPTED A PREFERRED ACTION,
 AS  SET PURSUANT TO SECTION ONE THOUSAND THREE OF THIS ARTICLE, SHALL BE
 ELIGIBLE FOR AN INCENTIVE BONUS DISBURSED BY THE LAND USE ADVISORY COUN-
 CIL FROM THE NEWLY  CREATED  HOUSING  INFRASTRUCTURE  FUND,  SUBJECT  TO
 APPROPRIATION.
   3.  LOCALITIES  DETERMINED  BY  THE  LAND USE ADVISORY COUNCIL TO HAVE
 REACHED OR SURPASSED THEIR GROWTH TARGETS OR ADOPTED A PREFERRED ACTION,
 SET PURSUANT TO SECTION ONE THOUSAND THREE OF  THIS  ARTICLE,  SHALL  BE
 ELIGIBLE  FOR  A  TEN  PERCENT  INCREASE OF POINTS ON SUCH LOCALITY'S OR
 LOCALITIES' CONSOLIDATED FUNDING APPLICATION, A TEN PERCENT INCREASE  IN
 AID AND INCENTIVES FOR MUNICIPALITIES AND AID AND INCENTIVES FOR MUNICI-
 PALITIES  RELATED PAYMENTS, INCREASED ELIGIBILITY FOR INDIVIDUAL INFRAS-
 TRUCTURE, TRANSPORTATION, PARKS, AND ECONOMIC DEVELOPMENT GRANTS.
   4. LOCALITIES SEEKING HOUSING PRODUCTION INCENTIVES PURSUANT  TO  THIS
 SECTION, MUST MEET PROPOSED GROWTH TARGETS BY DECEMBER THIRTY-FIRST, TWO
 THOUSAND  TWENTY-SIX.   UPON REQUEST TO THE LAND USE ADVISORY COUNCIL, A
 LOCALITY MAY BE GRANTED ADDITIONAL TIME TO MEET PROPOSED GROWTH  TARGETS
 AND  REMAIN  ELIGIBLE FOR INCENTIVES PURSUANT TO THIS SECTION.  THE LAND
 USE ADVISORY COUNCIL MAY GRANT ADDITIONAL TIME TO A LOCALITY  ENDING  NO
 LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT.
   § 1005. LAND USE ADVISORY COUNCIL. 1. STRUCTURE AND POWERS OF THE LAND
 USE ADVISORY COUNCIL.
   A.  THERE IS HEREBY ESTABLISHED, WITHIN THE DIVISION, A LAND USE ADVI-
 SORY COUNCIL, TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
   B. THE LAND USE ADVISORY COUNCIL 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 COUNCIL  MEMBERS
 SHALL  SERVE A FIVE YEAR TERM, AND SHALL ONLY BE RELIEVED FOR CAUSE. ANY
 VACANCIES ON THE COUNCIL SHALL BE FILLED WITHIN A REASONABLE TIME PERIOD
 BY THE OFFICIAL WHO APPOINTED  THE  COUNCIL  MEMBER  WHOSE  ABSENCE  HAS
 CAUSED THE VACANCY.
   C.  THE  LAND  USE ADVISORY COUNCIL SHALL HAVE THE POWER AND DUTIES TO
 REVIEW FUNDING REQUESTS MADE BY LOCALITIES  PURSUANT  TO  THIS  ARTICLE,
 MAKE DETERMINATIONS REGARDING ACHIEVEMENT OF GROWTH TARGETS AND ADOPTION
 OF  PREFERRED  ACTIONS  PURSUANT TO THIS ARTICLE, DISBURSEMENT OF FUNDS,
 SUBJECT TO APPROPRIATION, PURSUANT TO THIS ARTICLE, AND ANY OTHER DUTIES
 NECESSARY TO EFFECTUATE THE RESPONSIBILITIES OF THE  LAND  USE  ADVISORY
 COUNCIL  PURSUANT  TO THIS ARTICLE.  THE POWERS OF THE LAND USE ADVISORY
 COUNCIL 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 DOCU-
 S. 4006--B                         66
 
 MENTS GOVERNING THE ADMINISTRATION OF HOUSING BY THE DIVISION  OF  HOMES
 AND COMMUNITY RENEWAL.
   D.  THE DIVISION SHALL PROVIDE ANY ADMINISTRATIVE AND STAFF SUPPORT TO
 THE LAND USE ADVISORY COUNCIL NECESSARY FOR THE EFFECTIVE IMPLEMENTATION
 OF THE PROVISIONS OF 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  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
 
                           Intentionally Omitted
 
                                  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. EACH LOCAL BOARD MAY SUBMIT TO THE DIVISION OF HOUSING AND COMMUNI-
 TY 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,  ALTERATION,  DEMOLITION,  OR
 CONSOLIDATION  OF  A  HOUSING SITE WITHIN THE JURISDICTION 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;
 S. 4006--B                         67
 
   (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, EACH LOCAL BOARD MAY
 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.
   5. LOCALITIES SHALL RECEIVE FUNDS, AS  APPROPRIATION  PERMITS,  TO  BE
 USED FOR THE PURPOSE OF SUPPORTING TECHNICAL AND FISCAL NEEDS RELATED TO
 THE  COLLECTION  OF  INFORMATION  REQUIRED  PURSUANT TO THIS SECTION, IN
 ORDER TO FACILITATE INFORMATION COLLECTION IN THE MANNER PROMULGATED  BY
 THE COMMISSIONER.
   §  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
 
                           Intentionally Omitted
 
                                  PART J
 S. 4006--B                         68

   Section 1. This Part enacts into law major components  of  legislation
 relating  to  multiple  dwellings  and certain exemptions therefor. Each
 component wholly contained within a Subpart identified as Subparts A,  B
 and C. The effective date for each particular provision contained within
 such  Subpart  is  set  forth  in  the last section of such Subpart. Any
 provision in any section  contained  within  a  Subpart,  including  the
 effective  date  of  the Subpart, which makes reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the  Subpart
 in  which it is found. Section three of this Part sets forth the general
 effective date of this Part.
 
                                 SUBPART A
 
   Section 1. 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
 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-
 S. 4006--B                         69
 
 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
 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
 S. 4006--B                         70
 
 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
 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.
 
                                 SUBPART B
 
   Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the
 labor  law,  as added by section 1 of part FFF of chapter 58 of the laws
 of 2020, are amended and a new paragraph e is added to read as follows:
 S. 4006--B                         71
 
   c. Money loaned by the public entity that is to be repaid on a contin-
 gent basis; [or]
   d.  Credits that are applied by the public entity against repayment of
 obligations to the public entity[.]; OR
   E. BENEFITS UNDER SECTION FOUR HUNDRED SIXTY-SEVEN-M OF THE REAL PROP-
 ERTY TAX LAW.
   § 2. The real property tax law is amended  by  adding  a  new  section
 467-m to read as follows:
   § 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI-
 PLE  DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.  1.
 DEFINITIONS. FOR PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE-
 FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE
 EXEMPTION  FROM  REAL  PROPERTY  TAXATION  AUTHORIZED  PURSUANT  TO THIS
 SECTION.
   B. "AFFORDABILITY REQUIREMENT" SHALL MEAN  THAT  WITHIN  ANY  ELIGIBLE
 MULTIPLE  DWELLING:  (I)  NOT  LESS  THAN TWENTY PERCENT OF THE DWELLING
 UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE  PERCENT  OF
 THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE
 WEIGHTED  AVERAGE  OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING
 UNITS DOES NOT  EXCEED  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.
   G-1.  "BUILDING SERVICE WORK" SHALL HAVE THE SAME MEANING AS SET FORTH
 IN ARTICLE NINE OF THE LABOR LAW.
   H. "COMMENCEMENT DATE" SHALL MEAN  THE  DATE  UPON  WHICH  THE  ACTUAL
 CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH.
 S. 4006--B                         72
 
   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-
 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
 S. 4006--B                         73
 
 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
 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
 S. 4006--B                         74
 
 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
 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
 S. 4006--B                         75
 
 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.
   7.  PUBLIC  FUNDS. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE INCEN-
 TIVES PROVIDED FOR IN PARAGRAPH A OF SUBDIVISION THREE  OF  SECTION  TWO
 HUNDRED  TWENTY-FOUR-A  OF  THE LABOR LAW SHALL BE DEEMED "PUBLIC FUNDS"
 PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-FOUR-A OF  THE
 LABOR LAW.  AS SUCH, ANY PROJECT THAT MEETS THE DEFINITION OF A "COVERED
 PROJECT"  PURSUANT  TO  SUBDIVISIONS ONE AND FOUR OF SECTION TWO HUNDRED
 TWENTY-FOUR-A OF THE LABOR LAW SHALL COMPLY  WITH  ALL  REQUIREMENTS  OF
 SUCH LAW.
   7-A.  BUILDING SERVICE WORK. BUILDING SERVICE WORK SHALL BE SUBJECT TO
 PREVAILING WAGE UNDER ARTICLE EIGHT OF THE LABOR LAW WHERE  THE  PROJECT
 MEETS  THE  DEFINITION  OF A "COVERED PROJECT" AS DEFINED IN SECTION TWO
 HUNDRED TWENTY-FOUR-A OF THE LABOR LAW. ANY PROJECT THAT MEETS THE DEFI-
 NITION OF A "COVERED PROJECT" PURSUANT TO SUBDIVISIONS ONE AND  FOUR  OF
 SECTION TWO HUNDRED TWENTY-FOUR-A OF THE LABOR LAW SHALL COMPLY WITH ALL
 REQUIREMENTS OF SUCH LAW.
   8.  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,
 S. 4006--B                         76
 
 AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV)  TO
 HOLD  HEARINGS  AND,  IN  CONNECTION  THEREWITH, TO ISSUE SUBPOENAS, THE
 ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL  PRACTICE  LAW  AND
 RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA-
 TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY
 OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS
 BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION;
 (VI)  TO  REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
 OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT  TO  THE  BUILDING  SERVICE
 EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FORE-
 GOING  POWERS  TO  HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE;
 (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE
 PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES  AND  POWERS  CONFERRED
 UPON  HIM  OR  HER  BY  THE  PROVISIONS OF THIS SUBDIVISION; AND (IX) TO
 PRESCRIBE  APPROPRIATE  SANCTIONS  FOR  FAILURE  TO  COMPLY   WITH   THE
 PROVISIONS  OF  THIS  SUBDIVISION.  FOR EACH VIOLATION OF PARAGRAPH B OF
 THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK
 WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES  THE
 AMOUNT  OF  THE  BACK  WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
 AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS  THAT
 THE  APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI-
 SION, HE OR SHE SHALL PRESENT EVIDENCE OF  SUCH  NON-COMPLIANCE  TO  THE
 AGENCY.
   D.  PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN
 ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY  DWELLING  UNITS;
 OR  (II)  AN  ELIGIBLE  MULTIPLE  DWELLING  WHOSE ELIGIBLE CONVERSION IS
 CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS  OR  SUBSI-
 DIES  PROVIDED  BY  A  FEDERAL,  STATE  OR  LOCAL GOVERNMENTAL AGENCY OR
 INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF  AFFORDABLE
 HOUSING.
   E.  THE  APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION
 CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF  THIS  SUBDIVI-
 SION  OR  IS  EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION.
 UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT
 EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION  SHALL  SUBMIT
 ANNUALLY  A  SWORN  AFFIDAVIT  TO  THE FISCAL OFFICER CERTIFYING THAT IT
 SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION.
   9. 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.
   10.  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.
   11. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC
 PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION.  IF  AN  APPLICANT
 HAS  COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF SUBDIVISION EIGHT
 OF THIS SECTION WITHIN A FIVE-YEAR PERIOD, THE  AGENCY  MAY  REVOKE  ANY
 BENEFITS  UNDER  THIS  SECTION.  FOR  PURPOSES  OF  THIS  SUBDIVISION, A
 "VIOLATION" OF SUBDIVISION EIGHT OF THIS SECTION SHALL BE DEEMED A FIND-
 ING BY THE FISCAL OFFICER THAT THE APPLICANT HAS FAILED TO  COMPLY  WITH
 SUBDIVISION  EIGHT OF THIS SECTION AND HAS FAILED TO CURE THE DEFICIENCY
 WITHIN THREE MONTHS OF SUCH FINDING. PROVIDED,  HOWEVER,  THAT  AFTER  A
 S. 4006--B                         77

 SECOND  SUCH VIOLATION, THE APPLICANT SHALL BE NOTIFIED THAT ANY FURTHER
 VIOLATION MAY RESULT IN THE REVOCATION OF BENEFITS  UNDER  THIS  SECTION
 AND  THAT  THE FISCAL OFFICER SHALL PUBLISH ON ITS WEBSITE A LIST OF ALL
 APPLICANTS  WITH  TWO  VIOLATIONS AS DEFINED IN THIS SUBDIVISION. ALL OF
 THE AFFORDABLE 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 TERMI-
 NATED OR REVOKED.
   12. 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.
   13.  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.
   14. 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 GUIL-
 TY  OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-
 FIVE HUNDRED TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE  PENALTIES
 PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW AND
 SHALL  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.
   15.  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.
   16. RULES. EXCEPT AS PROVIDED IN SUBDIVISION EIGHT  OF  THIS  SECTION,
 THE  AGENCY  SHALL  HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF
 THIS SECTION AND MAY PROMULGATE RULES TO CARRY  OUT  THE  PROVISIONS  OF
 THIS SECTION.
 S. 4006--B                         78
 
   17.  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 SIXTEEN 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.
 
                                 SUBPART C
 
   Section 1. Paragraphs d and e of subdivision 2 of section 224-a of the
 labor  law, paragraph d as amended and paragraph e as added by section 1
 of subpart B of this act, are amended and a new paragraph f is added  to
 read as follows:
   d.  Credits that are applied by the public entity against repayment of
 obligations to the public entity; [or]
   e. Benefits under section four hundred sixty-seven-m of the real prop-
 erty tax law[.]; OR
   F. BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-P OF THE REAL  PROP-
 ERTY TAX LAW.
   §  2.  The  real  property  tax law is amended by adding a new section
 421-p to read as follows:
   § 421-P. EXEMPTION OF ELIGIBLE CONVERSIONS TO RENTAL  MULTIPLE  DWELL-
 INGS.  1. (A) A CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, PROVIDE FOR THE
 EXEMPTION OF RENTAL MULTIPLE DWELLINGS CONVERTED FROM EXISTING NON-RESI-
 DENTIAL BUILDINGS 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
 S. 4006--B                         79
 
 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 BENEFIT 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
 BENEFIT 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.
   (D)  THE  TERM "NON-RESIDENTIAL BUILDING" MEANS 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  OCCU-
 PANCY 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 CITY, TOWN, OR VILLAGE.
   (E) THE TERM "ELIGIBLE CONVERSION" SHALL  MEAN  THE  CONVERSION  OF  A
 NON-RESIDENTIAL BUILDING TO AN ELIGIBLE MULTIPLE DWELLING.
   2.  ELIGIBLE  CONVERSIONS  RENTAL  MULTIPLE  DWELLINGS IN A DESIGNATED
 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 THIRTY YEARS AT FIFTY PERCENT. 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.  AFFORDABILITY  REQUIREMENTS.  AN  ELIGIBLE  CONVERSION TO A RENTAL
 MULTIPLE DWELLING SHALL COMPLY WITH THE FOLLOWING AFFORDABILITY REQUIRE-
 MENTS DURING THE BENEFIT PERIOD:
   (A) ALL INCOME-RESTRICTED DWELLING UNITS IN A RENTAL MULTIPLE DWELLING
 SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS NON-RESTRICTED
 UNITS IN SUCH ELIGIBLE CONVERSION AND SHALL NOT BE ISOLATED TO A SPECIF-
 IC FLOOR OR  AREA  OF  AN  ELIGIBLE  RENTAL  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  RENTAL  MULTIPLE
 DWELLING.
   (B)  UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL
 HOUSING PROGRAM, EITHER: (I) THE INCOME-RESTRICTED UNITS IN AN  ELIGIBLE
 CONVERSION  SHALL  HAVE  A  UNIT  MIX PROPORTIONAL TO THE NON-RESTRICTED
 UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE INCOME-RESTRICTED UNITS  IN
 AN ELIGIBLE RENTAL 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.
   4. A RENTAL MULTIPLE DWELLING 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.
   5. A RENTAL MULTIPLE DWELLING UNIT SHALL NOT BE CONVERTED  TO  COOPER-
 ATIVE OR CONDOMINIUM OWNERSHIP.
   6.  APPLICATION  FOR  EXEMPTION  UNDER THIS SECTION SHALL BE MADE ON A
 FORM PRESCRIBED BY THE COMMISSIONER OF THE DIVISION OF HOMES AND  COMMU-
 NITY  RENEWAL  AND  FILED  WITH THE ASSESSOR ON OR BEFORE THE APPLICABLE
 TAXABLE STATUS DATE.
 S. 4006--B                         80
 
   7. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE  IN
 A CITY WITH A POPULATION OF ONE MILLION OR MORE.
   8.  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.
   § 3. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Subparts A through C of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART K
 
                           Intentionally Omitted
 
                                  PART L
 
                           Intentionally Omitted
 
                                  PART M
 
                           Intentionally Omitted
 
                                  PART N
 
                           Intentionally Omitted
 
                                  PART O
 
                           Intentionally Omitted
 
                                  PART P

                           Intentionally Omitted
 
                                  PART Q
 S. 4006--B                         81
 
   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  $17,780,000  for  the  fiscal
 year ending March 31, 2024.  Within this total amount, $125,000 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
 $17,780,000, 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 $7,750,000 for the fiscal year ending March
 31, 2024.  ;Within this total amount, $125,000 shall  be  used  for  the
 purpose  of entering into a contract with the rural housing coalition to
 provide technical assistance and services to companies  funded  pursuant
 to  article  17 of the private housing finance law.  Notwithstanding any
 other provision of law, and subject to the  approval  of  the  New  York
 state director of the budget, the board of directors of the state of New
 York  mortgage  agency shall authorize the transfer to the housing trust
 fund corporation, for the purposes of reimbursing any  costs  associated
 with  rural preservation program contracts authorized by this section, a
 total sum not to exceed $7,750,000, 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
 S. 4006--B                         82
 
 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
 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
 S. 4006--B                         83
 
                           Intentionally Omitted
 
                                  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
 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] ONE HUNDRED THREE
 percent of the state median income, EFFECTIVE OCTOBER FIRST,  TWO  THOU-
 SAND TWENTY-THREE OR ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE MEDIAN
 INCOME, EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, 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  twen-
 ty-two,  provided  such persons are at or below eighty-five] ONE HUNDRED
 THREE percent of the state median income, EFFECTIVE OCTOBER  FIRST,  TWO
 THOUSAND  TWENTY-THREE  OR  ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE
 MEDIAN  INCOME,  EFFECTIVE  OCTOBER  FIRST,  TWO  THOUSAND  TWENTY-FOUR,
 including the provision of training to assist providers in meeting child
 care  standards  or regulatory 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]  ONE  HUNDRED  THREE
 percent of the state median income EFFECTIVE OCTOBER FIRST, TWO THOUSAND
 TWENTY-THREE  OR  ONE  HUNDRED  TWENTY-NINE  PERCENT OF THE STATE MEDIAN
 INCOME, EFFECTIVE  OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR. The  depart-
 ment  shall  have  the  authority  to withhold funds from those agencies
 which do not meet performance standards. Agencies whose funds are  with-
 held  may  have funds restored upon achieving performance standards. The
 other part shall be allocated to social services  districts  to  provide
 S. 4006--B                         84
 
 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]  ONE HUNDRED THREE
 PERCENT OF THE STATE MEDIAN INCOME EFFECTIVE OCTOBER FIRST, TWO THOUSAND
 TWENTY-THREE OR ONE HUNDRED TWENTY-NINE  PERCENT  OF  THE  STATE  MEDIAN
 INCOME,  EFFECTIVE  OCTOBER  FIRST,  TWO  THOUSAND  TWENTY-FOUR, who are
 attempting through work activities to transition off of  public  assist-
 ance  when  such  child care is necessary in order to enable a parent or
 caretaker relative to engage in  work  provided  such  families'  public
 assistance  has  been  terminated  as  a result of increased hours of or
 income from employment or increased income from child  support  payments
 or  the  family  voluntarily  ended assistance; 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]  ONE  HUNDRED  THREE
 PERCENT  OF  THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST, TWO THOU-
 SAND TWENTY-THREE OR ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE MEDIAN
 INCOME, EFFECTIVE OCTOBER FIRST, TWO  THOUSAND  TWENTY-FOUR,  which  are
 determined in accordance with the regulations of the department to be at
 risk  of  becoming dependent on family assistance[; provided, the family
 income does not exceed eighty-five percent of the state median income];
   (d) families with incomes up to [two  hundred  percent  of  the  state
 income  standard,  or three hundred percent of the state income standard
 effective August first,  two  thousand  twenty-two]  ONE  HUNDRED  THREE
 PERCENT  OF  THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST, TWO THOU-
 SAND TWENTY-THREE OR ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE MEDIAN
 INCOME, EFFECTIVE OCTOBER  FIRST,  TWO  THOUSAND  TWENTY-FOUR,  who  are
 attending  a  post  secondary educational program[; provided, the family
 income does not exceed eighty-five percent of the state median  income];
 and
 S. 4006--B                         85
 
   (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] ONE HUNDRED THREE PERCENT OF THE
 STATE MEDIAN INCOME EFFECTIVE OCTOBER FIRST, TWO  THOUSAND  TWENTY-THREE
 OR ONE HUNDRED TWENTY-NINE PERCENT OF THE STATE MEDIAN INCOME, EFFECTIVE
 OCTOBER  FIRST,  TWO  THOUSAND  TWENTY-FOUR, in accordance with criteria
 established by the department[; 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]  ONE HUNDRED THREE percent of the state median
 income EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-THREE OR ONE HUNDRED
 TWENTY-NINE PERCENT OF THE STATE MEDIAN INCOME, EFFECTIVE OCTOBER FIRST,
 TWO THOUSAND TWENTY-FOUR. 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.
 
                                  PART V
 S. 4006--B                         86
 
   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.
 
                                  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. Paragraph (a) of subdivision 8  of  section  131-a  of  the
 social services law is amended by adding a new subparagraph (xi) to read
 as follows:
   (XI)  ALL  OF  THE  INCOME OF A HEAD OF HOUSEHOLD OR ANY PERSON IN THE
 HOUSEHOLD, WHO IS RECEIVING SUCH AID OR FOR WHOM AN APPLICATION FOR SUCH
 AID HAS BEEN MADE, WHICH IS DERIVED FROM PARTICIPATION  IN  A    PROGRAM
 CARRIED   OUT UNDER THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY ACT
 (P.L. 113-128) OR ANY SUCCESSOR ACT  OR  PUBLIC  ASSISTANCE  EMPLOYMENT,
 TRAINING OR SKILLS CERTIFICATION PROGRAM, PROVIDED, HOWEVER, THAT IN THE
 CASE  OF  EARNED INCOME SUCH DISREGARD MUST BE APPLIED FOR AT LEAST, BUT
 S. 4006--B                         87
 
 NO LONGER THAN, SIX CONSECUTIVE MONTHS FOLLOWING THE  LAST  DAY  OF  THE
 MONTH IN WHICH SUCH PERSON COMMENCES EMPLOYMENT AFTER COMPLETING A QUAL-
 IFYING JOB TRAINING OR ADULT EDUCATION PROGRAM.
   § 2. This act shall take effect immediately.
 
                                  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 SEVEN
 BUSINESS DAYS AFTER THE DATE THE VICTIM SUBMITS A SIGNED STATEMENT DOCU-
 MENTING THE THEFT.
   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) REPLACEMENT ASSISTANCE SHALL BE ISSUED IN AN AMOUNT EQUAL  TO  THE
 VALUE OF THE STOLEN BENEFITS; AND
   (B)  (I) NO MORE THAN TWICE IN A CALENDAR YEAR TO COVER PUBLIC ASSIST-
 ANCE STOLEN ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-TWO  THROUGH
 DECEMBER  THIRTY-FIRST,  TWO  THOUSAND TWENTY-FOUR; OR (II) NO MORE THAN
 ONCE IN A CALENDAR YEAR TO COVER PUBLIC ASSISTANCE STOLEN  ON  OR  AFTER
 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE.
   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. Section 95 of the social services law is amended by adding a  new
 subdivision 12 to read as follows:
   12.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
 OFFICE SHALL DIRECT SOCIAL SERVICES  DISTRICTS  TO  PROVIDE  REPLACEMENT
 BENEFITS  IN  INSTANCES  OF  FRAUD  OR  THEFT  OF SUPPLEMENTAL NUTRITION
 ASSISTANCE PROGRAM BENEFITS EQUAL TO THE VALUE OF BENEFITS STOLEN ON  OR
 AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-TWO, IN THE SAME MANNER AS
 OUTLINED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY-TWO-D OF  THIS
 CHAPTER, USING FUNDS FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM,
 AS  AUTHORIZED  PURSUANT TO SECTION 501(B)(2) OF THE CONSOLIDATED APPRO-
 PRIATIONS ACT OF 2023, P.L. 117-328, EMERGENCY  SAFETY  NET  ASSISTANCE,
 EMERGENCY  ASSISTANCE TO FAMILIES, OR EMERGENCY ASSISTANCE TO ADULTS, AS
 APPLICABLE.
 S. 4006--B                         88
 
   § 3. Subdivision 1 of section  303  of  the  social  services  law  is
 amended by adding a new paragraph (p) to read as follows:
   (P) IN THE EVENT OF A REPORTED THEFT OF EMERGENCY ASSISTANCE PREVIOUS-
 LY  ISSUED  PURSUANT  TO THIS SECTION OR THEFT OF SUPPLEMENTAL NUTRITION
 ASSISTANCE BENEFITS, EMERGENCY ASSISTANCE EQUAL  TO  THE  VALUE  OF  THE
 STOLEN  BENEFITS  SHALL  BE  PROVIDED  IN THE SAME MANNER AS OUTLINED IN
 SUBDIVISION FOUR OF SECTION ONE HUNDRED  FIFTY-TWO-D  OF  THIS  CHAPTER.
 WHERE  REPLACEMENT BENEFITS HAVE BEEN ISSUED PURSUANT TO THIS PARAGRAPH,
 THE DISTRICT MAY REQUIRE AN ASSIGNMENT OF  ANY  DUPLICATIVE  REPLACEMENT
 BENEFITS  AUTHORIZED  BY AND ISSUED PURSUANT TO SECTION 501(B)(2) OF THE
 CONSOLIDATED APPROPRIATIONS ACT  OF  2023,  P.L.  117-328,  SHOULD  SUCH
 REPLACEMENT BENEFITS BECOME AVAILABLE AT A FUTURE TIME.
   §  4.  Paragraph  (e)  of subdivision 2 of section 350-j of the social
 services law, as amended by section 38 of part B of chapter 436  of  the
 laws of 1997, is amended to read as follows:
   (e) such occurrence or situation could not have been foreseen  by  the
 applicant[,] AND was not under his or her control [and, in the case of a
 person  receiving public assistance, did not result from the loss, theft
 or mismanagement of a regular public assistance grant]; and
   § 5. Section 350-j of the social services law is amended by  adding  a
 new subdivision 4 to read as follows:
   4. IN INSTANCES OF FRAUD OR THEFT OF BENEFITS OCCURRING  ON  OR  AFTER
 JANUARY  FIRST,  TWO  THOUSAND TWENTY-TWO, EMERGENCY ASSISTANCE TO NEEDY
 FAMILIES WITH CHILDREN BENEFITS SHALL BE ISSUED IN AN  AMOUNT  EQUAL  TO
 THE  VALUE  OF  STOLEN  FAMILY ASSISTANCE, EMERGENCY ASSISTANCE TO NEEDY
 FAMILIES, PANDEMIC ELECTRONIC BENEFIT TRANSFER BENEFITS, OR SUPPLEMENTAL
 NUTRITION  ASSISTANCE PROGRAM BENEFITS IN THE SAME MANNER AS OUTLINED IN
 SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY-TWO-D OF THIS CHAPTER.
   WHERE REPLACEMENT BENEFITS ARE BEING ISSUED PURSUANT TO THIS  SUBDIVI-
 SION,  THE  DISTRICT  MAY REDUCE THE AMOUNT DESIGNATED TO REPLACE STOLEN
 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS BY ANY PREVIOUSLY  OR
 CONTEMPORANEOUSLY  RECEIVED  BENEFITS  AUTHORIZED BY AND ISSUED PURSUANT
 TO SECTION 501(B)(2) OF THE CONSOLIDATED  APPROPRIATIONS  ACT  OF  2023,
 P.L.    117-328. WHERE REPLACEMENT BENEFITS ARE ISSUED PURSUANT TO  THIS
 SUBDIVISION   TO   REPLACE   STOLEN   SUPPLEMENTAL NUTRITION  ASSISTANCE
 PROGRAM  BENEFITS, THE  DISTRICT MAY REQUIRE AN ASSIGNMENT OF ANY DUPLI-
 CATIVE REPLACEMENT  BENEFITS  AUTHORIZED  BY  AND  ISSUED   PURSUANT  TO
 SECTION  501(B)(2)  OF THE   CONSOLIDATED APPROPRIATIONS  ACT  OF  2023,
 P.L.  117-328  SHOULD  SUCH  REPLACEMENT BENEFITS BECOME AVAILABLE AT  A
 FUTURE TIME.
   § 6. Section 159 of the social services law is amended by adding a new
 subdivision 13 to read as follows:
   13.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, IN
 INSTANCES OF FRAUD OR THEFT OF BENEFITS THAT OCCUR ON OR  AFTER  JANUARY
 FIRST,  TWO THOUSAND TWENTY-TWO, THE VICTIM OF SUCH FRAUD OR THEFT SHALL
 BE PROVIDED EMERGENCY ASSISTANCE BENEFITS EQUAL  TO  THE  VALUE  OF  THE
 STOLEN  SAFETY NET ASSISTANCE, EMERGENCY SAFETY NET ASSISTANCE, PANDEMIC
 ELECTRONIC BENEFIT TRANSFER BENEFITS, OR SUPPLEMENTAL NUTRITION  ASSIST-
 ANCE PROGRAM BENEFITS IN THE SAME MANNER AS OUTLINED IN SUBDIVISION FOUR
 OF  SECTION  ONE  HUNDRED FIFTY-TWO-D OF THIS CHAPTER. WHERE REPLACEMENT
 BENEFITS ARE BEING ISSUED PURSUANT TO THIS SUBDIVISION, THE DISTRICT MAY
 REDUCE THE AMOUNT  DESIGNATED  TO  REPLACE STOLEN SUPPLEMENTAL NUTRITION
 ASSISTANCE PROGRAM  BENEFITS  BY  ANY  PREVIOUSLY  OR  CONTEMPORANEOUSLY
 RECEIVED   BENEFITS   AUTHORIZED   BY   AND  ISSUED PURSUANT  TO SECTION
 501(B)(2) OF THE  CONSOLIDATED APPROPRIATIONS ACT OF 2023, P.L. 117-328.
 WHERE REPLACEMENT  BENEFITS ARE ISSUED PURSUANT TO THIS  SUBDIVISION  TO
 S. 4006--B                         89
 
 REPLACE  STOLEN  SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS, THE
 DISTRICT MAY REQUIRE AN ASSIGNMENT OF ANY DUPLICATIVE REPLACEMENT  BENE-
 FITS  AUTHORIZED  BY  AND  ISSUED  PURSUANT  TO SECTION 501(B)(2) OF THE
 CONSOLIDATED  APPROPRIATIONS    ACT  OF 2023,   P.L. 117-328 SHOULD SUCH
 REPLACEMENT BENEFITS BECOME AVAILABLE AT A FUTURE TIME.
   § 7. 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,
 [$1,069.48]  $1,142.48;  and  (iv) for an eligible couple receiving such
 S. 4006--B                         90
 
 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.  Subdivision 1 of section 696-a of the labor law, as added
 by chapter 88 of the laws of 2021, is amended to read as follows:
   1. "Covered airport location"  means  John  F.  Kennedy  International
 Airport  [and], LaGuardia Airport, STEWART INTERNATIONAL AIRPORT, or any
 location used to perform airline catering work as such work is described
 in subparagraph (iv)  of  paragraph  (a)  of  subdivision  two  of  this
 section.
   § 2. This act shall take effect immediately.
 
                                  PART BB
 
   Section  1.  Subdivision 1 of section 196-b of the labor law, as added
 by section 1 of part J of chapter 56 of the laws of 2020, is amended  to
 read as follows:
   1. Every employer shall be required to provide its employees with sick
 leave as follows:
   a.  [For]  EXCEPT  AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, FOR
 employers with four or  fewer  employees  in  any  calendar  year,  each
 employee  shall  be provided with up to forty hours of unpaid sick leave
 in each calendar year; provided, however, an employer that employs  four
 or  fewer  employees  in  any calendar year and that has a net income of
 greater than one million dollars in the previous tax year shall  provide
 each employee with up to forty hours of paid sick leave pursuant to this
 section;
   b.  For  employers  with between five and ninety-nine employees in any
 calendar year AND ALL EMPLOYERS OF ONE OR MORE  DOMESTIC  WORKERS,  each
 employee  shall be provided with up to forty hours of paid sick leave in
 each calendar year. FOR PURPOSES OF THIS SUBDIVISION, "DOMESTIC  WORKER"
 S. 4006--B                         91
 
 SHALL  MEAN  ANY  DOMESTIC WORKER AS SUCH TERM IS DEFINED IN SUBDIVISION
 SIXTEEN OF SECTION TWO OF THIS CHAPTER; and
   c.  For  employers  with one hundred or more employees in any calendar
 year, each employee shall be provided with up to fifty-six hours of paid
 sick leave each calendar year.
   For purposes of determining the number of employees pursuant  to  this
 subdivision,  a  calendar  year  shall mean the twelve-month period from
 January first through December thirty-first. For all other  purposes,  a
 calendar  year  shall  either  mean the twelve-month period from January
 first through  December  thirty-first,  or  a  regular  and  consecutive
 twelve-month period, as determined by an employer.
   § 2.  This act shall take effect immediately.
 
                                  PART CC
 
   Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
 tion law is amended by adding a new subparagraph 11 to read as follows:
   (11) ALL CURRENT AND FUTURE MANDATORY FEES OWED ON  OR  AFTER  JANUARY
 FIRST,  TWO  THOUSAND  TWENTY-FOUR,  WITH  THE EXCLUSION OF THE GRADUATE
 STUDENT ASSOCIATION STUDENT ACTIVITIES FEE, SHALL NOT BE  CHARGED  TO  A
 GRADUATE STUDENT SERVING A FULL-TIME OR HALF-TIME APPOINTMENT AS A GRAD-
 UATE  TEACHING  ASSISTANT, GRADUATE ASSISTANT, GRADUATE RESEARCH ASSIST-
 ANT, GRADUATE RESEARCH ASSOCIATE, OR A GRADUATE TEACHING ASSOCIATE.
   § 2. Subdivision 7 of section 6206 of the education law is amended  by
 adding a new subparagraph (g) to read as follows:
   (G)  ALL  CURRENT  AND  FUTURE MANDATORY FEES OWED ON OR AFTER JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR, WITH  THE  EXCLUSION  OF  THE  GRADUATE
 STUDENT  ASSOCIATION  STUDENT  ACTIVITIES FEE, SHALL NOT BE CHARGED TO A
 GRADUATE STUDENT SERVING AS A GRADUATE  ASSISTANT,  ADJUNCT  INSTRUCTOR,
 ADJUNCT  LECTURER, ADJUNCT COLLEGE LABORATORY TECHNICIAN OR A NON-TEACH-
 ING ADJUNCT STAFF MEMBER.
   § 3. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1. The veterans' services law  is  amended  by  adding  a  new
 section 29-b to read as follows:
   §  29-B. STAFF SERGEANT ALEX R.  JIMENEZ NEW YORK STATE MILITARY IMMI-
 GRANT FAMILY LEGACY PROGRAM. 1. FOR THE PURPOSES OF  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "UNIFORMED SERVICE MEMBER" SHALL MEAN A MEMBER OF THE ARMY, NAVY,
 AIR FORCE, SPACE CORPS, MARINE CORPS, COAST GUARD, PUBLIC HEALTH SERVICE
 COMMISSIONED CORPS, OR NATIONAL OCEANIC AND  ATMOSPHERIC  ADMINISTRATION
 COMMISSIONED OFFICER CORPS SERVING ON ACTIVE DUTY.
   (B)  "THE PROGRAM" SHALL MEAN THE STAFF SERGEANT ALEX R. JIMENEZ MILI-
 TARY IMMIGRANT FAMILY LEGACY PROGRAM.
   (C) "COORDINATOR"  SHALL  MEAN  A  MILITARY  IMMIGRANT  FAMILY  LEGACY
 PROGRAM  COORDINATOR  APPOINTED  PURSUANT  TO  SUBDIVISION THREE OF THIS
 SECTION.
   (D) "VETERAN" SHALL MEAN A PERSON WHO SERVED IN THE  ACTIVE  MILITARY,
 NAVAL OR AIR SERVICE AND WHO WAS DISCHARGED OR RELEASED UNDER CONDITIONS
 OTHER THAN DISHONORABLE.
   (E) "INTENDED RECIPIENTS" SHALL MEAN UNIFORMED SERVICE MEMBERS, VETER-
 ANS, RESERVE COMPONENT MEMBERS AND THEIR FAMILY MEMBERS.
   (F)  "RESERVE  COMPONENT MEMBERS" SHALL MEAN THOSE SERVING IN THE ARMY
 RESERVE, NAVY RESERVE, MARINE CORPS RESERVE, THE ARMY NATIONAL GUARD  OR
 S. 4006--B                         92

 THE AIR NATIONAL GUARD DURING THE TIME THE UNIT WAS FEDERALLY RECOGNIZED
 AS A RESERVE COMPONENT.
   2.  THERE  IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT, IN CONJUNCTION
 WITH THE DIVISION OF MILITARY AND NAVAL AFFAIRS, THE STAFF SERGEANT ALEX
 R. JIMENEZ NEW YORK STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM WHICH
 SHALL BE JOINTLY DEVELOPED AND IMPLEMENTED BY THE COMMISSIONER  AND  THE
 ADJUTANT  GENERAL  OF  THE  DIVISION  OF  MILITARY AND NAVAL AFFAIRS, IN
 CONSULTATION WITH THE OFFICE FOR NEW AMERICANS ESTABLISHED  PURSUANT  TO
 SECTION  NINETY-FOUR-B  OF THE EXECUTIVE LAW, AND IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION. THE PRIMARY PURPOSE OF THE PROGRAM SHALL  BE
 TO  ASSIST INTENDED RECIPIENTS TO SECURE LEGAL IMMIGRATION STATUS IN THE
 UNITED STATES, INCLUDING BUT NOT LIMITED TO, CITIZENSHIP.
   3. TWO MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATORS SHALL  BE
 APPOINTED,  ONE  APPOINTED  BY  THE COMMISSIONER AND ONE BY THE ADJUTANT
 GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS, TO ADMINISTER THE
 PROGRAM. EACH COORDINATOR SHALL BE A VETERAN. THE  COORDINATORS'  DUTIES
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  ASSISTING  INTENDED  RECIPIENTS WHO MAY QUALIFY FOR ADJUSTMENT OF
 STATUS, SPECIAL IMMIGRATION STATUS THROUGH THE FEDERAL PAROLE  IN  PLACE
 PROGRAM AUTHORIZED BY SECTION 1758 OF THE 2020 NATIONAL DEFENSE AUTHORI-
 ZATION ACT, OR ANY OTHER SORT OF RELIEF THAT CAN LEAD TO CITIZENSHIP.
   (B)  COMMUNICATION  WITH THE COMMISSIONER AND THE ADJUTANT GENERAL AND
 THE OFFICE FOR NEW AMERICANS REGARDING EXISTING POLICIES AND REGULATIONS
 PERTAINING TO THE NEEDS OF INTENDED RECIPIENTS AND TO  MAKE  RECOMMENDA-
 TIONS  REGARDING  THE  IMPROVEMENT  OF  BENEFITS  AND  SERVICES  TO SUCH
 INTENDED RECIPIENTS.
   (C) SERVING AS LIAISON BETWEEN THE  DEPARTMENT  AND  THE  DIVISION  OF
 MILITARY  AND  NAVAL  AFFAIRS,  THE  UNITED STATES CITIZENSHIP AND IMMI-
 GRATION SERVICES, IMMIGRATION AND CUSTOMS ENFORCEMENT, THE UNITED STATES
 DEPARTMENT OF VETERANS AFFAIRS, LOCAL VETERANS' SERVICE AGENCIES,  STATE
 AGENCIES,  COMMUNITY  GROUPS, ADVOCATES, AND OTHER VETERANS AND MILITARY
 ORGANIZATIONS AND INTERESTED PARTIES.
   (D) CONSULTING WITH QUALIFIED IMMIGRATION ATTORNEYS OR DULY AUTHORIZED
 BOARD OF IMMIGRATION APPEALS APPROVED REPRESENTATIVES TO FACILITATE SUCH
 COORDINATION WITH THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
 OR OTHER APPROPRIATE AGENCY.
   (E) ADVOCATING FOR INTENDED RECIPIENTS.
   (F) DEVELOPING AND MAINTAINING A  CLEARINGHOUSE  FOR  INFORMATION  AND
 RESOURCES RELATING TO THE PROGRAM.
   (G)  PROMOTING  EVENTS AND ACTIVITIES THAT EDUCATE AND ASSIST INTENDED
 RECIPIENTS, INCLUDING BUT NOT LIMITED TO, VETERAN HUMAN  RIGHTS  CONFER-
 ENCES, VETERANS BENEFIT AND RESOURCES EVENTS.
   (H)  INCLUDING THE CONTRIBUTIONS THAT INTENDED RECIPIENTS HAVE MADE ON
 BEHALF OF THE UNITED STATES AND THIS STATE ON THE DEPARTMENT'S  OFFICIAL
 WEBSITE.
   (I)  DEVELOPING  INFORMATION  TO  BE MADE AVAILABLE TO CONGRESSIONALLY
 CHARTERED VETERANS' ORGANIZATIONS, AND LOCAL VETERANS' SERVICES AGENCIES
 TO PROVIDE A GENERAL OVERVIEW OF THE PROGRAM, INCLUDING BUT NOT  LIMITED
 TO,  ITS  PURPOSE  AND  THE  ELIGIBILITY  REQUIREMENTS FOR ADJUSTMENT OF
 STATUS, CITIZENSHIP, OR ANY OTHER FORM OF AVAILABLE RELIEF.
   (J) PREPARING REPORTS ON TOPICS, INCLUDING BUT  NOT  LIMITED  TO,  THE
 DEMOGRAPHICS OF INTENDED RECIPIENTS, THE NUMBER OF SUCH INTENDED RECIPI-
 ENTS  BY  COUNTY, AND THE UNIQUE NEEDS OF THE INTENDED RECIPIENTS WITHIN
 NEW YORK STATE TO THE COMMISSIONER, THE ADJUTANT GENERAL OF THE DIVISION
 OF MILITARY AND NAVAL AFFAIRS AND THE OFFICE FOR NEW AMERICANS.
 S. 4006--B                         93
 
   4. THE COORDINATORS SHALL SUBMIT A REPORT TO THE COMMISSIONER  AND  TO
 THE  ADJUTANT  GENERAL  OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS ON
 JANUARY FIRST EACH YEAR FOLLOWING THE FIRST FULL YEAR AFTER  THE  EFFEC-
 TIVE DATE OF THIS SECTION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
 TO,  A  DESCRIPTION  OF  THE  COORDINATORS' ACTIVITIES FOR THE PRECEDING
 CALENDAR YEAR. THE COMMISSIONER SHALL SUBMIT THE REPORT TO THE  GOVERNOR
 AND THE LEGISLATURE IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR OF
 THIS ARTICLE. THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL
 AFFAIRS  SHALL  SUBMIT THE REPORT TO THE GOVERNOR AND THE LEGISLATURE IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-FOUR OF  THE
 EXECUTIVE LAW.
   §  2.  Section  4 of the veterans' services law is amended by adding a
 new subdivision 38 to read as follows:
   38. TO ENCOURAGE THE DEVELOPMENT OF AND PROVIDE FOR THE  ESTABLISHMENT
 OF  A  STATE  MILITARY  IMMIGRANT  FAMILY LEGACY PROGRAM COORDINATOR, AS
 PROVIDED IN SECTION TWENTY-NINE-B OF THIS ARTICLE.
   § 3. The military law is amended by adding a new section 256  to  read
 as follows:
   §  256.  STATE  MILITARY  IMMIGRANT FAMILY LEGACY PROGRAM SUPPORT. THE
 ADJUTANT GENERAL SHALL ENCOURAGE THE DEVELOPMENT OF AND PROVIDE FOR  THE
 ESTABLISHMENT  OF A STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COOR-
 DINATOR, AS PROVIDED IN SECTION TWENTY-NINE-B OF THE VETERANS'  SERVICES
 LAW.
   §  4.  Paragraph (l) of subdivision 5 of section 94-b of the executive
 law, as added by chapter 206 of the laws of 2014, is amended to read  as
 follows:
   (l) (I) Coordinate with other state agencies and otherwise marshal the
 resources of the state to serve the needs of immigrants, AND (II) ADVISE
 THE STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATORS PURSUANT
 TO SECTION TWENTY-NINE-B OF THE VETERANS' SERVICES LAW;
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law, provided however, that if section 2  of  part  PP  of
 chapter  56 of the laws of 2022 shall not have taken effect on or before
 such date, then this act shall take effect on the same date and  in  the
 same  manner as such section of such part of such chapter of the laws of
 2022 takes effect.

                                  PART EE
 
   Section 1. Subdivision 1 of section 350 of the social services law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  IN  ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT APPROVED BY
 THE DIRECTOR OF THE BUDGET, ALLOWANCES GRANTED UNDER THE  PROVISIONS  OF
 THIS  TITLE  MAY INCLUDE THE COSTS OF DIAPERS FOR AN ELIGIBLE CHILD, TWO
 YEARS OF AGE  OR  YOUNGER.  SAID  ALLOWANCES  SHALL  NOT  EXCEED  EIGHTY
 DOLLARS, EVERY THREE MONTHS, PER ELIGIBLE CHILD.
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.
 
                                  PART FF
 
   Section 1. The arts and cultural affairs law is amended  by  adding  a
 new section 3.17 to read as follows:
   §  3.17.  ARTS  AND  CULTURAL DISTRICTS. 1.   FOR THE PURPOSES OF THIS
 SECTION, "ARTS AND CULTURAL DISTRICTS" MEANS GEOGRAPHIC AREAS OF A CITY,
 TOWN OR VILLAGE WITH A CONCENTRATION  OF  ARTS  OR  CULTURAL  FACILITIES
 S. 4006--B                         94
 
 LOCATED WITHIN ITS BOUNDARIES. TWO OR MORE LOCAL GOVERNMENTS MAY JOINTLY
 APPLY FOR A DESIGNATED DISTRICT WHERE THE PROPOSED  GEOGRAPHIC  AREA  OF
 SUCH  DISTRICT  SHALL EXTEND ACROSS COMMONLY HELD JURISDICTIONAL BOUNDA-
 RIES.
   2.  THE COUNCIL, IN COOPERATION WITH THE DEPARTMENT OF ECONOMIC DEVEL-
 OPMENT AND ANY OTHER STATE DEPARTMENT, OFFICE, DIVISION  OR  AGENCY  THE
 COUNCIL DEEMS NECESSARY, SHALL DEVELOP CRITERIA AND GUIDELINES FOR STATE
 DESIGNATED ARTS AND CULTURAL DISTRICTS.  CRITERIA DEVELOPED BY THE COUN-
 CIL,  IN COOPERATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND ANY
 OTHER STATE DEPARTMENT, OFFICE, DIVISION OR  AGENCY  THE  COUNCIL  DEEMS
 NECESSARY,  TO  DESIGNATE  A  DISTRICT SHALL, TO THE EXTENT PRACTICABLE,
 INCLUDE, BUT NOT BE LIMITED TO, DETERMINATIONS THAT SUCH  DISTRICT:  (A)
 ATTRACTS  ARTISTS  OR CULTURAL ENTERPRISES TO THE COMMUNITY, (B) ENCOUR-
 AGES ENTERPRISE AND JOB DEVELOPMENT DUE TO THE CONCENTRATION OF ARTISTIC
 OR CULTURAL ACTIVITY, A MAJOR ARTS OR CULTURAL INSTITUTION OR  FACILITY,
 ARTS AND ENTERTAINMENT BUSINESSES, AN AREA WITH ARTS AND CULTURAL ACTIV-
 ITIES,  OR  ARTISTIC  OR  CULTURAL PRODUCTION, (C) ATTRACTS A SUFFICIENT
 AMOUNT OF TOURISM, (D) ENHANCES LOCAL PROPERTY VALUES AND FOSTERS  LOCAL
 CULTURAL  DEVELOPMENT, (E) ENGAGES IN THE PROMOTIONAL, PRESERVATION, AND
 EDUCATIONAL ASPECTS OF  THE  ARTS  AND  CULTURE  OF  THE  COMMUNITY  AND
 CONTRIBUTE  TO  THE  PUBLIC THROUGH INTERPRETIVE, EDUCATIONAL, OR RECRE-
 ATIONAL USES; OR (F) SATISFIES ADDITIONAL CRITERIA AS DETERMINED BY  THE
 COUNCIL THAT WILL FURTHER THE PURPOSES OF THIS SECTION.  THE COUNCIL, IN
 COOPERATION  WITH  THE  DEPARTMENT OF ECONOMIC DEVELOPMENT AND ANY OTHER
 STATE DEPARTMENT, OFFICE, DIVISION OR AGENCY THE  COUNCIL  DEEMS  NECES-
 SARY,  SHALL  ALSO DEVELOP GUIDELINES THAT PROVIDE ASSISTANCE TO A CITY,
 TOWN, OR VILLAGE, OR MULTIPLE  LOCAL  GOVERNMENTS  APPLYING  JOINTLY  IN
 DEVELOPING  AN  APPLICATION  FOR DISTRICT CERTIFICATION.   FOR ANY STATE
 DESIGNATED ARTS AND CULTURAL   DISTRICT,   THE   DEPARTMENT OF  ECONOMIC
 DEVELOPMENT, IN COOPERATION WITH THE COUNCIL AND ANY OTHER STATE DEPART-
 MENT,  OFFICE,  DIVISION OR AGENCY THE DEPARTMENT DEEMS NECESSARY, SHALL
 PROVIDE STATE SUPPORTED ASSISTANCE TO THE DISTRICT  IN  ITS  ACTIVITIES,
 INCLUDING  BUT  NOT   LIMITED TO   TECHNICAL  ASSISTANCE IN APPLYING FOR
 FEDERAL AND NON-PROFIT GRANTS, MARKETING  EXPERTISE,  IDENTIFICATION  OF
 OTHER  STATE   RESOURCES  THAT  MAY ASSIST  A  DISTRICT'S ACTIVITIES  OR
 PROGRAMS THAT COULD BE CREATED OR  EXPANDED  WITHIN  STATE  AGENCIES  TO
 ASSIST DISTRICTS.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
                                  PART GG
 
   Section  1.  The public housing law is amended by adding a new article
 14-A to read as follows:
                               ARTICLE 14-A
                      HOUSING ACCESS VOUCHER PROGRAM
 SECTION 605. LEGISLATIVE FINDINGS.
         606. DEFINITIONS.
         607. HOUSING ACCESS VOUCHER PROGRAM.
         608. ELIGIBILITY.
         609. FUNDING ALLOCATION AND DISTRIBUTION.
         610. PAYMENT OF HOUSING VOUCHERS.
         611. LEASES AND TENANCY.
         612. RENTAL OBLIGATION.
         613. MONTHLY ASSISTANCE PAYMENT.
         614. INSPECTION OF UNITS.
 S. 4006--B                         95
 
         615. RENT.
         616. VACATED UNITS.
         617. LEASING  OF  UNITS  OWNED BY A HOUSING ACCESS VOUCHER LOCAL
                ADMINISTRATOR.
         618. VERIFICATION OF INCOME.
         619. DIVISION OF AN ASSISTED FAMILY.
         620. MAINTENANCE OF EFFORT.
         621. VOUCHERS STATEWIDE.
         622. APPLICABLE CODES.
         623. HOUSING CHOICE.
   § 605. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT IT IS  IN  THE
 PUBLIC INTEREST OF THE STATE TO ENSURE THAT INDIVIDUALS AND FAMILIES ARE
 NOT  RENDERED  HOMELESS BECAUSE OF AN INABILITY TO PAY THE COST OF HOUS-
 ING, AND TO AID INDIVIDUALS AND FAMILIES WHO ARE  HOMELESS  OR  FACE  AN
 IMMINENT LOSS OF HOUSING IN OBTAINING AND MAINTAINING SUITABLE PERMANENT
 HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 606. DEFINITIONS.  FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "HOMELESS" MEANS  LACKING A FIXED, REGULAR, AND ADEQUATE  NIGHTTIME
 RESIDENCE;  HAVING  A  PRIMARY  NIGHTTIME  RESIDENCE THAT IS A PUBLIC OR
 PRIVATE PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR  SLEEPING
 ACCOMMODATION  FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED BUILD-
 ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT
 FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER-
 ATED  SHELTER  DESIGNATED  TO  PROVIDE  TEMPORARY  LIVING   ARRANGEMENTS
 (INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR LOCAL GOVERN-
 MENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS,
 CONGREGATE  SHELTERS,  OR  TRANSITIONAL HOUSING); EXITING AN INSTITUTION
 WHERE AN INDIVIDUAL OR FAMILY HAS RESIDED AND LACKING  A  REGULAR  FIXED
 AND  ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; INDIVIDUALS
 RELEASED OR SCHEDULED TO BE RELEASED FROM INCARCERATION  AND  LACKING  A
 REGULAR   FIXED   AND  ADEQUATE  NIGHTTIME  RESIDENCE  UPON  RELEASE  OR
 DISCHARGE; BEING A HOMELESS FAMILY WITH CHILDREN OR UNACCOMPANIED  YOUTH
 DEFINED  AS  HOMELESS  UNDER  42 U.S.C. § 11302(A); HAVING EXPERIENCED A
 LONG-TERM PERIOD WITHOUT LIVING INDEPENDENTLY IN  PERMANENT  HOUSING  OR
 HAVING  EXPERIENCED PERSISTENT INSTABILITY AS MEASURED BY FREQUENT MOVES
 AND BEING REASONABLY EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED
 PERIOD OF TIME BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL  HEALTH
 OR  MENTAL HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC
 VIOLENCE OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD  OR  YOUTH  WITH  A
 DISABILITY, MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR LIFE-
 THREATENING  CONDITIONS,  INCLUDING  CONDITIONS  THAT RELATE TO VIOLENCE
 AGAINST AN INDIVIDUAL OR A FAMILY MEMBER.
   2. "IMMINENT LOSS OF HOUSING" MEANS HAVING RECEIVED  A  VERIFIED  RENT
 DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER RESULT-
 ING  FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY THAT
 THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING  DUE  TO  A  COURT
 ORDER  TO  VACATE  THE  PREMISES  DUE TO HAZARDOUS CONDITIONS, WHICH MAY
 INCLUDE BUT NOT BE LIMITED TO ASBESTOS, LEAD EXPOSURE, MOLD, AND  RADON;
 HAVING  A PRIMARY NIGHTTIME RESIDENCE THAT IS A ROOM IN A HOTEL OR MOTEL
 AND LACKING THE RESOURCES NECESSARY TO STAY; FACING LOSS OF THE  PRIMARY
 NIGHTTIME  RESIDENCE,  WHICH  MAY  INCLUDE LIVING IN THE HOME OF ANOTHER
 HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUSING WILL NOT  ALLOW  THE
 INDIVIDUAL  OR  FAMILY TO STAY, PROVIDED FURTHER, THAT AN ASSERTION FROM
 AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS OF  HOUSING  OR  HOME-
 LESSNESS  SHALL  BE  SUFFICIENT  TO ESTABLISH ELIGIBILITY; OR FLEEING OR
 S. 4006--B                         96
 
 ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE,  SEXUAL  ASSAULT,
 STALKING,  HUMAN  TRAFFICKING  OR  OTHER  DANGEROUS  OR LIFE-THREATENING
 CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL  OR  A  FAMILY
 MEMBER,  PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY
 MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL  BE  SUFFICIENT  TO
 ESTABLISH ELIGIBILITY.
   3.  "PUBLIC  HOUSING  AGENCY" MEANS ANY COUNTY, MUNICIPALITY, OR OTHER
 GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINISTER  ANY
 PUBLIC HOUSING PROGRAM (OR AN AGENCY OR INSTRUMENTALITY OF SUCH AN ENTI-
 TY),  AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMINISTERS
 ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE.
   4. "SECTION 8 LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING AGENCY  THAT
 ADMINISTERS THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM UNDER SECTION 8
 OF  THE  UNITED STATES HOUSING ACT OF 1937 WITHIN A COMMUNITY, COUNTY OR
 REGION, OR STATEWIDE, ON BEHALF OF AND UNDER CONTRACT WITH  THE  HOUSING
 TRUST FUND CORPORATION.
   5. "HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING
 AGENCY,  AS  DEFINED  IN SUBDIVISION THREE OF THIS SECTION, OR SECTION 8
 LOCAL ADMINISTRATOR DESIGNATED TO ADMINISTER THE HOUSING ACCESS  VOUCHER
 PROGRAM WITHIN A COMMUNITY, COUNTY OR REGION, OR STATEWIDE, ON BEHALF OF
 AND UNDER CONTRACT WITH THE HOUSING TRUST FUND CORPORATION.  IN THE CITY
 OF NEW YORK, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE THE
 NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, OR THE
 NEW YORK CITY HOUSING AUTHORITY, OR BOTH.
   6.  "FAMILY"  MEANS  A  GROUP OF PERSONS RESIDING TOGETHER. SUCH GROUP
 INCLUDES, BUT IS NOT LIMITED TO A FAMILY WITH  OR  WITHOUT  CHILDREN  (A
 CHILD  WHO  IS  TEMPORARILY  AWAY  FROM THE HOME BECAUSE OF PLACEMENT IN
 FOSTER CARE IS CONSIDERED A MEMBER  OF  THE  FAMILY)  OR  ANY  REMAINING
 MEMBERS  OF  A TENANT FAMILY. THE COMMISSIONER SHALL HAVE THE DISCRETION
 TO DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
   7. "OWNER" MEANS ANY PRIVATE PERSON OR ANY ENTITY, INCLUDING A COOPER-
 ATIVE, AN AGENCY OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING  AGENCY,
 HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS.
   8. "DWELLING UNIT" MEANS  A SINGLE-FAMILY DWELLING, INCLUDING ATTACHED
 STRUCTURES  SUCH AS PORCHES AND STOOPS; OR A SINGLE-FAMILY DWELLING UNIT
 IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING
 UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE
 USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE  OR  MORE
 PERSONS.
   9. "INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR § 5.609 AND
 ANY AMENDMENTS THERETO.
   10. "ADJUSTED INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR §
 5.611 AND ANY AMENDMENTS THERETO.
   11.  "REASONABLE  RENT"  MEANS  RENT NOT MORE THAN THE RENT CHARGED ON
 COMPARABLE UNITS IN THE PRIVATE UNASSISTED MARKET AND RENT  CHARGED  FOR
 COMPARABLE UNASSISTED UNITS IN THE PREMISES.
   12. "FAIR MARKET RENT" MEANS THE FAIR MARKET RENT FOR EACH RENTAL AREA
 AS  PROMULGATED  ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND
 URBAN DEVELOPMENT PURSUANT TO 42 U.S.C. 1437F.
   13. "VOUCHER" MEANS A DOCUMENT ISSUED BY THE HOUSING TRUST FUND CORPO-
 RATION PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED  FOR
 ADMISSION  TO  THE  HOUSING ACCESS VOUCHER PROGRAM, WHICH DESCRIBES SUCH
 PROGRAM AND THE PROCEDURES FOR APPROVAL OF A UNIT SELECTED BY THE FAMILY
 AND STATES THE  OBLIGATIONS  OF  THE  INDIVIDUAL  OR  FAMILY  UNDER  THE
 PROGRAM.
 S. 4006--B                         97
 
   14.  "LEASE"  MEANS  A WRITTEN AGREEMENT BETWEEN AN OWNER AND A TENANT
 FOR THE LEASING OF A DWELLING UNIT TO THE TENANT. THE LEASE  ESTABLISHES
 THE  CONDITIONS  FOR  OCCUPANCY OF THE DWELLING UNIT BY AN INDIVIDUAL OR
 FAMILY WITH HOUSING ASSISTANCE PAYMENTS UNDER  A  CONTRACT  BETWEEN  THE
 OWNER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR.
   15. "DEPENDENT" MEANS ANY MEMBER OF THE FAMILY WHO IS NEITHER THE HEAD
 OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE, AND WHO IS:
   (A) UNDER THE AGE OF EIGHTEEN;
   (B) A PERSON WITH A DISABILITY; OR
   (C) A FULL-TIME STUDENT.
   16. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
   17. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL-
 DREN UNDER THE AGE OF THIRTEEN.
   18.  "SEVERELY RENT BURDENED" MEANS THOSE INDIVIDUALS AND FAMILIES WHO
 PAY MORE THAN FIFTY PERCENT OF THEIR INCOME IN RENT AS  DEFINED  BY  THE
 UNITED STATES CENSUS BUREAU.
   19. "DISABILITY" MEANS:
   (A)  THE  INABILITY  TO  ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY
 REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH
 CAN BE EXPECTED TO RESULT IN  DEATH  OR  WHICH  HAS  LASTED  OR  CAN  BE
 EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS;
 OR
   (B)  IN  THE  CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE AGE OF FIFTY-
 FIVE AND IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS  TO  ENGAGE
 IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE
 TO  THOSE  OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE PREVIOUSLY ENGAGED
 WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR
   (C) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH:
   (I) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION;
   (II) SUBSTANTIALLY IMPEDES HIS OR HER ABILITY TO  LIVE  INDEPENDENTLY;
 AND
   (III)  IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE IMPROVED BY MORE
 SUITABLE HOUSING CONDITIONS; OR
   (D) A DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY OF
 AN INDIVIDUAL THAT:
   (I) IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR  COMBINATION
 OF MENTAL AND PHYSICAL IMPAIRMENTS;
   (II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO;
   (III) IS LIKELY TO CONTINUE INDEFINITELY;
   (IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF
 THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY:
   (A) SELF-CARE;
   (B) RECEPTIVE AND EXPRESSIVE LANGUAGE;
   (C) LEARNING;
   (D) MOBILITY;
   (E) SELF-DIRECTION;
   (F) CAPACITY FOR INDEPENDENT LIVING; OR
   (G) ECONOMIC SELF-SUFFICIENCY; AND
   (V)  REFLECTS  THE INDIVIDUAL'S NEED FOR A COMBINATION AND SEQUENCE OF
 SPECIAL,  INTERDISCIPLINARY,   OR   GENERIC   SERVICES,   INDIVIDUALIZED
 SUPPORTS,  OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR EXTENDED
 DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED.
   § 607. HOUSING ACCESS VOUCHER PROGRAM. THE  COMMISSIONER,  SUBJECT  TO
 THE  APPROPRIATION  OF FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT A PROGRAM
 OF RENTAL ASSISTANCE IN THE FORM OF HOUSING VOUCHERS FOR ELIGIBLE  INDI-
 VIDUALS  AND  FAMILIES  WHO ARE HOMELESS OR WHO FACE AN IMMINENT LOSS OF
 S. 4006--B                         98
 
 HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.  THE  HOUSING
 TRUST  FUND  CORPORATION  SHALL ISSUE VOUCHERS PURSUANT TO THIS ARTICLE,
 SUBJECT TO APPROPRIATION OF FUNDS FOR THIS  PURPOSE,  AND  MAY  CONTRACT
 WITH  THE  DIVISION  OF  HOUSING AND COMMUNITY RENEWAL TO ADMINISTER ANY
 ASPECT OF THIS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF  THIS  ARTI-
 CLE.  THE  COMMISSIONER  SHALL  DESIGNATE  HOUSING  ACCESS VOUCHER LOCAL
 ADMINISTRATORS IN THE STATE TO MAKE VOUCHERS AVAILABLE TO SUCH  INDIVID-
 UALS  AND  FAMILIES  AND  TO  ADMINISTER OTHER ASPECTS OF THE PROGRAM IN
 ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 608. ELIGIBILITY. THE COMMISSIONER SHALL  PROMULGATE  STANDARDS  FOR
 DETERMINING  ELIGIBILITY  FOR ASSISTANCE UNDER THIS PROGRAM. INDIVIDUALS
 AND FAMILIES WHO MEET THE STANDARDS  SHALL  BE  ELIGIBLE  REGARDLESS  OF
 IMMIGRATION  STATUS.  ELIGIBILITY  SHALL  BE  LIMITED TO INDIVIDUALS AND
 FAMILIES WHO ARE HOMELESS OR FACING IMMINENT LOSS  OF  HOUSING.  HOUSING
 ACCESS  VOUCHER  LOCAL ADMINISTRATORS MAY RELY ON A CERTIFICATION FROM A
 SOCIAL SERVICES PROVIDER SERVING HOMELESS  INDIVIDUALS,  INCLUDING,  BUT
 NOT  LIMITED  TO,  HOMELESS  SHELTERS  TO DETERMINE WHETHER AN APPLICANT
 QUALIFIES AS A HOMELESS INDIVIDUAL OR FAMILY.
   1. AN INDIVIDUAL OR FAMILY SHALL BE ELIGIBLE FOR THIS PROGRAM IF  THEY
 ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING AND HAVE AN INCOME OF NO
 MORE  THAN  FIFTY  PERCENT  OF THE AREA MEDIAN INCOME, AS DEFINED BY THE
 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
   2. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE PURSUANT TO
 THIS PROGRAM SHALL BE NO LONGER FINANCIALLY ELIGIBLE FOR SUCH ASSISTANCE
 UNDER THIS PROGRAM WHEN THIRTY PERCENT OF THE INDIVIDUAL'S  OR  FAMILY'S
 ADJUSTED  INCOME  IS  GREATER  THAN  OR  EQUAL TO THE TOTAL RENT FOR THE
 DWELLING UNIT.
   3. WHEN AN INDIVIDUAL OR FAMILY  BECOMES  FINANCIALLY  INELIGIBLE  FOR
 RENTAL ASSISTANCE UNDER THIS PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION,  THE  INDIVIDUAL OR FAMILY SHALL RETAIN RENTAL ASSISTANCE FOR A
 PERIOD NO SHORTER THAN ONE YEAR, SUBJECT TO APPROPRIATION OF  FUNDS  FOR
 THIS PURPOSE.
   4.  INCOME  ELIGIBILITY  SHALL  BE  VERIFIED PRIOR TO A HOUSING ACCESS
 VOUCHER LOCAL ADMINISTRATOR'S INITIAL DETERMINATION  TO  PROVIDE  RENTAL
 ASSISTANCE  FOR THIS PROGRAM AND UPON DETERMINATION OF SUCH ELIGIBILITY,
 AN INDIVIDUAL OR FAMILY SHALL ANNUALLY  CERTIFY  THEIR  INCOME  FOR  THE
 PURPOSE OF DETERMINING CONTINUED ELIGIBILITY AND ANY ADJUSTMENTS TO SUCH
 RENTAL ASSISTANCE.
   5.  THE  COMMISSIONER MAY COLLABORATE WITH THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE AND OTHER STATE AND CITY AGENCIES TO ALLOW A HOUS-
 ING ACCESS VOUCHER LOCAL ADMINISTRATOR TO ACCESS INCOME INFORMATION  FOR
 THE  PURPOSE  OF  DETERMINING  AN  INDIVIDUAL'S  OR FAMILY'S INITIAL AND
 CONTINUED ELIGIBILITY FOR THE PROGRAM.
   6.  REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY.
   § 609. FUNDING ALLOCATION AND DISTRIBUTION. 1.  SUBJECT  TO  APPROPRI-
 ATION,  FUNDING  SHALL  BE  ALLOCATED BY THE COMMISSIONER IN EACH COUNTY
 EXCEPT FOR THOSE COUNTIES LOCATED WITHIN  THE  CITY  OF  NEW  YORK,  THE
 INITIAL ALLOCATION SHALL BE IN PROPORTION TO THE NUMBER OF HOUSEHOLDS IN
 EACH COUNTY OR THE CITY OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED
 ON DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU.  FUNDING FOR COUN-
 TIES  LOCATED WITHIN THE CITY OF NEW YORK SHALL BE ALLOCATED DIRECTLY TO
 THE NEW YORK CITY DEPARTMENT OF  HOUSING  PRESERVATION  AND  DEVELOPMENT
 AND/OR  THE  NEW YORK CITY HOUSING AUTHORITY, AS APPROPRIATE, IN PROPOR-
 TION TO THE NUMBER OF HOUSEHOLDS IN NEW YORK CITY  AS  COMPARED  TO  THE
 REST  OF  THE  STATE OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED ON
 DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
 S. 4006--B                         99
 
   2. THE COMMISSIONER SHALL BE RESPONSIBLE FOR  DISTRIBUTING  THE  FUNDS
 ALLOCATED  IN  EACH COUNTY NOT LOCATED WITHIN THE CITY OF NEW YORK AMONG
 HOUSING ACCESS VOUCHER LOCAL ADMINISTRATORS OPERATING IN EACH COUNTY  OR
 IN THE CITY OF NEW YORK.
   3. PRIORITY SHALL BE GIVEN TO APPLICANTS WHO ARE HOMELESS. THE COMMIS-
 SIONER  SHALL  HAVE  THE  DISCRETION  TO ESTABLISH FURTHER PRIORITIES AS
 APPROPRIATE.
   4. UP TO TEN PERCENT OF THE FUNDS ALLOCATED MAY BE USED BY THE COMMIS-
 SIONER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR  FOR  ADMINIS-
 TRATIVE EXPENSES ATTRIBUTABLE TO ADMINISTERING THE HOUSING ACCESS VOUCH-
 ER PROGRAM.
   § 610. PAYMENT  OF HOUSING VOUCHERS. THE HOUSING VOUCHER SHALL BE PAID
 DIRECTLY TO ANY OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE DWELLING
 UNIT TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE APPROPRIATE HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATOR. THE COMMISSIONER SHALL DETERMINE THE
 FORM OF THE HOUSING  ASSISTANCE  PAYMENT  CONTRACT  AND  THE  METHOD  OF
 PAYMENT.  A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO PURSUANT TO
 THIS SECTION SHALL ESTABLISH THE PAYMENT STANDARD  (INCLUDING  UTILITIES
 AND  ALL MAINTENANCE AND MANAGEMENT CHARGES) WHICH THE OWNER IS ENTITLED
 TO RECEIVE FOR EACH DWELLING UNIT WITH RESPECT TO WHICH SUCH  ASSISTANCE
 PAYMENTS  ARE  TO  BE  MADE.  THE  PAYMENT STANDARD SHALL NOT EXCEED ONE
 HUNDRED TWENTY PERCENT NOR BE LESS  THAN  NINETY  PERCENT  OF  THE  FAIR
 MARKET  RENT  FOR  THE  RENTAL AREA IN WHICH IT IS LOCATED.  FAIR MARKET
 RENT SHALL BE DETERMINED PURSUANT TO THE PROCEDURES AND STANDARDS AS SET
 FORTH IN THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, AS SET FORTH IN THE
 APPLICABLE SECTIONS OF PART 888 OF TITLE 24 OF THE CODE OF FEDERAL REGU-
 LATIONS.  FAIR MARKET RENT FOR A RENTAL AREA SHALL BE PUBLISHED NOT LESS
 THAN ANNUALLY BY THE COMMISSIONER AND SHALL BE  MADE  AVAILABLE  ON  THE
 WEBSITE OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL.
   § 611. LEASES  AND  TENANCY.  EACH HOUSING ASSISTANCE PAYMENT CONTRACT
 ENTERED INTO BY A HOUSING ACCESS VOUCHER  LOCAL  ADMINISTRATOR  AND  THE
 OWNER OF A DWELLING UNIT SHALL PROVIDE:
   1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM
 OF  NOT LESS THAN ONE YEAR, EXCEPT THAT THE HOUSING ACCESS VOUCHER LOCAL
 ADMINISTRATOR MAY APPROVE A SHORTER TERM FOR AN  INITIAL  LEASE  BETWEEN
 THE  TENANT  AND  THE  DWELLING UNIT OWNER IF THE HOUSING ACCESS VOUCHER
 LOCAL ADMINISTRATOR DETERMINES THAT  SUCH  SHORTER  TERM  WOULD  IMPROVE
 HOUSING OPPORTUNITIES FOR THE TENANT AND IF SUCH SHORTER TERM IS CONSID-
 ERED TO BE A PREVAILING LOCAL MARKET PRACTICE;
   2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED
 UNDER THIS ARTICLE THAT:
   (A)  ARE  IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT
 OWNER; AND
   (B) CONTAIN TERMS AND CONDITIONS THAT:
   (I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND
   (II) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO ARE  NOT  ASSISTED
 UNDER THIS ARTICLE;
   (C)  SHALL  PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL
 NOT TERMINATE THE TENANCY EXCEPT FOR SERIOUS OR  REPEATED  VIOLATION  OF
 THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE
 OR  LOCAL  LAW,  OR FOR OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO,
 THE NON-PAYMENT OF THE TENANT'S PORTION OF THE RENT  OWED,  AND  IN  THE
 CASE  OF  AN OWNER WHO IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO
 FORECLOSURE DURING THE TERM OF THE LEASE VACATING THE PROPERTY PRIOR  TO
 SALE  SHALL  NOT  CONSTITUTE OTHER GOOD CAUSE, EXCEPT THAT THE OWNER MAY
 S. 4006--B                         100
 
 TERMINATE THE TENANCY EFFECTIVE ON THE DATE OF TRANSFER OF THE  UNIT  TO
 THE OWNER IF THE OWNER:
   (I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND
   (II)  HAS  PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST NINETY DAYS
 BEFORE THE EFFECTIVE DATE OF SUCH NOTICE;
   (D) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER  THIS  SECTION
 SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE
 TENANT  SPECIFYING  THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE
 CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW;
   3. THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT  ORIGINATED  UNDER  THIS
 ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN
 SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY
 RESIDENCE.  CONTRACTS  SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL
 NOT BE TRANSFERABLE BETWEEN  RECIPIENTS.  A  FAMILY  OR  INDIVIDUAL  MAY
 TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT
 TO THIS ARTICLE;
   4.  THAT  AN  OWNER  SHALL  NOT  CHARGE MORE THAN A REASONABLE RENT AS
 DEFINED IN SECTION SIX HUNDRED SIX OF THIS ARTICLE.
   § 612. RENTAL OBLIGATION. THE MONTHLY RENTAL OBLIGATION FOR  AN  INDI-
 VIDUAL  OR  FAMILY  RECEIVING HOUSING ASSISTANCE PURSUANT TO THE HOUSING
 ACCESS VOUCHER PROGRAM SHALL BE THE GREATER OF:
   1. THIRTY PERCENT OF THE MONTHLY ADJUSTED  INCOME  OF  THE  FAMILY  OR
 INDIVIDUAL; OR
   2.  IF  THE  FAMILY  OR  INDIVIDUAL  IS RECEIVING PAYMENTS FOR WELFARE
 ASSISTANCE FROM A PUBLIC AGENCY AND A PART OF THOSE  PAYMENTS,  ADJUSTED
 IN  ACCORDANCE  WITH  THE ACTUAL HOUSING COSTS OF THE FAMILY, IS SPECIF-
 ICALLY DESIGNATED BY THAT AGENCY TO MEET THE HOUSING COSTS OF THE  FAMI-
 LY,  THE PORTION OF THOSE PAYMENTS THAT IS SO DESIGNATED. THESE PAYMENTS
 INCLUDE, BUT ARE NOT  LIMITED  TO  ANY  SHELTER  ASSISTANCE  OR  HOUSING
 ASSISTANCE ADMINISTERED BY ANY FEDERAL, STATE OR LOCAL AGENCY.
   § 613. MONTHLY  ASSISTANCE  PAYMENT.  1.  THE  AMOUNT  OF  THE MONTHLY
 ASSISTANCE PAYMENT WITH RESPECT  TO  ANY  DWELLING  UNIT  SHALL  BE  THE
 DIFFERENCE  BETWEEN THE MAXIMUM MONTHLY RENT WHICH THE CONTRACT PROVIDES
 THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR
 FAMILY IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED TWELVE OF THIS ARTI-
 CLE.
   2. THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR  DIFFERENT
 SIZED  RENTALS  IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE USE OF
 THE PROGRAM IN ALL LOCALITIES BASED ON  THE  FAIR  MARKET  RENT  OF  THE
 RENTAL  AREA.  RENTAL AREAS SHALL BE DETERMINED BY THE COMMISSIONER. THE
 COMMISSIONER MAY RELY ON DATA OR OTHER INFORMATION  PROMULGATED  BY  ANY
 OTHER  STATE  OR FEDERAL AGENCY IN DETERMINING THE RENTAL AREAS AND FAIR
 MARKET RENT.
   3. THE PAYMENT STANDARD FOR EACH SIZE OF DWELLING  UNIT  IN  A  RENTAL
 AREA  SHALL  NOT  BE  LESS  THAN NINETY PERCENT AND SHALL NOT EXCEED ONE
 HUNDRED TWENTY PERCENT OF THE FAIR MARKET RENT  ESTABLISHED  IN  SECTION
 SIX  HUNDRED  SIX  OF THIS ARTICLE FOR THE SAME SIZE OF DWELLING UNIT IN
 THE SAME RENTAL AREA, EXCEPT THAT THE COMMISSIONER SHALL NOT BE REQUIRED
 AS A RESULT OF A REDUCTION IN THE FAIR MARKET RENT TO REDUCE THE PAYMENT
 STANDARD APPLIED TO A FAMILY CONTINUING TO RESIDE IN A  UNIT  FOR  WHICH
 THE  FAMILY  WAS RECEIVING ASSISTANCE UNDER THIS ARTICLE AT THE TIME THE
 FAIR MARKET RENT WAS REDUCED.
   § 614. INSPECTION OF UNITS.  INSPECTION OF UNITS  SHALL  BE  CONDUCTED
 PURSUANT  TO  THE PROCEDURES AND STANDARDS OF THE FEDERAL HOUSING CHOICE
 VOUCHER PROGRAM, AS SET FORTH IN THE APPLICABLE SECTIONS OF PART 982  OF
 TITLE 24 OF THE CODE OF FEDERAL REGULATIONS.
 S. 4006--B                         101
 
   § 615. RENT.  1.  THE  RENT  FOR  DWELLING  UNITS  FOR WHICH A HOUSING
 ASSISTANCE PAYMENT CONTRACT IS ESTABLISHED UNDER THIS ARTICLE  SHALL  BE
 REASONABLE  IN  COMPARISON  WITH  RENTS  CHARGED FOR COMPARABLE DWELLING
 UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET.
   2.  A  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER ENTITY, AS
 PROVIDED IN SECTION SIX HUNDRED SEVENTEEN OF THIS ARTICLE) MAY,  AT  THE
 REQUEST OF AN INDIVIDUAL OR FAMILY RECEIVING ASSISTANCE UNDER THIS ARTI-
 CLE,  ASSIST  THAT INDIVIDUAL OR FAMILY IN NEGOTIATING A REASONABLE RENT
 WITH A DWELLING UNIT OWNER. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
 (OR OTHER SUCH ENTITY) SHALL REVIEW THE RENT FOR A UNIT UNDER  CONSIDER-
 ATION  BY  THE  INDIVIDUAL  OR  FAMILY (AND ALL RENT INCREASES FOR UNITS
 UNDER LEASE BY THE INDIVIDUAL OR FAMILY) TO DETERMINE WHETHER  THE  RENT
 (OR  RENT  INCREASE)  REQUESTED BY THE OWNER IS REASONABLE. IF A HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATOR (OR  OTHER  SUCH  ENTITY)  DETERMINES
 THAT  THE RENT (OR RENT INCREASE) FOR A DWELLING UNIT IS NOT REASONABLE,
 THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR  OTHER  SUCH  ENTITY)
 SHALL  NOT  MAKE  HOUSING  ASSISTANCE  PAYMENTS  TO THE OWNER UNDER THIS
 SUBDIVISION WITH RESPECT TO THAT UNIT.
   3. IF A DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT  CONTRACT
 IS  ESTABLISHED  UNDER  THIS  ARTICLE  IS EXEMPT FROM LOCAL RENT CONTROL
 PROVISIONS DURING THE TERM OF THAT CONTRACT,  THE  RENT  FOR  THAT  UNIT
 SHALL  BE  REASONABLE  IN COMPARISON WITH OTHER UNITS IN THE RENTAL AREA
 THAT ARE EXEMPT FROM LOCAL RENT CONTROL PROVISIONS.
   4. EACH HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL  MAKE  TIMELY
 PAYMENT  OF ANY AMOUNTS DUE TO A DWELLING UNIT OWNER UNDER THIS SECTION,
 SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE.
   § 616. VACATED UNITS. IF AN ASSISTED FAMILY VACATES  A  DWELLING  UNIT
 FOR  WHICH  RENTAL  ASSISTANCE  IS  PROVIDED  UNDER A HOUSING ASSISTANCE
 PAYMENT CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR  THE
 UNIT,  RENTAL  ASSISTANCE  PURSUANT TO SUCH CONTRACT MAY NOT BE PROVIDED
 FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED.
   § 617. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMIN-
 ISTRATOR. 1. IF AN ELIGIBLE INDIVIDUAL OR  FAMILY  ASSISTED  UNDER  THIS
 ARTICLE  LEASES  A  DWELLING  UNIT (OTHER THAN A PUBLIC HOUSING DWELLING
 UNIT) THAT IS OWNED BY A  HOUSING  ACCESS  VOUCHER  LOCAL  ADMINISTRATOR
 ADMINISTERING  ASSISTANCE  TO  THAT  INDIVIDUAL  OR  FAMILY  UNDER  THIS
 SECTION, THE COMMISSIONER  SHALL  REQUIRE  THE  UNIT  OF  GENERAL  LOCAL
 GOVERNMENT  OR  ANOTHER  ENTITY  APPROVED  BY  THE COMMISSIONER, TO MAKE
 INSPECTIONS REQUIRED UNDER SECTION SIX HUNDRED FOURTEEN OF THIS  ARTICLE
 AND  RENT  DETERMINATIONS  REQUIRED UNDER SECTION SIX HUNDRED FIFTEEN OF
 THIS ARTICLE. THE HOUSING ACCESS VOUCHER LOCAL  ADMINISTRATOR  SHALL  BE
 RESPONSIBLE  FOR  ANY  EXPENSES  OF SUCH INSPECTIONS AND DETERMINATIONS,
 SUBJECT TO THE APPROPRIATION OF FUNDS FOR THIS PURPOSE.
   2. FOR PURPOSES OF THIS SECTION, THE TERM "OWNED BY A  HOUSING  ACCESS
 VOUCHER  LOCAL  ADMINISTRATOR"  MEANS,  WITH RESPECT TO A DWELLING UNIT,
 THAT THE DWELLING UNIT IS IN A PROJECT THAT IS OWNED BY SUCH ADMINISTRA-
 TOR, BY AN ENTITY WHOLLY CONTROLLED  BY  SUCH  ADMINISTRATOR,  OR  BY  A
 LIMITED  LIABILITY COMPANY OR LIMITED PARTNERSHIP IN WHICH SUCH ADMINIS-
 TRATOR (OR AN ENTITY WHOLLY CONTROLLED BY SUCH  ADMINISTRATOR)  HOLDS  A
 CONTROLLING INTEREST IN THE MANAGING MEMBER OR GENERAL PARTNER. A DWELL-
 ING  UNIT  SHALL  NOT  BE DEEMED TO BE OWNED BY A HOUSING ACCESS VOUCHER
 LOCAL ADMINISTRATOR FOR PURPOSES OF THIS SECTION BECAUSE  SUCH  ADMINIS-
 TRATOR  HOLDS  A  FEE INTEREST AS GROUND LESSOR IN THE PROPERTY ON WHICH
 THE UNIT IS SITUATED, HOLDS A SECURITY INTEREST UNDER A MORTGAGE OR DEED
 OF TRUST ON THE UNIT, OR HOLDS A NON-CONTROLLING INTEREST IN  AN  ENTITY
 S. 4006--B                         102
 
 WHICH  OWNS  THE UNIT OR IN THE MANAGING MEMBER OR GENERAL PARTNER OF AN
 ENTITY WHICH OWNS THE UNIT.
   § 618. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE-
 DURES  WHICH  ARE  APPROPRIATE  AND NECESSARY TO ASSURE THAT INCOME DATA
 PROVIDED TO THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND OWNERS BY
 INDIVIDUALS AND FAMILIES APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS
 ARTICLE IS COMPLETE AND ACCURATE. IN ESTABLISHING SUCH  PROCEDURES,  THE
 COMMISSIONER SHALL RANDOMLY, REGULARLY, AND PERIODICALLY SELECT A SAMPLE
 OF FAMILIES TO AUTHORIZE THE COMMISSIONER TO OBTAIN INFORMATION ON THESE
 FAMILIES FOR THE PURPOSE OF INCOME VERIFICATION, OR TO ALLOW THOSE FAMI-
 LIES  TO  PROVIDE  SUCH  INFORMATION  THEMSELVES.  SUCH  INFORMATION MAY
 INCLUDE, BUT IS NOT LIMITED TO,  DATA  CONCERNING  UNEMPLOYMENT  COMPEN-
 SATION  AND  FEDERAL  INCOME TAXATION AND DATA RELATING TO BENEFITS MADE
 AVAILABLE UNDER THE SOCIAL SECURITY ACT, 42 U.S.C. 301 ET SEQ., THE FOOD
 AND NUTRITION ACT OF 2008, 7 U.S.C. 2011 ET SEQ., OR  TITLE  38  OF  THE
 UNITED  STATES  CODE.  ANY  SUCH  INFORMATION  RECEIVED PURSUANT TO THIS
 SECTION SHALL REMAIN CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE
 OF VERIFYING INCOMES IN ORDER TO DETERMINE  ELIGIBILITY  OF  INDIVIDUALS
 AND  FAMILIES  FOR  BENEFITS  (AND  THE AMOUNT OF SUCH BENEFITS, IF ANY)
 UNDER THIS ARTICLE.
   § 619. DIVISION OF AN ASSISTED FAMILY. 1. IN THOSE INSTANCES  WHERE  A
 FAMILY  ASSISTED  UNDER  THIS ARTICLE BECOMES DIVIDED INTO TWO OTHERWISE
 ELIGIBLE INDIVIDUALS OR FAMILIES DUE TO DIVORCE, LEGAL SEPARATION OR THE
 DIVISION OF THE FAMILY, WHERE SUCH INDIVIDUALS OR FAMILIES CANNOT  AGREE
 AS  TO  WHICH  SUCH  INDIVIDUAL OR FAMILY SHOULD CONTINUE TO RECEIVE THE
 ASSISTANCE, AND WHERE THERE IS NO DETERMINATION BY A COURT, THE  HOUSING
 ACCESS  VOUCHER LOCAL ADMINISTRATOR SHALL CONSIDER THE FOLLOWING FACTORS
 TO DETERMINE WHICH OF THE INDIVIDUALS OR FAMILIES WILL  CONTINUE  TO  BE
 ASSISTED:
   (A)  WHICH  OF  SUCH  INDIVIDUALS OR FAMILIES HAS CUSTODY OF DEPENDENT
 CHILDREN;
   (B) WHICH SUCH INDIVIDUAL WAS THE HEAD OF HOUSEHOLD WHEN  THE  VOUCHER
 WAS INITIALLY ISSUED AS LISTED ON THE INITIAL APPLICATION;
   (C)  THE  COMPOSITION  OF SUCH INDIVIDUALS AND FAMILIES AND WHICH SUCH
 FAMILY INCLUDES ELDERLY OR DISABLED MEMBERS;
   (D) WHETHER DOMESTIC VIOLENCE WAS INVOLVED  IN  THE  BREAKUP  OF  SUCH
 FAMILY;
   (E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND
   (F) RECOMMENDATIONS OF SOCIAL SERVICES PROFESSIONALS.
   2.  DOCUMENTATION  OF  THESE FACTORS WILL BE THE RESPONSIBILITY OF THE
 REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED, THE HOUSING ACCESS
 VOUCHER LOCAL ADMINISTRATOR WILL TERMINATE ASSISTANCE ON  THE  BASIS  OF
 FAILURE TO PROVIDE INFORMATION NECESSARY FOR A RECERTIFICATION.
   § 620. MAINTENANCE  OF  EFFORT.  ANY  FUNDS MADE AVAILABLE PURSUANT TO
 THIS ARTICLE SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT  OF  FUNDS
 PREVIOUSLY  EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR IN
 ANY COUNTY OR IN THE CITY OF NEW YORK, BUT SHALL BE USED  TO  SUPPLEMENT
 ANY  PRIOR  YEAR'S EXPENDITURES. THE COMMISSIONER MAY GRANT AN EXCEPTION
 TO THIS REQUIREMENT IF ANY COUNTY, MUNICIPALITY, OR  OTHER  GOVERNMENTAL
 ENTITY  OR  PUBLIC BODY CAN AFFIRMATIVELY SHOW THAT SUCH AMOUNT OF FUNDS
 PREVIOUSLY EXPENDED IS IN EXCESS OF  THE  AMOUNT  NECESSARY  TO  PROVIDE
 ASSISTANCE  TO ALL INDIVIDUALS AND FAMILIES WITHIN THE AREA IN WHICH THE
 FUNDS WERE PREVIOUSLY EXPENDED WHO ARE HOMELESS OR  FACING  AN  IMMINENT
 LOSS OF HOUSING.
   § 621. VOUCHERS  STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED ELEVEN
 OF THIS ARTICLE, ANY VOUCHER ISSUED PURSUANT TO THIS ARTICLE MAY BE USED
 S. 4006--B                         103
 
 FOR HOUSING ANYWHERE IN THE STATE. THE COMMISSIONER SHALL INFORM VOUCHER
 HOLDERS THAT A VOUCHER MAY BE USED ANYWHERE IN THE  STATE  AND,  TO  THE
 EXTENT  PRACTICABLE,  THE  COMMISSIONER  SHALL ASSIST VOUCHER HOLDERS IN
 FINDING HOUSING IN THE AREA OF THEIR CHOICE.  PROVIDED FURTHER, HOWEVER,
 THAT  A  VOUCHER  MUST  BE USED IN THE COUNTY IN WHICH IT WAS ISSUED, OR
 WITHIN THE CITY OF NEW YORK, IF THE VOUCHER WAS ISSUED WITHIN  THE  CITY
 OF  NEW  YORK,  FOR  NO  LESS  THAN  ONE YEAR BEFORE IT CAN BE USED IN A
 DIFFERENT JURISDICTION, UNLESS THE ISSUING HOUSING ACCESS VOUCHER  LOCAL
 ADMINISTRATOR GRANTS A WAIVER, OR THE VOUCHER HOLDER, OR A FAMILY MEMBER
 THEREOF,  IS  OR  HAS  BEEN  THE  VICTIM  OF  DOMESTIC  VIOLENCE, DATING
 VIOLENCE, SEXUAL ASSAULT, OR STALKING.
   § 622. APPLICABLE CODES. HOUSING ELIGIBLE  FOR  PARTICIPATION  IN  THE
 HOUSING  ACCESS  VOUCHER  PROGRAM SHALL COMPLY WITH APPLICABLE STATE AND
 LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES.
   § 623. HOUSING CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE  HOUS-
 ING  ACCESS VOUCHER PROGRAM UNDER THIS ARTICLE TO PROMOTE HOUSING CHOICE
 FOR VOUCHER HOLDERS. THE COMMISSIONER SHALL AFFIRMATIVELY  PROMOTE  FAIR
 HOUSING TO THE EXTENT POSSIBLE UNDER THIS PROGRAM.
   2.  NOTHING  IN  THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING
 OBLIGATIONS PROMULGATED BY  MUNICIPALITIES,  LOCALITIES,  OR  ANY  OTHER
 APPLICABLE JURISDICTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule, regulation, plan or guidance document necessary  for
 the  implementation  of this act on its effective date are authorized to
 be made and completed on or before such effective date; provided further
 that any rule, regulation, plan or guidance document shall apply only to
 those counties located outside of the city of New  York.  The  New  York
 city department of housing preservation and development and the New York
 city  housing  authority,  as  applicable,  shall  promulgate or release
 rules, regulations, plans or guidance documents  as  necessary  for  the
 implementation of this act within the city of New York.
 
                                  PART HH
 
   Section  1. The education law is amended by adding a new section 210-d
 to read as follows:
   § 210-D. REGISTRATION OF CURRICULA. 1. NOTWITHSTANDING ANY  LAW,  RULE
 OR  REGULATION  TO  THE CONTRARY, ANY NEW CURRICULUM OR PROGRAM OF STUDY
 OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR  UNIVERSITY  CHARTERED  BY  THE
 REGENTS  OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT
 REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED  THIRTY-
 SEVEN  OF  THIS  PART, CHARTER AMENDMENT PURSUANT TO SECTION TWO HUNDRED
 SIXTEEN OF THIS PART, OR LEAD TO PROFESSIONAL  LICENSURE,  AND  THAT  IS
 APPROVED  BY THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY UNIVERSITY
 BOARD OF TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY OF ANY  OTHER  NOT-
 FOR-PROFIT  COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS WHICH (A) HAS
 MAINTAINED A PHYSICAL PRESENCE IN THE STATE FOR THE IMMEDIATELY  PRECED-
 ING  TEN  YEARS AND HAS BEEN OPERATED CONTINUOUSLY BY THE SAME GOVERNING
 BODY DURING THE SAME IMMEDIATELY PRECEDING TEN-YEAR PERIOD, AND  (B)  IS
 ACCREDITED  AND  HAS  CONTINUED  ITS  ACCREDITATION BY THE MIDDLE STATES
 COMMISSION ON HIGHER  EDUCATION  OR  ANOTHER  INSTITUTIONAL  ACCREDITING
 AGENCY  RECOGNIZED  BY  THE SECRETARY OF THE UNITED STATES DEPARTMENT OF
 EDUCATION OR THE DEPARTMENT FOR THE  IMMEDIATELY  PRECEDING  TEN  YEARS,
 SHALL  BE  DEEMED  REGISTERED  WITH THE DEPARTMENT FORTY-FIVE DAYS AFTER
 NOTIFICATION OF APPROVAL BY SUCH COLLEGE OR UNIVERSITY'S GOVERNING  BODY
 S. 4006--B                         104
 
 AND  SUBMISSION  OF  A COMPLETE APPLICATION FOR REVIEW. IF WITHIN FORTY-
 FIVE DAYS OF SUBMISSION, THE DEPARTMENT DETERMINES THE NEW CURRICULUM OR
 PROGRAM OF STUDY TO BE INCOMPLETE OR INSUFFICIENT, A WRITTEN EXPLANATION
 SHALL BE PROVIDED TO THE INSTITUTION. UPON CURING, THE NEW CURRICULUM OR
 PROGRAM  OF  STUDY SHALL BE DEEMED REGISTERED WITH THE DEPARTMENT THIRTY
 DAYS AFTER RESUBMISSION, OR EARLIER UPON THE DEPARTMENT'S APPROVAL.
   2. ANY NOT-FOR-PROFIT COLLEGE OR UNIVERSITY THAT  MEETS  THE  CRITERIA
 SET  FORTH IN SUBDIVISION ONE OF THIS SECTION WHICH HAS RECEIVED CURRIC-
 ULUM OR PROGRAM APPROVAL FROM THE DEPARTMENT AND SEEKS TO OFFER THE SAME
 CURRICULUM OR PROGRAM IN A DISTANCE LEARNING FORMAT SHALL  NOT  NEED  TO
 HAVE SUCH CURRICULUM OR PROGRAM RE-APPROVED BY THE DEPARTMENT, BUT SHALL
 INFORM  THE DEPARTMENT OF SUCH COLLEGE'S OR UNIVERSITY'S INTENT TO OFFER
 SUCH PROGRAM IN SUCH  FORMAT  WITHIN  THIRTY  DAYS  PRIOR  TO  PROVIDING
 DISTANCE LEARNING.
   3.  IF  A  COLLEGE  OR  UNIVERSITY  IS  PLACED ON PROBATION OR HAS ITS
 ACCREDITATION TERMINATED BY THE INSTITUTIONAL ACCREDITING  AGENCY,  SUCH
 COLLEGE  OR UNIVERSITY SHALL NOTIFY THE REGENTS IN WRITING NO LATER THAN
 THIRTY DAYS AFTER RECEIVING NOTICE OF ITS PROBATIONARY STATUS OR LOSS OF
 ACCREDITATION BY THE INSTITUTIONAL ACCREDITING AGENCY.
   4. ANY COLLEGE OR UNIVERSITY WHICH HAS  ITS  ACCREDITATION  PLACED  ON
 PROBATION  OR  TERMINATED BY THE INSTITUTIONAL ACCREDITING AGENCY OR THE
 EDUCATION DEPARTMENT SHALL BE  SUBJECT  TO  THE  COMMISSIONER'S  PROGRAM
 APPROVAL  UNTIL  IT HAS BEEN REMOVED FROM PROBATION OR REGAINED ACCREDI-
 TATION BY THE INSTITUTIONAL ACCREDITING AGENCY OR THE EDUCATION  DEPART-
 MENT,  AND  SHALL  FURTHER REMAIN SUBJECT TO SUCH COMMISSIONER'S PROGRAM
 APPROVAL UNTIL IT HAS CONTINUED WITHOUT PROBATION FOR A  PERIOD  OF  NOT
 LESS THAN SIX YEARS.
   5. IF A COLLEGE OR UNIVERSITY SUBJECT TO THIS SECTION INTENDS TO OFFER
 OR  INSTITUTE  AN  ADDITIONAL  DEGREE  OR  PROGRAM  WHICH  CONSTITUTES A
 SUBSTANTIVE CHANGE  AS  DEFINED  AND  DETERMINED  BY  THE  INSTITUTIONAL
 ACCREDITING  AGENCY,  THEN  SUCH COLLEGE OR UNIVERSITY SHALL PROVIDE THE
 COMMISSIONER WITH COPIES OF ANY REPORTS OR OTHER  DOCUMENTS  FILED  WITH
 THE  INSTITUTIONAL  ACCREDITING  AGENCY  AS  PART  OF  THE INSTITUTIONAL
 ACCREDITING AGENCY'S SUBSTANTIVE CHANGE REVIEW PROCESS AND SHALL  INFORM
 THE COMMISSIONER WHEN THE SUBSTANTIVE CHANGE IS APPROVED.
   6.  ANY  SUCH  COLLEGE  OR UNIVERSITY THAT DOES NOT SATISFY ALL OF THE
 PROVISIONS OF THIS SECTION SHALL COMPLY WITH THE PROCEDURES AND CRITERIA
 ESTABLISHED  BY  THE  REGENTS  AND  COMMISSIONER  FOR  ACADEMIC  PROGRAM
 APPROVAL.  NOTHING  IN THIS SECTION SHALL BE DEEMED TO LIMIT THE DEPART-
 MENT'S EXISTING AUTHORITY TO  INVESTIGATE  A  COMPLAINT  CONCERNING  THE
 INSTITUTION, OR ANY PROGRAM OFFERED, INCLUDING THE AUTHORITY TO DEREGIS-
 TER THE PROGRAM.
   7.  THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN A DATABASE, ACCESSI-
 BLE TO INSTITUTIONS SEEKING CURRICULUM OR PROGRAM APPROVAL, WHICH  SHALL
 PROVIDE  UPDATED  INFORMATION  ON THE CURRENT STATUS OF AN INSTITUTION'S
 SUBMITTED REQUESTS.  TO  THE  EXTENT  PRACTICABLE,  THE  DATABASE  SHALL
 INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING INFORMATION:
   (A) ACKNOWLEDGEMENT AND DATE OF RECEIPT OF SUBMISSION;
   (B)  THE  INITIAL REVIEW BY AN OFFICE OF COLLEGE AND UNIVERSITY EVALU-
 ATION;
   (C) QUESTIONS FROM THE DEPARTMENT  TO  THE  SPECIFIC  INSTITUTION  AND
 RECEIPT OF ANSWERS PROVIDED BY THE INSTITUTION IN RESPONSE; AND
   (D)  ANY REMARKS AND THE FINAL DECISION MADE BY THE DEPARTMENT REGARD-
 ING A CURRICULUM'S OR PROGRAM'S APPROVAL OR DISAPPROVAL.
   8. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
 S. 4006--B                         105
 
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.
 
                                  PART II

   Section 1. Subdivision 14 of section 131-a of the social services law,
 as amended by section 1 of part ZZ of chapter 59 of the laws of 2018, is
 amended to read as follows:
   14.  In  determining the [need for] AMOUNT OF aid provided pursuant to
 public assistance programs, each person living with medically  diagnosed
 HIV  infection  [as  defined  by the AIDS institute of the department of
 health in social services districts with a population over five million]
 who APPLIES FOR OR is receiving [services through such district's admin-
 istrative unit providing HIV/AIDS services,] public assistance  and  HAS
 earned  and/or unearned income, UP TO TWO HUNDRED PERCENT OF THE FEDERAL
 POVERTY GUIDELINES, shall not  be  required  to  pay  more  than  thirty
 percent  of  his or her monthly earned and/or unearned income toward the
 cost of rent that such person has  a  direct  obligation  to  pay;  this
 provision  shall not apply to THE AMOUNT OF PAYMENT OBLIGATIONS FOR room
 and board arrangements  ATTRIBUTABLE  TO  THE  PROVISION  OF  GOODS  AND
 SERVICES OTHER THAN LIVING SPACE.
   §  2.  Subdivision  15  of section 131-a of the social services law is
 REPEALED and a new subdivision 15 is added to read as follows:
   15. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY OTHER LAW
 OR REGULATION TO THE CONTRARY, IN DETERMINING THE AMOUNT OF AID PROVIDED
 PURSUANT TO PUBLIC ASSISTANCE PROGRAMS, SOCIAL SERVICE DISTRICTS  SHALL,
 UPON  APPLICATION,  PROVIDE ACCESS TO EMERGENCY SHELTER, TRANSPORTATION,
 OR NUTRITION PAYMENTS WHICH THE DISTRICT  DETERMINES  ARE  NECESSARY  TO
 ESTABLISH  OR  MAINTAIN  INDEPENDENT  LIVING  ARRANGEMENTS AMONG PERSONS
 LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION WHO ARE HOMELESS OR FACING
 HOMELESSNESS AND FOR WHOM NO VIABLE AND LESS COSTLY ALTERNATIVE TO HOUS-
 ING IS AVAILABLE, INCLUDING HIV EMERGENCY SHELTER ALLOWANCE PAYMENTS  IN
 EXCESS  OF  THOSE  PROMULGATED BY THE OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE BUT NOT EXCEEDING AN AMOUNT  REASONABLY  APPROXIMATE  TO  ONE
 HUNDRED  TEN  PERCENT  OF  FAIR MARKET RENT AS DETERMINED BY THE FEDERAL
 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
   § 3. Section 131 of the social services law is amended by  adding  two
 new subdivisions 21 and 22 to read as follows:
   21.  WHEN  NECESSARY, EACH LOCAL SOCIAL SERVICES DISTRICT SHALL ASSIST
 PERSONS WITH MEDICALLY DIAGNOSED HIV INFECTION BY (I) HELPING TO  SECURE
 THE REQUIRED DOCUMENTATION TO DETERMINE ELIGIBILITY FOR ASSISTANCE, (II)
 ARRANGING  FOR  REQUIRED  FACE-TO-FACE INTERVIEWS TO BE CONDUCTED DURING
 HOME VISITS OR AT OTHER APPROPRIATE SITES, AND (III) PROVIDING REFERRALS
 FOR SERVICES AS WELL AS OTHER RESOURCES AND MATERIALS  AS  DESCRIBED  IN
 SUBDIVISION TWENTY-TWO OF THIS SECTION.
   22.  THE  OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL
 CREATE, MAINTAIN, AND PERIODICALLY UPDATE INFORMATION  ON  THE  OFFICE'S
 WEBSITE REGARDING RESOURCES AND SERVICES THROUGHOUT THE STATE, INCLUDING
 THE  LOCATION  OF  SUCH SERVICES, WHICH SHALL INCLUDE BUT NOT BE LIMITED
 TO, COMMUNITY BASED  SUPPORTS,  EMPLOYMENT  OPPORTUNITIES,  AND  MEDICAL
 PROFESSIONALS SPECIALIZED IN ASSISTING SUCH PERSONS WITH MEDICALLY DIAG-
 NOSED  HIV  INFECTION  TO  BE  UTILIZED  BY  THE  LOCAL  SOCIAL SERVICES
 S. 4006--B                         106
 
 DISTRICTS. SUCH INFORMATION SHALL ALSO BE MADE AVAILABLE ON THE OFFICE'S
 WEBSITE.
   §  4.  Paragraphs  f  and  (g)  of subdivision 1 of section 153 of the
 social services law, paragraph f as amended by chapter 81 of the laws of
 1995 and paragraph (g) as amended by chapter 471 of the  laws  of  1980,
 are amended and a new paragraph h is added to read as follows:
   f.  the  full  amount  expended  by any district, city, town or Indian
 tribe for the costs, including the costs  of  administration  of  public
 assistance and care to eligible needy Indians and members of their fami-
 lies  residing  on  any  Indian  reservation  in this state, after first
 deducting therefrom  any  federal  funds  properly  received  or  to  be
 received on account thereof[.];
   [(g)]  G.  fifty per centum of the amount expended for substance abuse
 services pursuant to this chapter, after first deducting  therefrom  any
 federal funds properly received or to be received on account thereof. In
 the  event  funds  appropriated  for  such  services are insufficient to
 provide full reimbursement of the total of the amounts  claimed  by  all
 social  services  districts  pursuant to this section then reimbursement
 shall be in such proportion as each claim bears to such total[.]; AND
   H. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ONE HUNDRED  PER
 CENTUM  OF  SAFETY  NET  OR  FAMILY  ASSISTANCE  EXPENDITURES, IN SOCIAL
 SERVICES DISTRICTS WITH A POPULATION OF FIVE MILLION OR FEWER,  FOR  HIV
 EMERGENCY  SHELTER  ALLOWANCE PAYMENTS IN EXCESS OF THOSE PROMULGATED BY
 THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE BUT NOT  EXCEEDING  AN
 AMOUNT  REASONABLY APPROXIMATE TO ONE HUNDRED TEN PERCENT OF FAIR MARKET
 RENT AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVEL-
 OPMENT, AND FOR TRANSPORTATION OR NUTRITION PAYMENTS, WHICH THE DISTRICT
 DETERMINES ARE NECESSARY TO ESTABLISH  OR  MAINTAIN  INDEPENDENT  LIVING
 ARRANGEMENTS AMONG PERSONS LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION
 AND  WHO  ARE HOMELESS OR FACING HOMELESSNESS AND FOR WHOM NO VIABLE AND
 LESS COSTLY ALTERNATIVE TO HOUSING IS AVAILABLE, AFTER  FIRST  DEDUCTING
 THEREFROM  ANY  FEDERAL  FUNDS  PROPERLY  RECEIVED  OR TO BE RECEIVED ON
 ACCOUNT THEREOF.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART JJ
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "NYCHA utility accountability act".
   § 2. Section 402-e of the public housing law is amended  by  adding  a
 new subdivision 5 to read as follows:
   5.  WHERE  THERE IS A DISRUPTION IN THE NEW YORK CITY HOUSING AUTHORI-
 TY'S PROVISION OF HEAT,  WATER,  GAS,  OR  ELECTRICITY  SERVICE  TO  ANY
 TENANT,  THE NEW YORK CITY HOUSING AUTHORITY SHALL, AT A MINIMUM, REDUCE
 THE AMOUNT OF RENT TO BE PAID BY SUCH TENANT FOR THE FOLLOWING MONTH  BY
 THE  GREATER OF EITHER (A) SEVENTY-FIVE DOLLARS PER MONTH, ON A PRORATED
 DAILY BASIS FOR EACH DAY SUCH TENANT EXPERIENCED A DISRUPTION  OF  HEAT,
 WATER,  GAS,  OR  ELECTRICITY  SERVICE;  OR  (B) THE AMOUNT EQUAL TO TEN
 PERCENT OF SUCH TENANT'S PRORATED DAILY COST OF RENT FOR EACH  DAY  SUCH
 TENANT  EXPERIENCED  A  DISRUPTION  OF  HEAT, WATER, GAS, OR ELECTRICITY
 SERVICE.
   § 3. This act shall take effect immediately.
 
                                  PART KK
 S. 4006--B                         107

   Section 1. The social services law is amended by adding a new  section
 131-ss to read as follows:
   §  131-SS.  AUTOMATED  IDENTIFICATION OF AFFORDABILITY PROGRAM PARTIC-
 IPANTS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO-
 RARY AND DISABILITY ASSISTANCE.
   (B) "AFFORDABILITY PROGRAM PARTICIPANT" SHALL MEAN A HOUSEHOLD THAT IS
 DETERMINED  TO  BE  ELIGIBLE  BY  THE  APPROPRIATE AGENCY FOR ANY OF THE
 FOLLOWING PROGRAMS:
   (I) PUBLIC ASSISTANCE;
   (II) SUPPLEMENTAL SECURITY INCOME;
   (III) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP);
   (IV) LOW INCOME HOME ENERGY ASSISTANCE PROGRAM;
   (V) VETERAN'S DISABILITY PENSION;
   (VI) VETERAN'S SURVIVING SPOUSE PENSION;
   (VII) CHILD HEALTH PLUS;
   (VIII) LIFELINE; AND
   (IX) ANY OTHER  INCOME-BASED  ASSISTANCE  PROGRAM  IDENTIFIED  BY  THE
 PUBLIC SERVICE COMMISSION IN CONSULTATION WITH THE OFFICE.
   (C) "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY DISABILITY ASSISTANCE.
   (D)  "UTILITY CORPORATION" SHALL MEAN A CORPORATION REGULATED PURSUANT
 TO ARTICLE TWO OF THE PUBLIC SERVICE LAW.
   (E) "UTILITY  CORPORATION  ENERGY  AFFORDABILITY  PROGRAMS"  SHALL  BE
 DEFINED  BY  THE  PUBLIC  SERVICE  COMMISSION AND SHALL INCLUDE PROGRAMS
 WHICH ARE INTENDED TO ASSIST  CUSTOMERS  WITH  ENERGY  AFFORDABILITY  BY
 REDUCING CUSTOMERS' ENERGY BURDEN.
   2.  WITHIN  ONE  HUNDRED  EIGHTY  DAYS  OF  THE EFFECTIVE DATE OF THIS
 SECTION, THE COMMISSIONER SHALL ESTABLISH A STATEWIDE PROGRAM TO PROVIDE
 FOR AUTOMATED IDENTIFICATION OF ELIGIBLE AFFORDABILITY  PROGRAM  PARTIC-
 IPANTS  FOR  PARTICIPATION  IN  UTILITY CORPORATION ENERGY AFFORDABILITY
 PROGRAMS.
   3. THE OFFICE SHALL ENGAGE  WITH  UTILITY  CORPORATIONS  TO  ESTABLISH
 AUTOMATED  FILE  MATCHING  MECHANISMS  THAT WILL PROVIDE, VIA ELECTRONIC
 MEANS, TO UTILITY CORPORATIONS A LIST OF ELIGIBLE AFFORDABILITY  PROGRAM
 PARTICIPANTS WITHIN THE UTILITY CORPORATION'S SERVICE TERRITORY.
   4. THE OFFICE SHALL CONDUCT AUTOMATED FILE MATCHING TO IDENTIFY UTILI-
 TY  CORPORATION  CUSTOMER  ACCOUNTS  THAT ARE ALSO AFFORDABILITY PROGRAM
 PARTICIPANTS AND SUCH INFORMATION SHALL BE PROVIDED  TO  UTILITY  CORPO-
 RATIONS  NO  LESS  THAN  SEMI-ANNUALLY.    UTILITY  CORPORATION CUSTOMER
 ACCOUNTS IDENTIFIED BY THE  OFFICE  AS  ELIGIBLE  FOR  PARTICIPATION  IN
 AVAILABLE  UTILITY CORPORATION ENERGY AFFORDABILITY PROGRAMS AS A RESULT
 OF SUCH FILE MATCHING SHALL BE ENROLLED IN SUCH  PROGRAMS  WITHIN  SIXTY
 DAYS OF RECEIPT OF THE OFFICE COMMUNICATING THE RESULTS OF THE AUTOMATED
 FILE  MATCHING  TO THE UTILITY CORPORATION.  ANY INFORMATION PROVIDED TO
 THE UTILITY CORPORATIONS RELATED TO AFFORDABILITY  PROGRAM  PARTICIPANTS
 PURSUANT  TO  THIS SECTION SHALL BE REDACTED AS NECESSARY TO PROTECT ANY
 INFORMATION THAT IS PROTECTED UNDER ANY STATE OR FEDERAL  PRIVACY  LAWS,
 KEPT  CONFIDENTIAL,  AND  SHALL  ONLY  BE  UTILIZED  FOR  THE PURPOSE OF
 CONFIRMING ELIGIBILITY IN THE UTILITY CORPORATION  ENERGY  AFFORDABILITY
 PROGRAM.
   5.  UPON  AUTOMATIC  ENROLLMENT, THE COMMISSIONER SHALL FURTHER NOTIFY
 THE AFFORDABILITY PROGRAM  PARTICIPANTS  OF  OTHER  PROGRAMS  THAT  SUCH
 PARTICIPANTS  ARE  ELIGIBLE  FOR, AND TO THE EXTENT PERMISSIBLE BY STATE
 AND FEDERAL LAW, SHALL DEVELOP SYSTEMS AND PROCEDURES TO OBTAIN  CONSENT
 S. 4006--B                         108
 
 FOR  AUTOMATIC  ENROLLMENT  INTO ANY OF THE PROGRAMS LISTED IN PARAGRAPH
 (B) OF SUBDIVISION ONE OF THIS SECTION.
   6. THE COMMISSIONER MAY ADOPT, ON AN EMERGENCY BASIS PURSUANT TO ARTI-
 CLE  TWO  OF THE STATE ADMINISTRATIVE PROCEDURE ACT, ANY RULES NECESSARY
 TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   7. THE COMMISSIONER MAY DELEGATE THE ADMINISTRATION OF ANY PORTION  OF
 THIS  PROGRAM  TO  ANY  STATE  AGENCY, CITY, COUNTY, TOWN, CONTRACTOR OR
 NON-PROFIT ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF THIS  ARTI-
 CLE AND APPLICABLE FEDERAL REQUIREMENTS.  PROVIDED HOWEVER, SUCH PRIVACY
 AND  CONFIDENTIALITY  LIMITATIONS PRESCRIBED IN SUBDIVISION FOUR OF THIS
 SECTION SHALL APPLY TO ANY ENTITY THAT THE  COMMISSIONER  DELEGATES  THE
 ADMINISTRATION OF THE PROGRAM TO.
   § 2.  This act shall take effect immediately.
 
                                  PART LL
 
   Section  1.  The  state finance law is amended by adding a new section
 99-qq to read as follows:
   § 99-QQ. NEW YORK STATE YOUTH SPORTS  INITIATIVE  GRANTS  FUND.  1.  A
 SPECIAL  FUND TO BE KNOWN AS THE "NEW YORK STATE YOUTH SPORTS INITIATIVE
 GRANTS FUND" IS HEREBY ESTABLISHED IN THE CUSTODY  OF  THE  STATE  COMP-
 TROLLER AND THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES.
   2.  THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
 ALL MONIES TRANSFERRED TO SUCH FUND PURSUANT TO LAW, ALL MONIES REQUIRED
 BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO BE PAID INTO OR CREDIT-
 ED TO THE FUND AND ANY INTEREST  EARNINGS  WHICH  MAY  ACCRUE  FROM  THE
 INVESTMENT OF MONIES IN THE FUND. NOTHING CONTAINED HEREIN SHALL PREVENT
 THE  COMPTROLLER  OR  COMMISSIONER  OF CHILDREN AND FAMILY SERVICES FROM
 RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE  PURPOSES  OF  THE  FUND  AS
 DEFINED  IN  THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO
 LAW.
   3. MONIES OF THE FUND, WHEN ALLOCATED,  SHALL  BE  AVAILABLE  TO  MAKE
 GRANTS  TO ELIGIBLE NOT-FOR-PROFIT YOUTH SPORTS ORGANIZATIONS.  NOT-FOR-
 PROFIT YOUTH SPORTS ORGANIZATIONS SHALL BE CHOSEN BY THE COMMISSIONER OF
 CHILDREN AND FAMILY SERVICES FOR SUCH GRANTS BASED  ON  CRITERIA  ESTAB-
 LISHED  BY  THE  COMMISSIONER  OF  CHILDREN AND FAMILY SERVICES FOR SUCH
 PURPOSE.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF CHILDREN AND FAMILY SERVICES.
   5. THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES  SHALL  PROMULGATE
 ANY  RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
 SECTION.
   6. ADDITIONALLY, THE COMMISSIONER  OF  CHILDREN  AND  FAMILY  SERVICES
 SHALL  SUBMIT  A  REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY, PRIOR TO, BUT IN NO EVENT  LATER
 THAN, DECEMBER THIRTY-FIRST, IN THE YEAR FOLLOWING THE EFFECTIVE DATE OF
 THIS  SECTION,  AND ANNUALLY THEREAFTER, WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (A) FINANCIAL REPORTS OF THE GRANTS FUND OPERATIONS ESTABLISHED PURSU-
 ANT TO THIS SECTION;
   (B) AN ANALYSIS OF THE GRANTS FUND'S ABILITY  TO  PROVIDE  SUCH  YOUTH
 SPORTS INITIATIVE GRANTS;
   (C)  RECOMMENDATIONS  ON  THE CONTINUATION OF SUCH GRANTS AND THE NEED
 FOR FUND EXPANSION, IF APPROPRIATE;
   (D) PROFILES OF THE GRANT RECIPIENTS; AND
 S. 4006--B                         109
 
   (E) OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER  OF  EDUCA-
 TION.
   7.  (A) NO APPLICANT FOR A GRANT PROVIDED FOR UNDER THIS SECTION SHALL
 KNOWINGLY: (I) MAKE A FALSE STATEMENT  OR  REPRESENTATION  CONCERNING  A
 MATERIAL FACT; (II) SUBMIT FALSE INFORMATION CONCERNING A MATERIAL FACT;
 OR  (III)  CONCEAL  A MATERIAL FACT, ON AN APPLICATION TO OBTAIN A GRANT
 PROVIDED FOR UNDER THIS SECTION.
   (B) ANY APPLICANT WHO IS FOUND BY THE  COMMISSIONER  OF  CHILDREN  AND
 FAMILY  SERVICES,  AFTER  NOTICE  AND AN ADMINISTRATIVE HEARING, TO HAVE
 RECEIVED A GRANT PROVIDED FOR UNDER THIS SECTION BASED UPON AN  APPLICA-
 TION  WHICH  VIOLATED PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE SUBJECT
 TO A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS.
   § 2. This act shall take effect immediately.
 
                                  PART MM
 
   Section 1. Paragraphs (d) and (e) of subdivision 1 of section 410-w of
 the social services law, as amended by section 2 of part L of chapter 56
 of the laws of 2022, are amended and a new paragraph  (f)  is  added  to
 read as follows:
   (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, 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 eligi-
 ble for child care assistance in accordance with criteria established by
 the department; provided, the family income does not exceed  eighty-five
 percent of the state median income[.]; AND
   (F)  FAMILIES  RECEIVING  CHILD  CARE  ASSISTANCE  UNDER A PRESUMPTIVE
 ELIGIBILITY STANDARD, PURSUANT TO SUBDIVISION THREE-A OF THIS SECTION.
   § 2. Section 410-w of the social services law is amended by  adding  a
 new subdivision 3-a to read as follows:
   3-A. (A) A SOCIAL SERVICES DISTRICT SHALL UTILIZE A PRESUMPTIVE ELIGI-
 BILITY STANDARD TO PROVIDE CHILD CARE ASSISTANCE TO FAMILIES IN NEED.
   (B) UPON APPLICATION FOR CHILD CARE ASSISTANCE, WITH INCLUDED DOCUMEN-
 TATION  REQUIRED  BY A LOCAL SOCIAL SERVICES DISTRICT, A FAMILY SHALL BE
 PRESUMED ELIGIBLE FOR SUCH ASSISTANCE FOR A PERIOD OF  THIRTY  TO  SIXTY
 DAYS.  A  LOCAL SOCIAL SERVICES DISTRICT SHALL MAKE ELIGIBILITY DETERMI-
 NATIONS WITHIN THIRTY TO SIXTY DAYS, TO ENSURE APPLICANTS MEET NECESSARY
 CRITERIA FOR CONTINUED ASSISTANCE.
   (C) IF A SOCIAL SERVICES DISTRICT HAS NOT  MADE  ELIGIBILITY  DETERMI-
 NATIONS  AFTER  A  PERIOD  OF THIRTY TO SIXTY DAYS HAS ELAPSED, A FAMILY
 SHALL CONTINUE TO BE PRESUMED ELIGIBLE FOR ASSISTANCE.  FOR  ELIGIBILITY
 DETERMINATIONS  MADE  AFTER  SUCH A PERIOD HAS ELAPSED, THE LOCAL SOCIAL
 SERVICES DISTRICT SHALL UTILIZE LOCAL FUNDS FOR SUCH  ASSISTANCE  DURING
 THE PERIOD OF PRESUMED ELIGIBILITY.
   (D)  IF  A FAMILY HAS BEEN DETERMINED TO BE PRESUMPTIVELY ELIGIBLE FOR
 CHILD CARE ASSISTANCE, PURSUANT TO THIS SUBDIVISION, AND IS SUBSEQUENTLY
 DETERMINED TO BE INELIGIBLE FOR SUCH ASSISTANCE,  THE  COMMISSIONER,  ON
 BEHALF  OF  THE  STATE AND THE LOCAL SOCIAL SERVICES DISTRICT SHALL HAVE
 THE AUTHORITY TO RECOUP FROM THE INDIVIDUAL THE SUMS EXPENDED  FOR  SUCH
 ASSISTANCE DURING THE PERIOD OF PRESUMED ELIGIBILITY.
 S. 4006--B                         110
 
   (E)  A SOCIAL SERVICES DISTRICT SHALL PROVIDE CHILD CARE ASSISTANCE TO
 FAMILIES UNDER A PRESUMPTIVE  ELIGIBILITY  STANDARD,  USING  CHILD  CARE
 BLOCK  GRANT FUNDS, PURSUANT TO PARAGRAPH (F) OF SUBDIVISION ONE OF THIS
 SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART NN
 
   Section  1.  The education law is amended by adding a new section 6912
 to read as follows:
   § 6912.  CLINICAL  EDUCATION  IN  NEW  YORK  STATE  NURSING  EDUCATION
 PROGRAMS.    1.  FOR  PURPOSES  OF THIS SECTION, "SIMULATION EXPERIENCE"
 SHALL MEAN PLANNED LEARNING EXPERIENCES THAT REPRESENT ACTUAL OR  POTEN-
 TIAL SITUATIONS IN CLINICAL NURSING PRACTICE AND ADHERE TO THE STANDARDS
 OF THIS SECTION. SUCH LEARNING EXPERIENCES ALLOW PARTICIPANTS TO DEVELOP
 OR  ENHANCE  CLINICAL NURSING COMPETENCIES AND PROVIDE AN OPPORTUNITY TO
 ANALYZE AND RESPOND TO REALISTIC SITUATIONS IN A SIMULATED ENVIRONMENT.
   2. NEW YORK STATE CERTIFICATE AND DEGREE PROGRAMS  REGISTERED  BY  THE
 DEPARTMENT  FOR  THE  PURPOSES OF MEETING THE EDUCATION REQUIREMENTS SET
 FORTH IN THIS ARTICLE SHALL INCLUDE CLINICAL EDUCATION,  OR  THE  EQUIV-
 ALENT  AS  DEFINED  AND DETERMINED BY THE COMMISSIONER PURSUANT TO REGU-
 LATION.
   3. REGISTERED PROGRAMS MAY DELIVER ONE-THIRD OF SUCH CLINICAL TRAINING
 OR CLINICAL EDUCATION THROUGH SIMULATION EXPERIENCE AS DEFINED  IN  THIS
 SECTION AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, PROVIDED,
 HOWEVER,  NOTHING  IN THIS SECTION SHALL REDUCE THE MINIMUM IN-PERSON OR
 DIRECT CARE REQUIREMENTS ESTABLISHED  BY  PROGRAMMATIC  ACCREDITORS  AND
 CERTIFYING BODIES. TO MEET A PARTICULAR EDUCATIONAL NEED THE COMMISSION-
 ER  MAY  APPROVE  THAT  MORE THAN ONE-THIRD OF SUCH CLINICAL TRAINING OR
 CLINICAL EDUCATION MAY BE MET THROUGH SIMULATION EXPERIENCE  AS  DEFINED
 IN THIS SECTION AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   4. THE COMMISSIONER SHALL PRESCRIBE IN REGULATION AN EXPEDITED PROCESS
 FOR PROGRAMS SEEKING A CURRICULAR CHANGE TO IMPLEMENT SIMULATION EXPERI-
 ENCES.  FOR PROGRAMS THAT ARE NOT IN SUBSTANTIAL COMPLIANCE WITH DEPART-
 MENT  PROGRAM REQUIREMENTS, THE DEPARTMENT MAY REQUEST ADDITIONAL INFOR-
 MATION AND MATERIALS, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
 THE DEPARTMENT SHALL ACT UPON A PROGRAM'S SUBMISSION TO IMPLEMENT  SIMU-
 LATION  EXPERIENCES WITHIN TWENTY BUSINESS DAYS OF RECEIPT OF A COMPLETE
 AND PROPERLY SUBMITTED FORM.
   5. SIMULATION EXPERIENCE ACCEPTABLE TO THE DEPARTMENT FOR THE PURPOSES
 OF CLINICAL TRAINING OR CLINICAL EDUCATION SHALL:
   (A) BE DESIGNED, GUIDED AND SUPERVISED BY PROGRAM FACULTY AND  PROGRAM
 STAFF  WITH APPROPRIATE AND RELEVANT TRAINING, CERTIFICATION OR ACCREDI-
 TATION, WHO MAY BE ASSISTED OR SUPPORTED BY EXPERTS IN SIMULATION, IN  A
 NURSING SKILLS OR CLINICAL SIMULATION LABORATORY SETTING;
   (B)  INCLUDE  CONTINUED  PROFESSIONAL  DEVELOPMENT  OPPORTUNITIES  FOR
 PROGRAM FACULTY AND PROGRAM STAFF IN SIMULATION METHODS AND  BEST  PRAC-
 TICES;
   (C) UTILIZE THEORY-BASED, EVIDENCE-BASED, AND STANDARDS-DRIVEN PEDAGO-
 GY;
   (D)  REQUIRE  ACTIVE STUDENT ENGAGEMENT IN GUIDED SKILLS PRACTICE WITH
 INSTRUCTIONAL FEEDBACK;
   (E) INCLUDE FORMATIVE AND SUMMATIVE  ASSESSMENTS  OF  WELL-ARTICULATED
 COMPETENCIES  APPROPRIATE  TO THE ROLE AND RESPONSIBILITIES OF THE LEAR-
 NER;
 S. 4006--B                         111

   (F) USE VARIOUS TYPES OF FIDELITY THROUGH EQUIPMENT  AND  PRACTICE  TO
 REPLICATE  SUBSTANTIAL  ASPECTS OF CLINICAL NURSING PRACTICE AND UTILIZE
 RELEVANT EQUIPMENT AND TECHNOLOGIES AS APPROPRIATE TO THE DESIRED LEARN-
 ING OUTCOMES;
   (G) MAINTAIN CONTINUED COMPLIANCE WITH THE STANDARDS OF PROGRAM REGIS-
 TRATION; AND
   (H)  RESPOND TO INNOVATIONS OR EMERGING EDUCATIONAL NEEDS, PURSUANT TO
 REGULATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment, and/or repeal of any rule or regulation necessary for  the  imple-
 mentation  of  this  act on its effective date are authorized to be made
 and completed on or before such effective date.

                                  PART OO
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "special joint legislative commission on affordable housing act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares  that  New  York State and its localities have made significant
 investments in the development and preservation of affordable housing in
 recent years, including the implementation of landmark, statewide spend-
 ing plans targeting various types of housing and those populations  most
 in  need  of affordable and supportive options. While the state has made
 progress toward achieving  housing  goals,  additional  initiatives  are
 needed  to  address  affordable  housing  shortages. The purpose of this
 commission is to examine the overall effectiveness of existing  programs
 that  prioritize  housing stability and the preservation and development
 of affordable housing. This commission will also allow  the  legislature
 to  hear from a broad array of housing stakeholders in order to identify
 methods to improve existing programs as well as implement new strategies
 to increase the supply and production of affordable housing units across
 the state.
   § 3. Special joint legislative commission on  affordable  housing.  1.
 There is hereby created in the division of housing and community renewal
 a  special  joint  legislative  commission  on  affordable  housing. The
 commission shall consist of twenty-five members: (a) the  chief  housing
 officer of the city of New York, or their designee; (b) eight members to
 be appointed by the governor including (i) the commissioner of the divi-
 sion  of  housing  and  community  renewal,  or their designee, (ii) the
 commissioner of the office of temporary and  disability  assistance,  or
 their  designee, (iii) the superintendent of the department of financial
 services, or their designee, and (iv) five members with experience work-
 ing with issues related to affordable housing; (c) eight members  to  be
 appointed  by  the  temporary  president  of  the senate including (i) a
 tenants' rights advocate with experience in providing legal services  to
 tenants,  (ii)  a  representative  of  building  service or construction
 trades, (iii) a real estate trade association representative,  (iv)  one
 member  of  the New York state senate, and (v) four members with experi-
 ence working with  issues  related  to  affordable  housing;  (d)  eight
 members  to  be appointed by the speaker of the assembly including (i) a
 tenants' rights advocate with experience in providing legal services  to
 tenants,  (ii)  a  representative  of  building  service or construction
 trades, (iii) a real estate trade association representative,  (iv)  one
 member of the New York state assembly, and (v) four members with experi-
 ence working with issues related to affordable housing.
 S. 4006--B                         112
 
   2.   The commissioner of the division of housing and community renewal
 shall serve, ex officio, as the chair of the commission.   A  member  of
 the senate appointed to the commission by the temporary president of the
 senate  and  a member of the assembly appointed to the commission by the
 speaker  of  the  assembly  shall  be designated by each to serve as the
 co-chairs of the commission. In appointing members  to  the  commission,
 appointing  authorities  shall  ensure  that  such  members, as a group,
 represent diverse perspectives relevant to the duties of the  commission
 and shall represent the geographic diversity of the state.
   3.  The members of the commission shall serve at the pleasure of their
 appointing authority. Any vacancy that occurs in the commission shall be
 filled in the same manner in which the original appointment was made. No
 member of the commission shall be disqualified from  holding  any  other
 public office or employment, nor shall he or she forfeit any such office
 or  employment  by  reason of his or her appointment hereunder, notwith-
 standing the provisions of any general, special,  or  local  law,  ordi-
 nance, or city charter.
   4.  The  members of the commission, except those who serve ex officio,
 shall be allowed their actual and necessary  expenses  incurred  in  the
 performance  of  their  duties under this act but shall receive no addi-
 tional compensation for services rendered pursuant to this act.
   5. The commission, on call of the chair, shall meet in-person  or  via
 electronic  means  at  least  monthly  and at such other times as may be
 necessary. The commission may establish rules and  procedures  regarding
 conduct  of its meetings and other affairs.  A quorum shall be necessary
 for the conduct of official business by the commission or any  committee
 or subcommittee thereof. Unless otherwise provided by law, fifty percent
 or  more  of  the  appointed members of the commission or any committee,
 when applicable, shall constitute a quorum.  The commission  may  estab-
 lish committees and subcommittees.
   6.   The division of housing and community renewal shall provide tech-
 nical assistance and data to the commission as may be necessary for  the
 commission  to  carry out its responsibilities pursuant to this section.
 To the maximum extent feasible, the  commission  shall  be  entitled  to
 request  and receive and shall utilize and be provided with such facili-
 ties, resources and data of any  department,  division,  board,  bureau,
 committee,  agency  or  public  authority  of the state or any political
 subdivision thereof as it may reasonably request to properly  carry  out
 its powers and duties pursuant to this act.
   7.  Appointments  to the commission shall be made no later than thirty
 days after the effective date of this act.
   8. Any vacancy in the commission shall not affect the  powers  of  the
 commission,  and  shall  be  filled  in  the same manner as the original
 appointment.
   9. The commission shall meet not later than thirty days after the date
 on which  a  majority  of  the  members  of  the  commission  have  been
 appointed.
   §  4. Definitions. As used in this act, the following terms shall have
 the following meanings:
   1. "Affordable housing" means a dwelling unit that does not  cost-bur-
 den  an  extremely  low income household, a very low income household, a
 low income household, a moderate income household, or  a  middle  income
 household, as the case may be.
   2. "Low income housing" and "public housing" shall have the same mean-
 ings given to those terms in 42 U.S.C. 1437a (b).
 S. 4006--B                         113
 
   3.  "Commissioner"  means  the commissioner of the division of housing
 and community renewal.
   4.  "Rural" or "rural area" means any open county, or any place, town,
 village, or city which is not part of or associated with an  urban  area
 and which:
   (a) has a population not in excess of twenty-five hundred residents;
   (b)  has  a  population in excess of twenty-five hundred residents but
 not in excess of ten thousand residents if such area is rural in nature;
 or
   (c) has a population in excess of ten thousand residents  but  not  in
 excess of twenty thousand residents, and is not contained within a stan-
 dard metropolitan statistical area.
   5.  "Urban"  or "urban area" means an area as designated by the United
 States census bureau having a population of five thousand  or  more  and
 not  within  any  urbanized area, within boundaries to be fixed by state
 and local officials in cooperation  with  each  other.  Such  boundaries
 shall  encompass,  at  a minimum, the entire urban area as designated by
 the United States census bureau.
   6. "Urbanized area" means an area with a population of fifty  thousand
 or more designated by the United States census bureau, within boundaries
 to be fixed by state and local officials in cooperation with each other.
 Such boundaries shall encompass, at a minimum, the entire urbanized area
 as designated by the United States census bureau.
   7.  "Suburb" or "suburban area" means a mixed-use or residential area,
 existing either as part of a city or urban area, or as a separate  resi-
 dential community that is not an urban area within commuting distance of
 a city.
   8.  "Middle  income household" means a household that has an income of
 more than one hundred twenty percent of the area median  income  but  no
 more  than one hundred sixty percent of the area median income, adjusted
 for the size of the  household,  as  determined  by  the  United  States
 department of housing and urban development.
   9.  "Moderate  income household" means a household income of more than
 eighty percent of the area median income but no more  than  one  hundred
 twenty  percent  of the area median income, adjusted for the size of the
 household, as determined by the United States department of housing  and
 urban development.
   10. "Low income household" means a household income of more than fifty
 percent of the area median income but no more than eighty percent of the
 area  median  income,  adjusted for the size of the household, as deter-
 mined by the United States department of housing and urban development.
   11. "Very low income household" means a household income of more  than
 thirty  percent of the area median income but no more than fifty percent
 of the area median income, adjusted for the size of  the  household,  as
 determined by the United States department of housing and urban develop-
 ment.
   12.  "Extremely  low  income  household" means income not in excess of
 thirty percent of the area median income, adjusted for the size  of  the
 household,  as determined by the United States department of housing and
 urban development.
   § 5. Duties and responsibilities of the commission. 1. The mission  of
 the commission is to make specific recommendations to the legislature on
 how to preserve and maintain existing affordable housing, to support the
 development  of  new  affordable  housing  in  the state of New York, to
 strengthen and grow diverse and stable communities, and to maximize  the
 S. 4006--B                         114
 
 impact  of  private, state, local and federal resources by ensuring long
 term affordability.
   2. The commission shall:
   (a)  evaluate  and  measure access to affordable housing for extremely
 low income, very low income, low income,  moderate  income,  and  median
 income  households  in urban, rural and suburban areas across the state,
 including, but not limited to, single family homes with  four  units  or
 less,  multiple  residences, multiple dwellings, public housing accommo-
 dations, and mobile and manufactured homes;
   (b) evaluate and quantify the costs incurred by other state, and local
 programs due to a lack of affordable housing;
   (c) evaluate and make recommendations to the  legislature  on  how  to
 address affordable housing access for higher need populations, including
 but not limited to people of color, veterans, persons with disabilities,
 independent  seniors,  workforce and public servants, single parents and
 kinship care, and extremely low income households;
   (d) evaluate and make recommendations to the  legislature  on  how  to
 address  affordable  housing  access  across  the  state,  by geography,
 region, size of localities, and proximity to public transportation;
   (e) evaluate and make recommendations to the legislature on how to use
 affordable housing to improve the  effectiveness  of  state,  and  local
 programs and improve life outcomes including, but not limited to, great-
 er  income  stability,  better  education and physical and mental health
 outcomes for adults and children;
   (f) evaluate and make recommendations to the  legislature  on  how  to
 support  the  development  of more affordable housing, preserve existing
 affordable housing and how to use  affordable  housing  to  improve  the
 effectiveness  of state and local programs and improve life outcomes for
 individuals living in New York;
   (g) evaluate and make recommendations to the legislature on real prop-
 erty tax assessments, abatement and exemption incentives to support  the
 development  of more affordable housing and preserve existing affordable
 housing, and homeowner assistance;
   (h) evaluate and make recommendations to the legislature  on  eviction
 protections,  stabilizing  rents, and the impact short term rentals have
 on housing vacancy rates;
   (i) evaluate and make recommendations to the legislature on labor  and
 worker  concerns during the construction and post-construction phases of
 affordable housing development, including wages, work-site  safety,  and
 employment protections;
   (j)  evaluate  and  make  recommendations to the legislature on zoning
 laws and rules and land use restrictions, housing density and  accessory
 dwelling  units,  vacant  property  conversions,  and  transit  oriented
 affordable housing development;
   (k) evaluate and make recommendations to the  legislature  on  Federal
 housing  and  urban  development  section 8 and section 9 public housing
 programs, housing assistance vouchers and supplemental payments;
   (l) evaluate and make recommendations to the legislature on affordable
 homeownership opportunities, foreclosure prevention, rehabilitation  and
 restoration  options,  demolition  and reconstruction, new construction,
 and down payment assistance;
   (m) evaluate and make recommendations to the legislature on fair hous-
 ing, housing equity and inclusion, and reversing the residual effects of
 redlining; and
 S. 4006--B                         115
 
   (n) evaluate and  make  recommendations  to  the  legislature  on  the
 conversion  of  existing  vacant or blighted property into affordable or
 supportive housing.
   3.  The  commission shall utilize any available survey and statistical
 data related to the purpose of the commission to complete  comprehensive
 reports  that evaluate and quantify the impact that a lack of affordable
 housing has on current conditions and future life outcomes for  individ-
 uals living in New York, including:
   (a) education;
   (b) employment;
   (c) income level;
   (d) disability, and physical and mental health;
   (e) nutrition;
   (f) access to transportation;
   (g) the poverty level of the neighborhood in which individuals live;
   (h) geographical location and access to public transportation;
   (i) regional economic growth;
   (j) home ownership;
   (k) neighborhood and rural community stability and revitalization; and
   (l)  other  areas  of  life  and  future  life outcomes related to the
 purpose of the commission necessary to complete a comprehensive report.
   4. The commission may request and shall receive any and  all  informa-
 tion  from  any  other  state  or  local agency the commission considers
 necessary to carry out this act.
   5. The commission may hold such  hearings,  take  such  testimony  and
 receive such evidence as the commission considers advisable to carry out
 this act.  The commission shall also hold at least one public hearing in
 the  city of New York and two public hearings outside of the city of New
 York in different regions of the state.
   6. Reports and recommendations to the legislature  by  the  commission
 shall  be  submitted to the legislature annually, the first report shall
 be due no later than December 31, 2023.
   § 6. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  one  year  after  the date on which all members of the
 commission are first appointed pursuant to section three  of  this  act;
 provided  that  the co-chairs of the commission shall jointly notify the
 legislative  bill  drafting  commission  upon  the  occurrence  of  such
 appointments  in  order that the commission may maintain an accurate and
 timely effective data base of the official text of the laws of the state
 of New York in furtherance of effectuating the provisions of section  44
 of the legislative law and section 70-b of the public officers law.
 
                                  PART PP
 
   Section  1.  Legislative  intent.  The  State  University  of New York
 ("SUNY") has committed to becoming the most inclusive university  system
 in  the country, where all students, faculty, and staff feel welcome and
 supported. To meet this goal, SUNY must employ, in addition  to  faculty
 and  staff,  leaders  at the highest levels who share common experiences
 and culture with those who comprise the fastest-growing segment  of  its
 student  population:  diverse students who will become the nation's next
 generation of leaders.
   SUNY has seen a steady increase of Black  students  in  recent  years,
 reaching  nearly  11  percent, or over 42,000 students, in the 2019-2020
 academic year. While SUNY continues its efforts to  ensure  that  campus
 leadership and faculty reflect the students they serve by hiring faculty
 S. 4006--B                         116
 
 who  are  more  representative of the diverse student population at SUNY
 campuses, the  diversity  within  executive  leadership  teams  on  many
 campuses can be expanded further with support from the legislature.
   It  is,  therefore, the intention of the legislature to create a Black
 Leadership Institute ("the Institute") as an initiative for Black  lead-
 ers  in  higher  education with a mission to retain and grow from within
 SUNY a greater proportion of Black professionals at SUNY  campuses.  The
 Institute  shall  offer  support and foster professional development for
 candidates for senior leadership roles on SUNY campuses, which will,  in
 turn,  create a more diverse SUNY culture that represents New York state
 and the SUNY student population.
   The legislature further intends that the Institute would  be  designed
 to  open doors to executive-level positions and strengthen the Universi-
 ty's pool of Black leaders. The Institute will  identify,  develop,  and
 recruit, and ultimately support, retain, and foster the success of Black
 leaders across the SUNY system.
   §  2. The education law is amended by adding a new section 362 to read
 as follows:
   § 362. BLACK LEADERSHIP INSTITUTE. 1.  SUBJECT TO AN APPROPRIATION FOR
 THIS PURPOSE, THE CHANCELLOR OF THE STATE UNIVERSITY  OF  NEW  YORK,  IN
 CONSULTATION  WITH  THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW
 YORK, SHALL CREATE A BLACK LEADERSHIP INSTITUTE WITHIN THE STATE UNIVER-
 SITY OF NEW YORK TO FOSTER THE SUCCESS OF BLACK LEADERS AT THE UNIVERSI-
 TY PRESIDENT AND PRESIDENT'S CABINET LEVEL. SUCH INSTITUTE SHALL DEVELOP
 CANDIDATE  IDENTIFICATION  AND  RECRUITMENT  EFFORTS,  SEARCH  COMMITTEE
 TRAINING,  PROFESSIONAL  DEVELOPMENT AND INDIVIDUALIZED SUPPORT MEASURES
 FOR  INSTITUTE  PARTICIPANTS,   PROFESSIONAL   ASSISTANCE   PROGRAMMING,
 SERVICES, RESEARCH AND RESOURCE IDENTIFICATION ACTIVITIES, AND ANY OTHER
 PROGRAMS DEEMED NECESSARY TO EFFECTUATE THE INTENT OF THIS INSTITUTE.
   2.  THE  CHANCELLOR  SHALL  APPOINT AN EXECUTIVE DIRECTOR AND AN EIGHT
 MEMBER ADVISORY COUNCIL, TO PROVIDE GUIDANCE AND ADVICE TO  FURTHER  THE
 DEVELOPMENT AND GROWTH OF THE INSTITUTE. THE DIRECTOR AND THE MEMBERS OF
 THE ADVISORY COUNCIL SHALL SERVE FOR THREE-YEAR TERMS, WITH THE DIRECTOR
 AND  THREE  ADVISORY  COUNCIL MEMBERS APPOINTED IN THE FIRST YEAR OF THE
 INSTITUTE'S EXISTENCE, THREE OTHER MEMBERS APPOINTED IN THE SECOND YEAR,
 AND TWO MEMBERS APPOINTED IN THE THIRD YEAR. THE DIRECTOR  AND  ADVISORY
 COUNCIL MEMBERS MAY BE REAPPOINTED AT THE END OF EACH TERM IN THE MANNER
 OF  THE  ORIGINAL  APPOINTMENT.  THE DIRECTOR AND ADVISORY COUNCIL SHALL
 RECEIVE NO COMPENSATION FOR THEIR WORK IN CONJUNCTION  WITH  THE  INSTI-
 TUTE.
   3.  IN  CONSIDERING  MEASURES  AND  PROGRAMMING  FOR  EFFECTUATING THE
 PURPOSE OF THE INSTITUTE, THE INSTITUTE SHALL CONSIDER SUCH  FACTORS  AS
 PROGRAM  COST-EFFECTIVENESS;  THE  ABILITY  OF  SUCH  PROGRAMS  TO OFFER
 PROGRAMMATICALLY APPROPRIATE, LONG-TERM, TRAINING, AND SUPPORT SERVICES;
 THE ABILITY OF SUCH PROGRAMS TO ENABLE INDIVIDUALS TO PARTICIPATE IN THE
 INSTITUTE TO RECEIVE REWARDING TRAINING,  SERVICES,  AND  SUPPORTS;  AND
 CURRENT  AND  PROJECTED  EMPLOYMENT  DATA  AT  CAMPUSES WITHIN THE STATE
 UNIVERSITY SYSTEM.
   4. THE EXECUTIVE DIRECTOR SHALL PREPARE AND PRESENT TO  THE  GOVERNOR,
 THE  SPEAKER  OF  THE ASSEMBLY, AND THE MAJORITY LEADER OF THE SENATE AT
 THE BEGINNING OF EACH REGULAR SESSION  OF  THE  LEGISLATURE  A  SEPARATE
 REPORT  COVERING,  IN  SUMMARY, AND IN DETAIL, ALL PHASES OF ACTIVITY OF
 THE INSTITUTE FOR THE IMMEDIATELY PRECEDING FISCAL YEAR.
   § 3. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.
 S. 4006--B                         117
 
                                  PART QQ
 
   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.
 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
 to the maximum extent possible[, except that nothing shall require  that
 aid  or assistance received which]. MARITIME ADMISSIONS SCHOLARSHIPS may
 be used towards EDUCATIONAL costs other than that of tuition  [shall  be
 applied toward the cost of tuition].
   § 2. This act shall take effect immediately.
 
                                  PART RR
 
   Section  1.  Subparagraph  (ii)  of  paragraph  a  of subdivision 3 of
 section 667 of the education law, as amended by section 1 of part  B  of
 chapter 60 of the laws of 2000, is amended to read as follows:
   (ii)  Except for students as noted in subparagraph (iii) of this para-
 graph, the base amount as determined from subparagraph (i) of this para-
 graph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (A) Less than seven thousand        None
 S. 4006--B                         118
 
     dollars
 (B) Seven thousand dollars or       Seven per centum of excess
     more, but less than eleven      over seven thousand dollars
     thousand dollars
 (C) Eleven thousand dollars or      Two hundred eighty dollars
     more, but less than eighteen    plus ten per centum of excess
     thousand dollars                over eleven thousand dollars
 (D) Eighteen thousand dollars or    Nine hundred eighty dollars
     more, but not more than [eighty]plus twelve per centum of
     ONE HUNDRED TEN                 excess over eighteen
     thousand dollars                 thousand dollars
   § 2. This act shall take effect June 1, 2024.
   § 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 RR of this act shall be
 as specifically set forth in the last section of such Parts.